Gov. Davis backs latest version of sacred sites protection bill

SACRAMENTO, Calif. – A year after vetoing legislation to protect California Indian sacred sites, Gov. Gray Davis announced his support for a similar bill currently working its way through the California legislature.

The bill, known as S. 18 seeks to incorporate American Indian sacred sites into the California Environmental Quality Act (CEQUA) process, placing American Indian sites on the same legal footing as historical or archeological sites.

“These sites represent the long standing traditions that have helped to shape California. We have worked hard to ensure that we protect sacred sites while respecting private property rights. I am honored to sponsor and support this measure,” said Gov. Davis in a telephone conference.

This bill would exempt projects on state-owned land that would impact public safety as well as tribal lands and other tribal property held in trust. However, local jurisdictions and even off-reservation tribal holdings would not be exempt.

One significant impact of this bill is that tribes themselves would not have the individual ability to stop development projects. Though it is required that tribes be consulted during the process, it would ultimately be up to the Native American Heritage Commission whose powers would be expanded to make impact recommendations regarding development proposals within five miles of a tribally identified sacred site.

The bill will require that the nine-member commission be comprised of at least six tribal elders or spiritual leaders who must create a state registry of sacred sites. Sacred sites are identified in the bill as “used for prayer, vision quests, medicine-making, and traditional ceremonies” as well as consecrated burial grounds and other religious sites.

Press reports indicate that there may be as many as 1,500 potential sites in the state.

The bill also has a provision that would protect the location of such sacred sites as burial grounds and authorizes a fine of $10,000 and/ or a year in jail to those who disclose their locations. Gov. Davis stated in a press release that he had problems with last year’s bill because of its lack of balance in identifying the sacred sites to developers and non-disclosure of those sites’ locations.

Larry Myers, who works with the Native American Heritage Commission, says that one of the primary responsibilities of his agency will be to make recommendations to whichever lead state agency is in charge of reviewing a project regarding mitigation of sacred sites.

Myers enthusiastically endorses the project.

“This is very historical, landmark legislation,” says Myers.

Davis also announced that the Native American Heritage Commission would receive an additional $245,000 to handle the task.

Though Gov. Davis insists that the current bill works better for both developers than last year’s version, the primary opposition to this bill comes from business groups and a few local jurisdictions such as the fast expanding city of Moreno Valley. Their primary fear is that the bill could ultimately create a web of environmental regulation and creates veto power for tribes over proposed development projects and creates extra costs to developers.

However, Myers says that this is not the case as the bill only allows provisions for the Commission to make recommendations and specifically states that they would not have ultimate veto power over any specific project.

Gov. Davis insists that the consultation process with the Native American Heritage Commission will not create undue costs.

This bill is not to be confused with another similar bill, known as Assembly Bill 974, making its way through the state legislature that deals only with the coastal areas of California and seeks to amend the California Coastal Act of 1976.

However, S. 18 seeks to apply the coastal bill to the entire state. Sources in the California Assembly say that there is a possibility that the two bills would be combined since they overlap in coastal jurisdictions.

Additionally, the bill would not affect projects that have already been approved under the CEQUA process and allows only a limited appeals process by the California Native American Heritage Commission once a project is approved by CEQUA under the proposed law.

The bill is currently in the Assembly Natural Resources Committee and if passed still has several hurdles in the California legislature before it would reach the floor for a vote.