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5.0 Environmental Setting 5.3 Cultural/Historical Resources <br />Avion Project SEIR <br />Page 5.3-7 <br />5.3.3.2 State <br />a. California Register of Historic Resources (Public Resources Code <br />Section 5020 et seq.) <br />Properties listed, or formally designated eligible for listing, on the NRHP are automatically listed on <br />the California Register of Historic Resources (CRHR) as are State Historical Landmarks and Points of <br />Interest. The CRHR also includes properties designated under local ordinances or identified through <br />local historical resource surveys. <br />b. California Environmental Quality Act <br />For the purposes of CEQA, a significant historical resource is one that qualifies for the CRHR or is <br />listed in a local historic register or deemed significant in an historical resources survey, as provided <br />under Section 5025.1(g) of the Public Resources Code. A resource that is not listed in or is not <br />determined to be eligible for listing in the CRHR, is not included in a local register or historic <br />resources, or is not deemed significant in an historical resources survey may nonetheless be <br />deemed significant by a CEQA lead agency. <br />As indicated above, the California criteria (State CEQA Guidelines Section 15065.5) for the <br />registration of significant architectural, archaeological, and historical resources on the CRHR are <br />nearly identical to those for the NRHP. Furthermore, CEQA Section 21083.2(g) defines the criteria for <br />determining the significance of archaeological resources. These criteria include definitions for a <br />“unique” resource, based on its: <br />• Containing information needed to answer important scientific research questions and that <br />there is a demonstrable public interest in that information. <br />• Having a special and particular quality such as being the oldest or best available example of <br />its type. <br />• Being directly associated with a scientifically recognized important prehistoric or historic <br />event or person. <br />c. Native American Burials (Public Resources Code Section 5097 et seq.) <br />State law addresses the disposition of Native American burials in archaeological sites and protects <br />such remains from disturbance, vandalism, or inadvertent destruction; establishes procedures to be <br />implemented if Native American skeletal remains are discovered during construction of a project; <br />and designates the Native American Heritage Commission (NAHC) to resolve disputes regarding the <br />disposition of such remains. In addition, the Native American Historic Resource Protection Act <br />makes it a misdemeanor punishable by up to a year in jail to deface or destroy an Indian historic or <br />cultural site that is listed or may be eligible for listing in the CRHR.