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Notice of Public Hearing/Workshop on Proposed MLD Regulations

California Native American Heritage Commission
Notice of Tribal Consultations on the MLD Regulations, AB 52 Implementation, and the NAHC Consultation Policy
Notice of Public Hearing/Workshop on Proposed MLD Regulations
Pechanga Resort and Casino
Hummingbird Hall
45000 Pechanga Parkway
Temecula, CA 92592
951-693-1819

February 12, 2015
1:00 pm to 5:00 pm

Pursuant to California Government Code section 11346.45, the California Native American Heritage Commission (NAHC) will hold a series of pre-notice public discussions to gather information concerning the adoption of proposed regulations to be added to Title 14 of the California Code of Regulations regarding the NAHC’s Most Likely Descendant (MLD) policy. The NAHC will also hold closed tribal consultation sessions on the MLD regulations (Chapter 532, Public Resources Code sections 5097.94, 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084), implementing AB 52 and the proposed NAHC Consultation Policy. All times after the 1:00 pm presentation are approximate.

Tribal Consultation will be with elected tribal leadership or their designees. Designees will need to provide a letter from the Chairperson or Tribal Council designating authority to speak on behalf of the tribe for purposes of consultation.

AGENDA

1:00 pm Tribal Consultation: MLD Regulations (Presentation).

3:00 pm Tribal Consultation: AB 52 Implementation and NAHC Consultation Policy

4:00 pm Public Comments.

MLD Consultation 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 or via email at nahc@nahc.ca.gov. Our website address is: www.nahc.ca.gov.