Laws, Tribal/Government Relationship

Prior to contact with Europeans, the native peoples of San Diego County had a form of self-government that had evolved over thousands of years and was still evolving during Spanish invasion of their aboriginal territory in 1542. The loss of coastal areas to the Spanish forced the native populations to live in the mountain areas year round. Accordingly, during the next three hundred years their way of life changed dramatically. However, after the Europeans came, they started taking the ancestral land s of the Indian that they were possessing. Consequently, most Indians were killed.

The U. S. government after gaining independence made treaties, signed by tribal leaders throughout California and those relating to the San Diego region would have allowed the majority of then-existing Indian villages in San Diego to remain in tact. A variety of political forces, however, successfully lobbied against U. S Senate ratification of the treaties. This meant that tribes had no legal protections for their lands; therefore, it was impossible for Indians to later press their land and water claims when miners, ranchers and other settlers later seized the land.

McMullin (2008) envisages that there has been reauthorization of Indian Health Care Improvement Act by the National Congress which has led to lives of Native people being put at risk. The bill, IHCIA of 2007 didn’t pass some substantial Indian-specific bills that will affect Native children and families. It provides adequate housing and extends tax incentives for businesses on reservations. The two tax incentives for doing business on Indian reservations were saved from expiring.

The first allowed businesses to accelerate the depreciation rate for equipment and property associated with economic development projects on Indian lands and the other reduces federal employment taxes on Indian employees of a business located on Indian lands. This two were included in the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, which was passed as part of the Emergency Stabilization Act.