The Muwekma Ohlone Tribe's Federal Recognition, Slow Political Erasure, and Consequent Struggle to be Seen

The Muwekma Ohlone Tribe consists of descendants of the Verona Band of Alameda County and is associated with one of the longest-documented indigenous communities in the San Francisco Bay Area, with archaeological evidence indicating habitation for over 10,000 years. The tribe's efforts toward federal recognition in the modern era began in the early 20th century, influenced by U.S. policies addressing California's 18 unratified treaties from 1851–1852. This period, from 1905 to 1978, includes the Verona Band's documented interactions with federal agencies from 1914 to 1927, involving censuses, land purchase considerations, and enrollments under jurisdictional acts. These interactions ended following a 1927 agency report, after which the band received no further collective federal oversight, despite the absence of congressional disestablishment. This phase laid the groundwork for later community reorganization and petitioning, based on federal records, agency correspondence, and anthropological documentation.

1905–1913: Censuses, Landless Communities, and the Verona Band Designation

In the early 1900s, federal efforts to address the unratified treaties included surveys of surviving California Indian groups. In 1905, following advocacy by organizations such as the Northern Association for California Indians—which petitioned Congress and President Theodore Roosevelt in 1904 regarding Costanoan communities near Pleasanton and Niles—Special Indian Agent Charles E. Kelsey was tasked by the Commissioner of Indian Affairs with conducting a census of landless tribes. Kelsey's survey in Alameda County identified about 43 individuals who are direct ancestors of Muwekma members, located at the Alisal Rancheria in Pleasanton and El Molino Rancheria in Niles. This included families such as the Marines, Santos, Colos, and Peraltas. The census recorded 29 individuals at Pleasanton and 14 at Niles, noting their descent from Mission San Jose neophytes, along with patterns of intermarriage and residence near former rancherias.

These findings contributed to the 1906 Congressional Appropriation Act, which provided funding for homesite land purchases for California Indian bands identified under the unratified treaties. The Verona Band—named for the Verona railroad station and settlement on Phoebe Apperson Hearst's Hacienda del Pozo de Verona property, where many families lived—served as a federal designation for these groups. However, due to limited funds and resistance from landowners, no land acquisitions were completed for the band, despite its eligibility.

The 1910 U.S. Federal Census Indian Population Schedule for Pleasanton Township listed 17–19 residents at "Indian Town" (Alisal Rancheria), including individuals such as Mercedes Marine, Beatrice Peralta (Marine), Dario Marine, and Albert Marine (Arellano). That year, a fire destroyed much of the rancheria, including dwellings and a sweat lodge, leading to further displacement of families. In 1910, Kelsey issued an official Indian Service Bureau map on July 1, designating the combined communities of Niles, Sunol, Pleasanton, Livermore, and Mission San Jose as the "Verona Band," encompassing approximately 30 individuals eligible for appropriations under the 1906 and 1908 acts. Additional maps from 1911–1913, submitted to the Indian Service and Congress, depicted the band as a unified group under federal jurisdiction, though it remained without reserved land and was affected by regional development, including railroad expansion.

These federal censuses and maps provide the basis for subsequent descent claims, with tribal records indicating that 99% of current Muwekma members trace their ancestry to the enumerated individuals or their siblings. The period highlighted challenges in implementing federal commitments, as families such as the Colos (e.g., Angela Colos and grandson Joseph Garcia, listed in 1900 and 1905–1906 records) faced ongoing economic and cultural pressures.

1914–1927: Federal Interactions, Oversight, and the End of Agency Reporting

Federal correspondence in 1914 marked the start of more direct engagement with the Verona Band. Special Indian Agent C.H. Asbury of the Reno Agency communicated with the Bureau of Indian Affairs (BIA), listing "Verona 30" as eligible for homesite purchases under existing appropriations. Asbury's December 7 report referenced Kelsey's earlier data: "The list is given to me by Mr. Kelsey... is as follows: Verona 30." This initiated a period of agency oversight, with responsibility alternating between the Reno and Sacramento agencies from 1906 to 1927. Annual agency reports supported this status; for example, the 1923 Reno Agency report by Superintendent James Jenkins included "Alameda (County) Verona 30" among non-reservation Indians under jurisdiction, indicating ongoing external identification.

Families maintained social connections during this time through kinship networks, including four documented Indian-to-Indian marriages between 1911 and 1930, oral traditions, and cultural practices, despite increased dispersal after the 1910 fire. Ethnographer John Peabody Harrington conducted interviews with elders in the 1920s, recording narratives that preserved linguistic and historical knowledge. Land purchase initiatives, however, did not advance; by 1923, no acquisitions had occurred, attributed to rising land costs and limited agency resources.

In 1927, as part of congressional budgeting for Indian lands, Sacramento Superintendent Colonel Lafayette A. Dorrington was instructed in January to prepare a list of needs. His report, issued on June 23, addressed 135 bands, including the Verona Band, without on-site visits or direct consultations. It described the group as "one... commonly known as the Verona Band, which consists of about thirty individuals, located near the town of Verona; these Indians were formerly those that resided in close proximity of the Mission San Jose," and stated: "It does not appear at the present time that there is need for the purchase of land for the establishment of their homes." This assessment resulted in the discontinuation of federal reporting on the band as a collective entity, making it ineligible for programs such as the 1934 Indian Reorganization Act. No congressional legislation formalized this change, and subsequent BIA records noted that the group was no longer addressed administratively.

1928–1959: Enrollments, Education, and Scholarly Documentation

After 1927, federal records did not reference the Verona Band collectively, leading to the loss of access to group-specific services and contributing to integration into broader wage labor, such as in agriculture and railroads. Individual connections persisted through mechanisms like the 1928 California Indian Jurisdictional Act, which allowed claims related to unratified treaties. Under this act, 18 applications from Verona descendants resulted in the enrollment of 55 members identified as "Mission San Jose Tribe" or "Ohlone," separate from other California groups among approximately 17,000 total applicants.

Federal Indian boarding schools offered occasional points of contact. For instance, Domingo Marine attended Sherman Institute in Riverside from 1931 to 1940, and John and Reyna Guzman attended Chemawa Indian School in Oregon from 1944 to 1947. Between 1948 and 1957, at least 21 heads of Muwekma households received approval for enrollment by the Secretary of the Interior and were included on the 1953 BIA roll (e.g., Roll No. 106: Phoebe Alaniz, "Tribe Mission San Jose"; Roll No. 150: Joseph Francis Aleas, "Tribe Mission San Jose"). These listings confirmed individual descent but did not extend to tribal status.

Scholarly efforts also documented continuity. The 1954–1955 study by Alfred L. Kroeber and R.F. Heizer, Villages and Homelands of the Northern and Central Ohlone, along with related work on population persistence from 1770/1848 to 1955, recorded Costanoan descendants at the San Jose Mission area, including 12 individuals at the Pleasanton refuge. Their analysis of 491 families emphasized mission-era bands like the Verona, challenging earlier assumptions of population decline.

1960–1978: Community Organization and Early Advocacy

The 1960s and 1970s saw increased community initiatives amid limited federal engagement. The passing of elders, such as Maggie Pinos in 1960 and Dario Marine in 1969, highlighted the need for preservation, during a period with only one documented Indian-to-Indian marriage after 1930. On July 23, 1966, Rupert Costo of the American Indian Historical Society and Philip Galvan wrote to Congressman Don Edwards, providing Ohlone historical materials and a deed for the 0.98-acre Ohlone Indian Cemetery near Mission San Jose, and requesting its designation as a national historic site under community stewardship.

Enrollments under the Jurisdictional Act continued, with 19 heads of households approved between 1969 and 1971. In 1971, descendants formed the Ohlone Indian Tribe, Inc., as a nonprofit for cultural activities, referenced in local documents (e.g., a 1973 historical account by Fava; a 1974 California State Department of Parks and Recreation inventory describing the cemetery as "Ancient burial place for Ohlone Indians and for Indians of Mission San Jose... Owner: Ohlone Indian Tribe"). Access disputes at the cemetery from 1963 to 1971 reflected external recognition of the group as a Native entity, though not at the federal level.

By 1978, as the BIA compiled its first list of recognized tribes for the Federal Register, Verona Band descendants—connected through genealogical records, church documents, and enrollment rolls (e.g., 67 individuals from 1927 records, leading to 41 descendant lines)—were preparing for formal petitioning. This era, from initial censuses to the end of agency reporting, established key evidentiary records, with later BIA reviews confirming descent from the 1905–1910 groups, while the post-1927 period represented a gap in administrative documentation.

The Muwekma Ohlone Tribe's Federal Recognition Efforts: 1978–2026

The Muwekma Ohlone Tribe, descendants of the Verona Band of Alameda County, maintains ties to the indigenous peoples of the San Francisco Bay Area, supported by archaeological evidence of presence for over 10,000 years. The tribe had federal interactions as a distinct entity from 1914 to 1927 through the Bureau of Indian Affairs (BIA) and Department of the Interior (DOI). It was not included on the BIA's initial 1979 list of recognized tribes published in the Federal Register. This omission initiated a multi-decade process for acknowledgment through the administrative framework established in the late 1970s. From 1978 to 2026, the period covers the development of the BIA's formal procedures, administrative reviews, federal court proceedings under the Administrative Procedure Act (APA), legislative initiatives, and public campaigns.

1978–1989: Omission from Federal Lists, Reorganization, and Initial Petition Intent

The BIA's acknowledgment process took shape in 1978 amid reviews of federal-tribal relations following mid-20th-century termination policies. The agency's first comprehensive list of recognized tribes, published in the Federal Register on April 4, 1979 (44 FR 20230), did not include the Muwekma, despite prior Verona Band documentation. This exclusion occurred without associated hearings or notices and limited access to federal programs, building on earlier historical displacements.

In the early 1980s, Muwekma families—largely descended from 1901, 1910, and 1928 Mission San Jose and Pleasanton censuses—began formal reorganization. In 1982, the Committee to Establish the Tribal Council of the Costanoan Indians was formed, with Rosemary Cambra elected chairwoman, leading to the Costanoan (Ohlone) Tribal Council between 1982 and 1984. The council gained designation on California's Native American Heritage Commission Most Likely Descendant list for repatriation purposes under the 1990 Native American Graves Protection and Repatriation Act (NAGPRA). Initial activities included input on projects like the 1982 East Bay Regional Park District development at Ardenwood Preserve.

In March 1989, the council—then known as the Muwekma Ohlone Tribal Council—passed Resolution #111 to pursue federal acknowledgment. The BIA confirmed receipt on April 25 and June 16, 1989, noting the process's extended timeline and its role in establishing government-to-government relations. This placed the tribe in the acknowledgment queue, which soon faced a growing backlog.

1990–1999: Petition Filing and Early Administrative Delays

During the 1990s, the Muwekma prepared and submitted their petition amid procedural slowdowns. On January 24, 1995, at a White House meeting with President Bill Clinton, the tribe filed Petition #111, with documentation tracing 99% of members to Verona Band ancestors through federal censuses. This aligned with increased public recognition: a supportive resolution from the International Treaty Council on April 6, 1992; acknowledgment by San Francisco's Human Rights Commission on September 10, 1992; and a 1994 historical marker in San Jose at the Tamien Caltrain site affirming succession to aboriginal groups.

BIA evaluations supported aspects of the petition. A May 24, 1996, letter indicated prior federal acknowledgment of the Verona Band from 1914 to 1927. The November 1996 BIA "Working Paper on Previous Acknowledgment in California, 1887–1933" outlined interactions with non-reservation groups like the Muwekma. Sacramento BIA officials provided endorsements on January 23 and 27, 1998, referencing compliance with 25 C.F.R. § 83.8 for previously recognized entities and offering technical aid. On March 26, 1998, the petition moved to the "ready for active consideration" list, meeting documented evidence requirements for the seven Part 83 criteria, such as descent and community continuity.

Delays persisted due to the BIA Branch of Acknowledgment and Research prioritizing other petitions in a backlog exceeding 300. On December 8, 1999, the tribe initiated litigation in Muwekma Ohlone Tribe v. BIA (Civil Action No. 99-3114, D.D.C.), claiming APA violations from unreasonable processing delays. The case pointed to procedural issues, including influences from early 20th-century anthropological assessments, such as those by Alfred Kroeber, on California Indian documentation.

2000–2009: Legislative Proposals, Judicial Mandates, and Initial Determination

The 2000s combined congressional efforts with court oversight. On April 13, 2000, Rep. George Miller proposed the "California Tribal Status Clarification Act of 2000" (draft H.R. 4596), which would have confirmed Muwekma descent from the Verona Band and prior status without termination. In the delay litigation, U.S. District Judge Ricardo M. Urbina's July 28, 2000, memorandum noted early 20th-century DOI recognition of the Muwekma, a point reiterated on June 11, 2002. A January 16, 2001, court order required a final BIA determination by March 11, 2002.

The BIA issued its September 6, 2002, Final Determination, affirming criteria under § 83.7(d) (governing documents), (e) (descent), (f) (distinct community), and (g) (unique membership), but denying § 83.7(a)–(c) (historical community and political continuity from first contact). The agency cited diminished relations after 1927 and declined expedited review under § 83.8, recommending legislative resolution. California Lt. Gov. Cruz Bustamante called for reconsideration on August 29, 2002.

The tribe filed Muwekma Ohlone Tribe v. Norton (later v. Kempthorne, Civil Action No. 03-1231, D.D.C.) on June 6, 2003, contesting the denial under the APA and for disparate treatment compared to other California rancherias (e.g., Lower Lake, reaffirmed without full review). Oversight hearings featured Cambra's testimony on March 31, 2004, before the House Resources Committee and former Assistant Secretary Kevin Gover's April 21, 2004, comments on the process's rigorous standards, suggesting review for non-terminated groups like the Muwekma. A November 2001 Government Accountability Office report identified procedural gaps, and a 2002 BIA technical assistance review noted the tribe's strong evidence.

On March 6, 2008, U.S. District Judge Henry H. Kennedy Jr. remanded the matter to the BIA, finding the denial arbitrary and capricious for insufficient explanation of differences from comparable cases. The ruling upheld agency deference while mandating clearer reasoning.

2010–2013: Supplemental Evaluation and Appellate Review

Following the remand, the BIA released a February 16, 2010, Supplemental Proposed Finding, confirming prior recognition but denying under the full Part 83 criteria due to identified gaps in continuity. The tribe challenged this in Muwekma Ohlone Tribe v. Salazar (Civil Action No. 03-1231, D.D.C.), asserting that the 1979 omission amounted to termination without congressional authority, referencing United States v. Washington, 520 U.S. 843 (1997).

On September 28, 2011, Judge Amy Berman Jackson entered summary judgment for the BIA (708 F. Supp. 2d 39, D.D.C. 2011), concluding the supplemental review was adequate and not arbitrary. The court deferred to the BIA's historical assessments, differentiated the Muwekma from other rancherias based on record variations, and held that administrative omission did not equal formal disestablishment.

The Muwekma appealed to the U.S. Court of Appeals for the D.C. Circuit (Muwekma Ohlone Tribe v. Salazar, No. 11-5328). Arguments occurred on November 16, 2012, addressing disparate treatment and the 1979 list's effects. On March 1, 2013, a unanimous panel—Judges Karen LeCraft Henderson, David S. Tatel, and Thomas B. Griffith—affirmed the decision (708 F.3d 209, D.C. Cir. 2013), ruling that the BIA had complied with the remand and no termination had taken place. This concluded APA-based challenges, redirecting efforts to legislative and administrative avenues, as the decision emphasized executive authority in acknowledgment matters.