UltraSystems provides guidance on CEQA and AB52 compliance
Photo: UltraSystems archaeologist, Steve O’Neil, with found artifact.
In the state of California, public and private agencies are required to inform stakeholders and the public of any environmental impacts that may result from their development project. Known as CEQA (California Environmental Quality Act), these guidelines explain how to determine if an activity is subject to environmental review, including the steps involved in the review process and the content of the required documents. With the passage of Assembly Bill 52 (AB52) in 2014, the initial study checklist in the CEQA Guidelines was updated to include questions regarding the impact of projects specifically to tribal cultural resources.
Development projects always have competing stakeholders, but it wasn’t until the mid-1970’s that Native American tribes had legal standing for consultation on development projects. Over the years, laws began to formally require consultation with tribes. In 2004, California passed Senate Bill 18 (SB18) which stated that local governments must contact and consult with California Native American tribes. Then in 2011, Governor Brown issued an Executive Order (B-10-11) establishing the Governor’s Tribal Advisor and an Administration policy that encouraged state agencies to consult with their local tribes.
Photo: California State Capitol building.
Today public agencies are guided by the more robust AB52 which details a consultation process for all California Native American Tribes that are on the Native American Heritage Commission List and designates a new class of resources under CEQA – Tribal Cultural Resources. Companies, like UltraSystems Environmental, Inc. (UltraSystems®), that prepare cultural resources reports in compliance with CEQA, must use immense care and respect as they work with representatives from the tribes. Recognizing the tribes’ sovereignty, and the expertise of the Tribal Historic Preservation Officers, is an important element when starting the tribal consultation process. Under the law, government to government tribal consultation is required to protect tribal spaces and resources that are important to tribal culture and tradition. By involving tribes in the initial phases of project development, tribes’ culturally sensitive concerns can be addressed early.
The cultural resource experts at UltraSystems are trained archaeologists and anthropologists that can facilitate the process under AB52 and CEQA for public agencies. They understand how CEQA requirements affect both stakeholders during the process and have built relationships with tribal leaders throughout the State of California. Once contracted for a project, UltraSystems can provide a Cultural Resource Inventory Report (Phase I) that includes a California Historic Resources Inventory System (CHRIS) record search and a Native American Heritage Commission (NAHC) records search. The NAHC records search helps identify culturally significant tribal sites as listed in their Sacred Lands File. If there are significant sites, a list of Native American Tribes, organizations, and interested individuals should be contacted to provide information on culturally important sites within the designated project area. Any found artifacts in disturbed soil are evidence of tribal ancestors. Some will be archaeologically significant, and others will be of great importance to local tribes. Determining their significance is always done in consultation with tribal representatives.
Our experts have the experience and sensitivity to navigate the required consultation process. If you would like more information about AB52 please visit the State’s Land Use and Climate Innovation Office in this LINK. If UltraSystems can help on your next project, please CONTACT US.
About UltraSystems
UltraSystems, founded in 1994, is a multi-disciplinary, full service environmental consulting and planning firm serving both the public and private sectors. The 30-year-old firm provides expertise in development planning; site selection and analysis; CEQA and NEPA compliance; technical studies, and environmental compliance during construction. UltraSystems Environmental is a certified DBE, SBE, and WBE company that is headquartered in Irvine, California.
