Descriptive Summary
Administrative Information
Agency History
Scope and Content
Accruals
Organization
Subjects
Related Material
Descriptive Summary
Title: Native American Heritage Commission Records
Dates: 1964-1991
Collection number: R188, F3908:1-61, and F3803:1-2
Creator: Native American Heritage Commission
Collection Size: 17.5 cubic feet
Repository:
California State Archives
Abstract: The records of the Native American Heritage Commission and its predecessors, the California Indian Assistance Program, document
California's efforts to address Native American concerns and issues in California. This record group contains 17.5 cubic
feet of textual and photographic records covering the period 1964-1991 and includes requests for assistance, meeting and event
files, reference materials, correspondence, legislation files, subject files, project files, and administrative files.
Physical location: California State Archives
Language:
English
Administrative Information
Access
While the majority of the records are open for research, any access restrictions are noted in the record series descriptions.
Publication Rights
For permission to reproduce or publish, please consult California State Archives staff. Permission for reproduction or publication
is given on behalf of the California State Archives, Office of the Secretary of State, Sacramento, as the owner of the physical
items. The researcher assumes all responsibility for possible infringement that may arise from reproduction or publication
of materials from the California State Archives' collections.
Preferred Citation
[Identification of item], Native American Heritage Commission Records, R188.[series number], [box and folder number], California
State Archives, Office of the Secretary of State, Sacramento, California.
Agency History
In the 1970s, it was becoming apparent with the increasing number of land development project, which were encroaching upon
archaeological sites and places of special significance to Native Americans, that an agency at the state level could be of
assistance in preservation and protection of those sites. In 1973 and 1974, the California Indian Assistance Program functioned
under the Governor's Office of Planning and Research. The program sought to find workable solutions to urban, rural, and reservation
Indians problems; maintain and improve the communication network between people and organizations interested in the advancement
of the Native American; and encourage self-sufficiency for tribal organizations and individuals. More specifically, the program
coordinated state programs with federal and local program to insure maximum benefit from available resources, worked to prepare
a state plan and development policy for federal trust land and establish a clearinghouse for Indian assistance programs.
In late 1975, a conference was held to develop legislation to create an autonomous governmental body whose authority would
encompass protection of Native American cemeteries and sacred places. The result of this conference was Assembly Bill 4239
(Chapter 1332, Statutes of 1976) authored by Assembly Member John Knox. Chapter 1332 created the Native American Heritage
Commission (NAHC). The NAHC consists of nine members appointed by the Governor with the advice and consent of the Senate.
At least five of the nine members must be elders, traditional people, or spiritual leaders of the California Native American
tribes, nominated by Native American organizations, tribes, or groups within the state. The Governor appoints the executive
secretary of the commission.
The newly formed NAHC made recommendations to the Legislature about the protection of significant Indian religious and social
site and assisted Native Americans in obtaining access to significant religious and social sites. Additionally, the NAHC made
recommendations to the Department of Parks and Recreation and the California Arts Council about programs of assistance to
Native Americans. The NAHC also assisted state agencies in negotiations with federal agencies for the protection of sacred
sites located on federal land. If necessary, the NAHC had the authority to bring legal action to prevent severe or irreparable
damage to sacred sites or ceremonial places located on public land.
It soon became apparent that California law did not sufficiently protect Native American burial areas. Thus, Senator John
Garamendi introduced Senate Bill 297 in 1981 to provide this protection (Chapter 1492, Statutes of 1982). The new statute
allowed the NAHC to identify and catalog known Native American cemeteries and authorized the commission to resolve disputes
relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native
American burials. The statute also required the commission to contact those persons believed to be the most likely descendent
from the deceased Native American upon notification by a county coroner that human remains had been discovered.
The Native American Heritage Commission's duties are to identify and catalog places of special religious or social significance
to Native Americans, and known graves and cemeteries of Native Americans on private lands. The commission can then make recommendations
relative to Native American sacred places that are located on private lands, are inaccessible to Native Americans, and have
cultural significance to Native Americans for acquisition by the state or other public agencies for the purpose of facilitating
or assuring access by Native Americans. The NAHC makes recommendations to the legislature relative to procedures, which will
voluntarily encourage private property owners to preserve and protect sacred places in a natural state and to allow appropriate
access to Native American religionists for ceremonial or spiritual activities.
Scope and Content
The records of the Native American Heritage Commission and its predecessors, the California Indian Assistance Program, document
California's efforts to address Native American concerns and issues in California. This record group contains 17.5 cubic
feet of textual and photographic records covering the period 1964-1991 and includes requests for assistance, meeting and event
files, reference materials, correspondence, legislation files, subject files, project files, and administrative files.
The record group also contains records that date prior to the establishment of the Native American Heritage Commission in
1976. Some records of the California Indian Assistance Program within the State Office of Planning and Research have been
preserved with the records of the Native American Heritage Commission presumably because they were transferred to the Commission
soon after its commencement.
The Commission's files show their attempts to intermediate between developers and archaeologists, whose objectives would result
in the destruction of cemeteries and other sites, and Native Americans, who want these sacred places preserved in their entirety
in their original locations. The Commission also sought to find exemptions to state and federal laws to enable Native Americans
to preserve not just the remains of their ancestors, but to preserve their culture by continuing to perform traditions and
ceremonies and pass them on to future generations. The records of the Native American Heritage Commission provide a glimpse
into the thoughts and concerns of Native Americans in California during the 1970s and 1980s. This is a significant time when
for the first time the concerns of this cultural group were allowed to be expressed and demanded to be heard by the government.
The narrow focus of the Native American Heritage Commission resulted in several record series that contain overlapping subject
matter and themes: protection of Native American sites and remains. The Subject Files, Administrative Files, Requests for
Assistance and Project Files all contain similar document types: correspondence, reports, news clippings, environmental assessment
documents, and maps. Their final arrangement was based on the original organization set by the Native American Heritage Commission
and was preserved during processing by the State Archives. Consequently, the files within each series the files are arranged
differently: chronologically, alphabetically by subject, and alphabetically by county.
Accruals
Further accruals are expected.
Organization
This record group is organized into nine series: Correspondence of the California Indian Assistance Program, Requests for
Assistance, Reference Materials, Correspondence, Legislation Files, Subject Files, Project Files, Administrative Files, and
Meeting and Event Files.
Subjects
California. Native American Heritage Commission
Indians of North America
Indians of North America Antiquities Law and legislation
Related Material
Records of the State Advisory Commission on Indian Affairs and the California Indian Assistance Project