March 2004 - Society for California Archaeology

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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)
7 Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Proposition 40, enacted March 2002) to the California State Library (CSL) for purposes of funding the California Cultural and Historical Endowment Act. Status: In committee: Set, first hearing. Held under submission. Traditional Tribal Cultural Sites (S.B. 18) Author: John Burton (D-03) Summary: Creates a procedure in the California Environmental Quality Act (CEQA) for the Native American Heritage Commission (NAHC), in consultation with Native American tribes and other interested parties, to determine whether a proposed project may adversely change a traditional tribal cultural site and to recommend project changes and mitigation measures to avoid or reduce those changes. Revises the duties and composition of NAHC, creates procedures for NAHC and Native American tribes to participate in local land use planning, and allows Native American tribes to take title to conservation easements. Status: Reconsideration granted on January 8, 2004. Placed on inactive file on request of Assembly Member Chan. Native American Sacred Sites (SB 447) Summary: SB 987 would appropriate an unspecified amount of Proposition 40 bond funds to the Department of Parks and Recreation (DPR) for allocation as a grant to the California Missions Foundation (CMF, a nonprofit organization). Status: Set, first hearing. Held in committee and under submission. References Cited or Consulted Lindsay, David 2003 SAA Government Affairs Program: Monthly Washington, D.C. Update December 2003. Society for American Archaeology, Government Affairs Program. San Francisco Chronicle [San Francisco, California] 2004 Congress returns to unsettled business: Both chambers remain deeply divided on key bills. 19 January. 204 Highway bill bogged down – state’s projects in jeopardy. 12 February. Contacting Your Representatives SCA Business and Activities Site Stewardship Committee Beth and Chris Padon We are very pleased to announce that the California Archaeological Site Stewardship Program (CASSP) received funding for 2004 through a Bureau of Land Management (BLM) grant from the Division of Off- Highway Motor Vehicle Recreation (OHMVR), Department of Parks and Recreation. The CASSP funding is administered by the SCA, under agreement with the California State Office of the BLM. We sincerely appreciate the support and interest that these sponsors express for CASSP. We thank Steve Horne and Jim Keeler of the BLM for preparing and presenting a successful grant application. We also thank the volunteers and agency participants who wrote letters of support for the 2004 grant; these letters contributed greatly to this grant application effort. At the SCA Annual Meeting in Riverside, CASSP volunteers will be California State Assembly www.assembly.ca.gov California State Senate www.senate.ca.gov U.S. House of Representatives www.house.gov U.S. Senate www.senate.gov Governor Arnold Schwarzenegger www.governor.ca.gov/state/govsite/gov_homepage President George W. Bush www.whitehouse.gov Author: Dennis Hollingsworth (R-36) Summary: Under existing law, the Native American Heritage Commission has various powers and duties with regard to Native American sites and sacred places. This bill would state the intent of the Legislature to establish a grant program for the preservation of Native American sacred sites. Status: To Senate Committee on Rules. California Missions (SB 987) Author: Bruce McPherson (R-15) Websites http://www.leginfo.ca.gov http://thomas.loc.gov http://acra-crm.org Contact Your SCA Legislative Liaison sbryne@garciaandassociates.com SCA Newsletter 38(1)
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March 2004 - Society for California Archaeology

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