Public Meeting Notice and Agenda – January 19, 2024

PUBLIC MEETING NOTICE AND AGENDA

CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION

Office Phone (916) 373-3710

Email: nahc@nahc.ca.gov

 Location: EEC Auditorium

1500 Capitol Avenue

Sacramento, CA 95814

Friday, January 19, 2024

9:00 AM to 4:00 PM

Notices, Agendas, and supporting documents for Native American Heritage Commission Meetings and Public Hearings will be provided at the event and may also be accessed at http://www.nahc.ca.gov or by written request to nahc@nahc.ca.gov. Confidential materials exempt.

Live video streaming and archived video of this Commission Meeting may be accessed at https://videobookcase.org/nahc/2024-01-19

Agenda items may be taken out of order.

AGENDA

9:00 AM — CALL TO ORDER

• Welcome
• Roll Call
• Introduction of Commissioners, Staff, and Attorney General’s Representative
• Traditional Opening (Sara Dutschke, Tribal Chairwoman, Ione Band of Miwok Indians, Native American Heritage Commission Secretary)

ACTION

1. Approval of Meeting Minutes

1. October 20, 2023 – Open Session
2. October 20, 2023 – Closed Session
3. November 21, 2023 – Open Session
4. November 21, 2023 – Closed Session

2. Draft Contact List Regulations (Raymond Hitchcock, Executive Secretary, Buffy McQuillen, Wayne Nelson, Contact List Sub-Committee) 

1. Update on the progress of the Tribal Comment & Consultation Period for the Proposed Draft Contact List Regulations used to identify California Native American Tribes for various statutory purposes. [Contact List Listening Session Dates] [CCST letter to NAHC requesting extension for Contact List comments]
2. Commissioners to consider tribal request to extend the 90-day Tribal Comment & Consultation Period beyond February 02, 2024.
3. Commissioners to consider second round of Tribal Comment & Consultation after all comments received from the initial 90-Day Tribal Comment & Consultation Period are considered and Draft Proposed changes are incorporated into the revised Proposed Draft Contact List Regulations.

3. Draft CalNAGPRA Dispute Resolution / Mediation Regulations (Michelle Carr, NAHC Chief Legal, Reggie Pagaling, Sara Dutschke, Mediation Sub-Committee)

1. Update on status of Draft CalNAGPRA Dispute Resolution / Mediation Regulations required by Health & Safety Code § 8016 to resolve repatriation disputes.
   • [Mediation Regulations 2.7.2022 Draft]
   • [Summary of Tribal Comments Received]
   • [Overview of Updates from 2.7.2022 Draft]
   • [Comparison of 2.7.2022 Draft to Current Draft]
2. Commissioners to consider recirculating the Draft CalNAGPRA Dispute Resolution / Mediation Regulations out to Tribes for a Second Round of Tribal Comment & Consultation for either a 30, 45, 60, or 90-day Period. [Proposed Mediation Regulations Final Draft]

4. Calendar Dates and Locations for the following Public Commission Meetings Update (Raymond Hitchcock, Executive Secretary)

1. Commissioners to approve the following Commission Dates & Meeting Locations:
   • Friday, April 19, 2024 – Location TBD
   • Friday, July 19, 2024 – Location TBD

5. Commission Sub-Committee Update (Raymond Hitchcock, Executive Secretary)

1. Commissioners to consider filling Sub-Committee vacancies.
   • Most Likely Descendant Regulations Sub-Committee (Commissioner Bojorquez, vacant).

6. CalNAGPRA UC Systemwide / Campus Repatriation and Oversight Committee Nominations Update (Mario Pallari, NAHC Attorney) [Outreach and Vacancies Memo]

1. Commissioners to consider the Nomination of Dr. Brittani Orona to the UC Systemwide Committee as a UC Member (Voting Position) (Mario Pallari, NAHC Attorney, Chairman Pagaling, Commissioner Rodriguez, UC/CSU Systemwide / Campus Sub-Committee) [Dr. Orona]
2. Commissioners to consider the Nomination of Joyce Stanfield Perry as a replacement for any upcoming (Non-Federally Recognized) Tribal Member Vacancy on the UC Systemwide Committee (Mario Pallari, NAHC Attorney, Chairman Pagaling, Commissioner Rodriguez, UC/CSU Systemwide / Campus Sub-Committee) [Joyce Perry]
3. Commissioners to consider the provisional Nomination of Dustin Murray to the UC Berkeley Campus Committee as a Tribal Member (Federally Recognized) Voting Position (Mario Pallari, NAHC Attorney, Chairman Pagaling, Commissioner Rodriguez, UC/CSU Systemwide / Campus Sub-Committee) [Dustin Murray]
4. Commissioners to consider the Nomination of Larissa Nez to the UC Systemwide Committee as a UC Berkeley (Non-Voting) Member (Mario Pallari, NAHC Attorney, Chairman Pagaling, Commissioner Rodriguez, UC/CSU Systemwide / Campus Sub-Committee) [Larissa Nez]

INFORMATIONAL

7. California State University (CSU) CalNAGPRA Compliance Update (Mario Pallari, NAHC Attorney)

1. CSU Chancellor’s Office Representative Guest Speaker (Nathan Dietrich, CSU Assistant Vice Chancellor for Advocacy and State Relations)
   • Nathan Dietrich to address Commissioners on CalNAGPRA Compliance and progress.
2. Update on AB 389 and its statutory requirements for the NAHC related to CSU repatriation (Mario Pallari, NAHC Attorney). [AB 389]
3. Update on NAHC / CSU Systemwide & Campus CalNAGPRA Repatriation and Oversight Committee outreach and timelines for Nominations (Mario Pallari, NAHC Attorney). [CSU Outreach Timelines]
4. Update on 2023 Audit Report findings for the CSU non-compliance of CalNAGPRA (Mario Pallari, NAHC Attorney). [Audit Summary]

8. Update on the recently amended NAGPRA Regulations (Michelle Carr, NAHC Chief Legal) [Federal NAGPRA Regulations]

9. Executive Secretary Report (Raymond Hitchcock, Executive Secretary) [Executive Secretary Report]

10. Commissioner Reports

PUBLIC COMMENT – Public comment will be limited to 3 minutes for each speaker, unless otherwise determined by the Commission.

Please email any public comments to nahc@nahc.ca.gov by 4:00PM Thursday, January 18, 2024.  Comments received after this time will not be accepted. All submissions should include “Public Comment” in the subject line, your name, who you represent, and the subject you wish to address. Written comments will be acknowledged and read into the record.

The public may comment on any item on the agenda before action is taken on the item.

4:00 PM — ADJOURNMENT – At the end of Public Comment or 4:00 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