By Ed Fletcher -- Bee Capitol Bureau - (Published July 15, 2003)
Bolstering a legislative effort to give American Indian sacred sites greater legal protection from the impact of development, Gov. Gray Davis announced Monday his support for legislation similar to a bill he vetoed last year.
This year's measure -- the result of months of meetings with American Indians and public officials -- seeks to fold consideration of sacred sites into the same process in which environmental, historical and archaeological concerns are resolved before building begins.
"It is of extreme importance that we protect Native American culture and history for future generations," Davis said. "The sites represent the long-standing traditions that have helped shape California."
At the same time, Davis said it is important that protection of sacred sites not create a new administrative hurdle outside of the current legal process.
Davis said he vetoed last year's measure not because he didn't believe in the goal, but because it created a new approval process to achieve it.
Officials said the current bill, SB 18, would aid developers by allowing them to see early on whether there are sacred sites near proposed projects.
The bill would create a list of sites of religious or cultural importance to American Indians. Under the proposed law, checking with the Native American Heritage Commission to see if a proposed building site is within five miles of one of approximately 1,500 sacred sites, would be added to the state's development review process set out in the California Environmental Quality Act.
The new approach has not satisfied the concerns of business and building interests, who worry a sacred-site complaint could be raised after an investment has been made in a project. Fearing desecration, some tribes are reluctant to reveal the location of some sites, even though the commission's list would be kept secret.
Speaking at a 2 1/2-hour hearing in the Assembly on Monday, business lobbyists called the proposed addition to the review process "unduly burdensome," adding that the language defining sacred sites was "overly broad" and contending that the measure would slow the real estate segment of the economy.
The five-mile sphere that would trigger heritage commission involvement is too large, said Richard Costigan, vice president of government relations for the California Chamber of Commerce. The chamber and others also said the bill gives the commission too strong a hand.
"It would give the Native American Heritage Commission a veto authority," Costigan said.
Despite similar concerns being raised last year, lawmakers sent the bill to Davis' desk. Proponents expressed optimism that this year's version also would make it to the governor.
The bill has the strong support of more than a dozen American Indian tribes.
Chris Peters, executive director of the Seventh Generation Foundation, said native sacred sites should be given the same consideration as Christian or Jewish religious sites.
He said the bill is needed to create a "level playing field."
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About the Writer
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The Bee's Ed Fletcher can be reached at (916) 326-5548 or efletcher@sacbee.com.