Save Shellmounds Not Parking Lots campaign image of archaeologists sifting through soil in a cemetery. Title reads: “You wouldn’t let them dig up your grandma. Why would you let them dig up ours?”
The San Francisco Bay Area had well over 425 shellmounds.
Gabriel Duncan, from the Alameda Native History Project, estimates the true number of shellmounds around the S.F. Bay Area’s shoreline is closer to seven or eight-hundred shellmounds, which existed before European invasion and colonization.
Shellmounds are ancient burial grounds used by the First People of the San Francisco Bay Area for over 10,000 years. Shellmounds form ancient mortuary complexes created by Ohlone, Miwok, and Karkin people. Shellmounds were not village sites; but they were places where ceremonies dedicated to indigenous ancestors were performed; and large seasonal gatherings were held nearby to celebrate the unity, harmony, and balance indigenous people share with the earth, each other, our ancestors, and all creation.
Grave robbing by universities and treasure hunters; as well as desecration by railroad companies, oil refineries, and quarry operators, has made the remaining San Francisco Bay Area Shellmounds one of the most endangered cultural resources in the world.
One of the chief defilers of shellmounds are quarry companies. These companies are still operating today, at places like the San Rafael Rock Quarry–which is home to no less than five shellmounds; and Dutra Materials Quarry, in Richmond, California–an area dotted with the highest concentration of shellmounds in the East Bay.
But not much is being said about the historical and ongoing desecration and defiling of indigenous bodies to build the infrastructure and institutions all around us.
This is surprising, considering the amount of time, effort, and fundraising which has gone into “preserving” a parking lot in West Berkeley, and protesting a thriving and established shopping mall in Emeryville, California.
While other cities and corporations used shellmounds to level their train tracks, and pack for roadways: the Angel Island Immigration Station is one of the best surviving answers to the question of “What Happened to the Shellmounds?”
Angel Island was home to about four shellmounds. All of which were quarried and used as a base for the concrete to construct the immigration buildings now standing as Angel Island State Park. However, there is no mention of this fact in the park brochure, or uttered by any tour guide on the island.
The historical and continuing desecration goes unspoken, and right before our very eyes; all over the San Francisco Bay Area.
Instead of directly addressing and challenging the corporations and cities responsible for the desecration of Ohlone, Miwok, and Karkin burial grounds, and sacred sites: advocates and allies are being fooled into believing these parking lots (in West Berkeley), and post-industrial waste sites (in East Oakland) are the priority for the fight against desecration of indigenous land. This is not true.
“Saving” parking lots is not an indigenous priority over stopping the desecration of indigenous sacred sites today.
Optic-driven, PR events, like urban gardens, and cultural easements to use our own land for free, do not address the fact that shellmounds are being quarried into extinction. That these ancient structures are being erased by shoreline development, and urbanization of the San Francisco Bay Area waterfront.
This situation will not change; the desecration will not stop, until our supporters and allies start to critically assess the information being given to them by non-profit corporations trying to fundraise for their money, and compare that with information provided by scholars, experts, and bona fide tribes like the Muwekma Ohlone Tribe of the San Francisco Bay Area.
Collage art of a shellmound with historic Alameda newspaper articles in the background, with the title words “Save Shellmounds Not Parking Lots”. Artwork by Gabriel Duncan.
While these places may be on our traditional homelands, and within our tribal territories: Brownfields properties and Supferfund sites are neither appropriate, nor respectful gifts of atonement to the Indigenous People the entire Western Hemisphere was stolen from.
It is a waste of resources for indigenous non-profiteers, like Corrina Gould, to focus primarily on post-industrial sites, like the place she alleges is the “West Berkeley Shellmound“.
It is an improper use of our allies’ time, energy–and money–to have them marching around an empty parking lot, and futilely protesting an established and thriving shopping mall (Bay Street Emeryville).
All of this takes away from the reality: Ohlone cultural resources in the San Francisco Bay Area are being destroyed by development at an alarming rate.
Without intervention, Native American cultural resources, like shellmounds, and the fragile ecosystems they inhabit and have supported for over 10,000 years, will be destroyed. Paved over, without a second thought for anything other than their “fair market value”.
Parking Lots and Abandoned Post-Industrial Spaces are not a priority; compared to Federal Recognition, Federal Land Grants, and the establishment of a Tribal Land-base and an official, recognized, Ohlone tribal reservation, and sovereign tribal territory.
Urban Gardens do not address the Land Back movement in a relevant way.
In fact, PR events like the dedication of part of Joaquin Miller Park, in Oakland, and the renaming of a park in Alameda, are completely irrelevant to the actual cause of land back, rematriating the land, and the real priorities of bona fide tribal governments, like the Muwekma Ohlone Tribe of the San Francisco Bay Area–a tribe Corrina Gould would be a member of, if she weren’t so focused on personal gain, instead of advocating for her own tribe, and all Ohlone people.
As long as people realize their time and energy is better spent on an achievable goal, like Federal Re-Recognition & The Establishment of a Muwekma Land-base: Land Back is something we can see happen within our lifetimes.
For more information on how you can help Ohlone people regain Federal Recognition, and get their Land Back, visit the Muwekma Ohlone Tribe of the San Francisco Bay Area’s website at: http://muwekma.org
Just to be clear: eating food grown in contaminated soil may not result in contaminated food…
Even though petrochemical aromatic hydrocarbons (PAH) are largely unstudied “likely” carcinogens–some of which have been found to move through the soil easily into water; and that contamination can move from soil to food to animals.
Petrochemical Aromatic Hydrocarbons (PAH) include chemicals like Benzene, Naphthalene, Xylene, and other chemicals which are part of a complex and ever-changing family of petroleum-derived products.
While we know that lead, mercury, arsenic, and other heavy metals can concentrate in root vegetables, causing various ailments. The effects of PAH have not be sufficiently researched or linked to the varying illnesses of those living in and around former brownfields and industrial complexes, or exposed to contaminated soils.
While everyone is so excited to line up for their #landback/#rematriatetheland photo ops, ask yourselves if this is the land that you actually want back.
Proper remediation, decontamination, and detoxification of these places must be done by the city/government and/or corporations “giving” this land back.
It helps no one to turn a blind eye to the real-world challenges behind soil and water contamination.
Exposing us to contaminated soil through dust, accidental ingestion, or to the detritus which accumulates on vegetables and fruit above the ground, is not healing. It’s a slow death.
Furthermore, a substance doesn’t just have to be “carcinogenic” to cause harm. Some mutagenic substances can be carried down through generations.
Part of a proper #landacknowledgement not only mentions the @MuwekmaOhloneTribe; it admits to the harms western society committed against the environment during colonization and industrialization.
It’s hard to say exactly what this plaque meant to me, growing up, adopted, in Alameda. This was a tangible symbol of my Native American heritage; something connected to my identity. Proof that my people actually existed somewhere. Even though I couldn’t see them, or be with them. It was also a source of horrors; knowing that I was living on an Indian Burial Mound.
This was supposed to be an art project; with some ghost stories, hand made beading, and hand-made historic reproductions of traditional Native American garments and adornments.
All I wanted to do was find out if my grandfather’s house really was built on an Indian Burial Mound. I thought I was asking a simple question, that local historians would be able to answer in the same way they could erudiate on Victorian Houses, and Electric Railways.
Instead–when I went to the Alameda Museum–the subject was dismissed.
“Somebody already did that,” I was told.
An unnamed docent from the Alameda Museum asked me, “Wasn’t it just a trash heap?”
Searching For Answers
It soon became obvious that Non-Native Historians were neither interested, nor knowledgeable about the Alameda Shellmounds, or the First Alamedans; I realized I would have to perform the work.
Not just to find out for myself; but to counter non-native apathy, and gate-keeping; and hold this knowledge in trust for other native people who search for their own heritage, too.
But how do I find out more about the Alameda Shellmounds, and their history, when the Alameda Museum doesn’t even care?
I would have to find, search, index, and analyze several volumes of information; across several sources, and locales.
This is the progression of sources I consulted, regarding this topic. Research is still ongoing. Check the ANHP Wiki for specifics, excerpts, transcriptions, and more.
Existing, Aggregated Information RE: Shellmounds in Alameda
Books:
Alameda: A Geological History, Imelda Merlin, 1977
Shellmounds of the San Francisco Bay Area, N.C. Nelson, 1914
Alameda Historic Records
Learned:
Where the “Sathers Mound” actually was;
There was more than one shellmound in Alameda;
People used shellmounds to pave sidewalks and roads.
Newspapers
Search expanded to regional and state newspapers; like the Oakland Tribune, and the Alta Daily California.
Learned:
First excavation of the Alameda Shellmound was 1892, sponsored by the San Francisco Call newspaper;
California Academy of Science was involved in 1892 excavation;
Several artifacts reportedly gifted to U.C. Berkeley Anthropology Museum.
University/Research Institutions
Relevant material found in the holdings of:
University of California, Berkeley;
San Francisco State University;
California Academy of Science.
Museums
Phoebe A Hearst Museum, Berkeley, California
California Academy of Science, San Francisco, California
Coyote Hills Regional Park, Fremont, California
California Indian Museum and Cultural Center, Santa Rosa, California
California State Indian Museum, Sacramento, California
Alameda Museum, Alameda, California (Errantly attributed Ohlone artifacts to “a branch of the Miwok tribe” for decades.)
“Somebody already did that.”
Imelda Merlin
Imelda Merlin is a famous Alamedan. Her Master’s Thesis for the University of California, Berkeley, was published in 1977 as Alameda: A Geological History. This book contains a Map of Live Oaks, which features several shellmounds.
Imelda Merlin’s book is considered the “Alameda bible” as far as local historians are concerned. It contains excerpts from, and references to, some of the core historic records of the City of Alameda. However, the map is of Live Oaks, and does not appear to be a serious attempt to show the accurate locations of shellmounds which existed in Alameda around 1850; and the sections concerning indigenous occupation of Alameda and extremely light on verifiable citations.
N.C. [Nels Christian] Nelson
Was an anthropology student at the University of California, Berkeley. Worked for John C. Merriam. Merriam and Nelson both went on an exploratory expedition of the San Francisco Bay Region, where Nelson surveyed and analyzed shellmounds.
In 1914, N.C. Nelson published his findings in “Shellmounds of the San Francisco Bay Region”, which featured the “Map of the San Francisco Bay Region, Showing the Distribution of Shell Heaps”.
This is the most thorough survey of the Bay Area Shellmounds ever made; and Nelson’s work is heavily cited by historians, newspapers, and researchers, alike. Nelson’s map represents the positions of shellmounds he and his team personally observed, which makes his work a primary source.
Confronting the Current Record
Reconciling local “common knowledge” with Public Records and Official Studies
Issues presented by Imelda Merlin’s Map
Citations are missing, incorrect, and/or do not substantively match or explain the locations of shellmounds in content, or context. For instance, the 1850 “Whitcher’s Survey” map of the Alameda area has been lost to time, even though it was referenced as being on prominent display in Alameda’s City Hall. This survey appears several times in Merlin’s work, all with hand-drawn additions by Imelda Merlin, herself.
Multiple Versions of N.C. Nelson’s Map
Aside from the official U.C. Berkeley, University Press printing of Nelson’s Map; there are versions with more Shellmounds, and different numbers. However no addendum or update by Nelson has been recovered; drawing into question the accuracy of these other, unofficial, maps purportedly attributed to Nelson.
Complete Reliance by Non-Native Historians on Unvetted Sources
Hometown pride may have blinded local historians. But even credible witnesses can give unreliable testimony. There is an argument for considering Merlin’s map as a Tertiary Source.
Non-Native Attitudes that the Burial Mound Issue is “Settled”
Resulting in a fundamental lack of knowledge and comprehension of local historical events by local historians and curators–who are supposed to be the experts on this subject, among other Alameda History. The assumption that there is nothing more to find, and no more to learn about the Alameda shellmounds, meant that no research was performed regarding the History of the First Alamedans–until now.
As this project continued, I learned that there was a lot left unsaid, and even more Alameda History to be uncovered beyond answering the question: “What happened to the shellmounds?”
On December 6, 2022, at 5:00 PM, Alameda City Council will hold a special meeting to conduct a “Listening Session“, and discuss partnership opportunities with Local Indigenous People and Ohlone Tribes.
Three tribal organizations have been invited to attend: Ohlone Tribe, INC., headed by Andrew Galvan; the Muwekma Ohlone Tribe of the San Francisco Bay Area; and the Confederated Villages of the Lisjan Nation, INC.
This listening session will seek to address a number of topics, including the City of Alameda’s commitment of $22,000 to the Sogorea Te Land Trust; Ohlone Land Acknowledgment; Possible Cultural Conservation Easement; and the creation of an action plan to raise awareness of, and educate the citizens of Alameda about Native American history and culture.
The stakes are high for the Muwekma Ohlone Tribe; as they’ve already seen interlopers raise their flags in Albany and Berkeley; as well as gain land at Sequoia Point, in Oakland, in the form of a cultural easement granted by Oakland City Council–without any regard to the Muwekma Ohlone Tribe, which has over 600 enrolled members, and documented history going back at least 7,000 years.
Not only is a similar monetary commitment to the Muwekma Ohlone Preservation Foundation on the table…. This could be the last chance Muwekma has to be included in the planning of cultural easements and official recognition by the City of Alameda for decades to come.
Here at the Alameda Native History Project, we value organizations and movements which focus on measurable, outcome-based strategies and planning. We value transparency, accountability, and regular reporting on the progress toward those goals.
And while organizations associated with Corrina Gould talk a good game: it would behoove you to take notice of the fact that none of the organizations associated with Gould have achieved any of the goals they purport to strive for.
Here’s a brief breakdown of some organizations Gould is associated with:
Indian People Organizing for Change: Gould claims to be a co-founder of this now defunct organization; this is where she began the Shellmound Walk. Though it’s important to note that we haven’t been able to find any newspaper articles where Corrina Gould is mentioned, or pictured, with any other founders of IPOC. In fact, it looks like Gould’s involvement has been using IPOC as a front for her own fundraising efforts. For what, though?
American Indian Child Resource Center: Corrina Gould was an employee of this organization as a Title 7 Resource Coordinator during the time she herself was convicted of defrauding Alameda County (which she confessed to); was sentenced to 2 years in jail; and ordered to pay restitution in the amount of $5,275. While the AIRCRC is a legitimate organization, one can’t help but ask why the Center continues to associate itself with Gould. [Or why any of these organizations think it’s appropriate to put a fraud in charge of fundraising, or even run for “tribal office”.]
Sogorea Te Land Trust:Unaccredited land trust. Named after Glen Cove, in Vallejo, which is actually Wintu and Patwin land; the place where Corrina Gould hijacked efforts to preserve and protect sacred sites. Gould claimed that tribes were not consulted regarding the planning and development of Glen Cove Park, but she was wrong. Tribal Consultation was occurring behind the scenes the whole time Corrina Gould was publicly occupying another tribe’s land.
Gould’s actions resulted in costing the tribes tens of thousands of dollars in legal fees, and forced the tribe to pay for a cultural easement–which would have been free, if Gould hadn’t interfered. The original goal of the Land Trust was to purchase/receive native land to put back into native hands. However, their entire body of work has only focused on re-appropriating urban gardens, and landscaping, thus far. And also to serve as Corrina Gould’s personal piggy bank.
Confederated Villages of the Lisjan, INC.: Formerly created by Corrina Gould to give the appearance of the legitimacy needed for Cities and Developers to treat her as a Tribal Consultant; and to file as an intervenor in court cases to “stop desecration” in places like West Berkeley and Glen Cove. This corporation was subsequently suspended by the Franchise Tax Board; and then taken over by Gabriel Duncan, to prove a point that corporations are not tribal governments. (The exercise of sovereign powers is not a charitable purpose, how can a non-Ohlone person be a tribal chair of an Ohlone government? They can’t; the idea that a corporation can be a tribal government is ridiculous.)
Confederated Villages of the Lisjan “Nation“, INC.: Corrina Gould registered another corporation with a similar name to continue her charade as an elected tribal chairwoman. It’s not hard to say that when your board of directors are your immediate family. But Gould isn’t a Tribal Chairwoman, she’s the Chair of the Board of a corporation masquerading as a tribal government.
The real unfortunate part of this is that Gould continues to present herself as speaking for a larger population of Ohlone People than she has the right to, in the same way King Henry spoke for his subjects in countries across the world. (Except King Henry actually had “subjects”. And, even if you count Gould’s supporters, they’re not Ohlone People.) In fact, it looks like Corrina Gould wants to be the only person consulted, to the point of excluding bona fide tribes, as was the case in both Glen Cove, and Sequoia Point.
Furthermore, Lisjan is the place name for Pleasanton–not East Oakland. And the real “confederation” of villages is the Muwekma Ohlone Tribe of the San Francisco Bay Area.
[The present-day Muwekma Ohlone Tribe is comprised of all of the known surviving American Indian lineages aboriginal to the San Francisco Bay region who trace their ancestry through the Missions Dolores, Santa Clara, and San Jose…]
Lost in the fray is the simple fact that Corrina Gould’s corporation has only been around for about 5 years; whereas the Muwekma Ohlone Tribe of the San Francisco Bay Area has been around since time immemorial. Muwekma has over 600 enrolled tribal members. Muwekma’s lineage is extremely well-documented; and their occupation of the San Francisco Bay Area can be traced back to archeological sites representing at least 7,000 years of ancestral tribal history.
[Yes, I’m also tired of repeating myself.]
So let’s say you don’t want to give money to an organization fronted by a convicted fraud, which isn’t doing the work it claims to be dedicated to. What are some organizations where your investment in indigenous people, their rights, and their lives, would make the most difference?
Muwekma Ohlone Preservation Foundation [link] The actual Ohlone Land Trust and Preservation Foundation working to preserve the homelands of a tribe which was formerly known and recognized as the Verona Band of Indians, and is known today as the Muwekma Ohlone Tribe of the San Francisco Bay Area. By supporting this foundation, you are supporting the rematriation of the land, re-awakening of indigenous language, culture, and helping to foster the honor and respect required to make space for healing, and rejuvenation of the people who survived the Missionization of the San Francisco Bay Area, and the American policies of genocide and erasure in California.
Heal mak Muwékma (“our People”) by connecting with and caring for our ancestral lands,
Protect and hinnimpisin ’oyyo ’innu heeme (“restore culture, and natural resources”),
Gain and ’utas warep — steward the land-base where we have always been,
Awaken cultural practices on the land through tribal gatherings and creating ceremonial spaces,
Ensure the continued ’iškaanesin mak Muwékma (“resilience of our People”)
Friendship House of San Francisco [link] This organization provides the bulk of services to Native People who are either living off the reservation in urban areas, or have been sent to the friendship house to receive treatment and healing services by tribes far and wide. The Friendship House of San Francisco holds a special place in my heart, because I have seen the people who have benefited from their programs, and ongoing mercy and care for all Native People in the Urban Reservation. Investing in the Friendship House of San Francisco is probably one of the best ways to support indigenous people, not only in the Bay Area, but all over this continent.
Intertribal Friendship House of Oakland [link] From the Intertribal Friendship Oakland website: “Intertribal Friendship House (IFH), located in Oakland, CA was established in 1955 as one of the first urban American Indian community centers in the nation. It was founded by the American Friends Service Committee to serve the needs of American Indian people relocated from reservations to the San Francisco Bay Area. The Bay Area American Indian community is multi-tribal, made of Native people and their descendants—those who originate here and those who have come to the Bay region from all over the United States and from other parts of this hemisphere.
“For urban Native people IFH has served as the Urban Reservation and Homeland. In many cases it is one of the few places that keeps them connected to their culture and traditions through pow wow dance, drumming, beading classes, and the many social gatherings, cultural events, and ceremonies that are held there. Intertribal Friendship House is more than an organization. It is the heart of a vibrant tribal community.”
As a youth, I visited the Intertribal Friendship House of Oakland for a lot of events, powwows and fellowship. IFH Oakland holds a special place in my heart as being my local urban Native cultural center for so long.
Muwekma Ohlone Preservation FoundationFriendship House SFIntertribal Friendship House Oakland
If you want to invest in indigenous people, their rights, and THEIR lives; please consider investing in one, or all three, of the organizations listed above.
Muwekma Ohlone Tribal Members unveiling first Trail Marker in their language, Čočeño (Chochencyo), at Coyote Hills Regional Park (aka Máyyan Šáatošikma)
On Sunday, November 27, 2022, we gathered at Máyyan Šáatošikma (aka Coyote Hills Regional Park, in Fremont) to witness the unveiling of the first of 35 trail markers, redesigned, and translated into Čočeño (Chochenyo).
Čočeño is the official language of the Muwekma Ohlone Tribe of the San Francisco Bay Area, once recognized as the Verona Band of Indians, and comprised of all of the known surviving American Indian lineages aboriginal to the San Francisco Bay region who trace their ancestry through the Missions Dolores, Santa Clara, and San Jose.
It was through the work of J.P. Harrington, and Ohlone Ancestor Jose Guzman, that the Čočeño language was preserved, and survived centuries of attempted erasure.
The renaming of these 35 trail markers–which account for all of the trail markers in the Coyote Hills Regional Park–are the culmination of decades of (continuing) partnership with the East Bay Regional Park District.
The Muwekma Ohlone Tribe of the San Francisco Bay Area is a bonafide tribe, with more than 600 enrolled members. Muwekma holds elections for their leaders, who are now Charlene Nijmeh (Chairwoman), Monica Arellano (Vice Chairwoman). Muwekma has a strong Tribal Council, made of elders and enrolled members; without whom the re-awakening of the Čočeño language, and traditions, such as almost-forgotten dances, would not be possible.
As supporters of Tribal Sovereignty, of Ohlone People’s struggle for recognition, for Land Back, and those who wish to Decolonize, and Rematriate The Land: Remember that Muwekma is a bonafide tribe–and not a corporation, like the Confederated Villages of the Lisjan “Nation”, INC.; or the Sogorea Te Land Trust.
The important distinction between these groups is that Muwekma has been here since time immemorial. That Muwekma can trace its lineage in the San Francisco Bay Area back to at least 7,000 years ago. That Muwekma accounts for hundreds of Ohlone People. That Muwekma holds regular elections, and–most importantly–Muwekma can back all their claims with extensive documentation, including pictures going back to at least the 1930’s.
Picture of Jose Guzman in Niles, California; taken 1934. Unknown Photographer.
Resources for Supporting the Muwekma Ohlone Tribe of the San Francisco Bay Area:
Now that initial excitement over the announcement of a proposed cultural easement for Ohlone people at Sequoia Point (5-acres in Joaquin Miller Park) has died down, it’s time to do the actual work of looking at the legislation proposed to Oakland City Council Members, and deciding if this really is a just, and equitable “Land Back” project.
While Sogorea Te Land Trust spokesperson, Corrina Gould, is also the alleged Tribal Chairperson of a corporation known as the Confederated Villages of the Lisjan Nation, INC.–we noticed that Corrina’s group was the only Ohlone tribal group consulted with while developing a cultural easement that is meant to benefit all Ohlone people.
Other tribal groups which claim Joaquin Miller Park – Sequoia Point, as part of their Tribal Homeland include:
Amah Mutsun Tribal Band of Mission San Juan Bautista
Costanoan Rumsen Carmel Tribe
Indian Canyon Mustun Band of Costanoan
Muwekma Ohlone Indian Tribe of the San Francisco Bay Area
Northern Valley Yokuts Tribe
The Ohlone Indian Tribe
So why weren’t these other tribes contacted, and invited to take part in the development of a cultural conservation easement for their land?
All of the tribal organizations listed above have documented ties to “bands of Indians”, and full-blooded Indian acenstors who appeared on Indian Censuses in the late 1800’s, and early 1900’s–which is a requirement to prove ancestry/degree of Indian Blood, and also petition the Bureau of Indian Affairs for Federal Tribal Recognition.
If added to the list above, Corrina Gould’s company, the Confederated Villages of the Lisjan “Nation”, INC. would be the newest and least documented tribal group.
The Ohlone Indian Tribe would be the second newest organization–but this corporation was founded specifically to accept the deed to the Ohlone Cemetery in Fremont, California. The Ohlone Cemetery was probably the first parcel of land back given to any Native American tribe by the Catholic Church (…ever.)
In fact, out of all of the tribes listed above, most of these tribes have their own Land Trusts, including the Indian Canyon Mutsun Band of Costanoan, which is currently the only federally recognized California coastal tribe between Sonoma and Santa Barbara. As such, Indian Canyon enjoys their own tribal land base, and Federal Land Trust.
This begs the following questions:
Why haven’t any of these other (arguably more legitimate) Tribal Organizations been contacted?
Who is Sogorea Te Land Trust really trying to return land to?
Because, right now, it appears that Corrina Gould is engaging in a form of self-dealing, in awarding her own corporation an easement in a transaction that she should be barred from negotiating because of her clear Conflict of Interest.
The onus to perform due diligence in reaching out to other tribal groups; exercise a duty of care to ensure these tribal group’s right to consultation (and participation) falls squarely on the City of Oakland.
However, as a land trust, which has no official Tribal Affiliation in their bylaws, or articles of incorporation, it seems incumbent upon Sogorea Te Land Trust to reach out to the tribes they claim to be working (in a fiduciary capacity) towards the return of land for…. And invite them to participate in a project that is meant to benefit them.
This is Sogorea Te Land Trust’s duty to Ohlone People; as an organization which claims to work for Ohlone people as their “clients” (for lack of a better term.)
Excluding these other tribal groups from consulting with the City of Oakland is a violation of well established (and accepted) rules and procedures provided, in part, by the Native American Graves Protection and Repatration Act, AB52 (Tribal Consultation), and the California Public Resources Code–which all require Cities and Lead Agencies (in this case, Sogorea Te Land Trust) to contact the Native American Heritage Commission to receive a list of tribal organizations they must request consultation from before proceeding with proposed project or plans on public lands. (Like a city park.)
More importantly, this is a complete disregard for the Tribal Protocol that Corrina Gould has been so vocal about.
Which is ironic considering the fact Gould hasn’t consulted any other tribes in the creation of this proposed easement at Sequoia Point.
In fact, it looks like other Ohlone tribes are being actively excluded by Corrina Gould, in order for her to engage in what looks suspiciously like Self-Dealing, and Fraudulent Behavior.
We know that Tribal Outreach and Consultation has not occurred, or even been attempted, because “tribal consultation” is conspicuously absent from the Agenda Report & Legislation for the proposed easement; along with any mention of Oakland City Staff, or STLT’s efforts to reach out to other tribes who are affected by, and are real parties in interest to, the cultural conservation easement proposed at Joaquin Miller Park, in Oakland.
Hopefully the Oakland City Council will put a hold on their vote on the Cultural Conservation Easement, in order for the City of Oakland and Sogorea Te Land Trust to actually consult with all the local Ohlone tribal groups, and bar Corrina Gould from engaging in negotiations on behalf of Sogorea Te Land Trust which she obviously has a deep, and personal, conflict of interest in.
Or that this is the product of Libby Schaaf’s (Mayor of Oakland) unilateral dealings with Corrina Gould (Spokesperson for Sogorea Te Land Trust, alleged Tribal Chair Person of Confederated Villages of the Lisjan Nation, INC.)
It’s the fact that other local Ohlone tribal groups weren’t consulted during the process of creating the easement we see proposed today.
Also: this still isn’t LandBack. It’s just an easement.
Land is not being conveyed from the City of Oakland, to any entity, as Sogorea Te Land Trust claims. An easement just gives them the right to use Sequoia Point as they chose, within the parameters of the Memorandum of Agreement entered into by the City of Oakland and Sogorea Te Land Trust. The City of Oakland retains ownership of the 5-acre area in Joaquin Miller Park–part of Oakland’s Recreation and Parks Department.
There are some important limitations listed in the propose ordinance you can find in the City of Oakland – Calendar. This includes a clause regarding public access, as well as permit free operations within the scope of the agreement and zoning requirements.
But this is a small part of a large document, that also excludes the Sequoia Point land grant, and (possibly) any future projects at the Point, from certain CEQA, NAGPRA, and AB52 Rules, which have requirements that projects on or near Tribal Cultural Resources must follow a consultation and scoping process with representatives of all the tribal groups of the area.
Bypassing these requirements would completely preclude any other tribe’s rightful claim to be a part of, or hold a share of interest in, this easement. Other tribes would not get a say in what happens at Sequoia Point, a place which other Ohlone groups claim as a part of their tribal homeland. Where each of the Ohlone Tribal Groups should share an equal interest, and have an equal voice.
The most curious part of the Agenda Report, regarding the “Cultural Conservation Easement to Sogorea Te’ Land Trust in Joaquin Miller Park” is the section marked “Public Outreach / Interest”. This section, in its entirety, states:
City staff and the Land Trust have conducted substantial outreach. The Land Trust, both with and without City staff, met with the Friends of Joaquin Miller Park several times to receive input and feedback about the project, and the organization enthusiastically supports the project. District 4 Councilmember Sheng Thao hosted an online Town Hall about the project on September 13, 2022. More than one hundred people registered for the meeting and participants expressed strong support for the project and no opposition. The Land Trust and City staff have also presented the project multiple times to the Parks and Recreation Advisory Commission. The Commission recommended formal and enthusiastic approval at its meeting on September 14. Since the project was publicly announced on September 8, 2022, there has been a broad expression of support and enthusiasm from the public at large.
City of Oakland Agenda Report for Item # 10 22-0849, on for City Council Meeting Nov-1-2022
The passage above contains no mention of City Staff attempting to contact other tribal groups in the area.
Proponents of the easement appear to have had one very popular online Town Hall, and contacted the Parks and Recreation Advisory Commission, and the Friends of Joaquin Miller Park, for their opinions.
But there is no mention of either City Staff, nor Sogorea Te Land Trust, reaching out to any other Ohlone Tribal Group in this area other than the Confederated Villages of the Lisjan Nation, INC.–who is conveniently fronted by the same person as the Sogorea Te Land Trust, Corrina Gould.
Most projects or proposals on this scale would require some form of Tribal Consultation, or Scoping; this proposal especially, because–for all intents and purposes–Sequoia Point is being considered, or treated, as a Tribal Cultural Resource.
When a city is creating an Environmental Impact Report or Assessment for any proposed public project (or project on public lands) they must exercise due diligence in requesting from the Native American Heritage Commission a list of tribes to consult regarding possible Tribal Cultural Resources possibly affected by the project, and develop ways to avoid or mitigate damage to those resources.
This is an example of a 2019 Tribal Consultation List for Richmond, California.
2019 Tribal Consultation List for Richmond, California – This list is public record and was included as part of an EIR filed in the City of Richmond, California.
As you can see, there is more than one Tribal Organization to consult with. There are seven organizations on this Tribal Consultation List, next to the associated tribes composing those organizations.
FYI: No, this list is not radically different in Oakland, California. I couldn’t find one quickly enough to use as an example. But please believe me, it looks the same, and still has more than one Tribal Organization. [… It’s also really difficult to track down one of these lists outside of an Environment Impact Report/Assessment.]
My point is: cities are required to send letters to every single one of these organizations requesting consultation. Those letters, and replies by tribal representatives, must be filed in the Environmental Impact Report/Assessment; along with a report regarding the request for consultation and any subsequent consultation and scoping activities.
The law requiring requests for consultations, and the consultation lists, were created and required in order to ensure that Native American land rights are respected; Native American Graves, and Cultural Resources are preserved, and protected from desecration.
This is done by codifying the Tribal Consultation process in the California Environmental Quality Act; thereby ensuring that Native American Tribes have a voice, and a say, in what happens on their traditional homelands, to their sacred places, and tribal resources.
The preamble of AB52, and the Native American Graves Protection and Repatriation Act, both specifically state this is the legislative intent of these laws.
The well-defined and accepted procedure of the Tribal Consultation Process was not followed to create the proposed Sequoya Point Cultural Easement.
To grant this land to one Ohlone group, without even talking to the others, is wrong; and in opposition to the Equity of all Ohlone People of the San Francisco Bay Area.
Choosing to award one single tribal group with land grants, while simultaneously excluding all others, sows division among indigenous people. And it interferes with tribal sovereignty in a way that disenfranchises thousands of indigenous people from having ownership of a place and project that is supposed to be for them.
The City of Oakland is meddling in tribal politics in the same way the US does in the Middle East. Or Haiti. Or any other place where people have turned around and said, “maybe that wasn’t such a good idea.” Where the actual people living in those countries have done things like burn flags, and tell us to get out. [Judgments reserved.]
The same way that some tribes were denied recognition by the US Government for petty, arbitrary reasons from the start–just as other Tribes were arbitrarily, and capriciously unrecognized [“removed from the Tribal Rolls”] during the Termination Era for the same.
This meddling is unwelcome, and sets a dangerous precedent across the rest of the San Francisco Bay Area, as well as California. The precedent that Tribal Consultation doesn’t matter.
Tribal Consultation matters.
All Ohlone Tribal Groups should be consulted, and have an equal share–and an equal voice–in the Ohlone Cultural Easement at Sequoia Point.
Excluding the Muwekma Ohlone Tribe of the San Francisco Bay Area, as well as other tribal groups, from what’s happening at Sequoia Point, is not equitable. And the easement should not go forward without proper consultation with all affected tribes of the this area. Especially since this is a land grant made in perpetuity,
Introduced by Senator Cortese (Coauthor: Senator Wieckowski) (Coauthors: Assembly Members Kalra, Lee, and Low)
March 07, 2022
Relative to the Muwekma Ohlone Tribe.
LEGISLATIVE COUNSEL’S DIGEST
SJR 13, as amended, Cortese. Muwekma Ohlone Tribe: federal recognition.
This measure would urge the United States Congress and the Department of the Interior and its Bureau of Indian Affairs to reaffirm and restore the Muwekma Ohlone Tribe as a federally recognized Indian tribe and include the Muwekma Ohlone Tribe in the Federal Register as a recognized tribe.
Fiscal Committee: NO
WHEREAS, The United States Federal District Court of the District of Columbia recognized in Muwekma Tribe v. Babbitt (2000) 133 F.Supp.2d 30 that “The Muwekma Ohlone Tribe is a tribe of Ohlone Indians indigenous to the present-day San Francisco Bay Area. In the early part of the Twentieth Century, the Department of the Interior recognized the Muwekma Tribe as an Indian tribe under the jurisdiction of the United States. In more recent times, however, and despite its steadfast efforts, the Muwekma Tribe has been unable to obtain federal recognition, a status vital for the Tribe and its members.”; and
WHEREAS, The United States Federal District Court of the District of Columbia recognized in Muwekma Ohlone Tribe v. Kempthorne (D.D.C. 2006) 452 F.Supp.2d 105 that “The following facts are not in dispute. Muwekma is a group of American Indians indigenous to the San Francisco Bay area, the members of which are direct descendants of the historical Mission San Jose Tribe, also known as the Pleasanton or Verona Band of Alameda County (the “Verona Band”). From 1914 to 1927, the Verona Band was recognized by the federal government as an Indian tribe. Neither the United States Congress nor any executive agency ever formally withdrew federal recognition of the Verona Band.”; and
WHEREAS, The Muwekma Ohlone people, who never left their aboriginal land and were once pronounced extinct by anthropologists, have retained their culture and social identity for the past 230 years; and
WHEREAS, The Muwekma Ohlone people have left a record of approximately 13,000 years of human history; and
WHEREAS, The United States government maintained a “trust” relationship with three Costanoan tribal groups, including the Muwekma Ohlone Tribe, historically identified as the Verona Band, by the Bureau of Indian Affairs from 1906 to 1927; and
WHEREAS, The Muwekma Ohlone Tribe was wrongly removed from the Federal Register in 1927 despite its “trust” relationship and its previous efforts to foster and secure federal recognition as an Indian tribe; and
WHEREAS, The Muwekma Ohlone Tribe enrolled with and was approved by the Bureau of Indian Affairs during the years between 1928 and 1933, inclusive, 1948 and 1957, inclusive, and 1968 and 1971, inclusive, under the 1928 California Jurisdictional Act, attended Indian boarding schools between 1930 and 1950, inclusive, and have since organized according to the Bureau’s directives, but still have no right to be legally considered an Indian tribe without first obtaining reaffirmation and formal acknowledgment by the Secretary of the Interior; and
WHEREAS, There are over 600 individual descendants of the Muwekma Ohlone Tribe in the San Francisco Bay Area who have been identified by the Bureau of Indian Affairs; and
WHEREAS, European migration led to the near decimation of the Muwekma Ohlone Tribe and the lack of formal recognition after 1927 by the Department of the Interior suggests a disregard for the cultural diversity and historical presence that the Muwekma Ohlone Tribe has offered to our state, including service in the United States Armed Services in previous wars and military conflicts spanning from World War I through the present day; and
WHEREAS, Several California counties and elected officials have officially supported the Muwekma Ohlone Tribe in its efforts for recognition through legislation commending their efforts and historical and social accomplishments, supporting requests for historical claim by the Muwekma Ohlone Tribe, and urging the federal government to reaffirm and restore the Muwekma Ohlone Tribe as a federally recognized tribe; and
WHEREAS, It is imperative that the Department of the Interior and the federal government officially recognize the historical and social history of the Muwekma Ohlone Tribe through its efforts to attain federal recognition; now, therefore, be it
Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature does hereby urge the United States Congress and the Department of the Interior and its Bureau of Indian Affairs to reaffirm and restore the Muwekma Ohlone Tribe as a federally recognized tribe and include the Muwekma Ohlone Tribe in the Federal Register as a recognized tribe; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Secretary of the Interior, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the United States Congress.
This text of the Senate Joint Resolution Number 13 was taken directly from the California Legislative Information website. You can find more information about the Senate Joint Resolution for Federal Recognition of the Muwekma Ohlone Tribe–as well as read the current text of the resolution–on the official CA Legislative Information website, at:
