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5.0 Environmental Setting 5.3 Cultural/Historical Resources <br />Avion Project SEIR <br />Page 5.3-18 <br />5. Disposition of Native American Human Remains will be determined between the <br />MLD and the PI, and, if: <br />a. The NAHC is unable to identify the MLD, OR the MLD failed to make a <br />recommendation within 48 hours after being granted access to the site, OR; <br />b. The landowner or authorized representative rejects the recommendation of the <br />MLD and mediation in accordance with PRC 5097.94 (k) by the NAHC fails to <br />provide measures acceptable to the landowner, the landowner shall reinter the <br />human remains and items associated with Native American human remains with <br />appropriate dignity on the property in a location not subject to further and <br />future subsurface disturbance, THEN <br />c. To protect these sites, the landowner shall do one or more of the following: <br />(1) Record the site with the NAHC; <br />(2) Record an open space or conservation easement; or <br />(3) Record a document with the County. The document shall be titled “Notice of <br />Reinterment of Native American Remains” and shall include a legal <br />description of the property, the name of the property owner, and the owner’s <br />acknowledged signature, in addition to any other information required by <br />PRC 5097.98. The document shall be indexed as a notice under the name of <br />the owner. <br />d. Upon the discovery of multiple Native American human remains during a ground <br />disturbing land development activity, the landowner may agree that additional <br />conferral with descendants is necessary to consider culturally appropriate <br />treatment of multiple Native American human remains. Culturally appropriate <br />treatment of such a discovery may be ascertained from review of the site <br />utilizing cultural and archaeological standards. Where the parties are unable to <br />agree on the appropriate treatment measures the human remains and items <br />associated and buried with Native American human remains shall be reinterred <br />with appropriate dignity, pursuant to Section 5.c., above. <br />D. If Human Remains are NOT Native American <br />1. The PI shall contact the Medical Examiner and notify them of the historic era context <br />of the burial. <br />2. The Medical Examiner will determine the appropriate course of action with the PI <br />and City staff (PRC 5097.98). <br />3. If the remains are of historic origin, they shall be appropriately removed and <br />conveyed to the San Diego Museum of Man for analysis. The decision for internment <br />of the human remains shall be made in consultation with MMC, EAS, the