Development in California continues to impact Native American cultural sites. Both federal and state laws offer protection for what are identified as historical resources, but these laws have not directly addressed the identification and mitigation of impacts to Native American traditional places or their cultural value. Historically, it has been left to the discretion of developers and public agencies as to whether or not Native Americans are involved in developing mitigation measures to preserve sites impacted by development projects. With the passage of Senate Bill 18, which requires Native American consultation in creating general plans and general plan amendments, the landscape has changed.
Through a variety of speakers from the tribal, legal, development and archaeological communities, explore environmental law in light of the cultural dynamic between developers, public agencies and Native Americans today. Examine the possibilities for balancing development and Native American cultural site preservation through consultation with affected Native American tribes. Topics include:
- State and federal laws and their adequacy in protecting Native American human remains and cultural sites
- California Environmental Quality Act as it relates to planning and development
- Forest Practice rules
- Section 106 of the National Historic Preservation Act
- American Indian Religious Freedom Act
- Native American Graves Protection and Repatriation Act
- Native American cultural resource impact assessment
- Case histories