HomeMy Public PortalAboutPublic Comment #5 (Native American Heritage Commission)NATIVE AMERICAN HERITAGE COMMISSION
1550 Harbor Blvd., Suite 100
West SACRAMENTO, CA 95691
(916) 373 -3710
Fax (916) 373 -5471
October 14, 2013
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Denyelle Nishimori
Town of Truckee
10183 Truckee Airport Road
Truckee, CA 96161
RE: SCH #2012052073, Joerger Ranch Specific Plan, Truckee, Nevada County
Dear Ms. Nishimori:
The Native American Heritage Commission (NAHC) has reviewed the draft EIR referenced above.
CEQA Guidelines §15064.5(e), Health and Safety Code §7050.5, and Public Resources Code §5097.98
identify the process to be followed in the event of an accidental discovery of any human remains in a
location other than a dedicated cemetery. Mitigation Measure 3.3 -3 (Pages ES- 20 -21) misidentifies the
process for addressing the inadvertent discovery of human remains and should be revised. The mitigation
measure states:
The coroner will make a recommendation to the landowner or the person responsible for the
excavation work for means of treating or disposing of with appropriate dignity, the human remains
and any associated grave goods, which may include obtaining a qualified archaeologist or team of
archaeologist to properly excavate the human remains.
In accordance with Public Resources Code §5097.98(a), after being notified by the County Coroner of a
discovery of Native American human remains, pursuant to Health and Safety Code §7050.5(c), the NAHC
designates a Most Likely Descendant (MILD). It is the MLD that recommends to landowner, or his or her
designee means, for the treatment or disposition, with appropriate dignity, of the human remains and any
associated grave goods. It is extremely unlikely that a MLD would recommend that a team of
archaeologists excavate Native American human remains prior to having a plan for reburial. Moreover, the
first consideration in most cases is that Native American remains and any associated grave items be
preserved undisturbed in place.
In that the Washoe Tribe of California and Nevada would be the MILD for discoveries of Native
American human remains within the Truckee area, it may be appropriate to discuss the Tribe's preferences
in advance of any discoveries. In addition, Government Code §65352.3 requires local governments to
consult with California Native American tribes identified by the NAHC for the purpose of protecting, and /or
mitigating impacts to cultural places in creating or amending general plans, which includes specific plans.
To consult regarding any potential impacts to cultural places, including burial sites, within the specific plan
area please contact:
Chairperson Darrel Kizer,
Washoe Tribe of Nevada and California
919 Highway 395 South
Gardnerville, NV 89410
Telephone Number: (775) 265 -4191
Email: ktrovato @washoetribe.us
The specific steps outlined by Health and Safety Code §7050.5 and Public Resources Code
§5097.98 in the event of the inadvertent discovery of human remains is as follows:
➢ Pursuant to Health and Safety Code §7050.5(b):
✓ In the event of discovery or recognition of any human remains in any location other than a
dedicated cemetery, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent remains...
✓ The County Coroner must be immediately contacted to determine the circumstances,
manner and cause of death.
✓ The Coroner has two working days to mike his or her determination.
➢ Pursuant to Health and Safety Code §7050.5(c):
✓ If the Coroner determines that the remains are Native American, within 24 hours of making
the determination, the Coroner must contact the NAHC.
➢ Pursuant to Public Resources Code §5097.98(a):
• The NAHC immediately notifies the person it believes to be the most likely descendent of the
deceased Native American (MLD).
• After being granted access to the site of the discovery, the MLD has 48 hours to make
recommendations for the landowner or his or her designee to the treatment or disposition,
with appropriate dignity, of the human remains and any associated grave goods.
➢ Pursuant to Public Resources Code §5097.98(b):
✓ The landowner shall ensure that the immediate vicinity, according to generally accepted
cultural or archaeological standards or practices, where the Native American human remains
are located, is not damaged or disturbed by further development activity until the landowner
has discussed and conferred, as prescribed in this section, with the most likely descendants
regarding their recommendations, if applicable, taking into account the possibility of multiple
human remains. The landowner shall discuss and confer with the descendants all reasonable
options regarding the descendants' preferences for treatment....
➢ Pursuant to Public Resources Code §5097.98(e):
• Whenever the commission is unable to identify a descendant, or the descendants identified
fail to make a recommendation, or the landowner or his or her authorized representative
rejects the recommendation of the descendants and the mediation provided for in subdivision
(k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the
landowner or his or her authorized representative shall reinter the human remains and items
associated with Native American human remains with appropriate dignity on the property in a
location not subject to further and future subsurface disturbance.
• To protect these sites, the landowner shall do one or more of the following:
• Record the site with the commission or the appropriate Information Center.
• Utilize an open -space or conservation zoning designation or easement.
• Record a document with the county in which the property is located. The
document shall be titled "Notice of Reinterment of Native American Remains" and
shall include a legal description of the property, the name of the owner of the
property, and the owner's acknowledged signature, in addition to any other
information required by this section. The document shall be indexed as a notice
under the name of the owner.
➢ Pursuant to Public Resources Code §5097.98(f):
✓ Upon the discovery of multiple Native American human remains during a ground disturbing
land development activity, the landowner may agree that additional conferral with the
descendants is necessary to consider culturally appropriate treatment of multiple Native
American human remains. Culturally appropriate treatment of the discovery may be
ascertained from a review of the site utilizing cultural and archaeological standards. Where
the parties are unable to agree on the appropriate treatment measures the human remains
and items associated and buried with Native American human remains shall be reinterred
with appropriate dignity, pursuant to subdivision (e).
If you have any questions, please contact me by email at rw nahc @pacbell.net.
Sincerely,
Rob Wood
Associate Government Program Analyst
CC: State Clearinghouse