william pink appeal exhibits

Ken Salazar, Secretary 24 July, 2013Department of the Interior1849 C Street, N.W.Washington DC 20240

Assistant SecretaryIndian AffairsMS-4141-MIB1849 C Street, N.W.Washington, D.C. 20240

Amy Dutschke, DirectorPacific Regional OfficeBureau of Indian Affairs2800 Cottage WaySacramento, CA 95825

Robert EbenSouthern California Agency Bureau of Indian Affairs 1451 Research Park Drive, Suite 100 Riverside, CA 92507

Notice of Intent to File an Appeal/Disagreement of the June 12, 2013 Decision in the matter of:

UNITED STATES DEPARTMENT OF THE INTERIOR, OFFICE OF THE ASSISTANT SECRETARY – INDIAN AFFAIRS, TIFFANY L. (HAYES) AGUAYO, et al., Appellants v. ACTING PACIFIC REGIONAL DIRECTOR, BUREAU OF INDIAN AFFAIRS, Appellee: GINA HOWARD, et al., Appellants v. ACTING PACIFIC REGIONAL DIRECTOR, BUREAU OF INDIAN AFFAIRS, Appellee

Dear Sirs/Madam:

My name is William J. Pink and I am member of the Pala Band of Luiseno Mission Indians of the Pala Reservation of California. My Tribal Enrollment number is 373. It is my understanding that the Pala Executive Committee has effected an action which has resulted in the reduction of my Degree of Indian Blood. This action was

taken without proper notification to me and therefore I have been denied due process and the right to appeal the decision of the Pala Executive Committee.

On 16 September, 2012*, I posted notice by certified mail with the Southern California Agency, the Pacific Regional Office, the Office of the Assistant Secretary, Bureau of Indian Affairs and the Office of the Secretary of the Interior my concerns with the action of the Pala Executive Committee.

In response to my correspondence I received a letter from Robert Eben, Superintendent, Bureau of Indian Affairs, Southern California Agency is which he stated:

*** “Be advised, we are unable to respond to your request as the Bureau is precluded from taking any further action while appeals on the Pala disenrollments are pending before the Assistant Secretary.”

As such I was barred and prohibited from participating in those appeals and therefore denied the right of due process. I am an affected party and should have been accorded every right as the appellants in this matter since the primary result of the action of the Pala Executive Committee was to reduce the Degree of Indian Blood of my great grandmother, Margarita Britten.

The impact and effect of this action has and will continue to cause severe and irreparable harm to me as well as any person a descendent of Margarita Britten.

This action has and will affect Indian Trust lands within the possession of Britten descendants, rights of per capita distribution, rights as described in the Cobell Indian Trust Settlement, rights to Indian Health Care, rights to benefits as provided under Federal Grants allocated to Tribes for the benefit of their membership, rights provided any individual Indian by the United States of America and the rights of any future offspring I may have.

I will file my appeal directly with Kevin K. Washburn, Assistant Secretary, Indian Affairs in a timely manner and in no more than 60 days after posting this Notice of Intent to File an Appeal/Disagreement.

At issue is the failure on the part of all agencies, Indian Affairs to take the necessary and appropriate action to force rescission of the decision of the Pala Executive Committee to reduce the Degree of Indian Blood of Margarita Britten. In addition, it is evident that supporting facts currently under submission to the

Assistant Secretary were not properly reviewed and held in such a context so as to prevent the Assistant Secretary from rendering a proper decision. I will offer those supporting facts.

Sincerely,

William J. Pink48310 Pechanga RoadTemecula, CA [email protected]

cc: Attorneys of Record

Attachments:

Letter to Ken Salazar dated, 16 September, 2012

Letter Response from Robert Eben dated, October 10, 2012

*(date corrected from original letter which stated 2013)

mailto:[email protected]


jwharris7

Sticky Note

Accepted set by jwharris7

OMB Control #1076-0153

Expiration Date: 10/31/2014

BUREAU OF INDIAN AFFAIRS

CERTIFICATE OF DEGREE OF INDIAN OR ALASKA NATIVE BLOOD

INSTRUCTIONS

All portions of the Request for Certificate of Degree of Indian or Alaska Native Blood (CDIB) must

be completed. You must show your relationship to an enrolled member(s) of a federally recognized

Indian tribe, whether it is through your birth mother or birth father, or both. A federally recognized

Indian tribe means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community

which appears on the list of recognized tribes published in the Federal Register by the Secretary of

the Interior (25 U.S.C. § 479a-1(a)).

Your degree of Indian blood is computed from lineal ancestors of Indian blood who were

enrolled with a federally recognized Indian tribe or whose names appear on the designated base

rolls of a federally recognized Indian tribe.

You must give the maiden names of all women listed on the Request for CDIB, unless they were

enrolled by their married names.

A Certified Copy of a Birth Certificate is required to establish your relationship to a parent(s)

enrolled with a federally recognized Indian tribe(s).

If your parent is not enrolled with a federally recognized Indian tribe, a Certified Copy of your

parent’s Birth or Death Certificate is required to establish your parent’s relationship to an

enrolled member of a federally recognized Indian tribe(s). If your grandparent(s) were not

enrolled members of a federally recognized Indian tribe(s), a Certified Copy of the Birth or

Death Certificate for each grandparent who was the child of an enrolled member of a federally

recognized Indian tribe is required.

Certified copies of Birth Certificates, Delayed Birth Certificates, and Death Certificates may be

obtained from the State Department of Health or Bureau of Vital Statistics in the State where the

person was born or died.

In cases of adoption, the degree of Indian blood of the natural (birth) parent must be proven.

Please return your request and supporting documents to the Agency from whom you

receive services. Incomplete requests will be returned with a request for further information.

No action will be taken until the request is complete.



Page: 1


REQUEST FOR CERTIFICATE OF DEGREE OF INDIAN OR ALASKA NATIVE BLOOD

Requester’s Name (list all names by which

Requester is or has been known):

Requester’s Address (including zip code):

Date Received by

Bureau of Indian

Affairs:

Requester’s Date of Birth:

Requester’s Place of Birth:

Is Requester Adopted?

Yes No

Are Requester’s Parents Adopted?

Yes No

If Yes, list natural (birth)

parents: (If known)

Tribe(s) with which Requester

is enrolled:

Roll Nos:

Father’s name:

Tribe:

Roll No.:

DOB:

Deceased Yes No

Year____

Paternal Grandfather’s Name:

Tribe:

Roll No:

DOB: Deceased/Year____

Paternal Grandmother’s Name:

Tribe:

Roll No:


Paternal Great Grandfather’s Name:

Tribe:

Roll No:


Paternal Great Grandmother’s Name:

Tribe:

Roll No:


Paternal Great Grandfather’s Name:

Tribe:

Roll No:


Paternal Great Grandmother’s Name:

Tribe:

Roll No:


Mother’s Name:

Tribe:

Roll No.:

DOB:

Deceased Yes No

Year____

Maternal Grandfather’s Name:

Tribe:

Roll No:


Maternal Grandmother’s Name:

Tribe:

Roll No:


Maternal Great Grandfather’s Name:

Tribe:

Roll No:


Maternal Great Grandmother’s Name:

Tribe:

Roll No:


Maternal Great Grandfather’s Name:

Tribe:

Roll No:


Maternal Great Grandmother’s Name:

Tribe:

Roll No:


SUBMIT TO: BIA AGENCY FROM WHOM YOU RECEIVE SERVICES



Page: 2

NOTICES AND CERTIFICATION

NOTICE OF APPEAL RIGHTS.

When you receive your CDIB, you must review it for the correct name spelling, birth dates, and blood degrees. If you believe that

there are any mistakes on the CDIB, you must give a written request for corrections and provide supporting documentation to the

issuing officer within 45 days (60 for Alaska tribes) of the date on the letter. If you fail to meet this deadline, appeal rights will be

lost. If the issuing officer decides that corrections are not needed, he or she will send a written determination with an explanation

through certified mail to you and provide you with a copy of the appeals procedures.

If you are denied a CDIB, you will be given a written determination with an explanation for the denial and a copy of the appeal

procedures.

PAPERWORK REDUCTION ACT STATEMENT

The information collection requirement contained in 25 CFR § 70.11 and this request have been approved by the Office of Management

and Budget under the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), and assigned clearance number 1076-0153. The agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid

OMB control number. Information is collected when individuals seek certification that they possess sufficient Indian blood to receive

Federal program services based upon their status as American Indians or Alaska Natives. The information collected will be used to

assist in determining eligibility of the individual to receive Federal program services. The information is supplied by a respondent to

obtain a Certificate of Degree of Indian or Alaska Native Blood. It is estimated that responding to the request will take an average of 1.5

hours to complete. This includes the amount of time it takes to gather the information and fill out the form. If you wish to make

comments on the burden imposed by the form, please send them to the Information Collection Clearance Officer, Office of the Assistant

Secretary - Indian Affairs, 1849 C Street, NW, Washington, DC 20240. DO NOT SUBMIT YOUR CDIB REQUEST TO THIS

ADDRESS; you should instead submit your CDIB request to the BIA Agency from whom you receive services. Note: comments,

names and addresses of commentators are available for public review during regular business hours. If you wish us to withhold this

information, you must state this prominently at the beginning of your comment. We will honor your request to the extent allowable by

law. In compliance with the Paperwork Reduction Act of 1995, as amended, the collection has been reviewed by the Office of

Management and Budget, and assigned a number and expiration date. The number and expiration date are at the top right corner of the

form.

PRIVACY ACT STATEMENT.

This information is collected pursuant to the Privacy Act, 5 U.S.C. 552a. Pursuant to system of record notice, Tribal Rolls, Interior,

BIA-7 (42 FR 19038), the Bureau of Indian Affairs will not disclose any record containing such information without the written consent

of the respondent unless the requestor uses the information to perform assigned duties. The primary use of this information is to certify

that an individual possesses Indian blood to receive Federal program services. Examples of others who may request the information are

U.S. Department of Justice or in a proceeding before a court or adjudicative body; Federal, state, local, or foreign law enforcement

agency; Members of Congress; Department of Treasury to effect payment; a Federal agency for collecting a debt; and other Federal

agencies to detect and eliminate fraud.

NOTICE OF EFFECTS OF NON-DISCLOSURE.

Disclosure of the information on this CDIB request is voluntary. However, proof of Indian blood is required to receive Federal program

services.

NOTICE OF STATEMENTS AND SUBMISSIONS.

Falsification or misrepresentation of information provided on this request is punishable under Federal Law, 18 U.S.C. 1001. Conviction

may result in a fine and/or imprisonment of not more than 5 years.

I request a CDIB, and certify that I have read the instructions, and above notices about my request for a CDIB. I further certify

that the information which I have provided with this request to the Bureau of Indian Affairs is true and correct.

________________________________________________________ ___________________________

(Requester’s signature) (date)

SUBMIT TO: BIA AGENCY FROM WHOM YOU RECEIVE SERVICES

All BIA Agency Offices are listed in the Tribal Leaders Directory. If you need help with locating the BIA AGENCY FROM WHOM YOU RECEIVE SERVICES, please contact the Office of Indian Services at 202-513-7640.

http://ucm.indianaffairs.gov/idc/groups/xois/documents/text/idc002652.pdf

PUBLIC ACTS OF FIFTY-SEVENTH CONGRESS, SECOND SESSION, 1903, Chapter 994,

That any part of the one hundred thousand dollars for the removal and support of the Mission Indians in California, appropriated by the act of May twenty-seventh, nineteen hundred and two, making appropriations for the Indian Service for the fiscal year nineteen hundred and three, not needed for the purposes specified in that act, may, in the discretion of the Secretary of the Interior, be used for the purchase of other tracts of land in California upon which to locate said Mission Indians and for the removal of such Indians to such purchased tract or tracts of land, and for acquiring, distributing, and developing water for the use of such Indians, and for the purchase of such building materials, agricultural implements, harness, wagons and horses, subsistence supplies, and other necessaries as may be required to properly establish such Indians in their new locations.

Your request for probate records for Juana Regetti Freeman, James Santiago Brittlan and MariaAntonia Brittian are being addressed from the Real Property Management. Questionsconcerning this request should be directed to that Branch at (951) 276-6625 ext. 240.

Any further questions may be directed to the Branch of Tribal Operations at (951) 276-6624 ext.231.

Sincerely,

Robert EbenSuperintendent

Enclosure(s)

UNITED STATES OF AMERICADEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRSSouthern California Agency

1451 Research Park Dr., Suite 100Riverside, CA 92507-2154

Telephone (951) 276-6624 Telefax (951) 276-6641

IN REPLY REFER TO:

Tribal Operations3715-P5 Pala

JUL13 ZOIt

Mr. Robert H, Smith, ChairmanPALA BAND OF MISSION INDIANS35008 Pala Temecula Road JUL 14 REC'DPMB-50Pala, CA 92059

Dear Chairman Smith:

This will acknowledge your letter dated June 23, 2011 requesting information for enrollmentapplications for the following individuals on 1928. Agency receipt of this letter was June 27,2011.

The individuals for this request were named as follows:

1. Vivian Trujillo Banks2. Esperanza Brittian Trujillo3. Fildeo & Defredia Trujillo Magee

Enclosed are copies of the 1928 applications from the 1928 California Roll of Indians. Noinformation was in 1928 for Fildeo Magee.

Please be advised these applications do not denote tribal membership or enrollment. In 1928Congress enacted legislation (45 Stat. 602) which permitted a class of Indians known as the"Indians of California" to bring suit against the United States for "lands taken from them...bythe United States to compensate them for their interest in land. . .which the United Statesappropriated to its own purpose without the consent of said Indians".

As you are aware tribal enrollment is-based on the eligibility requirements of the specific group.

TAKE PRIDE 1

Southern California Agency 4/20/2012Bureau of Indian AffairsRobert J. Eben, Superintendent1451 Research Park Drive, Suite 100Riverside, CA 92507Phone No: (909) 276-6624Fax No: (909) 276-6642

Attn: Robert Eben, Superintendent

Dear Mr. Eben,

You and I have communicated on several occasions regarding the distribution of the Pala Trust Funds referred to as the Vulcan Moneys. In the beginning the Tribe did pass a resolution authorizing the distribution of the balance of these funds to the adult members of the Pala Tribe. This request for distribution of funds was rejected by you and your office because the minor children of Pala are entitled to their share of those funds as well.

You then later authorized the release of those funds based solely on a verbal communication and promise from Robert Smith, Chairperson, Pala Band of Mission Indians that he would distribute the moneys not only to the minor children of the Tribe but to the eight disenrollees as well.

I must remind you that the Tribe has long ago adopted a distribution plan for the Vulcan moneys and that plan was never modified. In that plan, before any funds could be distributed the Bureau of Indian Affairs was and is legally obligated to have the Pala Tribe update its Tribal enrollment before any moneys could be distributed. Also, and most importantly, that enrollment update has to be approved by the Bureau of Indian Affairs/Secretary of the Interior.

This matter has clearly passed into a criminal matter and needs to be treated as such and I see it as your duty to seek full prosecution of the individuals involved.

1. The distribution of the Vulcan money occurred without full authorization from the Tribe.

2. The eventual distribution of the Vulcan money violated the distribution plan approved by the Secretary of the Interior.

3. The distribution of the Vulcan money occurred prior to the Secretary of the Interior approving an enrollment update of the Pala Tribe.

4. It now appears that none of the minor children received their obligated share of the Vulcan money.

5. The Vulcan money was finally distributed to the eight disenrollees but not without illegal deductions being made and authorized by Robert Smith. There are no provisions within our distribution plan for the withholding of all or any portion of the Vulcan money from an entitled member. This can only be construed as conversion and grand theft on the part of the Tribe and more specifically Robert Smith.

I cannot express how serious this matter is as it does involve millions of dollars, millions of dollars that were obtained and illegally distributed with and by your permission.

I personally feel that you must act quickly and decisively to avoid your becoming accomplice too and culpable for the actions of Robert Smith. I feel that you need to approach the U.S. Attorney without hesitation and report this crime because it is a crime of your witness. As a Federal Agent and representative of the Secretary of the Interior you have a duty to act to protect the individual rights of the minor children of Pala and to any other Tribal member whose Vulcan money have been illegally withheld.

I do demand and expect your immediate action in this matter. You have allowed this situation to get well out of your control and it has already caused severe and irreparable harm to the Pala Tribe and its members.

I will be contacting any and all appropriate agencies so as to report my concerns and seek action especially if you choose to take none. I believe you to be a conscientious, forthright and honest man. Do not allow the corruption of others to cloud your decisions and keep you from your duty. Report this crime and seek full prosecution. This is not a political matter. It is a crime. You need to understand that.

Thank you for your time.

William J. Pink, Pala Tribal Member48310 Pechanga RoadTemecula, CA [email protected]



[Type text] 1994 PREAMBLE

1994 PURPOSE

1997 PREAMBLE

1997 PURPOSE

NOTE: IN THE PURPOSE SECTION ABOVE, AN ENTIRE LINE WAS OMITTED

[Type text] 1994 TERRITORY

1997 TERRITORY

[Type text] 1994 MEMBERSHIP

NOTE: IN THE SECTION ABOVE, SMITH ATTEMPTS TO CHANGE MEMBERSHIP FROM PALA BAND TO

“KUPA-PALA BAND”

1997 MEMBERSHIP

[Type text] 1994 MEMBERSHIP ROLL

1994 MEMBERSHIP IN OTHER TRIBES

1994 LOSS OF MEMBERSHIP

1997 MEMBERSSIP ROLL

1997 MEMBERSHIP IN OTHER TRIBES..

1997 LOSS OF MEMBERSHIP

[Type text] 1994 MEMBERSHIP ORDINANCES

1994 GENERAL COUNCIL-GOVERNING BODY

1997 MEMBERSHIP ORDINANCES

1997 GENERAL COUNCIL-GOVERNING BODY

[Type text] 1994 GENERAL COUNCIL-POWERS OF THE GENERAL COUNCIL 1997 GENERAL COUNCIL-POWERS OF THE GENERAL COUNCIL

[Type text] 1994 SECTION 3. MEETINGS

1997 SECTION 3. MEETINGS

[Type text] 1994 SECTION 4. VOTING

1994 SECTION 5 MOTIONS

1994 SECTION 6 ATTENDANCE

1997 SECTION 4. VOTING

1997 SECTION 5 MOTIONS

1997 SECTION 6 ATTENDANCE

[Type text] 1994 SECTION 7 CONDUCT OF MEETINGS

1994 ARTICLE IV-ELECTIONS

1997 SECTION 7 CONDUCT OF MEETINGS

1997 ARTICLE IV-ELECTIONS

[Type text] 1994 ARTICLE V-EXECUTIVE COMMITTEE

NOTE: A LARGE PORTION OF SECTION B. QUALIFICATIONS WAS OMITTED FROM 1997 VERSION

1994 ARTICLE V-EXECUTIVE COMMITTEE

[Type text] 1994 ARTICLE V-EXECUTIVE COMMITTEE, CONTINUED

1997 ARTICLE V-EXECUTIVE COMMITTEE, CONTINUED

[Type text] 1994 ARTICLE V-EXECUTIVE COMMITTEE, CONTINUED 1997 ARTICLE V-EXECUTIVE COMMITTEE, CONTINUED


1994 ARTICLE VI-MISCELLANEOUS PROVISIONS


1994 ARTICLE VI-MISCELLANEOUS PROVISIONS

[Type text]

[SAVINGS CLAUSE DOES NOT APPEAR IN 1994 VERSION]

[SEVERABILITY DOES NOT APPEAR IN 1994 VERSION]

1997 ARTICLE VI-SAVINGS CLAUSE

1997 ARTICLE VI-SEVERABILITY

[Type text] 1994 ARTICLE VII- AMENDMENTS AND EFFECTIVE DATE

1997 ARTICLE VII- AMENDMENTS AND EFFECTIVE DATE

UNITED STATES DEPARTMENT OF INTERIOR


PACIFIC REGIONAL OFFICE

2800 COTTAGE WAY

SACRAMENTO, CA 95825

CHERYL L. MAJEL, ANTHONY ) APPEAL OF JUNE 1, 2011

FREEMAN, GINA L. HOWARD, ) DECISION OF EXECUTIVE

JACQUELINE WITHERS, KEITH ) COMMITTEE TO DISEN-

DENVER, LUANNE MORO, ) ROLL - REQUEST FOR

MIA BOISCLAIR and MILTON ) RECUSAL OF REGIONAL

DENVER, ) DIRECTOR

)

Appellants, )

)

-vs- )

)

EXECUTIVE COMMITTEE, )

Pala Band of Mission Indians, ) August 8, 2011

)

Appellees. )

)

Appellants above-named, respectfully request the recusal of Amy

Dutschke, Pacific Regional Director, from any decision rendered in this matter.

This request is made pursuant to Executive Order 12674 of April 12, 1989 (as

modified by E.O. 12731) titled "Principles of Ethical Conduct for Government

Officers and Employees": which states at Part I, Sec. 101, inter alia:

"(h) Employees shall act impartially and not give preferential treatment

to any private organization or individual.”

"(n) Employees shall endeavor to avoid any actions creating the

appearance that they are violating the law or the ethical standards promulgated

If required, supporting personal testimony of this nature can be obtained.1

pursuant to this order.”

The specific grounds for this request for the recusal of the Regional

Director is that Robert Smith has been heard by many persons at the Pala Band

of Mission Indians and other places to state that he has been, for many years,

a personal friend and a professional acquaintance of Amy Dutschke. 1

Due to the extraordinarily injurious impact, damaging nature and

character on the lives of Appellants caused by this disenrollment dispute

currently before the Bureau of Indian Affairs for action, Appellants would like

to remove any potential that the decision would unjustly favor Robert Smith and

the other members of the Executive Committee.

For this reason, Appellants request the delegation of authority to Dale

Risling, Jr., Deputy Regional Director, Indian Services, Pacific Region, to make

the decision in this matter.

DATED: August 8, 2011 Respectfully submitted,

_________________________

Dennis G. Chappabitty

Attorney for Appellants

P.O. Box 2050

Elk Grove, CA 95759

(916) 682-0575 (voice/fax)

[email protected]


PROOF OF SERVICE

I declare that:

On August 8, 2011, I served a copy of the Appeal of June 1, 2011 Decision of

Executive Committee to Disenroll - Request for Recusal on the parties named below in

the manner specified:

Amy Dutschke (First Class U.S. Mail/Fax)

Regional Director

Pacific Regional Office

Bureau of Indian Affairs

2800 Cottage Way

Sacramento, CA 95825

Larry Echo Hawk (First Class U.S. Mail)

Assistant Secretary - Indian Affairs


1849 C Street, NW

Washington, D.C. 20240

Robert Eben (First Class U.S. Mail)

Superintendent

Southern California Agency


1451 Research Park Drive

Riverside, California 92507

Kilma Lattin, Secretary (First Class U.S. Mail)

Pala Band of Mission Indians

PMB 50, 35008 Pala Temecula Road

Pala, CA 92059

Linda C. Amelia

william pink appeal exhibits

Documents

individual indian

degree of indian blood

rights of

indian trust lands

indian health care

pala executive committee

cobell indian trust

pala reservation of