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| This strategic plan has been developed to focus the
growth of the Native American Heritage Commission to assist the public,
the development community, local and federal agencies, educational
institutions and California Native Americans to better understand
problems relating to the protection and preservation of cultural resources.
It is hoped that this document will serve as a tool to resolve these
problems and create an awareness among lead agencies and developers
of the importance of working with the people that are directly affected
by their actions. |
| This strategic plan contains six components. The mission
statement, principles, vision, description,goals and objectives measures
are the key elements to this plan. The first three elements identify
the reason the Commission was created and the philosophy and values
on which the Commission basis its operation. |
| The program description is an important element because
it describes the operations of the office. The assessment summary
will provide the reader a clear understanding of the restrictions
which the office encounters and be pleased with the success that has
been achieved in spite of the adversities. |
| The identified goals and objectives go beyond the duties
and responsibilities identified in the Public Resources
Code §5097.9 et. al. The accomplishment of these goals will be
a major step in achieving the vision as outlined in this plan. |
| The final important element is the performance measure.
This tool evaluates the activities and efforts made in achieving the
goals and objectives. This plan is the Commission's hope for the future. |
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| The Mission of the Native American Heritage Commission
is to provide protection to Native American burials from vandalism
and inadvert destruction, provide a procedure for the notification
of most likely descendants regarding the discovery of Native American
human remains and associated grave goods, bring legal action to prevent
severe and irreparable damage to sacred shrines, ceremonial sites,
sanctified cemeteries and place of worship on public property, and
maintain an inventory of sacred places. |
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| The Commission will exercise the following principles
in an effort to be responsive to its internal and external communities:
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| The Commission must be sensitive to all California Native
Americans. |
| The Commission will facilitate a cooperative working
relationship with developers, private land owners, local agencies,
and the California Native American community. |
| The Commission will administer the thorough and complete
application of the Public Resources Code §5097.9
et. al. and the Health and Safety Code §7050.5.
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| The Commission will not express its opinion regarding
recommendations for the treatment and disposition of Native American
human remains and associated grave goods. |
| The Commission will not become involved in tribal politics.
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| The Commission will treat all Native American groups,
tribes, and individuals with respect and dignity. |
| The Commission will conduct State business in a professional
and sensitive manner. |
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| California Native American cultural resources, habitation
sites, burial sites, sacred sites, ceremonial sites, and places of
worship are limited resources for Indian and non-Indian people. They
are important to the culture and spiritual beliefs of California Native
Americans. Therefore, they must be protected in a sensitive manner
that involves local Native American people. An effective protection
program will benefit all citizens of California. |
| Developers, private property owners, lead agencies,
and law enforcement agencies will become aware of the importance of
cultural resources to all the citizens of California. Additional State
legislation and local ordinances will be enacted to more effectively
protect cultural resources. |
| Tribal governments, Indian organizations, and most
likely descendants will become knowledgeable of effective mitigation
measures, treatment and disposition of Native American human remains
and associated grave goods, protection of sacred places, and state
and federal laws. All Native Americans will
be permitted access to burials, sacred sites, ceremonial places, and
places of worship on public and private property. A cooperative working
relationship among California Native Americans, developers, private
property owners, and lead agencies will be established. This is a
vision that all Californians will come together to protect and preserve
this valuable State heritage. |
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| The Native American Heritage Commission was established
in 1976. It was created because California Native Americans were demanding
protection of their burial grounds from vandalism, destruction and
scientific research. Many human remains were left baking in the sun
by workers, as large burial mounds were uncovered during construction
for housing and roads. These remains were simply ignored by the workers
or collected by archaeologists and amateur archaeologists. |
| Thus, the Commission was created by the Legislature
and approved by the Administration in an effort to rectify some of
these ills. Under this program, California's most likely descendants
have a voice in determining the treatment and disposition of Native
American human remains. The right of most likely descendants to control
analysis of Native American remains was affirmed by the State Appellant
Court in a decision known as the 'Van Horn Case". |
| In addition to the insensitive wholesale destruction
of burial sites, archaeologists were collecting Native American human
remains at an alarming rate. Remains were being warehoused at locations
across California for future research projects. In many instances,
curators and researchers had no idea how many remains they had nor
any province regarding the remains. The taking of these remains was
a continuation of the behavior toward Native Americans between 1850
and 1900. |
| During the period between 1850 to 1900, 90% of the
California Indian population perished from disease, starvation, poisoning,
or gun shot wound. Until 1983, people were collecting the human remains
without any care, worry or concern for what the Native people were
feeling or the religious beliefs of these people. All of this was
legal; therefore, impossible for Native Americans to stop until appropriate
legislation was passed. |
| It has become imperative for the Commission to act
as liaison in disseminating and interpreting laws, rules and procedures
affecting the large number of federally recognized tribes, tribal
groups applying for federal recognition, California Native American
organizations, and individuals concerned with the protection and involvement
of Native American cultural resources and human remains. The Commission
is an essential hub for information flow. Many lead agencies and developers
are unaware of tribal concerns and who to contact to solicit information
regarding impacts to cultural resources. Too often, developers are
unaware of their responsibilities as defined in the Health
and Safety Code and Public Resources Code
that apply to cultural resources and the discovery of Native American
human remains. One of our prime duties continues to be the education
of these people. There have been several occasions in which the coroners
offices were not aware of the law. There has been some instances in
which we have met resistance from various coroners as to their responsibility
as defined in the Health and Safety Code. |
| Our involvement has not been limited to working with
developers and lead agencies. The Commission works closely with museums,
community colleges, state universities, private universities, and
the University of California campuses. Our involvement often deals
with the Native American
Graves Protection and Repatriation Act of 1990. Under this law,
museums, universities, and state agencies that receive federal funds
must complete inventory and summary reports of human remains, funerary
objects, objects of cultural patrimony, and sacred objects and must
identify the culturally affiliated tribal groups. These agencies rely
upon the Commission as a prime resource for assistance in identifying
and locating possible culturally affiliated tribal groups. |
| The Native American Heritage Commission works cooperatively
on an ongoing basis with the Department of Transportation, Department
of Parks and Recreation, Department of Forestry and Fire Protection,
Department of Water Resources, Department of Fish and Game, and California
Arts Council. |
| During the construction of the highway system in California,
many Native American burials were unearthed. Today, during repairs,
replacement, or new construction, the Department of Transportation
continues to encounter Native American human remains, associated burial
goods, and impacts cultural resources. The office has assisted the
Department of Transportation to develop an operations manual for use
of their employees regarding the discovery and protection of human
remains and working with local tribes. |
| The Department of Parks and Recreation owns or manages
many acres of land. Many of these parks contain cultural resources
and sacred/religious sites. The office is consulted by the department
when interpretive centers are being developed. The office works closely
to assure that tribal groups are included in the planning so cooperative
working relationships are developed that will lead to accurate information
regarding the local Native Americans customs and traditions. |
| The Department of Forestry and Fire Protection approves
timber harvest plans on private land. Many of the private lands contain
cultural resources and Native American burial sites. The Commission
continues working with this department to develop timber harvest plans
that contain regulations to avoid the destruction of sites and to
protect burials. Efforts have been made to include Native Americans
on the timber harvest review teams. |
| At the request of local Indian people, this office has
worked with the Department of Fish and Game to remove the limitations
for the collection of seaweed. Native Americans use this not only
for consumption, but in some instances it is used in ceremonies. The
Department has removed its restrictions on weight limitations and
no impact to the seaweed environment has resulted. |
| At the federal level, this office deals with the Bureau
of Land Management, U.S. Forest Service, National Park Service, Bureau
of Indian Affairs, Federal Highways Administration and Army Corps
of Engineers. |
| Often, developers encounter Native American human remains
and associated grave goods during the development of a construction
project. The number of human remains can range in the hundreds. The
number of associated grave goods can be in the thousands. Discoveries
of this nature require extreme sensitive treatment. Many times disagreements
between the most likely descendent and the developer arise. This office
works with both parties in an effort to resolve problems and identify
a course of action that is acceptable to everyone. Usually, the developer
is concerned with added cost and the projects public image. The most
likely descendent is concerned with unnecessary removal of burials
and would prefer the project be redesigned. |
| Daily workload of the office includes review of environmental
impact reports for projects on federal land and under state jurisdiction,
negative declarations, mitigated negative declarations and timber
harvest plans. The cultural resource section of each report is reviewed
for adequate mitigation and verification if appropriate local tribal
groups have been contacted regarding the project. Reports are also
checked against our sacred lands file. |
| The office must also be responsible to the nine member
Commission who convene in session to hear and act upon additional
concerns that tribal groups and individuals present. The nine commissioners
represent different tribal groups, different perceptions and beliefs;
therefore, are able to be responsive to concerns brought before them. |
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| Goal: |
| Promote adoption of protective measures by city/county
agencies to protect cultural resources. |
| Objective: |
| Meet and confer with planning departments and other
interested parties to assist in the development of local ordinances. |
| Goal: |
| Training for law enforcement agencies, public agencies,
archaeologists, and Native Americans. |
| Objective: |
| Implementation of appropriate laws and enforcement responsibilities
-individuals and agencies impacted by the discovery of Native American
human remains. |
| Sacred Lands File |
| Review and update information; |
| Notify property owners who have listed sites on their
property; |
| Consult with Native Americans regarding the addition
of sites to the Sacred Lands File. |
| Goal: |
| Training for Native American Heritage Commission staff
as it relates to protection of cultural resources. |
| Objective: |
| Environmental Laws |
| State and Federal legislative changes and court decisions. |
| Cultural resources |
| Archaeological field work; |
| Enthnohistory library. |
| Goal: |
| Determine the Most Likely Descendants. |
| Objective: |
| Request documentation to assist the Commission in the
determination of the Most Likely Descendant. |
| Compile and interpret documentation from Most Likely
Descendants for input to database. |
| Goal: |
| Develop a means of disseminating information and provide
a forum to address concerns. |
| Objective: |
| Commission meetings - Increase regional meetings. |
| Newsletter - Semi-annual publication. |
| Internet - Homepage. |
| Information publication - Professional
Guide; Native American Heritage Commission Information Guide. |
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