HomeMy WebLinkAboutCC Res 4138 1992-08-24
RESOLUTION NO. !/&a.
A RESOLUTION OF THE CITY COUNCll. OF
THE CITY OF SEAL BEACH ADOPTING
NEGATIVE DECLARATION 92-1 AND
ADOPTING THE "ARCHAEOLOGlCALAND
HISTORICAL ELEMENr' OF THE SEAL
BEACH GENERAL PLAN (GPA 92-1).
THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
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WHEREAS,
WHEREAS,
WHEREAS,
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WHEREAS,
WHEREAS,
WHEREAS,
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on August 13, 1990, the City Council established the Archaeological Task
Force" ...to formulate an Archaeological Element for the General Plan. ";
and
this task force was composed of five persons, which met over a period of
time to prepare the "A.rchaeological and Historical Element"; and
on March 11, 1991, the City Council determined to "... accept the
completed, documented report with attachments, transmitted by
Committeemember Hahn, and refer same to the Planning Commission for
public hearing"; and
this proposed element of the Seal Beach General Plan discusses the
putpOse and function ofpreserving archaeological and historical resources;
describes methods for protecting these resources, and provides local
policies to guide the implementation of cultural resource preservation,
beyond the protections afforded by applicable Federal (NEPA), State
(CEQA) and local laws; and
the California Government Code allows the development of optional
general plan elements (Government Code I 65303); and
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staff has prepared and cireulated an Initial Environmental Assessment and
proposed Negative Declaration as required by the California
Environmental Quality Act (CEQA). As of the May 22, 1992, the City
has received the following responses on the proposed Negative
Declaration:
a) from the City of Los Alamitos, indicating no comments on the
negative declaration, and expressing interest in receiving future
environmental documentation on projects impacting Los Alamitos;
and
b)
from the California Coastal Commission regarding review by State
Office of Historic Preservation; and
c) from the luaneiio Band of Mission Indians, not commenting on the
Negative Declaration, but requesting a copy of the adopted
.Archaeological and Historical Element; and
d) from the Southern California Association of Governments,
indicating the Element is not regionally significant and does not
warrant comments; and
Resolution Number ~/.~
WHEREAS, .
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
e) from the County of Orange, indicating no comments on the
negative declaration; and
f)
from the Native American Heritage Commission, not commenting
on the Negative Declaration, but commenting on the provisions of
the Archaeological Element itself regarding specific wording in the
"Research Design" section and expressing concerns regarding the
availability of archaeological site recoro information and referring
the City to the Archaeological Information Center at UCLA; and
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a duly noticed public hearing was held by the Planning Commission on
April 1, 1992 to consider General Plan Amendment 92-1 and Negative I
Declaration 92-1; and
the Planning Commission received into evidence the Staff Report of April
1, 1992, along with all attachments thereto, and considered all public
testimony presented; and
The Planning Commission made the following findings and recommended
approval of the subject Negative Declaration and General Plan
Amendment by the City Council on April!, 1992:
1.
The proposed Negative Declaration adequately discloses the
potential environmental impacts of the proposed "Archaeological
and Historical Element of the General Plan of the City of Seal
Beach", and no substantial adverse environmental impacts will
result upon the adoption of this Blement of the General Plan.
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The proposed "Archaeological and Historical Element of the
General Plan of the City of Seal Beach" will discusB the pUtpOse
and function of preserving archaeological and historical resources;
describe methods for protecting these resources, and provide local
policies to guide the implementation of cultural resource
preservation, beyond the protections afforded by applicable Federal
(NEPA), State (CEQA) and local laws.
3. The proposed "Archaeological and Historical Element of the
General Plan of the City of Seal Beach" does not replace or
supersede any of the other General Plan elements. It amplifies and
supports the goals and policies that are included in the other
General Plan elements and establishes new goals and policies
where necessary.
2.
4. The proposed ".Archaeological and Historical Element of the
General Plan of the City of Seal Beoeh" is consistent with the
other elements of the Seal Beach General Plan; and
in compliance with CEQA and local CEQA guidelines, staff has prepared
the required "Response to Comments on Negative Declaration No. 92-1",
including all responses received by the City to May 21, 1992; and
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a duly noticed public hearing was opened by the City Council on April 27 ,
1992 and continued to May 26, 1992 to consider General Plan
Amendment 92-1 and Negative Declaration 92-1; and
the City Council received into evidence the Report of the Planning
Commission, including the Staff Report dated April 1, 1992, Planning
Commission Resolution No. 92-3, and the Minutes of the Planning
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Resolution Number ~~1.1
Commission meeting of April 1, 1992. In addition, the City Council
considered all written and oral testimony presented at the time of the
public hearing and the "Response to Comments on Negative Declaration
No. 92-1"; and
WHEREAS,
at the conclusion of the public hearing, based upon the evidence
presented, the City Council determined to adopt Negative Declaration 92-
1. and
,
WHEREAS,
Negative Declaration 92-1 and the accompanying Initial Study indicates
that the project involves no potential for any adverse impact, either
individually or cumulatively, on wildlife resources and will not have an
adverse impact on fish and wildlife.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal
Beach does hereby adopt Negative Declaration 92-1, relating to General Plan Amendment 92-1,
"Archaeological and Historical Element of General Plan", and does hereby adopt the
"Archaeological and Historical Element of General Plan".
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council finds
that there is no substantial evidence that General Plan Amendment 92-1 will have a significant
effect on the environment, involves no potential for adverse effect, either individually or
cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife and
directs the Director of Development Services to ille the appropriate De M;n;m;~ Impact Finding
for the California Department of Fish and Game Certificate of Fee Exemption.
PASSED, APPROVED AND ADOPTED by the City ~ of the City of Seal Beach
" a ~:z= bdd ... ... OJ day at
L. Z/I992, by the ~OllOWing vote: .
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AYES:
Councilmem
NOES:
Councilmembers
ABSENT:
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MAYOR
ATTEST:
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CITY
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Resolution Number ~/~~
STATE OF CALIFORNIA
COUNTY OF ORANGB
CITY OF SEAL BEACH
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I, Joanne M. Yea, City Clerk of Seal Beach, Calif~~herebY certify that the foregoing
resolution is the original copy of Resolution Number n file in the office of the City
Clerk, passed, approved, and ~l the City Cou it Of the Ci~ Seal Beach, at a regular
meeting thereof held on the _, day of (()PA , 1992.
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Resolution Number
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CITY OF SEAL BEACH
GENERAL PLAN
ARCHAEOLOGICAL AND mSTORlCAL ELEMENT
INTRODUCTION TO THE
ARCHAEOLOGICAL AND HISTORICAL ELEMENT
This element of the Seal Beach General Plan discusses the pwpose and function of preserving
archaeological and historical resources; describes methods for protecting these resources, and
provides local policies to guide the implementation of cultural resource preservation, beyond the
protections afforded by applicable Federal (National Environmental Policy Act), State (California
Environmental Quality Act) and local laws.
LEGAL MANDATE
The California Government Code allows the development of optional general plan elements.
Section 65303(J) of the Government Code previously permitted the inclusion of . A historical
preservation element for the identification, establishment and protection of sites 011d StTIJClUTes
of architectural, historical, archaeological or cultural significance, including significant trees....
and other plant materials." The code previously stated that a program to implement policies will
be part of this element.
Government Code Section 65303 was amended in 1984, and currently does not specify the
specific optional elements of a General Plan which a city may determine to utilize. The City of
Seal Beach recognizes that the Archaeologica1/Historical Element is an optional element of the
General Plan under the current provisions of Government Code I 65303.
PURPOSE OF THE
ARCHAEOLOGICAL AND HISTORICAL ELEMENT
Archaeological and historical sites provide tangible evidence of Seal Beach's cultural heritage.
Knowledge of the way of life of Seal Beach's prehistoric and historic residents enhances the
quality of life of the city's present and future inhabitants. These siies are priceless non-
renewable cultural resources. They have the potential to provide vivid educational opportunities
for our children and for SVl't'....l'i1\g generations. They are part of the material culture of local
Native Americans and provide important "laboratories" for scientific research. Due to
development of the coastal strip, few archaeological sites remain, and those that do demand our
protection.
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MpIt 24, 11192
Resolution Number 4/:,!J
0Iy of SMIl Beaell Ge1Iertd I'lDn
ARCHAEOLOGICAL ELEMENT SECTIONS
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1) Mfl1UZgement Procedurrs
2) ~search Design
3) Natin Amerietm Consulttmts
4) A.rcIuuologktU Consulttmts
S) AppelUlices
Appendix A: Dejiniti01lS
Appendix B: Cultural Resources Records SelJTch Quick Check Form
Appendix C: Research Methods
Appendix D: Federal and Stole Laws and PoUcies, and Tribal Guidelines
Concerning Archaeological and Historical Resources
Appendix E: Society of Professioool Archaeologists Documents
Management Procedures
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These are the procedures that shall be followed for the management of all cultural resources
within the boundaries of the City of Seal Beach.
LA All currently undeveloped properties within the boundaries of the City of Seal
Beach shall be required to be researched and surveyed for archaeological sites,
remains, artifacts, ecofacts, archaeological places, and historical structures and
places, by an Archaeological Consultant, as defmed in A.rcIuuologictd
Consultants, prior to the approval by the City of any development entitlements.
This work shall be at the expense of the party requesting the development
entitlements (e.g., any necessary development entitlement or permit).
I.B Archaeological consultants shall be appointed by the Seal Beach City Council. 1
I.C The Seal Beach City Council shall require thorough scientific evaluation of
ploperties and sites by qualified consultants as defined in A.rcIuuologictd
Consulttmts prior to the issuance of development entitlements. This evaluation
requires the following phases:
I.C.l Literature Search from Ba!leline Survef
A literature search is a review of all relevant information which pertains
to cultural resources on a subject site and is a prerequisite to obtaining
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Aqu 24.11192
Resolution Number ~~~~
0Iy 01 Seal Beach GeMral Pkm
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development entitlements. The literature search may indicate the necessity
of further research to determine the feasibility of development on the site.
A literature search must include a review of the City's Baseline Survey
(Stickel, 1990) and all subsequent information. The Archaeological
Consultant shall also complete a literature review at the local
Archaeological Information Center (now located at UCLA) for information
post-dating Dr. Stickel's research.
1. C.l.l
RlI"'line SurvllY ani! Determination of Current Status of
Cultural Resources
The Baseline Survey is a collection of information covering
all previously recorded archaeological surveys and sites.
The Baseline Survey includes copies of the maps from the
regional State Archive at the University of California, Los
Angeles which show all of the known site locations in the
City of Seal Beach.3 All information compiled in the
Baseline Survey is filed with the Seal Beach Planning
Department.
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Hase1ine Survey data includes a map showing the locations
of all previously reported archaeological sites, both
destroyed and extant, within the boundaries of the City of
Seal Beach.
The following parties shall have access to the Baseline
Survey information:
1) Appointed archaeological consultant(s);
2) Seal Beach City Council;
3) Seal Beach Planning Commission;
4) Seal Beach Planning Department;
S) Archaeological AdvisoIy Committee;
6) Landowner.
I.C.1.2.
Cultural Resources RecoIds Search Ouick r.her.lc:
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All proposed projects which are subject to the provisions of this
section shall be required to have a "Cultural Resources &cords
Search Quick Check" completed by the Archaeological Information
Center at UCLA and submitted to the City as part of the initial
application packet for the application to be considered by the
City.4
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.top<< 24, 1992
Resolution Number ~J'~f?
Cily of Seal Beach General Plan
I.C.2 Site Surv~
A site survey is a walkover inspection by an archaeologist' of a site for
cultural resources which covers 100% of the subject site. If the literature
search or Cultural Resources Recotds Search Quick Check reveals that a I
known site(s) exist on the subject site, a site survey must be conducted.
In addition, on sites shown through the literature search not to have been
previously surveyed, a site survey must be conducted to establish whether
archaeological/historical sites exist.
I.C.3 Test 1>>haOP.
A test phase6 is a excavation of test pits to determine the scope of
archaeological resources on a site. If a cultural site is discovered in the
site survey, a test phase on an archaeological site, and the recording of an
historical site, must be completed.
I.C.4 Final Mitiption
Final mitigation is the final disposition of cultural resources on a site. If
a researched site is not to be preserved in situ (in place), a final mitigation
method must be selected. These methods may include the following:
I.C.4.1
Capping or fencing of the site.
I.C.4.2
Relocation of the cultural resource for preservation.
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I.C.4.3
Total excavation of the site.'
I.C.4.4
Partial excavation of the site.'
I.C.4.S
Renovation or reconstroction of historic or archaeological
stroctures.
l.D. Archaeological AdvisOJ:Y Committee
The Seal Beach City Council shall create a standing Archaeological Advisory
Committee. Membership shall be by the appointment of the Seal beach City
Council and members shall serve without pay for a term not to exceed one year
unless reappointed. Members of the Archaeological Advisory Committee shall be
deemed to have a "need to know" site specific information".' .
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Resolution Number 4/38
Oty of 8efll Betu:h GeMral P10n
Research Design
A Research Design document1O is a document written by a City Council appointed
Archaeologist which presents a scientific, precise and well-defmed strategy for the investigation
of archaeological resources on a subject site. The Research Design document shall contain a
clear discussion of the methodology, methods and research questions that will be used in the
investigation. It shall provide an explicit, scientifIC, precise and well-defined plan for the
possible excavation of archaeological sites and for the analysis of all recovered data, with the
exception of Native American reIJ'IainR, which shall not be analyzed or excavated unless prior
permission has been given by the Most Likely Descendents.
Whenever archaeological materials are to be excavated, The Seal Beach City Council shall
require that a formal Research Design Document be written and presented to the Council. The
proposed Research Design document shall be forwarded to the Representative of the affected
Native American tribes, as defined hereinll, the Archaeological Information Center at UCLA,
and shall be posted in a prominent location in the Seal Beach City Hall, and at all libraries
located within the City. These actions shall take place at least thirty (30) days prior to formal
approval of the Research Design document by the Seal Beach City Council. Staff
recommendations, if any, shall have been received by the Seal Beach City Council at least two
weeks prior to agentli7.il1g the vote to approve the Research Design document by the Seal Beach
City Council, and shall include all comments on the proposed Research Design document
received from the representatives of the affected Native American tribes, the Archaeological
Information Center, and individuals and Orgllni7J1tions.
2.A Research Design Document Requirement.
The Research Design document shall include a number of well-defined research
problems. The relevance of those research problems to local chronological or cultural
development or other questions useful to testing propositions of method and theory must
be justified.
The problems must be formulated into testable hypotheses. The data required to test the
hypotheses must be relevant and justified. The methods and techniques used to quantify
and test the hypotheses must be specified. Unless an archaeological site is completely
excavated, probability sampling must be used. The specifIC probability sampling
technique must also be justified.
Other data acquisition methods must also be discussed if they are to be used in the
research program.12
The Research Design document shall propose research questions or hypotheses directed
towaId the provision of new information about the history of Seal Beach.
In addition, the Research Design document must conform to the standaros for Research
Design documents set forth in Archaeological Research Mfl1IQgeme1ll Repons (ARMR):
Recommended Contents and FoTTnllt, (12-89 or most recent edition), a publication of
SOHP; Statewide Interpretative Guidelines, page 92, Research Design, (12-16-81 or most
recent edition), a publication of the California Ccastal C'.ommiRRion; and Draft Guidelines
for .Archaeological Research Designs, (8-21-90 or most recent edition), a publication of
SOHP.
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""- 24, 1992
Resolution Number 4/38
Qry Df SeDl Beach GeMJ'tll Plan
Native American Consultants
This section contains identification requirements to ensure legitimate Native American
representation and involvement in the development of a sound strategy for archaeological and
historical resource management. These requirements provide methods to identify the legitimate
Native American Representatives who shall contribute to the proper management of Native I
American Cultural and Religious Resources. The proposed Native American Representative(s)
must provide the following documentation:
Identification Reouirements
3.A Federal
Bureau of Indian Affairs Documentation of the proposed Representative(s)' Native
American ancestry.
3.B State
Written confirmation of the proposed Representative(s)' tribal ancestry from the
Native American Heritage Commission.
3.C Regional
Letter of concurrence from the elected luaneiio tribe Representative stating that
the proposed Representative is qualified and has(have) been designated or elected I
to represent all tribal members.
3.C.1.
Each proposed Native American Representative must be duly
elected by the members of a Pan-Tribal Council, such as, and
including, the Native American Coalition.
3.D Native .American Monitors and/or Fieldwork Consultant Requirements
3.D.l Monitors must complete a twenty-hour course in archaeological
monitoring methods from an accredited archaeologist as defmed below in
AreluuologU:al Consultants prior to their official appointment.
Archaeological Consultants
All Archaeological consultants, seelrll1g to conduct archaeological investigations within the
jurisdiction of the City of Seal Beach, shal1 be appointed by the Seal Beach City Council,
according to the following standaIds. Each potential archaeological consultant must agree to 1
comply with:
1) The Society of Professional Archaeologists (SOPA) Code of Ethics, most recent
edition. See Appendix B.
2) SOPA Standards of Research Pe1fo1'1Tlll1lCe, most recent edition. See Appendix
B.
These standaIds shall apply to all Archaeological Consultants working in the City of Seal Beach
regaIdless of whether the proposed archaeologist currently holds SOPA membership.
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AqUl 24. 1992
Resolution Number ~I'~~
Oty D/ SeDl BeD"" c;.,neral Pltm
4.A Professi01lJJI Qualijicalions for Archaeological Consultants
Expertise in prehistoric archaeology, historic archaeology, or historic preservation
shall be required during cultural resource studies. The more detailed
qualifications for Archaeological specialists are as follows:
4.A.l PrehistoriclEthnohisloric Archaeology
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4.A.l.l
4.A.1.2
Principal investigator, Project Director or Specialist in
Prehistoric Archaeology shall possess a Ph.D or at least an
M.A. in Anthropology or Archaeology from an accredited
College or University. In addition, helshe shall meet the
requirements for certification in field research by SOPA
and shall demonstrate fllmmllrity with the prehistoric and
ethnohistoric archaeology of Southern California.
Field Supervisor or Crew Chief shall possess at least a
B.A. in anthropology or archaeology and at least two
months' accumulated field experience in archaeological
reconnaissance or excavation on projects where prehistoric
or ethnohistoric archaeological resources were under
investigation.
4.A.2 Historic .ArchaeologylRaearch
4.A.2.1
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4.A.2.2
Principal Investigator, Project Director or Specialist in
Historic Archaeology shall possess a Ph.D or at least a
M.A. in Anthropology or Archaeology from an accredited
College or University. In addition, he/she shall meet the
requirements for certification in field research by SOPA
and shall demonstrate fammllrity with the historic
archaeology and research of Southern California.
Field Supervisor, Crew Chief, or Research Assistant shall
possess at least a B.A. in Anthropology or Archaeology or
History, and at least two months' accumulated field
experience in archaeological reconoaissance or excavation
on projects where historic archaeological resources were
under investigation, or two months accumulated experience
in archival research on projects where historic resources
were under investigation.
4.A.3 Historic Preservation
4.A.3.1
A specialist in historic preservation must possess a Ph.D.
or at least a M.A. in historic preservation and demonstrate
experience in the application of preservation techniques to
historic stnJctures.
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4.B Appointment Procedures for Archaeological Consultants
4.B.l Archaeological consultants shall be appointed by the Seal Beach City
Council.
4.B.2 The Seal Beach City Council may rescind the appointment of an
archaeological consultant prior to the completion of the contract.
4.B.3 The Seal Beach City Council shall require that the following documents
be written and presented by it's appointed archaeological consultants:
a. A Research Design document as described above in Research
Design.
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Resolution Number ~~~
Oty of &oJ Beoeh (h""ral Plan
b. Only in the event that excavation is deemed DeceSsaryl3, an
Excavation Plan shall be prepared in accordance with the
specifications set forth in Archaeological Research Ma1IQgemenr
Reports (A.RMR): Recommended Contents and Format, (12-89 or
most receot edition), a publication of SOHP; and CEQA,
Appendix K, section V.
A Final Report, written to the specifications set forth in
A.rchaeological Resemch Ma1IQgement Repons (ARMR):
Recommended Contents and Format, (12-89 or most receot
edition), a publication of SOHP; and CEQA, Appendix K.
4.B.4 The Seal Beach City Council may reject an archaeological consultant's
final report if it is deemed ;Iladequate, inaccurate or incomplete.
c.
4.B.S In the event the consultant presents a final report that is rejected, an
acceptable report must be submitted before final formal approval of the
requested development entitlements shall be granted by the Seal Beach
City Council.
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_24,11192
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~esolution Number ~~~
Oly of Seol Beach General PlDn
APPENDICES
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Appendix A Definitions
Appendix B Cultural Resources Records Search Quick Check Form
Appendix C Resemch Methods
Appendix D Federal and State Laws and PoUdes, and Tribal Guidelines Concerning
Archaeological and Historical Resources
Appendix E Society of Professional Archaeologists:
Code of Ethics
Standards of Research Perfomumce
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Aqut 24. 1119Z
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Resolution Number ~~~
Oty 01 Seal Beach (kMWll PImt
APPENDIX A
DEFINITIONS
For the putpOses of the Archaeological and Historical Element, the following terms are defined I
below:
1. ACOE shall mean the United States Army COIps. of Engineers.
2. ArchaeologiClll PIau shall mean a location of ancient human habitation containing
natural objects used by humans.
3. Archtuologist sball mean a scientist with a Doctorate or Masters Degree in Archaeology
or Anthropology from an accredited university or college.
4. A1tiftu:t sball mean an object made by humans.
s. lhIseline Su,.,., sball mean a review of all known literature pertaining to cultural sites
for a given area and an inventory of all known site locations and their documentation up
to date of study (for Seal Beach, Stickel. 1990).
6. CIlbriUo, Jrum (1-1543) sball mean the Spanish explorer whose arrival in 1542 signaled
the beginning of the historical period in Southern California.
7.
CCC shall mean the California Coastal Commission, a State agency.
CB(}A. shall mean the California Environmental Quality Act, State legislation.
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8.
9. ChlUlUlSh shall mean the Native American tribe whose territory range is from Malibu
through Santa Barbara to the San Luis Obispo area.
10. Cultural Resources shall mean human-made or utilized sites, artifacts and ecofacts, as
well as human remains.
11. Cultural Resource Management shall mean local, State or Federal governmental control
of cultural resources.
12. CRM shall mean Cultural Resource Management.
13. Dedictlled Cemetery sball mean an area containing burials considered to be a dedicated
cemetery by Native Americans.
14. Development Entitlement shall mean any approval granted by the City to allow for a
change of current land use on a undeveloped site (e.g.: General Plan Amendment,
Specific Plan, Specific Plan Amendment, Zone Change, Conditional Use Permit,
Variance, Subdivision Map Approval [Vesting, Tentative, Parcel], Minor Plan Review, I
Minor Height Variation, Grading Permit, Building Permit, etc.)
15. Eeoftu:ts sball mean natural objects or substallces utilized by humans, e.g.: unaltered
crystals, deer bones, or midtJen shells found on (a) site(s).
16. E1R shall mean an Environmental Impact Report.
17. BQCB shall mean the Environmental Quality Control Board, a City of Seal Beach
commission.
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Aqu:U. 11192
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~esolution Number ~~t9
aly Df Seal Beach General Pion
18. Ethnohistorit: Archaeology shall mean for Southern California, the study of Native
American sites that post-date Cabrillo's arrival in 1542.
19. &ClJVtltion shall mean formal digging of archaeological research units on a subject site,
done according to a formal Research Design document.
20. GabriBlino shall mean the Native American tribe whose territory includes Topanga
Canyon, the San Fernando Valley, and the greater Los Angeles basin, south to Aliso
Creek.
21. Grading shall mean earth removal stage of the construction process.
22. Historian shall mean a professional with a Ph.D. or at least a Masters degree in History
or Historic Preservation from an accredited University or College.
23. Historical Archaeology shall mean for Southern California, the study of Bum-American
sites that post-date Cabrillo's arrival in 1542.
24. /rumeiio shall mean the Native American tribe whose territory includes the Mission San
luan Capistrano area.
25. LiteTfllure Seorch shall mean a review of all relevant information pertaining to cultural
resources on a subject site.
26. Midden shall mean a cultural deposit indiNlting prior human utilization of a resource.
27. Monitor, Nlllin Americtlll shall mean a consultant hired to observe wOIk on a cultural
site or resource.
28. NAC shall mean the Native American Coalition, an organization of Native American
Tribes.
29. NARC shall mean the Native American Heritage Commission, a California boaId.
30. NEPA shall mean the National Environmental Policy Act, federa1legislation.
31. Prehistorit: Archaeology shall mean for Southern California, the study of cultural
resources that predate Cabrillo's arrival in 1542.
32. RepresentDlive, Nlllin Americtlll shall mean the Chairperson or other leader legitimately
elected by a Pan-Tribal OTglIni7ation of Native American Tribes.
33. 116setu'Ch Design docrutUlnt shall mean a formal written document which describes the
scientific plan of research for an archaeological project.
34. Site shall mean a place that yields archaeologica1/historical evidence of past human
activity.
35. Site Survey shall mean an archaeologicalJhistorical inspection of a site. The survey is
conducted on foot or by remote sensing tt'.r.hn;ques.
36. SOHP shall mean the State Office of Historic Preservation, a California governmental
department.
37. SOPA shall mean the Society of Professional Archaeologists, an organization of
professional archaeologists. Members must adhere to the mganization's Code of Ethics
and Standards of Pe1foT71/JUlCe.
38. South Central Coastal Archaeologkallnformation Center (SCCIC) shall mean the
designated Archaeological Information Center for the South Central Coastal region of
California, an agency of SOHP, currently located at UCLA.
11
ArV- . dU 1IIIIl1llltotlall.",..
_U,1ll92
Resolution Number /f/38
QI)I '" SeoJ BeodJ General PIDn
39. Test Phase shall mean that stage of research during which the entire site is tested to
determine archaeological site boundaries, depth of deposits, aboriginal historical materials
represented, time sequence represented, and "significance", which is defmed in CEQA
Guidelines, Appendix K.
40. UCLA. shall mean the University of California at Los Angeles, Westwood campus.
41. use shall mean the University of Southern California, Los Angeles campus.
....
12
ArdrC'lfIJ"-"-llllftlllbtDrlctll me.....r
A.,.. U.lllll2
I
I
..
I
Resolution Number .l/l3B
0Iy of Seal &ach GeMral PImI
APPENDIX B
"CULTURAL RESOURCES RECORDS SEARCH QUICK CHECK" Form
I
.'
Mai1ins Address:
AIdlaeologicalln!onnatiDft Center
UnA Institute of AJdIaeology
Fowler MIIIeWII Df CultwaI History
Lcs Ansel." CA !lOO24-1510
Phone:21.~llI80 FAX:213-~n1
Califomia J?:;;:;;; :Regional
Archaeological '~;.::;. COup Information
I ,. r - ... loa....... C
nventory .c .'.";: _.. enter
., ":,.- -' .
..~...;.' 0" ~ ::"..
..... ...}
..-.. .
Cultural Resources Records Search
Quick Check
Lead Agency:
Pe~it/Projp.ct #:
Case Planner:
Brief Project Description:
Da te :
Attached USGS Quad:
* UCLA ARCHAEOLOGICAL INFO~~TION CENTER IEITIAL RECORDS SEARCH
I I The project area has been surveyed by a professional archaeolcgi!lt
and no cultural resources were founa.
II I The project area has been surveyed by a professional archaeologist
and cultural resources were found.
. -
I I The project area has not been surveyed by a professional
archaeologist but cultural resources are likely to be in the area.
I I The project area has not been surveyed by a professional
archaeologist and cultural resources are not likely to be in the area.
RECOMMENDATIONS
I I A Phase I ** archaeological survey should be done by a professional
archaeologist prior to approval of project plans.
I I A Phase II ** testing program for determination of significance.
I I A professional archaeologist should be retained to monitor any earth
moving operations.
I I No archaeological work is needed prior to approval of the project
plans but a halt-work condition should be in place in the event of cultural
rescurces being discovered during construction.
COr-D-fEN'l'S
I
* This Quick Check does not cover cultural heritage sites, either liSted or
pending, such as historic buildings or points of interest.
*. Phase I survey and Phase II testing includes a complete records search,
field evaluation, and a final report with results and recornmendations.
Date Completed:
Letter attached I I
Signature:
UCLA Staff Archaeologist
(310) 825-19S0
13
Ndr" . ,faIl_lII8<<JtIt:dIm....r
"_24.1992
Resolution Number 4~$
0Iy of SMIl BeodI Ge1ln'tll Plan
APPENDIX C
RESEARCH METHODS
1.
Absolute Dating shall mean the dating of an archaeological site or artifact by using a
known calendar system, (e.g.: a coin with a date) or a chronometric method which yields
an age-date in calendar years.
I
2. Auguring shall mean the use of a small hand tool for drilling sample holes for
archaeological sites.
3. Chnmometrie Dating shall mean the dating of sites or artifacts using scientific methods
which directly quantify the age-date in calendar years, (e.g: radiocartx>n dating, tree-ring
dating) .
4. Magnel6metty shall mean a technique used to search for buried archaeological features
(e.g.: firepits, house structures), using an instrument which records small variations in
the intensity of the earth's magnetic field.
5. MiMmli1JItion Amdyris shall mean a relative dating technique based on the physical-
cbetD;cal change of artifacts over time.
6.
Pollen Sampling shall mean the collection of preserved, minute pollen grains from sites
or artifacts. Because each plant species has it's own unique form of pollen,
archaeological grains can be identified as belonging to each species represented.
ProbGlJility Sampling shall mean scientifJ.Cally-estab1ished methods used to obtain
accurate samples of data from which the nature of an entire population can be described
by probability. For archaeology, the excavation of pits or units selected randomly, so
as to represent the entire site.
I
7.
8. Rtular shall mean a technique in which an instrument called a Ground Penetrating Radar,
("G.P.R.") is used to search for buried archaeological features.
9. Reloti1le Dtlting shall mean the dating of an archaeological site or artifact by placing it's
age relative to other sites or artifacts.
10. Remote Sensing Tee1miques shall mean techniques which use various instruments to
detect archaeological sites or data from a distance. Commonly used instruments include
Air-borne Cameras, Sonar and Magnetometer units.
11. Soil Chemistry Amdysis shall mean the analysis of soil samples from archaeological sites
which records the chemical facts used to define features, including site boundaries and
areas of ancient human activity.
12. Trenching shall mean the excavation of long rectangular holes across a site to explore I
the data, used today, to help define stratigraphy.
....
14
~_lIIIu>rlcIIl_
Aopor 24. 1992
I
I
I
Qty 01 Seoll/eaclr Generol ~
Resolution Number Y.38
APPENDIX D
FEDERAL, STATE, and TRIBAL GUIDELINES CONCERNING
ARCHAEOLOGICAL and IDSTORICAL RESOURCES
Following is a summary of various Federal and State mandates and legislation and preferred
Native American policy concerning archaeological and historical resources. This is not intended
to be an exhaustive listing, more recent court cases may provide clearer definition for some of
the laws and guidelines listed.
1. "Guidelines for Monito1'6IConmllonts of NDlin A>>urictm Cultural, Religious,
IUUl Burial Sites", Native American Heritage Commission, July 10, 1989.
2. "A ReSOU1'Ct1 GuitJefor: Co1'One1'6, Nalin A.merialn Most Likely Descendonts,
City IUUl County Pltume1'6, Property Owne1'6, Develope1'6", Native American
Heritage Commission. February, 1988.
3. "ArchoeologicallmptU:ts", Appendix K, California Environmental Quality Act
Statutes and Guidelines, Governor's Office of Planning and Research, 1986.
4. "Antiquitks Act 0/1906", (p.L. 59-209; Stat. 225; 16 U.S.C. 431-433). This
law provides for the protection of historic or prehistoric remains or any object of
antiquity on federal lands; established criminal sanctions for unauthorized destruc-
tion or appropriation of antiquities; and authorizes scientific Investigation of
antiquities on federal lands, subject to permit and regulations. Paleontological
resources are also considered to fall within the authority of this act.
5.
"Historic Sites Act of 1935", (p.L. 74-292; Stat. 666; 16 U.S.C. 461-467). This
law authorizes the establishment of national historic sites and otherwise authorized
the preservation of historic sites and/or archaeological properties of national
significance; provides the basis for the designation of national historic landmarks;
establishes criminAl sanctions for violation of regulations pursuant to the Act;
authorized interagency, intergovernmental and inteIdisciplinary efforts for the
preservation of cultural resources.
6. "ReSe1?oir StdlltJge Act of 1960", (p.L. 86-521; 74 Stat. 220; 16 U.S.C. 469-
469c). This law provides for the recovery and preservation of historical and
archaeological data, including relics and specimens that might be lost or destroyed
as a result of the constlUction of dams, reservoirs, and attendant facilities.
7.
"NDIioMl Historic PreseTWlJion Act of 1966", (p.L. 89-665; 80 Stat. 91.5; 16
U.S.C. 470). This law declares historic preservation as a national policy and
defmes it as the protection, rehabilitation, restoration, and reconstlUction of
districts, sites, buildings, structures and objects significant in American history,
architecture, an:haeology, or culture, including the encouragement ofprese1'\>'ation
on the state, local and private levels; directs the expansion of the National Reg-
Ister of Historic Places to include cultural resources of state and local
significance, as well as those of national significance; authorized matching federal
grants to states and the National Trost for Historic Preservation for the acquisition
and rehabilitation of National Register properties; establishes the Advisoty
Council on Historic Preservation (ACHP); provides direction in Section 106 for
federal agencies to follow in the event an undertaking affects a property listed on
or eligible for the National Register. As amended (p.L. 94-458, 90 Stat. 1972),
the Act authorizes the Secretary of the Interior to withhold from disclosure to the
public locational information on National Register listings "whenever he/she
determines that the disclosure of specific Information would create a risk of or
harm to such sites or objects." Section 106 of the National Historic Preservation
Act is implemented by regulations Issued by the ACHE (36 C.F.R. 800; and as
15
Ardtar r J' I _1IIItDrICal BlaI8It
."".. :N. 11192
Resolution Number LjEB
CIty of Seal Beach General Pllln
amended in 1980, Section 110 details Federal agency responsibilities for the
identification and preservation of Historic properties).
8. "NflIio1Ull Enrironmental Policy Act (NEPA) of 1969", (p.L. 91-290; 83 Stat.
852; 42 U.S.C. 4321). This law states, among other things, that it is the policy
of the federal government to preserve important historic, cultural and natural
aspects of our national heritage. Compliance with NEPA requires consideration
of environmental concerns during project planning and execution. Procedural
requirements of NEPA are implemented by regulations Issued by the Council on
Environment Quality (40 C.F.R 1500-1508).
I
9. "Executive Order 11593, Protection tmd Enlumce"umt of the Cultural
Environment", 13 May 1971 (36 C.F.R. 8921). Executive Order 11593 asserts
that the federal government shall provide leadership in preserving, restoring and
maintJlilling the historic and cultural environment of the nation; directs federal
agencies to insure the preservation and enhancement of nonfederally owned sites;
directs federal agencies to locate, inventory and nominate to the National Register
all properties under their control or jurisdiction that meet the criteria for
nomination; directs federal agencies to exercise caution during the interim period
to insure that cultural resources are not inadvertently damaged, destroyed, or
transferred before the completion of inventories and evaluations of properties
worthy of nomination to the National Register; and directs the Secretary of the
Interior to undertake certain advisory responsibilities in compliance with the
older.
10. "ArchtleologictJl tmd HistorKal Preservlllion Act of 1974", (p.L. 93-291; 88
Stat. 174). This law amends the Reservoir Salvage Act of 1960 to extend
provisions and provide a mechanism for funding for the protection of historical
and archaeological data at dams and reservoirs to involve and include any alter-
ation of the terrain caused by any federal constroction project or federally
licensed activity or program.
11. "NflIional Register of Historit: PlDus", 10 February 1976, as amended (36
C.F.R. 60). Regulations promulgated by the Department of the Interior which
establishes the National Register of Historic Places and outlines the process for
nominating properties to it.
I
12. "Criteria for Comprehensive Statewide Historic Surveys ad Plans", 21
September 1977, as amended (36 C.F.R. 62). Regulations promulgated by the
Department of the Interior which describes the designation and responsibilities of
the State Historic Preservation Officer, the professional staffing of the state
office, professional qualifications, the comprehensive statewide survey process,
the state historic preservation plan, and protection of historic properties.
13. "Arcluuologkol Resources Protection Ad of 1979", 6lanuary 1984 (32 C.F.R.
299). Regulations promulgated by the Departments of the Interior, Agriculture
and Defense, and the Tennessee Valley Authority which establish uniform
procedures for implementing provisions of the Archaeological Resources
Protection Act of 1979. These regulations enable federal land managers to protect
archaeological resources on public and Indian lands.
14. "NflIio1Ull Historit: Landmtuts Program", 2 February 1983 (36 C.F.R. 65). I
Regulations promulgated by the Department of the Interior which set forth the
Secretary of the Interior's criteria for national significance and the process used
to identify, designate, recognize, and monitor the integrity of National Historic
, .andmuks.
15. "Deurminotions of Eligibility for Inclusion in the NflIiorud Register of Historit:
Pltu:es", 21 September 1977 (36 C.F.R. 63). This role codifies the process
through which federal agencies request and obtain a determination of a property's
eligibility for inclusion In the National Register of Historic Places, to implement
16
Ardf- . p:.I ",., 1IIIrDrll:dl.,.".
,!qUI 24, 1992
Resolution Number 41)'~~
QIy of SMIl BetJch Ch1llJral Pima
Executive Order 11593 and the National Historic Preservation Act of 1966, as
amended.
I
16. "ProUctioll of Historic Prope1ties", 1 October 1986, (36 C.F.R. 800).
Regulations promulgated by the Advisory Council on Historic Preservation which
describe the procedure a federal agency must follow in affording the Council an
opportunity to comment on its undertakings that affect National Register or
eligible properties pursuant to Section 106 and Section I10f of the National
Historic Preservation Act.
17. ftPublic Buildings Coope1'tltive Use Act of 1976", (90 Stat. 2505). This Act
encourages the use of historic buildings as admini~trati.ve facilities for federal
agencies or activities.
18. "The President's MemoJUllllum 011 Environmental Quality IlIUl Wllter Resources
MtlIUlgement", 12 luly 1978. Directs federal agencies with water resource and
related land resource management responsibilities and progmms to publish
procedures implementIng the ACHE's regulations (36 C.F.R. 800).
19. "Amerit:tm lnIliIIn Religious Freedom Act", 1 August 1978 (p.L. 95-341). ThIs
act establishes as policy of the United States protection and preservation for
American Indians of their inherent right to freedom to believe, express, and
exercise their traditional religions, and directs federal agencies to consult with
native traditional religious leaders to determine app.opriate policy changes
necessary to protect and preserve American Indian religious cultural rights and
practices.
I
20. "A.rcIuuolDgiClll Rerources Protectioll Act", 31 October 1979 (p.L. 96-95). This
act clarifies and derIDes "archaeological resources;" prohibits the removal, sale,
receipt, and interstate transport of archaeological resources obtained Dlegally from
public or Indian lands; provides substantial criminll1 and civil penalties for those
who violate the terms of the act; authorizes confidentiality of site location
information; and authorizes permit procedures to enable the study and
investigation of archaeological resources on public and Indian land by qualified
Individuals. The act supplements the Antiquities Act of 1906.
21. "PUulings IlIUl Policy of NatiolUll His/om Presem1lioll Act", 12 December
1980, (p.L. 96-515, 94 Stat. 2987). Amendments to the Historic Preservation Act
of 1966; continues the National Register of Historic Places with properties of
national, state, and local significance; directs the Secretary of the Interior to
establish guidelines for nationally significant properties, curation of artifacts,
documentation of historic properties, and preservation of federally owned historic
properties, prior to alteration; designates a Preservation Officer within each
federal agency; authorizes the inclusion of historic preservation, inventory, and
evaluation costs in project p1l1nning costs; authorizes the inclusion of historic
inventory, evaluation and data recovery in federal licenses and permits; and
authorizes withholding sensitive data oIi historic properties when necessary.
22. "A.rcIuuology IlIUl Historic Presel'Wllioll: Secrelluy olthe Interior's Sttmdatrls
IlIUl Guitklines", 29 September 1983. Sets forth the Secretary of the Interior's
standards and guidelines for archaeology and historic preservation and provides
federal agency personnel and others with technical advice about archaeological
and historic preservation activities and methods.
I
23. "Tm1Jment of ArchuologiClll Properties: A Handbook", 5 November 1980.
ACHE's guide to principals, procedures and methods for the treatment of
archaeological properties to assist federal agencies and State Historic Preservation
Officers in meeting their responsibilities pursuant to 36 C.F.R. 800.
24. "The SecTfltluy olthe Interior's Sttmdatrlsfor Rehtlbililotioll and Guidelinesfor
Reluzbilitating His/om BuildingsH, revised 1983. Provides guidance to assist
federal agencies and others in meeting their historic preservation responsibilities
17
.... r ...Jwal_IIII/DrIt:1al....
bpIt :U. 1992
Resolution Number
L//~;g
Oly of Seol &aclt GeMral PIim
for rehabilitation of historic buildings under federal ownership and control. The
guidelines provide more specific guidance and technical information.
25. .Smtlte Bill 291" (Garamendi), Chapter 1492, Statutes of 1982.
26. "California CotISttIl Ad 011976", Section 30001.5 and 30244.
27. "Native AmeriCIDI Graves Protection ami Repatriation Ad of 1990"
28. . Dro/t Guidelinesfor An:haeologicoJ ResearM Designs" , State Office of Historic 1
Preservation, 1991.
....
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....... . JletIlfllllllll8lDllt:Gl.....
All.... 24. /992
Ory of Seal Beach General Pkm
Resolution Number ~~~
APPENDIX E
SOCIETY OF PROFESSIONAL ARCHAEOLOGISTS DOCUMENTS
I
1.
'Code of Ethics", 15th Edition, 1990.
2.
"Stlmdanls of 116setu'Ch Petfomumce", 15th Edition, 1990.
....
,
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19
AIM . ..U_IIbIIorltxIIBIeunr
.... 24, 1992
Resolution Number ~~~
Oty 01 S<<d Buch (hM1'lll Plan
Code of Ethics,
Standards of Research Performance
and Institutional Standards
CODE OF ETHICS
Archeology is a profession, and the privilege of professional practice requires
professional morality and professional responsibility. as well as professional competence, on the 1
part of each practitioner.
I. The Archeologist's Responsibility to the Public
1.1 An archeologist shall:
(a) Recognize a commitment to represent archeology and its research
results to the public in a responsible manner;
(b) Actively support conservation of the archeological research base;
(c) Be sensitive to, and respect the legitimate concerns of, groups whose
culture histories are the subjects of archeological investigation;
(d) Avoid and discourage exaggerated, miA1eading, or unwarranted
statements about archeological matters that might induce others to engage
in unethical or illegal activity;
(e) Support and comply with the terms of the UNESCO Convention on the
means of prohibiting and preventing the illicit import, export, and transfer
of ownership of cultural property, as adopted by the General Conference, 1
14 November 1910, Paris.
1.2 An archeologist shall mn:.
(a) Engage in any illegal or unethical conduct involving archeological
matters or knowingly permit the use of hislher name in support of any
illegal or unethical activity involving archeological matters;
(b) Give a professional opinion, make a public report, or give legal
testimony involving archeological matters without being as thoroughly
informed as might reasonably be expected;
(c) Engage in conduct involving dishonesty, fraud, deceit, or misrep-
resentation about archeological matters;
(d) Under take any research that affects the archeological resource base
for which shelhe is not qualified.
n. The Archeologist's Responsibility to Colleagues
2.1
An archeologist shall:
I
(a) Give appropriate credit for work done by others;
(b) Stay informed and knowledgeable about developments in hislher field
or fields of specillli7l1tion;
(c) Accurately, and without undue delay, prepare and properly disseminate
a description of research done and its results;
20
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..... 24, 1m
Resolution Number 41.1B
Oty of Seal Beach General PIDn
d) Communicate and cooperate with colleagues having common
professional interests;
(e) Give due respect to colleagues' interests in, and rights to, information
about sites, areas, collections, or data where there is a mutual active or
potentially active research concern;
I
(f) Know and comply with all laws applicable to herlhis archeological
research, as well as with any relevant procedures promulgated by duly
constituted professional organizations;
(g) Report violations of this Code to proper authorities.
2.2 An archeologist shall DQt:
(a) Falsely Or maliciously attempt to injure the reputation of another
archeologist;
(b) Commit plagiarism in oral or written commurdcation;
(c) Undertake research that affects the archeological resource base unless
reasonably prompt and appropriate analysis and reporting can be expected;
(d) Refuse a reasonable request from a qualifIed colleague for research
data;
(e) Submit a false or misleading application for certification by the Society
of Professional Archaeologists.
1
m. The Archeologist's Responsibility to Employers and Clients
3.1 An archeologist shall:
(a) Respect the interests of his/her employer or client, so far as is consistent
with the public welfare and this Code and StandaIds;
(b) Refuse to comply with any request or demand of an employer or client
which conflicts with the Code or StandaIds;
I
(c) Recommend to employers or clients the employment of other
archaeologists or other expert consultants upon encountering archeological
problems beyond her/his own competence;
(d) BxeIcise reasonable care to prevent hislher employees, colleagues,
associates, and others whose services are utilized by herlhim from revealing or
using confidential information. Confidential information means information of a
non-archeo1ogical nature gained in the course of employment which the employer
or client has requested be held inviolate, or the disclosure of which would be
embarrassing or would be likely to be detrimental to the employer or client.
Information ceases to be confidential when the employer or client so indicates or
when such information becomes publicly known.
3.2 An archeologist shall !!Qt.
(a) Reveal confidential information, unless required to by law;
(b) Use confidential information to the disadvantage of the client or employer;
(c) Use confidential information for the advantage of herself/himself or a thiId
person, unless the employer or client consents after full disclosure;
21
ArdIII' rJ.&/QIl tlltlllII6tDrIaIll!larMt
..,... 24. lWZ
Resolution Number L.//.:JIJ
Diy of Seal Beach Generdl Plan
(d) Accept compensation or anything of value for recommending the
employment of another archeologist or other person, unless such compensation
or thing of value is fully disclosed to the potential employer or client;
(e) Recommend or participate in any research which does not comply with the
requirements of the StandaIds of Research Performance.
STANDARDS OF RESEARCH PERFORMANCE
I
The research archeologist has a responsibility to attempt to design and conduct projects
that will add to our understanding of past cultures and/or that will develop better theories,
methods, or techniques for intezpreting the archeological recoId, while causing m;n;mal attrition
of the archeological resource base. In the conduct of a research project, the fOllowing m;n;mum
standards should be followed:
I. The archeologist has a responsibility to prepare adequately for any research project,
whether or not in the field. The archeologist must:
1.1 Assess the adequacy of her/his qualifications for the demands of the project, and
minimize ;nllclequacies by acquiring additional expertise, by bringing in associates with
the needed qualifications, or by modifying the scope of the project;
1.2 Inform himself/herself of relevant previous research;
1.3 Develop a scientific plan of research which specifies the objectives of the project,
takes into account previous relevant research, employs a suitable methodology, and
provides for economical use of the resource base (whether such base consists of an
excavation site or of specimens) consistent with the objectives of the project;
1.4 Ensure the availability of adequate staff and support facilities to carry the project I
to completion, and of adequate curatorial facilities for specimens and recoIds;
1.5 Comply with all1egal requirements including, without limitation, obtaining all
necessary governmental permits and necessary permission from landowners or other
persons;
1.6 Determine whether the project is likely to interfere with the program or projects
of other scholars and, if there is such lilrP.t;hood, initiate negotiations to m;n;m;7e such
interference.
H. In conducting research, the archeologist must follow her/his scientific plan of research,
except to the extent that unforeseen cireumstances warrant its modification.
m. Procedures for field surveyor excavation must meet the following minimal standaIds:
3.1 If specimens are collected, a system for identifying and recording their
provenience must be maintained;
3.2 Uncollected entities, such as environmental or cultural features, depositional I
strata, and the like, must be fully and accurately recorded by appropriate means, and
their location recorded;
3.3 The methods employed in data collection must be fully and'accurately described.
Significant stratigraphic and/or locational relationships among artifacts,
other specimens, and cultural and environmental features must also be fully and
accurately recorded;
22
Ndrr . val tIItIl HiIront:tJlElawnt
Aqut 24. 1m
Resolution Number ~~~
aty 0/ Seal Beach Chrrual Pltm
3.4 All records should be intelligible to other archaeologists. H terms lacking
commonly held referents are used, they should be clearly defmed;
3.5 Insofar as possible, the interests of other researchers should be considered. For
example, upper levels of a site should be scientifically excavated and recorded whenever
feasible, even if the focus of the project is on underlying levels.
I
IV. During accessioning, analysis, and storage of specimens and records in the laboratory,
the archeologist must take precautions to ensure that correlations between the specimens and the
field records are maintained, so that provenience, contextual relationships, and the like are not
confused or obscured.
V. Specimens and research records resulting from a project must be deposited at an
institution with permanent curatorial facilities.
VI. The archeologist has responsibility for appropriate dissemination of the results of
her/his research to the appropriate constituencies with reasonable dispatch:
6.1 Results reviewed as significant contributions to substantive knowledge of the past
or to advancements in theory, method, or technique should be disseminated to colleagues
and other interested persons by appropriate means, such as publications, reports at
professional meetings, or letters to colleagues;
1
6.2 Requests from qualified colleagues for information on research results directly
should be honored, if consistent with the researcher's prior rights to publication and
hisIher other professional responsibilities;
6.3 Failure to complete a full scholarly report within 10 years after completion of a
field project shall be construed as a waiver of an archeologist's right of primacy with
respect to analysis and publication of the data. Upon expiration of such 10 year period
or at such earlier time as the archeologist shall determine not to publish the results, such
data should be made fully accessible for analysis and publication by other archaeologists;
6.4 While contractual obligations in reporting must be respected, archaeologists
should not enter into a contract which prohibits the archeologist from including her/his
interpretations or conclusions in the contractual reports, or from preserving a continuing
right to use the data after completion of the project;
6.5 Archaeologists have an obligation to accede to reasonable requests for information
from the news media.
....
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23
~Iad"""__
...,... 2</. 1992
Resolution Number 4/.:aB
Appendix V11- CEQA Guidelines and Discussions
613
1
Appendix K
ARCHAEOWGICAL IMPACTS
I. CEQA applies to effecIs 011 histDric and prebIstaric an:IIaeoIosicaI R8lIIIJ'CeI.
D. Public: agencies ohoulcl seek to IMlid damasinI effecIs DII aD an:haeoIosIeal resource wbeneftr feasible. If
avoidance is DOlleasible, the imponaDce of the lite sbaII be eva1uated IIIiDB the aiterla outIiued in Section m.
A. 1D-sItu presel\'lltion of a lite is .... p.JerreclIII8IIIH9' of awiding damage 10 an:baeo1ogIcaIlOSOlII'teS.
PreserviDgtheslte islllClJe imponaDttban pteseMng the lIIlifac:tsalone because the telationsbip oftheanlfaCII
10 eachatherin.... site pnwidesvaluable infonDatlon than can be Iostwhen the artIfaCllue removed. Further,
pteseMng the lite Jceqos It avaDable b """" sophisticated fulW'e ....an:h methods. Preservaticm may also
avoid CIIIIfIict with RIigjous Dr cu1tural vaJues "'...... rn-'--' with the lite.
B. AwIdiDg datoqe may be 8CI.'lIIIIpIisb by IlI8IIY approaclles, iDcIucIiDg:
1. PIanuiDg CIllIISlrIIClic 10 miss arcbaeoIogical sita;
2. PIanuiDg pub, greenspac:e, Dr other open ......10 IncIIIporate archaeologlcal sites;
3. "Cappillg" Dr covering an:haeoJog\ca1liteS with a Jayer of IOiI berm. buIIcIing teDIlis CDUItli, parking lots,
Dr IimIIar facilities. Capping may be UIOd .......: .
L 'I1Ie ..ill 10 be cuvered will not IUfI'er seriDuI COJIIpaction;
b. Tbe coveriDg materials ue DOl ch....l<:ally acthe;
Co Tbe lite is rme In wblch ....1I8lUI8I pro, "" r of deterioration baw been eft'ecdveJy mated; and
d. 'I1Ie.... bas been ,-o.ded.
I
4. DeedinI an:baeoIoglca1l1tes InIO penIW10IIt COIIIOMltion ....m""lS.
m. If the Lead Agency derermilles lbat a pnlject may affect aD archaeological resource, the agency sbaII cIetermIne
whether the efl'ectmay be a significant efI'ect on the envirtmment.lfthe pmject may cause clamagelO aD lmponant
an:haeological resource, the project may have a IignificaDt efI'ect on the envinmmenL For the pwplllOl of CEQA.
and "lmponant an:haeological resource" is aae wbicb:
A. Is UIllCiated with aD event Dr peIIllII of:
1. Recognized IigniIicance In CaIifomja ... American bistmy, ...
2. RecognIzed sdeDtific Itaportance In ptehistoIy.
II. Can pnMdelofonnatiDII wblch is bath of demonsII8bIe public: In...... and useful In adcbealng lICientifi<:ally
COJIII!quential and reasonable Dr an:baeoIoglea1 n=sean:h questlons;
C. Has a special Dr panicuIar quality IlIch as oldest, ..... aampIe,latJest, Dr....1UIYivlng aample of ill kind;
D. Is at Jeut 100 ,.... old and Fa....... ..........tialllI'IItlgraphic Integrity; Dr
E. IIIvoIves imporIaIIl n=sean:h questions that blstorica1 n=sean:h bas ......... can be 8IIIweted 0DIy with
an:haeoIoglcal methocis.
IV. JlaD an:baeoIogIcaI resource is not aD lmpanam an:baeo1ogIcaIresoun:e,lIoth.... reIllUft'O and the efI'ect on It
sbaIl be DOted In the initial Study Dr EIR but DeeclDOl be CODIidered funher In the CEQA..........
I
Resolution
Number 4/3B
614
Guide to the Callfomla Environmental Qualltv Act (CEQA)
I
V. lIaVDidllllCeofdle Imponanl atdJaeologicaJ nlIOUJl:e Is _CeuibJe.dIe Lead ~sbouId IDdude an _lion
plan for miliplillg the eft'e<:t of the pnlject onlbe quIllies wbiI:h make 1he .ao...ce Imptmanl WIlIer SecIicm m.
A. II an eII:8V8IllID plan Is ..._ed. It 1ha11:
1. Be a brief IIIIDIII8I)' of the _lion ...u.... u pan of a mIliplion plan;
2. Be avaIIabI. for review cmIy a Deed-1Il-bow buIs;
I. Not IIldude the specific \ocaIicm of any an:haeoIasicaInsoun:es If the plan will be mad. bowD to lb.
aeneraJ pub1lc:.
B. An aeavalion plan may:
1. 1Jst aud brleIIy dlsc:uss the ImponaDt IaI'onIIaIion the an:baeoIozIcaI nsoun:es amtaiD or an! likely to
amtaiD.;
I
2. I!rpJain how the IaI'onIIalion obDuId be recovaecIto be IIIefulIn addrealn8 odeDli/icaJ1y va1id .-n:b
questIaDo aad aIher CIIDI:eIIIS ldemIfied In aubdivisioD (&):
3. I!rp\aID die medlocIJ of ana\1sis aud. It feulI>J.. d/IpIay of _reel materfaIs;
4. Provide for IIDaI zepon JftPU8IIon aud dlsaibulion: aud
5. I!rp\aID the estimated CIIlOt of aud time sequlIed to eamp\ete aD ac:dviIia lIIIdermkm lIIIder die plan.
C. The Lead ~ may "'illile a mlliaalion plan to be carried DIIt U a amcIilion of appruvaI of the pnlj....
VI. A public qency fD1IDWing the federal deannce JII'ClCOIS WIder the NaIiona1 Historic: Pleservalion As:t or the
Nalional Euvinlnmenral Policy Act may use lb. cIoaIlneIIIalion prepared lIIIdertbe federal auldelines ill the place
of dDC\llllelltalion called for in ibis appendlz.
VB. UmIIadcnIa 011 MJdpdDD
SpedalI1I1es apply to miliplillg .....IAcant effects DJlIm)lCld8llt an:baeo1DzicaInsoun:es.
A. If it Is DOt feuJ'bIe to RViIe the pIlljeet to avoid an imponant an:baeD1DzicaI raoun:e. lb. Lead Acency Iha11
require the pnlject applic:an.to.........ree to pay CIIIe half of die cost of mIliplillg the IIpl/iauII eft'e<:t of die
pnljel:t on imponant ardIaeo1clP:a1-
1. III determining the payment to be nquired from the appJic:anl,the Lead ~ Iha11 CDIIIider the In-kind
valu. of pnljel:t design or eIJleftCIiNJeS lDt.nded to pemUl any or all imponant an:baeD1ogIcaJ IaDUICOS
or CaIifDmia Nativl! AmeriCan eull111811y Iipi/ic:aDt siteS to be undlmubed or ~ ill place.
L Ccmsidetalion ofiD-kincl values "- 110I RqUIre a dollar for do11ar set-off apiDst the payment by the
pmject app1iC8llt.
II. III cJedcIIDs on an appn>priale set-off. the Lead Agency Iha11 CDIIIider IUd> factors u whether the
pnlject deslgn or apendirum would provid. other benefilllto the appIic:ant aud whether the design
or apemIitwa required apedaI dIanJes In lbe pmject plans.
I
2. When it dec:id.. to 1:811}' out or aJlPlOft the pmjec:t, lb. Lead Acency 1ha11. if ae<:ess8IY. reduce lb.
mIliplion meaJUIa spedfied In the ElK to tbDse wbiI:h can be funded with:
L 11Ie IIIClIIO)' B\I8I'8DIeed by the pnlj... app1ic:an1, aud
II. Money w\wdariIy pwaI\lIOed by auy aIher penon or petIOIlI!'or the mIIiptIcm.
3. III anler to allow lime !'or inleRSleCl penons to pIOVicIe a 'ftl\UDtary fundina auuanree. the Lead Agency
1IbaJ1_ decid.to 1:811}' out or aJlPlOft a pnljec:t baving a lilnlficanl effect on Imponanl atdJaeo1oglcaJ
__ um1160 days after CIlIIIPIeIiIIg the IIDaI EIR on the project.
4. III lID evoent tbal1 lb. Lead ~ RqUIre ~ appIic:ant -0 pay IIIDI1! !'or mIliplion within the site of the
pnlject tban the foJ1owlna 8IIlDUIItS:
Q
Resolution Number ~~J.?
Appendix VII- CEQA Guidelines and Discussions
615
1
.. One ball 01 cme percmr ollhe pn>Jected CIIIl olthe pmJecr, If the pI1lject Is a CIIJIIIIlen:ial or lDdustrial
pn>jecL
... TIIree lilurdJsof_ percmrollhepn>jecled Cllltolthe project forallGullnB project IlDIIIIstIIIg 01 one
unit.
c. lIa bc>usiug project CIIIIIIisIs ollllCft dwI ODe lIIIit, duee I'ourths 01_ pen:enl olthe projec:tl!d CIIIl
ollhe fim lIIIil plus !be IUID ollhe l'olIawiIIg:
(0 $200 per unit for any ollhe IlClIt 99l111ilS,
(ji) $ISO per lIIIil for any 01 the IlClIt 400 lIIIilS,
(Iii) $IC11lperunlt....lIIIiISln_olSOO.
B. UIIIess special or IIIlIISIIal c:iratmstances WUl8DI an aception, the field acavation phase 01 an approved
mitiption plan obaII be completed within 90 days after the appli<lllll teceMs the finalappnlValllecessaty to
beJin Jlb7slcaI deveIopmenl 01 the project.
1. With a phued pmJecr, themitiption measures obaII be completed within 90 clays after approval is 8J'llIIted
for the phased )lD1'Iion to wbicb the specillc mitiption _ apply.
2. 'J1Ie pn>ject appIicaDt caD oIect to ell1md the time IImIIS for completiD&!be field acavadcm phase 01 the
approved mitigation plan. .
3. A mitiption plan sha1I not authorize violation of any law pn>tee:Ilng American IDdian cemeteries.
C. I!zcaYation aspanolamitigallon plan sball be IHlricted to those pans olan impemanl an:baeolozic:al taO\II'Cl!
thaI would be damaged or destrOyed by the project lIlIIesslpec:ia1 c:iratmstances ftQ1IiIe limited acavalion 01
an immediately adjacenllltell in order to develop important iDformatIcm aboul the pan of the ftSOun:e thaI
would be cIestrOyed.
D. l!zcaYation as mitipliOD sbalInot be RqUired for an imponanl an:haeoJoaical taO\II'Cl! /I the Lead ~
determines thaI testIna or IlUdies already completed have adl!Quateiy teCOVUeCI the scientifically consequen-
dallnfonoatioD f'mm and about the raoun:e, provided thaI the detel1llination .. cIocumemed in the EIR.
E. 'Ibe limitations on m/tiptioD shall not apply to:
1. Apublicproject iftheLeadApnc:ydecides tocomplywithotherprovlslons olCEQA thatapplytomitigation
of IiJnilicant effects, and
2. Aprlvate pn>ject /lthe applll:anl and theLead~ jolmIyeJec:t tocomplywith otherpmvlsions olCEQA
that apply to mitigation olli8nific:ant effects.
P. 'Ibe time and CIIIllimitatioos descn"bed In this oec:tion do IIOt apply to suneys and site evaluation activities
lntaded to determine whether the pn>jl!Ct Jocation contains an:haeoIozic:al_, and if 10, whether the
an:haeoIozic:al_ "'" Important as defined In this appendix.
1
VDL DLhou._, ofHIIIDIID D___I...
A. III the event 01 discoveJyorrecosn1tion 01 any human temaIns In any Jocation otherthan a dedic:ated cemeteJy,
theJeoball be nofuttberacavationordisturbanoe ol!be lite or anyaeuby IIteII reasonablysuspec:ted tooverlie
a&ljacent human temaIns until:
1. The conmerofthe COUIltyln which thetemains "'" discoven:d has been Informed and has determined that
DO lnvestlption of the cause 01 death Is lequlzed, and
2. II remains are of Natlve American 1lri8In,
.. The desc:enclanlS f'mm the deceased NatlveAmericans have made a RCOIIlIIll:IIdltioD tothelandowner I
or the petSOD tespClIlSlble for !be acavation work, for means 01 trating or disposins of, with
appropriate dignity, the human remains and any assoc:lated JII1Ive soocIs as pnlVided In Public
Ilesounzs Code Section 5097.98, or
.
I
I
1
Resolution Number ~~~
616
Guide to the California EnvIronmental Quality Act (CEQA)
b. The Nalive AmerIcan Herl. CommissIon wu UMble 10 Idendf'y a descendant or the descendant
faiJed 10 make a RCDtIlJIIendation witbitl24 bows after beinl notified by the .......mi..ion.
B. Where the foUowIns cmuIIdODS oa:ur. the landowner or bls authorized .epra...talive shaD rebwy the Nalive
American human remains and associated grave soods with appropriate digDity on the prDpelly In alocadon
not subject 10 funher subsutfiu:e distutbam:e.
J. 'l2Ie Nalive Amerkan Heritage Q>mm''''"" isllDllble 10 Identify a ~-~.nt;
2. The d............. identified fails 10 make a ~tion; or
3. 11Ie landowner or bls authorized repzuentadft tejects the teCIIIIUIIeIllIadon of the descendant, and the
medi; :on by the Nalive AmerIcan Hen. Commission fails 10 pJOVide _ acceptable 10 the
land~.. nero
,
C. If the human remains are disc:overeci before the Lead AIIency bas 6nished the CEQA pr<<us. the Lead AlIenO)'
. shoD work with the Nadft AmerIcan Herlrap Commission and the app\ic:8nt 10 develop an agreemenl for
Ul!atina or disposing, with appropriate dignity. of the human remains and any associated pave soods. Aaion
impIemenlina such an ...-m is exempt from:
1. 11Ie aenetaI pIOb!bidon on dislnteriD& cIistwbina. or RIIlllVins human remains from any location DlIler
than a dedicated cemeteJy (Health and Safety Cade Section 7050.5).
2. The requirements of CEQA and the Coastal Al:t.
IX. As pan of the objectives. criteria. and ptOCedures required by Section 21082 or 8$ pan of conditions Imposed for
mitigation. a Lead Agency should make ptOVisiolts for archaeoJoeiaIlileS accidentally distovered during
construc:lion. These pmvisIODS should include an Imm'!di&le evaluation of the Iind. If the find is delenDlned to be
an imponant archaeologiallaOUl'Ce. contingency funding and a Iim. aIIotmen! suflident 10 aUow t1!COVerIng an
an:haenlosical sample or 10 employ one of the avoidance _ should be avaiIabl.. Constntl:lion work could
CIllltinue on other pvu of the buiIdiD& site while an:haeoJosical mitiption l8kes pIac:e.
N_,
Authoritycited: Sections 21083 and 21087. Publicllelourc:esCade; Reference: Section 705O.S. Health and SafetyCade;
Sections 5097.98, 21001 (b) and (e). and 21083.2, PubUe IleJoun:es Cade; SDI:U~forClllifomilJArdltuDlogy.. Coun~
ofBlIlte. (1977) 6S CaJ.App. 3d 832.
.
DI8e:aaaIOD'
This appendix tesponds 10 problems that IuM! arisen In applying CEQA 10 archaeoIosical mourc:a.1n some areas of
the ...te. fuU _dODS of archaeoJosicalliteS have been required for nearly -.y lite discavered within the trlIct
wh.re a ptOj.ct would be I_ted rqardless of the fmponance ofth.llleS. As a result, federal ollicials have IIClIed thaI
in CEQA dOCl1ments they IuM! found descriptions of archaeological excavadons ofsites thaI would not be regarded 8$
Imponanl enough 10 call for eii:avation under fed.ra1 Jaw. m Is ezperience bas shown a need for ell8b1isbing Il8IIdards
10 guide agencies in deddlnl whether a lite would be Impotum enough to call for analysis under CEQA.
WhiI.thaeluM! been\lll!blems in som.pansofthe...... an:haeologicaJ lmpactsbavebeenhandJedwell in otherareas.
MendoclnoCountyand S~lIa IlaIbara CountyespedaUyhave been DOted for the aceUenceoftheirmethods ford.aIing
with archaeological resources. This appendiz does DOt ~ a will'onn I)'Item It8teWide 10 thaI successfu11oca1
prolft8llll can continue.
11Ie UIIIIOCeIS8riIyIarze Dumber of .....vations bas .....lnwlved an II1IIleCOSS8I)' con/Iict with Nadft American values.
NaIfioeAmerlc:ansbavebeen uprerbypeopledigging up the remains ofthelrancestorll. WhI\e an:baeoIogycan be carried
out In conjunction with Native Americans, 8Dd bas been done IUcceafiJUy to help Nadve Amerlc:ans loam about their
ancestoJS. 100 often excavadODS IuM! been carried OUI without concern for the IenSItlvities of Nalfioe Americans. 11Ie
approaches desatbed in this appendix should red_ the conflict with Native AmerIcan vaIua c:oncemIng protection
of buriahites.
/U1 iDlponanr prindple In this appendix is III. emphasis'on avoidance of an:haeologialllleS. Awidance is discussed
as a way of avaicIlq a llpificanl Impact In the lint place. thereby ....bIing a pnlject 10 qua/ify {or a N.plfioe
Resolution Number ~~
Appendix V11- CEQA GuIdelines and DiscussIons
617
1
Declanllon. Wheno die propelled projecllncludes I pDtenlill Impact on I IIle.lYoldance Is .Ugesled U I prererred
mllIalllon meuure where all other factDrl Ire equal. III project can be a1lered 10 avoid I lite, the CDIU and delays
Involved in an ardlaeolozical u....lIon mlY also be lvoided, and thenowould be no Inlerference with NIlIve American
IeIIIIdvities. PoIIible meth0d5 ol lvoldance are IiIled in order 10 zive people Ideu or bow 10 pIOCftd. tbese methods
are IlOI udurive IIld could be supplellleoud by ocbcr IIlClbocIs II the option ol!be Lead Alen.".
'Ibe Ippendlz also IcIead&es .,,-hoIlI for desermllllna Ibe Imponante ollbe ardlaeolozical site and pnMdes thai I
proje<:lwouJd have lJianifit-letI'ect on the envitonmenllfil would eause dlllllse 10 III ImpolWll ardlaeoloslcal sIle.
'I1>ese lIaDlIards are In keepIfts wlIh !be elfOlU In a:QA 10 fo<ur CD QDilicanI eHectl rather Iban on all effeClS. 'I1>e
.....danIs are an efl'ontofocusaolTClleeolosicalresaurces thai people wouIcI senerally IJPftare Impoftllllratherlblll
requ!rinB plDleClionol all ardlaeo1ozical re5Il\1m!S. 'I1>e SWIdards are consislenlwlth Ibe IIIIldards Included InAB 952
(Deddeb), Chapter J623 olthe SrItuw ol J982. 'Ibe Ippendix uses the WIll "impolWlt" ardlaeolozical resources
ralber !ban "wIIque" ~caI reoources In order 10 use tennlnolozy more closely rellud 10 accepted sclenlilic
lIIIIe. 'Ibe aubswlc:e olthe lIIIlCIards remains consisIeIIl wllb Ibe 1riJI despite Ibe cbanae In libel. .
tbe IppendlseDCOIIIlISU the preparellim or III u....tion plan In ID EIR u one ol sewraJ possible mllIaltionmeuures
for destnlclioll or damase 10 III ardlaeoloslcallire, tbe tlClYlllioD pIIIlls III ell'on 10 Icbleve peller precision In Ibe
ways In wblc:lllDY DKIeSIIIY ataVIdon would be flnied OIIL tbe u..vation plan would PUI I burden on Ibe
ardlaeolozist 10 ezpIain the lmponBDCe or dlelile IIld 10 demonstrale how Ibe proposed uea..tion wouId.erve some
pubUc IntereSl. tbe elements listed for III UCIIvltion p1l1lare suBBested bul nol Rquirecl. 'Ibis Ipproach allows Lead
Aaeneies 10Dlcevariour Ipproaches In u..vation pllllS. 'I1>e plans are inlended 10 shih Ibe burden 10 the ardlaeolozist
10 demonslrllle Ibe necessity for III u....tion rather Iblll requbins I .wr worker in the Lead Alen." 10 deal with
tmfOCllSecl dairns orthe impolWlce ol Ibe site. 'I1>e Resources Alen." hu received Information susseslins thll planners
worldn8 for Leld Aleneies have hid difficulty In naluatinS dairns from upen archleolopsu demlndina Ibll
UCllVldOll be allowed. 'I1>e UCII..don plan Rquiremenl is desisned 10 aIleviale thai problem.
To conform 10 die recenlly enacted Assembly Bill 952. Chapler 1623 ol the StaMes or J 982, the Ippendix Idenlilies
various restriClions 011 arcbHolozical mllIaltion and COSIlimitations on archleolozical mltiSltion. 'I1>ese restrictions
Ipply 10 the CE.QA P_. and people implementins Ibe Act need 10 be made Iware orlbem. 'I1>e Ippendix reorsllllzes
and darilies Ibe limitallons IIld Idds inlerpll!lItions with I kw subjecu from Ibe bill such u offsets IIld Ibe 6O-day
delly In IpprovaI'aIier complelin& Ibe EIR.
1
The Ippendix also IIIISeslS ways ror Leld Aleneies 10 slllldardize Ibelr methods or dealins with archaeoloBical
resolUCU. The methods could be Included within mitisation meuures in EIRs or included in Ibe CEQA procedures
which IIllsen." Is RquirecllO Idopl by Section 21082 or the PubUc ResoIUCU Code. The Ippendix also encourases
Lead Ageneies 10 deal with Ibe problem or unezPected siles which IDlY be discovered dllrina CORSlNction. tbe Ippendix
does nOI mandlle lilY particu1ar wlY 10 deal with this .ilWltion.
The Ippendix aIsoreneClS Ibe protections recently enacted In Senile BiIl297lGlI'II1lendi), Chapler 1492 orlbe Statutes
ol1982. for humlll remains discovered dllrina ueavltion lithe human remains are olNative American orisin. special
rules IIld pnx:edures apply. The rules IIld prooedures are induded here because Ibey are so closely relaled 10 the
~eoIozical Ictlvities discursed In this appendix.
I
Resolution Number !/I.JIJ -
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'i
Resolution Number ~~~
I
NATIVE AMERICAN GRAVE PROTECTION ~ REPATRIATION ACT
PUBLIC LAW 101-601
SEC. 1. SHORT TITLE
This Act may be cited as the -Native American Grave Protectio~ a~d
Repatriation Act".
SEC. 2. ~ErINIrIONS
For purposes of this Act, the term--
(11 -burial site. ..ans any natoral or prepared physica~ locatic~,
whether originally below, on, or above the surface of the earch, !~to
which al a part of the death rite or ceremony of a culture, ir.~vi~u.l
h~~n remain. are depesited.
12) .coltoral affiliatio~. means that there is a relatie~lhi? c!
shared group identity which can be reasonably traced historically Or
prehiltorically between a present day I~dian tr~be or ~ative Hawaiia~
or;an1%ltion and a~ identifiable .arlier 9ro~p.
(:0) .coltural it.ellls. _ans h=.an rell'.ains ~--
I
IA) .associated funerary objects. which sha~l mean ob:ec:s
that, as a part of t.he death rite cr ceremony of a c~lt~re. are
rea.onab~y believed to have been placed with ~ndivid~al hOIl'.an
renains either at the ti:e of death cr later, a~d both the h~~.n
remainl a~d a.loeiated funerary objecta are prese~tly i~ the
possession or control of . federal agency or ~ose~ except that
other items exclusively made for burial purposes or to centain
hu=an rell'~ins shall be censidered as as!cciate~ funerary ob1e:cs.
I
IS) .unassociated fu~erary objects. which shall mean ec:ec:s
that, as s part cf tbe death :ite or eere~ony o~ a e~lture, ere
reasonably believed to have been placed with i~~ivid~al hu~~n
remains either at the ti=- of death or later. where the re~~ins
are not in tbe pes session or eo~trol of t~e Federal agency cr
museum and the object. can be identified by a Freponderance o! t~e
evidence s. related to apecific individuals or fa=ilies or :0
known h~~n ~~~ains or, by a preponderance of tbe evidence as
having been ~e=eved from a apecific burial site of an indiv~d~al
culturally affiliated with a particular Indian tribe,
(CI .,acred objects. which shall mean Ipecific cere~o~ial
Obiects which are needed ~y traditicnal Native ~~rican reli9ic~s
leaders for the practice of traditional Native AIl'.rican relisicns
by their present day adherent., and
(0) .cultural patrimcny. which shall ~an an object ha~ir.9
ongoing historical, traditional, or cultural i=portance central to
the Native American group or culture itaelf, rather than property
owned by ,n individual _ative L~rican, and which, t~e=efore.
cannot be alienated, appropriated, or conveyed by any individ~.l
regardless of whether or not the individual is a member of the
Indian tribe or Hative Hawaiian organi&ation and luch'ob;ect I~.ll
have been considered inalienable ty such Native American ;:oup at
the ti.. the object was leparated frc~ loch group.
Resolution Number ~Jf~
-2-
I
(4) -Federal agency- means any department, agency,
instrwnentality of the United States. Such term dees no:
Smithsonian Institution.
or
inclu:!e the
CS) -Federal lands- means any land other t~&n triba~ lands which
are controlled or owned ~y the United States, inc~~~n; l&n~ .elected ~y
but nct yet conveyed to Alaska Native Corpcratio~s and ;ro~p. organized
pursuant to the Alaska Native Claims Settlement Ac: of 1971.
(6) .Rui 11&1&11''' I Na Kupllna 0 Hawai'i Nei" ",.ans the nonprofit,
Native Hawaiian organizaticn incorporated under the laws of the State of
Hawaii ~y that nL~ on April 17, 1989, for the p~rpcse of prcviding
guidance and e.pertise in decisions dealing wit~ ~ative nawaiian
cultural issues, particularly burial issues.
(7) .Indian tribe- _ans any tribe, ban':!, nation, or ether
organizad group or community of Indians, !nclu:!inq any Alaska Native
Villa;e Cas defined in, or esta~lished pursuant to, the Ala.ka Native
Claims Settlement Act), which i. recognized as eligible for the special
programs and .ervice. provided by the United Stat.. to Indien. becau.e
of their atatu. a. Indian..
CII .museum- ..ans any in.titution cr State or lccal governr.4nt
agency Cincluding any in.titution of higher learning) that receive.
rederal fund. and has possession of, or contrel over. Kative ~~ric&n
cultural items. Such term doe. not include the S~~th.onian Instituticn
or any other Federal agency.
I
191 .Native American" lI'..ans of, o:r relating to, a tribe, pec;:le,
or cu:ture that i. indigenous to the Cnited States.
CIO) -Native Hawaiian~ ~an. any indivi~~al who is a de.cendant of
the aberiginal people who, prior to 1778, cc:~pied 6n~ exerci.ed
.overeignty in the area that now constitutes the State of Hawaii.
111) -Native Hawaiian organization" =ea~. any o~qanization whic~--
CA) .erves and repre.ent. the i~tare.ts of Native Hawaiian.,
services to Native Hawaiian., and
CBI ha. as a p:rimary and stated p~rpose the provisien of
.ervices to Native Hawaiians, and
lei has experti.e in Native F.aw.iian Affairs, and shall
include the Office of Hawaiian Affair. and Hui Kalama 1 Na Kupuna
o Ha..ai':\' Nei.
(12) .Office of Hawaiian Affaies- mea~s the Cffice of Hawaiian
Affai~. e.ta~lished by the con.titution of the State of Hawaii.
(13) .right of po.....ion. ..ans possession obtai~.d ..ith the
voluntary consent of an individual or grou? t~at ha~ authority of
alienation. ~he original acqui.ition of a Native ~~rican f~nerary
object, aacred object, or object of cultu~el patrimony fro~ an Indian
tribe or Native Hawaiian organization with the vol~nta~y consent of an
individual or group with authOrity to alienate such cb;.et is dee~ed to
give right of po.se..ion of that o~ject. The o:iginal acquisition cf
Native American h~.an remains ..hich were excsvated. exhumed. or
oth.rwi.e obtained with full knowledqe and e~nsent of the next of kin o~
the Official governing body of the apprcp:iate culturally affiliated
Indian tribe or Native Hawaiian organizatien is dee~4~ to give right of
po.s..sion to those remain..
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Resolution Number ~~~
-3-
~
114) -Secretary- ..ans the S9cretary of the Interior.
115) -tribal land- means--
IA) all lands within the exterior boundaries of any .ndian
~.se:vation:
IS) all dependent Indian communities:
IC) any lands ad~~nistered for t~e benefit of ~ative
Hawaiians pursuant to the Hawaiian How.s C~ss1on Ac~, 1920, an:
section 4 of Public Law 86-3.
SEC. 3. OW1~RSHIP
Ca) NR~ivR Ampr~e~~ M,,~.~ R.~~i~~ A~d ~h~.~t~ --:he cwne:ship 0:
control of Native ~.rican cultural items which are excavated or disco?ered en
Federal or tribal lands after the date of enactment of this Act shall be Iwith
priority given in the order liste;l--
11) in the case of ~ative American h~.an re~~ins and associatec
f~nerary Objects, in t~e lineal descendants o~ the Native American: cr
12l in any case in which such lineal descendants cannot be
ascertlined, and in the case of ~nassociated !~nerary Objects, sacred
Objects, and objects of cultural patrimony--
IA) in the Indian tribe or ~ative Hawaiian organizlt~en en
whcse tribal land such objects 0= rema~r.s were disccvered:
IS) in the Indian t~be cr ~ative ~awaiian organizatien
which has the closest cultural affiliaticn with such re~ains er
objects and which, upon net ice, states I claim :cr such re~ains c:
objects: or
IC) If the cultural affiliation c! the objects cannot be
reasonably ascertained and if the objects were discovered on.
rederal land that is recognized by a final judgment of the .ndian
Claims Co~~ssion ~r the United States Court cf Clai~s as the
aboriginal land of scme Indian tribe--
III in the Indian tribe that is recognized as
aboriginally occupying the area in which the objects were
discovered, if up~n notice, such tribe states a cla~~ fer
such rar.ains cr objects, or
121 if it oan be shown by a rreponderance of the
evidence that a different tribe has a atronger cultural
relationship with the remains or objects than the tribe or .
organization specified in paragraph 11), in the Indian trite
that has the strongest demonstrlted relaticnship, if upon
notice, Buch tribe states a clai~ for euch remains or
objects.
Cb) nn~l.(~~ ~~~;v. .~.r.~~~ M"~.n ..~~4~. .~~ ~~~.~~-- Ka~ive
~~rican cultural ite~~ not claimed under subsecti~n la) shall be disposed c~
in accordance with regulaticns promulgated by the Eecrata=y i~ ccnsultati~n
with the review co~ittee eatablished under secti:r. 8, Native Ameriean qreups,
representatives of museums and the scientific c~unity.
Resolution Number ~/~
~-
I
(c) Jn~__"~f~ft.' r.V-~.VA~~nft ."~ ..~~v~, ~. N.~~v_ &m.p4~~~~~
..~.~~~ ."~ ~h~.~t~ -- The intentional removal from or excavation of N.:!~e
American cultural items from Federal or tribal lands for purposes of
discovery, study, Ot removal of su~h items is pe:mitted only ~f--
111 such items are excavated or'removed purs~ant to a pe=r..lt
issued un~er section 4 of the Archaeological ~sources Protecticn A:t of
1979 C93 Stat. 721, 16 U.S.C. 470aa et aeq.1 which shall be consis~e~t
with this Act;
C21 euch ite~~ are excavated or removed after consultation wit~
or, in the case of tribal lands, consent of the appropriate lif a~~l
Indian tribe or Native Hawailan organization,
131 the ownerShip and right of control of the disposition of such
lte~~ shall be as provided in subsections Cal and C~I, and
141 proof of consultatlon Ot consent under paragraph 12) is shown,
(c) T~a~v~~tp.~t ~;~~~~A-~ nf NA~ivp- &~.~~~a" ~.~.~~_ A~~ nh~.~.c.__
III Any perscn who knows, or has reaSCn to know, that such person
has discovered Native Ar..rican cultural it~~~ on Federal or tri:al lsn~s
after the date of enactment cf this Act shall notify, in writi~q, ~~e
Secretary of the Depar~ment, or head of any ot~er agency or
instr~.ntality of the United S~ates, having pri~ry ~naqe~nt
authority with respect to Federal lands and the appropriate Indian ~rite
or Native Hawaiian organization with respect to tribal lands, if k~=wn
or readily ascertaina:le, and, ln the case of ~ands that have been
selected ~ an Alaska ~ative Co=poration or greup organized pursuant to
the Alaska Natlve Claims Settlement Act of 1971, the apprepriate
corpor~ion or group. If the dlscovery occ~r:e~ in connection w~th en
activity, including I~~t nct limited tol constructien, :ininq, leggin;.
and agriculture, the person s~all cease the activity in the eres c: t~e
~iscovery, make a reasonable effort to protect the ite~s discevere~
be~ore res~ng s~ch activity, an~ provide notice under t~is su=sec~ion.
Following the notification under this subsection, and upe~ certifieation
by the Secretary of the department or the head of any egency or
inst~~ntality of the United Stat.s or the appropriate Indian trike or
Native Hewalian organization thet notificeticn has been received, t~e
activity may res~ after 3D days of auch certification.
I
(2) The disposition of and centrol over any cultural it.~s
excavated or removed under this subsecticn shall be dete~~ned as
provided for ln this section.
(3) If the Secretary of the Interior consents, the
responsibilities Cin w~ole or in partl under paragraphs 111 and 121 e~
~be Secretary of any department Cother than the Depart~ent of the
%nteriorl or the head of any other agency or instrumentality may ba
delegated to the Secretary with respect to any land ~.nage~ by suc~
other Secretary or agency head.
Ce) ..'4ft""l~hm-n~ -- Nothing in this section shall prevent the
governing body of an Indian tribe or Kative Hawaiian organization frcm
expressly relinquishing control over any Native American human remains, or
title to or control over any funerary object, or sacred object.
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Resolution Number 4/.3t!l
-5-
SEC. 4. ILLEGAL TRAFFICKING
la) JII_DAl Tr'fflrk;~a.--Chapter 53 of title 18, United States Cede,
is emended by adding at the end thereof the followin; ~ew seetien:
-Sec. 1170. Illegal Trafficking'in Native ~~erican H~~an Re~ains
and CQltural Items
-(al Whoever ~nowingly sells, PQrchases, uses for profit, or
transportS for sale or prOfit, the hun~n remains of a Native
American without the right of pcssessien to these re~ains as
provided in the Native ~~erican Grave pretection and Repatri.tio~
Act Ihall be fined in accordance with this title, or imprisoned
not more than 12 months, or both, and i~ the case of a lecond or
subsequent violation, be fined in accordance with this title, or
imprisoned not ~re than 5 years, or beth.
-Ibl Whoever knowingly sells, purchases, uses fer prcfit, or
transports for sale Or profit any Native ~rican cultural ite~s
obtained in violation of the Native American Grave protecticn an~
Repatriation Act shall be fined in accordance with this title,
imprisoned not more than one year, or both, an~ in the case cf a
second or subsequent vielation, be fined in acccrdance with this
title, imprisoned not more than 5 years, Or beth.-.
(b) ~.h'. e. ~^~~~~~-.--The ~abl. of co~~er.~s fo: cha~ter 53 of title
18, United States Code, is a~~nded by adding at the end thereof the following
new !~e:=.:
-1170. Illegal Traffic~in9 in ~ative American H~,an Re~!ns and
Cultural lte~~.".
SEC. 5. Ito"VENTORY FOR H'.:Y.A!I' ~IN5 1.l.'W AS!jC:A~E!l rt'~:U.ARY 03.:'ECTS
-
(a) T" r..~.~.l --Each F.~e=al agency .~~ each =~seum ~hich has
possession or control over holdings or celleetiens of ~ative ~~~rican h~~an
r~.&ins and asseciated funerary objects shall compile en inventory cf such
it~-5 and, to the extent pes sible based on infermation pessessed by s~eh
muse~, Or federal agency, icer.tify t~e qeo;raphica1 and cultural affiliat~on
of au ell i te."lI.
(b) R~qpi~_m.nt~ --(11 T~. inventories and identifications re~.irec
u.~d.r sUbsection (a) ahall be--
(AI co~pleted in consultation with tribal gover~r.~nt and
Native Havaiian organization officials and traditional re1i;io~s
leader!;
151 cc~p1eted by not later than t~e date that is 5 years
after the date of enactment cf this Act, and
(CI 'made available both c~rin9 the time they are beir.g
conducted and afterward to a review committee established under
a;,ct1on 8.
(21 Upon re~est by an Indian tribe or ~ati~e Kawaiien
organi.ation which receive. er shou;d lla~e recei~ed notice, a museum Or
federal agency shall supply addit10na: available documentation to
supplement the infcrmation required ~y s~bsection 1.1 of this sectio~.
The term -documentation" means a su~a=y of existing ~use~m cr Federe1
agency r.co~ds, including inve~tories ~= c.t.leq~e5, re~evant s~u~ies,
or other pertinent data for the limite~ p~rpese ef deter~~nin9 the
geographical origin. cultUral affi1iaticn, and basic facts surroundinq
. Resolution Number ~~~
-6-
1
acquisition and accession of N.tive Americ.n h~,.n.~emains .nd
associ.ted funer.ry objects lubject to thil section. Suc~ term does not
me.n, and this Act Ihlll not be construed to be .n autho.iz.tion fo.,
the initiati~n of new scientific Itudies of such ~emlins and asscci.ted
fun....y objects o~ othe~ me.ns of acqui.ing o. F.eserving additional
Ici.ntific information f.om luch ~.mains and objects.
Cc) ~x~.n~;~" ef ~f~ .~p T~v~~~~pv -- A~y mus.um which h.. mad. a
~004 faith effort to ca.ry out an inv.nto.y and ia.ntification :nde. this
lection, but which h.s been unable to compl.te the process, say appeal to the
Sec~etary for an extension of the tift. ~.quire~.nts set fo.th in I=bsection
(b) (1) IBI. The Secretary may extend such time ~e~~irements for any luch
muse~' upon a findinq of ~ood f.ith effo.t. An indication of good faith Ihall
includ. t~. development of a plan to c.rry OUt the inventory and
id.ntification proce.s.
(d) Ne.lfl~..l~" --Ill If the cultu.al affiliation of any pa.ticul..
N.tiv. Ame.ican human ~L,.ins or associated fun..ary cbjects il dete==ined
p=.suant to this section, the Federal agency or museum concerned Ihall, nct
later than 6 months efter the compl.tion of the inventory, notify the aff.cted
Indian t~ibes or N.tive HawaiiL~ organizations.
121 The netice r.quir.d by parag..~h III sh.ll include
infoErdtion--
IAI which identifies .ach N.tiv. ~~.ican human re~air.s o.
asscciated funera.y objects and the'circur.~tanoes surrcunding its
acquisition;
1
IB) which listl the h~~n re~ains or associated fune.a.y
obj.cts that a.e clearly identifiab~e as to tribal ori~in; .nd
(CI Which lists the N.tive ~~rican hur.~n remains and
ass~ciated funerary objects that are not clearly identifiable as
being cultur.lly affilieted with that Indian tribe Cr Kative
Hawaiian organization, but which, given the tctality cf
circ~~tances s=.rounding acquisiticn of the remains or cbj.ots,
a.e d.termined by a reascnable belief to be remains or objects
cultu.ally affiliated with the Indian t.ibe or ~.tiv. Haweiian
organization.
(31 A copy of each netice provided ~nder pe=agraph III shall be
aer.t to tbe Secreta.y who sh.ll ~lish each notice in the Federal
Re;ister.
ee) T~v.~~~.v.--For ~h. p~rpose. of this section, the term -invent cry..
~ana a sim~l. ite=!z.d list that summarizes the information celled for ty
this aectio~.
SEC. 6. S~Ry'rOR UNASSOCIATED F'JNERARY OBjtC:S, SACRED OB:ECTS, A~~
CULTURAL 'ATRIMONY
lal T~ r..ft.~.' -- Each F.de.al agency o. museum which ha. poss.ssion 1
or control OVer holdings or collections of ~ativ. ~~erican unas.ociat.d
~unerary objects, .ac.ed obj.ct., o. objects of cultu.al p.t.imony .hall
provide a writt.n lumma.y of such objects besed upon available i=forw,ation
h.ld by such agency o. museum. The summary shall desc.ibe the scope of the
collection, kin~s cf obje:tS included, reference to geo~.aphlcal location,
means and period of acquisiticn and cultu.al affili.tion, where readily
.sc.=;a~nable.
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Resolution Number 4/-'8,"-'
-7-
Ibl R.~,I~.~ftt_ -- III The s~~~y ~e~~i~ed unde~ subsection (al shill
be--
IAI in lieu of an object-by-object inventory I
III followed by consultaticn with t~ibal 9ove~nment Ind
Nltive Hawaiian crgani&ation officials and t~aditional ~eliiious
lesde~sl and
(el completed by not late~ than the date that is 3 yea~s
after t~e date of enactment of this Act.
(21 upon request, Indian tribes and Native Hawaiian or9aniratio~s
shall hive access to records, catalogues, ~elevant studies o~ othe~
pe~tinent data for the limited pu~poses of determ1ning the geog~a~hic
origin, cultu~al affililtion, and blsic facts .u~:ounding acquisition
and Iccsssion of Native Ame~ican objects subject to this section. Such
information shall be F:ovided in a ~elsonable &anner to be agreed ~pcn
by all Futies.
Si.C. 7. UPATJl.IA':ION.
:. (I) R.~I!!:"""~tio!\ t"Jf Ib."4v. am,u.i~..." ,h'-An Jt@mlld."'~ .nd
Oh~A~~. ~~~._~..~ ~~ ~"~~r^"~rl ~y ~.~.r.' .~~~-i&~ A!\d Mu~.e~_
III If, pu~suant to section S, the cultu~ll affililtion of Na~!ve
J\.~~ican h~n ~emains and associlted fun.~I~y objects with a pa~tic~l.=
Indian tribe or Native Hawaiian 0~9anir.tion is .s~.blished. then the
rede~ll Igency o~ ~~se~~, uFcn the re~~est of a kncwn ~inell d.scen~ant
of the Native ADerican o~ of the t~ibe c~ 0~9aniration and pu~s~ar.t to
.ubsections lbl and (el of this .ecticn, shall expeditiously ~et~~n such
~L~ins Ind associated fune~ary object~.
121 It, ~rsuant to .ection 6, the cultu~al affiliaticn with a
FI~ticula~ Indian t~ibe o~ Kative Hawaiian o~g.niraticn is shewn with
respect to unassociated funer.~y objects, sacred objects o~ objects of
cultu~ll patrimony, then the Fede~al agency or ~seum, ~pon the re~~est
of the Indian tribe or Native Hawaiian orglni&ation and pu~suant to
subsections Ibl, leI and leI of this .ection, shall expeditiously return
such objects.
131 The return of cultu~al items covered by this Act ahell be in
~on.ultltion vith the requesting lineal descendant or tribe 0:
o~gani&ation to determine the place end =anner of delivery of s~ch
it-ems.
141 Where cultural affililtion of Native Americln h~~n remains
and funerary objects has not been .sta~liah.d in an inventory p~.pa~ed
pu~.uant to section 5, or the a~,ary pursulnt to ..ction 6, or whe~e
Kative American h~~an ~emains and fune=.ry objects are not included upon
any such inventory, then, upon ~equest and pu~s~lnt to subsections lbl
and leI and, in the else of ur.associated fune~lry objects, subsection
leI, such Nltive Ame~ican h~.,.~n re#~ir.s and fune~a~y objects .hall be
expeditiously retu~ned where the requesting Indian t~ibe o~ Native
Kawliian o~gani&ation cln .how cultu~al affiliation by a preponde~.nce
of the evidence based ~pon geQ9rlphica:, kinship, biolo;ical,
a~chaeological, anth~opcloiical, linguistic, folklo~ic, o~al
traditional, bi.to~ical, o~ other relevant info~tion or expert
. . .
cF_n~cn.
Resolution Number ~~~
-8-
I
IS) Upon EequeSt and pUEsuant to subsections lbl, lcl and eel,
aacEed objects and objects of cultuEal patEimony shall be expediticusly
~eturne~ where-- .
eAI the ~e~~esting paEty is the direct lin.al des=.n~.nt ef
an individual who owned t~e sacred cbject:
181 the Eequeating Indian tEibe or Native Hawaiian
oEganization can show that the object was owned Or ccntrolled C1
the tEibe Or organization: OE
leI the Ee~~esting Indian tEibe OE Native Hawaiian
oEganization can Show that the .acEed object was owned Or
controlled by a membeE theEeof, pEovlded that in the case where a
.acred object was owned by a ~ber thereof, there are no
identifiable lineal descendants of said mettbeE OE the :i~eal
descendants, upon notice, have failed to tt4ke a clai~ fOE the
object under this Act.
Ib) ~~'~r.~!~ir. S~"dv -- If the lineal descencant, Indian trite, OE
Native Hawaiian organization re~~ests the return of cult~rally affilia~ed
Kative Att~Eicen cultvEel ite~s, the FedeEal agency o~ muse~~ stall
expeditiously Eeturn auch ite~ unless such ite~~ are indispensable fcr
c~~~letion of a specific scientific study, the c~tccr.~ cf which wc~ld be cf
~jOE benefit to the United Stetes. S~ch items st.all be ~eturned cy no :ate:
than SO days afteE the date on which the scientific study i. co~le~ed.
1
(eJ g~~~~~.~ n~ R.~A~~48.'~n -- If a known lineal des=.~dant or .~
Indian t~ice or Native Hawaiian orga~ization re~es~s the Eet~rn o~ Native
American unassociated funerary objects, sacEe~ objects or cbjects of cult~:al
patrimony pursuant to this Act and ~resents evidence w~i=h, if standing alcne
be~ore the introd~cfion cf evidence to the cor-tEary, wo~ld '~rport a fi~~i~~
that the Fede~al agency Or ~~se~~ di~ not ha~e the right of possession, then
such agency o~ muse~ shall return s~=~ objects unless it can ove:=~e s~eh
inference and prcve that it has a ri;ht of pcssession to tte cbjects.
(d) S~R~~~n ~. t~fo~.~i~~ ~v ._~.~~, ~e..~~4.~ _~~ ~,...u~~ -- Any
redeEal agency Or muse~ .hall share what information it does possess
EegaEding the object in question with the knc~~ lineal descendant, Indian
tribe, or Kative Hawaiian oEgenizaticn to aasist in making a claim under t~is
aection.
tel ~~e~inn ~l~i~ -- WheEe there are multiple re~Jesta for
repatriation of any culture 1 item and, after co~plying with the re~Jire~r.ts
of this Act, the Federal agency cr m~seum cannot cleaEly determine which
requesting party is the mOat appropriate clai~ent, the aqency or museUD ~ay
retain such itL~ until tha raquesti~; paEties av:ee upon its dispcsition cr
the dispute is otherwise resolved pUEsuant to the provisions of this Act cr by
. court of compe~ent juri.diction. .
If) MU._UM n~'ift~~i~" -- Any ~~.eum ~bich ~.pat~i.t.. any i~.m i~ 90~d
faith pursuant to this Act shall not be liable for claims by an ag;rieve~
party or for clai~~ of b~each of fiduciary duty, p~blic tEust, or violations
of state law that are inconsistent with the provisions of this ACt.
I
s&c. e. aEVI&W COMMITTEE
tal ~~.Ahli~~~n~.--Within l2~ ~ays after the date of
ensctment of this Act, the Seeretary shall esta~lish a cc~~ittee to monitor
and review the implementation of the inventory and identificaticn process an~
~epatEiation activiti.. ~.quired under sections 5, , and 7.
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Resolution Number '1131)
-9-
Ibl ~.m~r.hle.--11I The Committee .stablished under s~bsection lal
shall be composed of 7 ~~rs,
IAI 3 of whom shall be appointed ty the Secretary frc~
nominations subw~tted by Indian tribes, Native Hawaiian
organizations, and traditional N.tive ~~rican religious lea~ers
~ith at leas: 2 of such persons being traditional Indian =eligic~s
le.ders;
(S) 3 of whom s~ell be appointed by the Secretary f:t~
n~nations aubmitted by national museum organizations ar.d
acientific organizations; and
(CI 1 who shall be appointed by the Secretary frem a list cf
persons developed and consented to by ell of the ~~rs appci~te:
pursuant to subparagraphs (AI and 181.
(21 The Secretary may not appoir.t Fedaral o:ficers or
employees to the co~~ttee.
131 In the .~ent vacancies shall occur; such vacancies s~~ll be
filled by the Seczetary in the aame manner as the origin.l appoir.tr..~t
within 90 days of the occurrence of such vacancy.
141 Members of the co~~ttee established ~nder subsecticn lal
shall setve without pay, but shall be reimbursed at a rate e~al to :~e
daily rate for GS-le of the General Schedule for each day lincludin;
travel time) for which the member is actually er.gaged in Cc"~jttee
business. ~ac~ ~r s~all ~eceive travel expenses. incl~din~ ?er die~
in lieu of sUDsister.ee, in accordance with secticr.s S702 a~d ~i03 c~
title S, Unite~ States Co~e.
Icl aesponsi~ilities.-- The committee established under s~~secticn (al
shall ~e responsible !or--
111 designating on. cf the members of the ecmm!ttee as chai~an;
121 monitoring the inventory and identification process cond~cted
under sections 5 and 6 to ensure a fair, o~jective consideration and
assessment of all available relevant info~~tion and evidence;
131 ~on the request of any affected party, reviewing and ~aking
findin.. related co--
IAI the identity or cultural affiliation of cult~ral i~e~s.
or
III the return of such item,;
141 facilitating the resolutionpf any disputes .~ong Indian
tribes, Native Hawaiian organizations. or lineal descendants and Fe~eral
a;eneies or museums relating to the return of such items including
convening the parties to the disp~te if deemed desirable;any affecte~
party, reviewing and making findings related tC--
Resolution Number -1I/aR
-10-
I
(51 compiling an inventory of cYlturally unid.~tifia~l. h~an
zemains that are in the possession or control of each Federal a~ency a~d
museum and reco~er.ding specific actions for developing a process fOr
disposition of su~h remains:
161 cons~lting with Indian tribes end Native Ma~aiian
organizations and ausewms on matters within the scope of the work of t~e
committee affecting such tribes Or orgznizetions;
(71 consulting with the SeCretary in the develoF~~t of
regulations to car:y out this Act;
(8) performing such other related functions as the S.cretary ~~y
assign to tbe c~~~tee; and
191 making recommendations. if appropriate. zeqarding future care
of cultural it~~ which are to be rapatriated.
(dl R@~~-~~ a~~ ~'~~'~os --Any r.cords and findings ~ade by the review
committee p~rsua~t to this Act relating to the identity or cultural
affiliation cf any cultural items a~d the return of auch items may be
adr.~ssible in any action brought under section 15 of this Act.
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Ce) ..e~w~~~.~~~~~ .~d ~.~~~t --T~e c~tte. shall ~~ke the
recommendations under paragraph fc) 15) in cc~sultation with Indian tribes and
Native Hawaiian organizaticns and appropriate scientific a~d museum ;rou~s.
(fl a~~..~ --The Secretary .hall ens~r. that t~e comr..it~ee ..~ablis~e~
under aubsecticn fal and the members of the co~tte. have rea.cnable access
to Native Aroerican cult~ral iter.~ under rev;ew a~d ~o as,ocia~ed .cie~tific
and historical documents.
(9) n,,+i@!I o~ ~@....~@t...v --Tbe Secretary shal1--
(11 establish such rules and re;alations for the cc~ittee as ~ay
be necessary. and
f21 provide reasonable administrative and staff s~pport nec....ry
for the d.liberatio~s of the committee.
Ihl .~n..a) R.pnn> --The committee .stal:>lishee under lu!:.section I.)
shall sUbmit an annual report to the Convress on the progress made, and a~y
barriera encountered, in implementin; this section during t~e previous year.
IiI ~.~~!na~~~n.--Th. cemmittee esta~lished unde~ su~section lal s~all
te~nate at the end of the l20-day period beginning on the day the Secretary
certifie.. in a report .~tted to Congr.s., that the work of the co~tt~e
has been completed.
iEC. 9. PE:"ALTY
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eal '.nA].Y.~- Any m~seum that fail. to comp:y ~ith the requirements
of this Act may be asseased a civil pen.lty by the Secretary cf Interior
pursuant to procedur.s established by the Secretary throu9h re~ulati~n. A
penalty assessed under thiS .ubsection ahall be determined on the record a!ter
Resolution Number 4'/~~
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-11-
opportunity for an agency hearing. Each violation under this subsection s~.]l
be a aeparate offense.
(b) A...II~''''t' n- P.~.'''v. --the amount of . pen.lty a.sessed unc!er
subsection (al shall be dete~ned under regulations prom~l;ated p~r.~ant to
this Act, taki~g into account, in addition to other factor.--
(1) the archaeological, hi.torical, or commercial value of the
it8l1l involved:
121 the damAges Buffered, both economic and nonecono~~c, by an
aggrieved pany, and
(31 the ngmber of violations tbat have occurred.
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(el A~,.i~"~ ~~ ..~^v.~ P.".1+i.~ --If any mus.~~ fail. to Fay an
assessment of a civil penalty p'~rsuant to a final order of the Secretary that
has been issued under a~section (a) and not appealed or after a final
judgment has been rendered o~ appeal c! such order, the Attorney General ~ay
institute a civil action in an .appropriate district court of the United States
to collect the penalty. In such action, the validity Ind amount cf such
penalty shall not be subject to review.
(dl ~"!on"..-.~ --In heldn;s held pursuant to sl:bsecticn (I), subpoe,..as
may be issued for the attendance and testimo~y of wit~esses and the producticn
of relevant papers, books, and documents. Witnesses so s~oned shill be ~aid
the sa~ fees and mileaqe thlt are paid to witnesses in the courts of the
United States. .
S!:C. 10. GIW::S
Ca) ,~~;.~ ~r~h~. A"~ ~.~~v. ".wA;i~n n~~."47.t':~~~ --:he Secretary is
authorized to ~.ke grants to Indian tribes and Native Hawaiian organiraticns
for the purpose of a..istin; such tribe. and organizations in the repatriation
of ~ative American cultural items.
(bl M.,....,'"~ --The Secretary is authorized to Il'.ke grants to m,ueu",s
for the purpose of assisting the muse~~ in conducting the i~ventories and
identification required under aection. 5 and 6.
SEC. 11. SAVI~GS PROVISIOKS
Nothing in thia Act ahall be construed to--
I
(11 limit the authority of any Fa~eral agency or mu.e~~ to--
(A) return Or repatriate Native American culturll lte~~ to In~ian
tribe., Native Hawaiian or;an1zatlon., or indivi~uals, and
(Bl enter 1nto any ether aGreement w1th the consent of the
culturally affiliated tribe or organizatlon a. to the dispo.lt1o~ o~. or
control over, items coverad ~y this Act;
121 delay action. on repatriation requests that are pendln;
on the date of enactment of thia Act:
131 deny or otherwise affect acce.a to any court:
Resolution Number ~~~
-12-
(4) limit any proc.~ural Or substantive right which may
otherwise be secured to individuals Or Indian tribes Or Native
Hawaiian organizations; Or
(5) lim1t the application of any State Or rederal law
pertaining to theft or stolen property.
SEC. 12. SPECIAl. RELAUONSHIP BET"..'EEN FEDERAl. GOVEP......".E:NT AND INDIAN TRIBES
This Act reflects the uniqQe relationship between the re~eral
government and Indian tribes and Native Hawaiian orgaro1zations and .hould not
be construed to establiah a pr.cedent with re.pect to .ny other individ~al.
org.nization Or foreign government.
SEC. 13. REGULATIONS
The Secretary shsll promulgste regulations to carry out this Act
within 12 ~nths of enactment.
SEC. 14. AU'l'HOIUZATION or APPROPiUATIONS
Th.re is authorized to be appropriated such a~~ .. may be nec....ry to
car~ out this Act.
,
SEC. 15. E~:Ol'.CE.!u:NT
The Unit.d St.~es district courts shall have ~urisdiction over any
action brought by any person alle;inq a violation of this Act and ahall have
the authority to issue such ord.rs as :~y be necessarJ to enforce the
provisior.s of this Act.
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Resolution Number ~~~
36 Cn. Part 800:
Protection of Historic Properties
Regulations of the
Advisory Council on Historic Preservation
Governing the Section 106 Review Process
Advisory Council on Historic Preservation
Effective October 1, 1986
Resolution Number 4/38
36 eFR PART 800:
PROTECTION OF HISTORIC PROPERTIES
The OIiozed _",il'll/IMOII/Iion.
.. /II/1II'If11d 10 aid IhI f8Idet /II
Irx:Ibng IegU/Irory /DpICI. They IfIt
nor I pan of 1M fatma/l8gullriOI'lS.
Whet 5106 requires of Federal
agencies
What 5110(f} requires of Federal
agencies
Accommodation of historic
preservation concerns and
neet1s of Federal undertakings
EerIy integration of 5106 into
PfOJICl planning
5106 panlClpanrs
Consultlllg parties
Federal agency's general
responSlbil.t,es
SHPO's general responsibilities
The texl itnmedll/ely belo., WIS pubhsh.d '" tile Federal Regist.r on
Seplember 2. 1886 (51 fR 31115). IS 36 CfR Pall 800. "P'Olecl,on of
HIStoric PropetlJes " Tllese fltgu1lllon. go""", the S'C/lOn 106 _"N pro-
C8SS estab/ishld by /he NltlfJ/Ill HistorIC Pres'Nllion Act of 1966. a.
am.nded.
I
SUBPART A-BACKGAOUND AND POLICY
800.1 Authorities, purposes. and participants.
(a) Authorities. Section 106 of the National Historic Preservation
Act requIres a Fede'al agency head with jurisdiction over a
Federal. federally assisted. or federally licensed undertaking to
like into lCOum the effect.s of the agency's undertakings on prop.
erties included in Dr elIgible for lhe Nationel Register of Historic
Pieces and. prior 10 epp~oval of an undertaking. 10 afford the
Advisory Council on Historic Preservation a reasonable opportunity
10 comment on the undertaking. Section 110(1) of the Acl requires
that Federal agency heads. to the maKlmum eldem possible.
undertake such plannll':g and ections as may be necessary to
minimize harm to any National Historic Landmark that may be
dirlClly and adversely affected by an wndertaking and, prior to
approval 01 such undertaking. afford the Council e l'lIasonable
opportunity to comment Tnese regulations define the process
used by a Federal agency 10 meet these responsibilities. cem.
monIy called the Section , 06 process.
(b) Purposes of Ihe Section 106 process. The Council seeks
through the Section 106 process to accommodete historic preser-
vation concerns with the needs of Flderal undertakings. It IS
designed to idantify potential conflicts belween the two and to
help resolve such conflicts in the publIC interest. The Council
encourages this accommcdation through consultatlQn among the
Agancy OIIlcial. !he Stale Historic Preservation Officer, and Dlher
interesled persons during Ihe early IIages 01 planning. The Coun-
Cil regerds Ihe consuKation process as an effectIve means for
reconciling the interes:s of the consulting parties.
Integration of the Section '06 p,ocess into the normal adminls-
Irat,ve process used by egencies for project plannIng ensures
early, systema~c conSideration ot hisloric preservation issues To
thIS end, the Council encourages agencies to eKamine their
administrative processes 10 see that they provide edequately for
the effIcient identification and consideration 01 historic propertIes.
that they provide for pallicipatlon by the Stale HIIIollc Praserva-
lion Officer and olhers ''llereSled in hislonc preservalton. thaltnlY
prOVide for timely real.:es:s lor Council commont, and that they
promOle cost-effecllve implementation ollhe Section , 06 process.
When impedoments are fcund to eKlst In the agency's admin-
istratlv' process. the agency is encouraged to consult w~h the
Council to develop sae:&lll SectIon 106 procedures suited to the
agency's neads.
I
(c) PartiCIpants in the Section 106 process.
(') Consuh'"ll partlflS. CO'lsulting parties are the pnmary partlCI'
pants In the SeClIon 106 process whose ,esponSlbrtllles are
dellned by these regulations ConsultIng partIes may Include
(i) Agency Oftrcisl The Agency Ofhcial with jurisdlClion over
an undertaking has legal responsIbIlity lor complying with SeCllon
106. 11 IS the responSIbIlity oltne Agency OlI,cial to IdentIfy end
evaluate alllCled historic proDertJes. assess an undertakIng's effect
upon them. and afford tne CouncIl lIS comment oppollUMlly. The
Agency OIhcial may use Ihe serVIces 01 grantees. applICants. con.
sultants. Dr deSIgnees to preDare the necessary information and
analyses. but remains responSible for Section 106 compliance.
The Agency OIIlclal should involve apollcants for Federal
asslslance Dr approval In tne SectIon , 06 process as aDpropna!e
in the manner set forth be!ow.
(Ii) Slafe HIStone Preservation Officer. The Stale Historic
Preservation OlIlcer coordinates State partICipation in the imple.
mentation ot the Nationa! HIstoric Preservation Act and is a key
partiCipant in Ihe Section 106 Drocess. The role of the SlIte
HIstoric Preservation OlIicer is to consuK wnh end assist the
Agency OlIiclal when identllying histo,ic properties, assessing
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Council's general
respol'lSlbilit1es
Interested persons' partIcipatIOn
Local governments'
pa,.Jc1pat,on
I
Federal applicants' participation
Indian tribes' partir:ipatfon
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Public participation
Resolution Number
~/38
effects upon t"em. and considering a~ernabves to evoid or reduce
those effects. The State Hlstonc Preservation Officer relleels the
interests 01 the Slate and its Clbzens in the preservation 01 their
cultural heritage and helps the Agency OffiCIal identify those per.
sons interested In an undertaking and ~s effects upon historic
properties. Whe" the State Histonc Preservation Officer declines to
participate or does not respond within 30 days to a wrillen request
for partIcipation. the Agency OffICial sha!1 consu~ with the Council
Without the State Histonc Preservation OffICer. to complete the
Seclion 106 process. The Slate HistoriC Preservation Otflcer may
assume primary responSIbilIty lor reVIewing Federal undertakings
in the Statl! by agreement with the Council as prescribed in Sec.
tion BOO.7 01 these regulal:ons.
(iii) Council The Council is responsible for commenting to the
Agency Officia, on an undertaking that affects historic properties
The offICial authorized to carry out the Council's responsibilrtles
under each prOVISion 01 the regulations is set Iorth in a separate,
internal delegation 01 authority.
(2) Interested persons. Interested persons are those organiza.
tions and indiVIduals that are concerned with the effects 01 an
undertaking on historic properties. Cenain provisions in these
regulations reau:re that particular interested persons be invrted to
become conSulting parties under certain circumstances In addi.
bon. whenever the Agency Official, the State Histonc Preservation
Officer, and the Council, if participating, egree that active par.
tlClpatlon 01 an ,nlarested person will advance the ob/8CIlV8S 01
Section 106 they may inVite that person to become a consulting
party. Interested perso"s may include:
(I) Local governments Local governmen\s ere encouraged to
take an active rOle in the Section 106 process wnen undertakIngs
affect hIstorIC p'opertles Within their junsdlction. When a local
government has legal resPo"slb"~y lor Section 106 compliance
under progra~s such as Ine Community Development Block Grant
Program, panlC,pation as a consu~lng party is required When no
such legal responSIbility eXists. the extenl ollcea, government par.
ticipation is at the discrellon 01 local government offlClllls. IIlhe
Stale Historic Preservation Olllcer, t~e apP'oproa'e local gover".
men!. and the Council agree, a local government wnose nlSlonc
preservation program has been cell,r,ed pursua.,t to Section
101(C)(1) ollhe Act may assume a"... oll"e duties thll ere glVan
to the Stale H,storlc Preservation Officer by tnese regulallons or
thaI onginate Irom agreements concluded under these regUlations.
(ii) Appficsnts for Federal assistance. permits, and hcenses.
When \he undenaklng subject to raview under Section 106 IS pro-
posed by an applicant lor Federal assistance or tor a Federal par.
m~ or rocense, the applicant may d>oose to part'cipate in the Sec.
tion 106 process in the manner prescnbed in these regula. Ions
(lill Indian tribes. The Agency Offrcial, the Slare Historic
PreservatIon Officer, and the Council should be se'lSitlve 10 the
special concerns 01 Indian tribes in histonc preservation issues,
which olten alClend beyond Indian lands to otner hlstonc proper.
ties. When an undenaking will altactlndian landS, the Agency
Officlal shall inv~e the governing body 01 the responSIble trobe to
be a consulting party and to concur In any agreement. When an
Indian tribe has established formal procedures relatIng to historic
preservation. the Agency OffICial, Stale Historic Preservation
Officer, and Council shall, to !he extentleasible, carry out respon-
sibilities under these regulations consistent With such procedures.
An Indian tribe may participate in activities under these regulaliorlS
in lieu of the State Historic Preservation Officer with respect to
undertakings affecting rts lands, prol/lded tha Ind.an tribe so
reQuests, the State Historic Preservation Officer concurs. and the
Council finds that the Indian tribe's procedures roI8et the purposes
01 these regulations. When an undella;'lng may affect propenles 01
historic value to an Indian tribe on non.lndlan Ian os, \he consulllng
parties shan afford such tribe lhe oDPonuMy to partlclpete as
Interested perso.,s. Traditiona: cultural laaders a!'1d or."er Nallva
Arnericans are considered to be interested persons WIth respect to
undartakings that may affect hIsIorlc properties 01 SIgnificance to
such persons.
(Iv) The public. The Council values the views 01 the publIC on
historic preservation questions and encourages maxImum p:Jblic
participation in the Section 106 process The Agency OIIiclal. In
the manner described below, ana the State Historic Praservabon
Olllcer should seek and consider the views Of the PUblIC when lak.
Ing S1eps to identily histonc properties, evaluate effects, and
develop a~ernalives. Public partiCipatIon in the Seellon 106 pro-_
Resolution Number 4;~
,IIfI/IIons
"Act"
"Agency OffICIal"
"Area 01 potenual effecrs"
"CounClI"
"HlSlOnC property"
'.,d,an lands"
"Indian Ulbe"
"Interested person"
"Local govemment"
"'NatlOflBl Historic Landmark"
.'National Register"
"National RegISter Critena"
"Secretary"
cess may be fully coordinated with, Ind latisfled by, publiC par-
ticipaf'on programs carried ouf by Agency OffiCials under the
authorit~ 01 the National Environmental Po/icy Act Ind other pert_
nent statutes. Notice to the publIC under these statules ShOuld
adequately in10rm the PUblic of pr.servallon Issues '" order 10
ehcit pubhc views on such issues Ihal can then be eorllider.d and
resolved. when possible. in d8CIsionmaking Memcers of the
public w~h interests in an undertaking and ilS effects on Iltsloric
properties should be given reasonable opportunity 10 nave an
8clive role in Ihe SectIon , 06 process.
I
800.2 Defjnitions.
(I) "Act' means the National HISloric Preservat'o'! Act 0' '9~6 as
amonded. '6 U.S.C. ii 470-470w-6
(b) "Agency OffICial" mEans the Federalagenci head or a
designee With authOrity over a specif,c 'Jndertak.ng il1Cludillg any
Slate 01 lOCal governmenl oll,cial who has beell delega!ed lega!
respOIlS'bdllY for comDllance with Secllon '06 and Sect,o" "O(~
,n aCCOrda'lC8 w.t" law
(c) .'Area 01 potential eflects" means the geoor~.: area or areas
within which an undertai<ing may cause changes .n the character
or use ot hlSlOnC properties. if any such DrOpenle! exist.
(d) "CounCIl' means the Advisorl Council on HISloric Preservation
or a CO\,;ncl1 member or employee designated to ae! lor the
CounCIl.
(e) "Hislollc propeny" means any prel1lstoric or historic distllc!.
&Ile, buddIng, suucture, or object included in, or eligible for inclu-
sion in, the lIIallonal RegIster. This term includes for Ihe purposes
01 these regulat'ons, ertllacl$, records. and rem airs that are
related to and located Within such properties. The lerm "elilO'ble
for inclUSion In the National Register" includes bo:h propeotleS lor-
mally determ:ned as such by the Secretary of the Inlerior and all
other properties that meel National Register !Isting cr~ella
(I) "Indian lands" means all lands ullder Ihe juriSdIction or control
of an IndIan t"be
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(9) "Indian tribe" means the governing body 0' any India" t';be.
band. nation or other group that is recognized as an indlall tribe
by the Secretary of the Intellor and for wt.ich Ihe U"ited States
hOlds land 1M trust or reSlncted status lor that entijy or rts
members. Such term also Includes any Native viDage corporat,o".
reglona, corporalion, and Native Group established pursuant 10
the Alaska Native Claims Settlement Act, 43 U.S.C. 11601, et S8Q
(h) "Interested person" means those organiZations and individuals
thaI are concerned With the effects 01 an undertaking on l1istollc
properties.
(I) "local government" means a c~y. county. pansh. fownshlp
munIClpal~~. DOrough, or other general purpose political subdivi-
sion of a SIale
01 "Nationa: Historic Landmark" lT1E'ans a hisloric property Ihat the
Secretary of the Inlellor has designated a Nat.onal Histolle
Landmar;..
(k) "Nationai Register" means Ihe National Registe' of HIstorIC
Places malmallled by the SecretalY of Ihe Interior.
(I) "NatIonal Registe' Clltella" means the cllleria estabhshed by
the Secretary of Ihe Inlerior for use in evaluating Ihe elig'bihty of
properties for the Nat'onal Register (36 CFR Part 60)
(m) "Socretary" means the Secretary of the Interior
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"SHPO'
..UnI1ertllking"
How the 5106 process works
Scope of the fegulations;
.ltematlve methods of meeting
5106 requirements
Procedural flexibility
Timing of the 5106 process
Allowance for nondestructive
planning "efofe the 5 1 06
process is completed
'.
,.
'. ~.,
" ".'"
Resolution Number 4/.38
(1'1) "Stale Historic Preservat.on OHlcer" means ttle offICial
appoinled or Clesignated pursuant to SectIOn 101(b)(1) 01 ttle AC:
to ad"."n'sler Ihe Slale IIISlori: preservahon program or a
"oresenla!ive designated 10 act lor lhe Slate H,stOhC Presetvat'on
~oCCr.
(0) "Underta~ing" maans any projeel. aaivlly, or program thaI can
resull in cnangBs in lhe character or use Of histonc propanres. .
any such h'stonC propel'lles are lOCated .n lIIe area 01 DOIent,a,
e!lecIS. The project. 8ClIVny. or program must be Under tne eIIreel
or indirect jurisoiction of a Faderal agency or licensed or ass:sted
by a Federa: agency. Undertakings .nclude new and COnlinuin;
projec:ls. activities, or programs and any of their e'ements not
previously col'ls,derltd under Section 106.
SUBPART B-THE SECTION 106 PROCESS
800.3 General.
(a) Scope. The procedure In this subpart guides Agency Officials.
Slate Historic Preservation OIIlcers. and the Council In the conduct
of the Seclion 106 process. Alternative methods of meeting Sec.
tlon 106 obligations are found in Section 800.7. governing r8VIew
of unlen8!lings in Stales that have entered into agreements with
.ttle Council for Section 106 purposes. and Section 800.13,
QOvsming Programmallc Agreements with Federal agencies thr.
pertain to specific programs or acIivilJes. Under each 01 these
methods. the Council encourages Federal agencies to reach
Igreame'" on developing a1lernalJves or measures to avoid or
r,rduce aftec:s on historic: propertJes that meet both the needs 01
the undertaking and preservation concerns.
(b) Flexible IPplicatlon. The Council recognlzes that the pro-
cedures for the AgerlCy Official set forth in these regulllions may
be implemented I:)y Ihe Agency on'C1al In a nexlllle manner r8ftect.
inrJ Clillering gragram requirements, as long as the purposes Of
Section 106 of the Act and these regulatiOns are met.
(c) Timing. Saction 106 requires the Agency Official to complele
the Section 106 process pllor to the approval oIlhe axpendlture
of any Federal funds on the undertaking or pllor to Ibe issuance
of any license or permit. The Council does not interpret this
language to bar an Agency OIIicill from expending funds on or
authoriZing nonc:leslructive planning activities preparatory to an
undertakil'lg before complying with Section 106. or to prohibn
phased compliance at diIIerent stages in planning. The Agen:y
Official shOuld ensure tnalthe Section 106 process is inlbated
early in the olanning llages of the undertaking. when the Widest .
feasible range 01 aiternaltves Is ogen for conSideration. The
Agency Ollic:lal sllould establish a schedule for completing the
Section 1 C6 oroccss thai IS consistent with the planning and
epgroval schedule for the undertaking.
5
Resolution Number ~~~
Sleps of the 5'06 process
Agency's dele,,",nallOn of what
information will be needed 10
r:omp/ete the i 1 06 process
Agency's Iocstion of his/one
properties in the projectsrea
Agency's evs/lJ8tion of whether
properties found ere "historIC"
AgencylSHPO agreement ebout
NatJonal Register e/iQiblllry of
properties found
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800.4 Identifying historic properties.
(I) Assessing informllion nelds.
(1) FOllOWIng I determin8llon by Ihe Agency OIl.ciallh81 a pr,,"
posed prOjecl actIVity. or program cons/JIules an unde"akin~ ..no
Iller estabhsh.ng Ine Undertaklng's Irea 01 pole""al eltecls. the
Agency Otlu:laI shall:
(I) Review existing informallon on historic properl'es potenllally
affected by Ihe undertaking. Including any dala concerning Ihe
Idlelihood that un,denld,ed hiSloric propertIes eXist In the area 01
potential effeclS.
(in ReQuest the views 01 the Slale Historic Preservallon Officer
on IUriner actions 10 'Dentlty n.SlorlC propertles Inal may be aneclld.
and
(iiI) Seek information .n accordance with agency planning pro-
cesses from local governments. Indian Inbes. publIC and private
organizalions. and olher parllls hke1y 10 have knowledge 01 or
concerns with historic propertIes in the area.
121 Based on this assessment. the ADeney OffICial should deler.
mille any neeD lOr lunner actions. sucn as II8Id surveys ana
predictive modeling, to identify histonc properties.
(b) locating historic properties. In consultallon with the Stale
Historic Preservation OffICer the Agency Official shall make a
reasonable and good laith eIfon 10 Identify historic properties Iha!
may be Iffected by the undertaking and gather suffIcient informa.
tion 10 evaluare Ine eligibility 01 these properties lor tne Nallonal
Register. Efforts to idenlify histonc properties should follow the
Secretary', "Standards and Guidelines lor ArcheOlogy and HISIOIIC
Preservation" (48 FR 44716) and agency programs to meet Ihe
requlf8menls 01 Section 110(a)(2) 01 the Act.
(c) Evaluating hialorltalllgnllltancl.
(1) In consultation with the State HiSlOric Preservation Officer
and tollowing the Secretary's Standards and GUIdelines for Evalua
lion, the Agency Official shall apply the National ReglSler Crilell.
to propertias thaI may be affected by the undenaklng and thaI
have not been previously evaluated lor National Reglsle. ehgibilllY.
The passage of lime or changIng perceptions 01 S111",llcance mal'
justIfy reevaluatIon 01 propertIes thaI were previously deterrnlned to
be eUgible or ineligIble.
(2) If the Agency Official and the Slale Historic Preservalion Oil.
cer agree thaI a properly is eligible under Ihe crdella. the property
shall be conSIdered eligible tor the Nallonal Regisler tor Section
106 purposes.
(3) lithe Agency OffICial and the Slale Historic Preservation I
OfflClr Igree that the crKena are nOl met. the property shall be
conSIdered not ebglble for tne NatIOnal ReglSler lor Scctlon , 06
purposes
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Disagreement abour Na/ion,'
Register elIgIbility of propertieS
"found
Agency's actions If no his:oric
properties are found
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Agency's actions If historic
properties are found
Agency's assessment of project
.ffects on historic properties
found
Agency's use of Criteria of
Effect
Agency's actions if no .ffect ill
found
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Agency's use of Crilerf, of
AdveIS. Effect .
Aaency's aclions iI.ffec!S are
nOI aaverse
Resolution Number
9138
(4) lIthe Agency Official and the Slate HistorIC Preservallon 0'.
fice/ do not agree, or if Ihe CouncIlor Il'le Secretary so requesl.
the Agency OffIC.al shall oblain a de:ermlna!lon from the Secrelary
cllhe Intenor purluanllo aoohcable Na:,onal Pa.k Service
regulations
($) If the Slate Historic Preservauon OffIcer Does nol provide
views, then the Stale HIstorIC PreservatIon 0tt,cer '1 presumed 10
agree with !l'I8 Agency OfllCtal's dete~mlnation for Ihe purpose 01
this subsection.
(eI) When no historic properties are found. lIthe Agency Official
delermlnes in accordenee with Sections 800.4(a).(c) that there are
no historic properties lhat may be affected by the underlaklng, the
Agency Official shall provide documentation of this linding to the
State Historic Preservation OffIcer. The Agency OffICial should
notify inlerested persons and parties known 10 be interesled in \he
undertaking and its possible effects OIl historic properties and
make the documentation avaHable to the public. In these cir.
cumstances, the Agency Official is not requited to take further
lIleps in the SectiOn 106 process
(e) When hislorlc properties are found. If there are historic prop-
erties \halthe undertaking may affect, the Agency OffICial shall
assess the effects in accordance wiln Seelion 800.5.
800.6 Auesslng effects.
(a' Applying the Criteria of Effec:. In consulla~ion with the Slale
HiSloric Preservation OffICer. the Agency Of!lcial shall apply the
Criteria l:lf Effect (Section BOO.9(a)) to hiSlor,c properties \ha! may
be affected, giving consideration 10 the views, if any, of interested
persons.
(b) When no effect Is found. If the Agency Offic;al finds the
undertaking will hsve no effect on hisloric properties. the Agency
Officis' shan notify the Stale Historic Preserlllllion OffIcer and inter.
eSled persons who have made their concerns known ID the
Agency Official and document the finding, which shall be available
lor public inspection. Unless the State HistoriC Preserval10n OfflClr
objects within 15 days of recelvillll such nOlice, the Agency
OffICial is not requIred ID lake any further lIleps in Ihe Section 106
1lfOC8SS. If \he Slate HistOllc Prese'valiOll Ofhcer foles a timely
objection. then the procedures described in Section 800.5(c) are
foRowed.
(c) When an effect la tound. If an effect on histortc prOperties is
found. the Agency OIIicial, in consuKation with the Stale Historic
Preservation Olf1cer. shall apply the Criteria of Adverse Effect (Sec-
tion BOO.9(b)) 10 determine whether the effect 01 \he undertaking -
should be consIdered adverse.
(eI) When the effeclts nOl considered adverse.
(1) ffthe Agency Offic.a' tinds the effecl IS not allverse. lhe
Agency OlflCial lhall:
(II Ob/a:n the Srete Historic Preservallon OffICer's concurrence
wkh the fInding and notIfy and submit to the CouncIl summary
documentation, which shali be available lor publ.c Inspection; or
7
Resolution Number ~~~
Agency's BCllons If effects are
adverse
Consultalion to avoid or reduce
adverse effects; Council
PBrt/C'.ipBtion is opllonal
InvrtBtion ro InlfJrested persons
to join tn consultatIon
DocumentatIon needed for
consulta~on
PubliC notiftcation about
consultation
MfJfTIOf8ndum of Agreement
(MOA) reached lhrough
consul/alion. MOA signalor,es
1
(II) SuDm~ the finding WIth necessary documentation (SectIon
aOO.aia)) 10 the COl.lnCl' lor a 3O'OB y rev,ew paned and notify the
Slate H,StOllC Prese,valio., OffICer
(2) lithe Council does nol obJecl to the finding of the Agency
OII'Clal Wllhln 30 days 01 receipt of nollce. or if the Counca ODJIlcts
but proposes Changes that the Agency OII:clal accepts. the
Agency OII,cl. IS nol required to lake any further steDs in l!le Sec.
bon 106 process Dlher than to comply w~h any agree!"lent With
the Stale Histonc Preservabon Ollar 0' Council corcerni~g the
undertaking If the Council Dbjec1s anc:Ithe Agency Official does
no! agree wilh changes proposed by the Council. Ihen !he effect
shall be conslderad as adverse.
(e) When the effect Is adverse. If an adverse effecl on historic
properties is fo.Jnd, the Agency OffIcial sha!~ notify the Council al'd
shall consull with !he SIaIe Historic Preservation Officer 10 seek
ways 10 avoid or reduce the effects on historic propallies. Either
the Agency 0II1Cia1 or the Stale Historic Preservation OffIcer may
request the Council 10 participale. The Councii may participate in
Ine consultation w~hout such a requesl.
(1) InllOMng inleresled persons. Intelested pelSonS shall be
Inviled to participate as consu~ing parties as follows when they so
request:
(I) The head of a local government when the Undertaking may
affect historic properties wilhln the local government's jurisdiction;
(il) The representative of an IndiaI' tribe! in accordance with
Section SOO.1(cl(21(lii);
. (iii) ApplIcants lor or holders of grants, perm~s, or licenses.
ana owners o! affected lands; and
(Iv) Othe' Interesled persons when JOIntly determined
appropnate by the Agency Official, the State HISlorlC Preservation
Officer, and the Council, If participating.
(2) Documenflit'on. The Agency OffiCial shall pro~ide each of
the consu~ing parties with the documentatio" set forth .n Secnon
aOO.a(b) and such other documentation as may be developed in
Ihe course 01 consu~ation.
(3) Informing !he public. The Agency Of!icial shall provide In
adequate oppor".ullity for members 01 the publiC 10 receive Inlor.
mallon and express !heir views The Agency OfflCla! is encoulaged
to use eXisting Igency PUblic involvemenl procedures 10 provide
Ihls OPportU",IY. The Agency OIIlCial. Slale Historic PreselVa\'on
Ottoeer, or the Council may meel w~h interested members of Ihe
pUblIC or Cond..lct a public Informalion meeting fOll/'llS purpose.
(4) Agreement. If the Agency OIIicial and the State Historic
Preservation Offar agree upon how the effects will be taken into
account, they SIlall execute a Memorandum of Agreernent. When
the Counctl part;Clpates In the consu~allon. d shall execute the
Memorandum of Agreement along with the Agency QffiClal and
the State Historic PreSllrvalion OffICer. wnen the Council has not
part,cipated in consur.arion. lhe Memo'a"dum of Agreement sha'l
De .uUfnoll"U 10 me COU'lC11 lor comment In accoroa"ce With Sec.
I.on 600 6(a). As appropriate. Ihe Agency ()!Ioe,al Ihe Slate
H.storlC PreservallOn OffICeI, and the Counc~. ilgartiClpal1ng. may
Igree 10 InVite other consulting partlos to concur in Ihe agreement
1
1
8
I
I
I
.ndmenl5 tc MOA's
Ending consullation
Council review of en MOA
Documentation for MOA review
CounCI7 commenl, Ibsenl en
MOA
DocUme'ltation for Council
COmment, .bse'll en MOA
',,)
Resolution Number ~~
(5) Amendmenrs. The Agency 0",011, Ihe State Historic Preser.
vatlOll Officer, and Ihe Councd. ~ II was a Slgna!ory to the o,,;,nal
agr~ment. may subseol.:ently agree to an .mendmellllO the
Memorandum of Agreement. When the COUl'IClIls not a party 10
the Memorandum of Agreement. or tl\e Agency OffiCial and Ihe
Sla'e Hlslone Preservation OffICer cannot ag'ee on c:nanges 10 I/Ie
Memorandu'Tl of Agree'TIent, IIle p'oposed changes ShaH be sub.
milled 10 Ihe Councillor comment .n accordance WIIh Section
800.6.
(6) Ending consult.lion. The CouIlc,1 encourages Agency
Otflcials end Slate H;sto~c Preservalioll Officers to ul,lize the con.
sul1l<<ion proons to the lunest eJCIe'll practicable. Aller ,"itialing
consuftallCln to seek ways to ~e or avoid effects on hisloric
properties. the Slale HISloric .....rvalioll 0Kicer. the Agency
Official. or the CounCil, al its dlSCnllion, may &late thallunher con.
IUllelion will nol be ProduclNe and thereby lermlllal. the consulta.
tion process The Age~ Official lIhall1tlen requesl the eoullcil's
comments in accordance with Section BOO.6(b) and notify ell other
consulling partleli ollIS rellues!S.
800,6 Affording the Council an opportunity to comment.
(a) Revl.w of a Memorandum 01 Agreemenl,
(') When an Agency OtIlciallUbmits a Memorandum of Agree.
ment accompanied by Ihe documenlel;on specified in Section
BOO.Blb) and lc). Ihe Council shall have 30 days from receipt 10
review it. Before this review period .nds. IIle Council shall:
(I) Accept the Memorandum of Agreement, which concludes
the Seclion 106 process. and ,nform ell consulllng parties, or
all Advise Ihe Aae"cy OIficial of changes to tne Memoran.
dum 01 Agreementlhal WOUld make ~ ac:c:eptable; ,ull5eQuem
agreement by Ihe Agency OffiCial, Ihe Slate HIstoric Preservation
Officer, and the Coune:1 concludes the Section 106 process, or
(III) Decide 10 comment on the undertaking, in which case \he
Council shall provide iIs comments within 60 days 01 receiving the
Agency Officia)'s subnllss'on. unless the Agency 0IfIcaa1 agree.
o\he'_
(2) If the Agency OIIic,al. the Stale Hi810ric Preservalion OlIicer,
and Ihe Council do not reach agreemenl in accordance w~h Sec.
tion 800.6(a)(1)(i~. Ihe Agency Official shall notify tne Council,
which sl1a~ provrde III comments within 30 days of receipt 01
/lOIIte.
(b) Commenl when there is no agreement.
(1) Whe" no Memorandum of Agreement is SUbmllled, tne
Agency Official aIIall rec;...eSl Council comment and provide tl\e
cJocumenta!io"l speci~eo In Section 800.81d). When reQuested Dy :
the Agency Official. the Councol ehall provide ill comments WIlI1.n
60 days 01 receiot of the Agency OWeiel', request and the
IlpeC""0 documentaliO"l
.
Resoltion Number /j;.!fB
Ariri/tlonal "'formatIOn, anslte
inspection. publiC meeting.
BOSent an MOA
How tile Cwncll provides
comments, absent an MOA
Aoencv'S rBSponse to CouncIl
ournrn6ru
Failure to carry out terms of an
MOA
Agency's cons,rieration of
Counc,1 comment
Agency acbons that preempt
reasenable opportunity for
Council comment
"uone ODj8Ct,on to agency
rieterminations about whether
historic prop811ies 01 effects lte
present
I
(2) Ttje Agenc\, 0'1.:'11 Sha~ l'"Il-e 3 good 'a In effol! 10 orOVIC!!
reasonably availab'e IdClltlonal,r.lo'rnatlon concern,n!! the ..."rler.
Iak.ng and ShIll ass,SI tt-e Cou...co' on arrlng.ng an enSlte Inspec.
tlon and publIC meetIng when reo"es:ed b~ tne Counc,l
(3) The CouncIl Sh81111rov'de Its corn""ents to the head 01 the
BgeolCY reQues!lnQ comment Cop,OS st'ail be crOVlded to the
Slate rhstOroc "'eserV\lllOn Office'. Inlere5lea persons. ano others
as appropr.ate.
(c) Response to Council comment.
(1) When I Memorarodum 0; Agreement becomes fina: In
accoraance wnn sectIon 800.6\8)\')(:) Of (II). tile Agency Off.ctal
snail carry out tne unoertaking in accordance WIth the terms of the
agreement. This eVidences fuMlllmelll 01 the agency's SectIon 106
responslblllties. Fllllure to carry OUIthe terms of I Memorandum of
Agreement requires the Agency Official to resubmit the undertak.
ing to tile CouncIllor comment in accordance WIth Section 800 6
(2) When the Council has commented PIlT$uant to Section
BOO.6{b). the Agency Oft.cial shall cons,der the Councll's com-
ments in reacning a tinal decision on tile prooosed undertaking
The Agency OffICIal shall report tne deCISIon to the Council. and if
possibie, should de so pnor to initlat.ng the undertaking.
(d) Foreclosure of the Council's opportunity to comment.
(1) The Council may advise an Agency OffICial that it conSIders
the agency has not provided the Council a reasonable opportunity
to comment. The de::ISlon to so advise the Agency Off.c.al will be
reached by a majorny vote of the Co..."c;1 or by a majonty vole of
a panel conS/sling cf Ihree or more Co...ncil mernDers witn the
concurrence 01 tlle Cnal'man.
(2) The Agency OIf1cial will be Clive'! nOllce end e reasonable
opponun,ty 10 respond prior to e proposed Council deterrnlnation
mBl Ine agency nas toretlosea l'le COlmcII s opponu",ly 10
comment.
(e) PubliC requests lD the Councd.
(1) WIlen reQuested by any person. the Council Shall conSider
an Agency 0ff,cla!'s j.nolng under Se::t.ons BOO 4(b). BOO 4(c\.
BOO.4(d) or 800.5(0) and. with;n 3D days of recelol 01 the request.
advise the Agency OIIo(:.al. lhe Slale H,storic Preserval.on Oftlcer.
and the person mak.ng the reques: of ItS views of tre Agency
OffICial's f:ndlng.
(2) In light of the Countll views Ihe Agency OffiCIal should
reconsider the fincllng However. an InQuory to the Council WIll not
suspend acllOn en an unctenaklflg
(3) Wnen the finding concerns Ihe ehplblhly 01 a property lor the I
NatIonal Register, the COUncil ~all refer Ihe matter to the
Secrelarv.
I
10
I
SubstlfUte ,e'/l&"" processes
developed by Srales tor i 1 06
rilview
CoutICIl review of a proposed
substitute Slale review process
I
SHPOICounC17 consultation
about a proposed Substitule
sale IVvrew process
I
Resolution Number 4/;jB
800.7 Agreements with States for Section 106 reviews.
(a) ESlablishment of Sllle agIVements.
(11 Any Slale HI$\ol1c :lreservallon Olflcer may e"'er into an
agreement W11" Ihe Ccun:;.lto substllute a Slale rev'ew process
lor Ille procedures sel tOI'!" ,n these regulallons. prOVided tIla'.
(I) The Sla:e histor.c: ;:teservalion program has been approve:J
by lhe Secretary purs..lanllO SeehO" ~01(b)('l 01 the AeI; and
(h) The CO.Jncil. e'le' analysis of the Slate's review process
a"ci consideral,on of Ine views of Feae,a' and Slale agencies.
local governmanls, Ind'an IrilleS, and Ine publiC, determines I"'al
the Stale reView process ,s al least as .efIective as, and no more
buraensome lI'Ian. the llrocedures sel forth in II>ese regulBl'''ns in
meeting tile requlremem 01 Section 106.
(2) The Couneft. in ana:yzlng a State's review process pursuant
to Section BOO.7(a)(1)(i1), shall'
(I) Review relevant State laws, ExeCUlive Orders, Internal
directives. SlandarCls, a'lCl gUidelines;
(i1) Review tile organization ot the State's revllw process:
(11I1 So/icit and cons.der the comments of Federal and Stale
age'lCies, local governments, Indian tribes. and the publiC;
(Iv) ReView the results of program reviews carried out by the
Secretary; and
(v) Review the reccrd 01 Slate panicipation in the SectiOl' 106
process.
(31 The CoU'\ClJ will er.lel Into an agreement w~h a Slale under
this section or-Iy upon aelermining. al minimum, thai the Slale has
. demonstrated record 01 performal'ce In the Section 106 process
and tile capabi:ity to aelm'nisler a comparable process althe Slate
/eve!.
(4) A Slale agreement shall be developed through consultalion
between llIe Slale Hlsloric Preservallon Officer and the Council
and concuned in by the Secretary before submission 10 \he Coun.
cil for approval. The COllncil may invite affected Federal and Slate
agencies, lOCal governments, InDian tribes, and other inlerested
persons to par:lcipete in th's consultation. The agreemenllhall:
(i) Sllecify the hillo',e preservation review process emofoyed
in Ihe Slale. showIng thai tillS process is Blleasl as effective as.
and no more bllroensorre tIlan. thai set forth in Ihese regu/ahons.
(il) Establ,sr: &pec:iai prOVISION lor partiCIPation 01 local
goverrvnenls or Indian tribes in the re.new of undertakings tailing
Wlrhtn their jurisa.::Iion. when approprlale:
(ill) Establis"l proceClures lor public participation in the Slate
'evoew process
(Iv) Pro~lde lor Courc:1 review of actions taken under ils
terms. and fo' appeal or suell aclions 10 \he Counc,l: ano
(vi Be cemhea by me Secretary .s conSIstent w~" Ihe
Secretary'S "Slel'dards a~Cl GUlaellnes for Archeology efld HISloric
P,e..oval,on ..
l'
Resolution Number ~~~
Agency's use of subslQule Stale
reVIew processes
MOmlormg or terminalmg
substlMe State reVIew
processes
Oocumenration for finding of no
aoverse e"eCl
I
(5) Upon concluding a Stale allreeme'll the CoLlnal sha'l
publiSh nolce ot lIs execution In troe Feoeral RfY,llster and Plake
COp.es ollhe Stale agreement aval'aole to all Federal agencl8s
(b) Review 01 undertakings when a State agreement 1& In eI1eCl.
(1) When a State agreement u,.der Section 800 7(a) is in effeCl.
an Agency OffICial may elect 10 CO".,ply WIth t"le Stale review pro-
cess 1M heu 01 compliance Wllh these regulatIons
(2) At any time e1u'ing relll8w 01 an unde~eklng under a S1ale
agreement. an Agency OffICial may termlnale SUCh 'evlew and
comply Instead WIth Sections 80CA through 800 6 01 these
reaulaticrs
(2) At Any Ii",. d",rl"8 povi..., of ." toIrtd.....lcing under . 8tete
agreement. the Council may partlclpale. Part'CID8nts era encour.
aged to draw upon the Council's expertise as apDropTlale
(c) Monitoring and lerminalion of Slale agreemenls.
(1) The Council Sl1al1 monitOf actIVIties carried OUl under StBle
agreements, In coord'nat,o:, with the Secretary 01 the Interior's
approval at State programs under Section 101(b)(1) 01 the Act
The Council may request that the Secretary monitor such lICItv~ies
on its benall.
(2) The Council may lerminale a State agreerrlllnl alter consulta.
lion w~h \he Stale H,storic Prese",atlon Officer and the Secretary.
(3) An agreement may be terminated by the Slate Historic
PreservatIon Officer.
I
(4) When. State agreement IS ,e'minated pursuent to SectIO'l
800.7(c)(2) and (3), such term,nallon shall nave no effect on under.
taklngs lor whlCn revl8w under me agreement was complete Of In
progress at the time the termlnat,on OCCl.lrred.
800.8 Documentalion requirements.
lal Finding 01 no adverse ,ffect. The DurDose of this documenta.
(Ion IS to provide sulllc.ent Information to expla,n haw ihe Agency
Official reaoh80 the finding 01 no adverse effect The required
documentation is as follows:
(1) A description 01 the undertaking inelud:nlil pholographs.
maps. and drawi.,gs. as necessary.
(2) A description of histonc proDenies that may be affected by
the undertaking:
(3) A descriptIon of the effortS used to identity historic
prepe",",s'
(41 A statement 01 now and wI'oy the Cntena 01 Adverse Effect' I
lllI'8re toul'd mllppl'ca~e.i
(51 Tne Views 01 the State HISlO~:C PreservatIon OffICer. .IleCled
local governmenls. Indian tribes. Federal agencoes. and the PUbliC,
" any were prOVided. as weu as II C1escnotlon 01 tne means
employed to sollc;1 those views
12
I
DocumentlltiOfl reqUlfed for
oonsl/l~at;on
Documentation reqUIred for
submitting I signed MOA for
Council review
I
DocumentarIan required for
requesting written Council
comment absent an MOA
I
Resolution Number ~~~
(11) Fmdinll 01 Idver.. effect. The reqL. oed documental'on IS as
follOWS'
(1) A descnpbon of me undertak,"g incluDing phOlogr~s.
maps, end drawings. as necessary;
(2) Ii. descriPtion 01 the effons to Idel"l.'y historic pro~s:
(3) A o:IlISCriptlon of the Iffected hislO'.C P'OP8oties, using
m.terials Ilready compiled durl'lg the 8YIIIuaticn 01 signikance.
as &ppropriate. and
(4) Ii. description 01 the undertak:r.g's effects on historic.
proper1ies.
(c:) Memoranaum of Agreement When a memorand:Jm 15 SUb-
mitted lor review in ICCOrC:ance with Section 8oo.6(a)(1). the
documentation, in addilion to that specified in Section BOO.8(b).
IIheII also Include a descriptIOn a'ld evaluation of any proposed
mitigation measures or a!ternatives thai were considered to deal
with the undertaking's effects and a sum~ry of the views of the
Stale Historic Pr.servllion OffICer afld any interested persons.
(ej Requests for comment when there Is no agreement. 'The pur-
pose 01 Ihis documentalio:'l is 10 provide the CouncU wnh ClIfficienl
Information to make an indapefldent review 01 the undertaking's
effects on historic properties as Ihe basis for informec and mea~
ingtul commenls 10 the Agency OffICia:. The required documenta.
tion is as follows:
(1) A description 01 the undertaking. v.i~ photographs, maps,
and drawings, as necessa'y:
(2) A deSCripllon 01 the efforts 10 Ide lllfy historic properties.
(3) Ii. descnpt'on 01 the ar.ecled historor; properties, with Inlorma.
bOn on the 81gr.,'icanI charBCIeristlCS 01 each property;
(4) A description 01 the effecls 01 Ihe uildertaking on historic
properties and the basis lor the determinations:
(~1 Ii. descripllon and evaluallon 01 ar.y .tternatives or m~igation
measures that the Agenc)' Officia' proposes lor dealing with the
unclenakJng'~ eIfecls;
(6) Ii. description 01 any alternalives 0' miligallo,", measures l!'lat
were COI\Sldered bul nOl cllOsen end the reasons for their
reJection;
(7) Documen:ation 01 CO"Sultallon wit'" the Slate Historic '"rese'.
vation Officer regarding tne lCIent"'callor. ar.d evalualion 01 historiC .
prope1lies, assessment 01 e'lect. 'ana a"y consideration oA a!ter.
natives or m:ligallon mlls:.lres:
(8) A descnpt,on 01 the Agency Olf,c a"s eIIC'ns 10 o.xaon and
COnSllllr!he views olaffeCled local gover~ments. Indian lrIber.
and other I/Ile.es:ed perso'lS
(9) The pial'n;':g and apo'o~aJ SChedule tor Ihe u.,derta"':ng
and
13
Resolution Number ~1'~J1
Crireria of Effect
Cnteria of Adverse Effect
ExceptIons to the Cnreria of
Adverse Effect
(10) COCl~b or s...,.,ma"es 01 an', ",,,rer, VIews submlneo to "'e
Age'lcy O!f'c,al CO"lC9,n,nQ the effects 01 IhE: unde'taK'ng 0"
hlsfor r. o'opertles 3'ld /llle.natlves 10 reeJuce 0' avo,o those
U!I~c..I~
I
800.9 Criteria 01 Eftect and Adllerse Effect.
(a) An undertakIng has an effect on II nistorIC prooeny wtoen the
undertaking may alte, charactenst,cs oltl1e orooert:l thai may
Duallfy 'he propen'( lor IncluSIOn," Ihe Nallonal Reg'Sler. For Ihe
ourpose 01 determ:n'ng elleel, alleratlon to features 01 the or::l::l-
eny's lOca,"on selI:ng, or use may be relevant decenolng on a
property S S19mf,cant CharaclenSl,Cs ano should be cons,dered
(b) An unoertakmo IS considered to 'lave an adverse effecl when
the effect on II hiStoric property may diminish the Integrrt y ollhe
property's location. design. setting materials. workmansnip. leel.
Ing or aSSOCiation. Adverse el/ects on hlslor/C prooel1les include.
b;Jt are nol 'Im~ec to:
(') PhYSical destruction. damage, or alteration cf all or pa1 Of
,he prcpe"!y:
(2) lsolatio" of the prooerty from or a teralion 01 the eha'BCler 01
the p.ooel1/s se:lmg when that character contllbutes to the prOD-
el1y's oua'J~::a:jon fe, tne Nallonal Register.
(3) l"ll,oduct,on of visLoal. aud'ole. or atmosphellc elements Inat
8'e out Of Cl'arsc!er ....'th the orOOer:V or a~er r.s setting,
1
(4) Neglec! 01 a property resUlt.ng In ItS detellorallon or cses:ruc.
tiC" srie .
(5) Tra"S1er, leasa, or sa'e 01 me Dropert~.
(c) Effects of an undertaking that would otl'erWlse be ftunc to be
aeverse may oe considere::: as Delng no! adverse for the P<lrpo$e
0' Ihese regu:a!lo:'s.
(1) Wl1en the histor.e property is of value only faT ItS pCtertlal
contritlL.1,on to a'cneolog.cal, historica', or 8rchn8Ctural reea,ch
and wile" such value can tle &;Jbstant,a1IY preserved througn \he
conduct of aporoona'e research. and sue" research .5 conducted
In accordance wrth apollcable orolessional SlBndards anD
Q:."de;.nes:
(2) When Ine unde'lak,ng IS ;,mlleo 10 Ine rellaDlld81,on O'
bu.ld'''gs ana structures and is conducled In a manner lto31
preserves 'he h'SIonCa: and arch.leclural value at a'lectec r"storlC
property t"rough confor",ance W,!h tne Sec'etar)' s "Slandards tor
Aena011,tat,OII and G:.o,,:jellnes lor Rehabdilal,"Q H'S1,mc BuJ'dngs
or
131 Vv"e" the ''"Dt'rtak'"Q .s hm,ted 10 tne Iransfer lease or sale I
of a l1:s'o.oC prODt'rt'l and adequate reSlr:ct.ons or concll.ons are
Ihciude:! to ensu'e c"eserv3!IOn 01 the proper()'S S1;)nlhcan:
"'Sl~I= !ealures
1<4
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Si:leCIilI eoeney reoutrements
tor Nations. HIStorIC Lanc/"'arks
1
DIscovery of historic properties
after a project has beg.1n
Prior age"cy planning for
dISCO I8rteS
Agency respons/bllitlfls absent a
ptan tor dISCOveries
1
Resolution Number ~;f~
SUBPART C-SPECIAL PROVISIONS
BOO 10 Protecting National Historic Landmarks.
Section' 10(1) ct t~e Act requireS thaI the Agency O/I,C;;al. to the
rna",mum eXlenl QOSs.ble. undertake such pian 'ling and acbo~s as
nlay be necessary to m'nim,ze harm to a.,y Nlltlonal H'SICre Land.
mark that may De alrectly ana aaversely affected by an unclenak.
ing. Wne~ commer.li'lg on such undertakings. the Council s~a'
use the process Ie! tonn III Sections Boo.4 through BOO.6 and
gIve spec.ai co'l$la.ra!ion to prO!ecting Naliona: Hisloric Land.
marKS as 'O'I:lWS:
(a) Any conS\l~allOn co.,d...cled under Section BOO 5(e) shall
include the Counci:;
(b) The Counci' may requesl the Secrewy under Section 213 01
the AcllO prOVl::le a report 10 the Council detailing tile significallCe
of the propel'lY. descnbing the effects of the undertaking on the
property. and rflCO'"\mend.ng measures 10 avoid. minimize. or
llII\Iga,e aave.se efte::!s and
(e) The Council shal: repOll lis comments. includ,ng Memoranda
of Agreemenl. to the President. the Congress. the Secretary. aNl
Ihe nead of :ne agency raspo"sible tor the undenalling.
800.11 Properties discovered during Implementation of an
undertakIng.
(a) Planning for discoveries.
When the A.ency Qff,c:a,'s idenbhcation effons in accordance wilh
Section BOO.4 Indicale tllat histollc properties ara likely to be
discovered our.ng implementation of en undertaking. the Agency
OIhcial .s eneo....aged to develop a plan for the treatment of such
properties if discovered and include this plan in any documenta.
tion preparee to comply with Section BOO.5.
(b) Federal agency responsibilities.
(1) Whe" al' Agency Official has completed the SeClion 106
ptocess and prepared a plan in eceordanee with Secbon 800.' '(a).
the Agency Off'C:ial shall salisfy the reCluirements of Sec~on 1 De
concerning oroperties d,scovered dUllng Implementation of an
ultdertaking t:y following me plan.
(2) When a!'l Agency Official has completed the Seelion 106
process wnhoUl prepanng a plan in aCCOldance with Section
8OO.1'(a) a~c "nels alter beginning 10 carry out the undertaking
Ihat the unoe".a~.ng WIll alfe:l a previously unldentil,ed prop8'1y
thai may be eligible for inclusion in tile National Register. or affecl
a known /\Islc": proce"y .n an unanllClpated manner. the Agency
Off.e.al 51-..: allo'o tne eou"c,: an OooOrtunlly 10 commenl by
cnocs,ng c~e oIlhe fO..c....,'lg courses 01 aclion: .
(i) Carr::l.) WItt> Sect.::., BOO 6:
15
Resolution Number 4~
Council comments when
hlSlorlC propertIeS are
discovered Ifter I projeCI has
begun
Agency .CI/Ons to derermlne
Nallonal ReglSle' elIgibility 0'
newly dIScovered properties
DIScovery of prOpertIeS on
Ind,lrl IInds
(Ii) Devei'Jp anCl.mpleMenl act.ons lI.al la"e ."lto accounl ,~p
etteels cllhll unClertakll'9 or: lT'e p'ODeltv III tho!' e.len' leas'b!e
ano Itoe commerots trom It,e Slate fo\'SIC'IC Prese,v~lon OffICer ano
lIle COUncil p",rsuanltc Sectlor, eoc , 1 Ct.r or
(III) lIthe oropeFi, IS p~lnc.pa!lv ui arc:h'Iolog.c:a' value .."d
sublecl to the reqUIrements cllhe AICf'let)lCQ'C8' af'lO H, :o"c:
I'reservaloon AC1, 16 US C ~~ 469 la;'~cl complv ",'!h lha! Ac'
and llT\p1eme"llong 'egulal,ors Inslead of these regulatIons
(3) Section 100 ana these regulatIons do not reqUIre the Ageflr'.'j
or.icialto SlOP work on tne ufldertaklng However. depend,ng or
tne nature ot Ihe property anClthe undertaklng's apparent elleels
on II, the Agency OffICIal should make reasonable effortS 10 aVOid
or minimIZe harm 10 the ~operry unt.1 :he requirements fA Ih1S see-
tiOll are met.
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(c) Council Comments.
(1) When comments are requested D\Jrsuant to Section
800.11 (b)(2)(i). the Council will provide its comments in a lime con-
.stant WIth the Agency 0ff,ciII'S sc~eoule, regardless of longer
blne periOds allowed by these regulations for CounCil review.
(2) When an Agency Off'cal elects 10 comply with Section
800.11(bX2)(li). Ihe Agency OffICial shall notify Ihe State HiSlO"C
Preservation OffIcer and the Council al the earlies! posSible 11m"
llescribe the actions proposed to take effects into account. and
requesl the Council's comments. The Council shall provide inte'ilT'
comments to tne Agency OffICial withif'l 48 hours of \he request
anCl final comme~s 10 the Agency OII.cial withIn 30 days of thE'
req...est.
(3) When an Agency 0f!,cla' cC'!'lpl.es with Sect;o"l
BCO.11 (b)(2)(nQ, the Age~cy Of',cial srall provide IT'e State H,S:c.,;;
Preservatlo~ Oll,cer an O;lportu~"ty to comma'll on the werl(
undertaken a'lO proVide !Ile Council w.th a rapon on Il\e work
after ~ is unde"iaken
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(d) Other considerations.
(1) When a newly discovered propeny has not previously bee:'!
mcluded.n or determine:! eligit-le for tl\e Natlona' Register. \lie
Agency OffICia' may assufTIe the property to be eligible for pur.
poses 01 Sec::on 106.
(2) When a discovery occurs and compliance WIth this sectIon is
necessary on lands unae~ the jurisc!lc:lol'I of al'l Ind'an tribe 11>(>
Agency OfflCl81 shall cor-sur. Wit" It'e Indl81'1 tr'be during implelT'el'.
tlll.on of lIl:li sectIon s ~eolJlreme"'s.
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W.iver of 'f06 requirements
During disasters or declared
emergeflCles
>>d.y fimeframe for 'f06
W8iver in disaster MUltions
Agency's lISI of Ptogramm.tic
Agreements
EIc.mpIes of proje~ or pro-
fltlms .uitabfe for P",gram-
matic Agreements
Resolution Number ~~~
800.12 Emergency undertakings.
(al When a Federal eger.ey lleed proposes an emerllellCY action
end elects to waive hislone: preserval,on respons:Dlla18S in accor.
dance witn 36 CFR S 78.2. the Ageney Oll.cial m.) comply Wllh
the requirements 01 36 CFI'l Part 78 i" lieu of Ih.... regulal'ons
An Agerley Official shOlJld develep pla'ls ler IIlung histeric prep-
erties ,nle account Cluring emergency opera!'ens. Al the request 01
the Agency 0lt1Cial. the Council wUI assist in the develepmenl 01
IUCh plar.s.
(b) Wnen en Agency 0fIJCial proposes In emergellCY underlBlUng
IS an essenllal Ind immediate response to a disasler declared by
the P,elldenl or the appropriate Gcvemor, 1"::1 Section 800.12(a)
does net apply. the Agency OIIicil' may ntisly Seelio" 1 06 by
notifying the Council end the appropriale Slale Histeric Preservl.
tion OlIieer of the emergency und8nlking and afferdlng them an
OPPOrtunity te comment within .ven deys it me Agency Official
conlliclers tI\8I circurnallr.ces permit.
(e) For the C1Urposes ot IICliviIies _Sled under Tille I of the Hous-
Ing and Community Development Act or f874, as emended, Sec.
tlon BOO. , 2 (b) also applies to an Imminent IIIml to public health
or IItely IS I result of natural disaster or .mergency cleclarad by
a local government', cIliel 'XIClIlive oII:ce~ or lI;islative body.
provided thaI " the CouncIlor the Slale HistClrie Praservadon 0IIi.
cer objects. the Agency Otf,cIeIlhall comply with Sections 800 4
through 800 6,
(eS) This 18Cl!0n does IlllI Ipply to undertakings mat wi" not be
implemented within 30 dlys Iller the duster or eme'gency. Such
u!ldertaldngs shaD be reviewed in accordance wit" Seeliens 800.4
"rough 800 6.
100.13 Programmatic Agreements.
(a) ApplIcation. An Agency OIf'lciIlmay .Ied to fultlll an agency's
Seclion 106 I8Sponsibililies for a particular p'ollram, a large er
complex project, or a class 01 undertakings that would oth.rwise
require numerous individual reQuests for comments. through a
Programmatic Agreement, Programmlllc Agreements are appro-
priate for programs or prejeClS:
(1) When etIecls on lIiIIlorie propeoties are lim,Iar and repelaive
or are rnuIli-Slale or nIlionll in acope.
(2) WIlen etIlclS on hisllllic properties cannot be tufty deter.
mined prIOr 10 approval;
(3) When no~Fede,aI parties are delegaleo IftIJer dacisionrnak.
In; reSpllI'IlItlIIRI":
(4) ThaI involve development of reglenal or Iand-management
pIa"s; or
(5) ThaI ,rwoIve ,oullne managemer1 llCbw'lS al Federal
insI.III:,e.,s
17
Resolution Number 41J'~~
Ager.cYICounCI' consultat.or. 10
reach a Prograrwnatlc
AgrEJement
PuDl1C mvolvemem '"
Programmatic Ag.'8emenl
consultatron
SIgna tones 01 a Programmaric
Agreement
Etfect of a Programmatic
Agreemenl
Pubhc nollftc8l1on of a
Programmaric Agreement
Failure 10 carry oul terms of a
Programmallc Agreement
Coorctlnatlon of !i 106 with other
aumonllBS
COOrc1inal,on WI/h NEPA
an~ironmental sIudles
Mul/lPurpo~e cJe/ermlna/ions
ana agreemenlS
I
(b) Consultation process. Tile Counc:; a'ld I"it Agency Olfoc'al
Shah cons..:l: 10 deveiop a Pr'JQrammalo,; A~reoment Wl>en a par.
..cular Stale IS a!tected. Ihll aoproonatp. S:a:e H'S1o/ic Pretprva:'on
O:t.c:el shall be 8 conSU:llllQ oart{ Wher tn'll agr'!e'TIenllnVO'vn~
lS~es nallonal .n scope. tile Presodenl o! Ihe Naloonal Conferel>('.('
0: Slate Hlstollc Preservallon Offlce.s or a deloiynated leprasar..
!alive shali be ,nvoted to te a consLo1long pa"y by tllo CCMlCl. The
Co..ncll and tho Agenr:y OffiCIal may agree ,.J .nvlle other Federa'
agencelo or olhers to be consultr:1g pa:!oes or 10 Dar:.C'DBle. as
approo"a!!!.
lc) Public Involvement. The Council, vmh the aSsista".ce of the
Agency OffiCIal. shall arrange for publiC nol.ce and Involvement
appropriate to the subject mailer and the scope of the prag'll"'.
Views from affected unrts of Stale and loca' govemment. Indian
tribes. Industries. and organizatiOns Will be invtted
(d) Execution of 1tle Programmatic Agreement. After considera.
tlOn of any commellts received and reaChing final agreement. the
Council and the Agency OffiCial shall execll1e the agreement.
Other consulllng parties may Sign the ProgrammatiC Agreen'llllll as
appropriate.
(e) Effect of the Programmatic Agreement. An approved Pro-
grammat,c Agreement salisfies the Ager.cy'S Section 106 respon-
SIbilities for all individual undertakings carried out in IlOCOIdance
W1th the agreement until it expires or is temllnated.
(f) Notice. The Council shall publllon notice of an approved Pro-
grammatic Agreement in the Federal Register and make cop.es
readily available to the publiC.
(0) Failure to carry out a Programmatic Agreement. If the terms
of a ProgrammatIc Agreement are nol carried out or if such an
agreement IS terminated. the Agency OffiCial shall comply with
Sections 800.4 through 800.6 with regard to indiVIdual under1ak-
Ings covered by the agreement.
I
800.14 CoordinatiDn with other authorities.
To the extenl feaSible. Agency Officia's. State Historic Preservation
Olf,cers, and the Council should encourage coordination of imple-
mentalion of these regulations With Ihe steps taken to salisly olher
historic preservation and environmental author~ies by:
(a) Integrating compliance with these regulalions with \he \'lIo-
casses of enVlror.mental review carried oul pursuenl to the
National Environmental Policy Act. and coordinatIng any studies
needed to comply with these regulations wnh studies of related
natural and SOCIal aspeels;
(b) Designing determinations a"d agreements to 88tis'y the terms
not only 01 Seel.on , 06 and tnese regu'al!ons. but alsn Ihe.
requirements Of IlUCh other hlSloriC prese'VB\ion autho'~1l!S lIS the
Arc/'tCOloqlca: a"1Cl Hlstoroe Preservatloll Act. the Archeological
l'Iesources Protection Act Ser:t,on "0 of IIle NatIonal Hlst()l';c
Preservallon Act aOld Sec\1Il'l 4(IJ 01 the ~par:ment do Transporta.
bon Acl. as apP'lcaOle. so tnal a s.nplC document ca" he used lor
tile purooses of a I s~ ault'O":les;
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Muir/purpose studres and
survel'S
Coordinated publIC Involvement
Agency's use of counterpart
regulatiOns to substItute for
36 CFR Part 800
Resolution Number ~I'~~
(Cl OeSlgnl:lg and executIng studIes. surveys. anI] atner
.nformatlon.gatheront) acllVltles for p1annmg and u~.de1i:1k'l'g so
that the resunlng Information and data IS adf:QuB~e 10 meet Il'e
rtlQlJ"ements of all aoP/cable Feceral h,SlorlC preservat.on
a\J'lhorg'eS. and
(el) USIng es1abhshed agency publIC .nvolvement proceS5oBs to
elicit the views 01 the concerned PLbllc WitI'! regard to an ur.der.
taking and tts effecls on IIlSl0rlC; propertllls
800.15 Counterpart regulations.
In consultation with the Council. agencies may develop counter.
part regulations to carry out tile Section 106 process. Wnen con.
curred In by the Cour.c;l. such counterpart regulations shal: stand
in place of these regulations for the purposes of the alJllnc;y's
comphance with Section 106.
.'
Resolution NUmber ~/~~
GUIDELINES FOR MONITORS/CONSULTANTS
QE
~ATJVE AMERICAN CULTURAL RELIGIOUS. AND BURIAL SITES
I
When developers and public agencies assess the environmental impact 01 their pro.
fects, they must cohsider .c:ullural resources. as an aspect of the environmenl in ac-
cordance w!lh Appendix K of the California Environmenlal Qualily ACI Guidelines.
These resources can Include Native American graves and artifacts; natural resources
used for food, ceremonies or tradilional crafts; and places that have special signifi-
cance because of spiritual power associated wilh them. When projects are proposed
in areas where culturat resources are likely to be ."ected, one way to avoid damage to
cullural resources and minimize litigation associaled with the projeclls to perform ar-
chaeological tesling. with a Native American monltor/consullant on sile. tn sensilive
areas, It may be appropriale to have a monitor/consullanl on site. during part or all 01
the construction work.
A knowledgeabte, well-trained monitor/consultant can spot indiealio!,s that an area
has been used as a village site, gathering area. burial site, etc. and eslimale how ex-
tensive the site might be. A monitor/consullant can prevent damage to a site by being
able to communicate well with others involved In the project. this might Involve re- I
questing work to be stopped so that an archaeological survey can be compleled; en-
suring that burials are avoided when heavy equipment Is used; sharing Information so
that others will understand the Importance of the resource Involved; or making sure
that burials are treated appropriately when they are encountered. .
By working with and acting as a liaison between Native Americans. archaeologists.
"developers, contractors and public agencies, a Native American monitor/consullant
can see that culturat resources are treated tlnnmnrinlely from tho NnlivA ^mnricnn
point 01 vlow. 1 his can holp others Involved In D project to coordinate miligalion mea.
sures and avoid obslacles to project completion. These guidelines are intended to
provide prospective monitorslconsullanls and people who hire monitorslcol'lsullants
with an understanding 01 the scope and extent of knowleclge Ihal should be expected.
J:2ES.lRABl~ KNnWI ED(;FS AND ABILITIES.
1) The on-site mOMllor/consultant should be familiar wilh and knowledgeable about
local historic and prehistoric Native American village sites. culture, religion, ceremony
and bJOlial Dractices.
2) t\nowledge and understanding of Senale Bill 297 (Chapter 1492, Statutes of (982)
and Senate Bill 447 (Chapter .04, Slatutes or 1987.)
I
Resolution Number ~~~
I
3) Abnity to communicate meaning of Senate Bill 297 (Native American remains) and
Senate Bill 447 (Felony Bill) 10 project developers, Native Americans, planners,
landowners, and archaeologists. .
4) Ability 10 work with local law enforcement oflicials and NAHC 10 ensure return of all
associated grave goods taken from a Native American grave during excavation.
5) Abinty to Iravello several project sites. If necessary, within IraditionaltriballerrJlory.
6) Knowledge and understanding of Appendix K of the California Environmenlal
Quality Act (CEOA) Guidelines, and Seclion t 06 0' the Historic Sites Preservalion Act
011966.
I
7) Ability to read a topographical map and be able to locale for future inclusion inlo
the NAHC Sacred Lands inventory sites that are discovered but not recorded and ID-
eation of reburials. .
B) Knowledge of the techniques archaeologists use to collect on-site data.
excavation, auger holes, trenches, shovel pits, controlled grid surface collections, etc.
REOUIREMENTS:
t) Required to communicate orally and In writing with tocal Native American tribes.
project developers, archaeologists, planners and NAHC staff and other Involved in the
mitigation plan.
2) Required to maintain a daily log of activities and prepare well written progress re-
ports on any .findings' at a project site, (ie: associated grave goods, skeletal remains.
bone fragmenls. beads, arrow points, potlery and other artifacls.)
3) Required to present to the developer and archaoologist the decisions of the mosl
likely descendents as identified by NAHC concerning the disposition of sUe findings,
Ie; reintennent, research and examination.
4) Required 10 prepare a finaf wrillen report describing the discovery of any Native
American remains and associated grave goods and their linal disposition. This report
shall contain at a minimum the date of find, description of remains and associated
grave goods. date of reburial, and place 01 reburial. The report shall Include a discus-
sion of mitigation measures taken 10 preserve or protect Native American cullural re-
sources and if applicable a comparison with mitigalion measures described in the en.
vironmental impact report. This report shall be submilled to NAHC wilh!n four weeks
after completion of the project. Reburial information will be Included in the Sacred
Lands files.
.2-
I
Resolution Number "/,t:31f .
5) Abir.ty to identify archaeological deposits and potential areas of impact.
6) A person will not act as mosttikely descendenl on the same project which he or she
has served as a monitor/consultant.
EXPERIENCE
1) It is recommended that each monitor/consultant have previous experience working
with Native American cullural resources under the guidance of a Society of Profes-
sional Archaeologisls (SOPA) qualified archaeologist. This must be continuous on-
sile guidance. leners from the onsile archaeologist should be submitted wilh a copy
of the archaeologist's resume.
OR
2) Experience and knowledge regarding cultural. traditional, and religious resources
can be gained by training from tribal elders. This experience and knowledge may be
verified by the submission ot copies of contracts, reports, Iellers from elders, ele.
CR
3) Formal education regarding cultural resources can be substituted for experience.
This education must be taken in the Anlhropology Department of a two or four year ac-
credited institution. This education may be verified by the submission of copies of
transcripls.
fREFE~EN~E;
II is recommended that preference for monilor/consullant positions be given to local
Native Americans. These local people usually have knowledge of the local customs
and traditions. They are also aware o.t the local leaders and elders that may need to
be contacted should an unusual situation occur. Since it Is their traditional area being
impacted. local. Indians have vesled interest in the project
1/89
Final Approved 7110/89
-3-
.
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.1
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24175.
Case Number A82583; that the notice
of which the annexed Is a printed
copy (set In type not smaller than
nonpareil), has been published In
each regular and entire Issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
f1p;0 t Ie,
all In the year 19..Q.2...
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
this I b day of ~ . 19..Q.2...
~d'-tlu.' D~rvJ
Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
218 Main Street
P.O, Box 755
S.al B.ach, CA 90740
(213)430-7555
,Resolution Number .f/s:513
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBUC NOTICE/Public Hearing
. . . . . . . . . . . . . . . . . . . . . . . . . . .,. .
.~:~.~~'(II!;-. ~t;.-Jq,r~.~ 9;;;:- I
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Resolution Nu1lil5er 4/.38
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number AB2583; that the notice
of which the annexed Is a printed
copy (set In type not smaller than
nonpareil), has been published In
each regular and entire Issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
~ liP
all In the year 19..i2....
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
this 11.0 day of ~ . 19J12,..
~IJ~,.(L.)
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
This space for for the County Clerk's
Filing Stamp
I.
Proof of Publication of
PUBUC NOTICEJPublic Hearing
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'. PUBLIC HEARING
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange .
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2124f75.
Case Number A82583; that the notice
of which the annexed Is a printed
copy (set in type not smaller than
nonpareil), has been published in
each regular and entire Issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
all ,. Iha ;!!;Z /-1
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Ssal Beach. California,
this /1t/ day of ~ " 19B...
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PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
Resolution Number 1'T..:31!3
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Public Hearing
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