1550 Harbor Blvd, Suite 100
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PUBLIC MEETING NOTICE AND AGENDA
Whitney Oaks Country Club
Monument and Pinnacle Rooms
2305 Clubhouse Drive
Rocklin, CA 95765
Notices regarding NAHC meetings and agendas may be found at http://www.nahc.ca.gov
Pursuant to Government Code section 11125.4(a)(1), the California Native American Heritage Commission (NAHC) will hold a special meeting to consider in closed session pending litigation as defined in California Government Code section 11126(e)(2)(c)(i).
(All times following Roll Call and Finding of Facts are approximate)
2:15 pm Roll Call and Finding of Facts (Government Code section 11125.4 (c)
2:25 pm Public Comments
2:35 pm Closed Session – Pending Litigation (Government Code section 11126(e)(2)(c)(i)), People v. Rinehart, California Supreme Court Case Number S222620, Third Appellate District Case No. C074662
2:45 pm Report of closed session actions, if any, and adjournment.
Any member of the public may make comments during the scheduled Public Comment period. In compliance with the Americans with Disabilities Act (ADA), if you need special accommodations, please contact Debbie Pilas-Treadway at (916) 373-3710 or email@example.com
California Native American Heritage Commission Notice of Public Hearing/Workshop on Proposed Regulations Re: Discovery, Disposition and Treatment of Native American Human Remains and Associated Grave Goods (Public Resources Code Section 5097.94, subdivisions (k) and (l); Section 5097.98) Notice of Tribal Consultations on the MLD Regulations, AB 52 Implementation, and the NAHC Consultation Policy
Clubhouse Building, Monument and Pinnacle Rooms
2305 Clubhouse3 Drive
Rocklin, CA 95765
January 15, 2015
1:00 pm to 5:00 pm
1:00 pm Presentation on the MLD Rulemaking process.
2:00 pm Tribal Consultation: Most Likely Descendant Regulations
3:00 pm Tribal Consultation: AB 52 Implementation and NAHC Consultation Policy
4:00 pm Pre-Notice Public Workshop on MLD regulations. Topics to be discussed include, but are not limited to:
1) Title 14, (proposed) Division 17, Native American Heritage Commission. The NAHC is considering adopting regulations to implement Public Resources Code section 5097.98 and would like to have public discussion about the following issues and any others relevant to Public Resources Code section 5097.98:
i. Whether only California Native American Tribes, as opposed to individuals, should be designated as Most Likely Descendants (MLD);
ii. What data should be used to determine tribal territories;
iii. What criteria and procedures should be considered by the NAHC in making an MLD designation when tribal territories overlap, including, but not limited to, rotation among tribes;
iv. What process and grounds should be used for removing an MLD from a project;
v. What process and grounds should be used for removing an MLD from the MLD list;
vi. What process should be followed by the NAHC to designate a second MLD when an MLD cannot serve, will not serve, or is removed from a project;
vii. Whether there should be a definition of “appropriate dignity”;
viii. Whether there should be guidelines for serving as an MLD;
ix. Whether an MLD should serve for an entire project, even if the project includes another tribe’s cultural area;
x. How to maintain the confidentiality of the location of discovered Native American remains;
xi. Whether there should be a definition of “placed or buried with” for purposes of determining what are associated grave goods under subdivision (d)(2) of Public Resources Code section 5097.98;
xii. What measures should be used to enforce subdivision (e) of Public Resources Code section 5097.98 when the landowner reinters Native American remains and items associated and buried with remains; and
xiii. Whether there should be guidelines for the completion of a report by the MLD, with recording of the burial site with CHRIS, on the property deed, or possible submission to the NAHC for inclusion in the Sacred Lands File.
2) Title 14, (proposed) Division 17, Native American Heritage Commission. The NAHC is considering adopting regulations to create a formal mediation process to implement Public Resources Code section 5097.94 (k).
3) Title 14, (proposed) Division 17, Native American Heritage Commission. The NAHC is considering adopting regulations to create a model pre-burial agreement to implement Public Resources Code section 5097.94, subdivisions (k) and (l).
The Native American Heritage Commission complies with the Americans With Disabilities Act (ADA).If you need additional information or assistance, please contact the Commission at (916) 373-3710.
NATIVE AMERICAN HERITAGE COMMISSION
The times when agenda items will be taken up are approximate. Agenda items may be taken out of order in the interest of time.
CLOSED SESSION – Commissioners, Staff, and Attorney General’s Office Representative Only
At any time during the meeting the Commission may meet in a session closed to the public to consider the following pursuant to Government Code section 11126:
1. Native American Heritage Commission v. Foothill/Easter Transportation Corridor Agency, Government Code section 11126(e)(2)(A).
2. Northern Chumash Tribal Council v. Native American Heritage Commission, Government Code section 11126(e)(2)(A).
3. Consideration of potential litigation concerning Cindy Arrington, Government Code section 11126(e)(2)(C)(i).
4. Consideration of potential litigation concerning the Sutter Butte Flood Control Agency, Government Code section 11126(e)(2)(C)(i).
5. Consideration of potential litigation concerning Inyo County, Government Code section 11126(e)(2)(C)(i).
6. Consideration of potential litigation, Government Code section 11126(e)(2)(C)(i).
10:00 PM PUBLIC SESSION
1. Commissioner Roll Call and Establishment of a Quorum.
2. Welcome – Commission Chairman Ramos.
3. Traditional Opening.
4. Introductions of Commissioners, Staff, and Attorney General’s Representative.
5. Closed Session Report – Commission Chairman Ramos – Information Item.
6. Approval of October 17, 2014 Minutes – Commission Chairman Ramos – Action Item.
7. Approval of December 5, 2014 Minutes – Commission Chairman Ramos – Action Item.
8. Commissioners’ Reports – Information Item.
9. Executive Secretary’s Report – Cynthia Gomez, Executive Secretary – Information Item.
1. Special Interest License Plate Program – Terrie Robinson, General Counsel – Information Item.
2. Most Likely Descendant Rulemaking – Terrie Robinson, General Counsel – Information Item.
3. Native American Heritage Commission Draft Consultation Policy – Cynthia Gomez, Executive Secretary – Information Item.
1. AB 52 Implementation – Cynthia Gomez, Executive Secretary – Information Item.
PUBLIC COMMENT - The public may comment on any item on the agenda prior to the Commission taking action on that item or before the close of public session. Anyone wishing to address the Commission must fill out a “Request to Speak” form available at the front reception table near the entrance to the meeting. When you are called to speak, please identify yourself and your affiliation for the record. Generally, each speaker will be allowed 3 minutes to speak; however, the Chair may set different time limits at the pleasure of the Commissioners.
At the end of Public Comment or 2:00 PM, whichever is first.
2015 Meeting Dates & Locations
MLD Rulemaking Presentation
NATIVE AMERICAN HERITAGE COMMISSION
The Commission has been advised that a violation of the California Environmental Quality Act, Public Resources Code section 21000 et seq., occurred on or about November 12, 2014 involving Native American cultural resources, and proposed subsequent efforts by the lead agency involved may not achieve compliance. The short statute of limitations under CEQA and the need to coordinate with the Attorney General's office to consider and, if necessary, timely file suit necessitate a special meeting pursuant to California Government Code section 11125.4 (c ).
Governor Brown Appoints Russell Attebery to the CommissionRussell Attebery, 62, of Happy Camp, has been appointed to the California Native American Heritage Commission. Mr. Attebery has been council chairman of the Karuk Tribe of California since 2012. He was a teacher and athletic director at Happy Camp High School from 2009 to 2012, substitute teacher for Shasta County Schools from 2003 to 2008 and quality control supervisor and sawyer at Sierra Pacific Industries from 1982 to 2003. Mr. Attebery is a member of the American Professional Baseball Association.
Native American Heritage Commission May 2, 2014 Meeting Cancelled
The Native American Heritage Commission meeting scheduled for Friday, May 2, 2014 has been cancelled. The next Commission meeting is scheduled for Friday, July 18, 2014 in Sacramento.
Governor Brown Appoints Reginald Pagaling to the Commission
Governor Edmund G. Brown, Jr announced the appointment of Reginald Pagaling, of Santa Barbara, to the California Native American Heritage Commission on March 28, 2013
Mr. Pagaling is an enrolled member of the Santa Ynez Band of Chumash Indians and a tribal elder. He has devoted his time to re-establishing the traditional maritime culture of the Tribe since 1996, and has also served as chairman of the Indian Gaming Local Community Benefit Committee of Santa Barbara County since 2010. Pagaling was tribal education program coordinator for the Santa Ynez Band of Chumash Indians from 1993 to 1996. He was public relations manager for the Chumash Casino Resort from 1991 to 1993 and was cultural resources coordinator and Native American monitor at the Tribal Elders Council of Santa Ynez Band of Chumash Indians from 1988 to 1990. Pagaling built the Tomol “Muptami of Kalawashaq,” a traditional Chumash plank canoe, and co-organizes the annual Tomol crossing from Channel Islands Harbor to Santa Cruz Island. Pagaling is a member of the Chumash Maritime Association.
Governor Brown Appoints Tribal Advisor
Governor Edmund G. Brown Jr. announced the appointment of
Gomez has been the chief justice for the Shingle Springs Band of Miwok Indians Tribal Court since 2010. She was assistant secretary of environmental justice and tribal governmental policy for the California Environmental Protection Agency from 2008 to 2010, chief of the Native American Liaison Branch for the California Department of Transportation from 1999 to 2008, and a housing and community development representative for the California Department of Housing and Community Development from 1989 to 1999. Gomez is a member of the Tribal and State Court Forum for the California Administrative Office of the Courts and has served as chair of the Transportation Research Board’s Native American Transportation Issues Committee. Gomez received a Juris Doctorate degree from the University of Northern California, Lorenzo Patiño School of Law.
Cynthia Gomez, Tribal Advisor
NATIVE AMERICAN HERITAGE COMMISSION CHAIRMAN ELECTED
California's Native American Heritage Commission (NAHC) announced today that Highland, Calif. resident James Ramos will serve as NAHC Chairman following the election on Dec. 12, 2008 in San Juan Capistrano, Calif. Ramos fills the position held by Bakersfield, Calif. resident William (Bill) Mungary, a Paiute/White Mountain Apache Indian for the past 18 years. Mr. Mungary decided to step down and was given the courtesy and opportunity to take the lead in nominating Mr. Ramos. Ramos was elected uncontested and unanimously. Mungary will continue to stay on as a commissioner.
"James Ramos is going to do a great job of fostering the preservation and protection of Native American cultural and ancestral remains, artifacts and traditions. As a tribal chairman of the San Manuel Band of Mission Indians, he has had a considerable amount of experience in this regard and we expect his voice to be loud and clear in ensuring that there is widespread respect for our past and that our traditions are carried proudly for future generations," said NAHC Executive Secretary Larry Myers. "I also want to express our sincere gratitude and deep appreciation for the long and distinguished service of outgoing Chair Bill Mungary, we are elated that he has agreed to continue with us as a commissioner."
Ramos, a Serrano/Cahuilla Indian, is chairman of the San Manuel Band of Mission Indians. He has served as cultural awareness program coordinator for the tribe, has held various tribal offices and is currently a trustee for the San Bernardino Community College District.
Ramos has also implemented youth leadership programs and taught traditional activities to tribal youth as a way to encourage and continue Native American traditions for future generations.
In his role as NAHC chairman he will oversee efforts to protect and preserve human remains, associated grave goods, cultural resources and will work to encourage the continuance of Native American culture.
Ms. Miranda has helped to draft several cultural resources protection laws in the state, including the California Native American Graves Protection and Repatriation Act (Steinberg), and SB 18 (Burton), a comprehensive measure that provided fundamental protections for American Indian sacred sites throughout California. Miranda was a key architect of the bill and worked with legislators and opposing groups to build consensus among diverse stakeholders.
Ms. Miranda has been successful in negotiating numerous agreements and settlements on behalf of tribes with local government agencies and land developers leading to protections for cultural resources and Native American human remains. Miranda has testified on cultural resources protection issues at federal, state and local hearings.
Miranda fills the position vacated by Yucaipa resident, Dr. Clifford Trafzer, a Wyandot Indian.
Ojai resident Julie Tumamait-Stenslie was elected NAHC Secretary. Tumamait-Stenslie has been educating children in the elementary schools as well as at the university level for over 20 years. Ms. Tumamait-Stenslie works with the local Museums through out the counties. “ I feel that education is very important , I am very involved with the teachers who teach the 3rd and 4th grade curriculum . There is still a lot to be said about how the public schools represents our culture.”
“ I am very excited to be on this commission and acting at the capacity of Secretary .There is a lot of work to be done . I am here to represent my Chumash Heritage and the land of my Ancestors. I am looking forward to working with staff and the other commissioners to see that we educate the public and help preserve our sacred sites.
Tumamait-Stenslie fills the position vacated by Fawn Morris, a Yurok Indian from Northern California.
Department of Commerce Rules on Foothill/Eastern Transportation Corridor Agency Consistency Appeal
The Department of Commerce today upheld the California Coastal Commission’s objection to a proposal to construct a 16-mile toll road connecting California state Route 241 to Interstate 5 in southern Orange and northern San Diego counties.
The commission objected to the proposed project under the federal Coastal Zone Management Act on the grounds that the toll road was not consistent with the state’s coastal zone management program. Under the CZMA, federal agencies may not issue any permits required for a project if a state has objected, unless the Department of Commerce, on appeal, overrides the objection.
The Foothill/Eastern Transportation Corridor Agency appealed the commission’s objection to the Department of Commerce in February, triggering an administrative review process that involved written briefs and arguments by the parties, input from interested federal agencies, tens of thousands of written comments from the public, and a 10-hour public hearing in San Diego County.
Under the CZMA, the department may override an objection only if no reasonable alternative to the project exists and the proposal is consistent with the objectives of the CZMA, or if the project is necessary in the interest of national security. The department determined that there is at least one reasonable alternative to the project. The department also found that the project is not necessary in the interest of national security.
TCA may pursue another route for its proposed toll road that the commission determines is consistent with California’s coastal zone management program, and TCA is not limited to the alternative proposal described in the department’s decision.
Since the enactment of the CZMA in 1972, the department has acted on 43 appeals, upholding 29 objections by state agencies and overriding 14.
NOAA understands and predicts changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources.
ACJACHEMEN SACRED SITE PANHE SAVED!
U.S. COMMERCE DEPARTMENT SAYS TOLL ROAD NOT IN NATIONAL INTEREST
PANHE, San Clemente, CA—Members of the Acjachemen Nation, the United Coalition to Protect Panhe (UCPP), and our allies in the environmental and social justice movements celebrate a tremendous victory today. The Native American sacred site Panhe and San Onofre State Park will remain protected thanks to a decision from the U.S. Department of Commerce issued earlier this morning. The Secretary of Commerce upheld the California Coastal Commission decision regarding the Transportation Corridor Agency’s proposal to build a six-lane toll road in a popular state park and camp ground and of the most historically significant sacred sites of the Acjachemen people.
“Our hearts are filled with gratitude today. I am grateful for the support of UCPP members and our allies. This victory would not have been possible without the collaborative efforts of our tribal community members, Tribal Nations, and our allies such as The City Project, the Sierra Club, California State Parks Foundation and others,” said Rebecca Robles, UCPP co-founder and co-director.
Angela Mooney D’Arcy, co-director for UCPP said, “Today is a significant day for Panhe, the Ancestors, the Acjachemen people, San Onofre, and the millions of people who enjoy this state park and camp ground every year. However, this process is not over. On behalf of the United Coalition to Protect Panhe, we call upon the TCA to suspend all litigation and federal lobbying activities and instead focus its resources on studying reasonable alternatives to the toll road.”
Louis Robles, Jr., Acjachemen tribal member said of the decision, “The voices of our Ancestors have been heard. This is an incredible victory for Panhe and for Indigenous peoples everywhere.”