Sacred sites bill could create a monster

SignOnSanDiego.com ^ | August 26, 2003

[hedgetrimmer]

Sacred sites bill could create a monster

August 26, 2003

Amid the chaos of the budget crisis and the recall election of Gov. Gray Davis, the Legislature is about to set up a powerful new regulatory agency in an effort to protect Indian sacred sites.

While the sacred places of Native Americans should be protected, the imperious method chosen by lawmakers and the haste with which this new bureaucracy is being formed would scare Californians – if they knew about it. By rushing the sacred sites bill through in the last days of the legislative session, lawmakers are severely restricting public debate on the measure. The law of unintended consequences is sure to broadside the people of California shortly after the bill goes into effect.

Senate Bill 18 would empower the Native American Heritage Commission to regulate development on any land that includes or is close to an Indian sacred site. This would add a new, lengthy and costly regulatory process onto the already complex California Environmental Quality Act. There's no distance limit between a project and a sacred site, so the Native American Heritage Commission could have power over projects that are quite removed from the sacred site itself.

What's more, the bill includes very questionable secrecy provisions. It would make it a crime for anybody engaged in identifying a sacred site and gauging its importance to divulge any information about it to the public. The Native American Heritage Commission could conduct its proceedings on sites, including proposed mitigation measures required of developers, in secret. This would violate the public's right to know about the process of government. And it could prevent property owners from learning if there are sacred sites on or near their land until the commission acted against a project on that property.

Gov. Gray Davis vetoed a very similar bill last year but supports this year's effort. The current bill is co-authored by Senate President Pro Tem John Burton, D-San Francisco, and Sen. Denise Ducheny, D-San Diego.

There's so much about this new regulatory process that hasn't even been considered by the governor and lawmakers. For example, who is going to pay for it?

Complying with new sacred sites regulations on top of environmental regulations would add costs for both property owners and public agencies planning development and construction. Not only would building a new house possibly become more expensive, but so would building a new school or road. When revising a general plan for a region or specific plan for a development, cities and counties would have to consult with the commission first. Who will pay those public costs?

And just how far will the new commission expand its reach? Will it insinuate itself far afield from proposed developments, if it could argue that the developments would affect sacred sites? It certainly could.

There's a much better way to proceed. Instead of this heavy-handed approach, funding could be established, using tribal and public resources, to protect sacred sites identified by the Native American Heritage Commission. These sites could be set aside as preserves, administered by the commission. The answer to protecting sacred sites need not be a powerful new state regulatory commission whose costs will be borne by property owners and local governments.

[hedgetrimmer]

Establisment of religion and deprivation of property rights go hand in hand in this sneak attack on private property. Gray Davis should be impeached. John Burton,and Denise Ducheny should be impeached as well.

[Husker24]

It would make it a crime for anybody engaged in identifying a sacred site and gauging its importance to divulge any information about it to the public.

Could someone please tell me one good reason for this clause? Could someone tell me "thier" reason for it?

[hedgetrimmer]

Because if you knew someone was going to steal your property, you'd probably try to defend it. This way, the steal it right out from under your nose, and you'll never know about it til them come to evict you.

[AEMILIUS PAULUS]

Those allowed to hold office by their very nature, their essence if you please, are bound to foul up. Those presently in charge will call forth their own opposition.They always have. There is nothing that can be done in the short term except ride out the results of their ineptitude.

[hedgetrimmer]

Please ping your property rights, constitutional rights lists.

[Salvation]

I certainly hope this gets defeated!

[hedgetrimmer]

There's no distance limit between a project and a sacred site, so the Native American Heritage Commission could have power over projects that are quite removed from the sacred site itself

So, by California law, indians could force the demolition of the White House-- because they will be granted power over projects quite removed from the sacred site.

[Jim Robinson]

Here's another attack on our property rights by Davis and Co.

[summer]

AAABEST, FYI.

[Libertarianize the GOP]

ping

[Ben Ficklin]

It works like this: If the property thats is to be developed is a sacred sight, the injuns can stop the development. But since they ain't dummies, the realize that they can negotiate with the developer.

If the developer is willing to compensate them, they will allow him to proceed. Of course much wampum will change hands and the injuns will in turn donate a portion to the democrats.

[Coyoteman]

This will be really fun. My company deals with this type of project in California every day. We already figured that the costs to our clients for a routine project will double.

For a non-routine project?? Well, who knows? Can you say lawsuits all over the state? Tied up in court for years? We'll see what happens.

[DeweyCA]

You got it exactly right. This is another Davis money grab. He figures that this will turn out more Indian votes for him to stay in office, and the Indians will give even more millions to the Dems. Absolutely disgraceful!

[RightWhale]

Something like that, not sacred sites but traditional residential lands, were exchanged for the right to build the Transalaska oil pipeline. ANCSA

[Amerigomag]

This is another Davis money grab

The source of the problem is not Davis. It is Burton.

The quicker the legislature is identified as a major player in California's financial and personal rights fiasco the quicker the problem will be solved.

[Publius6961]

I would love to hear the debate on this proposal.
What possible justification can there be other than we will do it because we can; and it can **** up millions of people ha ha.

Personally, my feeling is that had indians never existed, the quality of my life would not deteriorate one iota.
On the other hand, their self-defined importance, and the idiots who support them, have caused misery and problems all over the place.

But for tiny twits, swelling with justified feelings of unimportance, holding millions hostage is "satisfying"; and now possible.

[blam]

The people of California are unaware of the nightmare that is about to happen to them. People will die because of this legislation, mark my word.

[hedgetrimmer]

Its possible taht power plants, water treatment plants, dams, reservoirs and highways could be stopped or made unbearably costly by this legislation.

[adam_az]

I'm waiting for the ACLU lawsuit.... Doesn't this violate that wall between Church and State?

I guess that doesn't apply to the NATIVE AMERICAN CHURCH...

[DoughtyOne]

Thank you for the ping Jim. I agree that this is quite problematic.

It's just amazing for me to watch what this Governor and his packed legislature are willing to ram down California citizen's throats to please special interests. Cruz is getting quite a bit of money from the Indian Casinos from what I've heard. Now this.

There are times when it almost seems wrong to elect our leaders. When they can buy votes, it is terrible. I guess the only thing worse would be not to be able to vote for them.

Can't win for losin!