Local and Tribal Intergovernmental Consultation Senate Bill 18: Law, Definitions, Process. Protection of Traditional Tribal Cultural Places .
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Protection of Traditional Tribal Cultural Places
SB 18 requires cities and counties to contact, and consult with, “California Native American Tribes” before adopting or amending a General Plan, or when designating land as Open-Space, for the purpose of protecting Native American Cultural Places.
The Legislature finds and declares all of the following (paraphrased):
California Native American Tribe
SB 18 requires contact and consultation with “California Native American Tribes that are on the contact list maintained by the California Native American Heritage Commission”.
NAHC created a new list specific for SB 18.
Civil Code 815.3 A federally recognized California Native American tribe or a non-federally recognized California Native American tribe……..
GC 65352 California Native American tribe, with traditional lands within the city or county’s jurisdiction.
Made up of entities that can be considered “Tribal Governments” which include:
Term was created for
OPR’s Tribal Consultation Guidelines
SB 18 (GC Sections) refers to “places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code.”
PRC 5097.9 Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine. (Private Lands)
PRC 5097.993 Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site. (public lands)
(Talk to the Tribes)
Senate Bill 18 was signed into law in September of 2004 with the main provisions taking effect on March 1, 2005.
GC 65352.3 Prior to the adoption or any amendment to a General Plan, proposed on or after March 1, 2005, the city or county shall conduct consultations with California Native American tribes for the purpose of preserving or mitigating impacts to Cultural Places.
Once contacted, Tribes have 90 days to request consultation.
GC 65562.5 On or after March 1, if land designated, or proposed to be designated as open space, contains a cultural place, the city or county in which the cultural place is located shall conduct consultations with the Tribe, if any, that has given notice pursuant to Section 65092 for the purpose of determining the level of confidentiality required to protect the cultural place and for the purpose of developing treatment with appropriate dignity of the cultural place in any corresponding management plan.
Consultation between government agencies and Native American Tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural significance.
GC 65040.2(g) By March 1, 2005, the guidelines shall contain advice for consulting with Native American Tribes for all of the following:
(1)The preservation of, or the mitigation of impacts to, places, futures, and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code. (cultural places)
(2)Procedures for identifying through the Native American Heritage Commission the appropriate Native American Tribes.
(3)Procedures for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those cultural places. (SB 922)
(4)Procedures to facilitate voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those cultural places.
Guidelines are available on OPR’s Website:
Amended the Public Records Act (CPRA) to aid in the protection of information regarding cultural places.
Added language to existing exemptions to the CPRA that keeps certain records free from public disclosure.
GC 6254(r) “records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects described in Section 5097.9 and 5097.993 of the Public Records Code maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency.”
GC 6254.10 “records that relate to archaeological site information and records maintained by, or in the possession of, the Department of Parks and Recreation, the State Historical Resources Commission, the State Lands Commission, another state agency, or a local agency, including the records that the agency obtains through a consultation process between a California Native American Tribe and a state or local agency.”
GC 65092 (a) When a provision of this title requires notice of a public hearing to be given pursuant to Section 65090 or 65091, the notice shall be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice………….
GC 65092(b) As used in this chapter, “person” includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.
(Tribes must request this notice to be eligible for Open Space consultation specific to GC65562.5)
GC 65351 During the preparation or amendment of the general plan, the planning agency shall provide opportunities for the involvement of citizens, California Native American tribes, public agencies, ……… and other community groups, through public hearings and any other means the city or county deems appropriate.
GC 65352 (a) Prior to action by a legislative body to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the following entities:
(1-7 other entities)
(8) On or after March 1, 2005, a California Native American tribe, that is on the contact list maintained by the Native American Heritage Commission, with traditional lands located within the city or county’s jurisdiction.
GC 65352(b) Each entity receiving a proposed general plan or amendment of a general plan pursuant to this section shall have 45 days from the date the referring agency mails it or delivers it in which to comment unless a longer period is specified by the planning agency.
GC 65560 (b) “Open-space land” is any parcel or area of land or water that is essentially unimproved and devoted to an open-space use as defined in this section, and that is designated on a local, regional, or state open-space plan as any of the following:
GC 65560(b)(5) Open space for the protection of places, features, and objects described in Section 5097.9 and 5097.995 of the Public Resources Code.
Civil Code Section 815.3 Only the following entities or organizations may acquire and hold conservation easements:
(c) A federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed.