We sent out numerous letters to City of Oakland Officials, today. [Here’s the contact list we used.] This is what the letter said:
Alameda Native History Project 2201 Shoreline Drive #6334 Alameda, California 94501 (510) 747-8423 info@alamedanativehistoryproject.com
October 31, 2022
Oakland City Council Oakland City Hall 1 Frank H. Ogawa Plaza Oakland, CA 94612
-VIA EMAIL-
Re: Proposed Cultural Conservation Easement at Joaquin Miller Park (Agenda Item #1022-0849)
Dear City Council Members, and Staff,
I am writing to ask you to include all Ohlone people in the planning and consultation for the proposed cultural easement at Sequoia Point, in Joaquin Miller Park. Currently, there are only plans recognizing one Ohlone tribal group, the Confederated Villages of the Lisjan Nation, INC.
However, if Sequoia Point is to be treated as a Tribal Cultural Resource, then Tribal Consultation should take place with all of the Ohlone tribal groups. I know that you are familiar with Tribal Notification Requirements; so it’s especially dismaying that Tribal Consultation was not solicited from any or all of the groups in the Native American Heritage Commission’s Tribal Consultation Lists.
These groups include, but are not limited to:
Amah Mutsun Tribal Band of Mission San Juan Bautista
Confederated Villages of the Lisjan
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
Granting exclusive rights to use, and access, a Tribal Cultural Resource, as an easement in perpetuity, without consulting with other real parties in interest ( i.e., these other tribal groups) is a serious mistake that does not have to be made.
Please reach out to other affected tribes before granting exclusive rights to their land.
Sincerely,
Gabriel Duncan
Alameda Native History Project 2201 Shoreline Drive #6334 Alameda, California 94501 (510) 747-8423 info@alamedanativehistoryproject.com
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,
