California’s independent state auditor today reported California State University has done little to return Native American remains and cultural items in its possession to tribes after a months-long review requested by Assemblymember James C. Ramos (D-San Bernardino) and the Joint Committee on Legislative Audit.
The auditor surveyed all 23 CSU campuses and conducted on-site review of Chico State, Sacramento State, San Diego State and San Jose State Universities.
Key findings revealed that only six percent of Native American remains and objects at CSU campuses had been returned since passage of the 1990 Native American Graves Protection and Repatriation Act, or NAGPRA, and the CalNAGPRA 2001 enactment.
The auditor found that CSU campuses have almost 700,000 collections, but the number is expected to grow.
When NAGPRA was approved, institutions such as universities and museums were given until 1995 to inventory and return collections in their possession.
“This is a heartbreaking report for Indian Country. Like the University of California system, our CSU system has done almost nothing to comply with federal and state law in the 33 years since passage of NAGPRA or the 22 years since CalNAGPRA became law,” Ramos said. “After decades, only a small fraction of the collections have been properly restored to the appropriate tribal descendants. As a Native American, I am angered and saddened by this ongoing display of dismissive disrespect to California’s First People and the law.”
Ramos, the first and only California Native American elected to the state legislature, stated he would request a hearing to follow up on the auditor’s findings and to determine whether existing accountability measures, such as fines, could be enforced against campuses not following the law.
“It is unfortunate that California tribes still have to deal with this issue many years later. We have been calling for repatriation since before NAGPRA’s inception. Today’s auditor report only highlighted what we already know - our ancestors’ remains and cultural items are still not returned home,” said Regina Cuellar, Shingle Springs Band of Miwok Indians Tribal chairwoman. “We hope that with the report, the legislature gets behind Assemblymember Ramos’ efforts to ensure proper repatriation.”
“I want to thank the Auditor for bringing well-researched data to lawmakers and for increasing awareness of important issues. Both the CSU and UC systems have failed miserably at returning Native American remains and artifacts to the appropriate tribes,” Ramos stated. He added that community colleges should also face similar scrutiny.
Key findings from the report include:
• Twelve of the 21 campuses with collections have not finished the reviews required by NAGPRA, and 16 campuses have little or no repatriation activity. • Two campuses returned remains without following NAGPRA notification requirements which call for notifying the Federal Register and other tribes. • The Chancellor’s Office has not provided the necessary guidance, oversight and funding to the CSU campuses. • Campuses lack oversight, knowledge, funding and staff to advance repatriation.
Many people are familiar with flash floods – torrents that develop quickly after heavy rainfall. But there’s also such a thing as a flash drought, and these sudden, extreme dry spells are becoming a big concern for farmers and water utilities.
Flash droughts start and intensify quickly, over periods of weeks to months, compared to years or decades for conventional droughts. Still, they can cause substantial economic damage, since communities have less time to prepare for the impacts of a rapidly evolving drought. In 2017, a flash drought in Montana and the Dakotas damaged crops and grasses that served as forage for cattle, causing US$2.6 billion in agricultural losses.
Flash droughts typically result from a combination of lower-then-normal precipitation and higher temperatures. Together, these factors reduce overall land surface moisture.
Water constantly cycles between land and the atmosphere. Under normal conditions, moisture from rainfall or snowfall accumulates in the soil during wet seasons. Plants draw water up through their roots and release water vapor into the air through their leaves, a process called transpiration. Some moisture also evaporates directly from the soil into the air.
Scientists refer to the amount of water that could be transferred from the land to the atmosphere as evaporative demand – a measure of how “thirsty” the atmosphere is. Higher temperatures increase evaporative demand, which makes water evaporate faster. When soil contains enough moisture, it can meet this demand.
But if soil moisture is depleted – for example, if precipitation drops below normal levels for months – then evaporation from the land surface can’t provide all the moisture that a thirsty atmosphere demands. Reduced moisture at the surface increases surface air temperatures, drying out the soil further. These processes amplify each other, making the area increasingly hot and dry.
Moist regions can have flash droughts
Flash droughts started receiving more attention in the U.S. after notable events in 2012, 2016 and 2017 that reduced crop yields and increased wildfire risks. In 2012, areas in the Midwest that had had near-normal precipitation conditions through May fell into severe drought conditions in June and July, causing more than $30 billion in damages.
Conventional droughts, like the Dust Bowl of the 1930s or the current 22-year drought across the southwestern U.S., develop over periods of years. Scientists rely on monitoring and prediction tools, such as measurements of temperature and rainfall, as well as models, to forecast their evolution.
Predicting flash drought events that occur on monthly to weekly time scales is much harder with current data and tools, largely due to the chaotic nature of weather and limitations in weather models. That’s why weather forecasters don’t typically make projections beyond 10 days – there is a lot of variation in what can happen over longer time spans.
And climate patterns can shift from year to year, adding to the challenge. For example, Boston had a very wet summer in 2021 before its very dry summer in 2022.
Scientists expect climate change to make precipitation even more variable, especially in wetter regions like the U.S. Northeast. This will make it more difficult to forecast and prepare for flash droughts well in advance.
But new monitoring tools that measure evaporative demand can provide early warnings for regions experiencing abnormal conditions. Information from these systems can give farmers and utilities sufficient lead time to adjust their operations and minimize their risks.
For months, legislators, legal scholars and people simply interested in democracy and elections were fixated on a case before the Supreme Court, Moore v. Harper. Those following the case, which asked the justices to rule on the “independent state legislature doctrine,” have held their collective breath awaiting the outcome, which could have changed fundamental aspects of U.S. elections and politics.
Henry L. Chambers Jr., a law professor at the University of Richmond, wrote earlier for The Conversation about the case, saying “Adoption of a strong independent state legislature doctrine would leave partisan gerrymandering unregulated at both the state and federal levels. State legislatures, unconstrained by state law, could then create aggressively gerrymandered congressional districts, possibly leading to an ever more partisan Congress with accompanying gridlock and policy failures.”
We asked Chambers to help readers understand the court’s opinion, issued on June 27, 2023.
What question did the Supreme Court answer in this opinion?
The court considered whether a state legislature could have the last word, with no review by state courts, regarding gerrymandered congressional districts they created. State legislatures have always been bound by the U.S. Constitution and by federal laws, so they had to draw lines consistent with the federal Voting Rights Act, for example. But the question was whether a state legislature could draw whatever congressional districts it wanted without review by state courts under state law. If so, state legislatures might also have more freedom to affect the choice of state electors in presidential elections.
At issue was a legal theory called the “independent state legislature doctrine,” which the court considered in a dispute over gerrymandered North Carolina congressional districts. In early 2022, North Carolina state courts found the Legislature violated the state constitution when it drew congressional districts favoring Republicans. The Legislature claimed the U.S. Constitution gives it authority, unfettered by state courts’ interpretation of the state constitution or laws, to regulate congressional elections, and asked the Supreme Court to agree.
The court did not agree.
In cases that involve the legislative action, courts typically consider whether the legislature has contravened state law. If the legislature has, it has made a mistake, and the legislative action tends to be reversed.
This decision merely reiterates what most people always thought the law was: Legislatures cannot legislate in ways that are inconsistent with the law that governs their actions and their state. This conclusion seems obvious, like saying the sky is blue or water is wet.
Does this decision apply only to partisan gerrymandering by state legislatures?
This case focused on partisan gerrymandering of congressional districts. However, it may apply more generally to rules for congressional elections, such as where, when and how such elections will be run. If the state constitution explains how congressional elections will be run, the state legislature must abide by those provisions.
What happens next in terms of partisan gerrymanders drawn by state legislatures?
Partisan gerrymanders are subject only to state constitutional and statutory law – the written laws enacted by the legislature. In the 2019 ruling, Rucho v. Common Cause, the Supreme Court deemed partisan gerrymandering a political question, not subject to regulation by the federal Constitution. In that ruling, the court noted state constitutional and statutory law could be used to stop partisan gerrymandering.
However, states need not regulate partisan gerrymandering. A state constitution may allow partisan gerrymandering by failing to prohibit it, essentially saying, “The people don’t care about partisan gerrymandering.”
Racial gerrymandering is still subject to regulation by the U.S. Constitution, federal law, such as the Voting Rights Act, and state law.
Now that the court has clarified that a legislature’s congressional redistricting is subject to review by state courts, the issue will become whether a state court has appropriately interpreted state statutory law or state constitutional law if it strikes down a congressional redistricting plan.
If a court interprets state law reasonably in invalidating a redistricting plan, it acts appropriately. If a court interprets state law too aggressively in invalidating a redistricting plan, it invades the legislature’s prerogatives.
Federal courts will decide when the state courts have gone too far. The less obvious the interpretation used by the court to limit the state legislature, the less likely federal courts will allow that interpretation to constrain the legislature. However, the Supreme Court provided no guidance in this decision on when state courts have gone too far.
Will this ruling affect the 2024 presidential election?
Had the court decided the case differently, bedlam could have ensued. Legislatures might have attempted to circumvent state law that defines how presidential electors are chosen.
Many folks argue such chicanery could never happen, because once presidential electors are chosen on Election Day, then that’s it. But if the court had suggested a legislature is not bound by its state constitution, some people might make arguments to sow discontent during the weeks between the election and the inauguration.
Other safeguards might have stopped the harm, but the fear of trouble would have been real.
LAKEPORT, Calif. — With the July 4 holiday just around the corner, officials with the city of Lakeport are reminding community members about the rules governing the use of safe and sane fireworks in the city.
Lakeport is the only area of Lake County where safe and sane fireworks are legal to sell and use for the Independence Day holiday.
That use is limited to the brief period from July 1 to 4.
Hours of discharge in Lakeport are 9 a.m. to 10 a.m. July 1 to 3, and 9 a.m. to 11 p.m. July 4.
A safe firework area will be set up at the end of Fourth Street near Clear Lake.
Use of fireworks on private property, such as shopping centers, is only allowed by permission of the property owner, according to Lakeport Municipal Code.
The municipal code also prohibits the use of any fireworks within 10 feet of a residence, dwelling or other structure used for human habitation.
Text FIREWORKS to 888777 for public safety information for the city of Lakeport.
In all other parts of Lake County, officials emphasize that all fireworks are illegal to use.
In the run up to July 4, Cal Fire said this week that it is maintaining a zero tolerance stance on illegal fireworks.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
LAKEPORT, Calif. — The Lakeport Fire Protection District Board has approved the purchase of new water equipment to bolster the agency’s rescue capabilities.
In a special meeting on June 13, the board supported the request from Chief Patrick Reitz to purchase two Jet Skis and a trailer for the district’s water rescue program.
District officials said the special meeting was necessary because the item had inadvertently been left off the agenda for the regular meeting that took place immediately before it.
The district is purchasing two 2015 Yamaha VX Cruiser WaveRunners and a trailer from Mike Pate of Lockeford.
In his report, Reitz said the goal was to purchase the equipment before the end of June, in order to keep it within the 2022-23 fiscal year.
The equipment was found in an advertisement and a good faith deposit of $500 was put down on it before the purchase was finalized by the board.
Reitz said the purchase, expected to be completed by June 20, totaled $22,000.
That’s over his $20,000 spending limit, which required Reitz to go to the board for final approval.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
LAKE COUNTY, Calif. — The Lake County Sheriff’s Office will hold a community meeting next week to discuss a military equipment report.
The meeting will take place on Thursday, July 6, from 4 to 5 p.m. in the Board of Supervisors chambers, 255 N. Forbes St. in Lakeport and via Zoom.
During the meeting, the sheriff’s office will present its AB 481 military equipment annual report and answer any questions or address any concerns from the community.
Comments and questions can be submitted in writing for City Council consideration by sending them to City Clerk Melissa Swanson at This email address is being protected from spambots. You need JavaScript enabled to view it..
To give the council adequate time to review your questions and comments, please submit your written comments before 4 p.m. Friday, June 30.
On Friday, Lisa Westwood, vice president and director of cultural resources for ECORP Consulting, will give a presentation on AB 52, the law requiring tribal consultation on projects.
As part of the meeting’s consent agenda, the council will adopt Resolution No. 2023-32, approving a temporary street closure for the annual July 4 parade.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
Beginning at noon on Wednesday, June 28, “safe and sane” fireworks will go on sale in many communities across California, but the Department of Forestry and Fire Protection, or Cal Fire, is reminding everyone to do their part to have a safe holiday and help prevent fires and injuries caused by fireworks.
As you gather to celebrate the Fourth of July, make sure your festivities are both enjoyable and safe.
Check your local laws and ordinances to find out if fireworks are illegal where you live, or if certain “safe and sane” fireworks are permitted.
In Lake County, safe and sane fireworks are only allowed in the city of Lakeport and only during a four-day window ending on the July 4 holiday.
In certain areas of California — including all areas of Lake County outside of Lakeport — all fireworks are illegal.
Since 2013, in the state of California, there have been over 20,000 acres burned with fireworks being the ignition source and a total of $59.3 million in property loss, with $25.7 million of that total occurring in 2022 alone.
“Our arson and bomb investigators and law enforcement officers have been busy assisting with numerous illegal fireworks enforcement operations, and members of the Arson and Bomb Unit have successfully seized over 245,000 pounds of illegal fireworks from all over California since July 2022,” said acting State Fire Marshal Daniel Berlant.
“We have a zero tolerance toward the use, transportation, and possession of illegal fireworks. Even ‘safe and sane’ fireworks are banned in many communities and bring large fines for their illegal use,” Berlant said.
It is illegal to sell, transport or use fireworks that do not carry the safe and sane seal, as well as possess or use fireworks in a community where they are not permitted.
Over the past few months Cal Fire-Office of the State Fire Marshal’s specialized arson and bomb investigators have been providing intelligence and support to local and federal illegal fireworks enforcement efforts.
If convicted, a violator could be fined up to $50,000, as well as be sent to jail for up to one year.
Illegal fireworks include:
• Skyrockets; • Bottle rockets; • Roman candles; • Aerial shells; • Firecrackers; • Other fireworks that explode, go into the air, or move on the ground in an uncontrollable manner.
“The wet winter has been an anomaly, but any belief of a less intense fire year as a result of the precipitation is a mistake,” said Chief Joe Tyler, Cal Fire director and fire chief. “As the weather conditions continue to get warmer and drier, the vegetation — including grass, brush and timber — will become more susceptible to burning. Make no mistake, fire conditions are elevated, as seen in the increase of wildland fires over the past few weeks, and the 4th of July, along with the use of fireworks, will contribute to the increased risk for wildfires.”
As California develops rules to ensure the state recycles most packaging and plastic food service waste, and decreases the amount produced, CalRecycle wants input from the public and other interested parties.
The public’s next opportunity to weigh in is 10 a.m. Wednesday, June 28, and Thursday, June 29.
California’s new law, SB 54, goes further than any other state to cut plastics production at the source.
SB 54 requires that 25% of plastic packaging be cut by 2032, 65% of single-use packaging be recycled by 2032 and that 100% of packaging be recyclable by 2032.
“We need our industry partners to come forward to help make our system fully circular,” CalRecycle Director Rachel Machi Wagoner said. “A circular economy will make better use of finite resources, reduce climate-heating pollution and protect human health.”
CalRecycle wants to hear from the public and other interested parties, such as:
• The packaging industry, retailers and grocers; • Local governments, recyclers, composters and haulers; • Nonprofits, environmental justice organizations and community groups.
The June 28 workshop topics will include covered material category list, and recyclability and compostability.
On June 29, workshop topics will be independent producers, small producers and retailers/wholesalers, local jurisdiction impacts and economic impact assessment data.
Both workshops take place from 10 a.m. to 4 p.m. at CalEPA, 1001 I St., Byron Sher Auditorium (second floor), in Sacramento.
Remote participation is available.
Sign up for the June 28 webcast here and for the June 29 webcast here.
LAKE COUNTY, Calif. — The Lake County Sheriff’s Office has issued an update on the name change of the company that provides its community evacuation interface for emergency zone mapping.
As Lake County News first reported last week, Zonehaven AWARE changed its name to Genasys Protect, effective June 27, over the objections of the Lake County Sheriff’s Office and other law enforcement agencies.
The Lake County Sheriff’s Office uses Zonehaven to map evacuation zones across Lake County, which typically are used during fire emergencies.
This week, officials said only the company’s name is changing.
There will be no change for zone information and zone numbers.
At this time, all QR codes and other web addresses/URLs (aware.zonehaven.com and community.zonehaven.com), past information provided by the Sheriff’s Office, and zone information are still relevant, still work and will continue to function, the county reported.
Starting in 2024, the URL will be consolidated to protect.genasys.com, only.
Sign up for LakeCoAlerts, and review other valuable preparedness resources, while visiting these webpages.
Lake County residents are encouraged to prepare now, and connect with your families and neighbors to help ensure needs can quickly be understood and met in the event of a disaster.
While the holidays are a time of celebration for the public, they can also be a time of concern for the California Highway Patrol and the California Office of Traffic Safety.
The CHP and its public safety partner, the California Office of Traffic Safety, or OTS, are working together ahead of Independence Day to address the crisis on California’s roadways by encouraging safe driving behaviors through education and enforcement.
“Reckless driving is a serious concern on California’s roadways, and it is the responsibility of CHP and OTS to help keep the public safe,” said CHP Commissioner Sean Duryee. “Every year, speed is the leading cause of roadway crashes in our state, resulting in thousands of injuries and hundreds of deaths. Slow down and help us make our roads safer for everyone.”
To help people arrive safely at their destination, the CHP will implement a statewide maximum enforcement period, or MEP, beginning at 6:01 p.m. on Friday, June 30, and continuing through 11:59 p.m. on Tuesday, July 4.
Throughout the extended holiday weekend, all available uniformed members of the Department will be on patrol to enhance public safety, deter unsafe driving behavior, and, when necessary, take appropriate enforcement action.
“Maximum enforcement helps save lives and protects everyone on our roads by holding drivers accountable for dangerous, unlawful behaviors like speeding and impaired driving,” said OTS Director Barbara Rooney. “Whether you are traveling near or far, make a plan to go safely before heading to your destination. We want you and your loved ones to enjoy a safe and happy Fourth of July weekend.”
Forty-four people were killed in crashes in California during last year’s Independence Day weekend.
In addition, CHP made nearly 1,000 arrests for driving under the influence throughout the 78-hour holiday enforcement effort.
Keep yourself and others who are on the road safe by designating a sober driver or using public transit or a ride-share service.
If you see or suspect an impaired driver, call 9-1-1 immediately. Be prepared to provide the dispatcher a description of the vehicle, the license plate number, location, and direction of travel. Your phone call may save someone’s life.
“We encourage you to safely enjoy your holiday weekend,” added Commissioner Duryee. “Travel at a safe speed, avoid distraction behind the wheel, buckle up, and drive sober. Rest assured, CHP officers will be working diligently to protect those who are traveling on California’s roadways.”
The Biden-Harris Administration has announced its allocation of funding to deploy high-speed Internet access to everyone in America.
California will receive $1.86 billion in funding from the Broadband Equity, Access, and Deployment, or BEAD program, as part of President Joe Biden’s 2021 Bipartisan Infrastructure Law.
“Together with the Biden-Harris Administration, we’re connecting millions of Californians with reliable, affordable high-speed Internet. With the President's Bipartisan Infrastructure Law, billions of dollars are headed our way, boosting our efforts to provide all Californians — regardless of zip code — access to the internet,” said Gov. Gavin Newsom.
“This infusion of funding will help build on the work done in recent years with the Legislature to cut red tape around broadband infrastructure projects and get high-speed Internet access to more Californians, helping make the digital divide a thing of the past,” Newsom said.
This historic allocation nearly doubles the amount of available funding for “last-mile” broadband infrastructure in California.
In 2021, the governor signed historic legislation allocating $6 billion for achieving Broadband for All, including $2 billion for similar “last-mile” projects and $3.25 billion for the middle-mile network, and last year’s budget put an additional $550 million toward the project as it moves into construction.
As part of the 2021 funding, Gov. Newsom and the Legislature streamlined state permitting regulations for the middle-mile project — through CEQA exemptions and alternative delivery methods — that have cut project permitting timelines from 30 months to under one year.
The governor is working this year on similar streamlining to boost critical infrastructure construction across the state.
Last year, California began construction on the nearly $4 billion broadband statewide “middle mile” initiative, which will be the nation’s largest broadband backbone infrastructure network.
Roughly one in five Californians do not have access to reliable and affordable high-speed internet.
Once complete, funding for “last mile” efforts will support internet connections from “middle mile” lines to homes and businesses, as well as efforts to ensure individuals can afford broadband service where it already exists.
Details related to the federal funding are available on InternetForAll.gov.
Californians interested in seeing if they qualify for discounted high-speed internet services available now may learn more at the state’s Broadband for All website here.