Gov. Jerry Brown Okays Bill Requiring Native American Input

Posted by: KHTS FM 98.1 & AM 1220 in Politics September 26, 2014 - 2:46 pm 0 268 Views

Gov. Jerry Brown signed legislation designed to protect and preserve sacred Native American landmarks on Thursday, a bill opposed by the Santa Clarita Valley Chamber of Commerce.

Assembly Bill 52 was drafted to ensure that tribes have a say in development projects that affect tribal sacred places and cultural resources, by strengthening the consultation standards with tribes under the California Environmental Quality Act, according to a news release.

The bill was supported by Assemblyman Scott Wilk, R-Santa Clarita and Sen. Fran Pavley, D-Calabasas.

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“The California Chamber came out and had (AB 52) listed as a job-killer bill,” said Terri Crain, CEO of the Santa Clarita Valley Chamber of Commerce. “There was some language in it that wasn’t real clear.”

The bill contained language that said all development plans must be approved by the tribes, whether it was on native land or near native land at all, she said.

A tribe known to be native to an area would have to be notified by any lead agency regarding a proposed development, according to the bill.

“It has the potential to impact development in the Santa Clarita Valley,” said Crain. “It just puts one more onus or one more layer on the approval process on top of an already complicated process for developers.”

However, supporters of the bill argue that California is struggling to preserve the last remnants of its Native American past.

Related: Santa Clarita Valley Chamber Of Commerce Shares Legislative Positions

“If we don’t do something, future generations will wonder what happened to California’s pre-Columbian heritage,” said Mike Gatto, chairman of the appropriations committee in the California State Assembly. “By including tribes in the decision-making process, we will build better relations and preserve California’s unique cultural heritage.”

Recently, thieves stole carvings from an unprotected sacred site on the Volcanic Tableland, north of Bishop, and developers have sought to place everything from dumps, to housing developments, to granite mines, near or on top of ancient sacred sites, according to the release.

“All too often, tribes with little to no economic means to provide themselves a voice, are left out of the conversation in the decision making process on matters that impact them the most,” said Tribal Chairperson Sherry Treppa, of the Habematolel Pomo Tribe of Upper Lake

Currently, tribes are not treated as coherent sovereign entities under CEQA, but instead as mere members of the public, even if wishing to express a unified opinion about a site which has been a unique part of the tribe’s heritage for thousands of years.

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Efforts to reform CEQA, prevent abuse, and create uniformity have stalled, in part, because of concerns by Native Americans that a streamlined CEQA would provide lesser protections for sacred sites.

“This is an important step toward aligning California’s environmental laws with the values that are often espoused about respecting tribal heritage and history, not only for this generation, but for future generations of all Californians,” said Tribal Chairman Mark Macarro of the Pechanga Band of Luiseno Indians. “We deeply appreciate Assemblymember Gatto for his leadership, and the legislature’s support.”

“The passage of AB 52 means that our cultural sites will be given the respect and consideration they deserve as part of the CEQA process. Allowing tribes to work cooperatively with agencies and developers to protect our cultural places benefits us all. We are grateful to Assemblyman Gatto for his hard work on behalf of all California tribes,” said Robert H. Smith, of the Pala Band of Mission Indians.

“Native peoples deserve protections for sites that are a part of their ancient heritage,” said Gatto. “Efforts to maintain them must be considered an essential activity in the preservation of our state’s historic resources.”