The United States Government's interaction with the Indians of California began in 1848 when the Treaty of Guadalupe Hidalgo was signed at the conclusion of its war with Mexico. At that time the government agreed to preserve recognition of the Indian people and their right to the lands they inhabited.
In 1851, 18 treaties were signed with 400 California Indian leaders whereby millions of acres of land were ceded to the federal government in exchanged for perpetual use and occupancy to 8.5 million acres in reservation land, plus goods and services. These treaties were never ratified by the U.S. Senate and not until 1905 did the California Indians learn they held no title to any treated land.
During this period the Indians were denied right to private land claims which they occupied, lands that were surveyed as public land and given to settlers. In 1891, the mission Relief Act was established, setting aside "poor" land for the benefit of some of the struggling Indian population. In 1906 , land was purchased by the U.S. Government for use as "rancherias" (1) by some of the Indian population who were assigned to reside on the "rancherias."
While the Indian Allotment Act of 1887 made it possible for a qualified Indian to settle on unappropriated public domain land and to obtain acreage for irrigation and/or grazing, not until the early 1900's were these allotments made in any numbers for California Indian people.
Today, in California, there are in excess of 133 public domain allotments. Within the Central California Agency alone, there are 100 allotments totaling 7,575.29 acres for an undetermined Indian population. In Madera County, where I live, there are 20 allotments totaling 1,309.01 acres.
The Central CAL Agency Includes:
Calavaras-----------7----------------119.33
Colusa--------------1-----------------80.00
Fresno-------------21--------------1,436.55
Inyo----------------2-----------------90.00
Kern---------------10--------------1,192.00
Madera-------------20--------------1,309.01
Mariposa------------5----------------708.21
Mono---------------13--------------1,058.99
Placer---------------1----------------21.39
Plumas--------------9---------------519.04
San Benito----------1---------------123.42 (Indian Canyon)
Sierra---------------2---------------160.00
Tehama--------------3----------------90.29
Tulare---------------4---------------519.86
The needs of Indian residents on California's allotment lands include:
SOLUTION: Funds must be appropriated to drill new wells, deepen existing wells and provide good and adequate water to allotment owners.
Many houses are in a deteriorated condition, built originally without attention to build codes and providing menial shelter for the inhabitants. Foundations are decomposing granite piers in many instances, roofs are inferior and leaking, flooring and siding is inadequate, sanitation and electrical hook-ups are inferior.
SOLUTION: A survey must be done of all homes on allotment lands in California to determine which homes must be improved to meet standard building codes. Those homes that can, should be rehabilitated and new housing provided in situations where repairs are impractical.
Where there is a block of allotments in one area, the main road into the allotments is periodically repaired by the Bureau of the Indians affairs. But the side roads to each individual allotments are not repaired by the federal government and in many instances are merely mediocre dirt tracks filled with ruts and potholes.
SOLUTION: Severely damaged roads should be improved on all allotment land and regular maintenance program initiated.
When an Alloted dies and an heir expresses a desire to move onto the allotment, all heirs, including any already living on the allotment, must bear the cost of surveying. In many instances these costs are so high they prohibit the heirs' legal right to live on the allotment. SOLUTION: Surveying and all other costs necessary for heirs to live on an allotment should be paid for by the federal government.
In some instances, allottees desire to improve their property at their own expense, but because they do not have legal title to the land, are precluded from obtaining loans sufficient to accomplish their plans.
SOLUTION: The federal government must intervene in some way to assist allottees in obtaining money from lending institutions for improvements on federal domain allotments.
Currently, Bureau of Indian Affair's policy permits only members of federally recognized tribes to receive scholarships for higher education. Inasmuch as allotment land residents are recognized by the Bureau of Indian Affairs through their roll numbers, there is an obvious inequity in not allowing them, too, to receive scholarships for higher education.
SOLUTION: Include allottees on the Code of Federal Register (CFR) so they can receive scholarships.
As we reach the end of the 20th Century, it is finally time for the U.S. Congress and the Bureau of Indian Affairs to address the longstanding needs of its California Indian Allotments and to redress the wrongs made at the time of the 1851-52 treaties and the continuing avoidance of the government's responsibilities to all California Indians.
For over 100 years, the Federal Government and the Bureau of Indian Affairs have virtually ignored its public domain allotments in California, while at the same time continuing to improve and provide for reservation/rancheria land and residents. Allotment lands must no longer be treated as the step-children of the federal government.
Gaylen Lee
Bureau of Indian Affairs Policy Board Member
Area VII, Central California Agency
P. O. Box 869
North Fork, CA 93643
(209) 877-2710