Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
March 26, 2019 |
Assembly Bill | No. 275 |
Introduced by Assembly Member Ramos |
January 28, 2019 |
(a)The Legislature finds and declares that California Native American tribes traditionally and culturally affiliated with a geographic area may have expertise concerning their tribal cultural resources.
(b)Before the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project, the lead agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project as indicated by the list maintained by the Native American Heritage Commission pursuant to subparagraph (B) of paragraph (2) of subdivision (j) of Section 8012 of the Health and Safety Code. When corresponding with the lead agency, the California Native American tribe may designate a lead contact
person, which designation shall remain in effect until and unless rescinded by the California Native American tribe. If the California Native American tribe does not designate a lead contact person, or designates multiple lead contact people, the lead agency shall defer to the individual listed on the contact list maintained by the Native American Heritage Commission
pursuant to subparagraph (B) of paragraph (2) of subdivision (j) of Section 8012 of the Health and Safety Code. For purposes of this section and Section 21080.3.2, “consultation” shall have the same meaning as provided in Section 65352.4 of the Government Code.
(c)To expedite the requirements of this section, the Native American Heritage Commission shall assist the lead agency in identifying the California Native American tribes that are traditionally and culturally affiliated with the project area.
(d)Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide
a formal invitation to consult to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American
tribes, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 45 days to begin the consultation process pursuant to this section, unless the parties mutually agree to an extension of the 45-day period.
(a)As a part of the consultation pursuant to Section 21080.3.1, the parties may propose mitigation measures, including, but not limited to, those recommended in Section 21084.3, capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. If the California Native American tribe requests consultation regarding alternatives to the project, recommended mitigation measures, or significant effects, the consultation shall include those topics. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project’s impacts on the tribal cultural resources, and, if necessary, project alternatives or
the appropriate measures for preservation or mitigation that the California Native American tribe may recommended to the lead agency.
(b)The consultation shall be considered concluded when either of the following occurs:
(1)The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource.
(2)A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.
(c)In the event that consultation concludes due to a party’s conclusion that mutual agreement cannot be reached, the parties shall engage in mediation by the Native American Heritage Commission.
(d)(1)This section does not limit the ability of a California Native American tribe or the public to submit information to the lead agency regarding the significance of the tribal cultural resources, the significance of the project’s impact on tribal cultural resources, or any appropriate measures to mitigate the impact.
(2)This section does not limit the ability of the lead agency or project proponent to incorporate changes and additions to the project as a result of the consultation, even if not legally required.
(e)If the project proponent or its consultants participate in the consultation, those parties shall respect the principles set forth in this section.