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HomeMy Public PortalAboutPublic Comment #5 (Native American Heritage Commission)NATIVE AMERICAN HERITAGE COMMISSION 1550 Harbor Blvd., Suite 100 West SACRAMENTO, CA 95691 (916) 373 -3710 Fax (916) 373 -5471 October 14, 2013 x planning tr 2.1 Denyelle Nishimori Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 RE: SCH #2012052073, Joerger Ranch Specific Plan, Truckee, Nevada County Dear Ms. Nishimori: The Native American Heritage Commission (NAHC) has reviewed the draft EIR referenced above. CEQA Guidelines §15064.5(e), Health and Safety Code §7050.5, and Public Resources Code §5097.98 identify the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. Mitigation Measure 3.3 -3 (Pages ES- 20 -21) misidentifies the process for addressing the inadvertent discovery of human remains and should be revised. The mitigation measure states: The coroner will make a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of with appropriate dignity, the human remains and any associated grave goods, which may include obtaining a qualified archaeologist or team of archaeologist to properly excavate the human remains. In accordance with Public Resources Code §5097.98(a), after being notified by the County Coroner of a discovery of Native American human remains, pursuant to Health and Safety Code §7050.5(c), the NAHC designates a Most Likely Descendant (MILD). It is the MLD that recommends to landowner, or his or her designee means, for the treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. It is extremely unlikely that a MLD would recommend that a team of archaeologists excavate Native American human remains prior to having a plan for reburial. Moreover, the first consideration in most cases is that Native American remains and any associated grave items be preserved undisturbed in place. In that the Washoe Tribe of California and Nevada would be the MILD for discoveries of Native American human remains within the Truckee area, it may be appropriate to discuss the Tribe's preferences in advance of any discoveries. In addition, Government Code §65352.3 requires local governments to consult with California Native American tribes identified by the NAHC for the purpose of protecting, and /or mitigating impacts to cultural places in creating or amending general plans, which includes specific plans. To consult regarding any potential impacts to cultural places, including burial sites, within the specific plan area please contact: Chairperson Darrel Kizer, Washoe Tribe of Nevada and California 919 Highway 395 South Gardnerville, NV 89410 Telephone Number: (775) 265 -4191 Email: ktrovato @washoetribe.us The specific steps outlined by Health and Safety Code §7050.5 and Public Resources Code §5097.98 in the event of the inadvertent discovery of human remains is as follows: ➢ Pursuant to Health and Safety Code §7050.5(b): ✓ In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains... ✓ The County Coroner must be immediately contacted to determine the circumstances, manner and cause of death. ✓ The Coroner has two working days to mike his or her determination. ➢ Pursuant to Health and Safety Code §7050.5(c): ✓ If the Coroner determines that the remains are Native American, within 24 hours of making the determination, the Coroner must contact the NAHC. ➢ Pursuant to Public Resources Code §5097.98(a): • The NAHC immediately notifies the person it believes to be the most likely descendent of the deceased Native American (MLD). • After being granted access to the site of the discovery, the MLD has 48 hours to make recommendations for the landowner or his or her designee to the treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. ➢ Pursuant to Public Resources Code §5097.98(b): ✓ The landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section, with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment.... ➢ Pursuant to Public Resources Code §5097.98(e): • Whenever the commission is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. • To protect these sites, the landowner shall do one or more of the following: • Record the site with the commission or the appropriate Information Center. • Utilize an open -space or conservation zoning designation or easement. • Record a document with the county in which the property is located. The document shall be titled "Notice of Reinterment of Native American Remains" and shall include a legal description of the property, the name of the owner of the property, and the owner's acknowledged signature, in addition to any other information required by this section. The document shall be indexed as a notice under the name of the owner. ➢ Pursuant to Public Resources Code §5097.98(f): ✓ Upon the discovery of multiple Native American human remains during a ground disturbing land development activity, the landowner may agree that additional conferral with the descendants is necessary to consider culturally appropriate treatment of multiple Native American human remains. Culturally appropriate treatment of the discovery may be ascertained from a review of the site utilizing cultural and archaeological standards. Where the parties are unable to agree on the appropriate treatment measures the human remains and items associated and buried with Native American human remains shall be reinterred with appropriate dignity, pursuant to subdivision (e). If you have any questions, please contact me by email at rw nahc @pacbell.net. Sincerely, Rob Wood Associate Government Program Analyst CC: State Clearinghouse