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2019-11-20 SB 18 & AB 52 Specific Plan 03-067 Amend V of Andalusia at Coral MtnSTATE OF CALIFORNIA GAVIN NEWSOM, Governor NATIVE AMERICAN HERITAGE COMMISSION Cultural and Environmental Department 1550 Harbor Blvd., Suite 100 West Sacramento, CA 95691 Phone: (916) 373-3710 Email: nahc@nahc.ca.gov Website: http://www.nahc.ca.gov November 20, 2019 Nicole Sauviat Criste City of LaQuinta VIA Email to: Ncriste@laquintaca.gov RE: Native American Consultation, Pursuant to Senate Bill 18 (SB18), Government Codes §65352.3 and §65352.4, as well as Assembly Bill 52 (AB52), Public Resources Codes §21080.1, §21080.3.1 and §21080.3.2, Specific Plan 03-067 Amendment V of Andalusia at Coral Mountain Project, Riverside County Dear Ms. Criste: Attached is a consultation list of tribes with traditional lands or cultural places located within the boundaries of the above referenced counties or projects. Government Codes §65352.3 and §65352.4 require local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpos e of avoiding, protecting, and/or mitigating impacts to cultural places when creating or amending General Plans, Specific Plans and Community Plans. Public Resources Codes §21080.3.1 and §21080.3.2 requires public agencies to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to tribal cultural resources as defined, for California Environmental Quality Act (CEQA) projects. The law does not preclude local governments and agencies from initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction. The NAHC believes that this is the best practice to ensure that tribes are consulted commensurate with the intent of the law. Best practice for the AB52 process and in accordance with Public Resources Code §21080.3.1(d), is to do the following: Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section. The NAHC also recommends, but does not require that lead agencies include in their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential affect (APE), such as: 1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to: ▪ A listing of any and all known cultural resources have already been recorded on or adjacent to the APE, such as known archaeological sites; ▪ Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; ▪ Whether the records search indicates a low, moderate or high probability that unrecorded cultural resources are located in the APE; and ▪ If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. The results of any archaeological inventory survey that was conducted, including: ▪ Any report that may contain site forms, site significance, and suggested mitigation measures. 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 in accordance with Government Code Section 6254.10. 3. The result of the Sacred Lands File (SFL) check conducted through the Native American Heritage Commission. The request form can be found at http://nahc.ca.gov/wp- content/uploads/2015/08/Local-Government-Tribal-Consultation-List-Request-Form-update.pdf. 4. Any ethnographic studies conducted for any area including all or part of the potential APE; and 5. Any geotechnical reports regarding all or part of the potential APE. Lead agencies should be aware that records maintained by the NAHC and CHRIS is not exhaustive, and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource. This information will aid tribes in determining whether to request formal consultation. In the event, that they do, having the information beforehand well help to facilitate the consultation process. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance we can assure that our consultation list remains current. If you have any questions or need additional information, please contact me at my email address: Andrew.Green@nahc.ca.gov. Sincerely, Andrew Green Staff Services Analyst Attachment