The Kitanemuk Tribe of Tejon Indians has for several years tried to secure a commitment from DOE and OXY that they will provide adequate protection of the 91+ culturally sensitive sites on the Elk Hills property Oxy purchased from DOE in 2/1998. To date there has been no commitment to provide adequate protection of those sites, even with a Federal Court Agreement between DOE and OXY to complete legally required archaeological surveys which had a deadline of 2/5/2001. A last minute plan to implement a program of ‘minimum data recovery’ on the 8 sites eligible for inclusion into the National Register of Historical Places was postponed. (The Tribe was notified by letter from Oxy dated 2/9/2001.) Data recovery is a term used by archaeologists to collect artifacts from an archaeological dig which they deem should be collected and curated at an authorized curation facility. The curated collections will be used to study the material culture of the Tulamni Yokuts of Elk Hills. The Tribe is firmly against any chemical testing of human remains, grave goods, and all affiliated materials of the culture. To the living descendents, this practice is demeaning, cruel and inhumane.
The Federal Court Agreement had been implemented by Fresno Federal Court when in 1/1998 the Tribe and the Sierra Club filed a lawsuit in Fresno. The filing # CIVF-98-5100 OWW DLB was filed to secure a restraining order against DOE to prevent the sale to OXY from being finalized, pending resolution of the protection of the cultural sites on the property, and protection for the endangered species (ESA).When the court did not grant the restraining order, the Tribe filed an appeal at the 9th Circuit Court of Appeals in San Francisco. The 9th Circuit also denied the restraining order. Since 1/1998, the 9th Circuit Court of Appeals has also rendered its opinion that Oxy was not required to uphold the Endangered Species Act (ESA) from the purchase of Elk Hills.
Cumulatively, the land transfer of Elk Hills from DOE to Oxy has resulted in a death blow not only to the Native American Tulamni Yokuts culture, and culturally sensitive sites on the property, but to the endangered species as well. With all the Federal Laws in place to protect Native American culturally sensitive sites, including the Endangered Species Act, legally, we have become powerless in the legal arena.
Even though the law has failed in assisting the Tribe to protect the culturally sensitive sites on the Elk Hills property, we continue to bring this information to the general public, and other Indian Tribes, (recognized and unrecognized) in the form of public education, presentations at schools, institutions of higher learning, cultural programs, radio talk shows, flyers, and a 25 mile walk from Bakersfield to the front gate to the Elk Hills property (WALK FOR LIFE). A web site is also under construction and will be online at a later date.
The Tribe remains firm that ‘adequate protective measures’ are necessary to protect the culturally sensitive sites on the property. Although the Tribal people cannot and have not been allowed to live on the property for some time, it is still the homeland of the people. The harsh removal of the Tribe which included death, remains as a bitter reminder and memory of the deadly force the government can render against innocent people. To continue this practice only promotes further bitterness, and inability to heal.
The oil and natural gas on the Elk Hills property can be taken without such devastating destruction to the cultural sites, with modern technology that has existed for some time. The Tribe has not denied OXY removal of the oil, only that they provide adequate protection for the sites.
The Tribe continues to work dilligently with the State of California-Native American Heritage Commission, and the State of California, Office of Historic Preservation for intervention as the damage continues.The Tribe asks why the culture of the Tulamni Yokuts of Elk Hills is regarded as of no value. Why is the culture – minimalized??? Why are oil revenues more important than culture which is the life of people. The Tribe’s Creation Stories tell us that we have lived there since the beginning of time. What is the true cost of oil development when the imprint of cultures are destroyed forever before the very eyes of the descendent people??
The Tribe’s ‘ WALK FOR LIFE’, has become an annual event, and takes place on the first weekend in November. Culture is the life of people and the culture of the descendents of Elk Hills is valuable as is the life of the endangered species and their habitat. The Walk for Life honors our families, the walkers, our supporters, all those who seek justice for all in the world, all the animals, the ancestors on the Elk Hills property and those who suffer injustices.
Dee Dominguez, Tribal Chairwoman
981 N Virginia, Covina, CA 91722
(626) 339-6785,
e-mail deedominguez@juno.com
You can write your concerns to the following organizations: State of California, Native American Heritage Commission
Larry Myers, Executive Secretary
915 Capitol Mall, Room 3764
Sacramento, A 95814
(916) 653-4083
State of California, Office of Historic Preservation
Dwight Dutsche, Director
1416 Ninth St
Sacramento, CA 94296-001
Advisory Council for Historic Preservation
(303) 969-5110
Department of Energy
1601 New Stine Rd, Suite 240
P O Box 12041 Bakersfield, CA 93389-2041
Occidental of Elk Hills
Dennis Newman, Jan Sieving
28590 Highway 119
P O Box 1001 Tupman, CA 93276-1001
