BILL ANALYSIS
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THIRD READING
Bill No: AJR 8
Author: Briggs (R), et al
Amended: 4/29/02 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 5/7/02
AYES: Johnson, Brulte, Chesbro, Dunn, Johannessen,
Karnette, O'Connell, Perata, Soto
SUBJECT : Choinumni Tribe: federal recognition
SOURCE : Author
DIGEST : This resolution memorializes the President and
the Congress of the United States, and the Assistant
Secretary for Indian Affairs in the United States
Department of the Interior to grant the Choinumni Tribe of
Yokuts, located in Fresno County, full federal recognition
and all the rights and privileges that arise from such
recognition. The resolution sets forth facts regarding the
tribe, its history and its needs in support of the request
for recognition.
ANALYSIS :
Existing law:
1.Sets forth the requirements and procedures for an
American Indian group to seek federal recognition as an
Indian tribe.
CONTINUED
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2.Grants those tribes who are federally recognized certain
rights and privileges, including eligibility to
participate in health, education and social programs
provided by the Bureau of Indian Affairs and the Indian
Health Service.
3.Permits, for a specified period of time, certain Indian
tribes in California to make claims against the United
States for the value of land taken from them and sets
forth a procedure for tribes to enroll to be allowed to
submit such claims.
Background
This resolution memorializes the President and Congress of
the United States, and the Assistant Secretary of Indian
Affairs in the United States Department of the Interior to
grant the Choinumni Tribe full federal recognition and all
the rights and privileges that arise therefrom. A
federally recognized tribe gains certain rights and
privileges, including eligibility to participate in federal
health, education, and social welfare programs. Federal
law sets forth specified procedures and requirements for an
Indian tribe to be granted recognition as an Indian tribe
by the federal government. The Choinumni believe that such
recognition would help to relieve the poverty of their
tribe.
This resolution sets forth facts as to how the Choinumni
meet these criteria. Leaders of the tribe, along with
leaders of other tribes, signed a treaty with the United
States in 1851, although the treaty (Treaty N of Camp
Barbour) was not ratified. In 1887, the tribe was again
acknowledged by the United States when tribal members
received land allotments under the Indian General Allotment
Act. The Choinumni were again acknowledged as a tribe by
Congressional action in 1928, in a special jurisdictional
act including the Choinumni among the groups statutorily
authorized to make claims against the United States for the
value of the lands taken from them. The recognition of the
tribe pursuant to the jurisdictional act was later
judicially affirmed by the United States Court of Claims in
Indians of California v. United States (1942) 98 Ct.Cl.
583.
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In 1987, the tribe submitted a letter requesting
recognition to the Branch of Acknowledgement and Research
(Branch) of the Bureau of Indian Affairs (which is
responsible for processing petitions for federal
recognition). The Branch lists the Choinumni as having
filed a letter of intent to petition for recognition, but
not yet having submitted the necessary documentation.
Thus, the Branch does not consider the petition ready for
consideration. Work on putting together the necessary
documentation in support of recognition has recently been
reactivated. According to Choinumni Tribal Leader Henry
Jeff, the tribe has, within the past several months, taken
steps to present their case for reaffirmation of their
tribal status rather than recognition (in light of the
history of past recognition of the tribe). Work is
proceeding on the petition for such reaffirmation but the
necessary documentation has not yet been submitted. The
tribe expects to complete the petition within the next few
months.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 5/7/02)
Choinumni Tribe of Yokut Indians
TSM:cm 5/7/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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