Resighini Rancheria

Last updated
Location of Resighini Rancheria 3145R Resighini Rancheria Locator Map.svg
Location of Resighini Rancheria

The Resighini Rancheria, [1] located just south of Klamath, California, is a federally recognized tribe of Yurok people.

Contents

On January 7, 1938, Augusta (Gus) Resighini conveyed a tract of 228 acres of land on Waukell Flat to the Government of the United States as part of an effort stated in 1937 by the Bureau of Indian Affairs’ Hoopa Agency called the contractual land acquisition project. [2] The BIA acquired the land for a yet to be determined group of homeless and landless Indians that came to be knowns as the Resighini Rancheria when the Secretary of the Interior ordered the land “in Trust for such Indians of Del Norte and Humboldt Counties, in California, eligible to participate in the benefits of the (Indian Reorganization) Act of June 18, 1934 (48 Stat. 984) (25 U.S.C. ss 461 et seq. (1970)), as shall be designated by the Secretary of the Interior.” [3]

In 1975, members formed a tribal government that was approved by the Secretary of Interior.[ better source needed ]

Name Changes

The Resighini Rancheria was originally named the Coast Indian Community of Yurok Indians of the Resighini Rancheria when it created by Secretarial Order. The authority used the Secretary of Indian Affairs to create the Resighini Rancheria, and other Rancherías in California, was granted in a series of appropriations legislation passed between 1906 and 1910. [4] On June 21, 1906, the first of those acts, commonly known as the “Landless and Homeless Indian Act,” was enacted by the 1st Session of the 59th Congress. [5] Appropriated funds were used to purchase many small tracts of land in central and north central California for the landless Indians of those areas. [6]

The Resighini Rancheria changed its name to the "Pulikla Tribe of Yurok People" in 2024. [7] This name change has been approved by the Bureau of Indian Affairs and will be published in the Federal Registry. 'Pulikla" or "Poh-lik," means "downriver people" in the Yurok Language.

Tribal government

The tribal government was formed in 1975 [8] and is headquartered in Klamath, California. They are governed by a democratically elected, five-member tribal council. [1] The general membership serves on boards, committees, commissions, and corporations to assist the tribal council.

The current Tribal Council is as follows: [9]

In 2003, the Resighini Rancheria established a tribal court to oversee criminal offenses as well as regulatory procedures regarding fishing and wildlife. [2]

Partition and Waiver of Rights

The Resighini Rancheria is completely enclosed within the Yurok Reservation of the Yurok Tribe since Resighini Rancheria creation in 1939 because the continued existence of the Yurok Reservation as "Indian Country" was upheld by the Supreme Court of the United States in the case of Mattz v. Arnett. In the case, State of California attempted to assert jurisdiction to regulate fishing on the Klamath River by members of the Yurok Tribe, but the Court determined that California did not have jurisdiction because the Yurok Reservation had always been "Indian Country". [10] The Mattz ruling, and another known as the Jessie Short case, led to passage of a congressional act partitioning the Resighini Rancheria and Yurok Reservation from the Hoopa Valley Reservation

The Hoopa-Yurok Settlement Act of 1988, [11] an acted passed by the 2nd Session of the 100th Congress of 1988, declared that Yurok descendants who have chosen to remain members of recognized tribes other than the Yurok Tribe of the Yurok Reservation - primarily the Resighini Rancheria, but also the Cher-Ae Heights Indian Community of the Trinidad Rancheria and Big Lagoon Rancheria - "shall no longer have any right or interest whatsoever in the tribal, communal, or unallotted land, property, resources, or rights within, or appertaining to, the Yurok Indian Reservation or the Yurok Tribe." [12]

The Resighini Rancheria attempted to challenge the Hoopa-Yurok Settlement Act in 1992 case Shermoen v. United States, 982 F.2d 1312, 1314 (9th Cir. 1992), but the court ruling in the case found that "In the Hoopa-Yurok Settlement Act, Congress sought to resolve the legal conflicts by: (1) partitioning the reservation into two reservations, designating the Square as the "Hoopa Valley Reservation" and the Extension as the "Yurok Reservation," 25 U.S.C. § 1300i-1; (2) distributing the escrow funds, 25 U.S.C. § 1300i-33; (3) confirming the statutes of the Hoopa Valley Tribe, and designating the Square or Hoopa Valley Reservation as the reservation to be held in trust for the Hoopa Valley Tribe, 25 U.S.C. § 1300i-1(b) 7; (4) recognizing and organizing the Yurok Tribe, and designating the Addition or Yurok Reservation as the reservation to be held in trust for the Yurok Tribe, 25 U.S.C. § 1300i-1(c) 8." Shermoen v. U.S., 982 F.2d 1312, 1316 (9th Cir. 1992) [13]

The Yurok Tribe claims jurisdiction over all lands within the exterior boundaries of the Yurok Reservation [14] except those within the exterior boundaries of the Resighini Rancheria because the Hoopa-Yurok Settlement Act defined the "Yurok Reservation" in section 2(c) as "the area of land known as the "extension" (defined as the reservation extension under the Executive Order of October 16, 1891, but excluding the Resighini Rancheria) shall thereafter be recognized and established as the Yurok Reservation" and the " Yurok Tribe " as in section 9 as "Those persons on the Settlement Roll who made a valid election pursuant to subsection (c) of section 6 shall constitute the base membership roll for the Yurok Tribe whose status as an Indian tribe, subject to the adoption of the Interim Council resolution."

Cultural life

Resighini Rancheria tribal members participate in traditional dances, such as the Brush Dance, as well as the Jump Dance and White Deer Skin Dance. [2]

The Brush Dance is a ceremony held to heal a sick child or to pray for a long, healthy life for the child. Families come together around a dance pit, beginning on a Wednesday, where the medicine doctor, the child, and the child's family begin. Actual dancing begins on Thursday evening with two dances. Both females and males dance. [15]

The Jump Dance, revived in 1984, lasts for 10 days. The dance is held to prevent sickness, to bring happiness, and to restore balance in the universe. The dancers wear elaborate outfits, including headdresses with 70 redheaded woodpecker scalps. In addition to the headdress, the dancers also wear dentalia shell necklaces and a deerskin skirt, and they carry a Jump Dance basket in the right hand. [16]

The White Deerskin Dance is generally held around the same time as the Jump Dance. Canoes are used to transport dances. It seems dancers carry poles with deer heads draped by deerskins. This dance provides protection to the people. This dance was also recently revived. [16]

Tribal members also engage in traditional storytelling and traditions of gathering seaweed, mussels, and other marine resources for basket making and subsistence fishing for salmon, trout, eel, and other species. [17]

Fishing controversy

Fishing conflicts have arisen with the Yurok Tribe of the Yurok Reservation, the largest in California with 6,311 members, because the partition and release of rights signed by the Hoopa-Yurok Settlement Act divided lands into the Yurok and the Hoopa reservations. The Resighini Rancheria was offered the option of joining the Yurok Tribe to have access to Yurok lands and fishing. Instead, the tribal members opted for a payout of $15,000 per person. The Yurok Tribe argues that the Resighini gave up their fishing rights when they made this agreement.

[18] The Resighini members argue that they retained their fishing rights and that the Yurok Tribe are unjustly interfering with their land and water use. [2] The Yurok Tribe further argue that they are in the midst of a massive conservation effort, and the Resighini are interfering in their attempts to save the fish in the Klamath River. [18]

Population

A resident population of 36 persons was reported during the 2000 census. The 2020 US Census showed a slight increase, with a population of 39. [19]

Education

The ranchería is served by the Del Norte County Unified School District.

Related Research Articles

<span class="mw-page-title-main">Klamath River</span> River in Oregon and California, United States

The Klamath River is a 257-mile (414 km) long river in southern Oregon and northern California. Beginning near Klamath Falls in the Oregon high desert, it flows west through the Cascade Range and Klamath Mountains before reaching the temperate rainforest of California's North Coast, where it empties into the Pacific Ocean. The Klamath River is the third-largest salmon and steelhead producing river on the west coast of the contiguous United States. The river's watershed – the Klamath Basin – encompasses more than 15,000 square miles (39,000 km2), and is known for its biodiverse forests, large areas of designated wilderness, and freshwater marshes that provide key migratory bird habitat.

<span class="mw-page-title-main">Hupa</span> Native American people in California

The Hupa are a Native American people of the Athabaskan-speaking ethnolinguistic group in northwestern California. Their endonym is dining’xine:wh for Hupa-language speakers in general, and na:tinixwe for residents of Hoopa Valley, also spelled Natinook-wa, meaning "People of the Place Where the Trails Return". The Karuk name for them is Kishákeevar / Kishakeevra. The majority of the tribe is enrolled in the federally recognized Hoopa Valley Tribe.

<span class="mw-page-title-main">Guidiville Rancheria of California</span> Indian reservation in United States, Pomo

The Guidiville Rancheria of California are a federally recognized Pomo tribe located in Mendocino County, California.

The Tolowa people or Taa-laa-wa Dee-ni’ are a Native American people of the Athabaskan-speaking ethno-linguistic group. Two rancherías still reside in their traditional territory in northwestern California. Those removed to the Siletz Reservation in Oregon are located there.

<span class="mw-page-title-main">Yurok Indian Reservation</span> Native American Reservation in California, United States

The Yurok Indian Reservation is a Native American reservation for the Yurok people located in parts of Del Norte and Humboldt counties, California, on a 44-mile (71 km) stretch of the Klamath River. It is one of a very few tribes who have never been removed from their ancestral lands in California.

<span class="mw-page-title-main">Yurok</span> Indigenous people in California, United States

The Yurok people are an Algic-speaking Indigenous people of California that has existed along the Hehlkeek 'We-Roy or "Health-kick-wer-roy" and on the Pacific coast, from Trinidad south of the river’s mouth almost to Crescent City along the north coast.

The Klamath Tribes, formerly the Klamath Indian Tribe of Oregon, are a federally recognized Native American Nation consisting of three Native American tribes who traditionally inhabited Southern Oregon and Northern California in the United States: the Klamath, Modoc, and Yahooskin. The tribal government is based in Chiloquin, Oregon.

<span class="mw-page-title-main">United Auburn Indian Community</span>

The United Auburn Indian Community (UAIC) is a federally recognized Native America tribe consisting mostly of Miwok Indians indigenous to the Sacramento Valley region.

Indian termination describes United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considered "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government.

United States v. Kagama, 118 U.S. 375 (1886), was a landmark United States Supreme Court case that upheld the constitutionality of the Major Crimes Act of 1885. This Congressional act gave the federal courts jurisdiction in certain Indian-on-Indian crimes, even if they were committed on an Indian reservation. Kagama, a Yurok Native American (Indian) accused of murder, was selected as a test case by the Department of Justice to test the constitutionality of the Act.

The Cloverdale Rancheria of Pomo Indians of California is a federally recognized tribe of Pomo Indians in California. The tribe is currently considered "landless", as they do not have any land that is in Federal Trust. In 2008 they acquired approximately 80 acres (32 ha) of property on the southern end of Cloverdale, California. The property is currently going through the Fee to Trust process to become the tribe's landbase.

Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.

Oregon Department of Fish and Wildlife v. Klamath Indian Tribe, 473 U.S. 753 (1985), was a case appealed to the US Supreme Court by the Oregon Department of Fish and Wildlife. The Supreme Court reversed the previous decisions in the District Court and the Court of Appeals stating that the exclusive right to hunt, fish, and gather roots, berries, and seeds on the lands reserved to the Klamath Tribe by the 1864 Treaty was not intended to survive as a special right to be free of state regulation in the ceded lands that were outside the reservation after the 1901 Agreement.

The Cher-Ae Heights Indian Community of the Trinidad Rancheria is a federally recognized tribe with members who are descendants of Chetco, Hupa, Karuk, Tolowa, Wiyot, and Yurok people in Humboldt County, California. As of the 2010 Census the population was 132.

The Klamath Termination Act was a 1953 law under the US Indian termination policy. The Klamath tribe along with the Flathead, Menominee, Potawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of California, New York, Florida, and Texas were targeted for immediate termination by House Concurrent Resolution 108 of 1953. The statement which was issued 1 August 1953 by the United States Congress announced the official beginning of the federal Indian termination policy. The tribes that were listed as being ready for immediate termination had been placed on a list prepared by acting Commissioner of Indian Affairs, William Zimmerman, because they met four primary criteria: adequate resources, they had adopted to a certain degree the cultural traits of the larger American culture, they were willing to terminate federal trust obligations, and the state was willing to assume jurisdiction over their criminal and civil matters.

Between 1851 and 1852, the United States Army forced California's tribes to sign 18 treaties that relinquished each tribe's rights to their traditional lands in exchange for reservations. Due to pressure from California representatives, the Senate repudiated the treaties and ordered them to remain secret. In 1896 the Bureau of American Ethnology report on major native American Indian interactions with the United States Government was the first time the treaties were made public. The report, Indian Land Cessions in the United States (book), compiled by Charles C. Royce, includes the 18 lost treaties between the state's tribes and a map of the reservations. Below is the California segment of the report listing the treaties. The full report covered all 48 states' tribal interactions nationwide with the U.S. government.

Mattz v. Arnett was a United States Supreme Court case in which the Court held that the land that had been the Klamath River Reservation and was incorporated into the Hoopa Valley Reservation in 1891 remained Indian country within the meaning of 18 U.S.C. §1151 despite the Act of June 17, 1892. The holding required California game wardens to return of five gill nets because the land was within the reservation boundaries and California lacked jurisdiction to enforce California law that interfered with rights reserved by the Yurok Tribe.

On October 31, 1988, “An Act to partition certain reservation lands between the Hoopa Valley Tribe and the Yurok Tribe, to clarify the use of tribal timber proceeds, and for other purposes” was enacted by 1st Session of the 100th Congress of 1988, after being introduced by U.S. Senator for California Alan MacGregor Cranston as S. 2723. The Hoopa-Yurok Settlement Act (“HYSA”) provided an administrative alternative to the improvised methods the BIA was forced to adopt after the 1973 rulings recognized the continuing status of the Yurok Reservation and the BIA's failure to treat the Yurok Tribe appropriately. When the U.S. Congress partitioned the former joint reservation into the Yurok Reservation and the Hoopa Valley Reservation, it explicitly divorced the Resighini Rancheria from all rights and resources of the Yurok Tribe and the restored Yurok Reservation unless the Rancheria voted to extinguish their separate and distinct tribe and reservation by joining the Yurok Tribe.

References

  1. 1 2 3 U.S. Department of the Interior, Bureau of Indian Affairs (8 August 2024). "Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs". National Archive. Retrieved 8 August 2024.
  2. 1 2 3 4 Resighini Rancheria, Resighini Rancheria official website
  3. Coast Indian Cmty. v. United States, 550 F.2d 639, 642 (Ct. Cl. 1977).
  4. "Five Views: An Ethnic Historic Site Survey for California (American Indians)".
  5. https://maint.loc.gov/law/help/statutes-at-large/59th-congress/session-1/c59s1ch3504.pdf [ bare URL PDF ]
  6. Ranchería
  7. Wild, Elyse (11 July 2024). "Resighini Rancheria Becomes Pulikla Tribe of Yurok People, Honoring Ancestral Lands and Cultural Heritage". Native News Online. Retrieved 8 August 2024.
  8. "Written Comments of Fawn C. Murphy, Chairperson" (PDF). Congress. Retrieved May 24, 2024.
  9. "Who We Are". Resighini Rancheria. Retrieved 2024-05-24.
  10. Mattz v. Arnett, 412 U.S. 481 (1973)
  11. "S.2723 - 100th Congress (1987-1988): Hoopa-Yurok Settlement Act". 31 October 1988.
  12. "Text - S.2723 - 100th Congress (1987-1988): Hoopa-Yurok Settlement Act". 31 October 1988.
  13. "Shermoen v. U.S., 982 F.2d 1312 | Casetext Search + Citator".
  14. "Art. I, § 1 Ancestral Lands | Yurok Tribe Constitution".
  15. Yurok Tribe official website
  16. 1 2 Richard Keeling, Cry for Luck: Sacred Song and Speech Among the Yurok, Hupa, and Karok Indians of Northwestern California. Berkeley: University of California Press, 1993: 80-90.
  17. UC Santa Barbara Marine Life Protection Act Project website.
  18. 1 2 "Fish War" Lost Coast Outlook
  19. Center for New Media & Promotion (CNMP), US Census Bureau. "My Tribal Area". www.census.gov. Retrieved 2024-05-24.

41°30′52″N124°01′00″W / 41.51444°N 124.01667°W / 41.51444; -124.01667