Trust in the Land: New Directions in Tribal Conservation

8. Senate Bill 18 (Burton) and Mitigation of Non-Tribal Development: Morongo Band of Mission Indians (California)

8 Senate Bill 18 (Burton) and Mitigation of Non-Tribal Development Morongo Band of Mission Indians (California) Morongo Reservation lands in the San Bernardino Mountains of Southern California were set aside by executive orders in 1876 and 1881.1 Residents are primarily Cahuilla but also include Serrano, Cupeño, and Chemehuevi people.2 The rolling hills of the reservation contain valuable streams, springs, and grazing lands. The land borders Interstate 10 and lies just 80 miles east of Los Angeles in Riverside County. Over the last twenty years, Morongo has created several economic enterprises that now capture tourists and commuters traveling between Los Angeles and Palm Springs, as well as drawing visitors from out of the area. The tribal government employs more than 3,500 people, and their largest venture is the $250 million, 44-acre Morongo Casino, Resort, and Spa. Another Morongo venture is a 383,000square -foot water-bottling plant in Cabazon, operated by Arrowhead Spring Water and employing more than 200 people.3 Utilizing SB-18: Traditional Tribal Places Law Morongo Reservation is 32,000 acres in size and located entirely in Riverside County. However, the historic tribal territories of Morongo members cross Riverside, San Bernardino, and Los Angeles county boundaries, so Morongo cultural and environmental personnel must be ready to consult on 110 TRIBES AND LAND TRUSTS resource protection in a very large area. In 2004, Senate Bill 18 (introduced by John Burton), hereafter SB-18, mandated for the first time that cities and counties consult with tribes before amending their general plans.4 SB-18 also designated tribes as one of the entities that can hold conservation easements , giving tribes more tools to protect cultural and natural resources. According to former Morongo Cultural Resources Director Britt Wilson, city and county general plans are extremely important “guideposts for development” in rapidly expanding areas like Riverside County.5 In 2006, Riverside County was California’s second-fastest-growing county.6 The SB-18 process in California begins when a general plan or specific plan action is contemplated in an area where tribes have historic and contemporary ties to the land. The project planner at the city or county level sends a letter to the tribes, which typically includes maps, information on any cultural resources surveys, and preliminary development plans.7 The earlier the planner provides notification, the better, as most tribes are responding to multiple cities, counties, private landowners, and other parties regarding development and cultural resources protection. Morongo encourages cities and counties to impose standard conditions regarding protection of human remains8 and cultural materials9 and to engage in further consultation if discoveries are made. In order to officially consult under SB-18, the resources or the site must be on or be eligible to be on the California Register of Historical Places or be defined as a “Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine.”10 Morongo has been successful in protecting important sites, and no cities so far have asked the tribe to prove “sacredness,” which has been a problem in the courts, as evidenced by the litigation over the San Francisco Peaks (Navajo Nation et al. v. U.S. Forest Service et al., 2007), Lyng v. Northwest Cemetery Protective Association (1988), Bear Lodge Multiple Use Association v. Babbitt (2000), and other cases involving protection of sacred sites on public lands. Rio Vista Specific Plan In the case of a proposed plan for residential development in a hillside area, the SB-18 consultation began in the standard way: a formal letter to the Morongo Band from the project planner at the Riverside County level, and a response from Wilson requesting consultation. Then the planner, Wilson, and a representative from the archaeological firm consulting on the project took a field trip to the site and recorded all of the cultural sites on the property using a Geographic Positioning System (GPS). Senate Bill 18 111 The data on the site’s location and characteristics were integrated into a Geographic Information System (GIS) map, allowing the project planner and other parties to virtually compare the location of features of the proposed development with cultural sites that need to be avoided. “If you look at the designs, there are ways to redesign to fulfill open-space requirements and resource protection requirements,” explained Riverside County Archaeologist Leslie Mouriquand. “In so many cases, it’s unnecessary to destroy sites; everyone can come out...