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75A - PH - RESO SA-GG FIXED GUIDEWAY
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01/20/2015
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75A - PH - RESO SA-GG FIXED GUIDEWAY
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1/15/2015 4:19:43 PM
Creation date
1/15/2015 4:05:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
75A
Date
1/20/2015
Destruction Year
2020
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affiliated Native American tribes to determine if the proposed project may have an 14 -2 <br />adverse impact on cultural resources cont. <br />We suggest that this (additional archaeological activity) be coordinated <br />with the NAHC, if possible. The final report containing site forms, site <br />significance, and mitigation measurers should be submitted immediately to the <br />planning department. Any information regarding site locations, Native American <br />human remains, and associated funerary objects should be in a separate <br />confidential addendum, and not be made available for pubic disclosure pursuant <br />to California Government Code Section 6254.10. <br />A list of appropriate Native American Contacts for consultation concerning <br />the project site has been provided and is attached to this letter to determine if the <br />proposed active might impinge on any cultural resources. <br />California Government Code Section 65040.12(e) defines "environmental justice' <br />to provide "fair treatment of People... with respect to the development, adoption, <br />implementation, and enforcement of environmental laws, regulations and policies," (The <br />California Code is consistent with the Federal Executive Carder 12898 regarding <br />'environmental justice.' Also, applicable to state agencies is Executive Order B -10 -11 <br />requires consultation with Native American tribes their elected officials and other <br />representatives of tribal governments to provide meaningful input into the development <br />of legislation, regulations, rules, and policies on matters that may affect tribal <br />communities. <br />Lead agencies should consider first, avoidance for sacred and/or historical <br />sites, pursuant to CEQA Guidelines 15370(x). Then if the project goes ahead <br />then, lead agencies include in their mitigation and monitoring plan provisions for <br />the analysis and disposition of recovered artifacts, pursuant to California Public <br />Resources Code Section 21083.2 in consultation with culturally affiliated Native <br />Americans. <br />4 -3 <br />Lead agencies should include provisions for discovery of Native American <br />human remains in their mitigation plan. Health and Safety Code §7050.5, CEQA <br />§15064.5(e), and Public Resources Code §5097.98 mandates the process to be 4 -4 <br />followed in the event of an accidental discovery of any human remains in a <br />location other than a dedicated ceWProgram <br />CC: State Clearinghouse <br />Attachment: Native American Contacts list <br />75A -81 <br />
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