Pursuant to the amended and restated Land Use Contract ("Contract")
between the Tribe and the City of Palm Springs, adopted by the City
of Palm Springs on September 20, 2018, and pursuant to the inherent
sovereign authority of the Tribe, a federally-recognized Indian tribe
with the sole authority to regulate land use within the exterior boundaries
of the Reservation, the following sections shall describe the process
for the coordination of historic preservation activities between the
Tribe and the City.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)
The designation of historic resources for Tribal Trust Lands
and Allotted Trust Lands shall be the sole authority of the Tribe.
Requests for designation on Tribal Trust and Allotted Trust Lands
received by the City shall be forwarded directly to the Tribe's Historic
Preservation Officer for review and determination of whether the historic
resource or historic district meets the criteria for inclusion on
the Agua Caliente Tribal Register of Historic Places pursuant to Tribal
law. No action may be taken by the City on requests for designation
of historic resources or historic districts on Tribal Trust or Allotted
Trust Lands.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)
In accordance with the Contract, and as a means of promoting
coordination of historic preservation activities between the City
and the Tribe, all applications for the designation of historic resources
and historic districts located on Reservation Fee Land shall be forwarded
to the Tribe's Historic Preservation Officer for review and recommendation.
The HSPB and City Council shall consider the recommendation of the
Tribe's Historic Preservation Officer, where a recommendation is provided,
prior to taking action on the application for historic designation.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)
Any application for demolition or alteration of a Class 3 or
Class 4 building located on Reservation Fee Land shall be forwarded
to the Tribe's Historic Preservation Officer for review and recommendation.
The City shall consider the recommendation of the Tribe's Historic
Preservation Officer, where a recommendation is provided, prior to
taking action on the application. The approval of demolition or alteration
of Class 3 or Class 4 buildings located on Tribal Trust and Allotted
Trust Lands shall be the sole authority of the Tribe. Requests for
demolition or alteration on Tribal Trust and Allotted Trust Lands
received by the City shall be forwarded directly to the Tribe's Historic
Preservation Officer for review and determination. No action may be
taken by the City on requests for demolition or alteration of Class
3 or Class 4 buildings on Tribal Trust or Allotted Trust Land.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)