how was the reservation established?
DESCRIPTION
1876 - President U.S. Grant establishes the Reservation by executive order. Only Sections 14 & 22 (East ½). How was the Reservation established?. 1877 – President Hayes expanded and divided the Reservation into a checkerboard pattern Even-numbered sections for the Tribe - PowerPoint PPT PresentationTRANSCRIPT
1876 - President U.S. Grant establishes the Reservation by executive order.
Only Sections 14 & 22 (East ½)
How was the Reservation established?
1877 – President Hayes expanded and divided the Reservation into a checkerboard pattern
Even-numbered sections for the Tribe Odd-numbered sections to the Southern Pacific Railroad
32,000+ acres retained by Tribe
1887-1934: Assimilation of Indians
1934-1952: Self-Determination
1953-1969: Termination of Indians & Tribes
1970-today: Pro-Tribal sovereignty measures passed by Congress
Changing Federal Policies
PURPOSE: to break up the Reservation system General Allotment Act of 1887
Allotments ordered but not made Dawes Act of 1887
Allotted land to each Indian based on position within family
Mission Indian Relief Act – 1891 Allotments ordered again but still not made
Congress directs BIA to make allotments – 1917 50 allotments submitted but no approvals given
50 allotments submitted in 1927 to no avail
Allotment Era1887 To 1927
Equalization Act – 1959 Equal allotments based on property values made
to all Tribal Members 2,111 acres reserved for the Tribe as a whole Over 90% of Reservation allotted
Allotment Era1927 To 1959
Tribal Trust lands are held in common trust for all members of the Tribe.
Allotted Trust lands are the lands that were apportioned to individual Tribal Members.
Fee lands were originally allotted to a Tribal Member, but have been sold to another entity under the auspices of the BIA regulatory authority.
Reservation Land Status Today
Bureau of Indian Affairs created in 1824 Palm Springs Agency Office – 1937
Serves only the Agua Caliente Tribe and its Members/Allottees
Pacific Regional Office in Sacramento
Tribal/BIA Relationships
Acts as trustee of Trust Assets such as land and funds
Public services to Tribes
Indian property management collaboration
Approves all property transactions
BIA Functions
Tribal Government
Tribes are sovereign governments 1831 - Chief Justice Marshall describes
Tribes as: Domestic Dependent Nations “distinct political societies separated from
others” “capable of managing its own affairs and
governing itself”
Agua Caliente Tribal Government
Tribal Council – 5 members and proxies Indian Planning Commission
7 members advisory to Tribal Council
Tribal Administration Planning & Development Department Agua Caliente Development Authority
Created out of 1st Tribal Ordinance in 1966 Structure:
5 Commissioners 2 Alternates Minimum of 2 Commissioners be Tribal Members
Purpose: Review all land use matters that could affect the
Reservation Provide land use recommendations to the Tribal
Council
Indian Planning Commission
1876: Reservation established 1938: Palm Springs incorporated 1954: Tribal Council formed 1977: First Land Use Agreement with the
City of Palm Springs 1987: Cathedral City Land Use Agreement 1989: Riverside County Land Use Agreement 1998: Rancho Mirage Land Use Agreement
Intergovernmental Relationships
Regional Transportation Partners
Coachella Valley Association of Governments
Southern California Association of Governments
Reservation Transportation Authority
1939: Maximum 25-year leases allowed by BIA
1950’s: Right-of-way issues Section 14 Creation of Tahquitz Canyon Way
1959: First 99-year leases allowed Land for airport sold to the City by allottees Spa Hotel
Tribal Land Use Issues
1965: Palm Springs’ 1st General Plan Tribe sues on jurisdictional issues
1965: City issues stop order on Tribal Land City requires building permit at the
Tribal cemetery
1977: Santa Rosa Band v. Kings County Court let stand decision that neither states nor
cities had authority to regulate Indian Lands
City/Tribal Land Use Issues
Palm Springs and Tribe agree: City acts as Tribe’s agent City allowed to collect fees Consultation with the Tribe Can appeal City decisions to Tribal Council
Only 23 appeals since 1977 Tribal Council has final say 30-day notice to cancel contract 5 supplements to the original Agreement
1977 Land Use Agreement
Tribal Planning & Development
Consists of 4 Divisions headed by the Chief Planning & Development Officer Planning & Natural Resources Economic Development Construction Tribal Historic Preservation Office
Tribal/City/Federal Partnership
Section 14 Master Plan
Belardo Bridge & Roadway Expansion
South Palm Canyon Road
Bob Hope/I-10 Interchange
Fee Properties
City/County permitting
Allotted Properties
City/County permitting
Indian Planning Commission review
Tribal Council recommendation
Tribal Properties
Sole Authority with Tribe Consultation with Local Governments
Entitlements & Permitting
Questions?