Consultation Policy | Xolon Salinan Tribe

Best Practices for Tribal Consultation

The Xolon Salinan Tribe are referred to as a “Tribe” to establish a tribal government through which we may effectively exercise our inherent sovereign powers and privileges, and preserve and maintain our unique cultural and ethnic heritage. We are a California Central Coast Tribe. At this time our tribal status is considered a Non-Federal Tribe and a California State Acknowledged Tribe.

The Xolon Salinan People have occupied our ancestral territory prior to Spanish Conquest. Unified within the Southern Monterey and Northern San Luis Obispo Counties, and a small occupation within Panoche Valley, these sacred landscapes are the soul of our People.

Our traditional territory includes all ancient lands, as to which the “Tribe” may continue to claim legal rights, including the rights about ancestral burial issues, tribal monitor planning and the return of ancestral lands to tribal ownership.

Ancient Boundaries of the Xolon Salinan Tribe
The Xolon Salinan Pacific Coastal boundary begins in the south at Le’sam-Morro Estuary, along the viewshed of the Santa Lucia Range, to Dolan Rock-Sur in the North. Our inland boundary extends east from the Pacific Coast into the Salinas Valley and further northeast to Diablo Range and Panoche Valley. The Southeast boundary extends to the Carrizo Plain and Temblor Range, following the foot of the Cuesta Grade.

First Steps for Consultation
This document is intended for Federal, State and independent agencies as guidance for Tribal Consultation with Xolon Salinan Tribe. Under the provision laws of Federal National Historic Preservation Act (NHPA) Section 106; National Environmental Preservation Act (NEPA); State California Environmental Quality Act (CEQA) amendment Assembly Bill 52; and California Senate Bill 18. It is intended to guide these agencies on the importance of including tribal values and knowledge into the decision-making process.

Consultation should be an open dialogue with full transparency between the Tribe and lead agency. Meaningful discussions and notifications must take place far in advance before any decision-making occurs.

Notices should be sent via email (to xolon.salinan.heritage@gmail.com) sufficiently in advance of a consultation session to allow time for the Tribe to review environmental documents and develop recommendations. In addition, Notices should have all necessary background information on the topic to be consulted on.

Project Notifications should include the following (but could also have other information pertinent to the project specifically):
• Draft cultural, biological, and arborist reports
• Lead agency contact information
• Project description and location, which should include staging areas and utility improvements or modifications
• Shapefiles of project footprint and cultural resources pinned and labeled on a map with proper site numbers
• Maximum depth and horizontal extent of soil disturbance
• Construction plan/timeline

It is important to retrieve all relevant Xolon Salinan cultural heritage sacred and cultural site information from Federal, State and County databases and catalogs about permit areas:
• National Register of Historic Places (NRHP)
• California Native American Heritage Commission (NAHC) Sacred Site Inventory
• California Historical Resources Information System (CHRIS)
• California Regional Information Centers
• San Luis Obispo Planning and Building Office
• U.S. Forest Service
• U.S. Fort Hunter Liggett

Confidentiality is necessary to ensure protection of Tribal cultural resources. However, if the undertaking is within sacred or sensitive landscapes, open discussions could be considered appropriate, to assist protecting and preserving a sacred landscape and its cultural resources.

What type of cultural resources are important to the Xolon Salinan Tribe?
Cultural resources go beyond the general term. It becomes the center stone of our historic/cultural values for preservation. Through cultural resources we keep values from our ancestors. This gives us further knowledge of who we are as a People. Examples of these historic/cultural values we protect are not an exhaustive list:
• Ancestors’ remains, burials, funerary items
• Burial soil
• Cultural archaeological sites
• Sacred sites and landscapes

• Ceremonial items

• Isolated cultural objects

• Traditional cultural properties, including village sites and seasonal camps

• Traditional plants and the ancient Oaks of the homelands

• Traditional hunting and fishing areas
• Waterways
• Old Salinan trails

• Old Adobe structures within homelands

• Midden

Consultation is an important method to ensure an understanding of historical context for the Tribe’s interest and can provide a broader engagement of meaningful and constructive conversation.

Brief Overview of Section 106 for a Non-Federal Tribe

What is Section 106?
This term refers to a federal review process designed to ensure that historic properties are considered during federal project planning and execution. Congress passed this under the National Historic Preservation Act of 1966 (NHPA).

Federal Agencies must consult with certain parties who have concerns about the federal undertaking. This includes non-federal tribes and individual members who are entitled to the same consideration all citizens of the U.S. have within the Section 106 process.

The United Nations Declaration pertains to the Rights of Indigenous Peoples. This UN Declaration has been supported by the U.S. since 2010.

Federal undertaking directly implements a project or funds a project. This could be a permit, license or approval of a project, which is referred to as an “undertaking.” Undertaking is the type of activity that has potential to cause effects to historic properties, should any be present. This term oversees a broad range of federal activities.

What is considered historic property within the Xolon Salinan sacred landscapes?
There are many examples that may be considered, such as buildings, structures, objects, sites, districts and archaeological resources. This includes properties that have not yet been discovered but have historical/archaeological significance, events which made a significant contribution to the broad patterns of history, Persons significant to our past or information important to prehistory and history.

Section 106 includes any property listed in or eligible for inclusion in the NRHP. The Xolon Salinan considers a cultural landscape or heritage district eligible for NRHP inclusion whereas individual archaeological sites may not be considered eligible for NRHP. The Xolon Salinan understand heritage landscapes, whereby a single archaeological site may be part of a larger Tribal Cultural Landscape (TCL).

The Lead Federal Agency is responsible for overseeing eligibility on the NRHP in partnership with the Xolon Salinan Tribe.

Brief Look at Section 106 Review

• Identification and evaluation of historic properties
The Xolon Salinan Tribe is given the opportunity to provide cultural information and identify concerns about historic properties. Concerns can range from cultural importance, traditional and religious sacred landscape, and historic ownership of property. A qualified archaeologist may assist with evaluations in a decolonized approach. The importance of collaboration is critical; building trust is key to successful consultation. The initial consultation phase should include the State Historic Preservation Officer (SHPO).

• Assessment of adverse effects
With the assistance of SHPO, the Tribe is responsible for assessing the outcome of the Area of Potential Effects (APE) and in consultation decide if an APE is considered a positive or negative “adverse effect” to the historic landscape. The Xolon Salinan Tribe follows the guidance outlined in Section 106, 36 CFR 800.11(e), in “finding of no adverse effects.” We consider aspects of Tribal Cultural Knowledge (TK) and Biocultural Knowledge (BC) within our oral history, Federal and State historic records, ethnographic records and other academic resources, local cultural records and other relevant historical documents.

SHPO will review and assess the Xolon Salinan findings of positive or negative adverse effect to the historical property.

• Consultation
If positive adverse effects occur, the Lead Federal Agency will continue to consult with SHPO and the Xolon Salinan, in finding ways forward with least impact to the historic property.

A Memorandum of Agreement (MOA) will outline measures agreed upon that the Lead Federal Agency will take to avoid or mitigate the adverse effect.

It is critical during the consultation period that all detailed information requested by the Xolon Salinan Tribe is shared appropriately. A prompt response to Xolon Salinan requests for historical records, cultural site records and any cultural research surveys, within the five-mile radius of the Undertaking (APE), helps the Tribe to decide better constructive recommendations.

If consultation proves unproductive, all parties could terminate consultation.

• Council comment
The Advisory Council on Historic Preservation may be requested to comment during the Consultation period. In addition, the Lead Federal Agency could send the MOA to the Council for written comments.

• Proceeding
If an MOA is approved, the Lead Federal Agency continues with its undertaking under the terms of the MOA, provided that the federal agency takes into account the Council's written comments on how to proceed.
Through constructive viewpoints and alternative ideas, we believe a solution could be considered as discussions progress positively.

Protection and Preservation of the ancestors will always be the Xolon Salinan Tribe’s main goal. Much of our history has been removed or destroyed from the homelands; this is California history as well. It is important to honor what is left of the sacredness within these historical landscapes.

Tribal Monitors
The importance of having Tribal Monitors present at sensitive sites is essential. Our Tribal Monitors are professionals and understand the confidential aspects of sensitive locations in addition to honoring the importance of protecting our ancestors. Xolon Salinan Monitors understand the landscape and have the knowledge of protecting cultural resources. Compensation for Tribal Monitors should be incorporated within project budgets. This may include field visits, monitoring activities, research, historical investigation, and documentation of daily observations. Hourly and travel expenses should be compensated appropriately.

Inadvertent Discovery of Cultural Resources
In the event cultural materials and artifacts are discovered, it is important to utilize the process “in situ.” If the Tribal Monitor determines the resources are in danger of being damaged or stolen if left “in situ,” the Tribe will work with the Lead Federal Agency or developer to determine the appropriate location to rebury for appropriate preservation.

Inadvertent Discovery of Ancestral Remains
This unfortunate occurrence can be a complex issue and involves several layers of Federal, State and Local laws. The following laws provide further details and guidance about the authority of the lands:

If Remains are unearthed within Federal Lands controlled by the U.S., the process must be overseen through Native American Graves Protection and Repatriation Act.

If Remains are unearthed within private or State lands, the process must be overseen through California Law from Public Resources Code, Chapter 1.75 Section 5097.9.

Primary Contacts
Karen R. White, Council Chair | xolon.salinan.heritage@gmail.com
Penny Pierce-Hurt, Cultural Preservation Administrator | phurt6700@gmail.com
Karen Fontanetta, Cultural Resource Consultant | kfontanetta@hotmail.com

Xolon Salinan Tribe
P.O. Box 7045
Spreckels, CA 93962
xolon.salinan.heritage@gmail.com