Margarita Brittain Fullblood Kupa IndianPala Allotment Roll# 25Margarita Brittain (Britten) was a fullblood Kupa Indian and lived at the Village of Kupa (Warners Hot Springs/Agua Caliente) until 1903 when her and her children were moved to Pala. Margarita had seven children: Casilda Welmas, Miguela Brittain, Maria Antonia Brittain, James (Santiago) Brittain, Esperanza Trujillo, Martha Reggetti, and Juana Reggetti. Margarita and her children all received allotments at Pala.All the 162 disenrolled Pala Members are lineal descendants of Margarita Brittain possessing 1/16 Blood of the Pala Band. For over 50 years our Articles of Association, Custom and Tradition, and the Pala Constitution has dened the membership requirements of the Pala Band of Mission Indians as:Articles of Association2. Membership.A. The membership of the Band shalI consist of:(l) Those persons whose names appear on the Pala Allotment Rolls as approved by the Secretary of the Interior on April 12, 1895, and November 3, 1913, who are living on the date of approval by the Commissioner of these Articles.(2) AII living descendants of persons on the Allotment RolIs covered In Section 2. A(l) regardless of whether the original allottees are living or deceased, provided that suchdescendants have one-sixteenth (1/16) or more degree of Indian blood of the Band.Pala Constitution:Section I. MEMBERSHIP REQUIREMENTSThe membership of the Band shall consist of:A) Those persons whose names appear on the Pala Allotment Roll as approved by theSecretary of the Interior on April 12, 1895, and November 3, 1913, who were livingon the date of approval of the Pala Band's original Articles of Association by theCommissioner ofIndian Affairs.B) All living descendants of persons on the Allotment Rolls covered in Section (I)above regardless of whether the original allottees are living or deceased, providedthat they are direct lineal descendants and have one-sixteenth (1/16) or moredegree of Indian blood of the Pala Band.Based on our Custom and Tradition, the Articles of Association, and Palas Constitution all 162 disenrolled members of the Pala Band of Mission Indians should remain enrolled at Pala. The BIA has reviewed the appeals of the 162 members and agrees they should remain enrolled with Pala.Within this packet documents are enclosed demonstrating Margarita Brittains blood degree.Timeline of Margarita Brittains Life Based on Census Records (Available through Ancestry.com)1850 - California becomes the 31st state1848 - 1856 - Margarita Born at Warner Springs (Agua Caliente)Father: Pelegrino Ortega (Saubel) Mother: Miguela Awlinguish)1860 - Agua Caliente Township census, Margarita, approx. age 12, family #460, appears under Miguela 1886 - United States Government Indian Census, Agua Caliente (Warner's Rancho), earliest census data appears with Margarita (age 42) listed as sister-in-law under the household of Sylverio Nolasquez1888 - United States Government Indian Census, Margarita, Widow (age 35) listed with her three children1890 - United States Government Indian Census, Margarita, Widow (age 43) listed with four children1893 - United States Government Indian Census, Margarita, Widow (age 40) listed with four children1895 - United States Government Indian Census. Margarita, listed under Salvador Owlinguish family, Mother (age 43) listed with four children1886 - United States Government Indian Census. Margarita, listed under Salvador Owlinguish family, Mother (age 44) listed with five children1897 - United States Government Indian Census- Margarita, Mother (age 48), listed with 8 children1898 - United States Government Indian Census- Margarita, Mother (age 48), listed with 7 children1899 - United States Government Indian Census- Margarita, Widow (age 48), listed with 7 children1900 - United States Government Indian Census- Margarita, #87, Mother (age 51), listed with 7 children1901 - United States Government Indian Census- Margarita, #84, Mother (age 51), listed with 7 children1902 - United States Government Indian Census, Agua Caliente (Warner's Rancho)- Margarita Brittian, #92, Mother (age 55), listed with 7 children1903 - Margarita and her children walk the trail of tears from Cupa to Pala1903 - United States Government Indian Census, Pala Indians of the Mission Tule River - Margarita Brittain, #166, Mother (age 56), listed with 7 children1905 - United States Government Indian Census, Pala Indians, Agua Caliente and San Felipe Indians of Pala - Margarita Brittian, #23, Mother (age 49), listed with 5 of her unmarried children1906 - United States Government Indian Census of the Pala, Agua Caliente and San Felipe Indians of the Pala - Margarita Britten, #166, Widow (age 50), listed with 5 of her unmarried children1907 - United States Government Indian Census of the Pala, Agua Caliente and San Felipe Indians of the Pala - Margarita Britten, #36 Widow (age 50), listed with 3 of her unmarried children1911 - Margarita Brittain selected for an allotment by LW Green, special alloting agent, Allotment assignment1916 - United States Government Indian Census of the Mission Indians of Pala - Margarita Britten, #31 Widow (age 60)(etc., etc)1925 December 28th - Margarita Death, at the estimated age of 69Document List1) February 27, 1962 letter from the United States Department of the Interior to the Pala Enrollment Committee stating that Margarita Britten was fullblood Cupa Indian.2) September 15, 1989 letter from the United States Department of the Interior to the Pala Band of Mission Indians with their nal determination that Margarita Brittiain was fullblood Cupa Indian.3) October 23, 1995 letter from the Agua Caliente Band of Cahuilla Indians asking for documentation with regard to the blood degree of Margarita Brittains daughter Casilda Welmas.4) Letter from Pala Tribal Secretary Stan McGarr to Agua Caliente stating that Margarita Brittain was 4/4 degree of Indian Blood and that all her children were 1/2 degree of Indian Blood.5) November 15, 1995 letter from Pala Chairman Robert Smith to the Agua Caliente Band of Mission Indians stating that Margaritas daughter Casilda Welmas was 1/2 degree Indian Blood.6) June 7, 2012 letter from the United States Department of the Interior recommending that all of the disenrolled descendants of Margarita Brittain have their membership status recognized.7) May 30th, 2012 Sworn Afdavit of BIA Enrollment Specialist Elsie Lucero.8) Individual Family History Card for Merced Nolasquez showing Margarita as her half-sister and their father as Pelegrino Ortega.9) January 17, 1986 BIA Letter afrming Margarita Brittain was a fullblood Cupa Indian10) Sworn testimony of Carolina Nolasquez at the July 22, 1921 Probate Hearing of Merced Nolasquez that Merced and Margarita had the same father.11) Newspaper Article on the Riverside County Fair in October of 1916 that featured Margarita Brittain and Salvadora Valenzuela Representing Pala.12) Margarita Brittain Selected for Allotment at PalaUnited States Department of the Interior BUREAU OF INDIAN AFFAIRS Pacific Regional Office 2800 Cottage Way Services 3715-P5 Enrollment Appeals Sacramento, California 95825 JUN e'1 2012 CERTIFIED MAIL NO. 7011 2970000005807825 RETURN RECEIPT REQUESTED Dennis G. Chappabitty Law Offices ofDennis G. Chappabitty P.O. Box 2050 Elk Grove, California 95759 Dear Mr. Chappabitty: This letter is to inform you of my review and recommendations to the Pala Band of Mission Indians regarding the appeals filed by you on behalfthe fifty-three (53) appellants. These individuals are appealing the February 3, 2012, decision ofthe Executive Committee ofthe Pala Band ofMission Indians (Band) to disenroll your clients. The appeals were received at the Pacific Regional Office and were timely filed. Requests for Regional Director review ofthe Band's disenrollment decisions are based on Section 8, Appeals ofEligibility Decision, of the Band's Enrollment Ordinance dated July 22, 2009. Because the Band's Enrollment Ordinance does not invoke any provision of federal law that would provide the Bureau of Indian Affairs with the authority to decide enrollment appeals, there is no required federal action to take with regard to these requests, and we cannot render any decision regarding the Executive Committee's actions. Section 8 of the Enrollment Ordinance, however, permits the Regional Director to provide informal recommendations on the Executive Committee's actions. Based on our review ofthe documents provided by the individuals requesting review and the records in our office, it is our recommendation that these individuals remain enrolled with the Band as there was no evidence provided to support the disenrollment of these individuals. Therefore, our recommendation to the Band is to continue to recognize the membership status ofthe individuals affected by the February 3,2012, Executive Committee action. Sincerely, , Acting / Regional Director cc: Superintendent, Southern California Agency Chairman, Pala Band ofMission Indians See Attached Listing: TAKE PRII!>E .if==:: "'t IN AMERICA "-;;;;:s.< UNlTED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS PACIFIC REGIONAL OFFICE 2800 COTTAGE WAY SACRAMENTO, CA 95825 Ronald D. Allen Jr., Kelly L. ) IN THE MATTER OF: Peterman, Charles Allen Jr., ) Nikki Harris, Mikki Graber, ) APPEAL OF FEBRUARY 1, 2012 Vikki Oxley, Shawn Thomas ) DECISION OF EXECUTIVE Rogers, Jeanne Durso, Daniel ) COMMITTEEOFPALABAND Durso, Robert J. Morris, Misty ) OF MISSION INDIANS TO Morris, Ray Morris, Monique ) DISENROLL APPELLANTS Early, Melissa Hunter and Mary ) Montoya, ) Appellants, ) ) ~ v s - ) ) EXECUTIVE COMMITTEE, ) Pala Band of Mission Indians, ) May SO, 2012 ) Appellees. ) ) AFFIDAVIT OF ELSIE H. LUCERO CONFIRMING "PELIGRINO ORTEGA" AS FATHER OF MARGARITA BRITTAIN Appellants file the Affidavit of Elsie H. Lucero, dated May 24, 2012, for consideration as "evidence" or "proof' in the administrative record of this pending matter on the dispositive issue of the identity of Margarita Brittain's father. One year after'the June 1, 2011 wrongful disenrollments of eight (8) members of the Pala Band of Mission Indians (Tribe), one fact remains clear: Peligrino Ortega is the father of Margarita Brittain. There is no evidence or proof cited by Robert Smith anywhere m this -1administrative record on appeal to overcome the 1989 Final Decision noted in the Lucero Affidavit. Therefore, the Tribe's actions invalidate, without legal merit or moral cause, the historical entry on the 1913 Pala Allotment Roll verifying Margarita Brittain's 4/4 Indian blood status. For twenty-three (23) years, the United States of America and all of the unjustly disenrolled Pala members have acted in reliance upon the 1989 Department of Interior Final Decision. Absent any factual justification for Robert Smith's recent disenrollment actions, historical "baseline genealogical" federal records are altered, all without lawful cause. RESPECTFULLY SUBMITTED this 30th day of May, 2012. LAW OFFICES OF DENNIS G. CHAPPABITTY ennis G. Chappabitty, OBA#16 7 P.O. Box 2050 Elk Grove, CA 95759 (916) 682-0575 (voice/fax) Certificate of Service I hereby certifY that a true and accurate copy of the foregoing was mailed by United States Postal Service First Class Mail this 30th day of May, 2012 to: Amy Dutschke (Fax) Regional Director Pacific Regional Office Bureau of Indian Mfairs 2800 Cottage Way Sacramento, CA 95825 -2Del Laverdure Acting Assistant Secretary - Indian Affairs Bureau of Indian Affairs 1849 C Street, NW Washington, D.C. 20240 Mike Black, Director United States Department of Interior Bureau of Indian Affairs 1849CStreet,NW MS 4606MIB Washington, D.C. 20240 Robert Eben Superintendent Southern California Agency Bureau of Indian Affairs 1451 Research Park Drive Riverside, California 92507 James W. Porter, Attorney-Advisor, Office of Solicitor (Email only) Jeffrey C. Nelson, Assistant Solicitor, Branch of General Indian Legal Activities (Email only) Teresa Villa, Secretary Pala Band of Mission Indians PMB 50,- 35008 Pala Temecula Road Pala, CA 92059 -3, , AFFIDAVIT State of New Mexico) ) ss County of Bernalillo) BEFORE ME, the undersigned Notary, on this v?fIII day of May, 2012, personally appeared ELSIE H. LUCERO, known to me to be a credible person and of lawful age, who being by me first duly sworn, on her oath, deposes and says: 1. I am a resident of the Isleta Pueblo, New Mexico, and make this affidavit in support of the efforts of 162 members to challenge the decision of the Executive Committee, Pala Band of Mission Indians (Tribe) to disenroll them as tribal members. 2. I worked as the Enrollment Specialist at the Southern California Agency, Bureau of Indian Affairs (BIA) from September, 1985 until I retired in 2005. As Enrollment Specialist, I was the primary Agency staff person responsible for researching historical documents and locating all supporting documentary evidence sufficient to determine enrollment eligibility for the disenrolled individuals who are direct descendants of Margarita Brittain. 3. I have throughly read a number of documents, two hundred and forty-four (244) pages, included in a package sent out by Robert H. Smith, Tribal Chairperson, dated March 29, 2012, to all adult Pala Tribal members of the Page -1Tribe and make the statements and conclusions in this affidavit based on my review of this recent information and my personal recollections and observations of events and actions related the blood quantum of Margarita Brittain. 4. After review of the package of documents sent out to all adult members of the Tribe by Chairman Smith referred to above, I do not see documents anywhere in it related to the 1921 Probate of the Estate of Merced Nolasquez, the half-sister of Margarita Brittain. Contained in this 1921 Probate hearing is the sworn testimony of "Carolina Nolasquez", the daughter of the decedent, Merced Nolasquez. It is my conclusion that this omission was intentional since exclusion of this 1921 evidence gives the appearance that there is no reliable evidentiary basis to conclude that "Peligrino Ortega" was the father of Margarita Brittain. This is not true as I describe below. I attach to my Affidavit three (3) documents from this Probate that were excluded by the Tribe. 5. My review of the entire record in this matter that resulted in me executing a sworn affidavit on February 6, 2012, failed to show any reasoning from the Tribe upon which to base the June 1, 2011 disrollments of Keith C. Denver, Milton K. Denver, Anthony A. Freeman, ginal L. Howard, Luanne Moro and Cheryl L. Majel. 6. The March 29, 2012 Smith letter cites: "As a reminder for an individual to be 4/4 both of their parents need to be specified as 4/4 Blood and as the Page -2records show, the father of Margarita Brittain is unknown." 7. After my review of his statement quoted above and the voluminous documents attached to his letter, I conclude that Smith's reasoning is unsubstantiated because it is based on a confusing record that excludes key documentation proving, by a preponderance of the evidence, that Pelegrino Ortega was the father of Margarita Brittain. Further, this confusing record of over 244 (two hundred and forty four) documents excludes key and relevant historical BIA documents proving that the father ofMargarita Brittain is known. 8. I was responsible for the research and drafting of letters that explain the BIA's findings and conclusions in the 1980's that Margarita Brittain was 4/4 Indian blood and her father was "Peligrino Ortega". 9. In my direct professional involvement in the issues involving the blood quantum and parentage of Margarita Brittain, I used commonly accepted standards, principles and rules in establishing Indian blood quantum, such as ''burden ofproof', "preponderance ofthe evidence", "reliable evidence" and "most good evidence". 10. From my years of experience in balancing, weighing, evaluating evidence or documents as proof to establish Indian blood quantum, I conclude that Robert Smith's statement that "the records show, the father of Margarita Brittain is unknown" is erroneous and totally fails to explain any legitimate Page -3basis for any of the one hundred and sixty two (162) disenrollments at Pala. Smith and the Tribe's Executive Committee/Enrollment Committee have not met their "burden of proof' to substantiate this statement by use of commonly accepted standards, principles and rules for establishing Indian blood quantum. 11. It is my opinion, as based on the record available to me, that Robert Smith's recent distribution of the documents attached to his March 29, 2012 letter to all adult tribal members is intended to fool those members into believing that he has credible evidence to question the validity of those Department of Interior findings, conclusions and decisions made over twenty three (23) years ago. 12. Robert Smith's letter is nothing more than an expression lacking any factual support or credibility. My conclusion is valid with nothing in the record at this time that the Tribe has officially filed any formal written position supported by any evidence with the Regional Director during the appeal of the disenrollments, 13. It is my conclusion that if the Tribe believed its position on the matter of the identity of Margarita Brittain's father was the most correct position, then Tribe would have filed its position with the Regional Director, Pacific Region, BIA. 14. In support of my conclusions III this Mfidavit, I make specific Page -4reference to a letter, dated January 17, 1986, signed by Ronald M. Jaeger, Acting Area Director, Sacramento Area Office, BIA which states: 3. In conformance with Carolina Nolesquez's July 1921 testimony, a research of Margarita's and sisters' 1928 applications, as follow, indicate that Pelegrino Ortega, 4/4 Agua Calients, could have been Margarita's father: 15. In support of my conclusion in this Affidavit, I draw specific reference in this Affidavit to part of the May 1, 1989 Final Decision rendered by Donald F. Asbra, Acting Assistant Secretary Indian Affairs that has been placed into the record on appeal to the Director, Pacific Region, BIA, Sacramento, CA: Based on the statement of Carolina Nolasquez that her mother, Merced Nolasquez, and Margarita Britten had the same father, Peligrino (Saubel) Ortega, the fact that Margarita used "Sauber' as her maiden name, the 1910 family history cards that showed the children of Margarita as possessing 112 degree Cupa and 112 degree blood and the united Industrial Status Report prepared around 1910 which stated that Margarita was a fullblood, we have concluded that Margarita Britten was a fullblood Indian. Weare directing that the blood degree of her descendants be reviewed and Page -5corrected accordingly. 16. The Final Decision issued by Donald F. Asbra in 1989 was the result of an intensive methodical process of reviewing, weighing and balancing evidence and documents submitted by the appellants at that time to support their burden of proof that Margarita Brittain was 4/4 Indian blood. This same kind of accepted methodical process, using those commonly accepted standards noted above, are totally missing from the letter and documents sent out to all adult tribal members on March 29, 2012. 17. It is my opinion that the Central Office, BIA, Washington, D.C., based their decision on the supporting documents in the original appeal for descendants of Margarita Brittian and conclusively substantiated that Margarita Brittian is 4/4 Cupa Indian. The Pala Executive Committee failed to abide by the Final Decision and ruling made by Mr. Walter Mills, Acting Assistant Secretary, by letter dated May 17, 1989. 18. It is my opinion that Margarita Brittian's father is Pellegrino Ortega based on the preponderance of evidence originating from 1) the sworn testimony provided by Carolina Nolasquez and 2) the individual family history card for Merced Nolasquez identifying Margarita Brittian as 112 sister, with same father, different mother. 19. I would offer sworn testimony in a court of law or other tribunal to Page -6support the correctness of those statements, conclusions and opinions made in this Affidavit. Elsie H. Lucero P.O. Box 524 Isleta, New Mexico 87022 Subscribed and sworn to before me, of May, 2012. OFr lelA/- SEAL F.. l{ONTOYA[Notary Seal:] rvblic .. :nate of lit Mexico 5 /). My Commission Expires [signature of Notary] (/ NOTARY PUBLIC /J ff d5/ J..;/My commission expires: ______' 20LL. Page -7----. CBlLbRBR 01' lJlilCBASD CBfL1)RBR., -----_._--\------\-------_._------------i-------I----------I-......------... 1-- .--I---.-.-.--......-.]=-.... . .. . -. I .'-''''''''---.--,----1-------1----_.. I lI:l.IOIWIL li.UIlIL 'him:. loIdIIaI_.._.J)oIo. No. -. F_ Prior to...:0. _...Una'll atted CUTI!:\_ RnIS;ting UJllman... !'for to'0.'" _.. Unknown t'!n",...JhtqU 11o.t.tS.A -.M1.1mftl.. Qrl.UL.. iULt.A.iJ. jlr_... _ ..11-. -;:-" AlII:. _,o you know :l4eroed Holasl}Ues:? A. Yes, ab.e was mo'ther. Q. Is Ll$l'ced liolaaques lead? A. Yes. "" W.be.o. did abe dte? A. She diea. on Ausust 2. 1916, Q. !l!o what trabe did She belo1l81 A. Oupa. Q. W.bere did she die? A. S.be d1ed neal' .R1ncoo.o., Clal1for.o.:1.a. but her waa broUght to lIala for burial. Q. Bow old was .l4eroea. Bolesques: .ben sb.s Ued? A. She was about 86 J'f'al'S oU.. (boords allow 86) . . Q. Did .Merced Holasquez have an allotllle.o.t of land.? A. Yes, abe was allotted on the Pala Indian .lieeervat:1.on. Cal1forn1a. What, 1f a.rq, personal property did Jiereed llolasques have at the time ot' her death? A .l!Io. Q. J)ld she execute a will prior to her death? A. 110. Q.. Was 1I1&rosd Iiol.asquss ms.:rried at the time 01 her death? A. Bo. she was a,w1daw. Q. Row 1IlaD7 tiDies .bad ahe been married\' .4.. Just one time. Q. What was the name her husb8.ll4? A. Sylverl0 Bolaequez. Q. Is S:yl.ver10 J'olaeques dad? A.. Yes. Q. When did he d1e? A.. lie d1sd 0.0. J11.ly n, 1910. Q. !1!o "bat tribe d1d .be belong? A. !{:Lea1on. Q. :DO J'Ou lalow when l.Ieroed nolasqu.es was marr:1.ed to lfolaeques? .L !l!hey must have been mar:r:1.ed over 60 ago. Q. Row were they ma:r:ried? A.. fbe;V \Vere l'IIarr1.ed Inllian custom at :firat, but late:' WBre married by the lIl'1est. Q. And you sa:.y Silverio liolasquez was the only .bu..band that 1I81'08d Bolaequez ever had? A. Yes. he was t.be onl:y one. I(. Row.me.z1y oh11(b.tsD did lieroed Bolasquez bave? .4.. She b.a4 11 ch1ldre.n, SalvadOr JlOlasQU6.1!1. ;Ramon Boleeques, Oeo:11:1.o Bolasquez. IgnaG:l.o BOlasques, Olaud1na Nolasques. Ba.:raal Bo1asquez. J!e4ro liolaeC11lez. and tbree who died when they were babies. I dOn't lalow their names, and Q. Who was the father of these oh1ldre.o.? .A. S;,vlve:r10 Iiolasqaez. Q. Row m.any of tbese ohildren ere living? .Ii. S:l:I:, Salvador. Hamon,Oeo11io. Olewlina. Bafael, and myseU. Q. When 41d Isnacl0 l'Iolasquez die? A. He died 0.0. Febru.a:r;y 11 1912. Q. 110w Old 1rU he when he died? A. Be w"". about 35 yous 01d: Q. Did he have arq children? A. Bo. Q. Was he married? A. Jlo. CEll'ol1ns. Holasquez. -2 When did l'edro lIolesquslZlil die? A. He died many ;veal's before .b.iS JIlO ther Q. Bow old was l'ea.ro when he tied? A. Be was two or three :veere olci. Q. You &a:v JOur motbel' .had three c.b.ildren whose .names ;you do not knOW all of wbom died wben they WEll'S babies? A. Yes. Q. Did they all three die before your mother? A. Yes. Q:.. 'l!hen .. as I 1W.deretand it. at th" rrt bor lfe:roedlIoUsQ.'llex baci su: ob.ila.:tan l.iv::1ll6. n. Oeo1110, Ol.auM.r:la. lla:fael eJ1d ;yourself? .A.. Yes, that is right. Q. JlO ,ou know the llEll'ents of Keroe' liolasquez'l A. I c1.on1 t knOW names, the, died long ago. Q. .Did Ileroe4 lIolasCJU,e.z .have an:v brothers or sistel'B? A. She .had three haU-bro1iJJ.ers.l. Ambrollio ortePt Ortega, and John Ortep.. are &1.1 living. !.he:v.oaa. same father, bu't diffuent mothel's. She.l:\ad five half-sieters. ifa:rsarita Brltten. llafaela a..l.1.D.pish. lIelv1na S1b:1.mlloat. Ysa40ra ll1cbao, and .Ma:I:'oella Slb1mooat" by.bad same fa1iJJ.er, but different mothers. Q.. Bow lD8lI.Y of these haJ.:f-s1stera are J.1vixI8? A. ![two are dee.ci, Y8ac1.01'a ll10hac and Haroelle. Bib1.mooat. !!'!hey bo'tb. died before :lrleroed lIolesques.