Nisenan Nostrums (updated 4jun22)

George Rebane

The 26may22 Union reported (here) that there is a new initiative being launched to have the Nisenan Indians reclaim some of the land that the US government screwed them out of more than a century ago.  The history and Nisenan claim is anything but simple, but this indigenous local tribe, now numbering less than 150, want their land on which to build a cultural center that will anchor a venue in which they can maintain their traditions and educate the rest of us about their heritage.  At least that’s what I understand of their claims.  

The parcel they want is called the Nisenan or Nevada City Rancheria, and consists of almost 80 acres located in the Cement Hill area north of town, next to the old Nevada City airport property.  The old hand-drawn map shown below is all they have on their heritage websites which don’t really define how the tribe is currently organized, if at all. (here, here, and here)

I have taken the old map which shows one section (640 acres or one square mile) of land on which two lower left 40-acre parcels are labeled “Indian Colony” on the old map, and drawn it on the map of the Nevada City area shown below.  To date there have been no claims made on any specific parcels.

We don’t yet know where all this is going, but given the progressive propensities of Nevada City residents, it’s not a long shot to anticipate some serious heat starting to be generated about returning land to the ‘rightful indigenous owners’ before any light is produced.  I wouldn’t be surprised if in the process we don’t have hundreds of would-be Nisenan emerging out of the woodwork to militate for some sort of government reparations ranging from land to cash payments.

The whole situation is not unique to Nevada County and has been and is being played out elsewhere in the country (note the mess in eastern Oklahoma).  Which all calls into question as to what current productive residents of a land owe to people who claim to be deprived relatives of long-lost primitive ancestors who presumably spent centuries on the land, and were able to develop some woven baskets and stacked stick residences as their contribution to advance their progeny.

Full disclosure - the Rebanes have more than a passing interest in this matter since we have lived on one of the so-called ‘rancheria’ parcels for the last twenty years.

[4jun22 update]  The Union’s editorial board (of which Jo Ann is a member) gave their very measured view on the Nisenan issue (here).  They back giving land to the surviving members of the tribe.  More than likely this would be a hunk from the western end of Nevada City’s ‘airport property’ that abuts the recorded ‘Indian Reservation’ (the rancheria) shown on the above map.  For federal recognition of the tribe, a part of the land must include at least a “sliver” of the rancheria which is now private property.  No one yet knows what constitutes a sliver.  The editorial board’s position concludes with – “But we can make a decision at this moment to support a project that is warranted. We can acknowledge the harm that was done, and work toward a better future, not just with a recognition at the start of a council meeting, but a federal recognition supported by real action from Nevada City and this county.”

Comments

[scenes]

another map

https://reports.nevcounty.net/property/rdDownload/93980216-b626-49ad-a24a-49abd9842224_T16N-R8E-2.pdf

[George Rebane]

scenes 653pm - The link is broken.

[scenes]

Huh. Yer right. Temporary link?

Try this.

https://reports.nevcounty.net/property/rdPage.aspx?rdReport=parcel.ParcelReport&APN=004040032000

go to 'Unrecorded Maps'

and then click on the second 'Angiolini' link

basically, it shows an 'Indian Reservation'. Same info, different map.

I'm always struck by how insane modern web design has become. No standardization in interface, scads of useless downloaded libraries and whatnot, slow, filled with tracking and assorted BS.

95% of it could look like this: https://based.cooking/ but then most modern computer programmers become superfluous.

[George Rebane]

scenes 658am - the link does not provide the click through path you describe; it's just a county assessor's parcel map.

[scenes]

You don't see the tab that says 'Unrecorded Maps'? I clicked on my link and I'm looking right at it. It's on the right. The currently selected one is 'Site Information', followed by 'Property Details', etc.

[George Rebane]

scenes 1216pm - Got it, thank you. The old 'Angiolini' map appears to corroborate the map I posted with the two 40-acre parcels marked 'Indian Reservation'.

[scenes]

Any clue how the title passed through the years?

I wonder how the transfer worked from the 'Indian Reservation' to a private owner. Even if sketchy, no doubt there was some legal paperwork involved.

[George Rebane]

Scenes 551pm - No clue. I imagine the operative rule for it all was Golden Rule #2 - Them that's got the gold makes the rules. Clearly, they didn't give up that acreage willingly.

[scenes]

" Them that's got the gold makes the rules."

Not just that, but the Indian groups that appear to have weathered the European storm tended towards more advanced organizations. For all I know the Hopi will be here long after the American Experiment commits suicide. Perhaps some anthropologist has found patterns in why some people don't advance much beyond subsistence hunter/gatherers, it might simply be how rich the above-ground environment is (plus weather) although you could argue that advancement requires enemies.

Lacking cultural continuity with some critical mass of people, these peripheral tribes look to me to be playing a game of 'Telephone'. Traditional lifestyles and language use were discarded 100 years ago, a few stories your grandmother heard from your grandfather, the DNA nearly swamped with admixture, what's left is some kind of legal status and a bit of in-group relationships.

[George Rebane]

scenes 701am - Agreed.

[Paul Emery]

George

So what is the process here? Are you concerned that there may be some kind of eminent domain process here that could involve your property?

[George Rebane]

PaulE 1022am - Not really because there are so many other alternatives to satisfy the Nisenan besides resorting to eminent domain. My real objective with this post is to invite the larger discussion of what factors should be germane when considering the ownership of regional lands between successive cultures, nations, tribes, kingdoms, ... - factors of primacy, who establishes, when established, legal jurisdictions, adjudication, current vs remnant 'rights', etc.

[Paul Emery]

Complex matter for sure. thanks George. Keep us informed on this matter.

[George Rebane]

PaulE 1132am - In the final analysis, there are no absolutes here along any of the dimensions we may consider the problem of successive ownership of lands. Every relevant factor will be evaluated differently by the divers parties to the discussion/debate/dispute. In final resolution, whose values, mores, etc will prevail or should prevail? It's a worthy topic to consider in these days, as some of us are beginning to feel guilty about the transgressions of our ancestors.

[scenes]

" Every relevant factor will be evaluated differently by the diverse parties to the discussion/debate/dispute."

One theory I'll put out is that the last group living in a pristine hunter-gatherer phase, nothing recognizable as government, technology, organized agriculture, is viewed as the 'rightful' owners of property.

The piece of land may have had a dozen different ethnicities and language groups living on it over time, but the people who stole it are always those with an edge up in tech or organization that you might recognize as 'modern man'.

An Aztec or a Celt is a loser in the war between cultures, but humans with homemade bows and a loincloth made from a squirrel pelt are viewed as superior in much of the modern West.

[George Rebane]

Rightful ownership - were the widely held liberal 'rightful ownership' principle in 136pm to be held true, then ALL lands on this planet are now in possession of illegitimate occupiers. So how many previous owners or years back must we go to identify the rightful owners of a piece of land? The fundamental operational rule that has always determined ownership for both man and beast is 'It's yours as long as you can hang on to it.' All arguments to the contrary ultimately wind up confirming that rule.

Watch the arguments coming in this weekend's Union.

[Bill Tozer]

Well, well, well. Dr. Rebane ain’t taking this give the Indians back their land in stride. No worries, Doc. You don’t have to restore your once owned property back to how it was before Y-T stole the ancestral happy hunting grounds. You can leave your house standing where it is when you are evicted and we will call it even.

Hmmm. Guess that prospect would get under any person’s skin. Can’t blame ya for taking it out on the PG&E crew. Transference of anger. :)

10:49 a.m. — A PG&E worker on Cement Hill Road reported a homeowner threatened him. The parties were separated. Per caller, he has the right to trim the tree on the property as its branches overhang the powerline. Back to the Earth Movement never died.

[The Estonian Fox]

George,

Good news (of a sort). From the Tallinn Bee just yesterday - Representatives of the paleolithic Kunda Colony raised similar points to the Estonian Parliament. The Parliament folks told the Kundans to go pound soola. So your ancestral homestead/land should be safe if you need (forced) to return.

[George Rebane]

Efox 509pm - would love to get a link to that report. BTW, sool = salt; liiv = sand.