Public Hearing Notice and Agenda – Thursday, October 17, 2019
PUBLIC HEARING NOTICE AND AGENDA
CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION
Office Phone (916) 373-3710
Ziggurat Building Auditorium
707 3 Third Street, West Sacramento, CA 95605
Thursday, October 17, 2019
1:00 PM to 3:00 PM
Notices and agendas for Native American Heritage Commission meetings and public hearings may be found at http://www.nahc.ca.gov
This meeting will be live-streamed at http://www.cal-span.org.
Questions may be submitted at firstname.lastname@example.org. We will endeavor to answer all questions in real time.
Additional comments may be sent to: Native American Heritage Commission 1550 Harbor Blvd, Suite 100, West Sacramento, CA 95691 or via email: email@example.com
|1:00 PM|| WELCOME & INTRODUCTIONS NATIVE AMERICAN HERITAGE COMMISSION|
| ||1.|| Introductions – Christina Snider, Executive Secretary, Native American Heritage Commission (NAHC)|
| ||2.|| Purpose and goals of the Public Listening Session – Laura Miranda, Vice-Chairperson of the NAHC|
|1:15 PM|| PRESENTATION|
|Brief discussion of the history of the California Native American tribe definition and the role of the Native American Heritage Commission with these definitions. – Laura Miranda, Vice-Chairperson and Merri Lopez-Keifer, Secretary.|
|1:30 PM|| PUBLIC COMMENTS – Please submit a speaker card|
|The NAHC has received numerous concerns about the definition of California Native American tribe in Health and Safety Code Section 8012. The Commission has heard these concerns and is initiating listening sessions to gather information from interested tribes, individual tribal people and the general public on this issue.|
| || || || |
|Please consider reviewing the following before the public hearing:|
| ||SB 18 (Cal Civil Code 815.3) and AB 52 (Cal. Pub Res Code 21073)|
Definition of A “Californian Native American tribe”
“California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for purposes of Chapter 905 of the Statutes of 2004 [SB 18].
CalNAGPRA Definition of a “California Indian tribe”
(Cal. Health and Safety Code 8012(j)):
| ||“California Indian tribe” means any tribe located in California to which any of the following applies:|
(1) It meets the definition of Indian tribe under the federal Native American Graves Protection and Repatriation Act (25 U.S.C Sec. 3001 et seq).
(2) It is not recognized by the federal government, but is indigenous to the territory that is now known as the State of California, and both of the following apply:
(A) It is listed in the Bureau of Indian Affairs Branch of Acknowledgement and Research petitioner list pursuant to Section 82.1 of Title 25 of the Federal Code of Regulations.
(B) It is determined by the Commission to be a tribe that is eligible to participate in the repatriation process set forth in this chapter. The Commission shall publish a document that lists the California tribes meeting these criteria, as well as authorized representatives to act on behalf of the tribe in the consultations required under paragraph (3) of subdivision (a) of Section 8013 and in matters pertaining to repatriation under this chapter. Criteria that shall guide the Commission in making the determination of eligibility shall include, but not be limited to, the following:
(i) A continuous identity as an autonomous and separate tribal government.
(ii) Holding itself out as a tribe.
(iii) The tribe as a whole has demonstrated aboriginal ties to the territory now known as the State of California and its members can demonstrate lineal descent from the identifiable earlier groups that inhabited a particular tribal territory.
(iv) Recognition by the Indian community and non-Indian entities as a tribe.
(v) Demonstrated membership criteria.
|B.||POSSIBLE QUESTIONS AND TOPICS ON WHICH TO ADDRESS THE COMMISSION (Please note that you are not limited to these topics, but please stay within the scope of the listening session):|
| ||1)||Should there be separate definitions of California Native American tribe for certain statutes, like CalNAGPRA and the MLD statute?|
| ||2)||What are the specific issues concerning the definition(s) and what are changes that you would like to see with the definition(s)?|
| ||3)||What would you like to see in terms of the NAHCs role with the definitions and the Contact List?|
| ||4)||Should there only be one definition of California Native American tribe? If yes, what would that include?|
|*The Native American Heritage Commission complies with the Americans with Disabilities Act (ADA). If you need additional information or assistance, please contact the Commission at (916) 373-3710 or via email at firstname.lastname@example.org. Our website address is: www.nahc.ca.gov. Follow us on Twitter: @CA_NAHC|