City Council
MEETING DATE: 8/12/2015
TITLE:
Title
AB52 CEQA Tribal Cultural Resources and Formal Consultation with Tribes
End
FROM:
Pat Milos, Community Development Director
RECOMMENDATION:
Recommendation
Staff recommends the City Council receive and consider a report related to compliance with Assembly Bill No. 52 and how it may affect the development review process.
Body
BACKGROUND:
Assembly Bill 52 signed into law in September 2014 sets forth new requirements for consultation with tribes regarding projects that may affect a tribal cultural resource. The bill applies to projects that have a notice of preparation or a notice of negative declaration filed or mitigated negative declaration on or after July 1, 2015.
The bill recognizes "tribal sovereignty and the unique relationship of California local governments and public agencies with California Native American tribal governments, and respecting the interests and roles of project proponents..." and "that California Native American tribes may have expertise with regard to their tribal history and practices."
The bill establishes "a new category of resources in the California Environmental Quality Act (CEQA) called tribal cultural resources that considers the tribal cultural values in addition to the scientific and archaeological values when determining impacts and mitigation" and "a meaningful consultation process between California Native American tribal governments and lead agencies."
DISCUSSION:
The new laws require that prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project, the lead agency (the City) shall notify the tribe(s) that is traditionally and culturally affiliated with the geographic area of the proposed project if the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in the geographic area. The City has received two such requests fro...
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