The Southern Sierra Miwuk Nation have been petitioning for federal acknowledgement since 1982, but the Office of Federal Acknowledgement has repeatedly declined to recognize the group as a real tribe.
stated that the Southern Sierra Miwuk did not meet the criterion that"a predominant portion of the petitioning group comprises a distinct community and has existed as a community from historical times until the present." The OFA ruling went on to state that the Southern Sierra Miwuk were instead composed of small groups of other Native American tribes.
By declining to acknowledge the Miwuk as a tribe, the OFA has refused the group the right to develop housing in their designated homeland as well as federal funding for education, medical care, and other services afforded by the Native American Graves Protection and Repatriation Act, Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and the Indian Child Welfare Act.
The Miwuk have acknowledged that Yosemite's recognition is basically moot without the federal acknowledgement.
"The way in which the Proposed Finding was issued—rejecting our petition on the basis of a single element of one of the seven mandatory criteria for federal acknowledgment without addressing the historical context of our connection to our historical tribe—is inconsistent with applicable federal regulations and precedent, and possibly inconsistent with OFA's own professional and peer review standards," the tribe argued.
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