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5.8:PALEONTOLOGICAL RESOURCES current body of knowledge,there is a high probability that it meets any of the following criteria: • Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information • Has a special and particular quality such as being the oldest of its type or the best available example of its type. • Is directly associated with a scientifically recognized import prehistoric or historic event." With only slight modification,this definition is equally applicable to recognizing "a unique paleontological resource or site." Additional guidance is provided in CEQA Section 15064.5 (a)(3)(D),which indicates"generally, a resource shall be considered historically significant if it has yielded,or may be likely to yield,information important in prehistory or history." Section XVII,part a,of the CEQA Environmental Checklist asks a second question equally applicable to paleontological resources: "Does the project have the potential to . . . eliminate important examples of the major periods of California history or pre-history?" To be in compliance with CEQA,impact assessments must answer both these questions in the Environmental Checklist. If the answer to either question is"yes" or"possibly", a mitigation and monitoring plan must be designed and implemented to protect significant paleontological resources. The answer to these questions is"possibly" if not"yes", and therefore CEQA does apply to this project (Table 5.8-2). The CEQA lead agency having jurisdiction over a project is responsible to ensure that paleontological resources are protected in compliance with CEQA and other applicable statutes. The lead agency with the responsibility to ensure that fossils are protected during construction of the proposed LEC is the CEC. California Public Resources Code Section 21081.6,entitled Mitigation Monitoring Compliance and Reporting,requires that the CEQA lead agency demonstrate project compliance with mitigation measures developed during the environmental impact review process. Other state requirements for paleontological resource management are in California Public Resources Code Chapter 1.7,Section 5097.5/5097.9 (Stats. 1965,c. 1136,p.2792),entitled Archaeological,Paleontological,and Historical Sites. This statute defines any unauthorized disturbance or removal of a fossil site or remains on public land as a misdemeanor and specifies that state agencies may undertake surveys,excavations,or other operations as necessary on state lands to preserve or record paleontological resources. Public Resources Code,Sections 5097.5/5097.9 does not apply to LEC because construction or other related project impacts will not occur on state owned or managed lands and no state agency is intended to obtain ownership of project lands during the term of the project license (Table 5.8-2). 5.8.6.3 Local LORS Title 9 of the Development Title of San Joaquin County (n.d.) places emphasis on the preservation of historic and cultural resources, including heritage resources,but does not address paleontological resources per se. SAC13713221082340008(LEC_5.8_PALEORES.DOC) 5.8-11