Public Resources Code
§ 5020.5: State Historical Resources Commission
Directs the State Historical Resources Commission to develop criteria
and methods for determining the significance of archeological sites, for
selecting the most significant sites, and for determining whether the
most significant sites should be preserved intact or excavated and interpreted.
Directs the commission to develop guidelines for the reasonable and feasible
collection, storage, and display of archeological specimens.
§ 5020.7: Public promotion of historical resource protection
Directs public agencies to encourage owners of both identified and
unidentified historical resources to perceive historical resources as
assets and to elicit the support of owners and of the general public for
the preservation of historic resources.
§ 5024: State-owned historical resources
Directs all state agencies to preserve and maintain all state-owned
historical resources with the assistance of the State Historic Preservation
Officer.
§ 5024.1: California Register of Historical Resources
Establishes the California Register of Historical Resources, duties
of the committee overseeing the administration of the register, and criteria
for inclusion of resources on the Register.
§ 5079.10-5079.15: California Heritage Fund
Establishes the California Heritage Fund in the State Treasury for
implementation of laws providing for historical resource preservation.
§ 5079.20-5079.28: State acquisition of property to preserve historical
resources
Defines methods by which the State Public Works Board may acquire
property, on behalf of the (Treasury), for the purpose of meeting the
policies and objectives of the California Register to protect and/or provide
public access to cultural or historical resources.
§ 5079.40-5079.44: Grants for historical resource preservation
Directs the (Treasury) to provide competitive grants to public agencies
and non-profit organizations for historical resource preservation projects,
not to exceed $1,000,000 or 50% of project costs.
§ 5097.1-5097.6: Parks and Recreation Code and Sites
Requires state agencies proposing any major public works project on
state lands to have plans reviewed by the Department of Parks and Recreation.
Authorizes the Department of Parks and Recreation to conduct archeological
site surveys for historical features on land affected by projects. Authorizes
the state agencies to undertake surveys, excavation, or other operations
on the state lands, or request such activities be done on their behalf
by the Department of Parks and Recreation. Prohibits any archeological
program from delaying state construction projects. Prohibits the removal,
destruction, or defacement of any archeological or historical feature
situated on public lands, except with the express permission of the public
agency having jurisdiction over the lands.
§ 5097.9: Non-interference with Native American religious expression
Establishes that public agencies, or private entities using, occupying
or operating on public property under public permit, shall not interfere
with free expression or exercise of Native American religion and shall
not cause severe or irreparable damage to Native American sacred sites,
except under special determined circumstances of public interest and necessity.
§ 5097.91-5097.94: Native American Heritage Commission (NAHC)
Creates the nine-member Native American Heritage Commission appointed
by the governor and directs that at least five members shall be elders,
traditional people, or spiritual leaders of California Native American
tribes. Directs the commission to identify and catalog places of special
religious or social significance to Native Americans, and known graves
and cemeteries of Native Americans on private lands, and to perform other
duties regarding the preservation and accessibility of sacred sites and
burials and the disposition of Native American human remains and burial
items.
§ 5097.95: State and local agency cooperation with the NAHC
Directs all state and local agencies to cooperate with the Native
American Heritage Commission in transmitting to the commission copies
of appropriate sections of all CEQA environmental impact reports related
to property identified by the commission as of special religious significance
to Native Americans, or which is reasonably foreseeable as such property.
§ 5097.96: The NAHC inventory of Native American sacred places
Authorizes the Native American Heritage Commission to prepare an inventory
of sacred places located on public lands and to review the administrative
and statutory protections accorded to such places. Directs the commission
to submit a report to the Legislature recommending actions, as the commission
deems necessary, to preserve such sacred places and to protect the free
exercise of Native American religions.
§ 5097.97: NAHC investigations
Enables the Native American Heritage Commission to investigate the
effect of proposed actions by a public agency if such action may cause
severe or irreparable damage to a Native American sacred site located
on public property or may bar appropriate access thereto by Native Americans.
Authorizes the commission to recommend mitigation measures for consideration
by the agency if the commission finds, after a public hearing, that the
proposed action would result in such damage or interference. Allows the
commission to ask the attorney general to take appropriate action if the
agency fails to accept the mitigation measures.
§ 5097.98: NAHC identifying most likely descendant
Requires the Native American Heritage Commission, upon notification
by a county coroner, to notify the most likely descendants regarding the
discovery of Native American human remains. Enables the descendants, within
48 hours of notification by the commission, to inspect the site of the
discovery of Native American human remains and to recommend to the landowner
or the person responsible for the excavation work means for treating or
disposition, with appropriate dignity, the human remains and any associated
grave goods. Requires the owner of the land upon which Native American
human remains were discovered, in the event that no descendant is identified,
or the descendant fails to make a recommendation for disposition, or the
land owner rejects the recommendation of the descendant, to reinter the
remains and burial items with appropriate dignity on the property in a
location not subject to further disturbance.
§ 5097.99: Prohibition of possession of Native American artifacts and remains
Prohibits acquisition or possession of Native American artifacts or human remains taken from a Native American grave or cairn after January 1, 1984, except in accordance with an agreement reached with the Native American Heritage Commission.
§ 5097.991: Repatriation of Native American remains
States that the policy of the state is that Native American remains
and associated grave artifacts shall be repatriated.
§ 5097.993-5097.994: Native American Historic Resource Protection
Act
Establishes as a misdemeanor, punishable by up to a $10,000 fine or
both fine and imprisonment, the unlawful and malicious excavation, removal
or destruction of Native American archeological or historic sites on public
lands or on private lands. Exempts certain legal acts by landowners. Limits
a civil penalty to $50,000 per violation.
§ 21083.2: California Environmental Quality Act- Archeological Resources
Directs the lead agency on any project undertaken, assisted, or permitted
by the state to include in its environmental impact report for the project
a determination of the project's effect on unique archeological resources.
Defines unique archeological resource. Enables a lead agency to require
an applicant to make reasonable effort to preserve or mitigate impacts
to any affected unique archeological resource. Sets requirements for the
applicant to provide payment to cover costs of mitigation. Restricts excavation
as a mitigation measure.
§ 21084.1: California Environmental Quality Act- Historic Resources
Establishes that adverse effects on an historical resource qualifies as
a significant effect on the environment. Defines historical resource.
6254 (r): California Public Records Act Exemption from Disclosure
Exempts from disclosure public records of Native American graves, cemeteries,
and sacred places maintained by the Native American Heritage Commission.
§ 65092: Public notice to California Native American Indian
Tribes
Includes California Native American tribe that is on the contact list
maintained by the Native American Heritage Commission in the definition
of “person” to whom notice of public hearings shall be sent
by local governments.
§ 65351: Native American Involvement in General Plan Proposals
Requires local planning agencies to provide opportunities for involvement
of California Native American tribes on the contact list maintained by
the Native American Heritage Commission, and others, in the preparation
or amendment of the general plan
§ 65352: Referral of Action on General Plan Changes to Native
Americans
Requires local planning agencies to refer proposed actions of general
plan adoption or amendment to California Native American tribes on the
contact list maintained by the Native American Heritage Commission, and
others, with a 45 day opportunity for comments.
§ 65352.3- 65352.4: Consultation with Native Americans on General
Plan Proposals
Requires local governments to conduct meaningful consultation with California
Native American tribes on the contact list maintained by the Native American
Heritage Commission prior to the adoption or amendment of a city or county
general plan for the purpose of protecting cultural places on lands affected
by the proposal.
§ 65560, 65562.5: Consultation with Native Americans on Open
Space
Includes protection of Native American cultural places as an acceptable
designation of open space. Requires local governments to conduct meaningful
consultation with California Native American tribes on the contact list
maintained by the Native American Heritage Commission for the purpose
of protecting cultural places located within open space.
§ 12600-12612: Attorney General- Environmental Action
Permits the attorney general to intervene in any judicial or administrative
proceeding concerning pollution or adverse effects on the environment.
Authorizes the attorney general to maintain an action for equitable relief
in the name of the people of the state against any person for the protection
of the natural resources of the state from pollution, impairment or destruction.
Includes historic sites in the definition of natural resources. Authorizes
the court to hold the defendant accountable for the protection of natural
resources of the state from pollution, impairment or destruction.
§ 25373, 37361: City/County Protection of Historic Resources
Allows city and county legislative bodies to acquire property for the
preservation or development of an historic landmark. Allows local legislative
bodies to enact ordinances to provide special conditions or regulations
for the protection or enhancement of places or objects of special historical
or aesthetic interest or value.
§ 50280-50290: Mills Act (Historical Property Contracts)
Allows the negotiation of contracts between a private owner of a “qualified
historical property” and