The Pit River Tribe, recognized by the federal government since 1976, has called AB 52 a "thinly veiled attempt" to cut Native Americans out of the development process in a letter to the main author, Mike Gatto (D-Los Angeles).
"Marginalization and cultural extermination of California's surviving Indians seem to have replaced genocide of past centuries," wrote Dolores Raglin, tribal chairwoman for Pit River.
At issue for unrecognized tribes is the bill's Section 1 (b) which says it will "Establish a consultation process for federally recognized Native American tribes in California in the California Environmental Quality Act."
Unrecognized tribes, such as Monterey County's Ohlone/Coastanoan-Esselen Nation, interpret the bill to mean they will no longer be consulted on projects they consider part of their ancestral land, such as the Fort Ord veterans cemetery.
California currently does not distinguish between unrecognized and recognized tribes, according to an analysis by the Senate Committee on Environmental Quality.
Alejo said last week the tribes have misinterpreted his bill and it would not affect their ability to work with developers. However, Gatto told The Herald the legislation would likely not pass if the state's 78 tribal communities petitioning for recognition were added to the mix.
"We have to bite off what we can chew," he said. ". . . Politics is the art of the possible."
In Raglin's letter, she wrote the tribe was concerned a change to the definition of what a Native American tribe is would further past grievances.
"Given the shameful, historical treatment of California's Native Americans at the hands of the U.S. and State Governments," she wrote, "AB 52's proposed removal of many Indian peoples from the CEQA process puts the State of California in the role of continuing that dark legacy."
Gatto said he actually came up with the bill because of a desire to preserve California's history. AB 52 would elevate federally recognized tribes to the same status as other government entities. Instead of just being focused on finding archaeological artifacts, it would force every project under CEQA to be reviewed by the Native American Heritage Commission.
Raglin also opposes the work required of recognized tribes if the bill passes as "an undue burden and unfunded mandate."
The Pit River Tribe plans to attend the Senate Appropriations Committee in Sacramento on Aug. 4 when it is read again, according to Morning Star Gali, the tribe's historic preservation officer.
There are three local unrecognized tribes. The Esselen territory is mostly limited to Monterey County; the Amah Mutsun Tribal Band is spread across San Benito, Santa Cruz and northern and eastern Monterey counties; the Salinan Tribe is in Monterey and San Luis Obispo counties.
Pit River Tribe letter
