Draft Environmental Impact Report - California Off Highway Vehicle ...

3.6 Cultural Resources
To determine if a project will affect a significant cultural resource, an OHMVR Division project
manager prepares a Project Evaluation Form which is submitted to OHMVR Division
archaeologists for review. Division archaeologists consult the most recent cultural resource
geodatabase and cultural resource inventory prepared for the subject SVRA. If a cultural resource
has been recorded in the project area, then a 5024 report is prepared. The cultural resource is
evaluated for significance according to NRHP/CRHR criteria. Impacts to the resource are assessed
and mitigation measures are described in the 5024 report. If the archaeologists determine that a
project would have an adverse impact to significant cultural resources, project managers direct
staff to redesign the project to avoid those impacts.
PRC Section 5097
PRC Section 5097 addresses archaeological resources. Archaeological resources that are not
“historical resources” may be “unique archaeological resources” as defined in PRC Section
21083.2, which also generally provides that “non‐unique archaeological resources” do not receive
any protection under CEQA. PRC Section 21083.2, subdivision (g), defines a “unique archaeological
resource” as an archaeological artifact, object, or site that does not merely add to the current body
of knowledge, but has a high probability of meeting any of the criteria identified in this section. If
an archaeological resource is neither a unique archaeological nor a historical resource, the effects
of the project on that resource will not be considered a significant effect on the environment.
PRC Section 5097.5 provides that any unauthorized removal or destruction of archaeological or
paleontological resources on sites located on public lands is a misdemeanor. As used in this
section, “public lands” means lands owned by or under the jurisdiction of the state or any city,
county, district, authority, or public corporation or any agency thereof.
PRC Sections 5097.9–5097.991 (California Native American Historic Resource Protection Act)
establishes the Native American Heritage Commission (NAHC) and its responsibilities and
requires cooperation of state and local agencies in carrying out its duties with respect to Native
American resources. The NAHC identifies and catalogs places of special religious or social
significance to Native Americans and known graves and cemeteries of Native Americans on
private lands and performs other duties regarding the preservation and accessibility of sacred
sites and burials and the disposition of Native American human remains and burial items. If
human remains of Native American origin are discovered, the NAHC is responsible for identifying
the person or persons it believes to be the most likely descendant from the deceased Native
American. Section 5097.98: Prohibits obtaining or possessing Native American artifacts or human
remains taken from a grave or cairn and sets penalties for such acts.
California Health and Safety Code
The Clay Pit SVRA General Plan also is subject to several sections of the California Health and
Safety Code pertaining to the discovery and treatment of human remains.
Clay Pit State Vehicular Recreation Area
February 2012 3.6-4 Draft EIR