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ERIC y STATE OF CALIFORNIA Gavin Newsom,Governor NATIVE AMERICAN HERITAGE COMMISSION RECEIVEDMarch 9,2020 �o ERE 2020 Mark Meissner City of Lathrop TIHROP 390 Towne Centre Drive V`:LOPMENT CHAIRPERSON Lathro CA 95330MENT Laura Miranda Lathrop, Re: 1993112027, River Islands at Lathrop Phase 2 Project/Update to the West Lathrop Specific VICE CHAIRPERSON Plan Project,San Joaquin County Reginald Pagaling Chumash Dear Mr.Meissner: SECRETARY The Native American Heritage Commission (NAHC) has received the Notice of Preparation Merri Lopez-Keifer (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project Luiseno referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.),specifically Public Resources Code§21084.1, states that a project that may PARLIAMENTARIAN cause a substantial adverse change in the significance of a historical resource, is a project that Russell Attebery may have a significant effect on the environment. (Pub. Resources Code§ 21084.1; Cal. Code Karuk Regs., tit.14, §15064.5 (b) (CEQA Guidelines§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 COMMISSIONER the environment,an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Marshall McKay Code§21080 (d); Cal. Code Regs., tit. 14,§ 5064 subd.(a)(1) (CEQA Guidelines §15064 (a)(1)). wintun 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 COMMISSIONER historical resources within the area of potential effect (APE). William Mungary Paiute/white Mountain CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532,Statutes of Apache 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 COMMISSIONER Joseph Myers that may cause a substantial adverse change in the significance of a tribal cultural resource is Pomo 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 COMMISSIONER resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice Julie Tumamait- of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on Stenslie or after July 1,2015. If your project involves the adoption of or amendment to a general plan or Chumash 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). COMMISSIONER Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the [vacant] 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 EXECUTIVE SECRETARY U.S.C.300101,36 C.F.R. §800 et seq.) may also apply. Christina Snider Pomo 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 NAHC HEADQUARTERS best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as 1550 Harbor Boulevard well as the NAHC's recommendations for conducting cultural resources assessments. Suite 100 West Sacramento, Consult our legal counsel about compliance with AB 52 and SB 18 as well as compliance with California 95691 y g P P (916)373-3710 any other applicable laws. nahc@nahc.ca.aov NAHC.co.gov Page 1 of 5