2021-02-18 NAHC LtrCHAIRPERSON
Laura Miranda
Luiseno
VICE CHAIRPERSON
Reginald Pagaling
Chumash
SECRETARY
Merri Lopez -Keifer
Luiseno
PARLIAMENTARIAN
Russell Attebery
Karuk
COMMISSIONER
William Mungary
Paiute/White Mountain
Apache
COMMISSIONER
Julie Tumamait-
Stenslie
Chumash
COMMISSIONER
[Vacant]
COMMISSIONER
[Vacant]
COMMISSIONER
[Vacant]
EXECUTIVE SECRETARY
Christina Snider
Porno
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
nahc@nahc.ca.aov
NAHC.ca.gov
NATIVE AMERICAN HERITAGE COMMISSION
February 18, 2021
Nicole Sauviat Criste, Consulting Planner
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Re: 2021020310, Coral Mountain Resort Project, Riverside County
Dear Ms. Sauviat Criste:.
The Native American Heritage Commission (NAHC) has received the Notice of Preparation
(NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project
referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code
§21000 et seq.), specifically Public Resources Code §21084.1, states that a project that may
cause a substantial adverse change in the significance of a historical resource, is a project that
may have a significant effect on the environment. (Pub. Resources Code § 21084.1; Cal. Code
Regs., tit.14, § 15064.5 (b) (CEQA Guidelines § 15064.5 (b)). If there is substantial evidence, in
light of the whole record before a lead agency, that a project may have a significant effect on
the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources
Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a) (1) (CEQA Guidelines § 15064 (a) (1)).
In order to determine whether a project will cause a substantial adverse change in the
significance of a historical resource, a lead agency will need to determine whether there are
historical resources within the area of potential effect (APE).
CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of
2014) (AB 52) amended CEQA to create a separate category of cultural resources, "tribal
cultural resources" (Pub. Resources Code §21074) and provides that a project with an effect
that may cause a substantial adverse change in the significance of a tribal cultural resource is
a project that may have a significant effect on the environment. (Pub. Resources Code
§21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural
resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice
of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on
or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or
a specific plan, or the designation or proposed designation of open space, on or after March 1,
2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18).
Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the
federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal
consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154
U.S.C. 300101, 36 C.F.R. §800 et seq.) may also apply,
The NAHC recommends consultation with California Native American tribes that are
traditionally and culturally affiliated with the geographic area of your proposed project as early
as possible in. order to avoid inadvertent discoveries of Native American human remains and
best protect tribal cultural resources. Below is a brief summary of orp Lions of AB 52 and SB 18 as
well as the NAHC's recommendations for conducting cultural resources assessments.
Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with
any other applicable laws.
Page 1 of 5
AB 52
AB 52 has added to CEQA the additional requirements listed below, along with many other requirements:
1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project:
Within fourteen (14) days of determining that an application for a project is complete or of a decision by a public
agency to undertake a project, a lead agency shall provide formdl notification to a designated contact of, or
tribal representative of, traditionally and culturally affiliated California Native American tribes that have
requested notice, to be accomplished by at least one written notice that includes:
a. A brief description of the project.
b. The lead agency contact information.
c. Notification that the California Native American tribe has 30 days to request consultation. (Pub.
Resources Code §21080.3.1 (d)).
d. A "California Native American tribe" is defined as a Native American tribe located in California that is
on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18).
(Pub. Resources Code §21073).
2. Begin Consultation Within 30 Days of Receiving a Tribe's Request for Consultation and Before Releasing a
Neaative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall
begin the consultation process within 30 days of receiving a request for consultation from a California Native
American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.
(Pub. Resources Code §21080.3,1, subds. (d) and (e)) and prior to the release of a negative declaration,
mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1 (b)).
a. For purposes of AB 52, "consultation shall have the same meaning as provided in Gov. Code §65352.4
(SB 18). (Pub. Resources Code §21080.3.1 (b)).
3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe
requests to discuss them, are mandatory topics of consultation:
a. Alternatives to the project.
b. Recommended mitigation measures.
c. Significant effects. (Pub. Resources Code §21080.3.2 (a)).
4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation:
a. Type of environmental review necessary.
b. Significance of the tribal cultural resources.
c. Significance of the project's impacts on tribal cultural resources.
d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe
may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)).
5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some
exceptions, any information, including but not limited to, the location, description, and use of tribal cultural
resources submitted by a California Native American tribe during the environmental review process shall not be
included in the environmental document or otherwise disclosed by the lead agency or any other public agency
to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a
California Native American tribe during the consultation or environmental review process shall be published in a
confidential appendix to the environmental document unless the tribe that provided the information consents, in
writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (c) (1)).
6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a
significant impact on a tribal cultural resource, the lead agency's environmental document shall discuss both of
the following:
a. Whether the proposed project has a significant impact on an identified tribal cultural resource.
b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed
to pursuant to Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on
the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)).
Page 2 of 5
7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the
following occurs:
a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on
a tribal cultural resource; or
b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot
be reached. (Pub. Resources Code §21080.3.2 (b)).
8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any
mitigation measures agreed upon in the consultation conducted pursuant to. Public Resources Code §21080.3.2
shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring
and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3,
subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)).
9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead
agency as a result of the consultation process are not included in the environmental document or if there are no
agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if
substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the
lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources
Code §21082.3 (e)).
10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse
Impacts to Tribal Cultural Resources:
a. Avoidance and preservation of the resources in place, including, but not limited to:
i. Planning and construction to avoid the resources and protect the cultural and natural
context.
III. Planning greenspace, parks, or other open space, to incorporate the resources with culturally
appropriate protection and management criteria.
b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values
and meaning of the resource, including, but not limited to, the following:
1. Protecting the cultural character and integrity of the resource.
ii. Protecting the traditional use of the resource.
iii. Protecting the confidentiality of the resource.
c. Permanent conservation easements or other interests in real property, with culturally appropriate
management criteria for the purposes of preserving or utilizing the resources or places.
d. Protecting the resource. (Pub. Resource Code §21084,3 (b)).
e. Please note that a federally recognized California Native American tribe or a non -federally
recognized California Native American tribe that is on the contact list maintained by the NAHC to protect
a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold
conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 (c)).
f. Please note that it is the policy of the state that Native American remains and associated grave
artifacts shall be repatriated. (Pub. Resources Code §5097.991).
11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or
Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental
Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be
adopted unless one of the following occurs:
a. The consultation process between the tribes and the lead agency has occurred as provided in Public
Resources Code §21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code
§21080.3.2.
b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise
failed to engage in the consultation process.
c. The lead agency provided notice of the project to the tribe in compliance with Public Resources
Code §21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code
§21082.3 (d)).
The NAHC's PowerPoint presentation titled, "Tribal Consultation Under AB 52: Requirements and Best Practices" may
be found online at: http:/Inahc.co. oq v/wp-content/uploads/2015/10/AB52TribalConsultation CaIEPAPDF.pdf
Page 3 of 5
MW
SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and
consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of
open space. (Gov. Code §65352.3). Local governments should consult the Governor's Office of Planning and
Research's "Tribal Consultation Guidelines," which can be found online at:
https://www.opr.ca.gov/docs/09 14 05 Updated Guidelines 922.1odf.
Some of SB 18's provisions include:
1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a
specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC
by requesting a "Tribal Consultation List." If a tribe, once contacted, requests consultation the local government
must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to
request consultation unless a shorter timeframe has been agreed to by the tribe, (Gov, Code §65352.3
(a)(2))•
2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation.
3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and
Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information
concerning the specific identity, location, character, and use of places, features and objects described in Public
Resources Code §5097.9 and §5097.993 that are within the city's or county's jurisdiction. (Gov. Code §65352.3
(b))•
4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which:
a. The parties to the consultation come to a mutual agreement concerning the appropriate measures
for preservation or mitigation; or
b.. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes
that mutual agreement cannot be reached concerning the appropriate measures of preservation or
mitigation. (Tribal Consultation Guidelines, Governor's Office of Planning and Research (2005) at p: 18).
Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with
tribes that are traditionally and culturally affiliated with fheir jurisdictions before the timeframes provided in AB 52 and
SB *18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and "Sacred Lands
File" searches from the NAHC. The request forms can be found online at: http:/Inahc.ca.gov/resources/forms/.
NAHC Recommendations for Cultural Resources Assessments
To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation
in place, or barring both, mitigation of project -related impacts to tribal cultural resources, the NAHC recommends
the following actions:
1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center
(http://ohp.parks.ca.gov/?page id=1068) for an archaeological records search. The records search will
determine:
a. If part or all of the APE has been previously surveyed for cultural resources.
b. If any known cultural resources have already been recorded on or adjacent to the APE.
c. If the probability is low, moderate, or high that cultural resources are located in the APE.
d. If a survey is required to determine whether previously unrecorded cultural resources are present.
2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report
detailing the findings and recommendations of the records search and field survey.
a. The final report containing site forms, site significance, and mitigation measures should be submitted
immediately to the planning department. All information regarding site locations, Native American
human remains, and associated funerary objects should be in a separate confidential addendum and
not be made available for public disclosure.
b. The final written report should be submitted within 3 months after work has been completed to the
appropriate regional CHRIS center.
Page 4 of 5
3. Contact the NAHC for:
a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in.the
Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for
consultation with tribes that are traditionally. and culturally affiliated with the geographic area of the
project's APE.
b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the
project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation
measures.
4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources)
does not preclude their subsurface existence.
a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for
the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code
Regs., tit. 14, § 15064.5(f) (CEQA Guidelines § 15064.5(f)). In areas of identified archaeological sensitivity, a
certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources
should monitor all ground -disturbing activities.
b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions
for the disposition of recovered cultural items that are not burial associated in consultation with culturally
affiliated Native Americans.
c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions
for the treatment and disposition of inadvertently discovered Native American human remains. Health
and Safety Code §7050.5, Public Resources Code §5097.98, and Cal. Code Regs., tit. 14, § 15064.5,
subdivisions (d) and (e) (CEQA Guidelines § 15064.5, subds. (d) and (e)) address the processes to be
followed in the event of an inadvertent discovery of any Native American human remains and
associated grave goods in a location other than a dedicated cemetery.
If you have any questions or need additional information, please contact me at my email address:
Andrew.Green@nahc.ca.aov.
Sincerely,
Andrew Green
Cultural Resources Analyst
cc: State Clearinghouse
Page 5 of 5