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City of Santa Ana <br />Grant Agreement No. 23-155 <br />Page 3 <br />III. ADDITIONAL GRANT CONDITIONS <br />1. The grantee shall retain a Native American Monitor from or approved by the Gabrileno Band <br />of Mission Indians ("Tribe"). <br />a. The monitor shall be retained prior to the commencement of any "ground -disturbing <br />activity" Torrhe project -`Geoand disturbing activity" -includes —buffs riot 1imifCd-f6, <br />demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, <br />grading, excavation, drilling, and trenching. <br />b. The grantee shall execute the monitoring agreement prior to the commencement of <br />any ground -disturbing activity and shall retain the monitoring agreement during the <br />term of this agreement. <br />c. The grantee shall require the monitor to complete daily monitoring logs that describe <br />the ground -disturbing activities, the type of construction activities performed, <br />locations of ground disturbing activities, soil types, cultural -related materials, and any <br />other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor <br />logs shall identify and describe any discovered tribal cultural resources (TCRs), <br />including but not limited to, Native American cultural and historical artifacts, <br />remains, places of significance, etc., as well as any discovered Native American <br />(ancestral) human remains and burial goods. The monitor shall provide the <br />monitoring logs to the Tribe with a copy to the grantee upon grantee's written request <br />to the monitor. <br />d. On -site tribal monitoring shall conclude upon either of the following (1) written <br />confirmation to the Tribe from a designated point of contact for the grantee that all <br />ground -disturbing activities in connection with the project are complete; or (2) a <br />determination and written notification by the Tribe to the grantee that no future, <br />planned construction activity at the project site possesses the potential to impact <br />TCRs. <br />e. Upon discovery of any TCRs, all construction activities in the immediate vicinity of <br />the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not <br />resume until the discovered TCR has been fully assessed by the Tribe monitor and/or <br />Tribe archaeologist. Upon the discovery of any TCRs, the monitor shall notify the <br />Tribe, grantee, and Native American Heritage Commission. <br />2. Unanticipated Discovery of Human Remains and Associated Grave Goods <br />a. Pursuant to Public Resources Code Sections 5097.98(d)(1)-(2), Native American <br />human remains are defined as an inhumation or cremation, and in any state of <br />decomposition or skeletal completeness and Grave Goods, sometimes referred to as <br />