Post by Okwes on Jun 6, 2007 8:42:30 GMT -5
Possible water contamination sullies ongoing Indian dispute
By Liz MacLeod
The decade-long rift between two groups claiming to be the Ione Band of Miwok Indians is showing no sign of dissipating.
The "historic" tribe is headed by Nicolas Villa, Jr., who claims to be the hereditary chief of the band. He and his group have long contested the legitimacy of the "modern" tribe, led by elected Chairman Matthew Franklin. But according to Franklin, it is Villa who is an impostor. "There is no 'historic' and no 'modern' tribe, there is only the Ione Band of Miwok Indians," he said. "I don't appreciate Mr. Villa representing the tribe when he's not an elected official."
Now, possible water contamination on the "historic" band's 40-acre land base in Ione is at the center of the continuing saga between the two groups. According to Villa, California Area Indian Health Service recently informed the "historic" band that elevated levels of E. coli were detected at the site.
"Indian Health is attempting to replace the 30-year-old water storage tank and place a water treatment plant on our system on our ancient tribal land base," Villa wrote in a Jan. 23 letter to Gov. Arnold Schwarzenegger.
But, according to Lance Salisbury, an environmental scientist with Amador County Environmental Health, no E. coli has been detected on the Ione parcel. Environmental Health receives a copy of tests conducted on the land every month.
"It is a public water system, so it is regulated by the county," Salisbury said.
He said fecal coliform has been detected at the site in the past, but the last problem with it was August of last year.
"As far as my memory serves, I don't believe they ever had E. coli in their water," Salisbury said.
He said Indian Health drilled the existing well a few years back, and plans to replace the storage tank have been in the works for some time.
According to Salisbury, the storage tank is the source of the fecal coliform.
"It's old and falling apart," he said. "IHS is coming up with a contract with the residents to remove the tank and replace it with a new one.
"There's a lot of history involved in this water system," Salisbury added, "but everything has been fine the last four or five months."
California Indian Health did not return several calls as of press time.
Villa countered that E. coli is a present threat to people living on the Ione land.
"Although our members have been drinking bottled water, the fact remains our water system is a health threat to our members, their families, their animals and the tribal land base," he wrote in the Jan. 23 letter.
When asked if residents on the Ione property are currently drinking bottled water, Salisbury said they were drinking it for a while last year due to a couple of months of fecal coliform contamination.
In order to make the necessary repairs to the water system, Villa said Indian Health is requiring that Franklin, the leader currently recognized by the federal government, sign a Memorandum of Agreement. Villa claims that Franklin will not sign the MOA, leaving members of the "historic" band to wait for Indian Health to get the go-ahead to make repairs.
Franklin said he has no reason not to work with Indian Health. According to him, the "modern" band has members residing on the Ione land, which he says is not owned by the tribe, but rather individuals.
"(Indian Health) works through us," Franklin said, "to serve our members on the 40 acres."
But Villa points to the "modern" band's claim that it is a restored tribe and that property in Plymouth is restored land as one of the reasons Franklin won't sign the MOA. Franklin and the "modern" band currently have an application filed with the BIA to acquire land in Plymouth for the tribe so that it may pursue a proposed casino project. Franklin claims that the "modern" tribe is currently landless, a situation contradicted by the "historic" tribe's claim that the Ione property is tribal land.
"Should Mr. Franklin take the Indian Health funding to repair our water system, he would then be acting against his own interests by admitting that the tribe has land," Villa wrote.
Franklin said he and other members of the "modern" Ione Band are working on a comprehensive plan to deal with the water issue on that land, an effort which is being led by Vice Chairman Johnny Jamerson.
The "historic" tribe contends that Franklin and others are part of an ongoing scheme in which they were assisted by corrupt Bureau of Indian Affairs officials, who illegally placed themselves and others on the tribe's membership rolls. The Villa-led group has taken its efforts to remove Franklin and other members of the "modern" band to Washington, D.C.
Indeed, the accused BIA officials would have much to gain by tapping Indian casino profits. According to a report issued this month by the California Legislative Analyst's Office, in 2006 California tribal casinos made approximately $7 billion in annual revenues - about as much as all other legalized gambling sectors in the state combined. California's casino industry is second only to that of Nevada.
According to the "historic" band's Washington representative, Michael Copperthite, wrongdoings by BIA officials have been admitted in some cases, and the team in Washington believes that the "historic" tribe will have full access to its entitled rights and services in the next 120 days.
But, according to Franklin, there is no "historic" tribe to which the federal government could grant rights and services.
"Mr. Villa tries to get people who don't know the history on his side," Franklin said, adding that the "modern" band's legitimacy is backed up by Interior Board of Indian Appeals decisions, federal courts and congressional inquiries. "I was in Washington Monday meeting with the senate and Department of the Interior. They said Mr. Villa is not allowed in the office."
Franklin said he does not believe the recent letters from the "historic" band will affect his tribe's land acquisition application in any way.
By Liz MacLeod
The decade-long rift between two groups claiming to be the Ione Band of Miwok Indians is showing no sign of dissipating.
The "historic" tribe is headed by Nicolas Villa, Jr., who claims to be the hereditary chief of the band. He and his group have long contested the legitimacy of the "modern" tribe, led by elected Chairman Matthew Franklin. But according to Franklin, it is Villa who is an impostor. "There is no 'historic' and no 'modern' tribe, there is only the Ione Band of Miwok Indians," he said. "I don't appreciate Mr. Villa representing the tribe when he's not an elected official."
Now, possible water contamination on the "historic" band's 40-acre land base in Ione is at the center of the continuing saga between the two groups. According to Villa, California Area Indian Health Service recently informed the "historic" band that elevated levels of E. coli were detected at the site.
"Indian Health is attempting to replace the 30-year-old water storage tank and place a water treatment plant on our system on our ancient tribal land base," Villa wrote in a Jan. 23 letter to Gov. Arnold Schwarzenegger.
But, according to Lance Salisbury, an environmental scientist with Amador County Environmental Health, no E. coli has been detected on the Ione parcel. Environmental Health receives a copy of tests conducted on the land every month.
"It is a public water system, so it is regulated by the county," Salisbury said.
He said fecal coliform has been detected at the site in the past, but the last problem with it was August of last year.
"As far as my memory serves, I don't believe they ever had E. coli in their water," Salisbury said.
He said Indian Health drilled the existing well a few years back, and plans to replace the storage tank have been in the works for some time.
According to Salisbury, the storage tank is the source of the fecal coliform.
"It's old and falling apart," he said. "IHS is coming up with a contract with the residents to remove the tank and replace it with a new one.
"There's a lot of history involved in this water system," Salisbury added, "but everything has been fine the last four or five months."
California Indian Health did not return several calls as of press time.
Villa countered that E. coli is a present threat to people living on the Ione land.
"Although our members have been drinking bottled water, the fact remains our water system is a health threat to our members, their families, their animals and the tribal land base," he wrote in the Jan. 23 letter.
When asked if residents on the Ione property are currently drinking bottled water, Salisbury said they were drinking it for a while last year due to a couple of months of fecal coliform contamination.
In order to make the necessary repairs to the water system, Villa said Indian Health is requiring that Franklin, the leader currently recognized by the federal government, sign a Memorandum of Agreement. Villa claims that Franklin will not sign the MOA, leaving members of the "historic" band to wait for Indian Health to get the go-ahead to make repairs.
Franklin said he has no reason not to work with Indian Health. According to him, the "modern" band has members residing on the Ione land, which he says is not owned by the tribe, but rather individuals.
"(Indian Health) works through us," Franklin said, "to serve our members on the 40 acres."
But Villa points to the "modern" band's claim that it is a restored tribe and that property in Plymouth is restored land as one of the reasons Franklin won't sign the MOA. Franklin and the "modern" band currently have an application filed with the BIA to acquire land in Plymouth for the tribe so that it may pursue a proposed casino project. Franklin claims that the "modern" tribe is currently landless, a situation contradicted by the "historic" tribe's claim that the Ione property is tribal land.
"Should Mr. Franklin take the Indian Health funding to repair our water system, he would then be acting against his own interests by admitting that the tribe has land," Villa wrote.
Franklin said he and other members of the "modern" Ione Band are working on a comprehensive plan to deal with the water issue on that land, an effort which is being led by Vice Chairman Johnny Jamerson.
The "historic" tribe contends that Franklin and others are part of an ongoing scheme in which they were assisted by corrupt Bureau of Indian Affairs officials, who illegally placed themselves and others on the tribe's membership rolls. The Villa-led group has taken its efforts to remove Franklin and other members of the "modern" band to Washington, D.C.
Indeed, the accused BIA officials would have much to gain by tapping Indian casino profits. According to a report issued this month by the California Legislative Analyst's Office, in 2006 California tribal casinos made approximately $7 billion in annual revenues - about as much as all other legalized gambling sectors in the state combined. California's casino industry is second only to that of Nevada.
According to the "historic" band's Washington representative, Michael Copperthite, wrongdoings by BIA officials have been admitted in some cases, and the team in Washington believes that the "historic" tribe will have full access to its entitled rights and services in the next 120 days.
But, according to Franklin, there is no "historic" tribe to which the federal government could grant rights and services.
"Mr. Villa tries to get people who don't know the history on his side," Franklin said, adding that the "modern" band's legitimacy is backed up by Interior Board of Indian Appeals decisions, federal courts and congressional inquiries. "I was in Washington Monday meeting with the senate and Department of the Interior. They said Mr. Villa is not allowed in the office."
Franklin said he does not believe the recent letters from the "historic" band will affect his tribe's land acquisition application in any way.