BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 52
          Author:   Gatto (D), et al.
          Amended:  8/22/14 in Senate
          Vote:     21


           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 6/25/14
          AYES:  Hill, Gaines, Hancock, Jackson, Leno, Pavley
          NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines

           ASSEMBLY FLOOR  :  58-0, 6/27/13 - See last page for vote


           SUBJECT  :    Native Americans:  California Environmental Quality  
          Act

           SOURCE  :     Author


           DIGEST  :    This bill establishes procedures and requirements  
          under the California Environmental Quality Act (CEQA) for the  
          purpose of avoiding or minimizing impacts to tribal cultural  
          resources.

           Senate Floor Amendments  of 8/22/14 address many issues related  
          to the CEQA tribal consultation process proposed in this bill.

           ANALYSIS  :    

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          Existing law:

          1.Under CEQA:

             A.   Requires lead agencies with the principal responsibility  
               for carrying out or approving a proposed discretionary  
               project to prepare a negative declaration, mitigated  
               negative declaration, or environmental impact report (EIR)  
               for this action, unless the project is exempt from CEQA  
               (CEQA includes various statutory exemptions, as well as  
               categorical exemptions in the CEQA Guidelines).  If there  
               is substantial evidence, in light of the whole record  
               before a lead agency, that a project may have a significant  
               effect on the environment, the lead agency must prepare a  
               draft EIR.

             B.   Prior to or during preparation of an EIR, authorizes the  
               lead agency to consult with any person, organization, or  
               government agency it believes will be concerned with the  
               environmental effects of a project.

             C.   Establishes the Native American Heritage Commission  
               (NAHC) and vests the commission with specified powers and  
               duties.  Requires the lead agency to work with the most  
               likely descendant as designated by the NAHC when an initial  
               study identifies the existence of, or probable likelihood  
               of, Native American human remains within the project site.

             D.   Defines "significant effect on the environment" as a  
               substantial, or potentially substantial, adverse change in  
               the environment.

             E.   Defines "environment" as the physical conditions which  
               exist within the area which will be affected by a proposed  
               project including land, air, water, minerals, flora, fauna,  
               ambient noise, and objects of historic and aesthetic  
               significance.  The area involved shall be the area in which  
               significant effects would occur either directly or  
               indirectly as a result of the project.  The 'environment'  
               includes both natural and man-made conditions.

             F.   Provides that any information about the specific  
               location of archaeological sites and sacred lands must not  
               be included in the environmental review document circulated  

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               for public review.

             G.   Directs the lead agency on a project to determine  
               whether the project may have a significant effect on  
               archaeological resources.  If the lead agency determines  
               that a project may have a significant effect on unique  
               archaeological resources, then requires the EIR to address  
               those issues. The lead agency need not address an issue of  
               non-unique archaeological resources.

             H.   Provides that an archaeological resource is "unique" if  
               it:

               (1)    Is associated with an event or person of recognized  
                 significance in California or American history or  
                 recognized scientific importance in prehistory;

               (2)    Can provide information of demonstrable public  
                 interest and is useful in addressing scientifically  
                 consequential and reasonable research questions; 

               (3)    Has a special or particular quality such as oldest,  
                 best example, largest, or last surviving example of its  
                 kind.

             A.   Provides that a project, which may have a significant  
               adverse change in the significance of a historical  
               resource, is a project that may have a significant effect  
               on the environment.  Provides requirements for what is  
               considered a historical resource for purposes of an  
               environmental review.

          1.Prohibits public agencies from interfering with Native  
            American religious practices, sites, or shrines unless there  
            is a clear and convincing showing that public interest and  
            necessity require such interference and specifies that it is  
            not intended to limit CEQA requirements.

          2.Establishes NAHC, made up of nine members appointed by the  
            Governor, five of whom must be elders, traditional people, or  
            spiritual leaders of California Native American tribes.   
            Requires NAHC to identify and catalog places of special  
            religious or social significance to Native Americans, and  
            known graves and cemeteries of Native Americans on private  

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            lands, and to perform other duties regarding the preservation  
            and accessibility of sacred sites and burials and the  
            disposition of Native American human remains and burial items.

          3.Requires NAHC to investigate the effect of proposed actions by  
            a public agency if such action may cause severe or irreparable  
            damage to a Native American sacred site located on public  
            property or may bar appropriate access to the sacred site by  
            Native Americans.  Authorizes NAHC to recommend mitigation  
            measures for consideration by the agency if NAHC finds, after  
            a public hearing, that the proposed action would result in  
            damage or interference.  Allows NAHC to ask the Attorney  
            General to take action if the agency fails to accept the  
            mitigation measures.

          4.Includes a California Native American tribe, which is on the  
            contact list maintained by NAHC, in the definition of "person"  
            to whom notice of public hearings must be sent by local  
            governments for provisions under the Planning and Zoning Law,  
            Title 7 of the Government Code.

          5.Requires local governments to conduct meaningful consultation  
            with California Native American tribes on the contact list  
            maintained by the NAHC prior to the adoption or amendment of a  
            city or county general plan for the purpose of protecting  
            cultural places on lands affected by the proposal.

          6.For purposes of preparation, adoption, and amendment of a  
            General Plan, defines "consultation" as the meaningful and  
            timely process of seeking, discussing, and considering  
            carefully the views of others, in a manner that is cognizant  
            of all parties' cultural values and, where feasible, seeking  
            agreement.  Requires consultation between government agencies  
            and Native American tribes to be conducted in a way that is  
            mutually respectful of each party's sovereignty.  Requires  
            consultation to recognize the tribes' potential needs for  
            confidentiality with respect to places that have traditional  
            tribal cultural significance.

          7.Requires local governments to conduct meaningful consultation  
            with California Native American tribes on the contact list  
            maintained by NAHC for the purpose of protecting cultural  
            places located within open space.  Includes protection of  
            Native American cultural places as an acceptable designation  

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            of open space.

          8.Exempts from disclosure - records of Native American graves,  
            cemeteries, and sacred places, and records of Native American  
            places, features, and objects as specified that are maintained  
            by NAHC.

          9.Enacts the Native American Historic Resource Protection Act,  
            which establishes as a misdemeanor, punishable by up to a  
            $10,000 fine and/or imprisonment, the unlawful and malicious  
            excavation, removal, or destruction of Native American  
            archeological or historic sites on public or private lands.   
            Exempts certain legal acts by landowners.

          This bill:

          1.Makes several findings and declarations.

          2.Defines "California Native American tribe" as a Native  
            American tribe location in California that is on the contact  
            list maintained by the NAHC.

          3.Defines "Tribal Cultural Resources (TCRs)" to mean either of  
            the following:

             A.   Sites, features, places, cultural landscapes, sacred  
               places, and objects with cultural value to a California  
               Native American tribe that are either of the following:

               (1)    Included or determined to be eligible for inclusion  
                 in the California Register of Historical Resources.

               (2)    Included in a local register of historical  
                 resources, as defined.

             A.   A resource determined by the lead agency, in its  
               discretion and supported by substantial evidence, to be  
               significant, as specified.  The lead agency shall consider  
               the significance of the resource to a California Native  
               American tribe.

          1.Provides that a historical resource as described, a unique  
            archaeological resource, as defined, or a "non-unique  
            archaeological resource," as defined may also be a TCR if it  

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            conforms with the criteria.

          2.Provides that California Native American tribes, which are  
            traditionally and culturally affiliated with a geographic  
            area, may have expertise concerning TCRs.

          3.Authorizes California Native American tribes to assist the  
            lead agency in identifying, interpreting, and determining  
            significance of TCRs and whether an impact of a proposed  
            project to a TCR is significant.

          4.Requires the NAHC to provide each California Native American  
            tribe, as defined, on or before July 1, 2016, with a list of  
            all public agencies that may be a lead agency within the  
            geographic area in which the tribe is traditionally and  
            culturally affiliated, the contact information of those  
            agencies, and information on how the tribe may request those  
            public agencies to notify the tribe of projects within the  
            jurisdiction of those public agencies for the purposes of  
            requesting consultation.

          5.Creates the first of two consultation processes, which  
            requires the lead agency to begin consultation with a  
            California Native American tribe if:  (a) the tribe requests  
            the lead agency to be informed through formal notification of  
            proposed projects in the geographic area that is traditionally  
            and culturally affiliated with the tribe and (b) the tribe  
            responds within 30 days of receipt of the formal notification  
            and requests consultation.

             A.   Requires NAHC to assist the lead agency in identifying  
               the California Native American tribes that are  
               traditionally and culturally affiliated with the project  
               area.  Within 14 days of determining that an application  
               for a project is complete or a decision by a public agency  
               to undertake a project.

             B.   Requires the lead agency to provide formal notification  
               to the designated contact of, or a tribal representative  
               of, traditionally and culturally affiliated California  
               Native American tribes that have requested notice, 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  

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               information, and a notification that the tribe has 30 days  
               to request consultation.

             C.   Requires the lead agency to begin the consultation  
               process within 30 days of receiving a California Native  
               American tribe's request for consultation.

          1.Creates a second consultation process authorizing the parties  
            to propose mitigation measures capable of avoiding or  
            substantially lessening potential significant impacts to a TCR  
            or alternatives that would avoid significant impacts to a TCR.

             A.   If the California Native American tribe requests  
               consultation regarding alternatives to the project,  
               recommended mitigation measures, or significant effects,  
               requires the second consultation to include those topics.

             B.   Authorizes this consultation to include discussion  
               concerning the type of environmental review necessary, the  
               significance of project impacts on TCRs, and, if necessary,  
               project alternatives or the appropriate measures for  
               preservation or mitigation that the tribe may recommend to  
               the lead agency.

             C.   Provides that the consultation has concluded when either  
               of the following occurs:

               (1)    The parties agree to measures to mitigate or avoid a  
                 significant effect, if 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.

             A.   Provides that this consultation: 

               (1)    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 TCRs, the  
                 significance of the project's impact on the TCRs, or  
                 appropriate measures to mitigate the impact.

               (2)    Does not limit the ability of the lead agency or  

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                 project proponent to incorporate changes and additions to  
                 the project as a result of consultation, even if not  
                 legally required.

          1.Requires any mitigation measures agreed upon in the second  
            consultation to be recommended for inclusion in the  
            environmental document and in an adopted mitigation monitoring  
            and reporting program, if determined to avoid or lessen the  
            impact and shall be fully enforceable.

          2.If a project may have a significant impact on a TCR, requires  
            the lead agency's environmental document to discuss both of  
            the following:

             A.   Whether the proposed project has a significant impact on  
               a TCR.

             B.   Whether feasible alternatives or mitigation measures,  
               including those measures that may be agreed to, avoid or  
               substantially lessen the impact to the identified TCR.

          1.Prohibits information submitted by a tribe during the  
            consultation or environmental review process from being  
            included in the environmental document or otherwise disclosed  
            by the lead agency or other public agency to the public  
            without prior consent of the tribe.  If the lead agency does  
            publish such information, requires that it shall be in a  
            confidential appendix to the environmental document unless the  
            tribe consents to disclosure.  The information may be  
            described in general terms in the environmental document.

          2.Authorizes, in addition to other provisions, the lead agency  
            to certify an EIR or adopt a mitigated negative declaration,  
            by July 1, 2015, for a project with a significant impact on an  
            identified TCR only if one of the following occurs:

             A.   The consultation process between the California Native  
               American tribe and the lead agency has occurred, as  
               provided, and concluded.

             B.   The California Native American tribe has requested  
               consultation and has failed to provide comments to the lead  
               agency, or otherwise failed to engage, in the consultation  
               process.

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             C.   The lead agency has successfully identified the  
               California Native American tribes that are traditionally  
               and culturally affiliated with the project area, and the  
               California Native American tribe has failed to request  
               consultation within 30 days.

          1.Requires the lead agency to consider a specified list of  
            mitigation measures if the mitigation measures recommended by  
            the staff of the lead agency as a result of the consultation  
            are not included in the environmental document or if there are  
            no agreed upon mitigation measures at the conclusion of the  
            consultation, and if substantial evidence demonstrates that a  
            project will cause a significant effect to a TCR.

          2.Provides that a project with an effect that may cause a  
            substantial adverse change in the significance of a TCR is a  
            project that may have a significant effect on the environment.

          3.Requires public agencies, when feasible, avoid damaging  
            effects to a TCR.  

          4.If the lead agency determines that a project may cause a  
            substantial adverse change to a TCR, and measures are not  
            identified in the second consultation process, provides a list  
            of examples of mitigation measures that may be considered to  
            avoid or minimize significant adverse impacts, as specified.   
            Provides that this is not intended to replace the existing  
            mitigation preference for historical and archaeological  
            resources for tribal cultural resources that are also  
            historical and archaeological resources.

          5.Provides that this act does not prohibit any California Native  
            American tribe or individual from participating in CEQA on any  
            issue of concern as an interested California Native American  
            tribe person, citizen, or member of the public.

          6.Provides that this act does not apply only to a project that  
            has a notice of preparation or a notice of negative  
            declaration or mitigated negative declaration filed on or  
            after July 1, 2015.

          7.On or before July 1, 2016, requires the Office of Planning and  
            Research to prepare and develop revisions to the Guidelines  

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            Appendix G to:

             A.   Separate the consideration of paleontological resources  
               from tribal cultural resources and update the relevant  
               sample questions.

             B.   Add consideration of TCRs with relevant sample  
               questions.

           Background
           
           CEQA .  Historical and Archeological Resources.  The  
          environmental review must identify and evaluate the potential  
          for a project to adversely affect paleontological, historical,  
          and archaeological resources.  The resources of concern include,  
          but are not limited to, fossils, prehistoric and historic  
          artifacts, burials, sites of religious or cultural significance  
          to Native American groups, and historic structures.  CEQA  
          provides special rules for determining whether impacts on  
          historical and archaeological resources are potentially  
          significant.  The Guidelines specify that a substantial adverse  
          change in the significance of an historical resource is a  
          significant effect requiring preparation of an EIR.

          In determining if there is a significant impact to a historic  
          resource there is a two-part test:  (1) is the resource  
          "historically significant;" and (2) would the project cause a  
          substantial adverse change in the significance of the resource?

          The rules relating to historic resources are defined broadly to  
          include archeological resources.  If an archaeological site  
          meets the definition of historical resource, then it may be  
          treated like any other historical resource.  If the  
          archaeological site does not fall within the definition of  
          historical resource, but does meet the definition of a "unique  
          archaeological resource," then the site may be treated in  
          accordance with the specific provisions for such resources.   
          However, if an archaeological site is neither a "unique"  
          archaeological resource nor a historical resource, any effect to  
          it shall not be considered significant.

           Early Consultation and Scoping  .   Prior to or during preparation  
          of an EIR, the lead agency may consult with any person,  
          organization, or government agency it believes will be concerned  

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          with the environmental effects of a project.  According to the  
          CEQA Guidelines, early consultation "solves many potential  
          problems that would arise in more serious forms later in the  
          review process."  The Guidelines also provide that scoping "has  
          been helpful to agencies in identifying the range of actions,  
          alternatives, mitigation measures, and significant effects to be  
          analyzed in depth in an EIR and in eliminating from detailed  
          study issues found not to be important."  The Guidelines further  
                                                                                 note that scoping "has been found to be an effective way to  
          bring together and resolve the concerns of affected federal,  
          state, and local agencies, the proponent of the action, and  
          other interested persons including those who might not be in  
          accord with the action on environmental grounds."

           Traditionally and Culturally Affiliated  .  This bill requires  
          consultation with Native American tribes that are traditionally  
          and culturally affiliated with the geographic area of a proposed  
          project.  According to the U.S. Department of Interior, National  
          Park Service:

               "Traditional" refers to those beliefs, customs, and  
               practices of a living community of people that have been  
               passed down through the generations, usually orally or  
               through practice.  The traditional cultural significance of  
               a historic property, then, is significance derived from the  
               role the property plays in a community's historically  
               rooted beliefs, customs, and practices.

               Culture is a system of behaviors, values, ideologies, and  
               social arrangements.  These features, in addition to tools  
               and expressive elements such as graphic arts, help humans  
               interpret their universe as well as deal with features of  
               their environments, natural and social.  Culture is  
               learned, transmitted in a social context, and modifiable.

               Traditional cultural values are often central to the way a  
               community or group defines itself, and maintaining such  
               values is often vital to maintaining the group's sense of  
               identity and self-respect.  Properties to which traditional  
               cultural value is ascribed often take on this kind of vital  
               significance, so that any damage to or infringement upon  
               them is perceived to be deeply offensive to, and even  
               destructive of, the group that values them.  As a result,  
               it is extremely important that traditional cultural  

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               properties be considered carefully in planning.

               Traditional cultural properties are often hard to  
               recognize.  A traditional ceremonial location may look like  
               merely a mountaintop, a lake, or a stretch of river; a  
               culturally important neighborhood may look like any other  
               aggregation of houses, and an area where culturally  
               important economic or artistic activities have been carried  
               out may look like any other building, field of grass, or  
               piece of forest in the area.  As a result, such places may  
               not necessarily come to light through the conduct of  
               archeological, historical, or architectural surveys.  The  
               existence and significance of such locations often can be  
               ascertained only through interviews with knowledgeable  
               users of the area, or through other forms of ethnographic  
               research.  The subtlety with which the significance of such  
               locations may be expressed makes it easy to ignore them; on  
               the other hand it makes it difficult to distinguish between  
               properties having real significance and those whose  
               putative significance is spurious. (National Park Service,  
               National Register Bulletin 38, Guidelines for Evaluating  
               and Documenting Traditional Cultural Properties).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           One-time costs to the General Fund for the Office of Planning  
            and Research to revise its CEQA Guidelines.

           One-time costs of $3 to $5 million to the General Fund to the  
            NAHC to develop a database identifying traditional and  
            cultural areas and the lead agencies that overlap these areas.

           Ongoing costs of $600,000 to the General Fund to the NAHC to  
            assist lead agencies and maintain the required database.

           Unknown costs to the General Fund and various special funds  
            for increased CEQA costs for projects which the state is the  
            lead agency or the project proponent.

           SUPPORT  :   (Verified  8/27/14) 


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          Agua Caliente Band of Cahuilla Indians
          Augustine Band of Mission Indians
          Barbareno Chumash Tribe
          Barona Band of Mission Indians
          Bear River Band Rohnerville Rancheria
          Big Pine Paiute Tribe of the Owens Valley
          Big Sandy Rancheria
          Bishop Paiute Tribe
          Blue Lake Rancheria
          Bridgeport Paiute Indian Colony
          Buena Vista Rancheria of Me-Wuk Indians
          Cachil Dehe Band of Wintun Indians of the Colusa Indian  
          Community
          Cahuilla Band of Mission Indians
          California Catholic Conference
          California Indian Environmental Alliance
          California National Indian Gaming Association
          California Tribal Business Association
          Chemehuevi Indian Tribe
          Clean Water Action
          Cloverdale Rancheria of Pomo Indians of California
          Coastal Band of the Chumash Nation
          Colorado River Indian Reservation
          Concow Maidu Tribe
          Coyote Valley Band of Pomo Indians
          Dry Creek Rancheria Band of Pomo Indians
          Elk Valley Rancheria
          Enterprise Rancheria
          Environmental Justice Coalition for Water
          Fernandeño Tataviam Band of Mission Indians
          Greenville Rancheria
          Habematolel Pomo of Upper Lake
          Hoopa Valley Tribe
          Ione Band of Miwok Indians
          Juaneno Band of Mission Indians
          Karuk Tribe
          Koi Nation of Northern California
          La Jolla Indian Reservation
          Manchester Point Arena Band of Pomo Indians
          Mechoopda Indian Tribe of Chico Rancheria
          Middletown Rancheria of Pomo Indians of California
          Modoc Nation
          Mooretown Rancheria
          Morongo Band of Mission Indians

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          Nor Rel Muk Wintu Nation
          North Fork Rancheria
          Northern California Tribal Chairman's Association
          Ohlone/Costanoan-Esselen Nation
          Pala Band of Mission Indians
          Paskenta Band of Nomlaki Indians
          Pechanga Band of Luiseno Mission Indians
          Planning and Conservation League
          Redding Rancheria
          Resighini Rancheria
          Rincon Band of Luiseno Indians
          Robinson Rancheria
          Sacred Places Institute for Indigenous Peoples
          Sacred Sites Protection and Rights of Indigenous Tribes
          Salinan Nation Cultural Preservation Association
          San Luis Rey Band of Mission Indians
          San Manuel Band of Mission Indians
          San Pasqual Band of Mission Indians
          Santa Rosa Band of Mission Indians
          Santa Ynez Band of Chumash Indians
          Sherwood Valley Rancheria
          Sierra Club
          Smith River Rancheria
          Soboba Band of Luiseno Indians
          Southern California Watershed Alliance
          Sycuan Band of Kumeyaay Nation
          Table Mountain Rancheria
          Ti'at Society/Traditional Council of Pimu
          Torres Martinez Desert Cahuilla Indians
          Tribal Alliance of Sovereign Indian Nations 
          Trinidad Rancheria
          Tule River Indian Reservation
          Tuolumne Band of Me-Wuk
          United Auburn Indian Community of the Auburn Rancheria
          United Coalition to Protect Panhe
          Viejas Band of Kumeyaay Indians
          Wishtoyo Foundation
          Wiyot Tribe
          Yocha Dehe Wintun Nation
          Yurok Tribe

           OPPOSITION  :    (Verified  8/27/14) 

          Association of Environmental Professionals

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          California Construction Industry Materials Association
          California Council for the Environment and Economic Balance
          California Special Districts Association 
          Nevada County Board of Supervisors 
          Northern Chumash Tribe 
          Orange County Business Council 
          Pit River Tribe 
          Winnemem Wintu Tribe 
          Wuksachi Band of Western Mono Indians

           ARGUMENTS IN SUPPORT  :    Supporters state, "Lack of  
          consideration of tribal sacred places and cultural resources has  
          had a detrimental effect on many tribes in California.  This  
          bill recognizes that tribes have a right to consult on the  
          impacts of projects that take place outside their given trust  
          lands and reservation boundaries.  Moreover, due to the  
          termination era many California tribes are still landless.  We  
          are well aware of the lengthy, costly, arduous and often  
          politically charged fee-to-trust process; the land base restored  
          likely will never encompass their original indigenous boundaries  
          or measure up to the lands they once possessed.  Thus aboriginal  
          lands are frequently under private control and outside tribal  
          boundaries."

           ARGUMENTS IN OPPOSITION  :    California Chamber of Commerce  
          writes in opposition: 

          [?]

          The only guidance or constraints AB 52 and existing law place on  
          the NAHC's listing of Tribal Cultural Resources is that they  
          must be supported by "sufficient evidence demonstrating that the  
          sacred places are of special religious or social significance to  
          the Native American tribe." "Sufficient evidence" is not a  
          standard of review that exists in CEQA for any other resource  
          area and there is no case law to define what constitutes  
          "sufficient evidence."  Therefore, the practical result of AB 52  
          will be to create a plethora of post hoc litigation under CEQA  
          about whether there was "sufficient evidence" to list a Tribal  
          Cultural Resource in the first place.  This flies in the face of  
          what the author and the proponents have articulated as two of  
          the goals of this legislation:  to clarify what constitutes a  
          Tribal Cultural Resource and to alleviate existing litigation  
          and conflict over Tribal Cultural Resources.

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          Ultimately, the determination as to what constitutes a Tribal  
          Cultural Resource for CEQA purposes will be made by an eight  
          member Commission of Native Americans with no statutory or  
          regulatory guidance or requirement to make findings justifying  
          their decisions.

          As a fiscal matter, by requiring the NAHC to evaluate whether a  
          Tribe has provided "sufficient evidence" to support a listing  
          request, AB 52 places an expansive new burden on the NAHC and  
          its staff that may require a substantial augmentation of their  
          budget and resources.  AB 52 also requires the NAHC to provide  
          "each Native American tribe with a list of all public agencies  
          that may be a CEQA lead agency within the geographic area with  
          which the tribe is traditionally and culturally affiliated, the  
          contact information of those public agencies, and the  
          information on how the tribe may request the public agency to  
          notify the tribe of projects within the jurisdiction of those  
          public agencies for the purposes of requesting consultation."   
          This project will also impact an evaluation of the agency's  
          available resources.

          [?]

          Because AB 52 leaves the definition of what constitutes a Tribal  
          Cultural Resource so open ended, it will dramatically expand the  
          frequency that Tribal Cultural Resources become an issue for  
          public projects throughout the state.  The costs of the CEQA  
          evaluation and unavoidable litigation spawned by AB 52's  
          ambiguity will be borne by entities such as CalTrans, the  
          University of California, California State University, and the  
          Department of General Services, among others.

          In conclusion, AB 52, as currently drafted, will create a  
          disincentive to invest in land, whether it is to build  
          affordable housing, build public schools and universities, or  
          construct needed public infrastructure projects such as  
          renewable energy projects, or roads and highways.

           ASSEMBLY FLOOR  :  58-0, 6/27/13
          AYES:  Alejo, Allen, Ammiano, Atkins, Bloom, Blumenfield,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson,  
            Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez,  

                                                                CONTINUED





                                                                      AB 52
                                                                     Page  
          17

            Gonzalez, Gordon, Gorell, Gray, Hall, Roger Hernández, Holden,  
            Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin,  
            Muratsuchi, Nazarian, Nestande, Pan, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Waldron,  
            Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Achadjian, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Grove, Hagman, Harkey, Jones, Linder, Logue,  
            Maienschein, Mansoor, Melendez, Morrell, Olsen, Patterson,  
            Perea, Wagner, Wilk, Vacancy


          RM:e  8/27/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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