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.
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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 from the Soboba Band of Luiseno Indians and the Agua Caliente Band of Cahuilla Indians (see attachments).
The City is required to provide the tribes with formal notification, in writing, of proposed projects within 14 days after a project application is deemed "complete" or deciding to undertake the project, when it is the City's own project, and notification that the tribe has 30 days to request consultation. The City must initiate consultation within 30 days after receiving such a request. There is no time limit on the consultation period. The consultation concludes when either: "(1) the parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource, or (2) a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached." The City may not proceed with the project until the environmental determination has been made which cannot occur until the conclusion of the consultation period.
AB52 included provisions requiring the Office of Planning and Research to adopt revisions to the CEQA guidelines on or before July 1, 2016 which should assist local agencies with navigating the new requirements.
FISCAL IMPACT:
There is no fiscal impact directly associated with this report.
ATTACHMENTS:
Attachment 1 - Letter from Soboba Band of Luiseno Indians
Attachment 2 - Letter from Agua Caliente Band of Cahuilla Indians