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tribal representative of, traditionally and culturally affiliated California Native American tribes that have <br /> requested notice, to be accomplished by at least one written notice that includes: <br /> a. A brief description of the project. <br /> b. The lead agency contact information. <br /> c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. <br /> Resources Code§2.1080.3.1 (d)), <br /> d. A"California Native American tribe" is defined as a Native American tribe located in California that is on <br /> the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). <br /> (Pub. Resources Code§ 21073). <br /> 2. Begin Consultation Within 30 Das of Receiving a Tribe's Request for Consultation and Before Releasinq a <br /> Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall <br /> begin the consultation process within 30 days of receiving a request for consultation from a California Native <br /> American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. <br /> (Pub. Resources Code §21080.3.1, subds. (d) and (e))and prior to the release of a negative declaration, <br /> mitigated negative declaration or environmental impact report. (Pub. Resources Code §21080.3.1(b)). <br /> a. For purposes of AB 52, "consultation shall have the same meaning as provided in Gov. Code § <br /> 65352.4 (SB 18). (Pub. Resources Code§21080.3.1 (b)). <br /> 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe <br /> requests to discuss them, are mandatory topics of consultation. <br /> a. Alternatives to the project. <br /> b. Recommended mitigation measures. <br /> c. Significant effects. (Pub. Resources Code § 21080.3.2 (a)). <br /> 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: <br /> a. Type of environmental review necessary. <br /> b. Significance of the tribal cultural resources. <br /> c. Significance of the project's impacts on tribal cultural resources. <br /> d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe <br /> may recommend to the lead agency. (Pub. Resources Code§21080.3.2 (a)). <br /> 5. Confidentiali of Information Submitted by a Tribe During the Environmental Review Process: With some <br /> exceptions, any information, including but not limited to, the location, description, and use of tribal cultural <br /> resources submitted by a California Native American tribe during the environmental review process shall not be <br /> included in the environmental document or otherwise disclosed by the lead agency or any other public agency <br /> to the public, consistent with Government Code sections 6254 (r) and 6254.10. Any information submitted by a <br /> California Native American tribe during the consultation or environmental review process shall be published in a <br /> confidential appendix to the environmental document unless the tribe that provided the information consents, in <br /> writing,to the disclosure of some or all of the information to the public. (Pub. Resources Code§ 21082.3 <br /> (c)(1)). <br /> 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a <br /> significant impact on a tribal cultural resource, the lead agency's environmental document shall discuss both of <br /> the following: <br /> a. Whether the proposed project has a significant impact on an identified tribal cultural resource. <br /> b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to <br /> pursuant to Public Resources Code section 21082.3, subdivision (a), avoid or substantially lessen the <br /> impact on the identified tribal cultural resource. (Pub. Resources Code§ 21082.3 (b)). <br /> 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the <br /> following occurs: <br /> a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a <br /> tribal cultural resource; or <br /> b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be <br /> reached. (Pub. Resources Code§ 21080.3.2 (b)). <br /> 2 <br />