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<br /> <br />Soil Investigations for Data Collection in the Delta <br />Initial Study/Proposed Mitigated Negative Declaration 191 <br />the ethnographic literature, villages were located along the major rivers and creeks <br />within the Study Area, and the area around them were used for gathering, hunting, and <br />fishing (Kroeber 1925; Kroeber 1929; Wilson and Towne 1978; Johnson 1978; Levy <br />1978b; Wallace 1978). Some villages also had ritual centers such as dance halls, and <br />villages also were used for mourning and burial in some traditions (Kroeber 1925; <br />Kroeber 1929; Wilson and Towne 1978; Johnson 1978; Levy 1978b; Wallace 1978). <br />Artificial fill-and-cut structures such as levees commonly were built through and of <br />materials from cultural sites because archaeological material was frequently ignored <br />before federal regulations were developed to protect these resources (Rosenthal et al. <br />2007; Meyer and Rosenthal 2007). Therefore, the Study Area is generally highly <br />sensitive for potential tribal cultural resources in the same way it is highly sensitive for <br />cultural resources (refer to Section 3.5 Cultural Resources). <br />Tribal cultural resources can also refer to places or cultural landscapes. Mt. Diablo is an <br />excellent example of a place and landscape of significance to multiple tribes within the <br />Study Area. Multiple accounts refer to Mt. Diablo as the location where, among other <br />things, figures from creation narratives were from, a spiritually significant location <br />related to spirits and the land of the dead, and a place where dogs came from (Ortiz <br />1989). Multiple accounts refer to the mountain as a “powerful” or “sacred” location <br />(Ortiz 1989). Given this, the mountain itself is a “sacred place” and tribal cultural <br />resource. Viewsheds of the mountain can sometimes also be considered tribal cultural <br />resources as Mt. Diablo is a prominent figure on the landscape. <br />3.18.1.1 Regulatory Setting <br />Tribal cultural resources include any site, feature, place, sacred place, object, or cultural <br />landscape with cultural value to a California Native American Tribe. These must be <br />listed or eligible for listing in the California Register of Historical Resources (CRHR) or <br />in a local register of historical resources, or else be determined by the CEQA lead <br />agency as a significant resource pursuant to state laws and regulations. Key state laws <br />and regulations provide for the definition, protection, and management of tribal cultural <br />resources. Those that are relevant to this Proposed Project include: <br />• California Assembly Bill No. 52 (AB-52) <br />• California Environmental Quality Act, Public Resources Code, sections 21073, <br />21074, 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3; CEQA Guidelines, <br />section 15064.5 <br />• Public Resources Code sections 5020.1, 5024.1, 5097.94, and 5097.98 <br />• Health and Safety Code section 7050.5(b) and 7050.5(c) <br />• California Native American Graves Protection and Repatriation Act (Health and <br />Safety Code Division 7, Part 2, Chapter 5; sections 8010-8030) <br />