BILL NUMBER: SB 1134 INTRODUCED BILL TEXT INTRODUCED BY Senators Oropeza, Scott, and Yee (Coauthors: Assembly Members Davis and Karnette) JANUARY 31, 2008 An act to add Division 6.5 (commencing with Section 8575) to the Public Resources Code, relating to the Gabrielino-Tongva Tribe. LEGISLATIVE COUNSEL'S DIGEST SB 1134, as introduced, Oropeza. Gabrielino-Tongva Tribe. Under existing federal law, the Bureau of Indian Affairs within the Department of the Interior is responsible for the administration and management of land held in trust by the United States for American Indians, Indian tribes, and Alaskan Natives. Under existing law, there are 561 federally recognized tribal governments in the United States. In addition, certain states have state-recognized tribes and state Indian reservations. California law identifies various Indian tribes and reservation lands, but does not have a formal system of recognizing state Indian tribes or establishing state Indian reservations, such as that contained in federal law. This bill would establish a state-recognized Indian reservation for the Gabrielino-Tongva Tribe, a nonfederally recognized Indian tribe, effective immediately upon the certification of specified facts by the city or cities in which the reservation is located. It would require the tribe to purchase and contribute to the state the real property to be designated as the reservation. The bill would provide that title to the reservation shall be held by the State of California in trust for the benefit of the Gabrielino-Tongva Tribe. The bill would make related findings and declarations. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Gabrielino-Tongva State Indian Reservation Act. SEC. 2. The Legislature finds and declares all of the following with respect to the Gabrielino-Tongva Tribe: (a) In 1994, the State of California officially recognized the Gabrielino-Tongva Tribe in Assembly Joint Resolution 96, Resolution Chapter 146 of the Statutes of 1994. The Joint Resolution states that the State of California recognizes the Gabrielinos as the aboriginal tribe of the Los Angeles Basin and takes great pride in recognizing the Indian inhabitance of the Los Angeles Basin and the continued existence of the Indian community. The tribal offices are currently located in the City of Santa Monica. (b) A state historical site at University High School in West Los Angeles preserves the Tongva Holy Springs, the site where tribal members met the Portola Expedition, which founded the City of Los Angeles in 1769. Mount Tongva in Angeles National Forest is named after the tribe and city plaques commemorate the tribe's history in Culver City and the City of San Gabriel. Loyola Marymount University dedicated a one million dollar ($1,000,000) garden to the history of the Gabrielinos, and the university library contains a special collection of scholarly works on the tribe, as well as archaeological artifacts discovered on campus. The Gabrielinos are included in a major exhibition at the Native American Museum in Washington, D.C. (c) Over 1,700 current tribal members are documented as "Gabrielino Indians" by the United States Interior Department, Bureau of Indian Affairs (BIA) and current tribal membership rolls. While avoiding recognition of the tribe, the United States published official rolls of Gabrielino Indians in 1928, 1950, and 1972. Since 1972, tribal members have received BIA "blood quantum certificates" as "Gabrielino Indians." (d) The tribal history in the Los Angeles Basin and its ethnographic area is well documented through over 3,000 archaeological sites, 400 scholarly publications, in state historical records and federal archives, and Catholic Church records at San Gabriel Mission and San Fernando Mission. According to the Smithsonian Institution's Handbook of North American Indians, Volume 8: California, the Gabrielinos occupied villages to the north up to Topanga Canyon in Malibu, extending south past the Newport Beach estuary, and inland to the City of San Bernardino. (e) The Gabrielino-Tongva were enslaved to build San Gabriel Mission and San Fernando Mission. Other Gabrielino village sites have been uncovered at California State University at Long Beach, the Sheldon Reservoir in Pasadena, Whittier Narrows, downtown Los Angeles, and the Los Encinos State Historical Park in Encino. Nine major villages with 50 to 200 Gabrielino-Tongva Indians at each village site lie in close proximity to the Cities of Inglewood and Long Beach, including Amupunga, Atavingna, Tajuat, Puvunga, and Saangna. (f) From 1851 to 1853, three federal treaty commissioners appointed by President Fillmore signed the 18 "lost treaties," setting aside 8.5 million acres in California for Indian reservations in return for the Indians' quitclaim to 75 million acres of California land. After lobbying by California business interests, the United States Senate refused to ratify any of the treaties, instead placing an "injunction of secrecy" on the documents. They were discovered in a locked desk drawer in the United States Senate Archives in 1905. (g) The Gabrielino-Tongva Tribe signed Treaty D with federal Indian Commissioner George Barbour in 1851. In the Act of 1852, Congress set aside an Indian reservation for the Gabrielino-Tongva Tribe near Fort Tejon at the edge of Los Angeles County and began moving Gabrielinos from their ethnographic area to the Gabrielino reservation. After the Senate refused to ratify Treaty D and the other "lost treaties," the Fort Tejon reservation was misappropriated. As a result, Gabrielino villages were never relocated from their historic ethnographic area, but instead were absorbed into the blossoming cities of Los Angeles County and Orange County. (h) Based upon the discovery of the 18 "lost treaties" in 1905, a series of efforts were made to address the land claims of the treatyless and landless Gabrielino-Tongva Tribe. The California Jurisdiction Act of 1922 authorized the California Attorney General to represent members of the tribe, among others, and to bring their land claims before the United States Court of Claims. The Court of Claims, in Indians of California v. United States (1942) 98 Ct.Cl. 583, 592, recognized the arguments of California Attorney General Earl Warren, and declared that "There was a promise made to these tribes and bands of Indians and accepted by them but the treaties were never ratified so the promise was never fulfilled." (i) Under new legislation in 1946, the Indian Claims Commission addressed individual claims of Gabrielino-Tongva tribal members in Docket 80. In 1972, settlement was reached for six hundred thirty-three dollars ($633) for each tribal member, including current tribal councilmen. The settlement was administered by Commissioner of Indian Affairs Dillon S. Meyer, who previously served as chief administrator of the notorious Japanese internment camps in California. The land claims of the Gabrielino-Tongva Tribe, however, were never settled. (j) California is one of 16 states that recognize 62 Indian tribes that are not federally recognized. State legislation in other states that recognizes Indian tribes and creates tribal lands provides models for this act. At least five states have established state Indian reservations, which are usually referred to in state legislation as "tribal lands." Connecticut, Massachusetts, New Jersey, New York, and Virginia all have state-recognized tribes and state Indian reservations. SEC. 3. Division 6.5 (commencing with Section 8575) is added to the Public Resources Code, to read: DIVISION 6.5. GABRIELINO-TONGVA RESERVATION 8575. (a) The Gabrielino-Tongva Tribe is and continues to be recognized as an Indian tribe by the State of California. The Gabrielino-Tongva Tribe is a California Indian Tribe historically known as the San Gabriel Band of Mission Indians, and its Tribal Council, currently located in the City of Santa Monica, is and continues to be recognized as its governing organization. (b) The tribe shall, within 60 days of the effective date of the act adding this section, and every four years thereafter, certify all of the following to the Governor: (1) All Gabrielinos documented by the United States Bureau of Indian Affairs are or may become members of the tribe. (2) Tribal membership is a property right established in the tribe' s Constitution and enforceable in state courts. (3) The tribe's Constitution incorporates substantially all due process protections from the Indian Civil Rights Act of 1968 (25 U.S.C. Sec. 1301 et seq.). (c) An Indian reservation is hereby created by the State of California to provide tribal lands for the tribe, effective immediately upon certification pursuant to subdivision (a) of Section 8576. The state Indian reservation shall be known as the "Gabrielino-Tongva State Indian Reservation" and shall lie on the lands designated in the certification made pursuant to subdivision (a) of Section 8576. 8576. (a) The Gabrielino-Tongva State Indian Reservation shall be authorized by the city or cities in which the reservation is located (the host city or cities) by a resolution of the city council of each host city. The resolution shall contain a description of the lands included in the reservation, and shall certify to the Governor all of the following: (1) The planning commission or city council of the host city has held hearings that were open to the public to review the following topic areas: (A) The location of the reservation and the designation of a zone overlay or other development plan for local control over development on the reservation. (B) The infrastructure impacts on the host city, including traffic, police and fire services, sanitation, and public transportation, and agreements between the tribe and host city to mitigate those impacts. (C) Agreements between the tribe and the host city to provide for planning and building safety review of development on the reservation. (D) Agreements between the tribe and host city for the provision of police, fire, public safety, education, water, sanitation, and public transportation services on the reservation. (E) Enforcement of state laws on the reservation, including, but not limited to, child support obligations, court process, labor laws, and host city fines and parking tickets, and agreements between the tribe and the host city for that enforcement. (2) The agreements with the tribe reviewed by the planning commission of the host city and requested by the city council of the host city have been executed by the host city and the tribe. (3) A zone overlay or other development plan for the reservation has been or will be adopted, and environmental review has been or will be completed by the host city. (4) The host city lies within the ethnographic area of the tribe, as established by an independent review of archaeological sites and scholarly publications by the host city, the tribe, and outside experts. (b) The tribe shall purchase and contribute to the state the real property to be designated as the Gabrielino-Tongva State Indian Reservation. Title to the reservation shall be held as follows: "State of California, in trust for the benefit of the Gabrielino-Tongva Tribe, a California Indian Tribe." 8577. (a) The Gabrielino-Tongva State Indian Reservation shall be dedicated to whatever lawful use that the Gabrielino-Tongva Tribe decides, subject to any agreements with the host city governing that use, provided that land use decisions on the reservation shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (b) The Department of Parks and Recreation shall administer state ownership, activities, and approvals for the Gabrielino-Tongva State Indian Reservation. (c) Unless otherwise specified, all federal, state, local, and special district laws and regulations shall be applicable to the tribe, and to the Gabrielino-Tongva State Indian Reservation, and may be enforced on the Gabrielino-Tongva State Indian Reservation in the same manner and to the same effect as elsewhere in the state. (d) Nothing in this division is intended to grant gaming rights to the tribe.