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?