The Native American Heritage Commission is hiring a Attorney III position. Under the general direction of the Chief Counsel, the Attorney III will use broad discretion and superior judgment to serve as the investigating and enforcement attorney for all Native American cultural resources protection and access laws under the Native American Heritage Commission’s authority and for CEQA and SB 18 matters involving the protection of or access to Native American cultural resources.
The final filing date for this recruitment (JC-177555) is until filled
The Native American Heritage Commission has extended its pre-notice preliminary activities for adopting regulations to implement Public Resources Code section 5097.98 and issues relevant to Public Resources Code section 5097.98. On October 18, 2019, the Commissioners voted to extend a 45-day comment period to interested parties to review and comment the draft proposed Most Likely Descendant Regulations before they are submitted to the Office of Administrative Law. The Commission anticipates incorporating comments and initiating the Office of Administrative Law process shortly after the close of the 45-day comment period.
Attached is the draft proposed Most Likely Descendant Regulations for your review and comment. Comments can be sent via email: MLDRegComments@NAHC.ca.gov or NAHC@nahc.ca.gov and/or mailed to: Native American Heritage Commission, 1550 Harbor Blvd, Suite 100, West Sacramento, CA 95691. The comment period will close December 5, 2019.
If you have any questions, please contact Debbie Treadway at 916.373.3710 or debbie.treadway@nahc.ca.gov.
PUBLIC MEETING NOTICE AND AGENDA
CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION
Office Phone (916) 373-3710
Email: nahc@nahc.ca.gov
Location: The Ziggurat Building, Auditorium
707 3rd Street
West Sacramento, CA 95605
(916) 375-4990
Friday, October 18, 2019
10:00 am to 1:00 pm
Agenda items may be taken out of order.
Notices and agendas for Native American Heritage Commission meetings and public hearings may be found at https://nahc.ca.gov.
Live video streaming and archived video of this Commission meeting may be viewed at http://www.cal-span.org
AGENDA
10:00 am CALL TO ORDER – NATIVE AMERICAN HERITAGE COMMISSION
- Welcome
- Roll Call
- Introduction of Commissioners, Staff, and Attorney General’s Representative
CLOSED SESSION – Commissioners, Staff, and Attorney General’s Representative Only
Pending Litigation (Government Code sections 11126(e)(1), (e)(2)(A), (e)(2)(C)(i))
- City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al., Superior Court of California, County of Orange – Case No. 30-2017-00934703-CU-PT-CXC (Government Code sections 11126(e)(1), (e)(2)(A))
- The Reserve Maintenance Corporation v. Foothill Eastern Transportation, et al., Superior Court of California, County of Orange – Case No. 30-2017-00934717-CU-WM-CXC (Government Code sections 11126(e)(1), (e)(2)(A))
CALL TO ORDER – PUBLIC SESSION
- Traditional Opening
- Closed Session Report, Laura Miranda, Vice Chairperson, Information Item
- Approval of Minutes, Laura Miranda, Vice Chairperson, Action Item
-
- October 19, 2018
- October 19, 2018 – Closed Session
- April 19, 2019
- April 19, 2019 – Closed Session
- July 19, 2019
- July 19, 2019 – Closed Session
- Approval of Proposed Meeting Dates for 2019-2020 Fiscal Year, Laura Miranda, Vice Chairperson, Action Item
- Friday, January 17, 2020
- Friday, April 17, 2020
- Friday, July 17, 2020
EXECUTIVE SECRETARY’S REPORT – Christina Snider, Executive Secretary
-
-
- NAHC Tribal Cultural Resources Project – UCLA, UCD, UCB, Information Item
- CalNAGPRA Update, Information Item/Action Item
- MLD Regulations Update, Information/Action Item
- UC NAGPRA Policy Update, Information/Action Item
- Palmdale Estates Project Update, Action Item
- Tribal Advisor Update, Information Item
INFORMATIONAL
- Protect Native Culture Plate Project Update, Samantha Cypret, Investigations Manager and Special Assistant to the General Counsel, Information Item
- Digital Atlas of California Indians Project Report Update, Dr. Jason MacCannell, Special Assistant to the Director at CA State Parks, Information Item
- California Mission Trail, Julianne Polanco, State Historic Preservation Officer, Information Item
OFFICER ELECTIONS – Christina Snider, Executive Secretary, Action Item
PUBLIC COMMENT – Please submit a speaker card.
The public may comment on any item on the agenda before action is taken on the item.
1:00 pm ADJOURNMENT – At the end of Public Comment or 1:00 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. Follow us on Twitter: @CA_NAHC
PUBLIC HEARING NOTICE AND AGENDA
CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION
Office Phone (916) 373-3710
Email: nahc@nahc.ca.gov
Location
Ziggurat Building Auditorium
707 3 Third Street, West Sacramento, CA 95605
Thursday, October 17, 2019
1:00 PM to 3:00 PM
Notices and agendas for Native American Heritage Commission meetings and public hearings may be found at https://nahc.ca.gov
This meeting will be live-streamed at http://www.cal-span.org.
Questions may be submitted at nahc@nahc.ca.gov. We will endeavor to answer all questions in real time.
Additional comments may be sent to: Native American Heritage Commission 1550 Harbor Blvd, Suite 100, West Sacramento, CA 95691 or via email: nahc@nahc.ca.gov
AGENDA
1:00 PM WELCOME & INTRODUCTIONS NATIVE AMERICAN HERITAGE COMMISSION
-
- Introductions – Christina Snider, Executive Secretary, Native American Heritage Commission (NAHC)
- Purpose and goals of the Public Listening Session – Laura Miranda, Vice-Chairperson of the NAHC
1:15 PM PRESENTATION
Brief discussion of the history of the California Native American tribe definition and the role of the Native American Heritage Commission with these definitions. – Laura Miranda, Vice-Chairperson and Merri Lopez- Keifer, Secretary.
1:30 PM PUBLIC COMMENTS – Please submit a speaker card
The NAHC has received numerous concerns about the definition of California Native American tribe in Health and Safety Code Section 8012. The Commission has heard these concerns and is initiating listening sessions to gather information from interested tribes, individual tribal people and the general public on this issue.
Please consider reviewing the following before the public hearing:
- CURRENT DEFINITIONS:
SB 18 (Cal Civil Code 815.3) and AB 52 (Cal. Pub Res Code 21073)
Definition of A “Californian Native American tribe”
“California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for purposes of Chapter 905 of the Statutes of 2004 [SB 18].
CalNAGPRA Definition of a “California Indian tribe”
(Cal. Health and Safety Code 8012(j)):
“California Indian tribe” means any tribe located in California to which any of the following applies:
(1) It meets the definition of Indian tribe under the federal Native American Graves Protection and Repatriation Act (25 U.S.C Sec. 3001 et seq).
(2) It is not recognized by the federal government, but is indigenous to the territory that is now known as the State of California, and both of the following apply:
(A) It is listed in the Bureau of Indian Affairs Branch of Acknowledgement and Research petitioner list pursuant to Section 82.1 of Title 25 of the Federal Code of Regulations.
(B) It is determined by the Commission to be a tribe that is eligible to participate in the repatriation process set forth in this chapter. The Commission shall publish a document that lists the California tribes meeting these criteria, as well as authorized representatives to act on behalf of the tribe in the consultations required under paragraph (3) of subdivision (a) of Section 8013 and in matters pertaining to repatriation under this chapter. Criteria that shall guide the Commission in making the determination of eligibility shall include, but not be limited to, the following:
(i) A continuous identity as an autonomous and separate tribal government.
(ii) Holding itself out as a tribe.
(iii) The tribe as a whole has demonstrated aboriginal ties to the territory now known as the State of California and its members can demonstrate lineal descent from the identifiable earlier groups that inhabited a particular tribal territory.
(iv) Recognition by the Indian community and non-Indian entities as a tribe.
(v) Demonstrated membership criteria.
POSSIBLE QUESTIONS AND TOPICS ON WHICH TO ADDRESS THE COMMISSION (Please note that you are not limited to these topics, but please stay within the scope of the listening session):
- Should there be separate definitions of California Native American tribe for certain statutes, like CalNAGPRA and the MLD statute?
- What are the specific issues concerning the definition(s) and what are changes that you would like to see with the definition(s)?
- What would you like to see in terms of the NAHCs role with the definitions and the Contact List?
- Should there only be one definition of California Native American tribe? If yes, what would that include?
3:00 PM ADJOURN
*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. Follow us on Twitter: @CA_NAHC
The Associate Government Program Analyst (AGPA) will have a major role in fulfilling NAHC statutory requirements under the state law for the protection of Native American tribal cultural resources, including Native American human remains, associated grave items, and sacred sites as a representative of the NAHC. The AGPA will be responsible for the development and ongoing application of a major component of the Native American Land Information System (NALIS), in fulfillment of the NAHC statutory responsibilities under the California Environmental Quality Act (CEQA). The AGPA will be responsible for obtaining and analyzing information provided by California Indian tribes and public agencies for the NALIS. The work will include consulting with tribal governments, public agencies, landowners, environmental consultants, and developers regarding complex and culturally sensitive issues in the mitigation of impacts to tribal cultural resources that may be effected by proposed projects subject to CEQA. The AGPA will also be responsible for responding to inadvertent discoveries of Native American human remains and associated grave items under State law in an assigned geographical territory.
The final filing date for this recruitment (JC-172912) is 10/14/19.
