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*:/ : 11-1 h WA <br />Code Section 5024.1, the lead agency shall consider the significance of the resource to a <br />California Native American tribe. <br />Less Than Significant Impact With Mitigation Incorporated. PRC 5024.1(c) indicates that a resource <br />may be listed as an historical resource in the California Register if it meets any of the listed NRHP criteria. <br />The replacement park sites do not contain any fesources that meets the NRHP criteria and are not listed <br />in the SLF. Assembly Bill (AB) 52 requires meaningful consultation with California Native American tribes <br />on potential impacts to tribal cultural resources, as defined in Public Resources Code Section 21074. Tribal <br />cultural resources are sites, features, places, cultural landscapes, sacred places, and objects with cultural <br />value to a California Native American tribe that are either eligible of listed in the CRHR or local register <br />of historical resources. <br />As part of the AB 52 process, Native American tribes must submit a written request to the City of Santa <br />Ana (lead agency) to be notified of projects within their traditionally and culturally affiliated area. The City <br />must provide written, formal notification to those tribes within 14 days of deciding to undertake a project. <br />The tribe must fespond to the City within 30 days of feceiving this notification if they want to engage in <br />consultation on the project, and the City must begin the consultation process within 30 days of receiving <br />the tribe's request. Consultation concludes when either 1): the parties agree to mitigation measures to avoid <br />a significant effect on a tribal cultural resource, or 2) a party, acting in good faith and after reasonable effoft, <br />concludes mutual agreement cannot be reached. <br />The City of Santa Ana received the list of tribal groups that may be affiliated with the project area from <br />the Native American Heritage Commission, and sent letters requesting consultation to six tribal groups. <br />The consultation request letters were sent on December 5, 2018 via mail and email, and the tribes were <br />given 30 days to respond to the request. The 30-day closed on January 4, 2019, and no response was <br />received. The City is in compliance with AB 52 regulations and no potentially significant impact has been <br />identified. Although no tribal cultural resources have been identified, future excavation on the replacement <br />park sites that go beyond artificial fill materials could yield an archaeological resource with information <br />important in prehistory of history. Therefore, a mitigation has been incorporated to reduce potential <br />impacts to a less than significant level. <br />Mitigation Measure <br />TCR-1 If the professional archaeologist implementing Mitigation Measure CUL-1 believes that a <br />cultural resource encountered onsite is of "tribal cultural resources" pursuant to Public <br />Resources Code Section 21074, the archaeologist shall notify representatives of Native <br />American tribes with traditional territofies in the project region. If requested by the Native <br />American tribe(s), the developer of archaeologist on -call shall, in good faith, consult on the <br />discovery and its disposition (e.g., avoidance, preservation, return of artifacts to tribe). If the <br />resources are Native American in origin, a tribal monitor from the consulting tribe shall be <br />present during the remaining site -grading activities. <br />75C-123 <br />