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City of Santa Ana <br />California Environmental Quality Act <br />Initial Study/Mitigated Negative Declaration <br />ground -disturbing activities on the project site or in connection with the project are complete; or <br />(2) a determination and written notification by the Tribe(s) conducting Native American <br />Monitoring to the project applicant/lead agency that no future, planned construction activity <br />and/or development/construction phase at the project site possesses the potential to impact <br />TCRs. <br />TCR-2 — Unanticipated Discovery of Human Remains and Associated Funerary Objects <br />➢ Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or <br />cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called <br />associated grave goods in Public Resources Code Section 5097.98, are also to be treated <br />according to this statute. <br />➢ If Native American human remains and/or grave goods discovered or recognized on the Project <br />site, then all construction activities shall immediately cease. Health and Safety Code Section <br />7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to <br />the County Coroner and all ground -disturbing activities shall immediately halt and shall remain <br />halted until the coroner has determined the nature of the remains. If the coroner recognizes the <br />human remains to be those of a Native American or has reason to believe they are Native <br />American, he or she shall contact, by telephone within 24 hours, the Native American Heritage <br />Commission, and Public Resources Code Section 5097.98 shall be followed. <br />➢ Human remains and grave/burial goods shall be treated alike per California Public Resources <br />Code section 5097.98(d)(1) and (2). <br />➢ Construction activities may resume in other parts of the Project site at a minimum of 200 feet <br />away from discovered human remains and/or burial goods, if the monitor determines in its sole <br />discretion that resuming construction activities at that distance is acceptable and provides the <br />Project manager express consent of that determination (along with any other mitigation <br />measures the Native American monitor and/or archaeologist deems necessary). (CEQA <br />Guidelines Section 15064.5(f).) <br />➢ Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human <br />remains and/or burial goods. Any historic archaeological material that is not Native American in <br />origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the <br />materials, if such an institution agrees to accept the material. If no institution accepts the <br />archaeological material, it shall be offered to a local school or historical society in the area for <br />educational purposes. <br />➢ Any discovery of human remains/burial goods shall be kept confidential to prevent further <br />disturbance. <br />TCR-3 — Procedures for Burials and Funerary Remains <br />➢ As the MLD, the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human <br />remains" encompasses more than human bones. In ancient as well as historic times, Tribal <br />Traditions included, but were not limited to, the preparation of the soil for burial, the burial of <br />funerary objects with the deceased, and the ceremonial burning of human remains. <br />-46CWE7 <br />- <br />