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1 tribal representative of,traditionally and culturally affiliated California Native American tribes that have ' requested notice,to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub, Resources Code§21080.3.1 (d)). d. A"California Native American tribe" is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004(SB 18). ' (Pub. Resources Code§ 21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe's Request for Consultation and Before Releasing a Negative Declaration Mitigated Negative Declaration or Environmental Impact Report: A lead agency shall ' begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code§21080.3.1, subds. (d)and(e))and prior to the release of a negative declaration, mitigated negative declaration or environmental impact report. (Pub. Resources Code §21080.3.1(b)). ' a. For purposes of AB 52, "consultation shall have the same meaning as provided in Gov. Code § 65352.4 (SB 18). (Pub. Resources Code§21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe ' requests to discuss them,are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code§21080.3.2 (a)). ' 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project's impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub, Resources Code§21080.3.2 (a)). ' 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be ' included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public,consistent with Government Code sections 6254 (r)and 6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in ' writing,to the disclosure of some or all of the information to the public. (Pub. Resources Code§21082.3 (c)(1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a ' significant impact on a tribal cultural resource, the lead agency's environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to ' pursuant to Public Resources Code section 21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code§ 21082.3(b)). 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the ' following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be ' reached. (Pub. Resources Code§21080.3.2 (b)). 2