County Flailing and Failing On SB 18

SB 18 seems to be the flavor of the month for our local yokel vocals in their never ending battle to save us all from those evil Indians (or is it something else?)

What is SB 18?

On September 29, 2004, Governor Schwarzenegger signed Senate Bill 18 - Tribal Consultation Guidelines, into law.

SB 18 requires that all cities and counties notify and consult with California Native American Tribes about proposed local land use planning decisions for the purpose of protecting traditional tribal cultural places and sacred sites. This legislation took effect on March 1, 2005.

It is a state law

Now this is what the “anti-everything that has to do with the Chumash” groups have to say about SB 18. They say “a “foreign” government is demanding to be allowed to make conditions and deny projects in Santa Barbara County, right here in the valley, which are potentially threatening your private property rights guaranteed to you by the Constitution of the United States.”

First of all, you’d think by now these people would understand the relationship between the Federal government and Tribes. Tribes are not foreign nations but are domestic, dependent nations.

Justice Marshall used the word “domestic” because they are not foreign; rather, they are nations within a nation.

I’ve mentioned before the same small circle of misinformation perpetually generated by these people and this is just another example.

Mrs. Bowen has said that the Chumash have “elevated” the use of Senate Bill 18 with our local government and that “Chairman Armenta uses this law to stall or halt projects in the county and to intimidate and harass landowners”

How do you elevate a law? You either follow the law or you break it. That’s it. There are no levels, and if the truth be known (that’s why I’m doing this I guess) SB 18 doesn’t allow the Chumash to “halt” any projects in the county.

Here is the reality of SB 18.

The only thing that this bill requires is that a consultation must take place early in the development process. That’s it. It does not make any concerns made by tribes binding other than the enforcement of existing laws. It assumes that this consultation alone will determine in the proper level of discretion and mitigation but does not necessarily require that tribal recommendations be followed. The Chumash legally cannot “make conditions” nor “halt” any project as stated by these groups. All they can do is consult with the county on projects that may occur on ancestral land.

Just more alarmist propaganda.

The bill also does not set any new penalties for the unlawful destruction of artifacts and other kinds of materials unearthed at development sites; and only insists that local governments enforce existing laws.

The law is kind of weak in that it doesn’t really state what the end result of these consultations would be. It seems that the lawmakers assumed that a consultation alone would determine an outcome that would please all parties involved.

Although there are no concrete efforts under way to beef up SB 18, several tribal representatives and their supporters say they hope the law eventually can be expanded.

The other problem is that although it is a state law, not many counties are following it.

SB County, raise your hand.

A partial survey of local governments around the state conducted by the Governor's Office of Planning and Research in 2006 found many not heeding the law and its recommendations.

The vast majority of the cities and counties that responded to the survey had not followed the state's recommendations that they establish their own protocol for complying with SB 18. Most also had failed to hold get-acquainted meetings with local tribes, as recommended by the state, to prepare for future consultations.

SB County, please keep your hand up, Thank you.

A good example of not following this law occurred just months ago when the Agua Caliente tribe had to request a consultation with one city in the tribe's ancestral territory. The city was preparing for developments that should have triggered an SB 18 consultation but officials didn't follow even the first step of the law and contact the tribe, said Richard Begay, director of tribal historic preservation for the Agua Caliente Band of Cahuilla Indians

But back to our local scene. This new “flavor” from the Armenta opponents (that’s basically who they are) arose from the request by the Chumash (what it should be) at the planning commission meeting on Jan. 23 to consult with the county on the Stage Stop Plaza project in Los Olivos before the draft plan was finalized.

They had actually sent a letter to the commission prior to the Jan 23 meeting requesting a consultation.

They didn’t say they opposed the project. They only wanted what was allowed them under the law.

The onus was on the county. Had the county been up to speed, the Tribe would not have had to make this request. The Tribe should have been asked for a consultation well before this meeting. Years ago, in fact, as the project has been “in the works” for years.

The Planning Commission approved the project 3-2 and deferred SB 18 consultations with the Chumash until later with the Board of Supervisors.

CJ Jackson, a long time opponent of the tribe cast the deciding vote.

Isn’t wonderful to have people with personal agendas in public positions?

The issue of rezoning this land for this project is a whole ‘nother can of worms because the county adopted an ordinance in 2005 that requires all projects applying for rezones to be deferred until after the new community plan is implemented with the exception of those that present “significant community benefits.” Who decides what that is?

There is some debate on whether the Stage Stop Plaza meets these requirements, but this blog isn’t for that.

The fact is that SB County did not follow the law concerning SB 18, but of course these local vocals twist it all up to make out the Chumash - yes attacking the Chairman is attacking the entire tribe - as this big evil entity in the valley abusing us all.

The County really needs to get their act together and I mentioned this to them in a letter I sent almost a year ago. They need to have a full time position as liaison to the Chumash. They need to have someone who understands the laws and dynamics of tribal sovereignty and how they relate to our county. Only then can mutual respect, trust and open communication happen between the county and the tribe.

Perhaps if they had this person on staff they wouldn’t have allowed a letter from the Chumash to the Planning Commission that contained confidential archeological information to be sent to POLO

According the SB 18, it is illegal to distribute confidential information about cultural sites. It is a crime.

This is for obvious reasons…. to help protect these sites from people who would plunder them.

POLO took this information and sent out an email to everyone on their distribution list which includes me.

Wonderful.

Not only is the county not following the SB 18 protocols in regards to notifying the Chumash concerning development projects on potential cultural places and sacred sites, but they are actually committing criminal offenses in how they are conducting their affairs.

I can just imagine the county lawyers scrambling around this one. It’s no wonder, really, that our county staffs the most lawyers than almost any other county in the state.

I’ll bet you the Chumash have their lawyers on it.

Sources:
http://www.syvjournal.com/archive/6/12/1513
http://www.pe.com/reports/2007/sacred/stories/PE_News_Local_D_sacred09.1214e51.html