California Native American Heritage Commission

California Native American Heritage Commission
Name	California Native American Heritage Commission
Formed	1976
Jurisdiction	California
Headquarters	Sacramento, California
Chief1 name	Executive Director
Parent agency	State of California

Contents

California Native American Heritage Commission is a California state office created to identify, protect, and preserve Native American cultural resources, sacred sites, and human remains within California. The commission interfaces with federally recognized tribes such as the Yurok Tribe, Maidu, Pomo, Miwok, Chumash, and Tongva as well as with state agencies like the California Department of Transportation and the California Natural Resources Agency. Its work intersects with landmark statutes and institutions including the Native American Graves Protection and Repatriation Act, the National Historic Preservation Act, the California Environmental Quality Act, and the Governor of California's office.

History

The commission was established in 1976 during a period of increased activism by groups such as the American Indian Movement, leaders like Ishi advocates, and organizations including the Inter-Tribal Council of California. Early interactions involved disputes over projects by entities such as the California Department of Water Resources, Pacific Gas and Electric Company, and private developers near places like Mono Lake and Point Reyes. High-profile events informing its formation included controversies over the protection of human remains similar to those prompting passage of the Native American Graves Protection and Repatriation Act and state measures influenced by cases involving the San Francisco Presidio, Alcatraz Island, and tribal actions by the United Auburn Indian Community.

The commission's statutory authority derives from the California Public Resources Code provisions enacted by the California State Legislature and signed by governors including Jerry Brown and predecessors. It operates within the framework of federal laws such as the Native American Graves Protection and Repatriation Act and interacts with rulings from courts including the California Supreme Court and the United States Court of Appeals for the Ninth Circuit. Responsibilities include implementation of statutes affecting access to tribal consultants for projects by Caltrans, mitigation agreements with agencies like the California Department of Parks and Recreation, and enforcement actions coordinated with prosecutors in counties such as Los Angeles County and Alameda County.

The commission is composed of appointed members representing diverse tribal communities including delegations from tribes like the Sherwood Valley Band of Pomo Indians and Hoopa Valley Tribe. Appointments are made through executive actions by officeholders including the Governor of California and confirmation processes involving the California State Senate. Administrative functions are overseen by an executive director who liaises with entities such as the California State Archives, California Native American Heritage Preservation Programs, and regional offices of the Bureau of Indian Affairs. Collaboration occurs with academic institutions including the University of California, Berkeley, Stanford University, and the California State University system for anthropological review and curation.

Programs encompass site surveys in regions like the Sacramento Valley, Central Coast, and North Coast, consultation rosters for federally recognized tribes including Karuk Tribe and Yurok Tribe, and repatriation coordination similar to processes at the Smithsonian Institution or the Peabody Museum of Archaeology and Ethnology. The commission issues determinations under statutes affecting projects by entities such as the California Department of Transportation, Pacific Gas and Electric Company, and municipal agencies like the City and County of San Francisco. It publishes guidance used by agencies such as the California Coastal Commission and partners with nonprofit organizations including the Native American Heritage Association and the Autry Museum of the American West on outreach, education, and preservation initiatives.

Consultation protocols require engagement with tribal governments such as the Makaʼa̱k-affiliated communities, Yurok Tribe, Karuk Tribe, Hoopa Valley Tribe, Cahuilla, Luiseno, Maidu, and Chumash for projects by agencies like Caltrans or developers working in Los Angeles County and San Diego County. The commission maintains lists and implements practices comparable to tribal consultation frameworks used by the Bureau of Indian Affairs and federal agencies including the National Park Service. It convenes hearings and workshops partnered with universities like University of California, Davis and advocacy groups such as the Native American Rights Fund to address cultural resource protection, repatriation, and tribal sovereignty issues raised by communities including the Tolowa Dee-niʼ Nation and Yurok Tribe.

Notable matters include disputes over construction projects affecting sites near Mono Lake, the impact of transmission projects by Pacific Gas and Electric Company and Southern California Edison on sacred landscapes, and clashes between preservation efforts and redevelopment in areas such as Los Angeles and San Francisco Bay Area. These controversies have involved legal actions referenced to courts like the United States District Court for the Northern District of California and administrative review by the California Coastal Commission and the State Historic Preservation Officer. High-profile repatriation cases have paralleled matters at the Smithsonian Institution and museum disputes at institutions including the Autry Museum of the American West and the Phoebe A. Hearst Museum of Anthropology.