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How was the Reservation established?

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

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How was the Reservation established?

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  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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” Tribal Government

  9. Tribal Council – 5 members and proxies Indian Planning Commission 7 members advisory to Tribal Council Tribal Administration Planning & Development Department Agua Caliente Development Authority Agua Caliente Tribal Government

  10. 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

  11. 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

  12. Coachella Valley Association of Governments Southern California Association of Governments Reservation Transportation Authority Regional Transportation Partners

  13. 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

  14. 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

  15. 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

  16. Tribal Planning & Development • Consists of 4 Divisions headed by the Chief Planning & Development Officer • Planning & Natural Resources • Economic Development • Construction • Tribal Historic Preservation Office

  17. Section 14 Master Plan Belardo Bridge & Roadway Expansion South Palm Canyon Road Bob Hope/I-10 Interchange Tribal/City/Federal Partnership

  18. Entitlements & Permitting • 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

  19. Questions?

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