AB 52,
as amended, Gatto. Nativebegin delete Americans.end deletebegin insert Americans: California Environmental Quality Actend insertbegin insert.end insert
Existing law, the Native American Historic Resource Protection Act, establishes a misdemeanor for unlawfully and maliciously excavating upon, removing, destroying, injuring, or defacing a Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources.
This bill would declare the intent of the Legislature to enact legislation promoting the preservation of Native American sites and requiring developers to consult with appropriate entities to determine possible impacts on Native American sacred sites prior to project initiation.
end deleteThe California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the lead agency to provide a responsible agency with specified notice and opportunities to comment on a proposed project. CEQA requires the Office of Planning and Research, referred to as OPR, to prepare and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA that include, among other things, criteria for public agencies to following in determining whether or not a proposed project may have a significant effect on the environment.
end insertbegin insertThe bill would require OPR to revise the criteria for determining whether a proposed project has a significant effect on the environment to include effects on Native American cultural resources, sacred sites, or tribal reservation or rancheria community. By requiring the lead agency to consider these effects relative to Native Americans, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 21083 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert
(a) The Office of Planning and Research shall prepare
4and develop proposed guidelines for the implementation of this
5division by public agencies. The guidelines shall include objectives
6and criteria for the orderly evaluation of projects and the
7preparation of environmental impact reports and negative
8declarations in a manner consistent with this division.
9(b) The guidelines shall specifically include criteria for public
10agencies to follow in determining whether or not a proposed project
11may have a “significant effect on the environment.” The criteria
12shall require a finding that a project may have a “significant effect
13on the environment” if one or more of the following conditions
14exist:
P3 1(1) A proposed project has the potential to degrade the quality
2of the environment, curtail the range of the environment, or to
3achieve short-term, to the disadvantage of long-term, environmental
4goals.
5(2) The possible effects of a project are individually limited but
6cumulatively considerable. As used in this paragraph,
7“cumulatively considerable” means that the incremental effects of
8an individual project are considerable when viewed in connection
9with the effects of past projects, the effects of other current projects,
10and the effects of probable future projects.
11(3) The environmental effects of a project will cause substantial
12adverse effects on human beings, either directly or indirectly.
13(4) A proposed project may have a significant effect on a Native
14American cultural resource or sacred place, or a tribal reservation
15or rancheria community.
16(c) The guidelines shall include procedures for determining the
17lead agency pursuant to Section 21165.
18(d) The guidelines shall include criteria for public agencies to
19use in determining when a proposed project is of sufficient
20statewide, regional, or areawide environmental significance that
21a draft environmental impact report, a proposed negative
22declaration, or a proposed mitigated negative declaration shall be
23submitted to appropriate state agencies, through the State
24Clearinghouse, for review and comment prior to completion of the
25environmental impact report, negative declaration, or mitigated
26negative declaration.
27(e) The Office of Planning and Research shall develop and
28prepare the proposed guidelines as soon as possible and shall
29transmit them immediately to the Secretary of thebegin insert Naturalend insert
30 Resources Agency. The Secretary of thebegin insert Naturalend insert Resources Agency
31shall certify and adopt the guidelines pursuant to Chapter 3.5
32(commencing with Section 11340) of Part 1 of Division 3 of Title
332 of the Government Code, which shall become effective upon the
34filingbegin delete thereofend deletebegin insert of the adopted guidelinesend insert. However, the guidelines
35shall not be adopted without compliance with Sections
11346.4,
3611346.5, and 11346.8 of the Government Code.
37(f) The Office of Planning and Research shall, at least once
38every two years, review the guidelines adopted pursuant to this
39section and shall recommend proposed changes or amendments
40to the Secretary of thebegin insert Naturalend insert Resources Agency. The Secretary
P4 1of thebegin insert Naturalend insert Resources Agency shall certify and adopt guidelines,
2and any amendmentsbegin delete theretoend deletebegin insert to the guidelinesend insert, at least once every
3two years, pursuant to Chapter 3.5 (commencing with Section
411340) of Part 1 of Division 3 of Title 2 of the
Government Code,
5which shall become effective upon the filingbegin delete thereofend deletebegin insert
of the adopted
6guidelines and any amendments to the guidelinesend insert. However,
7guidelines may not be adopted or amended without compliance
8with Sections 11346.4, 11346.5, and 11346.8 of the Government
9Code.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12a local agency or school district has the authority to levy service
13charges, fees, or assessments sufficient to pay for the program or
14level of service mandated by this act, within the meaning of Section
1517556 of the Government Code.
It is the intent of the Legislature to enact
17legislation that would promote the preservation of Native American
18sites and to require developers to consult with appropriate entities
19to determine possible impacts on Native American sacred sites
20prior to project initiation.
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