COMMISSION

While these new steps have the potential to increase the time for project review and
evaluation, it will promote improved communication between tribes and lead agencies.
The bill recognizes that consultation is an important function that already occurs between
tribes and lead agencies; these new requirements do not impede on or replace previous
consultation processes.
The second component requires lead agencies to evaluate a project’s potential to impact
TCRs. TCRs are a broad category as defined in CEQA. TCRs are “a site, feature, place,
cultural landscape, sacred place, or object which is considered of cultural value to a
California Native American Tribe” (PRC § 21074(a) (1-2). TCRs may overlap existing historic
and archaeological sites and be considered cultural landscapes. The consultation process
will identify potential TCRs in a project area. During environmental review, if it is determined
that the project causes substantial adverse change to a TCR, it is a project that may have
a significant effect on the environment (PRC § 21084.2). AB 52 also requires lead agencies
to follow new confidentiality requirements regarding TCRs in the project area. These
requirements make comments and information submitted by tribes confidential and not
available to the public during public review of environmental documents.
Since the passage of AB 52, the OHMVR Division and Districts have:
•§
attended Native American Heritage Commission meetings and hearings that
discussed AB 52 legislation and changes to their roles and functions;
•§
facilitated training opportunities for managers, tribal liaisons, and interested staff;
•§
implemented regular and ongoing meetings with interested tribes to keep them
informed of pending projects, and get their input as early in the planning stages
as possible;
•§
administered contracts with qualified archaeological and cultural resource
management firms for consultation services; and,
•§
conducted outreach for consultation efforts with local tribes to meet State Parks and
OHMVR Division’s mission statements and comply with CEQA.
Native American Consultation Training
In August 2015, the OHMVR Division collaborated with State Parks’ Cultural Resources
Division and the Native American Heritage Commission to provide an in-depth training
for employees on AB 52 requirements. The training was offered to all OHMVR Division
staff and was open to State Park cultural resource managers. More than 30 managers,
supervisors, tribal liaisons, and interested staff participated at the William Penn Mott
Jr. Training Center in Pacific Grove and from remote locations around the state using
video conferencing technology. Two open sessions allowed participants to ask questions
and discuss aspects of the bill not covered in the presentations. In addition, the Cultural
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