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Administrative Draft Environmental Impact Report Gill Medical Center Project No human remains have been identified in the Project area. However, implementation of the Proposed Project would include ground-disturbing construction activities that could result in the inadvertent disturbance of currently undiscovered human remains, and if so, this would result in a significant impact. Procedures of conduct following the discovery of human remains on non-federal lands are mandated by Health and Safety Code § 7050.5, by PRC § 5097.98, and by CEQA in California Code of Regulations (CCR) § 15O64.5(e). According to these provisions, should human remains be encountered, all work in the immediate vicinity of the remains must cease, and any necessary steps to ensure the integrity of the immediate area must be taken.The remains are required to be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made.The San Joaquin County Coroner would be immediately notified, and the coroner would then determine whether the remains are Native American. If the coroner determines the remains are Native American, the coroner has 24 hours to notify the NAHC, which will in turn notify the person identified as the most likely descendant (MLD) of any human remains. Further actions would be determined, in part, by the desires of the MLD, who has 48 hours to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. With implementation of Mitigation Measure 4.7-3a Human Remains Discovery, this impact would be less than significant with mitigation incorporated. Mitigation Measures 4.7-3a: Human Remains Discovery If the find includes human remains, or remains that are potentially human, he or she shall ensure reasonable protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall notify the San Joaquin County Coroner (as per § 7050.5 of the Health and Safety Code).The provisions of Section 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (§ 5097.98 of the PRC).The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, then the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC).This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work cannot resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Biological Resources 4.7-15 October 2021