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5.8:PALEONTOLOGICAL RESOURCES <br /> TABLE 5.8-2 <br /> Laws,Ordinances, Regulations,and Standards for Paleontological Resources <br /> Project <br /> LORS Applicability AFC Reference Conformity <br /> Antiquities Act of 1906 Not applicable–No federal land involved, or <br /> federal entitlement required <br /> National Environmental Not applicable–No federal land involved, or — — <br /> Policy Act of 1969 federal entitlement required <br /> CEQA,Appendix G Applicable–Fossil remains may be Sections 5.8.3, Yes <br /> encountered by earth-moving activities 5.8.4, and 5.8.6 <br /> Public Resources Code, Not applicable–Applies to state-owned land <br /> Sections 5097.5/5097.9 <br /> AFC=Application for Certification <br /> 5.8.6.1 Federal LORS <br /> Federal protection for significant paleontological resources would apply to LEC only if any <br /> construction or other related project impacts occur on federally owned or managed lands, or <br /> if a federal entitlement or other permit were required. Federal legislative protection for <br /> paleontological resources stems from the Antiquities Act of 1906 (PL 59-209; 16 United <br /> States Code 431 et seq.;34 Stat. 225),which calls for protection of historic landmarks, <br /> historic and prehistoric structures, and other objects of historic or scientific interest on <br /> federal lands. In addition,the National Environmental Policy Act of 1969 (United States <br /> Code, section 4321 et seq.;40 Code of Federal Regulations, section 1502.25), as amended, <br /> requires analysis of potential environmental impacts to important historic,cultural, and <br /> natural aspects of our national heritage. Because no federally owned or managed lands will <br /> be affected by this project, and no federal entitlement or other permit is required,these <br /> statutes to not extend to paleontological resources (see Table 5.8-2). <br /> 5.8.6.2 State LORS <br /> The CEC environmental review process under the Warren-Alquist Act is considered <br /> functionally equivalent to that of the California Environmental Quality Act (CEQA;Public <br /> Resources Code Sections 21000 et seq.). CEQA requires that public agencies and private <br /> interests identify the environmental consequences of their proposed projects on any object or <br /> site of significance to the scientific annals of California (Division 1, California Public <br /> Resources Code: 5020.1 [b]). Guidelines for the Implementation of CEQA (Public Resources Code <br /> Sections 15000 et seq.) defines procedures, types of activities,persons, and public agencies <br /> required to comply with CEQA. Appendix G in Section 15023 provides an Environmental <br /> Checklist of questions that a lead agency should normally address if relevant to a project's <br /> environmental impacts. One of the questions to be answered in the Environmental Checklist <br /> (Section 15023,Appendix G,Section V,part c) is the following: "Would the project directly or <br /> indirectly destroy a unique paleontological resource or site...?" <br /> Although CEQA does not define what is"a unique paleontological resource or site," <br /> Section 21083.2 defines"unique archaeological resources" as"...any archaeological artifact, <br /> object, or site about which it can be clearly demonstrated that,without merely adding to the <br /> 5.8-10 SAC/371322/082340008(LEC_5.8_PALEORES.DOC) <br />