So, does anybody still think this planet is inhabited by only humans?

url=Toth (& Helena Blavatsky)

url=MJ’s children

url=What I found when I went looking for MEROWIOWING

url=bohemian grove (subject/title edited by WIO)

url=Shapeshifters – a tour <—-interesting

url=6 second video of flying dragon (an enjoyable one)

url=rumsfield (even captured some grays in one of them

url=short one, obama

url=Sarah Palin, starts down a ways where you see two look alike women

url=liz cheney



url=Keep them in your heart and prayers

url=Is there Hope? Answers from Credo Mutwa

url=Police pictures looking odd

url=Helicopter occupants

url=glass pyramids, prince william

url=nancy pelosi

some positive

url=Cherokee Morning Song

url=Profound Stories

url=Gregg Braden on consciousness

url=How water structure reflects our consciousness


url=A youtube video someone did a decent job with showing differences.

url=Baba Vusamazulu Credo Mutwa on Barack Obama

Posted in Uncategorized

Religious herbs

Herbs are used in many religions – such as (myrrh (Commiphora myrrha), ague root (Aletris farinosa) and frankincense (Boswellia sacra) and in the partially Christianized Anglo-Saxon pagan Nine Herbs Charm. In Hinduism a form of Basil called Tulsi is worshipped as a goddess for its medicinal value since the Vedic times. Many Hindus have a Tulsi plant in front of their houses.


I’d just missed out on getting a commiphora myrrha tree which went up for auction at ebay, two of them, one from Somalia, the other from Yemen. The auctions closed with one going for close to $200, and the other was won for $649. There won’t be any more up for auction from that source, until next year.

Somehow, I ran into this about the religious herbs which peaked my interest greatly and I’ve been on a quest to find out about these herbs. I’ve found some dazzling information and I would like to share it!

I have a Boswellia sacra (Frankincense) tree… just a little thing, but thriving, and three quarters down the way of searching out these herbs found an available and authentic myrrh resource.

The Nine Herbs Charm has kept me fascinated and led me to some plants and plant info that I had no idea existed, and would have never known about had it not been for the poem.


Folklore, Myths and Legends






Mandrake, Mandragoras



Elder, Sambucus nigra



The Elder, in Ancient and Pre-historic Use



Snowdrop, Galanthus nivalis



Elecampane, Inula helenium



Solomon’s Seal, Polygonatum commutatum



That’s all for now.  More later, God willing.


Posted in Uncategorized

Peltier Now Political Prisoner of Obama

( – promoted by navajo)

I am so, so so naive.

Since Obama was willing to have a beer with a professor and an officer of the law over racial issues, why then shouldn’t he meet with Ben Carnes to discuss freeing Leonard Peltier?

What was I thinking, that Obama would actually free Peltier on his 65th birthday, September 12th?

I Am Barack Obama’s Political Prisoner Now By LEONARD PELTIER

After releasing an original and continuing disciple of death cult leader Charles Manson who attempted to shoot President Gerald Ford, an admitted Croatian terrorist, and another attempted assassin of President Ford under the mandatory 30-year parole law, the U.S. Parole Commission deemed that my release would “promote disrespect for the law.”

Even after Peltier’s sister chained herself to the white house iron gates…

UPDATES from DC :Leonard’s sister, Betty, Chained to White House Gates – Ben Carnes and and Rob Fife end Fast

September 12, 2009 by JAHnessa

Update:  Saturday, September 12, 2009 2:00PM CST:

“Just got off the phone with WANBLI , he confirmed Leonard’s sister Betty, did chain herselve to the white house iron gates. more details to come”…….JAHnessa

Update:  Saturday, September 12, 2009

from:Censored News -Posted by

Ben Carnes ends fast today for Leonard Peltier at White House


Given the complexion of the three recent federal parolees, it might seem that my greatest crime was being Indian. But the truth is that my gravest offense is my innocence. In Iran, political prisoners are occasionally released if they confess to the ridiculous charges on which they are dragged into court, in order to discredit and intimidate them and other like-minded citizens. The FBI and its mouthpieces have suggested the same, as did the parole commission in 1993, when it ruled that my refusal to confess was grounds for denial of parole.

Nothing except for the fact he is innocent, and how nice that he ignored Carnes’ and Peltier’s sister.

To claim innocence is to suggest that the government is wrong, if not guilty itself. The American judicial system is set up so that the defendant is not punished for the crime itself, but for refusing to accept whatever plea arrangement is offered and for daring to compel the judicial system to grant the accused the right to right to rebut the charges leveled by the state in an actual trial. Such insolence is punished invariably with prosecution requests for the steepest possible sentence, if not an upward departure from sentencing guidelines that are being gradually discarded, along with the possibility of parole.

Again – I am so,so naive.

Since Obama was willing to have a beer with a professor and an officer of the law over racial issues, why then shouldn’t he meet with Ben Carnes to discuss freeing Leonard Peltier?

Being the Commander-in-Chief must not command the necessary respect from our Intelligence; otherwise, they would respect Obama’s decision to free Peltier if he made that decision, wouldn’t they? I guess not. They’re in charge, and he’s not.



I genuinely like President Obama, to a fault even. He’s an example I would hold up to anyone as embodying the strong moral character we want the future generations to display, and that’s why in addition to everything else about this it’s so disappointing. I never expected anything out of w, but I catch myself thinking “That’s my man” with Obama. So, “That’s my man” who is letting Peltier rot in prison, and who didn’t give Carnes or Peltier’s sister the time of day.

Preserve The Past – Protect The Future – Save Our Sacred Sites !

( – promoted by navajo)

Preserve The Past – Protect The Future

Save Our Sacred Sites!

“A society that cannot remember and honor its past is in peril of losing its soul.”   Vine Deloria Jr.

As Native people, we have a true moral responsibility to our traditions, ceremonies, to the Ancestors, to all living things and to this land.

This is inherent; it is who we are as Human beings.

From the very day a European foot hit the soil on Turtle Island, genocide began for Native people. That footprint left an indelible mark on Native history and the soles of the aggressors marched on, ravaging this land and her people.

The footprint remains, the imprints a permanent scar on Native souls.

We, as Native People, are under attack, not by terrorists, but by developers who see the land as a direct intravenous line to their bank accounts.

It is vital that everyone clearly understands that the Shellmounds are Sacred, despite the deliberate attempts of early archeologists claiming they were nothing more than great piles of trash.

The greater truths lie in the intricately woven lives of at least seven Native Nations who shared the site at Glen Cove. Lives distinctly different from ours, yet within a broader scope, perhaps not so very dissimilar. Spiritual ceremonies, family life and death, the layers that comprise generations. The many layers of generations that actually form the Shellmound.

At the Glen Cove Sacred Shellmound in Vallejo, California; intact skeletal remains and cremations of the Ancestors have been documented, along with mortars and pestles, arrows, spear points, Eagle claws, bear teeth, bird bone whistles, and feather and shell ornaments. The site, listed as California-Solano # 236, faced destruction and desecration with looting by the Spaniards, devastation during the onslaught of greed throughout the Gold Rush years, as well as the incompetence of ‘trained archeologists’ and construction companies who literally plowed and dug their way into the burial site with absolutely no regard to the sanctity of the Ancestors resting there.

One could feasibly surmise that during the past hundred years or so that at least a small amount of understanding and respect of Native life and spirituality would emerge. However, it is more than apparent that mainstream society does not understand and unfortunately, many could care less.

For Native People, we must hear the call of the Ancestors now. In the Spirit of our People, in the Spirit of our Ancestors – WE NEED YOUR SUPPORT!

In his book Spirit and Reason, Vine Deloria Jr. wrote,

“Sacred places are the foundation of all other beliefs and practices because they represent the presence of the Sacred in our lives”.

Remembering, honoring and protecting the Ancestors and All Sacred Sites across Turtle Island are the foundation of who we are, our lifeline to Creator. We must preserve our past to protect our future.

We call upon All of you in Indian Country: Tribal Leaders, Chairpersons, Activists, Advocates, Men and Women and Youth to hear the call of the Ancestors and take your place among us to protect All Sacred Sites on Turtle Island.

Read these names of Our Ancestors. It is but a few who answered the call of the Ancestors before them. Many names will be familiar to you, some may not; nonetheless, they all stood as Warriors and fought for their people, Our People … We can do no less.


Black Elk – Black Hawk – Black Kettle – Big Eagle – Big Foot – Buffalo Hump – Chief Joseph – Conquering Bear – Cochise – Crazy Horse  – Dull Knife – Gall – Geronimo – Hump – Ira Hayes – Jim Thorpe – Kintpuash (Captain Jack) – Kicking Bird – Little Wolf – Looking Glass – Naiche – Nokoni – Osceola – Po’pay – Quanah Parker – Rain in the Face – Red Cloud – Roman Nose – Santana – Silver Knife – Sitting Bull – Spotted Tail –

Standing Bear – Tecumseh – Ten Bears – Wovoka …

Warrior Women

Anna Mae Pictou Aquash – Annie Dodge Wanuneka – Buffalo Calf Road Woman – Chief Earth Woman – Cornblossom – Dahteste – Ehyophsta – Essie Parrish – Loretta Kelsey – Lozen – Mabel McKay – Minnie Hollow Wood – Moving Robe Woman –  Nancy Ward – One Who Walks With the Stars – Running Eagle (aka Brown Weasel Woman) – Sarah Winnemucca – Susette LaFlesche Tibbles – Winema -Zintkala …

Every day we see the blatant abuse and destruction of our Sacred Sites. It is up to us to protect and preserve the resting place of our Ancestors and the sites that are a rich part of our cultural, spiritual and traditional heritage.

It is difficult to comprehend why mainstream society seems to place so little value on our Sacred sites and burial grounds. Does the absence of granite markers for the Ancestors make them any less honored? Why is there such a compulsion to cut down the trees, build roads, pave over everything in sight and make a profit on the theft of the Sacred ?

We must stand up and we must stand united for ALL SACRED SITES!

Many people speak about protecting our culture, saving our Sacred Sites, NOW is the time to act. We must live up to what we speak about!

Please stand up now in a Spiritual way for our Ancestors. Remember them, honor them, and protect them.  Vine Deloria Jr. stated, “A society that cannot remember and honor its past is in peril of losing its soul.”

The atrocities against Native People of All Nations are overwhelming to say the least. However, we ARE still here and WE WILL NOT LOSE OUR SOUL!

© 2009 Orannhawk



May the Great Spirit be with each and every one of you.

All My Relations,

Wounded Knee

For More Information:

Wounded Knee DeOCampo


Vallejo Intertribal and SSPRIT



Linda Roberts (Orannhawk)




( – promoted by navajo)


By Mike (Ali) Raccoon Eyes Kinney            

As an Traditional but urban born and raised Cherokee, I put the out spiritual call that it is soon time for the Creator’s World Renewal Medicine cycles to begin soon.

It is time for the People’s Nation to starting walking down the Good Red Road, and reconnecting with OUR own indigenous belief and value system. It now the time to reconnect ourselves to Creator and our unique World Renewal Medicine.

Now is the time to stand up errect like true Native men and women, that we as the Cherokee/Real People no longer have the luxury to be disconnected from our culture, language, history and most importantly ,our spiritual and belief value system.

As a Cherokee Advocate for more Human and Civil Rights for Indian Country, I have only one driving principal: “We stand before the banner of our People, so our People may live!”

Many Cherokee today have no idea or concept of who we are as a People. It is frustrating that we as Cherokee individuals and families have been disconnected from our living history as a People.

In Creator’s eyes, just the fact you are a Cherokee person, you still an extension of that history, even today. We have always been and always shall be what we are –Creator’s Holy People.

The first thing a Cherokee individual must learn is having having Native pride in being Cherokee native pride in being Cherokee is just not a slogan, but in reality a timeless way of life.

To discover your Cherokee self is a slow, daily process of reconnecting yourself to the Creator and our unique spiritual belief and value system.

The fact that you as a Cherokee Native descendant has survived in these so-called Conquered Native lands that is now called the United States, is both a tribute and celebration to Ancestors and Families quest to survive,regardless of the bloodshed and genocide.

We Cherokee have an expression, ” With no tears in our eyes, we look boldly

ahead to the future as a People!”

In our long road from our Meso-American days, through ‘Our Trail of Tears’, to our forced flight to the concrete, urban cities of Turle Island, we as a People have had a remarkable ability to reinvent ourselves as a People.

Now the real question remains, as Creator’s Holy People, where are we headed?

Remember that since Sacred Time, Creation Time, First Man and First Woman Time, Creator made all generations of Cherokee from the past to the present and into the future as a Holy People.


Our forefathers were from the stars in effect we are the descendants of star children. Look at our proud Cherokee nation flag, there are 7 stars and and one of them is with 7 points. Our original Ancestors in the oral traditions stated we came the star systen that is called Pleiades

In our culture , we lovingly call the seven stars ‘The Boys’. Our Ancestors have stated that the Original Cherokee people came in ‘flying machines from Pleiades.

The Ancient Ones tell in our stories that the Cherokee came in massives waves of migrations to populate north South America, the Caribbean, Central America, MExico and the greater Southeast of the United States before pre-Contac tmes.

We as a People in the old days of Meso-America built the great pyramid temple cities, our Culture and influence connected North, Central and South America together.

We as a Native people have a strong and vibrant history of being peace-keepers, diplomats, negotiators and mediators.

Our approach to Cherokee politics has held our Nation together.

Our common sense approach and how we framed our Traditional way of doing politics has both inspired and motivated other Native nations, the Europeans and the Americans to follow suit.

The Cherokee have demostrated our amazing influence and impact on the Americas based on our own unique spiritual and belief system.

We as Cherokee families and individuals must learn to tear away the images and sterotypes that mainstram society has placed upon us.

We can no longer attack, punish,or beat up ourselves for crimes we have never committed.

We must start to view ourselves with good self-esteem, self-worth, and self value.

For as Creator’s original Holy People,this was the Creator’s plan.

As Rolling Thunder, Cherokee doctor and activist once stated about the presence of the Cherokee upon the Americas:



Ben Carnes Fasts to Free Leonard Peltier


Ben Carnes is fasting in Lafayette Park across from the White House in solidarity with freedom for Leonard Peltier. Peltier is a citizen of the Turtle Mountain Band of Chippewa Indians who has been held as a political prisoner of the Government of the United States of America for over 33 years.

Mr. President,

These truths should be factors in your decision to free Leonard Peltier in my opinion: the historical context of the Indian Boarding Schools which closed in the early 70’s, and the Forced Sterilizations of Indigenous Women in the mid 70’s. Both are not separate from being major contributing factors to the circumstances at the time of Peltier’s false arrest. They, in conjunction  with the obvious genocidal colonial practices that preceded Indian Boarding Schools and Forced Sterilizations, created the violence. Correspondingly, you may not know of the CIA’s influence over some journalism and book publications in academia; consequently, I believe that should also be a factor in your decision to free Leonard Peltier.

Amnesty International urges Clinton to grant pardon to Leonard Peltier

Amnesty International is today calling on President Clinton to grant Leonard Peltier presidential pardon before leaving office. Leonard Peltier, a Native American Indian, has been in prison for 23 years for the murder of two Federal Bureau of Investigation (FBI) agents.

– snip –

Amnesty International believes that the evidence that Peltier shot the two FBI agents is far from conclusive. One of the organization’s pivotal concerns was that his extradition from Canada was on the basis of a testimony by an alleged eye-witness who was coerced by the FBI into making false statements. In a recent public hearing in Toronto, Canada, Myrtle Poor Bear reasserted that her original claim — that she was Peltier’s girlfriend and that she saw him shoot the agents — was false, and was a result of months of threats and harassment from FBI agents. She had also said that she had been 80 kilometers (50 miles) away from the scene at the time of the shooting.

Amnesty International has repeatedly voiced serious concerns over the fairness of the legal proceedings which led to Leonard Peltier’s conviction and sentence, and believes that political factors may have influenced the way in which the case was conducted.


Key witnesses were banned from testifying about FBI misconduct & testimony about the conditions and atmosphere on the Pine Ridge Reservation at the time of the shoot-out was severely restricted. Important evidence, such as conflicting ballistics reports, was ruled inadmissible. Still, the U.S. Prosecutor failed to produce a single witness who could identify Peltier as the shooter. Instead, the government tied a bullet casing found near the bodies of their agents to the alleged murder weapon, arguing that this gun had been the only one of its kind used during the shootout, and that it had belonged to Peltier.

Mr. President, every time I have heard about the FBI agent who wrote “American Indian Mafia” and has written in favor of keeping Peltier in prison, I think about this.…

The CIA also developed remarkably close ties to journalism and, during the period 1947 – 1977, some 400 American journalists “secretly carried out assignments” for the agency, according to a classic investigative study by Carl Berstein…CIA influence extended to book publication…

The article states that it’s not specifically pertaining to “American Indian politics,” but does explore what it calls “close connections” with the CIA’s influence over some journalism and book publications in academia with the fact that the “victors have been writing the history.” That to me, Mr. President, is an indisputable fact. What’s more, is the reason “victors have been writing the history” is to acquire Tribal Lands and the natural resources from them.

Mr. President, have you ever heard of Alex White Plume?


Alex White Plume, a Lakota living on the Pine Ridge Reservation, has grown industrial hemp on his land since 2000. That year, the DEA, with helicopters and machine guns, confiscated the crop (legal in the sovereign nation in which it was grown), costing taxpayers more than $200,000.00.

In 2001, the DEA came only with side arms and weed eaters, this time simply destroying the crop.

In 2002, Alex and his family again planted fields of industrial hemp, but were unable to complete their contract by delivering the crop to the Madison Hemp and Flax Co., because U.S. District Judge Battey (in Rapid City, So. Dak.), issued a civil injunction stating that if Alex so much as touches his hemp, he will be held in contempt of court and jailed for up to six months without a trial or a jury. As a result, the hemp was cut and piled by people unknown; the pile lying in silent testimony between Alex and the Madison Hemp & Flax buyer Craig Lee, both barred from touching it by the government. Delivery was made, but the deliveree could not accept the product.

He was and is innocent, and that’s why you should free Leonard Peltier. I have one more question with all due respect – when does it stop?

(Emphasis mine)

Subject: Protection for Mato Paha (Bear Butte)

Despite protests of American Indian People and other supporters, the county has granted alcohol licenses to the bars. Recently, a corporation has purchased majority ownership in the bar closest to Mato Paha and they are going to have helicopter rides over the butte. We are informed this corporation is affiliated with or are former Blackwater high clearance mercenaries and have already strong armed some American Indians who were on public land taking pictures.

When does it stop?

Even John Coltrane said,

“I’ve found you’ve got to look back at the old things and see them in a new light.”

and while he was obviously referring to music; I think it also applies where “victors have been writing the history” – especially since music is a universal language.

“Carnes is standing there in fast and in prayer for 7 days in the hopes of gaining attention of the President of the United States of America to the plight of Leonard. During his fast he will not take food or water and he will remain in a prayerful attitude for the next 7 days. Those who make stands to fight injustice such as Ben is doing should have all of our respect and prayers. There are many who make smoke and kick up dust but few who actually have the will to make a stand such as this.”



Greetings Cousins,

From California to my ancestral homeland of Kentucky, our NATIVE SACRED SITES ARE BEING ECO-RAPED!! You will notice a photo at the top of the blogspot of a Cherokee burial mound destroyed to build a Wal-Mart big box store in the Southeast. Look above and you will again see a illustration of what is under the mound…MY ANCESTORS!

Again note the GRAVE-ROBBERS ARE FROM THE EARLY 19TH CENTURY,claiming in the name of science validates their reasons again to destroy the sleep of MY ANCESTORS!

The story goes on the Native struggle to protect our Sacred sites against the mainstream culture that is hell bent on destroying what remains of our Sacred sites and Holy Places here in Indian Country.

From Vallejo,California- Vallejo Inter-Tribal Council is seeking the halt and destruction of a 4,000 year shellmound burial site to be converted by the City of Vallejo Park district into a recreational park.

There are over 475 remaining shellmounds from the Sacramento Valley to both the San Francisco and San Pablo Bays. All under siege from more commercial and housing developments. White corporations know what lay under the land, and they could care less about California Native Sacred sites and Holy places.

Some Native leaders have actually been paid off here in California by corporate developers to actually SELL their own Sacred sites and Holy places for development.

Well Cousins, it is time for us as Native People to get our act together! We are going to have to hit and hit hard!

The first thing to do is is to start to impose economic boycotts and sanctions on white corporations like Wal-Mart and city’s like Vallejo, California.

The State of California has some of the most strong and powerful rules and regulations to enforcing the preservation and protection of Native Sacred Sites and Holy place anywhere in the United States.

I have gone ahead to supply ALL State of California Law that can be used AS a legal stragety to ENFORCE the preservation and protection of our remaining Sacred sites and Holy places in California.

If you look below the newsprint story written by Chet Barfield on these issues, you find all of the laws for your review.

Let’s put an end to these corporate grave robbers and destroyers of our Native Sacred Sites and Holy places once and for all!

Yours in the Struggle for more Human and Civil Rights in Indian Country,

Mike (Ali) Raccoon Eyes Kinney

Editor- Teaching the Values of Peace


The Law and American Indian Grave Protection

California Laws

When contacted concerning California’s burial ground laws, Dwight Dutschke responded for the California state archaeologist referring specifically to California’s Public Resources Code Secion 5097.9. Follow the link for text.

Summaries follow of burial/archaeological laws yielded through a keyword search for “archaeology” and “burial” on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at… is not responsible for any inaccuracies or timeliness of information.

New State Law Will Speed Up Repatriation of Ancestral Remains

By Chet Barfield

STAFF WRITER (Note: Sorry, I don’t know for what paper)

October 21, 2001

BARONA INDIAN RESERVATION — It’s just a small cardboard box, this package received earlier this month from the University of California Berkeley.

It holds roughly 5 pounds of what used to be considered research material.

But Barona Tribal Councilman Steve Banegas and other American Indians see it differently. To them, it is the coffin of a long-lost ancestor. The ashes and bone chips inside are not objects to be studied, stored or displayed; they are the remnants of a person to be reburied with dignity and respect.

“We believe there’s a spirituality attached to these remains,” Banegas said. “They’re very much a part of us, our extended families.”

Banegas heads a committee for 12 Kumeyaay bands that has been working since 1997 to get human remains and sacred artifacts returned from colleges and museums under a 1990 federal law.

Now their task in California is getting a big boost from a new state law.

The California Native American Graves Protection and Repatriation Act, passed by the Legislature last month and signed by Gov. Davis last Sunday, gives California tribes new muscle they lacked under the federal law.

Repatriations under the federal process were moving much too slowly and in some cases not at all, said the bill’s author, Assemblyman Darrel Steinberg, D-Sacramento. He said he saw firsthand the human remains and artifacts sitting in warehouses.

“Just look at our history in terms of Native Americans,” he said, “and you know we have to do better to return to them what is rightfully theirs.”

Banegas said he and many others consider the way Indian remains were dug up for study throughout most of the 20th century to be grave robbing. He said the new law gives the tribes more leverage to get the items back.

“In the past, when we’ve dealt with these institutions, they seem to think it’s a matter of ownership,” he said. “What we’re saying is no, it’s a matter of responsibility. We’re responsible to rebury this stuff, to take care of it.”

The new law, which takes effect Jan. 1, covers colleges, museums and other institutions receiving public funding. It requires them to complete inventories of human remains and culturally important objects by January 2003, then notify and return those items to the appropriate tribal groups.

That was supposed to be happening already under the federal law. The difference this time is a built-in enforcement mechanism, with fines for noncompliance.

The law establishes a 10-member oversight commission reporting to the state attorney general. Seven members will be American Indians from throughout the state; three will represent museums, universities and state agencies.

Reprinted under the Fair Use… doctrine of international copyright law.


Code Book: California Water Code

Citation: §234

Section Title: Investigation, excavation and preservation of historic or prehistoric ruins Summary:

Authorizes the Department of Water Resources to investigate, excavate, and preserve any historic or prehistoric ruin or monument, or any object of antiquity, situated in areas to be used for state water development purposes.

Primary Topic: Archeological Activities

Secondary Topic:

Permit / Site Investigation Authority


Code Book: California Penal Code

Citation: §622 ½

Section Title: Objects of archeological or historical interest


Establishes as a misdemeanor the willful injury, disfiguration, defacement, or destruction of any object or thing of archeological or historical interest or value, whether situated on private or public lands.

Primary Topic: Archeological Activities

Secondary Topic:

Violation / Penalty / Enforcement


Code Book: California Penal Code

Citation: §623

Section Title: Caves


(a)(2) Establishes as a misdemeanor the disturbing or alteration of any archeological evidence in any cave without the written permission of the owner of the cave, punishable by up to one year in the county jail or a fine not to exceed $1,000, or both.

Primary Topic: Archeological Activities

Secondary Topic:

Cave Activity

Violation / Penalty / Enforcement


Code Book: California Public Resources Code

Citation: § 5020.5

Section Title: Historical resources: archeological sites and specimens


Directs the State Historical Resources Commission to develop criteria and methods for determining the significance of archeological sites, for selecting the most significant sites, and for determining whether the most significant sites should be preserved intact or excavated and interpreted. Directs the commission to develop guidelines for the reasonable and feasible collection, storage, and display of archeological specimens.

Primary Topic: Archeological Activities

Secondary Topic:

Criteria for Evaluation of Sites

Curation / Ownership of Artifacts


Code Book: California Public Resources Code

Citation: § 5097.1 through § 5097.6

Section Title: Archeological, paleontological, and historical sites


Requires state agencies proposing any major public works project on state lands to submit general plans for the project to the Department of Parks and Recreation prior to commencement of construction. Allows the Department of Parks and Recreation to conduct archeological site surveys on the affected state lands in order to determine whether such lands may contain any historic or prehistoric ruins, burial grounds, paleontological sites, rock art, or any other archeological, paleontological, or historical feature. Allows the state agency constructing the public works on state lands to undertake surveys, excavation, or other operations on the state lands, or to contract with the Department of Parks and Recreation to do so, as it determines to be necessary to preserve or record any archeological, paleontological, or historical features. Prohibits any archeological program conducted by the Department of Parks and Recreation from impairing, impeding, or delaying any state construction project. Prohibits the removal, destruction, or defacement of any archeological, historical, or paleontological feature situated on public lands, except with the express permission of the public agency having jurisdiction over the lands.

Primary Topic: Archeological Activities

Secondary Topic:

Permit / Site Investigation Authority


Code Book: California Public Resources Code

Citation: § 5097.91 through § 5097.94

Section Title: Native American historical, cultural and sacred sites: Native American Heritage Commission

View the text of 5097.91 at this Bkoatohee hosted page.


Creates the nine-member Native American Heritage Commission appointed by the governor and directs that at least five members shall be elders, traditional people, or spiritual leaders of California Native American tribes. Directs the commission to identify and catalog places of special religious or social significance to Native Americans, and known graves and cemeteries of Native Americans on private lands, and to perform other duties regarding the preservation and accessibility of sacred sites and burials and the disposition of Native American human remains and burial items.

Primary Topic: Ethnic / Racial Historic Preservation Issues

Secondary Topic:

Native American Burial and Other Preservation Issues

Primary Topic: State Agencies / Institutions

Secondary Topic:

Native American / Indian Affairs Commission / Office / Board


Code Book: California Public Resources Code

Citation: § 5097.95

Section Title: Native American historical, cultural and sacred sites: cooperation of agencies with Native American Heritage Commission


Directs all state and local agencies to cooperate with the Native American Heritage Commission, including the transmittal of copies of appropriate sections of all environmental impact reports relating to property identified by the commission as of special religious significance to Native Americans, or which is reasonably foreseeable as such property.

Primary Topic: Ethnic / Racial Historic Preservation Issues

Secondary Topic:

Native American Burial and Other Preservation Issues


Code Book: California Public Resources Code

Citation: § 5097.96

Section Title: Native American historical, cultural and sacred sites: inventory of sacred places


Authorizes the Native American Heritage Commission to prepare an inventory of sacred places located on public lands and to review the administrative and statutory protections accorded to such places. Directs the commission to submit a report to the Legislature recommending actions as the commission deems necessary to preserve such sacred places and to protect the free exercise of Native American religions.

Primary Topic: Archeological Activities

Secondary Topic:

Survey / Inventory of Sites


Code Book: California Public Resources Code

Citation: § 5097.97

Section Title: Native American historical, cultural and sacred sites: investigations; legal actions


Enables the Native American Heritage Commission to investigate the effect of proposed actions by a public agency if such action may cause severe or irreparable damage to a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, or may bar appropriate access thereto by Native Americans. Authorizes the commission to recommend mitigation measures for consideration by the agency if the commission finds, after a public hearing, that the proposed action would result in such damage or interference. Allows the commission to ask the attorney general to take appropriate action if the agency fails to accept the mitigation measures.

Primary Topic: Ethnic / Racial Historic Preservation Issues

Secondary Topic:

Native American Burial and Other Preservation Issues

Code Book: California Public Resources Code

Citation: § 5097.98

Section Title: Native American historical, cultural and sacred sites: notification of discovery of Native American human remains


Requires the Native American Heritage Commission, upon notification by a county coroner, to notify the most likely descendants regarding the discovery of Native American human remains. Enables the descendants, within 24 hours of notification by the commission, to inspect the site of the discovery of Native American human remains and to recommend to the landowner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. Requires the owner of the land upon which Native American human remains were discovered, in the event that no descendant is identified, or the descendant fails to make a recommendation for disposition, or the land owner rejects the recommendation of the descendant, to reinter the remains and burial items with appropriate dignity on the property in a location not subject to further disturbance.

Primary Topic: Archeological Activities

Secondary Topic:

Disposition of Human Remains


Code Book: California Public Resources Code

Citation: § 5097.99

Section Title: Native American historical, cultural and sacred sites: obtaining or possessing Native American artifacts or human remains


Prohibits acquisition or possession of Native American artifacts or human remains taken from a Native American grave or cairn after January 1, 1984, except in accordance with an agreement reached with the Native American Heritage Commission.

Primary Topic: Archeological Activities

Secondary Topic:

Disposition of Human Remains

Violation / Penalty / Enforcement


Code Book: California Government Code

Citation: § 6254

Section Title: Exemption of public records from disclosure


(r) Exempts from disclosure public records of Native American graves, cemeteries, and sacred places maintained by the Native American Heritage Commission.

Primary Topic: Ethnic / Racial Historic Preservation Issues

Secondary Topic:

Native American Burial and Other Preservation Issues


Code Book: California Health and Safety Code

Citation: § 7050.5

Section Title: Removal of human remains from location other than a dedicated cemetery


(c) Requires a county coroner, in the event of the discovery of human remains in any location other than a dedicated cemetery, to contact the Native American Heritage Commission within 24 hours if the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the remains to be those of a Native American.

Primary Topic: Archeological Activities

Secondary Topic:

Disposition of Human Remains


Code Book: California Government Code

Citation: §12600 through §12612

Section Title: Attorney General: environmental action


Permits the attorney general to intervene in any judicial or administrative proceeding in which facts are alleged concerning pollution or adverse environmental effects that could affect the public generally. Authorizes the attorney general to maintain an action for equitable relief in the name of the people of the state against any person for the protection o f the natural resources of the state from pollution, impairment or destruction. Includes historic sites in the definition of natural resources. Allows a defendant in such an action to show, by way of an affirmative defense, that there is no more feasible and prudent alternative to the defendant’s conduct, and that such conduct is consistent with the protection of the public, health, safety and welfare. Authorizes the court, in granting temporary or permanent equitable relief, to impose such conditions upon the defendant as are required to protect the natural resources of the state from pollution, impairment or destruction.

Primary Topic: Archeological Activities

Secondary Topic:

Violation / Penalty / Enforcement


Code Book: California Public Resources Code

Citation: §21083.2

Section Title: California Environmental Quality Act: archeological resources


Directs the lead agency on any project undertaken, assisted, or permitted by the state to include in its environmental impact report for the project a determination of the project’s effect on unique archeological resources. Defines a unique archeological resource as one which contains information needed to answer an important scientific research question for which there is a demonstrable public interest; has a particular quality such as being the oldest or best example of a type; or is directly associated with a scientifically recognized important prehistoric or historic event or person. Enables the lead agency to require an applicant to make reasonable efforts to preserve any affected unique archeological resources in place or to undertake mitigation measures if such resources are not preserved in place. Requires the project applicant to guarantee to pay one-half the estimated cost of such mitigation and enables the lead agency to reduce any final mitigation measures to those which can be funded with the money guaranteed by the project applicant plus any money voluntarily guaranteed by any other persons within 60 days of the agency’s decision. Restricts excavation as mitigation to those parts of the unique archeological resource that would be damaged or destroyed by the project. Sets specific limits on the amount that a project applicant may be required to pay for mitigation measures. Requires in most cases that the field excavation phase of a mitigation plan shall be completed within 90 days after final approval is given for the physical development of the project. Prohibits any part of this section from nullifying protections for Indian cemeteries under any other provision of law.

Primary Topic: Archeological Activities

Secondary Topic:

Permit / Site Investigation Authority

Return to State laws

State Historic Preservation Legislation Database. Search by state and keywords for legislation.

California government, preservation and state archaeological resource links.



An open letter to President Obama.

from Mike (Ali) Raccoon Eyes Kinney;

Editor of ‘Teaching the Values of Peace’

President Obama,

Are you prepared to uphold the election commitments you made to Indian Country or was this just political handshaking?

Do you plan to issue a federal pardon to Leonard Peltier?

Do you plan to legally transfer the Black Hills to amend broken traties?

You stated that as President, you would honor and celebrate Indian Country, and you would think about Native People every day. Are you thinking about us now?

Indian Country is looking to you and to your leadership to follow through with commitments and promises you made to us and most of all, ACTION to reslove the the issues Native people face today.

In his time, Kicking Bear stated in regards to the Federal Goverment-” We cannot live on you lies and promises.”

This what Indian Country is hoping to see in regards to the return of the Black Hills:

Turtle Talk


From the Argus-Leader:

A campaign conversation with the man who would become president of the United States has some Sioux leaders thinking they might finally get part of their sacred Black Hills back. And they’re working on a plan to achieve that.

In a May 2008 campaign stop in Sioux Falls, candidate Barack Obama told a gathering of tribal leaders he was open to discussing the Black Hills with them.

In fact, those tribal leaders say, the Obama campaign gave them a proposal that read in part: “Barack Obama is a strong believer in tribal sovereignty. He does not believe courts or the federal government should force Sioux tribes to take settlement money for the Black Hills. … Obama would not be opposed to bringing together all the different parties through government-to-government negotiations to explore innovative solutions to this long-standing issue.”

The promise of such negotiations has Sioux leaders revisiting ideas last considered in the mid-1980s, when New Jersey Sen. Bill Bradley, like Obama a Democrat, proposed that the U.S. government return 1.3 million acres of federal forests and unoccupied park lands in the Black Hills.

Asked to confirm his campaign proposal, or to say whether Obama would be open to negotiating an “innovative solution” that might include the return of some part of the Black Hills, the White House this week said there would be no comment at this time.

But Patrice Kunesh, a law professor at the University of South Dakota who has worked on tribal rights and land claims issues, said she thinks Obama will carry through with his promise.

“It’s very accurate that Obama is sensitive to these issues and would make a sincere effort to bring the stakeholders together to create a discussion around these issues,” said Kunesh, who is using a Bush Fellowship to gain her master’s of public administration at Harvard University’s Kennedy School of Government.

Lower Brule Chairman Michael Jandreau said his memory of the May 2008 meeting was that Obama promised “to do everything in his power to work with the tribes to bring about a settlement.”

“There was no in-depth conversation about what his idea of settlement meant vis-7/8-vis the tribe’s idea of settlement,” Jandreau said. “He talked about it more generically.”

Leaders hope to meet ‘with one mind, one heart’

Sioux leaders have been meeting to try to unify under one voice before approaching the president. Tribal chairmen, council members, elders and traditionalists met in late July at Green Grass on the Cheyenne River Reservation. They are meeting next in mid-September at Lower Brule, and plan many more gatherings after that.

Their actions are prompted in part by a class-action lawsuit filed last spring in Sioux Falls seeking the disbursement of almost $1 billion in principal and interest awarded in old court cases for the improper taking of the Black Hills.

“When we meet with President Obama, it’s going to be with one mind, one heart,” President Theresa Two Bulls of the Oglala Sioux Tribe said. “The only way to do that is to unite everybody.”

That’s a formidable challenge. Eight tribes comprise the Sioux Nation that was awarded financial compensation in a decision affirmed by the Supreme Court in 1980. Those tribes consisted of the Oglala, Rosebud, Cheyenne River, Lower Brule, Standing Rock and Crow Creek Sioux in South Dakota, the Fort Peck tribe in Montana and the Santee in Nebraska.

Leadership has to blend not only those eight tribes, but the varying treaty councils, the existing tribal governments formed under the Indian Reorganization Act (IRA), and other groups within each tribe. That includes those who want the entire Black Hills back, those willing to accept only a part of the land, and those who say taking the settlement money is the best solution.

“Getting them all together would be phenomenal because of the modern, contemporary way tribes are governed,” Kunesh said. “Do you know the last time all nine tribes in South Dakota were unified? It was in the 1960s, when the state of South Dakota wanted to impose state jurisdiction on the reservations.”

Tribal chairmen are convinced unity can be forged. Two Bulls said she held two days of meetings in August at her tribe’s Prairie Winds Casino to try to find that unity. When the discussion fell into disagreements on the power of tribal governments versus treaty councils or other competing groups, she told them that such debate has to end.

“I said, ‘We can’t be hanging onto the past,’ ” Two Bulls said. “We can’t be saying, ‘I’m recognized as a chief.’ ‘No, you’re not recognized as a chief.’

“I said, ‘No more complaining about IRA governments. The protocol is that the IRA government is going to open that door and let treaty people in to meet with Obama, to let him know why the Black Hills are sacred.’

Tribes willing to wait until unity is achieved

Finding that unity might take a year or more, Rosebud Sioux Tribal Chairman Rodney Bordeaux said. The tribes need to agree on a proposal before they go to the president, one that has been negotiated and approved by all the various parties, and that will take time.

“President Obama will be there three more years,” Bordeaux said. “If it takes that long to get a united effort, one that gets the approval of President Obama and, hopefully, the Congress, I think we need to be meticulous on this.”

Imre Sutton, a retired geography professor at California State-Fullerton who has written extensively on Indian land claims issues, said the Sioux would be wise to act in Obama’s first term. He is best positioned to act while Democrats control both houses of Congress – at least through the 2010 election, Sutton said.

Should either house go to the Republicans after that, “that would definitely be in the background to be considered,” he said.

While lawmakers and politicians have argued in the past that the Black Hills claims issue was settled by the financial award, there is a precedence for illegally taken land to be returned to indigenous people.

An act signed by President Nixon in 1970 gave back 48,000 acres of land around Blue Lake in New Mexico to the Taos-Pueblo after President Teddy Roosevelt took it in 1906 to establish a public recreation park.

Land has been restored to tribes in Washington, Oklahoma and Connecticut as well.

Bordeaux, Jandreau and Two Bulls insisted that any resolution reached with Obama must include a return of land.

“We would start where we left off the last time with the Bradley bill,” said Gay Kingman, head of the Great Plains Tribal Chairman’s Association. “That was adopted by all the tribes and all the treaty groups (in the mid-1980s). We wouldn’t go back and try to reinvent anything.”

The Bradley bill would have returned to the Sioux unsettled land held through the parks, forest service and Bureau of Land Management. Sacred areas such as Bear Butte and Harney Peak would have been temporarily closed for Lakota religious or ceremonial activities in the Bradley bill, which failed to gain much support in Congress.

Kunesh wonders whether the land designated in the Bradley bill would be enough for the Sioux today.

“Who would own it,” she said. “Who would be in charge of managing it? Would there be some kind of co-management with a federal entity?”

Congressional delegates won’t make commitment

Kunesh said she could see a situation where a small part of federal land in the Black Hills is returned, and then the Sioux are given a fund to buy adjacent land as it becomes available.

“But you know that the state of South Dakota has opposed every single petition by any tribe to put land into trust,” she said. “Unfortunately, that’s really the issue dividing the state and the tribes over every other issue today, whether it’s criminal jurisdiction or health care or land claims. The Black Hills claim sits in the middle of every single one of those issues.”

Jandreau said he is almost certain that any agreement negotiated with Obama will need approval from some or all of the state’s congressional delegation. Two Bulls said she thinks a “concrete solution that everyone agrees to” will be supported by Sens. John Thune and Tim Johnson and Rep. Stephanie

Herseth Sandlin.

“They have been more bipartisan the last couple of years,” Two Bulls said. “I’m pretty sure our congressional people will support us.”

If that’s true, Johnson, Thune and Herseth Sandlin aren’t saying so now.

“That is an issue that the Supreme Court has ruled on,” Thune said. “The money was set aside and continues to accumulate interest. That, in my view, is the resolution. I don’t have any intention of wading back into that.”

Herseth Sandlin said she was encouraged that Obama has expressed a willingness to work with the Sioux tribes.

“We don’t know what proposals may result. … but regardless of the outcome, I’ll continue my work in Congress on the issues of great importance to the daily lives of Native Americans,” she said.

Asked whether he could support any negotiation between the tribes and Obama that ultimately included a return of land, Johnson’s staff sidestepped the question.

“This discussion has been going on for decades,” Johnson’s spokesperson, Julianne Fisher, said. “It is important for the tribes to first come together and then begin negotiations with the White House. To comment on a nonexistent compromise is to put the cart before the horse in this case.”

Perhaps. But if the Sioux unite, if they can find a spokesperson who understands the indigenous ways and the historic wrong that has been done, and who is skilled in the kind of mediation, that person could lead them to what they seek, Kunesh said.

In 1993, a poll by Political/Media Research of Washington, D.C., found that 26 percent of South Dakotans favored returning unoccupied federal lands in the Black Hills to the Sioux people.

Tribal leaders guess at this time, with this president, the momentum could be even greater to finally resolve the Black Hills issue.

“I believe there is a possibility,” Jandreau said. “It’s been a long time since we had even that.”

President Obama, for Native People, our history is our inherited reality. You have made promises and commitments to Indian Country and we expect you to be a man of honor and keep your word.

Thank you,

Mike (Ali) Raccoon Eyes Kinney

Editor of- Teaching the Values of Peace