California’s Native American Heritage Commission (NAHC) has urged the Chemehuevi Indian Tribe to file a formal complaint with California Attorney General Edmund G. "Jerry" Brown, Jr. demanding an immediate investigation into the CEQA-related practices of the City of Barstow.
The environmental review process underway for a dual casino project to be built in Barstow by Detroit-based developer Barwest LLC has triggered awareness that local tribes routinely identified by California’s Native American Heritage Commission as having ancestral ties to the Barstow area may have been purposefully excluded from the environmental review process on that project and others since at least March 1, 2005.
In a letter dated August 13, 2007 to the Chemehuevi Indian Tribe; Dave Singleton, NAHC analyst expresses, “…the Commission is concerned that state law may have been violated if the Chemehuevi Indian Tribe was not given full and reasonable opportunity to comment on and express concerns on either a project planned under the California Environmental Quality Act (CEQA) or Government Code 65352.3,5 (SB 18). If consultation was not provided under either of these two acts of the California Legislature by the City of Barstow or its agent; then the tribe in our opinion has a right to file a complaint with the California Attorney General and the State Historic Preservation Officer (SHPO).”
He concludes the letter by stating, “I am of the opinion that Waiting ten (10) months from the time the City of Barstow and/or its agent receive a Native American consultation list form (sic) the Native American Heritage Commission to offer the opportunity for the Chemehuevi Indian Tribe to consult on this important project may indeed be a violation of the spirit and/or the letter of the CEQA Guidelines and Government Code §65252.3 (sic).”
In a letter dated August 13, 2007 to the Chemehuevi Indian Tribe; Dave Singleton, NAHC analyst expresses, “…the Commission is concerned that state law may have been violated if the Chemehuevi Indian Tribe was not given full and reasonable opportunity to comment on and express concerns on either a project planned under the California Environmental Quality Act (CEQA) or Government Code 65352.3,5 (SB 18). If consultation was not provided under either of these two acts of the California Legislature by the City of Barstow or its agent; then the tribe in our opinion has a right to file a complaint with the California Attorney General and the State Historic Preservation Officer (SHPO).”
He concludes the letter by stating, “I am of the opinion that Waiting ten (10) months from the time the City of Barstow and/or its agent receive a Native American consultation list form (sic) the Native American Heritage Commission to offer the opportunity for the Chemehuevi Indian Tribe to consult on this important project may indeed be a violation of the spirit and/or the letter of the CEQA Guidelines and Government Code §65252.3 (sic).”
California Native American Heritage Commission (NAHC)The NAHC is the state commission responsible for advocating preservation and protection of Native American human remains and cultural resources. NAHC maintains confidential records concerning places of special religious or social significance to Native Americans, including graves and cemeteries and other cultural places. The NAHC reviews CEQA documents to provide recommendations to lead agencies about consulting with tribes to mitigate potential project impacts to these sites.
The NAHC is responsible for maintaining a list of California tribes and contacts for each respective tribe; and is responsible for identifying which tribes have ancestral lands or cultural places within a particular local government’s jurisdiction.
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