CEQA to Incorporate Tribal Cultural Resources

CEQA documents will soon have to analyze the potential impacts of a proposed project on tribal cultural resources, similar to NEPA. AB 52 was enacted for the protection of sites, features, places, objects, and landscapes with cultural values to California Native American Tribes. AB 52 grew out of the recognition that existing laws provide limited protection for tribal cultural resources and that CEQA does not directly include tribal cultural resources in its analysis.

Several changes will be made to the CEQA process:

• CEQA documents must include a new resource category called tribal cultural resources that considers the tribal cultural values in addition to scientific and archaeological values when determining impacts and mitigation 
• CEQA lead agencies must provide notices to Native American tribes in the vicinity of the proposed project site and consult with Native American Tribes upon their request
• CEQA documents must incorporate the mitigation measures agreed to during the Native American consultation process. AB 52 provides a list of mitigation measures that may be used

AB 52 will go into effect in 2015. Any proposed project with a notice of preparation after July 1, 2015 will be required to follow the mandates of AB 52.

For a more detailed understanding of AB 52, take a look at the actual text of AB 52.