2010 THE BIA OBSTRUCTS ELEMS QUEST FOR ENVIRONMENTAL JUSTICE
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The flowing is a true history documenting my tribe and families intergenerational struggle for Environmental Justice to address the direct toxic fallout from the Sulphur Bank Mercury Mine on our people, environment and culture. However, this story also involves direct government corruption, cover up, and the overthrow of a federally recognized tribal government to prevent us from filling a landmark tribal/federal law suite against two Federal government (the BIA, & EPA Superfund) agencies.
The flowing is the history of the Eastlake tribe "Kom Fo"
- The How-cu-ma nation is one of the oldest documented tribal nations on the pacific coast with a 22,000 thousand year old history. The How-cu-ma nation consisted of three of the oldest fishing tribes in California who's main villages were located on three different Islands in Clearlake, Lake County, CA. The Elem (East lake) tribe, Village on Elem modun Island a.k.a. Rattlesnake Island the Koi on Koi Modun a.k.a. Indian Island in Clearlake, and the Kamdot tribe on Kamdot Island a.k.a. Buckingham/Anderson Island. Elem Chief Chi-Bee signed the 1852 Treaty on behalf of the How-cu-ma nation.
- In 1906, the federal government purchased 88 acres of land which included Elem Island a.k.a. Rattlesnake Island.
- In 1949, the government allowed Elem modun Island to be sold, the tribe was not informed of the federal court case, of which Rattlesnake Island under the legal term Laches was taken away from the Elem tribe without their legal knowledge and testimony.
- The government
History of Elem's Toxic Legacy
The illegal underground and open pit Mining of Elem lands began from 1865-1957 land locking the Tribe's right of way. Plus contaminating aboriginal homelands fish, wetlands with high levels of mercury, arsenic and acidic rainwater. In 1852 Elem signed the federal treaty with California tribes. In 1906 the federal government purchased 88 acres of land for the East Lake Tribe. Due to the local Sulphur Mine the tribe was miss-named the "Sulphur Banks Indian Rancheria" by the BIA. later Changed to the Elem Indian Colony. in 1949, Rattlesnake Island 33 acres was taken away without the tribes knowledge.
In 1972, after a public out cry, exposing the unhealthy living conditions at the Elem Reservation then named by the BIA the Sulphur Banks Indian Rancheria a federally recognized California Indian reservation. For the first time BIA provided 13 new pre-fab homes, running water and paved roads to the tribe for the first time. However, The BIA Road Department did not comply with section 106 of the Historic preservation act. Plus too get cheap land file material the road department used midden destroying many Elem sacred sites and most unprofessionally, purchased the toxic mine tailings from the Sulphur Bank Mercury Mine to use and land fill for the new homes, roads and sanitation.
Everytime the tribe question this BIA project we were threatened with defunding of our tribal government, if we continued to question the BIA, Additionally the Supervisor of the Road Department became the Superintendent of the Central California Agency. This is when the Elem tribe helped nominate the Toxic Sulphur Bank Mercury site to the Region 9 Superfund priority list in 1990., thus receiving funding to help address this environmental disaster negatively impacting the health of the Elem tribal community.
The BIA refused to address their environmental disaster until the tribe got the site nominated under the EPA Superfund sites National Priorities List for clean up, in 1990. Unfortunately, in 2006, once again another federal agency the U.S. EPA Superfund did not comply with Section 106 of the Historic Preservation Act. Two artifacts were found at Elem dating 14,000 and 22,000 thousand years old, the Superfund Contractor destroyed 7,000 cubic feet of cultural soils ware these artifacts were discovered by tribal hired Archeologist during this 2006 EPA Superfund project.
Please see:( 1). Oct. 18, 2006 letter from John T. Eddings, Ph.D. ACHP to Mr. Keith A. Takata, Director Superfund Division EPA.
( 2). The 2007, Cultural Resource Inspection of the Elem Indian Colony by Dr. John Parker PhD, RPA ARPA permit # BIA/PRO-06-04-J54 (577)
Environmental Justice
the Public will be asked to help us Reverse the illegal tribal dismemberment of half the tribal membership and their families. Return our Civil Rights and membership rights. To seek an independent Investigation of both federal agencies the BIA and U.S. EPA Superfund, who directly violated federal law and participated in the 2010, overthrow of the Elem tribal government to prevent the tribe from filing a major law suit for their 2006 violation of Section 106 of the National Historic Preservation Act. (See 2007 Parkers & Associates Archaeological Research entitled Cultural Resources Inspection of the Elem Indian Colony and 2004 National Register of Historic Places application).
Photo Gallery
Mining History In 1865 the Sulphur Bank Mine was the first mine to extract Sulphur in California. In 1873 the mine reopened as a quicksilver mine during WWI and during WWII more aggressive mercury mining digging below the lake water table.
(Arial Photo by JB3) Showing the creeks directly flowing from the Sulphur Bank Mine into Clearlake.
(Photo by JB3) Sulphur Bank Mine during WW II begins diggings below the Clearlake Water table for Mercury. Contaminating all the fish and fresh water plants.
The Mining company took over the tribes entrance road in 1945 Since then . the school bus didn't came into the Elem Reservation until 1968. The Elem children had to walk to the shed in the photo to catch the school bus for 23 years.
The Herman Pit was dug below the lakes water table!
Historic 1906 Photo of Elem's Sacred Landscape call Kom-fo or East Lake.
Buckeye was an Island, until the mining company illegally built a dyke system to hold the toxic run off and destroyed this natural wetlands.
Massive fallout and contamination from the Sulphur Bank Mercury Mine dumped with no regard for the People, waters, fish and plant life. Contaminating all the fish in L who are left with a toxic legacy.
In 1972 the BIA built a new Road "right of way" road, that they also used the Mercury Mine tailings for road fill!
Through the Lens of Giving: East Lake Tribe in Pictures
