Proposed Draft Contact List Regulations – Comment Period Extended to March 1, 2024

On October 20, 2023, NAHC Commissioners approved the release of the Proposed Draft Contact List Regulations to a tribal comment and consultation period. At the January 19, 2024 Commission Meeting, the Commissioners voted to extended the comment period. The deadline to submit comment has been extended to March 1, 2024. Tribes wishing to engage in individual tribal consultations will have until February 16, 2024 to request a meeting. Comments and requests for tribal consultations may be submitted to tribal.consultation@nahc.ca.gov.

For more information or questions, please contact the Native American Heritage Commission at 916-373-3710 or email us at Tribal.consultation@nahc.ca.gov. Additional information on the Proposed Draft Contact List Regulations may be found here.

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.
  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

CSU Seeks Nominations to NAGPRA Implementation and Oversight Committees

The California State University (CSU) is looking for qualified individuals for nomination to the systemwide and campus-based Native American Graves Protection and Repatriation Act (NAGPRA) Implementation and Oversight Committees. These Committees will provide the CSU with expertise to ensure compliance with the NAGPRA and CalNAGPRA, and  will make recommendations to the CSU chancellor on matters of compliance and best practices. The Committee will also establish directives and guiding principles to help guide all CSU campuses. For campuses that have ancestral remains and cultural items, there will also be campus-based committees formed to assist in their repatriation efforts.

For more information, please see the Press Statement here.

Job Announcement: Office Technician (Typing) – Final Filing Date Extended: 11/21/2023

Under general supervision of the Chief Deputy Executive Secretary, the Office Technician is responsible for a broad spectrum of clerical and administrative duties in order to support the Environmental and Cultural Division, Administrative Division, Chief Deputy Executive Secretary, and Executive Secretary. The OT will be required to work closely with Cultural and Environmental staff to perform education and outreach efforts and be expected to complete tasks utilizing high originality of creativity to contribute to NAHC strategic goals. The OT (T) will need to have the ability to exercise a high degree of initiative and independent judgment to carry out assigned tasks with minimal supervision and direction. The OT (T) must work in a team environment, have strong communication skills, work well under pressure, and meet short deadlines.

 

CalCareers: JC-390210 Office Technician (Typing)

Job Announcement: Staff Services Manager I – Final Filing Date: 11/8/2023

The Staff Services Manager I (SSM I) plays a key role in organizing, planning, and supervising the Administrative Unit’s staff and operations under the NAHC Chief Deputy Executive Secretary’s direction. This includes overseeing Human Resources development, managing Facilities, Budgeting, and clerical operations to ensure effective implementation and ongoing functionality.

 

CalCareers: JC-400208 – Staff Services Manager I

PROPOSED DRAFT CONTACT LIST REGULATIONS POSTED

Attention All,

Draft Contact List Regulations have been uploaded and hyperlinked to the October 20, 2023, NAHC Public Meeting Agenda, Action Item 4(c), Commissioners to consider adopting Draft Contact List Regulations for proposed Tribal Comment & Consultation Period.

October 20, 2023 Agenda: https://nahc.ca.gov/2023/10/public-meeting-notice-and-agenda-october-20-2023/

Proposed Draft Contact List Regulations: https://nahc.ca.gov/wp-content/uploads/2023/10/Action-Item-4a-Proposed-Draft-Contact-List-Regulations-NAHC.pdf

Bagley-Keene Act Impacts to Contact List: https://nahc.ca.gov/wp-content/uploads/2023/10/Action-Item-4-Bagley-Keene-Act-Impacts-to-Contact-List-NAHC.pdf

Job Announcement: Associate Governmental Program Analyst

Under direction of the Chief Deputy Executive Secretary of the Native American Heritage Commission (NAHC), the Associate Governmental Program Analyst (AGPA) will be a part of an interdisciplinary team responsible for independently performing the more complex analytical duties including, but not limited to maintaining the Native American Land Information System (NALIS), representing the NAHC in aiding California Indian Tribes with adhering to the California Environmental Quality Act (CEQA), conferring directly with tribal governments, landowners, environmental consultants, and government agencies as a representative of the NAHC in the protection of tribal cultural resources that are traditionally and culturally affiliated to their jurisdiction to mitigate CEQA project impacts to tribal cultural resources, in order to fulfill the NAHC’s statutory responsibility for the implementation of Assembly Bill (AB) 52 (Gatto, 2014).

CalCareers:

Public Meeting Notice and Agenda – October 20, 2023

PUBLIC MEETING NOTICE AND AGENDA

CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION

Office Phone (916) 373-3710

Email: nahc@nahc.ca.gov

 Location: Pala Casino Spa & Resort

Sycamore Room

11154 CA-76

Pala, CA 92059

Friday, October 20, 2023

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/2023-10-20

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
  • Tribal Host Welcome, Chairman Robert Smith, Pala Band of Mission Indians
  • Traditional Opening (Wayne Nelson, Commissioner)

ACTION

1. New NAHC Commissioners to take the Ceremonial Oath of Office (Reginald Pagaling, Chairman)

  1. Reid Milanovich, Chairman, Agua Caliente Band of Cahuilla Indians
  2. Laurena Bolden, Tribal Councilmember, San Manuel Band of Mission Indians

2. Approval of Meeting Minutes

  1. July 14, 2023, Open Session

3. Commission Sub-Committee Update (Raymond Hitchcock, Executive Secretary) [Sub-Committee Update Memo]

  1. Commissioners to consider filling Sub-Committee vacancies.
    • UC / CSU NAGPRA Policy Sub-Committee vacancies (Commissioner Rodriguez, Chairman Pagaling, TEMPORARY 7-14, 2023)
  2. Commissioners to consider the creation of New Sub-Committees and Appointments to Vacancies.
    • Sacred Lands Inventory & Fee Regulations Sub-Committee
    • Cal NAGPRA Enforcement Regulations Sub-Committee

4. Draft Contact List Regulations (Raymond Hitchcock, Executive Secretary, Mario Pallari, NAHC Attorney) [Bagley Keene Act Impacts to Contact List Memo]

  1. Update on status of Draft Contact List Regulations. [Proposed Draft Contact List Regulations]
  2. Outline Process for receiving Tribal Comments and Consultation on Draft Regulations.
  3. Commissioners to consider adopting Draft Contact List Regulations for proposed Tribal Comment & Consultation Period.

5. UC Systemwide / Campus Committee Nominations Update (Mario Pallari, NAHC Attorney)

  1. Update on UC Systemwide / Campus Committee Vacancies (Mario Pallari, NAHC Attorney) [Oversight Committee Vacancies Memo]
  2. Commissioners to consider approving the NAHC Draft UC/CSU Systemwide / Campus Committee Nomination Process (Mario Pallari, NAHC Attorney) [Committee Nomination Process Memo]

6. Digital Atlas Commission Directives (Raymond Hitchcock, Executive Secretary) [Digital Atlas Memo]

  1. Update Commissioners on Relocation and Modification Options for the Digital Atlas
  2. Commissioners to consider which Agency Website location should host and maintain the Digital Atlas currently on the NAHC Website.
  3. Commissioners to consider adopting revised Disclaimer Language on Digital Atlas Pages.

7. Draft CalNAGPRA Dispute Resolution / Mediation Regulations (Mario Pallari, NAHC Attorney, Raymond Hitchcock, Executive Secretary)

  1. Update on status of Draft CalNAGPRA Dispute Resolution / Mediation Regulations.
  2. Outline Formal Rulemaking Process Timeline for Draft Regulations.
  3. Commissioners to consider approving Draft CalNAGPRA Dispute Resolution / Mediation Regulations to initiate the formal APA Rulemaking Process

8. Calendar Dates and Locations for FY 2023-24 Public Commission Meetings Update (Raymond Hitchcock, Executive Secretary)

  1. Commissioners to approve the following Commission Meeting Locations:
    • Friday, January 19, 2024: Sacramento, CA
    • Friday, April 19, 2024: Location TBD
    • Friday, July 19, 2024: Location TBD

CLOSED SESSION

9. City of Corona WRF Lift Station No. 3 Project, Risk of Litigation (Government Code, § 11126(e)(2)(B)(i). (Mario Pallari, NAHC Legal Counsel)1

ACTION

10. City of Corona WRF Lift Station No. 3 Project (Mario Pallari, NAHC Legal Counsel)2

  1. Commissioners to consider drafting a Letter to the City of Corona
  2. Commissioners to review Mediation procedure and framework for all disputes arising under Pub. Res. Code, § 5097.94 (k) [Mediation Framework Memo]
  3. Commissioners to consider the potential for designating the Corona WRF Lift Station No. 3, Project location a Native American sanctified cemetery and burial ground.

INFORMATIONAL

11. 2023-2027 Strategic Plan Update (Raymond Hitchcock, Executive Secretary) [Strategic Plan Survey Results]

  1. Review Summary of Goals & Objectives outlined in the 2018-2022 Strategic Plan. [2018-2022 NAHC Strategic Plan Objectives Memo]
  2. Discuss next steps for 2024-2029 Ongoing Strategic Plan [Strategic Plan Next Steps Memo]

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

13. 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, October 19, 2023, to be read into the record.  All submissions should include “Public Comment” in the subject line, your name, who you represent, and the subject you wish to address.

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.

_________________________

[1] City of Corona, lead agency, CEQA project: https://ceqanet.opr.ca.gov/2020060417/2 where Cal. Pub. Res. Code § 5097.98 is also applicable.

[2] City of Corona, lead agency, CEQA project: https://ceqanet.opr.ca.gov/2020060417/2 where Cal. Pub. Res. Code § 5097.98 is also applicable.

*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

Save The Date: 56th Annual Native American Day

The 56th Annual Native American Day is returning to the West Steps of the Capitol on September 22, 2023. This year’s theme is “Protecting Our People Through Sovereignty: Past, Present, and Future”. This event is free and open to the public.

We are happy to share this year’s official poster, featuring artwork by Eric Wilder/Kashaya Pomo.

We hope to see you there!

 

State Auditor Report of CSU CalNAGPRA Repatriation Update

On June 29, 2023, the State Auditor completed and filed its findings regarding the California State University System’s progress in repatriating its collections. The audit found that out of 21 CSU’s with NAGPRA collections, more than half have not repatriated any remains or cultural items to Tribes. More than half don’t know the extent of the remains and cultural items in their collections, and as a whole, the system has only repatriated 6 percent of its collections.

A full report on the findings and the State Auditor’s recommendations can be found at the following link: http://auditor.ca.gov/reports/2022-107/index.html#section3

San Jose State Professor Elizabeth Weiss Resigns

In October of 2021, San Jose State Professor Elizabeth Weiss posted a picture of herself posing with a skull and handling it without gloves. This post stirred outrage in the Native community and received heavy backlash, as well as a response from the Native American Heritage Commission deeming the post unacceptable. She had originally been locked out of the school’s collection of skeletal remains and filed a lawsuit, claiming the University retaliated against her; however, she lost her battle to regain access to the collection. Instead, she and the University have reached a settlement to have her voluntarily submit her resignation. She will retire at the end of the 2023-2024 school year.

The full story can be read at the following link: https://www.mercurynews.com/2023/06/26/controversial-san-jose-state-prof-who-posed-with-native-american-skull-to-resign-after-settlement-reached/