BILL ANALYSIS
SB 18
Page 1
Date of Hearing: August 20, 2003
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Hannah-Beth Jackson, Chair
SB 18 (Burton) - As Amended: August 18, 2003
SENATE VOTE : 30-8
SUBJECT : Traditional tribal cultural sites.
SUMMARY : This bill creates a procedure in the California
Environmental Quality Act for the Native American Heritage
Commission (NAHC), in consultation with Native American tribes
and other interested parties, to determine whether a proposed
project may adversely change a traditional tribal cultural site
and to recommend project changes and mitigation measures to
avoid or reduce those changes. The bill also revises the duties
and composition of the NAHC, creates procedures for the NAHC and
Native American tribes to participate in local land use
planning, and allows Native American tribes to take title to
conservation easements.
EXISTING LAW :
1)Creates the Native American Heritage Commission with duties
and responsibilities relating to the protection of Native
American culture and cultural sites, including identifying and
cataloguing places of "special religious or social
significance" to Native Americans.
2)Protects, pursuant to the California Environmental Quality Act
(CEQA), historical resources listed in the California Register
of Historical Resources or otherwise determined to be
culturally or historically significant and certain
archaeological resources.
3)Prohibits disclosure of records of Native American graves,
cemeteries, and sacred places.
4)Establishes criminal penalties for possessing Native American
artifacts and remains for sale and for damaging
archaeological, paleontological, or historical features on
public land and defined Native American sites on public land.
5)Limits the entities that may acquire and hold conservation
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easements to certain qualified nonprofit organizations and
state and local public agencies. Native American tribes are
not authorized to take title to conservation easements.
THIS BILL:
1)Makes findings and declarations about the importance of
traditional tribal cultural sites to Native American tribes
and individuals for conducting ceremonies and maintaining
cultural ties to ancestral lands and heritage and the need to
protect those sites.
2)Amends CEQA, and makes related changes in the NAHC's statutes,
to:
a) Designate the Native American Heritage Commission (NAHC)
as a trustee agency under CEQA, with jurisdiction over
Native American archaeological resources and traditional
tribal cultural sites, thereby triggering the requirement
that a lead agency reviewing a proposed project under CEQA
consult with the NAHC concerning any of those resources and
sites that may be affected by the project. This
designation, and the requirement to consult, follows the
existing pattern in the CEQA Guidelines regarding lead
agency consultation with designated trustee agencies having
jurisdiction over certain state resources (Department of
Fish and Game, State Lands Commission, Department of Parks
and Recreation, and the University of California).
(Guidelines 15086, 15386) The bill states that this
trustee status does not impair Native American sovereign
rights over a resource or site. (Public Resources Code
5097.94(a), 21097(k)) [Note: Except where indicated
otherwise, all code references are to new sections or
changes to existing sections proposed by this bill.]
b) Define "traditional tribal cultural site" as a
reasonably delineated location that is identifiable by
physical characteristics and as further defined by criteria
to be adopted by the NAHC within one year that will
identify the site in terms of its association with, or use
as a site for activities related to, traditional beliefs,
cultural practices, and ceremonies of a Native American
tribe. The bill states that the definition is not
intended, however, to infringe on any Native American
tribe's right to define sites that have religious or
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cultural significance to them. (PRC 5097.10(m))
c) Establish the Native American Traditional Tribal
Cultural Site Register, under the administration of the
NAHC. (PRC 5097.94(p), 5097.96(a)) The NAHC is required
to consult with Native Americans and to adopt, by
regulation, criteria for the listing of sites in the
register. (PRC 5097.94(t)) The NAHC may initiate the
listing of a site, and Native American tribes may nominate
sites. The NAHC is required to notify owners of property
within the proposed site's boundaries, and accept written
comments on the nomination, while maintaining
confidentiality of the information. The NAHC is required
to prepare written findings supporting its determination to
list a site and to give notice of the proposed findings to
property owners and tribes. The NAHC is required to
consider any comments regarding the findings before
finalizing them. (PRC 5097.96(a)-(c)) When the listing of
the traditional tribal cultural site is final, the parties
are again notified, and the owner of the property where the
site is located may record the notice, thereby satisfying
disclosure requirements concerning the property. (PRC
5097.96(d)) The listing process is exempt from CEQA. (PRC
5097.96(i)) The listing and supporting documents are
included in the existing exemption that protects Native
American sites from disclosure under the California Public
Records Act. (existing Gov. C. 6254(r), new PRC
5097.96(e))
d) Require, within two years of the bill's effective date,
the NAHC to consult with Native Americans and complete an
expedited listing in the new Traditional Tribal Cultural
Sites Register of worship/ritual and sacred/power sites
previously catalogued by the NAHC under existing law
enacted in 1976 or traditional tribal cultural sites that
are also national or state landmarks. (5097.96(f)-(h))
e) Establish the following CEQA review process for proposed
projects that have the potential to cause substantial
adverse change in a traditional tribal cultural site
(TTCS), which is defined as a "direct or reasonably
foreseeable indirect change to the physical characteristics
of a TTCS in a manner that would diminish the traditional
cultural significance of the TTCS". (PRC 5097.10(l),
21097(a), (b))
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i) Upon determining that the proposed project is not
exempt under CEQA, the lead agency is required to give
written notice of the proposed project to the NAHC and to
the tribes recognized by the federal government and other
California tribes, bands, and nations listed by the NAHC
in the Native American Contact List. The NAHC is
required to organize the list by counties or portions of
counties and to identify the tribe or tribes that have
attached cultural significance to the site. (PRC
5097.94(d), (s)) The notice informs the tribes of their
right to be consulted about the project and includes a
map and information about the project to enable the tribe
to consult with the NAHC and to identify any traditional
tribal cultural site that might be affected by the
project. (PRC 21097(d)) This consultation process
encompasses sites listed in the NAHC's Traditional Tribal
Cultural Site Register and also to a site that the NAHC,
or its executive secretary, determines is eligible for
listing, but has not yet been listed. (PRC 5097.96.1(b))
Eligibility is based on the likelihood that the NAHC or
the executive secretary would find that the site meets
the criteria for listing. (PRC 5097.96.1(b), 21097(a),
(b)) The lead agency is required to facilitate a visit
to the project site by representatives of affected tribes
to ascertain the location of the traditional tribal
cultural site, with the landowner's permission or being
escorted "within existing authority". (PRC 21097(h))
ii) If a tribe responds to the notice and requests
consultation, the NAHC evaluates and determines, in
consultation with "consulting parties" (defined as
affected Native American tribes, property owners within
the site's boundaries, the project proponent, the lead
agency, and other public agencies with specified
jurisdiction), whether a traditional tribal cultural site
may be affected by the proposed project. (PRC
5097.96.1(a), 21097(e)) If the NAHC determines there
is no site affected by the proposed project, the process
ends. (PRC 21097(f)) If the NAHC determines that there
is a traditional tribal cultural site present, but the
proposed project will not alter the physical
characteristics of a site, the process ends. (PRC
5097.96.1(c))
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iii) If, however, the NAHC does not make either of the
preceding determinations, it then will proceed to
determine, in consultation with the consulting parties,
whether the project will result in a substantial adverse
change to a traditional tribal cultural site. (PRC
5097.96.1(d), 5097.96.2) In addition, the NAHC is
required to consider written comments about the proposed
project and may solicit other public input if doing so
will not jeopardize confidential information about the
site. (PRC 5097.96.2(b), (c)) The NAHC then circulates
to the consulting parties written findings to support a
proposed determination that the proposed project will
result in a substantial adverse change to a traditional
tribal cultural site. (PRC 5097.96.2(d)) The findings
are required to identify project changes or mitigation
measures that will avoid or reduce substantial adverse
change to a traditional tribal cultural site to a less
than significant level and to indicate which of them the
project proponent agrees to incorporate in the project
and which the project proponent does not agree to. (PRC
5097.96.3) The NAHC's final determination regarding
substantial adverse change to a site is subject to
judicial review under a writ of mandate. (PRC 5097.96.4)
iv) If, as a result of the consultation process, there
is agreement on incorporating the project changes or
mitigation measures, the lead agency is required to
conclude that any adverse changes to a traditional tribal
cultural site are less than significant. (PRC
21097(i)(1)) If, however, as a result of the
consultation process, there is not agreement on the
project changes or mitigation measures, the NAHC is
required to provide a written recommendation to the lead
agency that identifies any project changes or mitigation
measures that would avoid or reduce potential adverse
changes to a traditional tribal cultural site. The lead
agency is required to consider the NAHC's recommendation
when making its findings in conjunction with
certification of an environmental impact report or
adoption of a mitigated negative declaration and is
required to adopt all project changes or mitigation
measures necessary to avoid or reduce the substantial
adverse change to the traditional tribal cultural site
that the lead agency determines are feasible. (PRC
21097(i)(2)) As defined in CEQA, "feasible" means
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"capable of being accomplished in a successful manner
within a reasonable period of time, taking into account
economic, environmental, social, and technological
factors". (existing PRC 21061.1)
v) A public agency is prohibited from approving or
carrying out a project on public or private land that
will result in a substantial adverse change in a
traditional tribal cultural site unless it finds that
specific overriding economic, legal, social,
technological, or other benefits of the project outweigh
the substantial adverse change to the site; it has made a
good faith effort to consult with affected Native
American tribes and the NAHC; and it finds that all means
for preserving the site have been considered to the
maximum extent practicable. (PRC 21097(j)(1))
vi) A public agency is prohibited from approving,
carrying out, or subsidizing a project located on state
lands or on federal lands managed by the state that will
result in a substantial adverse change in a traditional
tribal cultural site unless the lead agency finds that:
A) Changes have been required or incorporated in the
project that avoid or mitigate the substantial
adverse change in the site, or
B) There is no legal or feasible way to accomplish
the project purpose without causing substantial
adverse change to the site; all feasible mitigation
or avoidance measures have been incorporated in the
project; and there is an overriding environmental,
public health, or safety reason to approve the
project. (PRC 21097(j)(2))
f) Prohibit the approval of any project in certain
sensitive areas designated in the U.S. Bureau of Land
Management's California Desert Conservation Area Plan of
1980 that has been recommended by the federal Advisory
Council on Historic Preservation for disapproval because
the project would destroy historical resources. (PRC
21097(r)) The conservation area comprises all of Imperial
and Inyo Counties and portions of Kern, Los Angeles, Mono,
Riverside, San Bernardino, and San Diego Counties.
g) Exempt all projects determined by the Secretary of
Defense to be necessary for national security from the CEQA
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procedures created by this bill. (PRC 21097(u))
h) Delay the operation of the CEQA procedures created by
this bill until after the initial set of implementing
regulations for the bill have been adopted by the NAHC and
filed with the Secretary of State. (PRC 5097.96 (b),
(g), 21084.3(b), 21097(s)) Proposed projects do not have to
comply with those procedures until the regulations have
been filed.
i) Require, by January 1, 2005, that all functional
equivalents to CEQA conform to the CEQA procedures created
by this bill for evaluating impacts to traditional tribal
cultural sites. (PRC 21097(l))
j) Prohibit the classification of projects that may cause a
substantial adverse change to a traditional tribal cultural
site as categorically exempt a project under CEQA. (PRC
21084.3)
aa) Require the lead agency to consult with the NAHC and
affected Native American tribes to identify actual or
probable Native American human remains and grave goods.
The project proponent is required to employ a Native
American monitor during excavation and to follow a plan to
prevent or minimize destruction of the remains and provide
for their reburial. (PRC 21097(q))
3)Amends statutes relating to the Native American Heritage
Commission (NAHC) and Native American sites to:
a) Revise the composition of the nine-member NAHC to
require that six, rather than five, be elders, traditional
people, or spiritual leaders; require that the six
appointments be allocated geographically, with two from
each of the northern, central, and southern regions; and
specify professional qualifications for the non-Native
American appointments. Appointments continue to be
pleasure appointments. Action may be taken by a majority
of the members present at a meeting at which there is a
quorum of the appointed (not the total) membership of the
NAHC. (PRC 5097.92(a), (b))
b) Authorize three-member regional committees to function
on behalf of the NAHC, with a decision of a committee
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subject to appeal to the full NAHC. (PRC 5097.92(c))
c) Authorize the NAHC to retain its own legal counsel to
advise it and represent it in nonjudicial proceedings.
NAHC counsel or outside counsel could represent the NAHC in
a judicial proceeding if the Attorney General is unable
because of a conflict of interest or any other reason. (PRC
5097.94(g))
d) Restrict the public disclosure of information pertaining
to the identity, location, character, or use of a
traditional tribal cultural site, and penalize the
intentional disclosure of that information as a
misdemeanor, subject to a $10,000 fine or one year's
imprisonment, or both. Release of this information is
prohibited unless the affected tribe affirmatively waives
the restriction on disclosure. (PRC 5097.96.5; other
provisions assuring confidentiality of information in
specific instances are PRC 5097.92(c)(3), 5097.96(c),
5097.96.2(c), 5097.96.4(b), and 21097(n), (o), and Gov. C.
65040.2(f) and 65351.1)
e) Provide a different threshold of damage-"significant and
irreparable" instead of "severe or irreparable"-for the
bringing of a legal action by the NAHC to protect a Native
American sanctified cemetery, place of worship, religious
or ceremonial site, sacred shrine, or listed traditional
tribal cultural site on public property or to assure access
by Native Americans to those places. (PRC 5097.9,
5097.94(j), 5097.97)
f) Authorize the NAHC to assist Native American tribes in
obtaining access to listed traditional tribal cultural
sites on private, as well as public, lands for ceremonial
or spiritual activities. (PRC 5097.94(l)) The NAHC is
also authorized to recommend to the Legislature procedures
and incentives for voluntarily encouraging private land
owners to protect sites and to allow access for traditional
tribal cultural activities. (PRC 5097.94(e))
g) Require the NAHC to assist Native Americans in obtaining
access to, and developing criteria for mitigation measures
for impacts to, "gathering sites", which are defined as
places that are not on the Traditional Tribal Cultural Site
Register and are used for collecting/assembling traditional
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food, plants, and objects used in traditional practice by a
tribe. (PRC 5097.94(r))
h) Make city or county proprietary lands, in addition to
other public property, subject to the prohibition against
interfering with the free expression of Native American
religion or damaging a sanctified cemetery, place of
worship, religious or ceremonial site, or sacred shrine.
(PRC 5097.9)
4)Amends the Planning and Zoning Law (Gov. C. 65000, et seq.)
to:
a) Require the Governor's Office of Planning and Research
to include, in its guidelines for local general plans,
advice on consulting with Native American tribes and the
NAHC on the preservation of traditional tribal cultural
sites. (Gov. C. 65040.2(g))
b) Require each city or county planning agency to consult
with the NAHC and affected Native American tribes in
connection with a new or amended general plan (Gov. C.
65351.1) or a specific plan (Gov. C. 65453(a)) and to
provide opportunities, in public hearings or otherwise, for
the involvement of Native American tribes during the
preparation or amendment of its general plan. (Gov. C.
65351)
c) Redefine the required content of the natural resources
portion of the open-space element of a general plan to
include sites listed in the Native American Traditional
Tribal Cultural Site Register, and require consultation
with the affected Native American tribe regarding
protection and management of the site. (Gov. C.
65560(b)(1) and 65562.5).
5)Authorizes defined Indian tribes to take title to a
conservation easement for the protection of land. (Civil C.
815.3)
6)States that the bill is an urgency measure, but delays the
operation of the CEQA provisions of the bill until after the
NAHC adopts and files implementing regulations.
FISCAL EFFECT : Unknown
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COMMENTS :
1)Estimated number of traditional tribal cultural sites.
Legislation enacted in 1976 requires the Native American
Heritage Commission to identify and catalogue places of
"special religious or social significance" to Native Americans
(PRC 5097.94(a), changed to subdivision (b) by this bill).
According to NAHC staff, approximately 1,500 sites are listed
in the inventory. The types of sites listed are
worship/ritual sites, sacred/power sites, burial sites,
reburial sites, collection sites, bedrock mortar sites, and
rock art sites. Information for each site was compiled by the
NAHC in the form it was originally submitted; the NAHC has
lacked staffing to verify all submittals for completeness and
accuracy.
The categories for worship/ritual and sacred/power sites are
somewhat similar to a "traditional tribal cultural site"
(defined as "a site that is traditionally associated with, or
has served as the site for engaging in activities related to,
the traditional beliefs, cultural practices, or ceremonies of
a Native American tribe". (5097.10(m)) While some
corrections in the submitted information will occur when it is
reviewed, NAHC staff indicates that the underlying ownership
of all currently catalogued worship/ritual sites and
sacred/power sites is approximately the following:
-------------------------------------
|Federal |250 |
|-------------------------------+-----|
|Private |132 |
|-------------------------------+-----|
|Ownership information not |84 |
|furnished | |
|-------------------------------+-----|
|State |29 |
|-------------------------------+-----|
|Local public agency |14 |
|(proprietary) | |
|-------------------------------+-----|
|TOTAL |509 |
-------------------------------------
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Within two years of the effective date of this bill, the NAHC
is required to review the sites included in this catalogue in
light of the NAHC's new criteria for listing sites in the
Traditional Tribal Cultural Sites Register created by this
bill. As a result of this review, many, but not all,
previously catalogued sites are likely to be included in the
new register. Because some of the information submitted for
some of the worship/ritual and sacred/power sites may be
incomplete or inaccurate, some previously catalogued sites
will not have sufficient information to qualify them under the
criteria for inclusion in the new Register.
Further, NAHC and State Office of Historic Preservation staff
believe that, as a result of this bill, there may be
approximately 50 additional sites, which were not previously
catalogued under existing law, to be included in the
Traditional Tribal Cultural Sites Register. According to NAHC
staff, the cultural renaissance among Native Americans over
the past four to five decades has resulted in many places that
are culturally important to them already being identified and
catalogued under the 1976 legislation. Some Native American
tribes may choose, however, to perpetuate the fully
confidential status of their culturally significant sites and
not nominate them for inclusion in the new Register.
2)Cultural diversity among Native Americans in California
According to NAHC staff, the authority in this bill to adopt, by
regulation, criteria for defining sites that are eligible for
listing in the Traditional Tribal Cultural Sites Register is
necessary, in part, to reflect and accommodate the broad
cultural diversity among California's Native American tribes.
According to NAHC staff, in the mid-1700s there were
approximately 60 different tribes in California. Cultural
differences among the tribes were accentuated by the vast
diversity of physical and environmental conditions in
California. The desert, coast, mountain, inland valley, and
each of the other distinct bioregions of California influenced
the cultural development of the tribes residing in each
region.
Most tribes in California were not nomadic. Because California
natives lived in relatively fixed settlements, cultural
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differences deepened over time. These differences were
manifested in the emergence of over 80 distinct linguistic
groups in California, and many of these groups were further
divided into distinct dialects, hindering communication
between tribes, even though some of them lived in fairly close
proximity.
3)Noteworthy amendments since the July 14 hearing
This bill was discussed extensively in a hearing of the Assembly
Committee on Natural Resources on July 14, 2003. Since then,
numerous substantive and clarifying amendments were developed
and included in the August 18, 2003, version of the bill.
Among the more noteworthy substantive amendments are the
following:
a) The amendments delete the arbitrary 5-mile "impact
radius" for excluding proposed projects as having no effect
on a traditional tribal cultural site. As a result of this
change, the geographic scope of the evaluation of whether a
proposed project will result in a substantial adverse
change in a site will be determined by the geographic
extent of the area where the site is located that is
associated with a tribe, or tribes, if any, that requested
consultation about the project within the 20-day period for
responding to the NAHC's notice concerning the proposed
project. (PRC 5097.96.1(d), 5097.96.2, 21097(d), (e))
The full consultation process about a proposed project will
be initiated only if the NAHC's review does not disclose
that no site is present or, if a site is present, the
proposed project will not alter the physical
characteristics of the site.
b) The lead agency determines whether the project changes
or mitigation measures recommended by the NAHC to avoid or
reduce the substantial adverse change to the traditional
tribal cultural site are feasible. (PRC 21097(i)(2))
c) The definition of "traditional tribal cultural site" is
revised to require a traditional association of the site
with Native American traditional beliefs, cultural
practices, or ceremonies (that is, the site must be an
element of culture that has passed down from generation to
generation), or the site must be shown to have been
actually used for activities related to traditional
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beliefs, cultural practices, or ceremonies. Previously,
the site was defined to require only an association with
traditional beliefs, practices, lifeways, and ceremonial
activities. (PRC 5097.10(m))
d) The consultation processes regarding whether a site may
be affected by a proposed project and whether a proposed
project will result in a substantial adverse change to a
site are broadened to include all "consulting parties"-that
is, affected Native American tribes, property owners within
the site's boundaries, the project proponent, the lead
agency, and other public agencies with specified
jurisdiction relating to the proposed project. (PRC
5097.96.1(a))
e) The "site records check service", whereby the NAHC can
provide information on the presence or absence of a site on
the Traditional Tribal Cultural Site Register been expanded
to be available to anyone with an inquiry, irrespective of
a financial or other interest, and also applies to
information on sites that have been nominated but not yet
listed. (PRC 5097.04(s))
f) This bill now prohibits a public agency from approving
or carrying out a project on public or private land that
will result in a substantial adverse change in a
traditional tribal cultural site unless it finds that
specific overriding economic, legal, social, technological,
or other benefits of the project outweigh the substantial
adverse change to the site, it has made a good faith effort
to consult with affected Native American tribes and the
NAHC, and it finds that all means for preserving the site
have been considered to the maximum extent practicable .
(PRC 21097(j)(1)) In the previous version, all available
means had to be considered to the maximum extent possible .
The American Heritage College Dictionary, 3rd edition,
defines "practicable" as "capable of being effected, done,
or put into practice; feasible".
g) There is now a 12-month deadline for rulemaking, whereby
the NAHC is required to adopt, within one year of this
bill's effective date, the initial regulations (1) setting
forth criteria for further defining "traditional tribal
cultural site", (2) governing nominations of sites for the
Traditional Tribal Cultural Sites Register, (3) maintaining
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confidentiality of information about sites, and (4) setting
up the notice procedure ("Native American Contact List").
(PRC 5097.94(t))
h) To provide for the transition to this bill's new CEQA
requirements, the CEQA requirements of this bill would
remain inoperative until four months after the filing of
the NAHC's implementing regulations with the Secretary of
State. (PRC 5097.96 (b), (g), 21084.3(b), 21097(s))
i) The amendments provide for "default determinations" in
the event the NAHC does not act within specified time
limits to issue a determination as to whether a proposed
project will not affect a traditional tribal cultural site
or whether a proposed project will result in substantial
adverse change in a site. (PRC 5097.96 1(e),
5097.96.2(a)
j) The amendments narrow the definition of "substantial
adverse change", by specifying a threshold for change to
the physical characteristics of a traditional tribal
cultural site, in that the change must "diminish the
traditional cultural significance" of the site. (PRC
5097.10(l))
aa) The CEQA provisions restricted a state or local public
agency in approving, carrying out, or subsidizing with
state funds a project on federal lands. The amendments
limit this restriction to federal lands that are managed by
the state, defines federal lands to exclude Indian trust
lands, and prohibits subsidies involving any public funds.
(PRC 21097(j)(2)) An example of federal lands managed by
the state is the Auburn State Recreation Area, in the
foothills east of Sacramento, which consists primarily of
land owned by the U.S. Bureau of Land Management and U.S.
Bureau of Reclamation and operated by the California
Department of Parks and Recreation. The amendments exempt
projects necessary for national defense from the bill's
CEQA provisions. (PRC 21097(u))
bb) The bill prohibits a CEQA lead agency or responsible
agency from approving any project in specified sensitive
areas in California Desert Conservation Area that has been
recommended by the federal Advisory Council on Historic
Preservation for disapproval because the project would
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destroy historical resources. (PRC 21097(r))
cc) The volume of notices regarding proposed projects
required to be sent will be reduced because the NAHC is
required to organize the Native American Contact List by
counties or portions of counties and to identify the tribe
or tribes that have attached cultural significance to the
site potentially affected by the project. (PRC 5097.94(d),
(s))
dd) Technical corrections:
i) This bill defines "determination" as a final
decision of the NAHC. (PRC 5097.10(e)) Somewhat
confusingly, however, the bill uses "determination" and
"decision" interchangeably and uses the phrases
"preliminary determination" and "proposed determination",
which literally read "preliminary final determination"
and "proposed final determination" because of the
definition. The duration of comment periods and periods
for bringing appeals are based on the final or other
status of a determination of the NAHC, and it would
therefore improve the bill's clarity if this terminology
were used consistently and if "determination" were
modified by "final" or "proposed" in appropriate
instances.
ii) On page 18, line 36, "Register" should be inserted
after "TTCS".
REGISTERED SUPPORT / OPPOSITION :
Support
Governor Gray Davis
American Federation of State, County, and Municipal Employees
(AFSCME)
Amah Mutsun Band of Ohlone/Costanoan Indians
Barbareno Chumash Council
Bear River Rancheria
Benton Reservation
Berry Creek Rancheria
Big Lagoon Rancheria
Big Pine Reservation
Bishop Reservation
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Bishop Paiute Tribe
Blue Lake Rancheria
Bridgeport Indian Colony
Buena Vista Rancheria
Cabazon Band of Mission Indians
California Rural Indian Health Board, Inc.
Central Sierra Me-Wuk Cultural and Historic Preservation
Committee
Chemehuevi Indian Tribe
Chicken Ranch Rancheria
Cloverdale Rancheria
Cortina Band of Indians/Cortina Indian Rancheria
Dry Creek Rancheria
Elk Valley Rancheria
Enterprise Rancheria
Federated Tribe of Graton Rancheria
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Support (continued)
Ft. Bidwell Reservation
Ft. Independence Reservation
Gabrieleno Band of Mission Indians
Holman and Associates
Ione Rancheria
Jackson Rancheria
Kashia-Stewarts Point Rancheria
Kern Valley Indian Council
Kulanapan Nation
Lone Pine Reservation
Lytton Rancheria
Manchester Pt. Arena Rancheria
Mooretown Rancheria
Morongo Band of Mission Indians
Pajaro Valley Ohlone Indian Council
Pit River Tribe
Redding Rancheria
Resighini Rancheria
Salinan Tribal Council
Santa Rosa Band of Mission Indians
Santa Rosa Rancheria Tachi Tribe
Shingle Springs Rancheria
C.A. Singer & Associates, Inc.
Sycuan Band of the Kumeyaay Nation
Table Bluff Reservation
Ti'at Society
Timbisha Shoshone Tribe
Toiyabe Indian Health Project, Inc.
Traditional Council of Pimu
Trinidad Rancheria
Tule River Reservation
Tuolumne Rancheria
Smith River Rancheria
Wintun Tribe
Wishtoyo Foundation
Yurok Tribal Council
numerous individuals
Opposition
Adams-Streeter Civil Engineers, Inc.
Alliance for Habitat Conservation
American Motorcyclist Association, District 37 Sports Committee
SB 18
Page 18
American Planning Association California Chapter
Anderson-Cottonwood Irrigation District
Antelope Valley Board of Trade
Antelope Valley Chamber of Commerce
SB 18
Page 19
Opposition (continued)
Arcadia Chamber of Commerce
Association of California Water Agencies
Association of Environmental Professionals
Azusa Chamber of Commerce
Barratt American Incorporated
Black Chamber of Orange County
Building Industry Association of San Diego County
Building Industry Association of Tulare/Kings Counties, Inc.
Burbank Chamber of Commerce
Business Real Estate Brokerage Co.
California Association of Realtors
California Building Industry Association
California Business Properties Association
California Business Roundtable
California Cattlemen's Association
California Chamber of Commerce
California Council for Environmental and Economic Balance
California Farm Bureau Federation
California First Amendment Coalition
California Forestry Association
California Independent Petroleum Association
California Licensed Foresters Association
California Manufacturers and Technology Association
California Mining Association
California Municipal Utilities Association
California Natural Gas Producers Association
California Off-Road Vehicle Association
California Retailers Association
California State Association of Counties
California State Council of Laborers
California Space Authority
California Wind Energy Association
California Women for Agriculture
Calpine Corporation
Carlsbad Chamber of Commerce
Celestin and Associates, Inc.
Central City Association of Los Angeles
Chemical Industry Council of California
CH2M Hill
Chico Chamber of Commerce
Compton Chamber of Commerce
Contracting Engineers, Inc.
Construction Material Association of California
SB 18
Page 20
Consulting Engineers and Land Surveyors of California
Communities in Schools of South Bay, Inc.
Darnell and Associates, Inc.
East County Economic Development Council
SB 18
Page 21
Opposition (continued)
East San Diego County Association of Realtors
Eastbridge Partners
Eastern Municipal Water District
Economic Alliance of the San Fernando Valley
El Centro Chamber of Commerce and Visitors Bureau
Estrella Associates, Inc.
Flatley, Terrence B., Inc.
Foothills Christian Fellowship
Forte Ranch Homes Phase II, Inc.
Gardena, City of
Geosoils, Inc.
Goleta Valley Chamber of Commerce
Granite Construction Co.
Greater Antelope Valley Economic Alliance
Hearthside Homes
Helix Water District
Home Builders Association of the Central Coast
Housing Ownership Advancement Foundation
Huntington Beach Chamber of Commerce
Independent Cities Association
Independent Oil Producers Agency
Industry Manufacturers Council
Kings County Economic Development Corporation
La Mirada Chamber of Commerce
Lake Forest, City of
League of California Cities
Los Angeles Area Chamber of Commerce
McKeever and Danlee Confectionery Company
MELA Counseling Service Center
Mendocino, County of
Merced, County of
Mid-Valley Chamber of Commerce
Monrovia, City of
Montebello Chamber of Commerce
Moreno Valley, City of
Morris National, Inc.
National Association for Hispanic Elderly
National City Chamber of Commerce
Nester Construction and Development, Inc.
New Dawn Homes, Inc.
Nisei Farmers League
Oak Valley Partners
Off-Road Business Association
SB 18
Page 22
Orange Chamber of Commerce and Visitor Bureau
Orange County Business Council
Orange, County of
Orco Block Co.
SB 18
Page 23
Opposition (continued)
Pacific Gas and Electric Company
Pacific Soils Engineering, Inc.
Pacifica Development, Inc.
Pardee Homes
Parsons Brinckerhoff
Petra Geotechnical, Inc.
Pico Rivera, City of
Reclamation District No. 2068 (Dixon)
Recupero and Associates
Regional Council of Rural Counties
Regional Legislative Alliance of Ventura and Santa Barbara
Counties
Resource Landowners Coalition
Rosemead, City of
Sacramento Valley Landowners Association
San Diego, County of
San Diego Off-Road Coalition
San Diego Regional Economic Development Corporation
San Gabriel Valley Economic Partnership
San Rafael Chamber of Commerce
Santa Barbara, County of
Santa Barbara County Taxpayers Association
Santa Barbara Industrial Association
Santa Clarita, City of
Santa Clarita Valley Chamber of Commerce
Shea Homes
Sempra Energy
Simpson Resource Company
Southern California Ready-Mixed Concrete Association
Southern California Rock Products Association
Standard Pacific Homes
Sutter, County of
Tulare, County of
Turner Development Corporation
United Chambers of Commerce of the San Fernando Valley
United States Marine Corps
Vallecitos Water District
Valley Center Municipal Water District
Valley Industry and Commerce Association
Very Special Chocolates
Visalia Chamber of Commerce
WNC and Associates, Inc.
Western Municipal Water District
SB 18
Page 24
Western States Black Research and Educational Center
Western States Petroleum Association
Westminster Chamber of Commerce
Wheeler Ridge - Maricopa Water Storage District
Yolo, County of
SB 18
Page 25
Opposition (continued)
Zeiser Kling Consultants, Inc.
Analysis Prepared by : Jeff Arthur / NAT. RES. / (916) 319-2092