At 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.
“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.

