Native News
City Ordered to Stop a Construction Project Four Years After Unearthing a Native Burial Ground
A California county court ruled earlier this month that the City of Corona must stop construction on a wastewater project to protect Native American remains uncovered at the site.
In March 2022, the City of Corona, Calif., unearthed human remains during construction on a project to expand the city’s wastewater infrastructure. The Riverside County Coroner confirmed the remains were prehistoric Native American. Under state law, government agencies are required to consult with the tribe affected and mutually agree on ways to mitigate the damage done.
The California Native American Heritage Commission determined the remains were most likely the ancestors of the Soboba Band of Luiseño Indians, along with the Kizh Nation, Gabrieleño Band of Mission Indians and the Pechanga Band of Indians.
The NAHC advised the City to consult all three tribes about the handling of the remains. The tribes concluded there were likely more remains at the site, and that the area should be treated as a cemetery, and that the remains should be reinterred, and further construction at the site should be avoided.
The city argued that the NAHC lacked the authority to declare the area a burial site and would instead follow the Kizh Nation’s earlier recommendations to rebury the remains.
The project area, however, was within the territory of the Luiseño bands. The tribes filed a preliminary injunction in 2023, arguing that the city chose to follow the customs of a tribe to which the remains did not belong.
The city asserted that no tribal cultural resources exist at the project site, so no efforts to avoid damaging the area were required. The city also argued that the legal protections for tribal remains were meant to be used during the pre-project review period, not once construction work had begun.
Mark Macarro, Tribal Chairman of the Pechanga Band of Indians, said in a press release that the ruling is a victory for the tribes.
“Today’s ruling affirms what we have known for generations — these grounds are sacred, and the remains of our ancestors deserve the full protection of the law,” Macarro said. “The City of Corona chose to proceed recklessly over the objections of three different tribes. This court has now made clear that no government entity may disregard its legal obligations to tribal nations and to our ancestors.”