March 2004 - Society for California Archaeology

6
SCA Business and Activities
would prohibit public schools from
using certain specified terms as a
school or athletic team name, mascot,
or nickname. Specifically, this bill
prohibits all public schools are from
using any of the following school or
athletic team names, mascots, or
nicknames: a) Redskins; b) Indians; c)
Braves; d) Chiefs; e) Apaches; f)
Comanches; g) Papooses; h) Warriors, if
accompanied by Native American
imagery, including, but not limited to,
a mascot; i) Sentinels, if accompanied
by Native American imagery,
including, but not limited to, a mascot;
and, j) any other Native American
tribal name.
Previous legislation, AB 2115
(Goldberg) of 2002, required that all
public schools, community colleges,
the California State University (CSU),
and the University of California (UC)
[if agreed upon by UC] be prohibited
from using specified American Indian
names for school or athletic team,
names, mascots, or nicknames. The
bill failed passage on the Assembly
Floor.
According to the author, “public
schools in California are obligated to
provide equal educational opportunity
to all students, regardless of race,
ethnicity, or national origin. They are
also required to promote diversity and
respect for different cultures.
However, the use of team names that
single out an ethnic group, such as
“Redskins” or “Indians,” as well as
names referring specifically to
American Indian tribes, such as
“Apaches” or “Comanches,” is
inconsistent with those requirements.
This measure is necessary to ensure
that schools do not send a mixed
message about the acceptability of
racial stereotypes.”
Some contend that the decision to
change a school name, nickname, or
mascot should be made at the local
level. While Los Angeles Unified
School District and many schools and
colleges across the country have
voluntarily changed their
discriminatory names, nicknames or
mascots; some individuals maintain
that a school mascot is a source of
pride and symbolizes a strong tradition
not only for the school, but the
community and families as well and
thus have chosen not to change their
mascot. The author contends that the
decision to change a school mascot is
often preceded by a lengthy, costly
and divisive local debate, during
which Native American children and
parents are frequently the targets of
blame and harassment. Direction from
the state will enable schools to act in
the best interest of students without
undue pressure from alumni.
As of the last census, 330,000 Native
Americans were living in California,
more than any other state.
Status: On Jan. 21, 2004, this bill was
removed from the inactive file and to a
third reading, the stage at which bills
are eligible for floor debate and final
vote.
Coastal Zone: Archaeological and
Paleontological Resources (A.B. 974)
Author: Joe Nation (D-6 th )
Summary: Existing law requires
reasonable mitigation of impacts to
sites that contain archaeological or
paleontological resources identified
by the State Historic Preservation
Officer (SHPO). Existing law
establishes the Native American
Heritage Commission (NAHC) to
preserve and protect areas of
significance to Native Americans, such
as burial and other sacred sites. The
California Environmental Quality Act
(CEQA) requires an environmental
impact report (EIR) when state action
impacts areas of cultural significance
to the state’s history. This bill:
1. Requires that sites containing
significant Native American
cultural resources be protected
from impacts in the same manner
as sites containing archaeological
or paleontological resources.
2. Requires that the SHPO consult
with appropriate local Native
Americans and the NAHC when
identifying sites significant to
Native Americans.
3. Requires “all feasible” measures to
be taken to avoid adverse impact,
and reasonable mitigation where
that impact cannot be avoided.
4. Requires sites identified as sacred
sites by appropriate local Native
Americans and the NAHC to be
protected against significant
disruption.
5. Requires local coastal plans to
contain protection for sites of
significance to Native Americans.
6. Defines “appropriate local Native
Americans” as federally
recognized tribe, Rancheria, or
Mission Band of Indians, or a tribe
or band identified by the NAHC.
According to the author’s office, the
purpose of this bill is to include Native
Americans in land-use decisions that
affect their heritage, and to recognize
that many sites that are of the greatest
significance to Native Americans do
not include discrete artifacts that can
be subjected to scientific analysis.
Some of the most important sites are
those where cultural and religious
activities occurred, but these sites are
not clearly included within the
resources that are protected under
current law. The NAHC is currently
charged with protection of culturally
significant sites, which it defines as,
“These are areas which have been,
and often continue to be, of economic
and/or religious significance to
peoples today. They include Native
American sacred areas where religious
ceremonies are practiced or which are
central to their origins as a people.”
Status: Placed on inactive file on
motion of Senator Chesbro.
California Cultural and Historical
Endowment (A.B. 1149)
Author: Marco Firebaugh (D-50 th )
Summary: This bill would allocate
funding from the California Clean
SCA Newsletter 38(1)