Appendix 1
Excerpts from the Public Resources Code
Excerpts from Section 5020.1:
(j) "Historical resource" includes, but is not limited to, any
object, building, structure, site, area, place, record, or manuscript which
is historically or archaeologically significant, or is significant in the
architectural, engineering, scientific, economic agricultural, educational,
social, political, military, or cultural annals of California.
(k) "Local register of historic resources" means a list of properties
officially designated or recognized as historically significant by a local
government pursuant to a local ordinance or resolution.
(q) "Substantial adverse change" means demolition, destruction,
relocation, or alteration such that the significance of an historical resource
would be impaired.
Excerpt from Section 5024.1:
(g) A resource identified as significant in an historical resource survey
may be listed in the California Register if the survey meets all of the
following criteria:
(1) The survey has been or will be included in the State Historic Resources
Inventory.
(2) The survey and the survey documentation were prepared in accordance
with office procedures and requirements.
(3) The resource is evaluated and determined by the office [of Historic
Preservation] to have a significance rating of Category 1 to 5 on DPR Form
523.
(4) If the survey is five or more years old at the time of its nomination
for inclusion in the California Registry, the survey is updated to identify
historical resources which have become eligible or ineligible due to changed
circumstances or further documentation and those which have been demolished
or altered in a manner that substantially diminishes the significance of
the
Section 21083.2:
21083.2. (a) As part of the determination made pursuant to Section 21080.1,
the lead agency shall determine whether the project may have a significant
effect on archaeological resources. If the lead agency determines that the
project may have significant effect on unique archaeological resources,
the environmental impact report shall address the issue of those resources.
An environmental impact report, if otherwise necessary, shall not address
the issue of nonunique archaeological resources. A negative declaration
shall be issued with respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise issued.
(b) If it can be demonstrated that a project will cause damage to a unique
archaeological resource, the lead agency may require reasonable efforts
to be made to permit any or all of these resources to be preserved in place
or left in an undisturbed state. Examples of that treatment, in no order
of preference, may include, but are not limited to, any of the following:
(1) Planning construction to avoid archaeological sites.
(2) Deeding archaeological sites into permanent conservation easements.
(3) Capping or covering archaeological sites with a layer of soil before
building on the sites.
(4) Planning parks, greenspace, or other open space to incorporate archaeological
sites.
(c) To the extent that unique archaeological resources are not preserved
in place or not left in an undisturbed state, mitigation measures shall
be required as provided in this subdivision. The project applicant shall
provide a guarantee to the lead agency to pay one-half the estimated cost
of mitigating the significant effects of the project on unique archaeological
resources. In determining payment, the lead agency shall give due consideration
to the in-kind value of project design or expenditures that are intended
to permit any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an undisturbed
state. When a final decision is made to carry out or approve the project,
the lead agency shall, if necessary, reduce the specified mitigation measures
to those which can be funded with the money guaranteed by the project applicant
plus the money voluntarily guaranteed by any other person or persons for
those mitigation purposes. In order to allow time for interested persons
to provide the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner than 60
days after completion of the recommended special environmental impact report
required by this section.
(d) Excavation as mitigation shall be restricted to those parts of the unique
archaeological resource that would be damaged or destroyed by the project.
Excavation as mitigation shall not be required for a unique archaeological
resource if the lead agency determines that testing or studies already completed
have adequately recovered the scientifically consequential information from
and about the resource, if this determination is documented in the environmental
impact report.
(e) In no event shall the amount paid by a project applicant for mitigation
measures required pursuant to subdivision (c) exceed the following amounts:
(1) An amount equal to one-half of 1 percent of the project cost of the
project for mitigation measures undertaken within the site boundaries of
a commercial or industrial project.
(2) An amount equal to three-fourths of 1 percent of the projected cost
of the project for mitigation measures undertaken within the site boundaries
of a housing project consisting of a single unit.
(3) If a housing project consists of more than a single unit, an amount
equal to three-fourths of 1 percent of the projected cost of the project
for mitigation undertaken within the site boundaries of the project for
the first unit plus the sum of the following:
(A) Two hundred dollars ($200) per unit for any of the next 99 units.
(B) One hundred fifty dollars ($150) per unit for any of the next 400 units.
(C) One hundred dollars ($100) per unit in excess of 500 units.
(f) Unless special or unusual circumstances warrant an exception, the field
excavation phase of an approved mitigation plan shall be completed within
90 days after final approval necessary to implement the physical development
of the project or, if a phased project, in connection with the phased portion
to which the specific mitigation measures are applicable. However, the project
applicant may extend that period if he or she so elects. Nothing in this
section shall nullify protections for Indian cemeteries under any other
provision of law.
(g) As used in this section, "unique archaeological resource"
means an archaeological artifact, object, or site about which it can be
clearly demonstrated that, without merely adding to the current body of
knowledge, there is a high probability that is meets any of the following
criteria:
(1) Contains information needed to answer important scientific research
questions and there is a demonstrable public interest in that information.
(2) Has a special and particular quality such as being the oldest of its
type or the best available example of its type.
(3) Is directly associated with a scientifically recognized important prehistoric
or historic event or person.
(h) As used in this section, "nonunique archaeological resource"
means an archaeological artifact, object, or site which does not meet the
criteria in subdivision (g). A nonunique archaeological resource need be
given no further consideration, other than simple recording of its existence
by the lead agency if it so elects.
(i) As part of the objectives, criteria, and procedures required by Section
21082 or as part of conditions imposed for mitigation, a lead agency may
make provisions for archaeological sites accidently discovered during construction.
These provisions may include an immediate evaluation of the find. If the
find is determined to be a unique archaeological resource, contingency funding
and a time allotment sufficient to allow recovering an archaeological sample
or to employ one of the avoidance measures may be required under the provisions
set forth in this section. Construction work may continue on other parts
of the building site while archaeological mitigation takes place.
(j) This section does not apply to any project described in subdivision
(a) or (b) of Section 21065 if the lead agency elects to comply with all
other applicable provisions of this division. This section does not apply
to any project described in subdivision (c) of Section 21065 if the applicant
and the lead agency jointly elect to comply with all other applicable provisions
of this division.
(k) Any additional costs to any local agency as a result of complying with
this section with respect to a project of other than a public agency shall
be borne by the project applicant.
(l) Nothing in this section is intended to affect or modify the requirements
of Section 21084 or 21084.1.
Section 21084.1:
A project that may cause a substantial adverse change in the significance
of an historical resource is a project that may have a significant effect
on the environment. For purposes of this section, an historical resource
is a resource listed in, or determined to be eligible for listing in, the
California Register of Historical Resources. Historical resources included
in a local register of historical resources, as defined in subsection (k)
of Section 5020.1, are presumed to be historically or culturally significant
for purposes of this section, unless the preponderance of the evidence demonstrates
that the resource is not historically or culturally significant. The fact
that a resource is not listed in, or determined to be eligible for listing
in, the California Register of Historical Resources, not included in a local
register of historical resources, or not deemed significant pursuant to
criteria set forth in subdivision (g) of Section 5024.1 shall not preclude
a lead agency from determining whether the resource may be an historical
resource for purposes of this section.
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318