Pub. Resources Code, § 5097.9 · Chapter 1.75. Native American Historical, Cultural, and Sacred Sites
Pub. Resources Code, § 5097.9
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
No public agency, and no private party using or occupying public property, or operating on public property, under a public license, permit, grant, lease, or contract made on or after July 1, 1977, shall in any manner whatsoever interfere with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution; nor shall any such agency or party cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, except on a clear and convincing showing that the public interest and necessity so require. The provisions of this chapter shall be enforced by the commission, pursuant to Sections 5097.94 and 5097.97.
The provisions of this chapter shall not be construed to limit the requirements of the Environmental Quality Act of 1970, Division 13 (commencing with Section 21000).
The public property of all cities, counties, and city and county located within the limits of the city, county, and city and county, except for all parklands in excess of 100 acres, shall be exempt from the provisions of this chapter. Nothing in this section shall, however, nullify protections for Indian cemeteries under other statutes.
Notes and commentary — not statutory text
History
Repealed and added by Stats. 1976, Ch. 1332.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum=5097.9.
- Text hash
- sha256 a7524c1a5f2fad9d6bf619e6b0bf1ba976ee84bc0b844e9757543ae19ee249d8
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Pub. Resources Code, § 5097.9. Each shows the citation as that text prints it.
Government Code
- Gov. Code, § 7927.000Printed as Sections 5097.9 and 5097.993 of the Public Resources Code
- Gov. Code, § 65040.2Printed as Sections 5097.9 and 5097.993 of the Public Resources Code
- Gov. Code, § 65352.3Printed as Sections 5097.9 and 5097.993 of the Public Resources Code
- Gov. Code, § 65400Printed as Sections 5097.9 and 5097.993 of the Public Resources Code
- Gov. Code, § 65560Printed as Sections 5097.9 and 5097.997 of the Public Resources Code
- Gov. Code, § 65562.5Printed as Sections 5097.9 and 5097.993 of the Public Resources Code
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