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Wednesday, 30 April 2008 02:15

Board Opposes Code Defining Tribal Lands

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slide9.pngAt Tuesday’s meeting, the Board of Supervisors made clear their position on a new bill amending the California Penal Code to define trespass on tribal lands. Senate Bill 331 seems to contradict legislation implemented after the court case Tillie Hardwick vs. the United States, which created a intermingling of private and trust properties where boundaries, right-of-ways, and infrastructure are often ambiguous. In a letter from the Siskiyou Board of Supervisors, Chairman W. R. Overman warned against the “potentially devastating” effects of SB 331.

slide11.png“The ambiguities of (Tillie Hardwick) currently create frictions and lead to unrest within the Indian country. The plain language of SB 331 will provoke further unrest and exacerbate already difficult jurisdiction issues.” These potential issues include additional burdens for the criminal justice system, an interference with free enjoyment of private property held in fee by non-Indian and non-tribal member Indian owners, as well as removing long time tribal residents from their homes. The Board of Supervisors tended to agree. “What this bill would do is essentially involve our Sheriff’s office in tribal matters,” said City Counsel Martha Shaver. “Do we want to be involved in what are essentially tribal disputes?” The Board agreed with Overman that the new bill should contemplate such side-effects, and thus should be re-written to achieve its objectives without adversely affecting the unique character of Tillie Hardwick lands. The Board voted unanimously to send a letter of opposition to state legislators encouraging them to defeat this bill.

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