The second half of the 2011-2012 CA legislative year looks as though it is going to be a busy year for Indian country.  Word around the Capitol building is that Legislators will introduce several measures impacting Tribes, ranging from Internet Poker to CEQA changes.  Legislators have until February 24 to introduce new bills for consideration in 2012.

Issues that will be considered in 2012 are:

Sacred Sites

• AB 742 (Lowenthal & 38 co-authors) – would prohibit a lead agency from approving a reclamation plan for an aggregate mining operation if the proposed land is located within a specified distance of the external boundaries of an Indian reservation, a Native American sacred site, or the San Margarita River, unless the tribe whose reservation is nearest the operation consents to the operation. This is the bill the Luiseno Tribes sponsored and supported to save their place of origin.  The bill is pending in the Senate Rules Committee and county hearings continue.

Changes to the Marine Life Protection Act

• AB 787 (Chesbro) – would have made changes to the Marine Life Protection Act (MLPA) to include Fish and Game Commission approved Native American fishing and gathering.  The bill was held by the Assembly Appropriations Committee and Assm. Chesbro is working with the Department of Natural Resources for an administrative solution.

Governor’s proposed Budget

• Eliminates Indian Education Centers
  This program provides funding to support local educational resource centers for American Indian students and public schools in Indian communities.
• Dept. of Justice absorbs the CA Gaming Control Commission
  This would do away with the CA Gaming Control Commission (CGCC) and give all those duties to the Department of Justice under the Attorney General, which would include licensing, compliance and regulations for all forms of gaming in CA.
• Dept of Public Health absorbs the Office of Problem Gambling
  This move the Office of Problem Gambling’s responsibilities to DPH which would include all the programs for legalized gambling addiction.

Changes to CA Environmental Quality Act (CEQA)

• There are numerous CEQA bills pending and more are expected.  The CEQA process is usually associated with the environmentalists vs. the builders; however changes often have a direct effect on Native American sacred sites too.
  In addition to current and anticipated legislation there will be State Agency activity as well as decisions at the State Board of Equalization.

State Board of Equalization (BOE) Regulation 1616

• • The BOE proposed an amendment clarifying the application of sales and use tax to property acquired for self-governance purposes by landless or nearly landless tribes.  An initial draft of the regulatory language written by BOE staff included “state recognized” tribes language in the description in an attempt at inclusiveness.  Numerous tribes commented on the controversial provision during the regulatory review process during 2011.  This is important because only the Federal Government can decide who a federally recognized tribe is.  The five Board Members unanimously adopted an amendment with only the “federally recognized” language which is effective February 2012.

Gov. Brown appoints a Tribal Advisor

• During the last campaign for Governor, both candidates promised they would appoint a Tribal Advisor as part of their inner office, who would work with tribes and the state agencies.  When Gov. Brown was elected he asked Jacob Appelsmith to work with the tribes to find the right person.  At the September 9, 2011 All Tribes meeting in Sacramento, Gov. Brown signed an Executive Order (B-10-11) establishing the position of a Tribal Advisor who would also become the Executive Secretary of the Native American Heritage Commission.
• A copy of that Executive Order is on the new NAC website (www.nativeamericancaucus.org).
• On February 7, 2012 Gov. Brown appointed Cynthia Gomez of Sacramento to be Tribal Advisor and Executive Secretary of the Native American Heritage Commission.  She will take office March 1.Ms. Gomez has been the Chief Justice for the Shingle Springs Band of Miwok Indians Tribal Court since 2010.  She served at CA EPA and CA BT&H from 1989-1999.  She received a Juris Doctorate from the University of Northern CA, Lorenzo Patino School of Law.