Federated Indians of Graton Rancheria
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The Federated Indians of Graton Rancheria is a United States federally recognized Native American tribal entity, comprised mostly of the people of the Miwok tribe. It consists of approximately 1000 members, governed by a tribal council which consists of seven members, under a constitution that was passed by vote of the members on December 14, 2002, and approved by the Secretary of the Interior on December 23, 2002.
History
Documentation of Miwok peoples dates back as early as 1579 by a priest on a ship under the command of Francis Drake. Other verification of occupancy exists from Spanish and Russian voyagers between 1595 and 1808. Missions established from 1809 to 1834 used Coast Miwok and Southern Pomo tribal people as a labor source. These records assist in substantiating Native genealogical persistence.Locations
After the Mission period (1769-1834) local Indian people continued in servitude to Mexican land grant owners throughout their confiscated tribal territories. Mexican and American period records show that a Coast Miwok, Camilo Ynitia, secured the land grant for Olompali near Novato within Coast Miwok homelands. Olompali is the site of a large village, extending from prehistoric times into the Spanish/Mexican periods, and continues today as an important historic locale.Another important locale was Nicasio, (northwest of San Rafael). Near the time of secularization (1835), the Church granted the San Rafael Christian Indians 20 leagues (80,000 acres, 320 km²) of mission lands at Nicasio. About 500 Indians relocated to Nicasio. By 1850 they had but one league of land left. This radical reduction of land was a result of illegal confiscation of land by non-Indians under protest by Indian residents. In 1870, Jose Calistro, the last community leader at Nicasio, purchased the small surrounding parcel. Calistro died in 1875, and in 1876 the land was transferred by his will to his four children. In 1880 there were 36 Indian people at Nicasio. The population was persuaded to leave in the 1880s when Marin County curtailed funds to all Indians (except those at Marshall) who were not living at the Poor Farm, a place for "indigent" peoples.
Occupation
By the beginning of California statehood (1850) the Marshall, Bodega, and Sebastopol peoples, along with their Pomo and Patwin neighbors were making the best of a difficult oppressive situation, by earning their livelihoods through farm labor or fishing, within their traditional homelands. William Smith, a Bodega Miwok, after forced relocation to Lake County during the late 1800s, returned to Bodega Bay where he and his relatives founded the commercial fishing industry in the area. By the early 1900s a few people pursued fishing for their livelihoods; one family continued commercial fishing into the 1970s, while another family maintained an oyster harvesting business. When this activity was neither, in season nor profitable, Indian people of this area, sought agricultural employment, which required an itinerant lifestyle. The preferred locality for such work was within Marin and Sonoma counties.Village home and California Rancheria Act
From a study of Bureau of Indian Affairs (BIA) documents obtained from the National Archives in San Bruno, CA, which go back almost 100 years, it is now clear that in the fifty-five years that the “Graton Rancheria” or “Sebastopol Rancheria” existed, there was never any tribal structure or tribal government or tribal or political entity at all. There never existed at any time in the rancheria’s history, a government- to-government relationship between the federal government and/or the State of California and the “Graton” rancheria. In short, there was never any tribe, either formally or informally.In fact, there were only a small number of assigned residents on the rancheria, and one of them was a Karok Indian, which is a federally recognized tribe in Siskiyou County, CA.
The record shows that the “Graton” or “Sebastopol” rancheria was established for the benefit of “Marshall and Sebastopol bands of homeless Indians” in 1921. Prior to that, it was the private property of Joseph and Louisa Corda, as recorded both in the July 6, 1920, Department of the Interior letter and in the record of the County of Sonoma, CA in Book 310, at page 180. It is significant to note that none of the early letters pertaining to the purchase of this 15.45 acre property that consisted of 3 small tracts, make any mention of any residents on the property, which was heavily timbered and hilly.
In his testimony before the House Resource Committee, Federated Indians of Graton Rancheria Chairman Greg Sarris stated that after the purchase of the rancheria, “15.45 acres were purchased in Graton for our members. Seventy-five members moved on in 1920”.
However, the record states that for the first 16 years after the property was purchased in 1921, no one lived there at all. In 1936, when California’s Indians were voting on the Indian Reorganization Act (IRA) of 1936,which was enacted in order to begin restoring Native American tribes, Sacramento Indian Agency Superintendent Roy Nash wrote to Washington to advise the Indian Agency that there were no Indians living on the “Sebastopol” (Graton) rancheria, and thus, no one to vote on the Act.
The official IRA voting records from that period lists no Coast Miwok, Graton or Sebastopol tribes. In his 1952 field notes made upon a visit to the rancheria, Agency representative Leonard Hill confirms that lack of organization, stating, "This rancheria is not organized under IRA.".
In a letter dated June 9, 1937, from Sacramento Indian Agency Superintendent Roy Nash to the Commissioner of Indian Affairs in Washington, speaking of the rancheria, Mr. Nash states, “The purchase was intended ‘for use and occupancy by the Marshall and Sebastopol Bands of homeless California Indians’, but said bands never occupied the tract, nor has any Indian ever lived on the tract from date of purchase up to now.” In the letter, Mr. Nash asks, “Am I limited to Indians of Marshall and Sebastopol bands, or their descendants? I think decision should be that any landless Indians may be located on these unused California tracts.”
That is how Andrew Sears, a native of the town of Sonoma, was given a land assignment on the rancheria on March 19, 1937, thus becoming the first inhabitant of the rancheria. Eight years later in 1945, Arthur Faber, an Indian Agency (BIA) employee, made application for his mother, Mrs. Laura Faber who was living in Lake County.5 Mrs. Faber was given an assignment in 19466, lived in a tent cabin on the property, and moved out in 1950. An BIA document dated “4-21-51” and entitled “Graton Reservation (Sebastopol), states that in 1951, there was “1 family, 3 people” living on the rancheria, and gives the number of residents as “4”, and mentions only Andrew Sears as a resident.
BIA Agent G.T. Nordstrom, in his notes made during a visit to Graton rancheria on June 24,1952, clearly indicates that of those living on the rancheria, only Andrew Sears had been granted an assignment (in March 1937) to live on the property. In 1952, Frank Truvido had not yet been assigned permission to live on the property.
At its peak in 1952, the property had a “House occupied by Andrew Sears... (and Fred Everill)”, a “tent occupied by Frank Truvido....”, three “small tent houses constructed by Arthur Faber for his mother....” which according to Mrs. Faber had been unoccupied since 1950, and an “incomplete house occupied by Lawrence Bellman....” .
By 1954, the year the Eisenhower administration began to terminate forty-one small California land holdings, the records show that the land was occupied by three assignees: Frank Truvido, Fred Everill ( a Karok Indian from Siskiyou County ), and Andrew Sears. A fourth assignee, Lawrence Bellman, was by that time living in Inverness, and had not lived on the rancheria for over a year. A Frank and Carrie Drake also lived in a cabin, but had “no approved assignment”.
In 1959, official distributees Frank Truvido, Fred Everill and Andrew Sears, voted 3-0 in favor of termination of the “Graton” rancheria. The referendum dated September 17, 1959, shows each man’s signature, as do the individual ballots. A very pleasant hand-written note was sent by Frank Truvido to a Mr. Lowe in the Sacramento office of the BIA, which the BIA stamped as “RECEIVED Nov 20 1959 Sacramento” . In that note, the work of any obviously intelligent individual with a good level of education, Mr. Truvido writes:
“Graton Rancheria 10091 Occidental Road Sebastopol Calif.
Mr. Lowe. Dear Sir I have written Mr. Scudder that we are in favor of the Termination Bill, and we a hopeing that this Bill passes this January. All the members of this Rancheria signed this letter to Mr. Scudder. Thank you Mr Lowe for doing your best for us indians. Sincerely yours, Frank Truvido Graton Rancheria Sebastopol, Calif”
(Author's note: Scudder was the area's Congressman at that time.)
Fred Everill and Andrew Sears died in 1960, leaving only Frank Truvido and his daughter Gloria. Court records show that appropriate probate hearings were conducted to locate the heirs of Mr.Everill and Mr. Sears. Each of these men had many heirs. Much of the Rancheria property was lost due to probate costs and pay-outs to the lawful heirs.
In 1965-66, the final distribution of the Graton rancheria had been completed. Each distributee or his heirs received one acre of land with a neatly-built cabin that was typical in rural Sonoma County at this time. The one acre plot and cabin was their own personal property, with 12.45 acres set aside as "community land", which was commonly owned by all three. The distributees or their heirs, if any, not only received rancheria land, but also improvements to the land such as a septic system, a well, and modern bathrooms, kitchens, etc., for the houses on the rancheria. This work was done free of charge to the distributees. In addition, conservator arrangements were made for Frank Truvido, who was having difficulty managing his affairs.
Each distributee or their heirs received letters in February, 1965 and again in December, 1965, which advised them of “...the approximate value of the property received and that the property was tax-free at the time of distribution and further that from the date of recording at the time of recording in the county records the same taxes apply to the property as apply to property generally.” In 1966, the transfer of land out of trust and into private ownership was completed.
In statements to Congress on May 16, 2000, speaking of the vote by which the rancheria‘s trust status was terminated, FIGR Chairman Greg Sarris made the following statement: “In 1958 when they came by and did a census at the height of the harvest season, when no one was around, they found three families and with the Rancheria Termination Act, offered those three families or three designees, the right to buy the land, and, in essence, terminate the rancheria as trust land.... (and) without the vote or the consensus of the rest of the members.” He later says, in the December 14, 2000, edition of the Point Reyes Light that "...Congress...dissolved federal recognition of [Graton] in 1958 after deciding wrongly that all the Rancheria’s members were dead”. Again, the record does not support Mr. Sarris’ statement.
This is what the historical record shows: Between 1951 and 1959 when the actual vote to terminate Graton took place, many field visits were made at various times of the year in order to determine who lived there. These visits took place in the Summer, in the Winter, and so forth. In fact, after a 1952 field visit, it was learned that Frank Truvido did not yet have an official assignment.
It was Frank Truvido, Andrew Sears and Fred Everill who provided the field agents with the information used to determine who was living on the rancheria. There were only three "distributees" on that land, and hardly anyone lived there at all, ever. Anecdotal evidence from local Native Americans supports the fact that there was never a tribe at Graton, and never anybody other than Truvido, Sears and Everill when the vote was taken.
It took seven years for the Graton rancheria to be dissolved after the distributees voted in favor of termination, and during that time, no one challenged either the validity of the vote or the process. No one stepped forward to complain that the vote was illegal. No one challenged the votes of Truvido, Everill and Sears to terminate the federal government’s ownership of the rancheria, and convert it to the private property of Sears, Everill and Truvido and their heirs.
Mr. Truvido's daughter, Gloria Armstrong, still lives in the original cabin on the original one acre that was given to her father.
CITATIONS:
Testimony of Greg Sarris, Chairman of the Fderated Indians of Graton Rancheria, At the Hearing Before the House Resources Committee on H.R. 946, the Graton Rancheria Restoration Act, May 16, 2000, The Congressional Record
Letter from E. B. Meritt, Ass’t. Commissioner, DOI, Office of Indian Affairs, to Walter W. McConihe, Supt., Round Valley School, dated July 6, 1920, AND Letter from E. B. Meritt, Ass’t. Commissioner, DOI, Office of Indian Affairs, to Walter W. McConihe, Supt., Round Valley School, dated March 19, 1921
Letter from E. B. Meritt, Ass’t. Commissioner, DOI, Office of Indian Affairs, to Walter W. McConihe, Supt., Round Valley School, dated July 6, 1920
Letter from Roy Nash, Superintendent, Sacramento Indian Agency to the Commissioner of Indian Affairs, dated April 17, 1936
Document entitled “Tribal Organization-California Tribes”, 1936, showing IRA votes of all CA tribes voting
Field notes of Leonard Hill, Agency representative, dated August 21, 1952
Letter from Roy Nash, Superintendent, Sacramento Indian Agency to the Commissioner of Indian Affairs, dated June 9, 1937
Letter from Roy Nash, Superintendent of the Sacramento Indian Agency to Mr. Andrew Sears, dated March 19, 1937
Letter from John G. Rockwell, Superintendent, Sacramento Indian Agency, to Mr. Arthur Ray Faber of Upper Lake, dated November 20, 1945
Letter from John G. Rockwell, Superintendent, to Mrs. Laura C. Faber of Upper Lake, CA, dated February 13, 1946
Field notes to “Area Director” from “Evaluating Officer”, dated August 27, 1952
Memo to Leonard M. Hill, Henry Harris, Jr., and Rita Singer from Harold J. Brodhead, dated March 22, 1954
Agency Field notes of visit to rancheria dated December 13, 1955
Letter dated June 21, 1961 from John W. Shipp, Project Engineer, Department of Health, Education and Welfare, to Mr. Leonard M. Hill, BIA, Sacramento,
Memorandum dated May 16, 1961, to Regional Solicitor from the Area Director, BIA.
Graton Rancheria Completion Statement, M.G. Ripke, Acting Director, December 20, 1965
Recognition
The Federated Coast Miwok and Federated Indians of Graton Rancheria, is recognized socially and politically as an Indian group by outside Indian and non-Indian groups, scholars, organizations, and federal, state, and local agencies/governments.The Assistant Secretary for Indian Affairs Kevin Gover, testified on behalf of the Administration at the hearing on May 16, 2000 in favor of recognition. In part Secretary Gover stated, "I am pleased to report that after careful review of the information submitted by the Federated Indians of the Graton Rancheria (the successor name), the documentation shows that the group is significantly tied with the terminated tribe known as the Graton Rancheria. Therefore, we support their restoration of tribal status."
Gover also said, in his testimony to the House Resource Committee, citing as his authority the 1917 notes of John J. Terrell,* a “...Special Indian Agent. who found 76 Indians living in the town of Sebastopol....”. Gover goes on to claim that Terrell meant that the Indians were living on “Sebastopol” rancheria in “1917”, but the record is crystal-clear on these points: (1) The land was not purchased until 1921, several years later, and, 2) No Indians moved onto the land at all until 1937.
Kevin Gover came under heavy fire both during his tenure and after, for his controversial decisions. According to the Boston Globe, "...on Jan. 3, Gover's last day in office, he rejected findings by government researchers that the Chinook tribe of Washington state did not qualify for recognition, and thus was precluded from opening a casino on a highway between Seattle and Portland, Ore.
"Gover personally rewrote the staff's findings, inserting his own conclusions to affirm the tribe's authenticity while editing out years of work by government historians, anthropologists and genealogists."
In November of 2000, Congresswoman Lynn Woolsey’s H.R. 946 (Graton Restoration Act), which contained a no-casino clause, was usurped by Senator Barbara Boxer, who includes gambling rights for Graton. The Act is included in the 2000 Indian Omnibus Act. About two years later, Senator Boxer's son, Doug, partners with the tribe in their effort to build a casino.
- In the early 1900's, Terrell performed a census of California Indians. He did indeed find Indians living in Sebastopol, but he also found Native Americans living in Petaluma, Santa Rosa, and so forth, throughout the state.
The Congressional Record, Testimony of Kevin Gover, Assistant Secretary for Indian Affairs, At the Hearing Before the House Resources Committee on H.R. 946, the Graton Rancheria Restoration Act, May 16, 2000
“Sen. Boxer ambushes Woolsey, adds casino rights for Miwok”, by Greg Foley, Pt. Reyes Light, November 2, 2000
"Gambling Approvals Questioned/Tribes got late OKs from Clinton staff" Sean P. Murphy, Boston Globe, Sunday, March 25, 2001
"Platinum loses clout with brass in capital"/Lobbying firm that thrived in Davis era weaker after recall", Christian Berthelsen, Robert Salladay, Chronicle Sacramento Bureau, Saturday, January 31, 2004
External links
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