California
SAVING GRAVES
2003-2004
CEMETERY LEGISLATION
Assembly Bill 1476
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA
Rebecca Cohn, Chair AB 1476 (Chavez)
As Amended: April 21, 2003
Assembly Committee Analyses
SUBJECT : State park system
SUMMARY : This legislation would expand the Department of Parks and Recreation's (DPR) park unit classification system to include a specific definition of "cultural reserve" that is distinct from a "natural reserve." Specifically, this bill :
1) Designates state natural
reserves as those areas that preserve native ecological associations, unique
faunal or floral characteristics, geological features, and scenic qualities in a
condition of undisturbed integrity.
2) Establishes state cultural reserves as
those areas that preserve and protect the integrity of places that contain
historic or prehistoric structures, villages, or settlements, archaeological
features, ruins, artifacts, inscriptions made by humans, burial grounds,
landscapes, hunting or gathering sites, or similar evidence of past human lives
or cultures.
3) Requires the highest level of protection to be
sought for each cultural reserve and specifies conditions for the use of and
access to a cultural reserve including access to the site for ceremonial and
spiritual purposes.
EXISTING LAW :
1) Establishes a classification
system to characterize the nature, value, purpose, and management of each unit
within the state park system.
2) Designates three of the fourteen park
classifications as:
a) Historical units
that preserve objects of historical, archaeological, and scientific interest and
archaeological sites and places that commemorate important persons or historic
events and that are made available for recreation and visitor activity.
b) State reserves those
areas that preserve native ecological associations, unique faunal or floral
characteristics, geological features, and scenic qualities in a condition of
undisturbed integrity and are made available on a day use basis for public
enjoyment and education.
c) Cultural preserves
which are located within existing units of the park system and represent
significant places or events in the flow of human experience in California and
are protected from potentially damaging external influences.
FISCAL EFFECT : Unknown
COMMENTS :
1) Purpose of Bill . According to the author and
sponsor, "the current statutory park unit classification system does not
include a classification that describes holdings intended primarily for the
purpose of preserving and protecting historic and pre-historic structures,
features and artifacts. While the classification of 'State Historic Park'
currently exists, this classification would be inappropriate for such properties
because that classification is one that encourages a higher degree of recreation
and visitor activity than is appropriate for these sites. In addition, DPR has a
classification of 'Cultural Preserve,' but it is only available to subunits of
existing units. While the current cultural preserve classification could be used
for sites within an existing unit, it is not appropriate for a geographically
isolated site."
Appropriate classification of each state park unit is
essential, as it is that classification which determines the appropriate types
and levels of use at a unit. This "cultural reserve" proposal would
ensure the appropriate classification of state park units selected and managed
for the purpose of preserving and protecting the integrity of places which
contain historic or pre-historic structures, villages, or settlements,
archaeological features, ruins, artifacts, inscriptions made by human agency,
burial grounds, landscapes, hunting or gathering sites, or similar evidence of
past human lives or cultures. It would result in the best use of these units for
the protection and preservation of valuable cultural resources and for the
education and enjoyment of the public.
2) Classification of State Parks . Classification
is an official designation, which, in effect, characterizes the inherent nature,
and basic value of the unit, specifies its purpose as a unit, and indicates the
sort of management it should receive. There are eleven basic classifications,
which the State Park and Recreation Commission may give to a unit.
In addition, current law provides three other
classifications which may be given to lands which lie entirely within the
boundaries of a unit with one of the above-listed nine classifications. Such
units are commonly referred to as "internal units" or
"sub-units." The intent of these three classifications is to mandate
greater protection to the particularly valuable natural or cultural resources
situated within their boundaries.
REGISTERED SUPPORT / OPPOSITION :
Support
Department of Parks and Recreation (sponsor)
Native American Heritage Commission
Native American Land Conservancy
Opposition
None on file.
Analysis Prepared by : Kellie Smith / A.,E.,S.,T. & I.M. / (916) 319-3450