TRIBAL ALERT!
SB 1828 – SACRED SITES BILL
Senators Burton and Chesbro
September 6, 2002

DO NOT LET GOVERNOR VETO

Last week the California Legislature passed SB 1828, a bill authored by Senator John Burton, to protect Indian sacred sites in California. It is currently on the Governor’s desk, waiting for his signature or veto. If signed into law by Governor Davis, this bill will give tribes the ability to participate on a government-to-government basis with local cities, counties, and other Lead Agencies regarding proposed development projects that may threaten Indian religious sites.

Currently, tribes can only participate in the CEQA process as members of the public, not as governments. Under SB 1828, Lead Agencies will be required to enter into government-to-government consultations with affected tribes to determine if proposed projects may have significant impacts on "sacred sites" as defined in SB 1828. If a sacred site will be impacted by a project, the tribe, the Lead Agency, and the project applicant will cooperatively create mitigation measures to ensure that the site is treated with proper dignity according to the tribe’s culture and religion – this can include entire avoidance of the site.

The Governor urgently needs to hear from tribal leaders why this bill is so important.  Tribes need to take this action because many opposition groups are lobbying the Governor to veto this bill. Click here for Support and Opposition of SB 1828 (HTML - opens new window).

Send letters to the Governor asking him to sign this urgently needed bill. Click here for Sample Letter (HTML - opens new window)

The Honorable Gray Davis
Office of the Governor
State Capitol
Sacramento, CA 95814

WHY THE SACRED SITES BILL IS IMPORTANT TO TRIBES:

• PREVENTS any public agency from approving a CEQA project or issuing permits for a project that will threaten an Indian sacred site without notice and meaningful government-to-government consultation with the affected tribe.
  

• SETS FORTH a new "override" provision for CEQA projects that will impact sacred sites. This new provision is narrowly tailored to stress the importance of preserving Indian religious and sacred sites. Currently, a Lead Agency can approve any project or permit – even if it significantly impacts a sacred site. Approval can be granted for economic reasons, general health and welfare, or a broad list of other reasons. Such an override renders tribes virtually powerless to save their sacred sites. If this bill becomes law, Lead Agencies will no longer be able to "override" and approve projects and permits that impact sacred sites solely for economic reasons (90% of projects approved use this as a basis). The new override provision contained in SB 1828 gives Indian religion the heightened protection it deserves.
  

• REQUIRES the Lead Agency to notify the affected tribe(s) of any project that may impact a sacred site, if the proposed project is within 20 miles of the exterior boundaries of its reservation or rancheria. Regardless of whether a tribe is noticed of a project, it may still use the other provisions of this bill, even if the sacred site is outside of the 20 mile boundary.
  

MISINFORMATION THE OPPOSITION IS SPREADING:

False: Tribes already have laws to protect their sacred sites.

TRUE: There are currently no state laws that require consultation with Indian tribes when their sacred sites and land are impacted by development and public agency action.

False: The bill gives tribes ultimate veto power to stop all development in the state. It gives tribes the authority to make land use decisions regarding non-tribal property.

TRUE: This is not an anti-development bill. It properly situates tribes as governments that MUST be consulted with during the environmental review process when their sacred sites are threatened. The Lead Agency still retains final discretionary authority to approve projects.

False: The bill will allow tribes to designate massive land areas as sacred sites.

TRUE: The bill clearly defines what a sacred site is and requires that tribes put forth evidence – through oral histories, ethnology, archeological studies, museum studies, cultural resources reports, etc. – to demonstrate that a particular site meets the definition. Tribes will not be permitted to designate large geographical areas, such as their traditional territory, as sacred land, but will be able to protect sites that are sacred by virtue of their religious, cultural, or ceremonial significance and use (past and present).

False: The bill gives special and preferential treatment to Indian tribes and Indian religions.

TRUE: Indian tribes are enaltd the freedom to practice their religions under the Constitution. This law makes tribal religious rights equal to protections afforded other religions and does not give a preference to tribal religions. Moreover, Indian tribes are political entities, which are afforded legal protections to ensure their existence as tribal governments. This bill is upholding those inherent rights to tribal self-governance. These are not preferences, but merely the rights to which tribes are already enaltd.

Please send letters to Governor Davis and call your local legislators to stress how important preservation of sacred sites is to your tribal culture.

To find out who your local legislators are, you can visit the State of California’s website at http://www.ca.gov (opens new window). Click on Government and then click on California Legislature.

For More Information

For more information, please call Laura Miranda, CILS Senior Staff Attorney, at (760) 746-8941 ext. 110.

Documents

Alert (PDF - opens new window)

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