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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) NEGATIVE DECLARATION <br /> <br />The exchange of confidential information regarding tribal cultural resources submitted by <br />a California Native American tribe during the consultation or environmental review process <br />among the Lead Agency, the California Native American tribe, the project applicant, or the <br />project applicant's agent is not prohibited by Public Resources Code Section 21082.3. The <br />project applicant and the project applicant's legal advisers must use a reasonable degree of care <br />and maintain the confidentiality of the information exchanged for the purposes of preventing <br />looting, vandalism, or damage to tribal cultural resources and shall not disclose to a third party <br />confidential information regarding the cultural resource unless the California Native American <br />tribe providing the information consents in writing to the public disclosure of such information. <br />Public Resources Code Section 21082.3 does not prevent a Lead Agency or other public <br />agency from describing the information in general terms in the Negative Declaration or <br />Mitigated Negative Declaration so as to inform the public of the basis of the Lead Agency's or <br />other public agency's decision without breaching the confidentiality required. In addition, a Lead <br />Agency may adopt a Mitigated Negative Declaration for a project with a significant impact on an <br />identified tribal cultural resource only if one of the following occurs: <br />(a) The consultation process between the California Native American tribe and the <br />Lead Agency has occurred as provided in Public Resources Code Sections <br />21080.3.1 and 21080.3.2 and concluded pursuant to subdivision (b) of Section <br />21080.3.2. <br />(b) The California Native American tribe has requested consultation pursuant to <br />Public Resources Code Section 21080.3.1 and has failed to provide comments to <br />the Lead agency, or otherwise failed to engage, in the consultation process. <br />(c) The Lead Agency has complied with subdivision (d) of Section 21080.3.1 of the <br />Public Resources Code and the California Native American tribe has failed to <br />request consultation within 30 days. <br />If substantial evidence demonstrates that a project will cause a significant effect to a <br />tribal cultural resource but the decision-makers do not include the mitigation measures <br />recommended by the staff in the Mitigated Negative Declaration, or if there are no agreed upon <br />mitigation measures at the conclusion of the consultation; or if no consultation has occurred, the <br />Lead Agency must still consider the adoption of feasible mitigation. <br />6.09 S IGNIFICANT A DVERSE I MPACTS TO T RIBAL C ULTURAL R ESOURCES <br />Public agencies shall, when feasible, avoid damaging effects to any tribal cultural <br />resource. If the Lead Agency determines that a project may cause a substantial adverse change <br />to a tribal cultural resource, and measures are not otherwise identified in the consultation process <br />provided in Public Resources Code section 21080.3.2 and as set forth in Local Guidelines <br />Section 6.07, the following examples of mitigation measures, if feasible, may be considered to <br />avoid or minimize the significant adverse impacts: <br />(a) Avoidance and preservation of the resources in place, including, but not limited <br />to, planning and construction to avoid the resources and protect the cultural and <br /> <br />2019 City of Santa Ana Local Guidelines 6-7 ©Best Best & Krieger LLP <br /> <br />