Gary Hayward Slaughter Mulcahy, Government Liaison: 916-214-8493
Bureau of Indian Affairs and Winnemem Wintu Tribal Chief Caleen Sisk to discuss issues regarding tribal recognition to protect sacred sites and ceremonies.
On Friday, July 6th, Dr. Virgil Akins, Superintendent, BIA of Northern California agreed to meet with Winnemem Wintu Tribal Chief and Spiritual Leader, Caleen Sisk to discuss the issues surrounding a ‘technical correction’ to restore the tribe’s status as a federally recognized tribe.
The tribe lost their recognition due to a bureaucratic error in the mid-80s, and the California State Assembly, through AJR -39, and the California Native American Heritage Commission have long urged the federal government to restore that recognition.
The meeting, scheduled for Wednesday July 11th, will end the twenty-four day fast of Chief Sisk and her nephew Arron Sisk, who have sought the BIA’s intervention into the U.S. Forest Service’s inability to protect the Tribe’s recent Coming of Age Ceremony on the McCloud River arm of Shasta Lake.
At previous Coming of Age ceremonies for the tribe’s young women, the Forest Service has only enforced voluntary closures, which many recreational boaters have ignored – leading to well documented racial slurs, harassment, and abusive language (http://vimeo.com/39867112)
For six years, the Tribe has asked the Forest service for a mandatory closure of the area because of the harassment, but Forest Service officials say no law allows them to do it. The Tribe cites the American Indian Religious Freedom Act, the 2008 Farm Bill sec. 8104, and the United Nations Declaration on the Rights of Indigenous Peoples signed by President Obama as more than enough authority, but Regional Forester Randy Moore stated that the tribe is not a ‘federally recognized’ tribe and therefore the provisions in those authorities do not apply.
After a great deal of public pressure, a mandatory closure of the river was issued this year for ‘safety’ reasons, but the Forest Service said they had no authority to close off the land area to anyone that wished to enter because the tribe was not federally recognized. During past ceremonies the tribe not only suffered harassment from boaters, but also disruptions of the ceremony by fishermen walking through the ceremonial grounds, and curiosity seekers coming into camp.
Because of the Forest Service’s lack of authority to issue a full mandatory closure of the area, Spiritual and Tribal Leader Sisk has been fasting and praying since Monday, June 18th, that the Forest Service, BIA, or whoever has the authority to grant the tribes request for full closure of their ceremonial sites during times of ceremony, come forward and do so.
“That campground was my grandfather’s land that they took and never compensated us. They can’t even show the papers that show how they got it,” Sisk said. “And now all we’re asking for in return is four days of peace and dignity for ceremony.”
Chief Sisk at our War Dance for a Peaceful Coming of Age this May
Winnemem Wintu Chief and Spiritual Leader Caleen Sisk sent a letter to BIA Regional Director Amy Dutschke, urging her to intervene and close the ceremonial land to outsiders from outsiders during our Coming of Age ceremony June 30-July 3.
“By keeping the Winnemem Wintu, a tribe with a long history of government-to-government relations with the U.S., in your “unrecognized” status, you are by proxy authorizing human rights violations against our tribe and the disruption of our ceremony.”
Full letter is pasted below. The chief has fasted for 11 days and will continue to do so until Ms. Dutschke or the appropriate official meets with her.
Help us reach the BIA! Contact Amy Dutschke at Pacific Regional Office Bureau of Indian Affairs 2800 Cottage Way Sacramento, CA 95825
Phone: (916) 978-6000, (916) 978-6099
Amy Dutschke, Regional Director of the BIA in Sacramento
Be sure to cite AJR 39 - the California state resolution that urges the federal government to recognize the Winnemem!
Beedi Yalumina! Never give up!
Amy Dutschke Regional Director
Pacific Regional Office
Bureau of Indian Affairs
2800 Cottage Way
Sacramento, CA 95825 June 27, 2012
Dear Ms. Dutschke,
I am Caleen Sisk, Spiritual Leader and Chief of the Winnemem Wintu Tribe from Northern California.
Although we have met with Bureau representatives on several occasions in Washington, D.C., and both our state Senators in the past have sent inquiries to the Bureau regarding our tribal status, it was recommended that we send a formal request for meeting with you because of the urgency of our current situation.
I am writing to request a meeting with you to discuss our status as an “unrecognized” tribe. I have been fasting for 9 days and will continue to do so until a meeting can be arranged.
We are a deeply traditional people who still practice our indigenous religion at numerous sacred sites along the McCloud River watershed.
For six years, we have struggled with the U.S. Forest Service to hold a peaceful Coming of Age ceremony at our Puberty Rock sacred site on the McCloud. in the Shasta-Trinity National Forest, and a large portion of the site is now a Forest Service campground. Because we are federally unrecognized, the Forest Service states that they can’t close the ceremonial site and river for us to protect the privacy of the ceremonies.
During previous ceremonies, we have endured heckling, racial harassment and even had a woman flash her naked breasts at us, while curiosity seekers and fishermen have disrupted the ceremony by walking through the grounds or near the young women’s traditional bark huts.
Now, after a long campaign, the Forest Service has finally issued a river closure for health and safety reasons, but they will not issue a mandatory closure of the ceremonial land because of our status with the BIA. The Forest Service has informed us that the only way they would have the legal authority to close the campground and area to the general public is if we were on the list of federally recognized tribes.
We believe it’s time that the BIA step in and do what’s necessary to protect our upcoming ceremony this June 30-July 3, and all future ceremonies, from human rights violations. By keeping the Winnemem Wintu, a tribe with a long history of government-to-government relations with the U.S., in your “unrecognized” status, you are by proxy authorizing human rights violations against our tribe and the disruption of our ceremony.
I would like to request a meeting with you as soon as possible, hopefully before our ceremony begins Saturday, June 30, to discuss this matter and start the process to getting a technical correction to restore our recognized status so we can have a ceremony in peace and dignity. Because this is of the utmost importance to the survival of our culture and our religious rights, I will be fasting until this meeting takes place.
The Winnemem Wintu have been recognized on numerous occasions by the federal government: the 1851 unratified Cottonwood Treaty of which our former chief Norel Putus is a signer; the establishment of the temporary reservation at the Baird Fish Hatchery on our river; the 1941 Central Valley Project Indian Lands Acquisition Act, which authorized our removal and the removal of our burials from the McCloud River to clear the way for Shasta Lake; our chief’s 25-year-old eagle feather permit, which was recently revoked, and in so many other ways.
The Tejon Indian Tribe was recently discovered to have been omitted by accident by your agency. We believe the Winnemem Wintu have suffered the same fate, and we are eager to meet with you to help remedy this great injustice.
Spiritual and Tribal Leader
Winnemem Wintu Tribe
14840 Bear Mountain Road
Redding, CA. 96003
Marisa with her mom Jesse at our War Dance ceremony this past May.
Jessie Sisk is the mom of 16-year-old Marisa, who is training to be our next chief and who will have her Coming of Age ceremony later this month.
Listen to Jessie’s appeal to the Forest Service to protect her daughter from public interference and harassment during her sacred ceremony by closing 400 yards of the McCloud Arm of Shasta Lake.
“I should be thinking about getting everything ready, like her ceremonial skirt and attire, thinking good thoughts and not worrying about what might happen. . . I’m a little emotional because that’s my baby. It just makes me worry . . . that we can’t get the river closed for just four days.”
Let the Forest Service know that Marisa deserve peace and dignity for her Coming of Age ceremony.
Contact U.S. Forest Service Chief Tom Tidwell:
Tom Tidwell, Forest Service Chief
Or sign up here to help close the river with other good-hearted volunteers!
Claire Cummings with our late Spiritual Leader Florence Jones
Note: This email was written by Claire Cummings, a former Forest Service attorney, to Regional Forester Randy Moore. She says Moore has the authority and legal ability to close 400 yards of the McCloud River for our Coming of Age ceremony this month. Previous ceremonies have been disrupted by recreational boaters who heckle and flash us.
Dear Mr. Moore
I wish to strongly suggest that not only is it within your power to briefly close the McCloud River for a few days for the Winnemem Wintu’s native ceremony, as respectfully requested, but it is also a morally and legally justifiable action.
In the early 1980′s I was an Office of General Counsel staff attorney in the U.S. Forest Service Region 5. In that capacity I advised the Shasta-Trinity National Forest and other forests on many policy questions. After four years at OGC, I began practicing environmental law and I had the opportunity of representing the traditional leader of the tribe, Florence Jones. I then worked with the forest to protect their ceremonial places and practices.
When the question of the ski resort on Panther Meadows came up, the forest was in clear violation of the National Historic Preservation Act. I was representing Florence Jones and in a meeting with the then Forest Supervisor, I said: “Look, you used to pay me for my advice, and it is just as valid now: you need to come into compliance with Section 106.” Eventually, the forest did the right thing and complied.
However, over all, the U.S. Forest Service does not do the right thing when it comes to respecting cultural diversity and cultural preservation. You can find the legal justification needed for a temporary closure, even if just on the basis of public safety, given the disreputable behavior of the public toward this ceremony in the past. So it is not a matter of if you can but if you will. Better yet, consider doing the right thing for the right reasons.
Is it a matter of not wanting to look like you are “giving in” to some interest group? In this case, using the lack of tribal status as an excuse. And yet, the federal government withdrew that status from this particular group of Wintu, as part of driving them off the river, thus depriving them of their legal rights.
Nevertheless, the rights of special interests abound in your forests, from Bible camps, to permits for summer homes, to recreational use from snowmobiles to cattle pasture. All these are allowed. But not the very uses to which these lands were put long before they became the property of the U.S. government.
These cultural practices are part of the rich tradition of this country and to discriminate against them, particularly when other religious and private, for profit, uses are permitted, is to be arbitrary, or even to continue the genocidal practices of the past.
This is not hyperbole. It is the real history of native people in this country.
Still, your obligation is framed by the law and the law is well tuned toward protecting private property and private interests. I understand that, but the law provides for the use of your discretion too.
In this case, your anthropologists (not archeologists) but someone trained in ethnography, can validate the ancient roots of this coming of age ceremony, the use of the particular place as essential and the timing as integral to the cultural practice.
Plus, we are talking about a small section of river – not its entire run, just several hundred yards before it ends, boats have to turn around anyway. And for a short period of time. The only inconvenience would be toward boaters who want to come a few hundred feet more where the river enters private property, another story of the theft of native land, the Bollibokka Club, a private fishing enclave that was given to the railroad barons and their heirs.
Claire with our current Spiritual Leader and Chief Caleen Sisk
So, what is at stake is a few hundred feet of recreational use of the river, for a few days, versus the continuation of an ancient ceremony that has taken place on that part of the river for thousands of years.
I just want to make a heartfelt request that you err on the side of respect for native culture.
If you want me to find you the legal basis for the closure, I will do so, but really, you are paying OGC attorneys to do that already.