REPORT TO CITY COUNCIL
SUBJECT
Title
Action on Council Request (Council Policy 030) for a Resolution in Support of Muwekma Ohlone Tribe being Recognized
Report
BACKGROUND
At the March 24, 2026, City Council meeting, a motion was made by Vice Mayor Gonzalez and seconded by Councilmember Cox, to agendize a resolution in support of federal recognition for the Muwekma Ohlone Tribe (Tribe) at a future meeting date uncertain.
DISCUSSION
The Muwekma Ohlone Tribe is composed of descendants of the Ohlone (also known as Costanoan) people, who historically inhabited areas across present-day San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, and portions of Napa, Santa Cruz, Solano, and San Joaquin counties. The Tribe traces its documented ancestry primarily to the historic Verona Band of Alameda County.
The Verona Band of Alameda County, now associated with the Muwekma Ohlone Tribe, was previously recognized by the federal government. Federal records indicate that the group’s federal acknowledgment status changed in the early 20th century through administrative actions by the Bureau of Indian Affairs (BIA), including actions taken by the Sacramento Indian Agency.
In 1989, the Muwekma Ohlone Tribe submitted a petition for federal acknowledgment under the BIA’s Federal Acknowledgment Process (25 CFR Part 83). The federal acknowledgment process provides an administrative pathway for tribes to seek recognition and requires petitioners to demonstrate satisfaction of specific regulatory criteria related to historical continuity, community, and political authority.
There are three primary pathways through which federal recognition of a tribe may occur:
1. Administrative acknowledgment through the BIA Federal Acknowledgment Process;
2. An act of Congress; or
3. A federal court decision reviewing agency action.
Each pathway relies on legal and evidentiary standards, including historical, anthropological, and genealogical documentation, to establish a continuous tribal existence under federal criteria.
In 2001, the BIA issued a Proposed Finding that the Muwekma Ohlone Tribe did not meet the criteria for federal acknowledgment. In 2002, the Assistant Secretary of Indian Affairs issued a Final Determination affirming the denial of federal acknowledgment. The determination found that the Tribe did not meet all required criteria, including demonstrating continuous identification and community and political influence or authority for the required period under federal regulations.
The Tribe subsequently challenged the determination in federal court in 2003. In 2011, the U.S. District Court upheld the BIA’s decision. In 2013, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the lower court’s ruling.
Following the completion of administrative and judicial review processes, the Tribe has continued to pursue federal recognition through legislative advocacy, including seeking congressional support for federal acknowledgment.
Federal recognition establishes a formal government-to-government relationship between a tribe and the United States and may provide eligibility for certain federal programs and services administered through agencies such as the Bureau of Indian Affairs and the Indian Health Service. It may also support tribal governance functions, land-into-trust consideration, economic development opportunities, cultural resource protections, and participation in federal consultation processes.
Federal recognition by Congress or any other pathway is a federal determination and does not in itself require or mandate local government action, including land transfers or authorization of specific development activities. Local jurisdictions may maintain independent relationships with tribal or Indigenous organizations regardless of federal recognition status.
The Muwekma Ohlone Tribe has received prior support or correspondence regarding federal recognition from various public entities, including:
• San Francisco Human Rights Commission (resolution adopted September 10, 1992)
• City of Union City (Resolution No. 2025-107, June 22, 2025)
• City of Livermore (letter of support dated August 4, 2025)
In addition, on September 17, 2024, the City of San José City Council received an informational report regarding a proposed resolution supporting federal recognition of the Muwekma Ohlone Tribe. The report included correspondence from members of the congressional delegation outlining differing perspectives regarding the proposed action.
In the attached letter dated August 7, 2024, Congresswoman Zoe Lofgren expressed concerns regarding congressional support for federal recognition of the Muwekma Ohlone Tribe, noting that the Tribe previously completed the federal acknowledgment process through the BIA, which resulted in a 2002 Final Determination denying recognition. The Tribe’s subsequent legal challenges were reviewed by federal courts, which upheld the agency’s decision. Congresswoman Lofgren noted that congressional action to grant federal recognition following a denial by the BIA would be unprecedented and could raise concerns regarding consistency and fairness within the federal recognition process. She also expressed concerns regarding portions of the proposed resolution language that focus on the process the tribe underwent but not the conclusion of that process.
In the attached letter dated August 22, 2024, Congresswoman Anna G. Eshoo expressed concerns regarding legislative proposals for tribal recognition. She noted that, in previous instances, Congress has enacted tribal recognition legislation that included provisions related to gaming restrictions, and that several federally recognized tribes in recent years have been subject to such limitations.
She further stated that discussions with the Muwekma Ohlone Tribe’s leadership have included differing perspectives regarding the inclusion of gaming related provisions in any potential recognition legislation. She indicated that these differing positions have contributed to challenges in reaching consensus among members of the Bay Area congressional delegation and have limited opportunities for further engagement on broader questions regarding whether and how legislative recognition should be pursued.
On March 5, 2025, the Muwekma Ohlone Tribe submitted a request to the federal government regarding land at the Presidio of San Francisco and announced the “Landback Presidio” initiative. The stated objectives of the initiative include:
• Acknowledge Injustice: Recognize the historical injustices faced by the Muwekma Ohlone people and foster reconciliation.
• Dissolve the Presidio Trust: Advocate for the dissolution of the Presidio Trust to streamline governance and reduce federal bureaucracy.
• Establish an Indian Reservation: Proclaim the Presidio as an official Indian Reservation for the Muwekma Ohlone Tribe.
• Cultural Renaissance: Elevate the Presidio as a global destination that reflects Ohlone culture and traditions, promoting tourism that honors our heritage.
While the City acknowledges and respects the advocacy efforts related to federal tribal recognition, such matters fall under federal jurisdiction. The City does not have a role in the federal acknowledgment process and is not positioned to determine or evaluate federal recognition decisions or their legal outcomes. The City is not positioned to fully assess the broader implications or consequences associated with supporting federal recognition of the Muwekma Ohlone Tribe.
The City of Santa Clara remains committed to recognizing and honoring Native American communities and their contributions. This includes:
• Annual recognition of Native American Heritage Month in November
• Hosting of a Land Acknowledgment Ceremony and presentation in partnership with Muwekma Ohlone representatives in November 2024
• Inclusion of a land acknowledgment statement referencing the Muwekma Ohlone during the 2025 State of the City address
FISCAL IMPACT
No Fiscal Impact.
COORDINATION
This report was coordinated by the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Provide a letter of Support for the Muwekma Ohlone Tribe
2. Receive and file the report.
RECOMMENDATION
Recommendation
Receive the report and provide input or further direction to staff on the adoption of a Resolution supporting Federal Recognition of the Muwekma Ohlone.
Staff
Reviewed by: Paulina Morales, Assistant City Manager
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Draft Resolution Supporting Federal Recognition of the Muwekma Ohlone Tribe
2. Resolution & Letter from Union City dated August 5, 2025
3. Support letter from City of Livermore dated August 4, 2025
4. Letters from Congresswomen Anna G. Eshoo and Zoe Lofgren to San Jose City Council
5. Muwekma Ohlone Tribe letter to United States President Requesting Presidio of San Francisco
6. The Federal Recognition of Tribes; Frequently Asked Questions dated March 30, 2026