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Advisory Council on California Indian Policy facts for kids

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The Advisory Council on California Indian Policy (ACCIP) was created by the United States Congress and signed into law by President George H. W. Bush on October 14, 1992. This special council had eighteen members. Its main job was to study the unique challenges that California Native Americans faced when trying to get official recognition from the U.S. government.

The council also looked into the social and economic conditions of California Native Americans. They faced tough challenges like health issues, family problems, limited chances for education and jobs, and difficulties in building their tribal economies. The ACCIP was supposed to give advice and recommendations about California Indian policy to Congress and to the Departments of the Interior and Health and Human Services.

Understanding Federal Recognition

The ACCIP was very important for California's tribes that had lost their federal recognition or had never received it. In 1978, the Secretary of the Interior created the Federal Acknowledgment Process (FAP). This process was designed to decide which Native American groups would be officially recognized by the U.S. government.

Why Recognition Was Hard for California Tribes

The FAP had strict rules. For example, a group had to show it lived in a distinct community, had always been known as a Native American group, and had political influence over its members for a long time.

However, a report from the UCLA American Indian Studies Center in 1996 explained why these rules didn't fit California Native Americans. The Federated Indians of Graton Rancheria agreed, saying:

This rule might work for many tribes outside California, like the Navajo or Sioux. But it's not fair for California tribes because of California's unique and sad history with its Native people. As California tribes were broken apart, their main goal became survival, not governing themselves. This was true for the Coast Miwok, the Southern Pomo, and others.

Before the United States took over California after the Mexican–American War, the Spanish mission system greatly disrupted Native American life and populations. After California became a state, the U.S. made eighteen treaties with California Native American groups. These treaties promised to set aside about 8,500,000 acres (34,000 km2) of land for them. But these treaties were never officially approved by the government. Many Native Americans were moved to small reservations or rancherias. Others continued to live on their traditional lands without federal protection.

The American Indian Studies Center Report pointed out that by making treaties, the U.S. government had already recognized these California Native American tribes. So, they argued, these tribes should not have had to go through the FAP. Also, the history of missions and the reservation system caused tribal groups to be broken up and separated. These experiences made it very hard for California's tribes to meet the FAP's strict rules. The ACCIP was created to help with this problem.

However, President Bush signed the bill with the understanding that the ACCIP would only give advice. The ACCIP's powers were later expanded in 1998 to allow it to advise Congress on how to put its recommendations into action. But its influence on California Indian Policy remained limited. Because of this, the council has had mixed success in helping California Native American tribes get federal recognition.

ACCIP's Efforts and Impact

The ACCIP worked to help tribes gain recognition. Some tribes found success, while others continued to face challenges.

Challenges for Tribes: The Muwekma Ohlone Example

The Muwekma Ohlone Tribe from the San Francisco Bay Area is one tribe that struggled to get federal recognition. This was true even with help from the ACCIP and their own hard work. On September 9, 2002, the Bureau of Indian Affairs (BIA) decided not to recognize the Muwekma Ohlone Tribe. The BIA said the tribe didn't meet three of the seven FAP rules.

One rule the BIA said the Muwekma Ohlone failed was:

The group asking for recognition must have kept political authority or influence continuously from historical times until now. The Assistant Secretary decided that the group did not meet this rule. It did not show that it had kept "political influence or authority" over its members since 1927.

The Muwekma Ohlone Tribe has argued against the BIA's reasons. Even without their arguments, the BIA's decision didn't fully consider the unique historical events that prevented California Native Americans, like the Muwekma Ohlone, from fitting the FAP's strict rules.

Successes for Tribes: The Graton Rancheria Example

The ACCIP did have some successes in helping California Native American Tribes get federal recognition. On December 27, 2000, President Clinton signed a law that officially recognized the Federated Indians of Graton Rancheria again. This happened because the ACCIP recommended it.

The Graton Rancheria Tribe was one of many tribes that Congress stopped recognizing in 1958. This period, called the "Termination Era," lasted from the late 1940s to the early 1960s. It ended during the Nixon administration, mostly because Native American activists and many others opposed the policy. In 1970, President Nixon spoke out against termination and supported a new policy called "Self-Determination." Many terminated tribes managed to get their recognition back. However, California Native Americans faced special difficulties. With its direct access to Congress, the ACCIP made the recommendation that helped the Graton Rancheria gain recognition.

Why Recognition Matters

Official federal recognition for tribes is extremely important. It is directly connected to the other problems the ACCIP was meant to address, such as the ongoing social and economic challenges faced by California Native Americans.

As the UCLA American Indian Studies Center report to the ACCIP explained, "In most cases, unrecognized tribes receive no funding at all from the federal government." Without recognition, tribes cannot get the money needed for programs to reduce poverty by improving education and job opportunities. It also creates barriers to improving health care. Finally, tribes without recognition have limited ability to protect their cultural heritage, including sacred sites.

The Advisory Council on California Indian Policy Extension Act of 1998 extended the life of the council until March 31, 2000. But for many tribes, the fight for recognition continues.

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