State of California
Pete Wilson, Governor

Governor's Office of Planning and Research

1400 Tenth Street
Sacramento, CA 95814
916-322-2318

Lee Grissom, Director, Office of Planning and Research
Robert Cervantes, Chief, Planning Unit
Antero Rivasplata, Chief, State Clearinghouse

April 1994

The CEQA Technical Advice Series is intended to offer CEQA practitioners, particularly at the local level, concise information about some aspect of the California Environmental Quality Act. This series of occasional papers is part of OPR's public education and training program for planners, developers, and others.

A print version of this document, with an additional appendix containing examples of local government guidelines, can be ordered for $3.00 from the above address. Please make your check or money order payable to the Governor's Office of Planning and Research.

Acknowledgments

The author would like to thank the following individuals for their contributions during the drafting of this paper. Their gracious assistance was invaluable.

Jennie Benning, State Office of Historic Preservation
Al Farber, QUAD Consultants
Dana McGowan, Jones and Stokes Associates
Larry Myers, Native American Heritage Commission
Dr. Kyle Napton, California State University, Stanislaus
Carol Roland, State Office of Historic Preservation
Marianne Russo, California State University, Sacramento
Jay Von Werlhof, Imperial Valley College Museum
Cherilyn E. Widell, State Historic Preservation Officer

Introduction

The California Environmental Quality Act (Public Resources Code Sections 21000, et seq.) requires that before approving most discretionary projects the Lead Agency must identify and examine the significant adverse environmental effects which may result from that project. Where a project may adversely affect a unique archaeological resource, Section 21083.2 of the Act requires that the Lead Agency treat that effect as a significant environmental effect and prepare an environmental impact report (EIR). When an archaeological resource is listed in or eligible to be listed in the California Register of Historical Resources, Section 21084.1 requires that any substantial adverse effect to that resource be considered a significant environmental effect.

The following advisory memo reviews the requirements of Public Resources Code Sections 21083.2 and 21084.1, and offers cities and counties suggestions for means of complying with those requirements. This memo is supplemental to, but does not supercede or amend the CEQA Guidelines. Unlike the Guidelines it is not a regulation. All code citations reference the Public Resources Code unless otherwise noted.

Next: Advisory memo on Sections 21083.2 and 21084.1 of the Public Resources Code

Attachments:

Appendix 1: Excerpts from the Public Resources Code

Appendix 2: Appendix K of the CEQA Guidelines

Appendix 3: Historical Resources Information Centers