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4.7TRIBAL CULTURAL RESOURCES Assembly Bill 52 (AB

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4.7TRIBAL CULTURAL RESOURCES Assembly Bill 52 (AB 4.7 TRIBAL CULTURAL RESOURCES This section of the Draft SEIR analyzes the potential impacts to tribal cultural resources caused by the construction and operation of the Proposed Project. Further, this section summarizes the results of the required notification and consultation with Native American tribes who expressed interest in Project consultation with the City. 4.7.1. ENVIRONMENTAL SETTING According to the Conservation and Open Space Element of the Santa Clarita General Plan, the earliest physical evidence of human occupation in the Upper Santa Clara River area dates from 7,000 to 4,000 years ago, and was recovered from two sites near Vasquez Rocks.1 The identities of these early settlers are unknown. The Tataviam peoples began to reach the Santa Clarita area in A.D. 450, where they lived primarily in the upper reaches of the Santa Clara River, extending from the Antelope Valley to the San Gabriel Mountains.2 The Native American Heritage Commission (NAHC) identified three sites of Native American cultural significance near the Santa Clara River: CA-LAN-361 (Vasquez Rocks), CA-LAN-366, and CA-LAN-367. The Fernandeño Tataviam Band of Mission Indians created a map in 2015 that shows the historic tribal territories in the vicinity of modern-day Santa Clarita, which shows the tribal areas of Piinga and Chaguayanga to the north of Santa Clarita, Tochonanga and Juunga to the west, Tobimonga to the east, and Passenga and Achoicominga to the south.3 Other sites of cultural significance include Bowers Cave, near Val Verde, which contained many Native American cultural and religious artifacts, and is located at the crest of the mountain near the entrance to the Chiquita Canyon landfill.4 Notification of the Proposed Project, pursuant to Assembly Bill (AB) 52 and Section 21080.3.1 of the California Public Resources Code (PRC), was provided to Tribal President Rudy Ortega Jr. of the Fernandeño Tataviam Band of Mission Indians. Mr. Jairo Avila, the Fernandeño Tataviam Band of Mission Indians Tribal Historic and Cultural Preservation Officer, replied and acknowledged consultation with the City on the Proposed Project. The HMNH campus is in an urbanized area that supports a variety of institutional, residential, office, and public facilities land uses. The Project Site involves two previously disturbed sites on the HMNH campus—an existing parking structure (PS-4) and an existing surface parking lot (Lot D). Given that the Project Site has been subject to grading and development in the past, culturally significant tribal resources that may have existed at one time have likely been previously disturbed. 4.7.2. REGULATORY FRAMEWORK STATE Assembly Bill 52 (AB 52) California law protects Native American burials, skeletal remains, and associated grave items regardless of the age of such items, and provides for the sensitive treatment and disposition of remains. Specifically, Governor Brown signed AB 52 on September 25, 2014, which established that 1 Vasquez Rocks is a 745-acre park of unique geological rock formations near Agua Dulce Springs. 2 City of Santa Clarita, General Plan, Conservation and Open Space Element, 2011. 3 Fernandeño Tataviam Band of Mission Indians, Fernandeño Tataviam Band of Mission Indians, Historical Tribal Territory, 2015. 4 Jerry Reynolds, “Bower’s Cave,” The Signal, December 14, 1984. City of Santa Clarita Henry Mayo Newhall Hospital Master Plan Second Amendment November 2020 Draft Supplemental Environmental Impact Report 4.7-1 4.7 TRIBAL CULTURAL RESOURCES CEQA analyses of project impacts on cultural resources must include whether a project would impact tribal cultural resources.5 PRC Section 21074 states that tribal cultural resources are either of the following: 1. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: a. Included or determined to be eligible for inclusion in the California Register of Historic Places; or b. Included in a local register of historic resources as defined in subdivision (k) of Section 5020.1. 2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resources to a California Native American tribe. Further, PRC Section 21074 states that a cultural landscape that meets the criteria above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. A historical resource described in PRC Section 21084.1, a unique archaeological resource as defined in subdivision (g) of PRC Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of PRC Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a). The lead agency is also required to consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project, if: 1) the tribe requested to the lead agency in writing to be informed of proposed projects in that geographic area; and 2) the tribe requests consultation within 30 days of receipt of formal notification. PRC Section 21084.3 states that public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource and provides examples of mitigation measures that can be implemented to avoid or minimize the significant adverse impacts. The consultation process ends when both parties agree to measures to avoid or mitigate significant effects on tribal cultural resources or when one of the parties, in good faith, concludes that mutual agreement cannot be reached. If there are any human remains accidently discovered during the process of construction, CEQA Guidelines Section 15064.5(d-e) addresses consultation requirements, along with California Health and Safety Code Section 7050.5 and PRC Section 5097.98. 5 Specifically, AB 52 amended PRC Section 5097.94 and added Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3. Henry Mayo Newhall Hospital Master Plan Second Amendment City of Santa Clarita Draft Supplemental Environmental Impact Report November 2020 4.7-2 4.7 TRIBAL CULTURAL RESOURCES Executive Order B-10-11 On September 19, 2011, Governor Brown issued Executive Order B-10-11, which established the Governor’s Office of the Tribal Advisor and a State policy that all agencies and departments shall encourage communication and consultation with California Indian tribes and allow tribal governments to provide meaningful input into proposed decisions and policies that may affect tribal communities. California Health and Safety Code Section 7050.5 California Health and Safety Code Section 7050.5 provides for treatment of human remains exposed during construction. No further disturbance may occur until the county coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. The coroner has 24 hours to notify the NAHC if the remains are determined to be of Native American descent. The NAHC will contact most likely descendants (MLD), who may recommend how to proceed. Public Resources Code Section 5097.98 PRC Section 5097.98 provides a protocol for notifying the MLD of the deceased if human remains are determined to be Native American in origin. It also provides mandated measures for appropriate treatment and disposition of exhumed remains. LOCAL City of Santa Clarita General Plan Applicable goals, objectives, and policies from the General Plan Conservation and Open Space Element are listed below.6 Cultural and Historical Resources • Goal CO 5: Protection of historical and culturally significant resources that contribute to community identity and a sense of history. − Objective CO 5.3 Encourage conservation and preservation of Native American cultural places, including prehistoric, archaeological, cultural, spiritual, and ceremonial sites on both public and private lands, throughout all stages of the planning and development process. o Policy CO 5.3.1: For any proposed general plan amendment, specific plan, or specific plan amendment, notify and consult with any California Native American tribes on the contact list maintained by the California Native American Heritage Commission that have traditional lands located within the City’s jurisdiction, regarding any potential impacts to Native American resources from the proposed action, pursuant to State guidelines. o Policy CO 5.3.2: For any proposed development project that may have a potential impact on Native American cultural resources, provide notification to California Native American tribes on the contact list maintained by the Native American 6 City of Santa Clarita, General Plan, Conservation and Open Space Element, 2011. City of Santa Clarita Henry Mayo Newhall Hospital Master Plan Second Amendment November 2020 Draft Supplemental Environmental Impact Report 4.7-3 4.7 TRIBAL CULTURAL RESOURCES Heritage Commission that have traditional lands within the City’s jurisdiction, and consider the input received prior to a discretionary decision. o Policy CO 5.3.3: Review and consider a cultural resources study for any new grading or development in areas identified as having a high potential for Native American resources, and incorporate recommendations into the project approval as appropriate to mitigate impacts to cultural resources. 4.7.3. CONSIDERATION AND DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES THRESHOLDS OF SIGNIFICANCE In accordance with CEQA Guidelines Appendix G, the Project would have a significant impact on tribal cultural resources if it would: Threshold (a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i.
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