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3 <br />7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following <br />occurs: <br />a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a <br />tribal cultural resource; or <br />b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be <br />reached. (Pub. Resources Code §21080.3.2 (b)). <br /> <br />8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any <br />mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 <br />shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring a nd <br />reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, <br />subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). <br /> <br />9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead <br />agency as a result of the consultation process are not included in the environmental document or if there are no <br />agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if <br />substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the <br />lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources <br />Code §21082.3 (e)). <br /> <br />10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse <br />Impacts to Tribal Cultural Resources: <br />a. Avoidance and preservation of the resources in place, including, but not limited to: <br />i. Planning and construction to avoid the resources and protect the cultural and natural context. <br />ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally <br />appropriate protection and management criteria. <br />b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and <br />meaning of the resource, including, but not limited to, the following: <br />i. Protecting the cultural character and integrity of the resource. <br />ii. Protecting the traditional use of the resource. <br />iii. Protecting the confidentiality of the resource. <br />c. Permanent conservation easements or other interests in real property, with culturally appropriate <br />management criteria for the purposes of preserving or utilizing the resources or places. <br />d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). <br />e. Please note that a federally recognized California Native American tribe or a non -federally recognized <br />California Native American tribe that is on the contact li st maintained by the NAHC to protect a California <br />prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation <br />easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 (c)). <br />f. Please note that it is the policy of the state that Native American remains and associated grave artifacts <br />shall be repatriated. (Pub. Resources Code §5097.991). <br /> <br />11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declarat ion or <br />Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental <br />Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted <br />unless one of the following occurs: <br />a. The consultation process between the tribes and the lead agency has occurred as provided in Public <br />Resources Code §21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code <br />§21080.3.2. <br />b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed <br />to engage in the consultation process. <br />c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code <br />§21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code <br />§21082.3 (d)). <br /> <br />The NAHC’s PowerPoint presentation titled, “Tribal Consultation Under AB 52: Requirements and Best Practices” <br />may be found online at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf <br /> <br />