Letter of UC support for Indigenous Land Access Committee

Dear President Napolitano, Chancellor Dirks, Mr. Lalanne, Mr. Patti, Mr. Labadie, and the Commission:

As Ohlone people, we stand in solidarity with all Ohlone people. The Ohlone/Costanoan Tribes are recognized California Native American Tribes traditionally and culturally affiliated with the geographic territory now known as the Gill Tract and University Village. Our people inhabited and lived on that land for over 10,000 years, as documented in history published by the University of California. We formally request a halt to all further development on our ancestral territory within the area now known as the Gill Tract and University Village, and invite you to engage in dialogue about the preservation of this sacred land. We base our claims on the principle of aboriginal title.

We are concerned that the City of Albany, in permitting the University Village Mixed Use Project and in amending the City’s General Plan, has not complied with the requirements of SB 18. This law was enacted, in part, to “[e]ncourage local governments to consider the cultural aspects of California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places early in land use planning processes.” Pursuant to Government Code §65352.3, local government must consult with tribes on the NACH contact list when making land use planning decisions that impact traditional tribal cultural places. We therefore formally request compliance with §65352.3 of the Government Code.

Pursuant to Public Resources Code §5097.97, we also request that the Native American Heritage Commission (NAHC) conduct an investigation into the effect of the proposed developments on the Gill Tract and University Village, as there is substantial evidence to demonstrate that the proposed development may cause severe or irreparable damage to an Ohlone religious or ceremonial site located on public property.

The historical evidence, which we are happy to provide in more detail in a follow-up meeting, demonstrates that there were village sites and shell mounds on the present day Gill Tract that previous construction likely destroyed (for map of shell mound and village sites, see N.C. Nelson, “Shellmounds in the San Francisco Bay Region” (1909)). The University of California’s own history of the Gill Tract and University Village states that the land was occupied by Ohlone people for 10,000 years (see “Report, Experiment Station Research and History - Gill Tract” by LSA Associates, Inc. 2009).

Furthermore, we urge the University of California and the City of Albany to abide by the terms and intent of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), an international declaration endorsed by 147 nations, including the United States. Specifically, Article 26 of the UNDRIP recognizes that “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.” The UNDRIP also recognizes that indigenous peoples have the right to redress for traditionally occupied lands which have been “confiscated, taken, occupied, used or damaged without their free, prior and informed consent.” UNDRIP Article 28.

As the legally recognized stewards of this land, we request that the University of California acknowledge, and commit to work with, the traditional and spiritual stewards of this land - the Ohlone People - in redressing historic injustices and restoring indigenous cultures for the benefit of present and future generations. We thus invite the University of California, the City of Albany, and Sprouts Farmers Markets to formally recognize this land as the traditional territory of the Ohlone People, and to engage in good faith dialogue about permanent preservation of this sacred site through a conservation easement held by a land trust or other similar legal mechanism.

As is our custom, we humbly invite you to share use of this land with us, and envision the establishment of a public Center for Indigenous Foodways to research, restore, and recreate indigenous food practices and cultures. We believe this vision is aligned with the public mission of the University of California, and presents a unique opportunity to acknowledge and work toward healing the historic trauma perpetrated on California Native American Tribes and all indigenous peoples across the world by colonizing cultures and institutions. On behalf of our ancestors and future generations, we invite you to engage in this restorative process for our mutual and collective benefit.

We will begin this healing process on our ancestral land with a sacred fire and ceremony on October 11, 2015, at 3:00 p.m. Please join us as an act of good faith, respect, and mutual learning. This ceremonial observance and sacred fire is protected under 42 U.S. Code § 1996 - Protection and preservation of traditional religions of Native Americans. Additionally, all necessary precautions will be taken to ensure the sacred fire is conducted in a safe and responsible manner.

We ask you please to respect and support our ceremonial honoring of the land and the ancestors with the following accommodations:

Allow us to conduct our ceremonies without interference by the University of California Police Department and City of Albany Police Department;
Allow us to maintain our sacred fire;
Provide unimpeded access to the bathroom facility on the Gill Tract, and maintain the facility in the usual fashion.

At a very minimum, this letter acts as a formal request for compliance with the requirements of SB 18, as enumerated by the Governor’s Office of Planning and Research (or demonstration of prior compliance with these regulations), and a moratorium on development at this site until a meeting is arranged.

Please contact our lead representative for any questions or additional information. We look forward to working with you in service of this land and future generations.

Sincerely,

Indigenous Land Access Committee

Sign here:
https://docs.google.com/forms/d/16G9Dh57e1TM5IWrwUhhWVvTUz9YgWdHY2WnN8fWT7pg/viewform