Comments on the Draft Advisory due by June 1

The Office of Planning and Research released a Draft Advisory earlier this month entitled “Discussion Draft Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA” to provide guidance to lead agencies regarding changes to CEQA requirements relating to tribal cultural resources pursuant to Assembly Bill 52.

AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project’s potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project.

AB 52 goes into effect July 1. Its requirements will apply to all projects for which a lead agency has not yet issued a notice of preparation of an environmental impact report or notice of intent to adopt a negative declaration.

AB 52 does not require OPR to adopt updates to the initial study checklist in Appendix G of the CEQA Guidelines until July 1, 2016. However, the Draft Advisory notes that lead agencies need not wait to update their own procedures. It suggests that lead agencies apply the following question in their environmental documents: Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code section 21074?

The Draft Advisory also summarizes AB 52’s requirements for consultation and tribal cultural resources. For example, it reiterates the definition of tribal cultural resource provided in the new Public Resources Code section 21074 and summarizes AB 52’s new notification requirements. It also summarizes rules governing confidentiality during the tribal consultation process, which generally prohibit lead agencies from disclosing information provided by a California Native American tribe during the consultation process, without the prior written consent of the tribe.

Finally, the Draft Advisory also provides a readable flowchart summarizing the compliance timeline and consultation process mandated by AB 52, which may be helpful to lead agencies.

While the Draft Advisory does not add appear to add any information not already found in AB 52, OPR is accepting comments on the Draft Advisory through June 1. Comments may be sent via e-mail to CEQA.Guidelines@resources.ca.gov.