ILAPA News BLAST!  July - August Edition Number 80
Planning with Tribal Governments - By L. Robert Ulibarri, AICP, REA

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.
 

L. Robert Ulibarri, AICP, REA
Senior Environmental Planner
Winzler & Kelly Consulting Engineers
633 Third Street
Eureka, CA 95501
Tel: (707) 443-8326
Fax: (707) 444-8330
 
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