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]

The bill used to be SB 1828.

Here is more info:

SB 1828 (Burton) Sparks CMA Opposition

Industry Impact:
Purportedly designed to kill the Glamis Gold project in Imperial County, this bill gives Native American tribes veto authority over any state permit by claiming an area is "sacred" during the CEQA process.

California Mining Authority Action:
Opposition testimony before a Senate Environmental Quality Committee hearing in April came from Bill Krauss of Apex Group for CMA and from Chuck Jeannes, Glamis vice president of administration. The bill passed from committee on a 5-1-1 vote.

“Extremely broad” and a threat to land use authority processes statewide is how Executive Director Denise Jones characterizes SB 1828 in a CMA response to sponsor Sen. John Burton.

The letter points out: “Your measure states that should a Native American tribe ‘declare’ a given site sacred, the declaration is evidence… of a significant effect on the environment. In effect, this new authority would give Native American tribes the ability to stop any project simply by making a declaration.”

Of equal concern is that the “extremely broad” measure doesn’t limit veto authority to Native American properties but extends to all private and public lands in California. Jones labels as “wholly inappropriate” giving this level of authority to any third party.

Glamis Vice President Jeannes in written comments to Burton underlines the company concern for a “huge potential impact…on development of all kinds throughout California.” Such legislation, he believes, would extend “wilderness-like” protection, not just to Glamis Imperial Project site, but to vast areas of the state by giving third parties complete and unreviewable control over state permitting of any activity.”

Jeannes also sees SB 1828 as unconstitutional and unenforceable, or at least, as requiring payment of just compensation for “taking” of private property interests. Glamis has invested more than $14 million and a decade of work in the permitting process for the proposed Glamis Imperial Project gold mine in Imperial County.

[lawdog]

See in a "peoples democracy" like California there is no limit to what you can buy ( like a politician ). Wait till Bustamante gets in, he's nothing if not big Indian gamblin' money!!!

[hedgetrimmer]

Here are the official supporters of the bill:

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
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

[hedgetrimmer]

More supporters:
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

[hedgetrimmer]

Here is the official opposition list. Please note that property owners, water suppliers, energy suppliers and oil companies are all threatened by this bill. It also threatens national security-- note that the Marine Corps is opposing it.

Adams-Streeter Civil Engineers, Inc.
Alliance for Habitat Conservation
American Motorcyclist Association, District 37 Sports Committee
American Planning Association California Chapter
Anderson-Cottonwood Irrigation District
Antelope Valley Board of Trade
Antelope Valley Chamber of Commerce
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.
Consulting Engineers and Land Surveyors of California
Communities in Schools of South Bay, Inc.
Darnell and Associates, Inc.
East County Economic Development Council
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
Orange Chamber of Commerce and Visitor Bureau
Orange County Business Council
Orange, County of
Orco Block Co.
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
Western States Black Research and Educational
Center
Western States Petroleum Association
Westminster Chamber of Commerce
Wheeler Ridge - Maricopa Water Storage District
Yolo, County of

[IronJack]

the Legislature is about to set up a powerful new regulatory agency in an effort to protect Indian sacred sites.

Doesn't this constitute an endorsement of religion, clearly in violation of the First Amendment's establishment clause? If the Ten Commandments in Judge Moore's courthouse in Alabama do, then this certainly does, doesn't it?

[hedgetrimmer]

Its doubtful that the ACLU would pick up this case.

[lawdog]

Just like Gomer says, S-U-R-P-R-I-S-E, surprise, surprise !

[risk]

It's time we declared that our own property ownership itself is sacred.

[yankeedame]

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.

"...they can (cough, cough,clear throat) negotiate (shall we say?) with the developer."

[hedgetrimmer]

Note that the California Space Authority opposes this bill because land used for space research are threatened.

Ping your space list. These guys, and Calfornia need our support.

[farmfriend]

Sacramento area ping list.

[SteveH]

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.

I did some deed research on a historical site next to the development where I am. It turned out that my area had been an Indian village in prehistory, and an Indian rancheria in the Mexican and gold rush era. In addition, the post-Indian historical information I found indicated that the city and historical commission was wrong on several details concerning the local history of the area. Once I dug up the info and passed it on to them, it turned out that they had no provisions in their charter for correcting errors. My input sits in limbo. I got the impression that I had hit a political iceberg of some kind. In any case, I agree this new commission is dangerous, since all land in California once belonged to the Indians and therefore all the land is potentially, or potentially near, a sacred site... Which is another way of saying anyone who wants to develop their land is potentially screwed...

[hedgetrimmer]

anyone who wants to develop their land is potentially screwed

I would say most likely instead of potentially. With the gaming rights, the recent indian reservation sovereignty laws and then this bill, Gray Davis and John Burton have done the unthinkable. They have given California back to the indians.

[Hugin]

While the sacred places of Native Americans should be protected,

To hear the American Indians tell it, every square inch of the country was sacred to them. I recently heard of them working with the enviromenal extremists to shut down a mining operation (which conformed to all enviromental regulations) due to the "proximity to Native American artifacts and structures". What were they? It seems a couple miles away there were trails. From the look of them they appeared to be typical game trails, but once the environazis found some local Indians, they discovered they were sacred trails created by the local tribe centuries ago.

In any case, shouldn't all sacred Indian sites be removed from public lands? After all, we can't have a cross or the Ten Commandments on public property.

[LittleJoe]

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

Communism is the abolishment of private property...Joseph Stalin

[SierraWasp]

"They have given California back to the indians."

So what's that gonna do to Atzlan, or whatever Cruz Bustamoney's Mexifornia is gonna be called? Geeze... with the Demonicrats tax sucking schemes, Indian warlords and their gambling suckers, the illegal Mexican aliens tending the dope crops on expanded public lands, the "Born Again Pagans" putting all mining, new water storage and natural resources off limits... WHERE'S THE REAL MONEY GONNA COME FROM???

Certainly not from ANY remaining productive business enterprise!!! CA is just gonna collapse in an economic dung heap!!!

[My2Cents]

A good, yet disturbing post. Your point about this being both an establishment of religion, and a taking of private property, are well taken. However, I think the most sacred sites to tribe are the Indian casinos.

[John Jorsett]

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

It's not likely: it's certain. All of San Diego County, with the exception of one small corner, will be blanketed by this law. Nothing will get done here without the commission saying it's ok. And to say it's ok, I'm betting that it'll take some major donations or concessions to the tribes.

[eldoradude]

Supported by the Shingle Springs Rancheria. All of the property along Reservation Road is now sacred. All property owners must abandon their homes and pay for the restoration of the land to its original state, whatever that is.

Makes about as much sense as Charlie Rose. Then we can have Clarence the Dilbert turn off the water.

El Dorado County, what a wonderful place to live!