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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)). 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§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 §21082.3, subdivision (b), paragraph 2,and shall be fully enforceable. (Pub. Resources Code§21082.3 (a)). 9. Reauired 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§21084.3 (b). (Pub. Resources Code§21082.3 (e)). 10. Examoles 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: L 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. H. Protecting the traditional use of the resource. iii. 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 non-federally 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. Prereguisites for Certifying an Environmental Impact Report or Adootina a Mitigated Negative Declaration or Negative Declaration with a Sianificant 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§21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code §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§21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). Page 3 of 5