Native American Heritage Commission Tells Feds: Impacts of Toll Road on Juaneno people who use Panhe for ceremony are completely unmitigated

Posted: May 27th, 2008

Larry Meyers, Executive Secretary of the California Native American Heritage Commission, has sent the attached May 27, 2008, comments to the NOAA Office of General Counsel for Ocean Services re: Foothill Transportation Corridor South (FTC-S) Toll Road. Mr. Meyers comments as follows:

“Panhe is a place that continues to be an integral part of Juaneno culture as practiced today.

“The NAHC agrees with the determination of the Coastal Commission that the proposed mitigation will not reduce adverse impacts to below a level of insignificance. The NAHC believes that the impacts to the Juaneno people who use the site of Panhe for ceremony are completely unmitigated.

“In comments to the TCA in a letter dated January 10, 2006 regarding the FEIR the NAHC pointed out the need to fully consider the impacts to Panhe and consider avoidance, which TCA has not done to date.

. . .

“In addition the NAHC agrees with the determination of the Coastal Commission and State Historic Preservation Officer that Panhe should have been analyzed as a Traditional Cultural Property (TCP).

“The NAHC believes that it is critical that Panhe be analyzed as a Traditional Cultural Property. Native American consultation on the project did not include descendents of Panhe, nor did it recognize that the NAHC has listed it as Sacred Lands site. . . . However, without an evaluation of the qualities and values of the TCP, there cannot be genuine consideration of how the project will adversely impact these qualities and values which caused the property to be listed. There is also insufficient consideration of avoidance and inadequate discussion of preservation in place as possible alternatives.

“There should have been consideration of mitigation of impacts on cultural use of the site, the issue of long term access to the site for ceremonial activities, the preservation of Panhe’s historical and cultural integrity through mitigation and through redesign of the project.

“In addition the NAHC concurs with the Coastal Commission and the SHPO that TCA has not provided sufficient information to enable an evaluation of the full range of adverse impacts to cultural resources and their potential mitigation. The NAHC is of the opinion that all mitigation options including avoidance have not been explored. As it stands the NAHC believes that the impact on Panhe is not mitigated.”

In addition, two Tribal Chairs for the Juaneno Band of Mission Indians — as well as the United Coalition to Protect Panhe, a coalition of Native American Acjachemen tribal members — have recently sent letters to the NAHC requesting that NAHC continue prosecuting the litigation against the toll road.

See more at www.savepanhe.org and www.savesanonofre.org.

Download the letter from NAHC to NOAA.