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Notice of Tribal Consultation and Public Hearing/Workshop 6/18/2015

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

Santa Ynez Band of Chumash Indians
Chumash Tribal Hall
100 Via Juana Lane
Santa Ynez, CA 93460
805-688-7997

Thursday, June 18, 2015
4:00 PM to 8:00 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 tribal consultation sessions on the MLD regulations, implementing AB 52 (Chapter 532, Public Resources Code sections 5097.94, 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084), and the proposed NAHC Consultation Policy. All times after the 4:00 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

4:00 PM Welcome – Cynthia Gomez, Executive Secretary, Native American Heritage Commission
Introduction

4:15 PM Tribal Consultation: MLD Regulations Presentation
Cynthia Gomez, Executive Secretary, Native American Heritage Commission
Terrie Robinson, General Counsel, Native American Heritage Commission

5:00 PM Tribal Consultation: AB 52 Implementation Presentations
Cynthia Gomez, Executive Secretary, Native American Heritage Commission
Terrie Robinson, General Counsel, Native American Heritage Commission
Holly Roberson, Land Use Counsel, Governor’s Office of Planning and Research

6:30 PM Tribal Consultation: NAHC Consultation Policy
Cynthia Gomez, Executive Secretary, Native American Heritage Commission
Terrie Robinson, General Counsel, Native American Heritage Commission

7:00 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).

8:00 PM Closing
At the end of Public Comment or 8:00 PM, whichever is first.

*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.