SU0015801 - Laserfiche WebLink

Home Browse Search

4 Environmental Analysis 4.5 Cultural Resources Under PRC Section 21074, tribal cultural resources are: 1. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: a. Included or determined to be eligible for the inclusion in the CRHR; or b. Included in a local register of historical resources as defined by subdivision (k) of Section 5020.1 (designated or recognized historically significant by a local government pursuant to local ordinances or resolution). 2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. a. A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape; or b. A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a "nonunique archaeological resource"as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a). California Health and Safety Code, Sections 7052 and 7050.5 Section 7052 of the California Health and Safety Code states that it is a felony to disturb Native American burials. Section 7050.5(c) requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If determined to be Native American, the coroner must contact the NAHC. California Native American Historical, Cultural, and Sacred Sites Act The California Native American Historical, Cultural, and Sacred Sites Act(the Act) applies to both state and private lands. The Act requires that, upon discovery of human remains, construction or excavation activity must cease and the county coroner be notified. If the remains are Native American, the coroner must notify the NAHC. The NAHC will then identify and notify a most likely descendant. The Act stipulates the procedures that the most likely descendant may follow for treating or disposing of the remains and associated grave goods. California Public Resource Code, Sections 5097 et seq. California PRC Section 5097 specifies the procedures to be followed in the event of an unexpected discovery of human remains on non-federal land. The disposition of Native American remains falls within the jurisdiction of the NAHC. Section 5097.5 of the Code states: No person shall knowingly and willfully excavate upon, or remove, destroy, injure or deface any historic or prehistoric ruins, burial grounds, archaeological or Griffith Energy Storage Project 4.5-10 Tetra Tech/SCH 2022120675 Draft Environmental Impact Report August 2023