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AB-2323 Native American tribes: ethnohistory: report.(2023-2024)

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Date Published: 05/17/2024 03:41 PM
AB2323:v98#DOCUMENT

Amended  IN  Assembly  May 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2323

Introduced by Assembly Member Pacheco

February 12, 2024

An act to add Section 5097.941 to the Public Resources Code, relating to Native American tribes, and making an appropriation therefor. tribes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2323, as amended, Pacheco. Native American tribes: ethnohistory: report.
Existing law establishes the Native American Heritage Commission, consisting of 9 members appointed by the Governor subject to Senate confirmation. Existing law, among other things, authorizes the commission to bring an action to prevent severe and irreparable damage to, or assure appropriate access for Native Americans to, a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property.
This bill, no later than January 1, 2027, would require the commission to cause to be prepared a report on the ethnography and ethnohistory of Native American tribes in the Sacramento region, as provided. The bill would require the commission to collaborate with certain Native American tribes in the selection of an entity to prepare the report and in the preparation of the report, as specified, and would require the commission to submit copies of the report to specified entities. The bill would appropriate the sum of $185,000 from the General Fund for this purpose.
Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a) Cultures where shared history is commonly transmitted via oral tradition can be at risk of the loss of heritage as senior representatives pass away or decline in numbers.
(b) In 1984, a report entitled “American Indians in the Sacramento Area” was completed for the Sacramento Ethnic Communities Survey, Sacramento Museum and History Division, which encompassed a study of native groups originating from the Sacramento area, as well as the 20th century influx of other Native American ancestry from other regions up until the time the report was completed.
(c) It is the intent of the Legislature to update and expand the ethnography and ethnohistory of native groups within the Sacramento area and California to carry forward and build upon the 1984 work described in subdivision (b).

SEC. 2.

 Section 5097.941 is added to the Public Resources Code, immediately following Section 5097.94, to read:

5097.941.
 (a) No later than January 1, 2027, the commission shall cause to be prepared an updated report on the ethnography and ethnohistory of Native American tribes in the Sacramento region. The report shall survey events that have been critical to Native American identity and cultural awareness in the Sacramento region, including the following:
(1) Tribal perspectives and iterations of their own history, including significant persons.
(2) Events that have resulted in federal and state recognitions of tribal entities since 1984.
(3) The agency of tribal groups and people in survivance and maintaining their cultural traditions.
(4) The enactment of laws and policies that emphasize Native American stewardship and values and government-to-government consultation since 1984.
(5) Tribal and Native American affiliations.
(6) Identification of sites, places, and landscapes of tribal significance.
(b) The commission shall collaborate with Native American tribes that are traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1, of the Sacramento region in the selection of an entity to prepare the report described in subdivision (a) and in the process to review drafts and approve the publication of the report.
(c) Notwithstanding any other law, the selection of the entity to prepare, and preparation of, the report described in subdivision (a) shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Government Code.
(d) (1) Upon completion of the report described in subdivision (a), the commission shall submit copies of the report to each of the following:
(A) The Legislature.
(B) The State Office of Historic Preservation.
(C) The Department of General Services.
(D) The California State Library.
(E) The tribes that consulted on the preparation of the report in accordance with subdivision (b).
(2) The commission shall maintain a copy of the report described in subdivision (a) in its records.
(3) (A) The requirement for submitting a report to the Legislature pursuant to paragraph (1) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(B) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

The sum of one hundred eighty-five thousand dollars ($185,000) is hereby appropriated from the General Fund to the Native American Heritage Commission to carry out its duties under Section 5097.941 of the Public Resources Code.