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STATE OF CALIFORNIA Edmund G Brow n Ir Gnyarnnr NATIVE AMERICAN HERITAGE COMMISSION " Environmental and Cultural Department �_, : 1650 Harbor Blvd.,Suite 100 ;�� West Sacramento,CA 95691 1 �. , Phone(916)373-3710 -ry�,�'� Email: nahc@nahc.ca.gov Website: http://www.nahc.ca.gov Twitter: (-,ACA NAHC May 29, 2018 John Funderburg San Joaquin County Community Development Project 1810 E. Hazelton Avenue Stockton, CA 95205 .RE: SCH#2008052024, Forward Landfill Expansion/Supplemental EIR, San Joaquin County ' Dear Mr. Funderburg: The Native American Heritage Commission has received the Notice of Preparation(NOP)for the project ' referenced above. The California Environmental Quality Act(CEQA) (Pub. Resources Code§21000 et seq.), specifically Public Resources Code section 21084.1, states that a project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. (Pub. Resources Code§21084.1; Cal. Code Regs., tit.14,§ 15064.5 (b)(CEQA Guidelines Section ' 15064.5(b)). 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, an environmental impact report(EIR)shall be prepared. (Pub. Resources Code§21080 (d); Cal. Code Regs., tit. 14, § 15064 subd.(a)(1)(CEQA Guidelines§ 15064(a)(1)). In ' order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources with the area of project effect (APE). ' CEQA was amended significantly in 2014. Assembly Bill 52(Gatto, Chapter 532, Statutes of 2014)(AB 52)amended CEQA to create a separate category of cultural resources, "tribal cultural resources' (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. ' Resources Code§21084.2). Public agencies shall,when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code§21084.3 (a)). AB 52 applies to any project for which a notice of preparation or a notice of negative declaration or mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation ' or proposed designation of open space, on or after March 1,2005, it may-also be subject to Senate Bill 18(Burton, Chapter 905, Statutes of 2004)(SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act(42 U.S.C. §4321 et seq.)(NEPA),the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966(154 U.S.C. 300101, 36 C.F.R. §800 et seq.)may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary ofop rtions of AB 52 and SB 18 as well as the NAHC's recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. AB 52 ' AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen(14)days of determining that an application for a project is complete or of a decision.by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or 1