This article has been reprinted courtesy
of Northern News, the newsletter for the Northern Section of
the California Chapter of the American Planning Association.
When diversity in our planning
profession is mentioned, it brings to mind those who are traditionally
underrepresented — women, minorities, and those who lead alternative
lifestyles. However, there is another segment of our society that is
both an ethnic and governmental minority that is not well represented
in the planning profession: Tribal Governments.
Indigenous nations (Native Americans)
have been traditionally underrepresented in the mainstream planning
profession as well as the planning process. They are unlike other
minority populations because they are a unique ethnic group that also
has powers of self-government as afforded to them by the U.S.
Constitution and by Congress.
Indigenous nations always had planned
communities. They had the ways of the earth. Their tradition was
sustainability, and their communities were designed to preserve the
health and spirit of the person.
“Smart growth” and “sustainable
development” mean planning with nature. Quite simply, it’s “common
sense” — doing what is smart in conjunction with the various natural
and governmental constraints and requirements. The difference is that
Native American planning was never separate from the person. The
existence of the spirit or soul of the person was a primary
consideration, not just the physical but also the spiritual elements.
Unfortunately, federal government
policies created the reservation era and the persuasive paternalism.
There all traditional elements of indigenous planning were discarded,
and the establishment of a reservation way of life promoted. Most
contemporary Indigenous planning has been done in response to federal
program or agency planning mandates in order to secure funds. That is,
much of the planning was a convenience to the funding agency and not
necessarily the Tribal community. Furthermore, when Tribes attempted
comprehensive planning across federal responsibilities, the plans were
often thwarted by the inability of federal agencies to coordinate
supporting actions.
Although reservations in California
were created in the 1860s, contemporary Tribes have been asserting
rights of self-governance since the late 1960s. They began, over 40
years ago, to seek control over everything from law enforcement and
anti-poverty programs on the reservations to management of reservation
natural resources. As the 1990s dawned, the U.S. courts had
recognized, and Congress and successive presidents had generally
supported, many of these assertions of sovereignty. A federal policy
codified in the 1970s and known as “Indian Self-Determination” was the
law of the land. Formal systems of government-to-government relations
between American Indian Tribal Governments and federal authorities
became the country’s stated policy.
Since 1970, many tribal governments
have expanded their planning activities in order to resolve
long-standing conflicts within their surrounding political region and
to address their alienated reservation land-tenure conditions as well
as the rise in anti-Indian government sentiment.
Two factors have created the
initiative to reshape the Indigenous landscape and the reservation
built environment. First are the various Environmental Protection
Agency’s initiatives regarding Tribal governments. Of the 500-plus
Tribal Governments and Alaskan Native Villages, over 482 have
established environmental planning programs that ultimately shape the
way reservation or Indigenous built environments are planned.
Second is the income that Indian
Gaming has provided to some Tribal Governments. This income, although
not available to all Tribal Governments, has created a revenue base
for over 290 Tribal Governments nationally. Since Tribal Governments
lack a tax-base to fund government activities, this newfound income is
critical. Ninety-three Tribal Governments have Tribal Revenue
Allocation Plans that distribute gaming revenue to housing, education,
economic development, and social programs. For the first time since
the establishment of the reservation system, Tribal Governments have
the financial resources to break the reservation mold of community
planning and to once again embrace “traditional planning.”
Tribes are involved in a multitude of
planning activities ranging from land conservation easements to
non-gaming economic development. Tribes are now being asked by
off-Reservation jurisdictions to participate in their planning
processes.
Historic legislation authored by
California State Senator John Burton and signed into law by Governor
Arnold Schwarzenegger in 2005 requires cities and counties to consult
with Native American Tribes when adopting and amending their general
plans or specific plans. In California, for the first time in this
country, cities and counties are required to consult with Native
American Tribes before local officials adopt or amend their general
plans. These consultations are for preserving — or mitigating impacts
to — Native American historic, cultural, and sacred sites, features,
and objects located within the city or county.
More than ever before, Tribal
Governments are working closely with State and local government on
planning issues that affect our common jurisdictions. Landmark
agreements are being crafted daily between State and local governments
and Indian Tribes to address off-reservation impacts — whether the
impacts result from Indian gaming or accords on consultation with
Tribes for the preservation of, or the mitigation of impacts to,
specified Native American places, features, and objects. Additionally,
Tribes contributed $20 million to California county and city
governments in 2006 under the Special Distribution Fund — money that
is used to fund a multitude of services from law enforcement to fire
protection.
Within the NSCCAPA territory, we have
the highest concentration of Tribal Governments anywhere in the
Nation. With 33 Tribal Governments out of the 108 in California within
our geographic area, it is incumbent that we recognize the role that
Tribal Governments now play in our profession.
This is an unprecedented era for
Indigenous communities to finally govern the land around them and to
take their rightful place at the center of American consciousness. It
is also an excellent opportunity to link planners of State and local
government, native communities, and Indigenous groups to understand
and value our respective sovereignties.
Mr. Ulibarri is a Senior Environmental Planner at Winzler & Kelly
Consulting Engineers and a member of the Tóhajiilee Band of Navajo
Indians.
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