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' 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code section 21080.3.2 shall 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 pursuant to Public Resources Code section 21082.3, subdivision(b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code§ 21082.3(a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource,the ' lead agency shall consider feasible mitigation pursuant to Public Resources Code section 21084.3 (b). (Pub. Resources Code§21082.3(e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant ' Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity,taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: ' L Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. W. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property,with culturally appropriate ' management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code§21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a ' California prehistoric, archaeological,cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code§ 815.3(c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code§ 5097.991). 11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An environmental impact report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to Public Resources Code section 21080.3.2. ' b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code section 21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code§21082.3(d)). The NAHC's PowerPoint presentation titled, "Tribal Consultation Under AB 52: Requirements and Best Practices" ' may be found online at: http://nahc.ca,gov/wp-contenlluploals/2015/10/AB52TrilalConsultation_CalEPAPDF.pdf SB 18 ' SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov.Code§ 65352.3). Local governments should consult the Governor's Office of Planning and Research's"Tribal Consultation Guidelines,"which can be found online at: ' https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf 3