Front Page  »  

Pretendian and federally recognized tribe battle over Oceano Dunes

November 21, 2024

By KAREN VELIE

Who should have more influence on the future of the Oceano Dunes, a pretendian or a federal recognized indigenous tribe?

The Northern Chumash, an unrecognized tribe founded by a pretendian, support closing the dunes to off-road recreational vehicles. The Santa Ynez Band of Chumash Mission Indians argue the dunes should remain open for vehicle recreation. Both groups are asking the court to support their position.

In response to a judge’s July 19 ruling that California Coastal Commission overstepped its authority when it voted to phase out off-road vehicle usage at the Oceano Dunes by 2025, the Coastal Commission appealed the ruling. However, the only federally recognized Chumash tribe in the nation filed a brief in support of off-road vehicles on the beach while a group started by a pretendian wants the park shuttered.

The Santa Ynez Band of Chumash Mission Indians (Chumash Tribe) was recognized by the federal government in 1901.

“The Chumash Tribe represents the interests and cultural heritage of the Chumash people, whose historic territory encompasses the Oceano Dunes,” the brief says. “The Chumash have a vested interest in the preservation and respectful use of their ancestral lands, as well as ensuring that their voices are heard in governmental processes affecting these lands.”

However, the Coastal Commission failed to consult with the Chumash and other California tribes in violation of established government codes and policies. The commission’s actions “undermine tribal sovereignty and cultural preservation efforts,” according to the brief.

Instead, the Coastal Commission consulted with the self-professed “Northern Chumash Tribal Council,” while not properly reviewing the list of federally recognized tribes.

The Northern Chumash,  founded by Fred Collins, claims it has deep cultural and historical connection to the coastline. “The Northern Chumash have been the land’s stewards and caretakers since time immemorial, and this role has been compromised by the advent of OHV activities, “Collins claimed.

When The National Oceanic and Atmospheric Administration wanted to establish the Chumash Marine Sanctuary, it was at the request of Fred Collins’s group and not the federally recognized Santa Ynez Band of Chumash Mission Indians.

Collins is what is known as a pretendian, a person who claims Indigenous heritage without any substantive evidence to support the assertion. During his lifetime, Collins profited by using his alleged Indian heritage for financial gain.

When he was in his 20s, U.S. Custom’s agents arrested Collins in Pismo Beach for smuggling cocaine into the country. He later spent time in prison before going to work as an indigenous monitor at construction sites.

In 2013, certified genealogist Lorraine Escobar researched Collins’s ancestry. She concluded “Collins was not of Native American ancestry and that his maternal lineage was from Mexico,” according to a 2017 appellate court ruling.

“The Santa Ynez Band of Chumash Mission Indians respectfully requests that this Court uphold the trial court’s judgment directing the California Coastal Commission” to keep the dunes open to recreational vehicle use, according to the brief.

In March 2021, the Coastal Commission voted unanimously to phase out off-road vehicle usage at the Oceano Dunes over three years and to close the Pier Avenue entrance by July 1, 2022.

At the time, commissioners argued vehicle usage at the dunes harms the environment and does not comply with the California Coastal Act. The commissioners also cited environmental justice as a justification for closing the park to vehicles.

Friends of Oceano Dunes, a nonprofit that represents approximately 28,000 supporters of off-road recreation, previously indicated it was ready to take legal action if either the Coastal Commission or California State Parks were to attempt to ban or reduce off-road vehicle usage at the dunes.

A week before the March 2021 Coastal Commission vote, Thomas Roth, the San Francisco-based attorney for Friends of Oceano Dunes, sent a letter accusing the Coastal Commission of bias, overstepping its legislative authority and violating due process.

In 1975, the dunes were set aside for off-road vehicle recreation as part of the California Coastal Plan, which says off-road vehicle use “shall be permitted.”

“The Coastal Commission has jumped the shark,” Roth wrote in his letter. “It has no authority to direct State Parks to ban all OHV (off-highway vehicle) at a park expressly authorized for OHV use, especially where that use has lawfully existed for 40 years, and where the use predated even the creation of the Coastal Commission.”

San Luis Obispo Superior Court Judge Tana Coates ruled on July 19 in favor of Friends of the Oceano Dunes.

“The court finds that in permanently prohibiting all off-highway vehicles in the Oceano Dunes State Recreational Area, the Coastal Communion acted ‘without, or in excess of its jurisdiction,’” Coates wrote in her ruling. “The court also finds the Coastal Commission violated CEQA by deciding to close the Pier Avenue entrance to the Oceano Dunes State Recreational Area without evaluating how it would impact vehicle miles traveled.”

An appellate hearing is scheduled for next summer.

San Luis Obispo County Supervisor Jimmy Paulding ran on a promise to shutter the dunes to recreational vehicles. He notes in his Nov. 15 newletter, that even if the appellate court rules against the Coastal Commission, it is likely the California Supreme Court will be more sympathetic.

“Regardless of how the Court of Appeals rules, though, the decision will likely be appealed to the California Supreme Court, in which case we will have a final ruling on the matter, as a strict matter of law,” Paulding wrote. “There is speculation that the California Supreme Court will be more sympathetic to the Coastal Commission’s position but this remains to be seen.”

Because we believe the public needs the facts, the truth, CalCoastNews has not put up a paywall because it limits readership. However, we are seeking qualification as a paper of record, which will allow us to publish public notices, this requires 5,000 paid subscribers.

Your subscription will help us to continue investigating and reporting the news.

Support CalCoastNews, subscribe today, click here.

 


Loading...
Subjects:     
Related:


13 Comments
Inline Feedbacks
View all comments

“California records from the 1700s and 1800s upon which genealogists rely can be spotty. Indians—who were often abused, raped and hunted with impunity—often hid their heritage or identified with their Spanish, Mexican or Anglo ancestors on documents collected by schools, missions and the federal government. These documents are now being dusted off to prove or disprove tribal identity.”


Similar controversy elsewhere — https://www.ocweekly.com/news-anthony-riveras-juaneo-indian-tribal-council-says-chief-david-belardes-is-no-juaneo-6413921/


Yeah, so lots of so-called “pretendians” around. But magically, if you’re a certified member of a federally-recognized tribe, you’re an official “indian”. Why is this important? Because recognized tribes can develop casinos, whose net profits go exclusively to tribal members. The fewer tribal members, the more money & benefits that members receive. It’s ultimately political. Search the genealogist Lorraine Escobar and you’ll quickly come to the impression that she’s a gun for hire by recognized tribal members to exclude or expel other members.


There are hundreds of non-recognized tribes; that doesn’t mean they lack similar community, identity, or spirituality:

https://accessgenealogy.com/native/list-of-federally-non-recognized-tribes.htm


0

Pretendians across California and the western U.S. should be offended by the headline of this story and the claims made within it. As if the brutalities we suffered at the hands of our invaders weren’t enough, we then get told over and over that we just imagined it – that we are just “pretending” it all happened. It is time that Pretendians and the Pretendian Nation receive the acknowledgement and respect it deserves.


-29

Actually, no, pretendians have no reason to be offended by this headline. They should only feel shame because pretendians are shameful frauds. Clearly, you have an erroneous or incorrect understanding of the term “pretendian”, so, as a public service to educate you and others, here is one definition obtained from Wikipedia: Pretendian – a blended term (portmanteau) combining the words pretend and Indian; a pejorative colloquialism describing a person who has falsely claimed Indigenous identity by professing to be a citizen of a Native American or Indigenous Candian tribal nation, or to be descended from Native American or Indigenous Canadian ancestors. As a practice, this false self-identity is regarded as egregious cultural appropriation, especially if that individual then asserts they can represent and speak for communities from which they do not originate. In my opinion, pretendians are flimflam frauds, tricksters, charlatans, cheats and lowlife wannabes. Elizabeth Warren, Ward Churchill and Sacheen Littlefeather are but just a few of numerous notable examples.


Pretendian has no associated meaning or connection with any sort of denial of atrocities and abuses suffered by indigenous Native Americans during the European colonization of the Americas.


12

By the way I meant to say, Jimmy Paulding is a liar and a fool and has no business being in any public office


16

It has already been determined that the California Coastal Commision(CCC) is one of many corrupt agencies and departments in California and also including various Federal agencies such as NOAA. We know this by their actions in permitting Offshore Wind Farms. But what could be more obvious than what NOAA has done in creating this so called giant Chumash Sanctuary without consulting with the real Chumash but worse cutting out a big swatch to accommodate the wind farm!! What the xxxx is that about!


41

The fundamental problem is that in California there are no restrictions on forming a non profit with an Indigenous sounding name.


Indian fraud is rampant throughout this state and country because we live in a world of self identification, personal pronouns, spineless politicians, educators who coddle, and journalists that are afraid to do their job.


40

Karen, thank you for publishing what has been talked about for years, but never made it into print on Fred Collins.


71

Yes, let’s once again, screw over the Native tribes. We’re so good at it…


-64

Did you read the article?


67

It’s called sarcasm atleast that’s how read it.


-17

Well, it was, until someone didn’t get it…


-12

Based on the number of downvotes, it is safe to say you failed to successfully convey sarcasm. Next time maybe add the sarcasm notation <sarc> at the end of your comment to eliminate any doubt.


4

Yes. It clearly states that the federally recognized Chumash tribe, wants the dunes to stay open.


The government, however, in their magnanimous position of authority over all that is seen, decided to consult the FAKE Indians who speak with forked tongue, and, once again, take away control of lands of the REAL Indians.


Just like the government has been doing to the Indians for over 400 years in America.


I would suggest, you go back and read it again.


4