Appeal of RPC Vote Decision Findings.pdf - Humboldt County

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I ,l r SUMMIT LAKE PAIUTE TRIBE Primary Administrative Office 1709 H StreeL Spark, NV 89431-4337 (77s1 827-9670 {77s', 827 -s678 (fax} February 10, 2010 SUMMIT TAKE PAIUTE COUNCIL Chairman: Warner Barlese . Vice,Chairperson: €rnie Barlese Secretary/freasurer: Jerri Lynn Earlese . Council Member: Jerry L. Barr Humboldt County Regional Planning Department Attn: Betty Lawrence Humboldt County Cou rthouse 50 West sth Street Winnemucca, NV 89445 Re: Jungo Land and Investments, Inc., Conditional Use Permit UH-07{5 Dear Members of the Humboldt County Planning Commission: The Summit Lake Paiute Council (Counci$, governing body of the federally recognized Summit Lake Paiute Tribe of Nevada (see Vol. 73, No. 66 Federal Register 18553, 18556 (Friday, April 4, 2OO8)), hereby advises that the Council opposes not only the request to extend Conditional Use Permit UH-07- 05 {CUP) for any period of time but had it been consulted since the proposed project is within its traditional use territory it would have opposed the initial issuance of the CUP. The Council opposes the extension of the CUP because such a use would render the land unusable for any Northern Paiute, not just Summit Lake tribal members, that wanted to hunt, gather or conduct spiritual ceremonies there. Th€ Constitution of the Summit Lake Paiute Tribe (Tribe), approved by the federal government on January 8, 1965. authorizes the Council to veto any encumbrance of tribal landt interests in lands or other tribal assets, and to take such actions as are necessary to carry into effect any of the Council's powers (see Article ll, Summit lake Paiute Tribe Articles of Associatioq Section 1(e), (k))- Under numeror.rs federal laws, because the traditional use territory of Tribe is subject to a final order of the f ndian Claims Commission, and the only cause of action in Northem Paiute Notion et ol. v. lJnited States of America, T Ind. Cl. Comm. 322,387-82,427a-b,615, 618a-b, et al. {1959), was the taking of the Tribe's land in violation of the U.S. Constitution, tribal members retain the right, at all usual and accustomed places, whether now called public or private land, to hung fish, gather traditional foods and medicine and resources, and practice spiritual ceremonies. See e.g., stdte v. Tinno, 497 P.2d 1386 (tdaho, 1972) (conviction of tribal member who speared salmon not in compliance with state law reversed). Numerous unreported decisions of the local state District Court have upheld the right of Northern Paiute tribe members to hunt, etc., within their traditional use territory areas when prosecuted by a Nevada Department of Wildlife citation. Thus it is not only the Summit Lake Reservation that constitutes Indian Country. Visit the Tribe's web site (www.summitlaketribe.org) it is updated every several days x LlJ J E a ! .E o Exhibit ..8t,
SUMMIT LAKE PAIUTE TRlBE Primary Administrative Office 1708 H Street, Sparks, NV 89431-4337 (7751 827-9670 (77s1 827-9578 (fax) SUMMIT LAKE PAIUTE COUNCIL Chairman: Warner Barlese . Vice-Chairperson: Ernie Barlese Secretaryfireasurer: Jerri Lynn Barlese . Council Member: Jerry L. Barr Humboldt County Regional Planning Department Attn: Betty Lawrence February 10, 2010 Page2 of2 Moreover state law declares that it lacks jurisdiction in Indian Country absent the consent of the governing body of the Tribe. See N.R.S. 41.430(4). The Summit Lake Paiute Council has never consented to Nevadaorone of its politicalsubdivisions {i.e., HumboldtCounty) exercising jurisdiction in its lndian Country. Since Nevada retroceeded all of its limited civil and complete criminal (optional Public Law 280) jurisdiction in lndian Country, no Tribe's governing body in Humboldt C-ounty has consented to state jurisdiction in accordance with N.R.S. 41.430. I appreciate being afforded the opportunity to communicate. lf you have any questions please contact the Tribe's Acting Chief Administrative Employee and the Director of the Tribe's Environmental Protection Departmen! Ron Johnny by phone (17751827967O1 or email (rpajs.b-nry@.runldlleketibe.gle). -*ffi- Sincerely.,**.-\ c.+. Chairman, Summit Lake Paiute Council cc: File Members, Summit Lake Paiute Council WB/rej Visit the Tribe's web site {www.summitlaketribe.org} it is updated every several days
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Appeal of RPC Vote Decision Findings.pdf - Humboldt County

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