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20 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2009
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072109
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20 ATTACHMENTS
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7/14/2009 12:03:38 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
20 ATTACHMENTS
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City of Pleasanton, Draft General Plan Page 8 <br /> October 9, 2008 <br /> On May 24, 1996, the Bureau of Indian Affairs pursuant to the regulatory process then issued a <br /> letter to the Muwekma Ohlone tribe concluding that the Tribe was indeed a Federally <br /> Recognized Tribe. <br /> I proudly support the long struggle of the Muwekma Ohlone Tribe as they continue to seek <br /> justice and to finally, and without further delay, achieve their goal of their reaffirmation of their <br /> tribal status by the federal government. This process has dragged on long enough. I hope that <br /> the Bureau of Indian Affairs and the Department of Interior will do the right thing and act <br /> positively to grant the Muwekma Ohlone tribe their rights as a Federally Recognized Indian <br /> Tribe. <br /> The Muwekma Ohlone Tribe has waited long enough; let them get on with their lives as they <br /> seek to improve the lives of the members of this proud tribe. To do anything else is to deny this <br /> tribe Justice. They have waited patiently and should not have to wait any longer. <br /> More recently, on September 21, 2006, another victory was handed to the Muwekma Tribe by Judge <br /> Reginald B. Walton from the U.S. District Court, Washington, D.C. stating: <br /> The following facts are not in dispute. Muwekma is a group of American Indians indigenous to <br /> the San Francisco Bay area, the members of which are direct descendants of the historical <br /> Mission San Jose Tribe, also known as the Pleasanton or Verona Band of Alameda County "the <br /> Verona Band From 1914 to 1927, the Verona Band was recognized by the federal <br /> government as an Indian tribe. Neither Congress nor any executive agency ever formally <br /> withdrew federal recognition of the Verona Band.... <br /> Upon remand, the Department must provide a detailed explanation of the reasons for its refusal <br /> to waive the Part 83 procedures when evaluating Muwekma's request for federal tribal <br /> recognition, particularly in light of its willingness to "clarifly] the status of [Ione]... [and] <br /> reaffirm[] the status of [Lower Lake] without requiring [them] to submit petition[s] under <br /> Part 83." Such an explanation may not rely on the fact that a "lengthy and thorough" evaluation <br /> of Muwekma's petition. At issue for the purpose of this remand is not whether the Department <br /> correctly evaluated Muwekma's completed petition under the Part 83 criteria, but whether it had <br /> a sufficient basis to requite Muwekma to proceed under the heightened evidentiary burden of the <br /> Part 83 procedures in the first place, given Muwekma's alleged similarity to Ione and Lower <br /> Lake. <br /> As of April 30, 2007, it appears that the BIA failed to respond to Judge Walton's court order. On September <br /> 30, 2008 the US District Court in Washington, D.C. handed the Muwekma Tribe another victory. Judge <br /> Reginald B. Walton opined: <br /> These arguments, and the explanation from the Department giving rise to them, seemin <br /> cannot be reconciled with the Court's September 21, 2006, memorandum opinion. <br /> The Court rejected both of these arguments. It dismissed the defendants' d waving <br /> reference to `highly fact specific determinations, which, in the Court's estim ton, "[did] not <br /> free the defendants" of their obligation to justify the decision to treat the p aintiff differently <br /> from Ione and Lower Lake based on the administrative record for the plaintiff's petition.... <br />
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