1876 - President U.S. Grant establishes the Reservation by executive order.

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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)

• 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

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Changing Federal Policies

• 1887-1934 Assimilation of Indians
• 1934-1952 Self-Determination
• 1953-1969 Termination of Indians Tribes
• 1970-today Pro-Tribal sovereignty measures
  passed by Congress

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Allotment Era1887 To 1927

• 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

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Allotment Era1927 To 1959

• 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

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Reservation Land Status Today

• 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.

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Tribal/BIA Relationships

• 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

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BIA Functions

• Acts as trustee of Trust Assets such as land and
  funds
• Public services to Tribes
• Indian property management collaboration
• Approves all property transactions

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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

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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

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Indian Planning Commission

• 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

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Intergovernmental Relationships

• 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

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Regional Transportation Partners

• Coachella Valley Association of Governments
• Southern California Association of Governments
• Reservation Transportation Authority

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Tribal Land Use Issues

• 1939 Maximum 25-year leases allowed by BIA
• 1950s 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

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City/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

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1977 Land Use Agreement

• Palm Springs and Tribe agree
• City acts as Tribes 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

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Tribal Planning Development

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

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Tribal/City/Federal Partnership

• Section 14 Master Plan
• Belardo Bridge Roadway Expansion
• South Palm Canyon Road
• Bob Hope/I-10 Interchange

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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

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Questions?