AUGUST 9, 2011: SACRED LANDS ALERT AND CALL FOR SUPPORT TRIBAL AND PUBLIC SUPPORT TOPROTECT THE ANCIENT ABORIGINAL HOMELAND VILLAGE OF THE ELEM PEOPLE FROM DESTRUCTION.
On Tuesday, August 16, 2011, at 1:30 P.M., at the Board of Supervisors Chambers, 501 Forbes St.Lakeport, California will be the time and place to hear
THE APPEAL OF JOHN NADY (AB 10-04) OFTHE PLANNING COMMISSIONS DENIAL OF A MITIGATED NEGATIVE DECLARATION ANDDECISION TO REQUIRE A FOCUSED ENVIRONMENTAL IMPACT REPORT (EIR) FOCUSED ONTHE IMPACTS OF CULTURAL ARCHEOLOGICAL RESOURCES
Nady is requesting the BOS to adopt a mitigated Negative declaration that would allow him to destroy forever the main island village of theElem Nation. The initial study is available for public review at the Lake County Community Development Department at 255 North Forbes Street, Lakeport, CA, Please contact Emily Minton at (707) 263-2221, email@example.comYour urgent support is needed to stop the continued destruction of our culturalresources as on a daily basis, Nadys caretaker is digging up and taking artifacts off the Island. Which is aFederal Crime.
HISTORICAL REVIEW OF THE ELEM NATION LEGAL CLAIM TO ELEM-BODUN ISLAND A.K.A.RATTLESNAKE ISLAND
On behalf of the Elem Pomo Nation our traditional Roundhouse leaders and honored Elders, Im honoredto present a legal overview of the Elem Pomo Nations legal rights and tribal claim to their aboriginalhomeland on Elem Island a.k.a. Rattlesnake Island. These facts can now be proven and are documentedin
alysis of the U
guished Rights of the Elem Pomo to Their Sacred Isla
a Legal report presented by Attorney William Griffin, and reviewed by The University of New MexicoSchool of Law in May 2005. This Examination is based on Constitutional law, treaty law, statutes, Indianlegal doctrines, Indian Claims Court cases and contemporary observations that will demonstrate Congressclear intent to preserve the aboriginal rights of the Elem Pomo, not to extinguish them. When this intent is paralleled with the lack of explicit Congressional action requisite to extinguish the venerated aboriginaltitle of the Elem, the obvious conclusion is that the Elem should still have ownership of the island by law.Without an explicit taking by the U.S. government, the chain of record title patented by the State of California in 1877 is subject to successful challenge by the Elem. While acknowledging that the U.S.government has always had the power to extinguish or recognize the inferior aboriginal title, the Elemmay appropriately assert that the federal government never granted the State of California the requisiteauthority for their aboriginal rights to be extinguished, and thus they are retained. A showing of un-extinguished aboriginal title begs an adjudication of quiet title and/or compensation as per the 5
Amendment to the U.S. Constitution. This writing could be employed to present the framework for such aclaim, although the most feasible and appropriate remedy would be the application of the power of federal eminent domain for the restoration of the island to land held in trust for the tribe. Compensation,though the normal redress for a governmental taking of land held by aboriginal right, is an inadequateremedy. No amount of money would justify the destruction of the sanctity of the Island. Moreover, theissue of aboriginal title is a highly charged and sensitive federal question, which seems too delicate andtoo long awaited for any court to now determine. Many Elem can still recall the strangely unbalancedoutcome in a 1949 Federal Court decision in which evidence of thousands of years of Elem occupancy of the island was totally ignored, thus they have little faith in another adjudication. The disposition of Rattlesnake Island is now an issue for Congress alone; to determine what course we should take as anation in regard to the aboriginal rights of California Indian Tribes. Hoping to guide Congress hand, theElem tribal leadership believes that the island should be preserved for all people, and not reduced to atoken compensatory payment to their members that would allow the resources and archaeology that the