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Cultural Resource Protection Under CEQA and Other Legislative Mandates

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Historical and archeological resources enjoy special and complex rules under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) when new development …

Historical and archeological resources enjoy special and complex rules under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) when new development projects are proposed. This one-day program provides a comprehensive overview of the treatment of cultural (historical and archeological) resources under these two environmental impact assessment laws, including important distinctions in requirements between the two laws. Topics include cultural resources subject to CEQA and NEPA; the role of CEQA and NEPA in requiring the evaluation and protection of cultural resources; responsibilities of lead agencies, California's State Historic Preservation Office (SHPO), and other agencies in evaluating cultural resources; what makes impacts "significant"; evaluating and mitigating impacts--what is adequate and what is not; other historic preservation laws, including Section 106 of the National Historic Preservation Act; and key court decisions related to cultural resources.

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  • 1. University of California, Los Angeles Public Policy Program CEQA and Other Legislative Mandates: How to Successfully Integrate Environmental Laws March 7, 2008 Ron Bass, J.D., AICP Senior Regulatory Specialist Jones & Stokes Susan Hori, J.D. Partner Manatt, Phelps & Phillips LLP
  • 2. Unit 1. Introduction
  • 3. Introduction—Course Overview  Relationship of CEQA to other legislative mandates  Overview of integration of laws and coordination among agencies  Ten-Step Integration Process  National Environmental Policy Act: law and regulations  Wetlands, streams, and other waters: laws and regulations  Endangered species: laws and regulations  Historic Resources: laws and regulations  Water quality: laws and regulations  Other legislative mandates
  • 4. Course Objectives  Implement CEQA’s mandate to integrate with other laws  Review the key laws and regulations that must be integrated  Present a step-by-step approach to successful integration of CEQA with other laws  Apply the integration approach to projects
  • 5. Unit 2. Overview of Integration Between CEQA and Other Laws
  • 6. Overview of Environmental Laws: State  California Environmental Quality Act (CEQA)  CA Fish and Game Code Section 1600-1616  Porter-Cologne Act  California Endangered Species Act  California Coastal Act  California Air Quality Laws including AB 32 (GHG/Climate Change)
  • 7. Overview of Environmental Laws: Federal  National Environmental Policy Act (NEPA)  Federal Clean Water Act (CWA)  Federal Endangered Species Act (ESA)  Section 106 National Historic Preservation Act (NHPA)  Coastal Zone Management (CZMA)  Clean Air Act (CAA)
  • 8. CEQA Project Description “Integration” Provisions An EIR Project Description must include a statement briefly describing the intended uses of the EIR. This statement shall include, to the extent that the information is known to the Lead Agency:  A) A list of the agencies that are expected to use the EIR in their decision-making  B) A list of permits and other approvals required to implement the project.  C) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies. To the fullest extent possible, the lead agency should integrate CEQA review with these related environmental review and consultation requirements. CEQA Guidelines Sec. 15124 (d)
  • 9. CEQA Review Process and The Concept of Integration Lead Agency Other Agencies Notice of preparation/scoping Draft CEQA document Consult, Public Notice and Review Coordinate And Response to comments Incorporate Final CEQA Document Project Decision CEQA Guidelines sec. 15082, et seq.
  • 10. CEQA Document as the “Umbrella” CEQA NEPA Federal Laws State Laws •CWA •Porter-Cologne •ESA •Cal ESA •NHPA •Cal. Air Quality •CAA •Cal Historic •CZMA •Cal. Coastal Act •Other federal •Other federal
  • 11. Identifying the CEQA Process Participants Agencies with Jurisdiction by Law Responsible Concerned Agencies Citizens and Organizations Lead Courts Agency Trustee Federal Agencies agencies Project Applicants
  • 12. Brief History of Environmental Laws and Regulations  Before 1970: Environmental review and permitting fragmented, uncoordinated – often none at all  1970–1980: Modern environmental laws enacted (NEPA, ESA, CWA, CAA)  1978: Council on Environmental Quality NEPA Regulations require integrated environmental reviews  1980–1990: Detailed regulations for implementing ESA, CWA, CAA, NHPA adopted  1990–present: Integrated environmental compliance and sophistication of approaches expand  1998: CEQA Guidelines amended to require integrated environmental reviews
  • 13. Thank you for viewing our presentation of Cultural Resource Protection Under CEQA, NEPA, and Other Legislative Mandates If you are interested in this seminar, the next offering will be held on Friday, October 1, 2010 REG# V5986 | $350 ($375 thereafter 9/1) | 810 Urban Planning | 0.6 CEU 6 hrs of CM credit for AICP certified planners | 6 hrs of MCLE credit Location: UCLA Extension Downtown Los Angeles Figueroa Courtyard 102 | 261 S. Figueroa St. Enroll: Call (310) 825 - 9971 or go to www.uclaextension.edu Phone: (310) 825-7885 | Website: www.uclaextension.edu/publicpolicy Blog: www.uclaextensionppp.wordpress.com | Twitter: www.twitter.com/unexpubpol Address: UCLA Extension Public Policy Program, 10995 Le Conte Avenue, Suite 413, Los Angeles, CA 90024