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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER II.
INDIAN BURIAL GROUNDS

Sec. B6-16. Findings.

For countless years prior to arrival of the first European settlers, the Santa Clara Valley had a rich history of native American Indian life. Our valley floor and surrounding hillsides contain the burial sites for many generations of these early residents. It was of the greatest spiritual significance to them that one's remains be returned to and remain in the earth. A central theme of the Indian religious and cultural heritage, it is of no less concern to the many citizens of Indian descent who reside today in Santa Clara County.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-17. Intent.

It is the intent of this chapter to protect the integrity of Indian burial sites or, when removal is necessary, to provide for reburial of the remains in accordance with state law.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-18. Discovery of burial site.

Upon discovering or unearthing any burial site as evidenced by human skeletal remains the person making such discovery shall immediately notify the County Coroner.

Upon a determination by the County Coroner that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission, pursuant to Health and Safety Code § 7050.5(c), and the County Coordinator of Indian Affairs. No further disturbance of the site may be made except as authorized by the County Coordinator of Indian Affairs in accordance with the provisions of state law and this chapter.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-19. Inspection of site.

The County Coordinator of Indian Affairs shall contact the State of California Native American Heritage Commission, and assist in contacting persons believed to be most likely descendants. Within 24 hours following receipt of information that a Native American burial site has been discovered or unearthed, the County Coordinator of Indian Affairs shall conduct inspection of the site in accordance with the provisions set forth in Public Resources Code § 5097.98. Any agreement reached in accordance with Public Resources Code § 5097.98 shall be presented to the County Engineer. The County Engineer shall issue a permit setting forth the conditions of the agreement to be met by the owner of the property.

Such conditions of the permit shall be in furtherance of the intent of this chapter and shall be formulated by a Costanoan Advisory Committee appointed by the County Board of Supervisors and consisting of three persons of Costanoan descent, two professional archaeologists with field work experience and with a degree in archaeology or anthropology from an accredited college or university, and one person with a background in civil engineering. In appointing the Costanoan Advisory Committee, the Board shall select the Costanoan descendant representatives from among individuals nominated by organizations comprised of persons descended from Costanoan Native Americans. In [Any] policies formulated by the Costanoan Advisory Committee must be based upon a consensus of opinion of the "most likely descendants" in accordance with Public Resources Code § 5097.98, and may include but are not limited to methods to be used for reburial or removal of the remains, approval of construction over the site and authorization for archeological examination of the site, including the recording of data in the field in the event of removal, the types of laboratory analysis which may be performed. Unless expressly authorized by the Board of Supervisors, no project may be delayed longer than ten calendar days following the date of initial inspection by the County Coordinator of Indian Affairs. No fee may be charged for issuance of a permit under this section.

The County Coordinator of Indian Affairs shall maintain a record of the location of burial sites for which a permit has been issued, and a copy of the record shall be furnished to the State of California Native American Heritage Commission. Such sites may not be reopened or otherwise disturbed except as expressly provided for under state law or as authorized by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-20. Removal and reburial of remains.

If the County Coordinator of Indian Affairs and the Costanoan Advisory Committee determine that leaving the remains in place is not feasible in light of existing and planned uses of the property or if the owner of the site desires that the remains be removed, excavation of remains from the site, together with the associated grave goods or artifacts, shall be made by or under the supervision of the archaeologist who is a member of the Advisory Committee. The County Engineer shall cause such remains and artifacts to be removed from the property and within ten calendar days from the date of removal and, unless an agreement has been reached between archaeologists and the "most likely descendants" for study of the remains, to be reburied on the property in a different location not subject to further disturbance or on County park lands or such County lands as are designated by the Board of Supervisors. Reburial shall be in a manner approved by the Advisory Committee. Records showing the location on County lands of such reburials shall be maintained by the Coordinator of Indian Affairs. No further disturbance of reburial sites may be made except as expressly provided for under state law or as authorized by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-21. Reporting requirements specified on other County permits.

The reporting requirements of this chapter shall appear on all public project plans and on all building, grading, encroachment and access permits issued by the County of Santa Clara.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-22. Appeal.

Any decision of the County Engineer relative to issuance, denial or conditioning of a permit hereunder may be appealed in writing to the Board of Supervisors by any person at any time prior to reburial of the remains. As soon as possible following receipt of such an appeal, the Clerk of the Board of Supervisors shall notify the County Engineer who shall cause reburial to be delayed pending a decision by the Board on the appeal. The appeal shall be heard by the Board of Supervisors at the first regularly scheduled meeting following the date of filing, which is deemed to be the date on which a written appeal is received in the office of the Clerk of the Board of Supervisors. No person may disturb the burial site until a decision on the appeal has been made by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-23. Violation a misdemeanor.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $500.00 or by imprisonment in the County jail for a term of not exceeding six months, or by both fine and imprisonment.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

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