HomeMy WebLinkAbout1/5/2000 - STAFF REPORTS (13) CALI
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sV HUNDRED December 16, 1999
EAt1 1AHQUITZ CANYON WAY Mayor William Kleindienst
City of Palm Springs
3200 E. Tahquitz Canyon Way
PALM MINct Palm Springs, CA 92262
Re: People of .imitate of California ex rel. Luigren v. Community
ULIFORNIA Redevelopment Agency for the City of Palm Springs, Riverside County Superior
Court Civil No. 78706
92262 Dear Mr. Mayor:
The Agua Caliente Band would like to see the City Redevelopment Agency settle
TELEPHONE and dismiss this litigation. It no longer serves any useful purpose. The matter
(760) 325-3400 arises from a dispute raised by the State concerning the meaning of the
Disposition and Development Agreement, as amended (the "DDA"), between the
City Redevelopment Agency and the Tribe. The question is whether the DDA
FAn waives or limits the ability of the City to object to the taking into trust status of any
(760) 325-0593 of the parcels described in the DDA for transfer to the Agua Caliente Band.
Existing federal law has always required the Secretary of the Interior, as part of
his decision-making process for a request for the trust taking of any of these
parcels, to take into account the impact of the trust taking on the local city or
county and any land use problems which may arise. See 25 C.F.R. Part 151.0
(e) and (f). There is also a 30-day period after the Secretary of the Interior
publishes his intention to take any of these parcels into trust, but before he
actually does so, during which any one may challenge that action in court before
it occurs. See 25 C.F.R. Part 151.12 (b). In the Federal Register of April 12,
1999, vol. 64, no. 69, -p. 17574, the Secretary has published proposed new
regulations which preserve such opportunities for cities and counties to obje4ct
to a proposed trust taking, both informally before the decision to make it has
occurred and in federal court before it actually takes place.
The Agua Caliente Band does not have the power to override these federal
regulations. Under federal law, the City's ability to object to the trust taking of
any of the parcels described in the DDA exists no matter what the DDA may say.
The DDA does not waive or limit the ability of the City or the City's
Redevelopment Agency to make such an objection regarding these parcels.
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sIx HunoREo The Secretary of the Interior, or his delegate, makes the final decision on any
request for the trust taking of any of these parcels in any event. The issue is one
of federal law, not the provisions of any agreement between the Tribe and City.
EAST TMQUITZ CANYON WAY
PALP1 SPRINGS
Richard M. Miianovich ✓Gu
CALIFORNIA Chairman, Tribal Council
AGUA CALIENTE BAND OF
CAMILLA INDIANS
92262
TC-3581-12-99
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TELEPHONE
(760) 325-3400
C: Bill Lockyer, Attorney General
Sara J. Drake, Acting Senior Assistant Attorney General
FAx David Aleshire, Palm Springs City Attorney
(760) 325-0593