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52-611: The Round Valley Indians consists of the Covelo Indian Community. This community is an accumulation of people from several tribes: the Yuki , who were the original inhabitants of Round Valley, Concow Maidu , Little Lake and other Pomo , Nomlaki , Cahto , Wailaki , and Pit River peoples. They were forced onto this remnant of the land formerly occupied by the Yuki tribe. The Round Valley Indian Reservation began in 1856 as

104-672: A U.S. Supreme Court review. But, as DOI was implementing new regulations related to land trusts, the agency asked the Court to remand the case to the lower court for reconsideration with the decision based on the new regulations. The U.S. Supreme Court granted the DOI's petition, vacated the lower court's ruling, and remanded the case back to the lower court. Justices Antonin Scalia, Sandra Day O'Connor, and Clarence Thomas dissented, stating that "[t]he decision today—to grant, vacate, and remand in light of

156-441: A clear-cut example of genocide . He cites the fact that there is no evidence of any epidemic that would have caused such drastic population decline among the Yuki between 1854 and 1864, other than venereal diseases originating from European settlers. His research thus challenges the idea that the indirect effects of European colonization were the leading cause of population decline and mass death for Native Americans. E.N. Anderson

208-541: A difficult and unusual situation. Their traditional homeland was not completely taken over by settlers as in other parts of California. Instead, a small part of it was reserved especially for their use as well as the use of other Indians, many of whom were enemies of the Yuki. The Yuki had to share their home with strangers who spoke other languages, lived with other beliefs, and who used the land and its products differently. Indians came to Round Valley as they did to other reservations - by force. The word "drive", widely used at

260-506: A means for American Indians to re-establish sovereignty and self-government, reduce the losses of reservation lands, and build economic self-sufficiency. He believed that Indian traditional culture was superior to that of modern America and thought it worthy of emulation. His proposals were considered highly controversial, as numerous powerful interests had profited from the sale and management of Native lands. Congress revised Collier's proposals and preserved oversight of tribes and reservations by

312-588: A new tribe on the reservation, the Covelo Indian Community, later to be called the Round Valley Indian Tribes. Their heritage is a rich combination of different cultures with a common reservation experience and history. Between July, 1856, when Superintendent of Indian Affairs, Thomas J. Henley , requested official designation of the valley as Nome Cult farm, and the granting of his request in 1858, Round Valley slowly filled with farms and ranches despite its reservation status. Relations between

364-597: A professor of Anthropology at the University of California at Riverside writes that the extermination of the Yuki, a helpless colonized people, was a genocidal massacre. Intermarriage among neighboring tribes after their forced relocation to the Round Valley Reservation resulted in large numbers of Native Americans with mixed ancestry. Many of these people are descendants of many local tribes and have come to be called Round Valley Indian Tribes. In

416-659: A requirement that the Interior Department manage Indian forest resources "on the principle of sustained-yield management." Representative Edgar Howard of Nebraska, co-sponsor of the Act and Chairman of the House Committee on Indian Affairs, explained that the purpose of the provision was "to assure a proper and permanent management of the Indian Forest" under modern sustained-yield methods to "assure that

468-685: A result. Either they were unable to pay the new taxes on it or they sold it to whites or other Indians for the cash. Others prospered by establishing farming and stock-raising operations. They leased extra land and raised garden vegetables, hay, hogs, and cattle. In 1934, the United States Congress passed the Indian Reorganization Act . In the interests of promoting self-government, only those Indian organizations consisting of elected councils, rather than those based on cultural traditions, were recognized as tribes by

520-463: A revenue source, the U.S. Supreme Court has been repeatedly asked to address the IRA's constitutionality. A controversial provision of the Act allows the U.S. government to acquire non-Indian land (by voluntary transfer) and convert it to Indian land ("take it into trust"). In doing so, the U.S. government partially removes the land from the state's jurisdiction, allowing activities like casino gambling on

572-619: Is distantly related to the Wappo language , forming the Yukian family with it. The Yuki people had a quaternary (4-based) counting system , based on counting the spaces between the fingers, rather than the fingers themselves. Scholarly estimates have varied substantially for the pre-contact populations of most native groups in California, as historians and anthropologists have tried to evaluate early documentation. Alfred L. Kroeber estimated

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624-657: The Federal Bureau of Indian Affairs . The Indians of Round Valley jointly elected a tribal council and wrote a constitution both of which still function. Along with this alteration in tribal management, a whole range of new regulations intended to halt the loss of land from the Indian Community was also instituted. The IRA repealed the Allotment Act and Indians on the Reservation were deprived of

676-674: The Lower Brule Indian Reservation ) in South Dakota v. United States Dep't of the Interior , 69 F.3d 878, 881-85 (8th Cir. 1995). The Eighth Circuit Court of Appeals found Section 5 of the IRA to be unconstitutional, ruling that it violated the nondelegation doctrine and that the Secretary of Interior did not have the authority to take the land into trust. The U.S. Department of the Interior (DOI) sought

728-612: The Navajo , the largest tribe, as well as the Seneca people , Iroquois , and many others. Anthropologists criticized him for not recognizing the diversity of Native American lifestyles. Hauptman argues that his emphasis on Northern Pueblo arts and crafts and the uniformity of his approach to all tribes are partly explained by his belief that his tenure as Commissioner would be short, meaning that packaging large, lengthy legislative reforms seemed politically necessary. The Reorganization Act

780-816: The Nome Cult Farm , an administrative extension of the Nomi Lackee Reservation located on the Northwestern edge of the Sacramento Valley, one of the five reservations in California legislated by the United States Government in 1852. The system of Indian reservations freed Indian land for the settlers' use, and cleared natives from the land by force. When the reservation was established, the Yuki people (as they came to be called) of Round Valley were forced into

832-498: The Oneida Indian Nation in present-day New York , Upstate Citizens for Equality (UCE), New York, Oneida County , Madison County , the town of Verona , the town of Vernon , and others argued that the IRA is unconstitutional. Judge Kahn dismissed UCE's complaint, including the failed theory that the IRA is unconstitutional, on the basis of longstanding and settled law on this issue. The U.S. Court of Appeals for

884-406: The " Indian New Deal ". The Act also restored to Indians the management of their assets—land and mineral rights —and included provisions intended to create a sound economic foundation for the residents of Indian reservations . Total U.S. spending on Indians averaged $ 38 million a year in the late 1920s, dropping to an all-time low of $ 23 million in 1933, and reaching $ 38 million in 1940. The IRA

936-696: The 1770 population of the Yuki proper, Huchnom , and Coast Yuki as 2,000, 500, and 500, respectively, or 3,000 in all. Sherburne F. Cook initially raised this total slightly to 3,500. Subsequently, he proposed a higher estimate of 9,730 Yuki. According to the research of Benjamin Madley, "the Yuki suffered a cataclysmic population decline under United States rule. Between 1854 and 1864, settlement policies, murders, abductions, massacres, rape-induced venereal diseases, and willful neglect at Round Valley Reservation reduced them from perhaps 20,000 to several hundred." In his work, Madley argues that Yuki history constitutes

988-552: The 2010 census, 569 people claimed Yuki ancestry. 255 of them were full-blooded. Yuki people use the large roots of Carex plants to make baskets. Indian Reorganization Act The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act , was U.S. federal legislation that dealt with the status of American Indians in the United States . It was the centerpiece of what has been often called

1040-659: The Bureau of Indian Affairs within the Department of Interior. Felix S. Cohen , an official at the Department of the Interior Solicitor's Office, was another significant architect of the Indian New Deal who helped draft the 1934 act. The self-government provisions would automatically go into effect for a tribe unless a clear majority of the eligible Indians voted it down. At the time the Act passed, it

1092-491: The D.C. Circuit Court of Appeals wrote a dissent stating that she would have struck down key provisions of the IRA. Of the three circuit courts to address the IRA's constitutionality, Judge Brown is the only judge to dissent on the IRA's constitutionality. The majority opinion upheld its constitutionality. The U.S. Supreme Court did not accept the MichGO case for review, thus keeping the previous precedent in place. Additionally,

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1144-532: The First, Eighth, and Tenth Circuits of the U.S. Court of Appeals have upheld the constitutionality of the IRA. In 2008, Carcieri v Kempthorne was argued before the U.S. Supreme Court; the Court ruled on it in 2009, with the decision called Carcieri v. Salazar . In 1991, the Narragansett Indian tribe bought 31 acres (130,000 m ) of land. They requested that the DOI take it into trust, which

1196-537: The Government's changed position—is both unprecedented and inexplicable." They went on, "[W]hat makes today's action inexplicable as well as unprecedented is the fact that the Government's change of legal position does not even purport to be applicable to the present case." Seven months after the Supreme Court's decision to grant, vacate, and remand, the DOI removed the land in question from trust. In 1997,

1248-506: The Indian New Deal was unable to stimulate economic progress, nor did it provide a usable structure for Indian politics. Philp argues these failures gave ammunition to the return to the previous policy of termination that took place after Collier resigned in 1945. In surveying the scholarly literature, E. A. Schwartz concludes that there is: Collier's reputation among the Indians was mixed—praised by some, vilified by others. He antagonized

1300-460: The Indian forests will be permanently productive and will yield continuous revenues to the tribes." The act slowed the practice of allotting communal tribal lands to individual tribal members. It did not restore to Indians land that had already been patented to individuals. However, much land at that time was still unallotted or allotted to an individual but still held in trust for that individual by

1352-591: The Lower Brulé Sioux submitted an amended trust application to the DOI, requesting that the United States take the 91 acres (370,000 m ) of land into trust on the Tribe's behalf. South Dakota challenged this in 2004 in district court, which upheld DOI's authority to take the land in trust. The state appealed to the Eighth Circuit, but when the court reexamined the constitutionality issue, it upheld

1404-542: The Reservation to be subdivided in 1894 into five and 10-acre (40,000 m) plots which were distributed to families. By assigning specific pieces of land to individuals, the Act opened the door to private land ownership for Indians. Although the land was allotted, it was still held in trust by the government. However, in 1920, allotees were allowed to "fee patent" their land: to receive a deed to it by giving up its trust status and accompanying benefits, such as freedom from taxation. Some Round Valley People lost their land as

1456-627: The Round Valley Indian Reservation by Executive Order on March 30, 1870, pursuant to the Four Reservations Act of 1864. Life on the Round Valley Reservation has since been affected by much government legislation. Two of the most significant impacts were from the Dawes Act of 1887, also known as the Allotment Act, and the Indian Reorganization Act of 1934, known as the IRA. The Allotment Act caused

1508-502: The Second Circuit affirmed the dismissal. Section 18 of the IRA required that members of the affected Indian nation or tribe vote on whether to accept it within one year of the effective date of the act (25 U.S.C. 478) and had to approve it by a majority. There was confusion about who should be allowed to vote on creating new governments, as many non-Indians lived on reservations and many Indians owned no land there, and also over

1560-491: The U.S. government. Because the Act did not disturb existing private ownership of Indian reservation lands, it left reservations as a checkerboard of tribal or individual trust and fee land, which remains the case today. However, the Act also allowed the U.S. to purchase some of the fee land and restore it to tribal trust status. Due to the Act and other federal courts and government actions, more than two million acres (8,000 km ) of land were returned to various tribes in

1612-687: The US government established the Indian reservation of Nome Cult Farm (later to become Round Valley Indian Reservation ) at Round Valley. It forced thousands of Yuki and other local tribes onto these lands, often without sufficient support for the transition. These events and tensions led to the Mendocino War (1859), where militias of white settlers killed hundreds of Yuki and took others by force to Nome Cult Farm. The Yuki language has been extinct since its last speaker, Arthur Anderson, died in 1983. It

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1664-476: The United States and ending their recognized relationships with the federal government. This also ended the eligibility of the tribal nations and their members for various government programs to assist American Indians. Of the "Dismantled Tribes" 46 regained their legal status as indigenous communities. Since the late 20th century and the rise of Indian activism over sovereignty issues, as well as many tribes' establishment of casino gambling on reservations as

1716-688: The Valley"), and Ukohtontilka or Ukosontilka ("Ocean People", or Coast Yuki). The territory of these three groups included Round Valley and much of northern Mendocino County and Lake County . Today they are enrolled members of the Round Valley Indian Tribes of the Round Valley Reservation . The exonym "Yuki" may derive from the Wintu word meaning "foreigner" or "enemy." Yuki tribes are thought to have settled as far south as Hood Mountain in present-day Sonoma County . In 1856,

1768-518: The agency did in 1998, thus exempting it from many state laws. The State was concerned that the tribe would open a casino or tax-free business on the land and sued to block the transfer. The state argued that the IRA did not apply because the Narragansett was not "now under federal jurisdiction" as of 1934, as distinguished from "federally recognized." In fact, the Narragansett had been placed under Rhode Island guardianship since 1709. In 1880,

1820-521: The constitutionality of Section 5 in agreement with the lower court. The U.S. Supreme Court denied the State's petition for certiorari . Since then, district and circuit courts have rejected claims of non-delegation by states. The Supreme Court refused to hear the issue in 2008. In 2008 (before the U.S. Supreme Court heard the Carcieri case below), in MichGO v Kempthorne , Judge Janice Rogers Brown of

1872-474: The effect of abstentions. Under the voting rules, abstentions were counted as yes votes, but in Oglala Lakota culture, for example, abstention had traditionally equaled a no vote. The resulting confusion caused disputes on many reservations about the results. When the final results were in, 172 tribes had accepted the act, and 75 had rejected it. The largest tribe, the Navajo , had been badly hurt by

1924-569: The federal Navajo Livestock Reduction Program, which took away half their livestock and jailed dissenters. They strongly opposed the act, the chief promoter John Collier, and the entire Indian New Deal. Historian Brian Dippie notes that the Indian Rights Association denounced Collier as a "dictator" and accused him of a "near reign of terror" on the Navajo reservation. Dippie adds, "[h]e became an object of 'burning hatred' among

1976-523: The first 20 years after passage. In 1954, the United States Department of the Interior (DOI) began implementing the termination and relocation phases of the Act, which had been added by Congress. These provisions resulted from the continuing interest of some members of Congress in having American Indians assimilate into the majority society. Among other effects, termination resulted in the legal dismantling of 61 tribal nations within

2028-515: The full support of his boss, Secretary of the Interior Harold L. Ickes , who was also an expert on Indian issues. The federal government held land in trust for many tribes. Numerous claims cases had been presented to Congress because of failures in the government's management of such lands. There were particular grievances and claims due to the government's failure to provide for sustainable forestry. The Indian Claims Act of 1946 included

2080-557: The land for the first time. It also exempts the land from state property and other state taxes. Consequently, many state or local governments opposed the IRA and filed lawsuits challenging its constitutionality. In 1995, South Dakota challenged the authority of the Interior Secretary , under the IRA, to take 91 acres (370,000 m ) of land into trust on behalf of the Lower Brule Sioux Tribe (based on

2132-553: The land in a communal fashion. Non-Indians were not allowed to own land on reservations, which limited the dollar value of the land since there was a smaller market capable of buying it. The process of allotment started with the General Allotment Act of 1887. By 1934, two-thirds of Indian land had converted to traditional private ownership (i.e., it was owned in fee simple ). Most of that had been sold by Indian allottees, often because they could not pay local taxes on

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2184-646: The lands they were newly responsible for. The IRA provided a mechanism for the recovery of land that had been previously sold, including land that had been sold to tribal Indians. They would lose individual property under the law. John Collier was appointed Commissioner of the Indian Bureau (it is now called the Bureau of Indian Affairs , BIA) in April 1933 by President Franklin Delano Roosevelt . He had

2236-709: The legal ability to buy and sell land, hold deeds and to take out loans. The land was put back into trust status and trust land could not be used as security. When first recognized, the tribe and reservation were both known as the Covelo Indian Community. Other Pomo communities in Mendocino County: 39°53′34″N 123°19′44″W  /  39.89278°N 123.32889°W  / 39.89278; -123.32889 Yuki tribe The Yuki (also known as Yukiah ) are an indigenous people of California who were traditionally divided into three groups: Ukomno'om ("Valley People", or Yuki proper), Huchnom ("Outside

2288-591: The most deadly of 24 known state militia campaigns. The perpetrators of these massacres were paid or reimbursed for expenses by the State of California. Superintendent Henley requested that the United States Army be sent to the valley to mediate. Late in 1858, a company of the U. S. Army departed Benicia for Mendocino County . Due to inclement weather, the march was forced to halt at Fort Weller in Redwood Valley , but Lieutenant Edward Dillon

2340-486: The time, is descriptive of the practice of "rounding up" Indians and "driving" them like cattle to the reservation where they were "corralled" by high picket fences. Such drives took place in all weather and seasons, and the elderly and sick often did not survive. From years of intermarriage, a common lifestyle, and a shared land base, a unified community emerged. The descendants of Yuki, Concow Maidu, Little Lake and other Pomo, Nomlaki, Cahto, Wailaki, Pit River peoples formed

2392-441: The tribe was illegally pressured into relinquishing its tribal authority to Rhode Island. Some historians disagree that the action was illegal because, although not sanctioned by Congress, it was "desired" by the tribe members. The tribe did not receive federal recognition until 1983, after the 1934 passage of the IRA. The U.S. Supreme Court agreed with the State. In a challenge to the U.S. DOI's decision to take land into trust for

2444-585: The various Indian groups, settlers and white employees of the reservation reached a state of extreme hostility. As part of the California genocide , bloodshed became a frequent occurrence as settlers massacred Native Americans, some at the behest of future first Chief Justice of the California Supreme Court Serranus Clinton Hastings between the years 1850–70. They killed at least 283 men, women and children,

2496-486: The very people whose problems so preoccupied him." Historians have mixed reactions to the Indian New Deal. Many praise Collier's energy and his initiative. Kenneth R. Philp praised Collier's Indian New Deal for protecting Indian freedom to engage in traditional religious practices, obtaining additional relief money for reservations, providing a structure for self-government, and enlisting the help of anthropologists who respected traditional cultures. However, he concludes that

2548-447: Was United States policy to eliminate Indian reservations, dividing the communal territory and allotting 160-acre plots to individual heads of households, to be owned in severalty. Before allotment, reservation territory was not owned in the usual European-American sense, but was reserved for the benefit of entire Indian tribes. The communal benefits were apportioned to tribe members according to tribal law and custom. Generally, Indians held

2600-624: Was sent ahead with a party of seventeen men to occupy the barracks in Round Valley. Fort Wright was then established in December 1862, on the western edge of the Valley. Originally the soldiers were to protect the Indians from white attacks but soon, as part of the Bald Hills War , were deployed to capture Indians throughout the area and bring them to confinement on the reservation. President Ulysses S. Grant formally established

2652-532: Was the most significant initiative of John Collier , who was President Franklin D. Roosevelt 's Commissioner of the Bureau of Indian Affairs (BIA) from 1933 to 1945. He had long studied Indian issues and worked for change since the 1920s, particularly with the American Indian Defense Association . He intended to reverse the assimilationist policies that had resulted in considerable damage to American Indian cultures and to provide

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2704-544: Was wide-ranging legislation authorizing tribal self-rule under federal supervision, ending land allotment, and generally promoting measures to enhance tribes and encourage education. Having described the American society as "physically, religiously, socially, and aesthetically shattered, dismembered, directionless", Collier was later criticized for his romantic views about the moral superiority of traditional society as opposed to modernity. Philp says after his experience at

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