Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Preparing a Plan.
Prior to submitting a Plan, the RPF, or the RPF's
Supervised Designee:
(1) Shall conduct
an archaeological records check at the appropriate Information Center. A
previously-conducted archaeological records check for the property may be used
to satisfy this requirement if it covers the entire area proposed for Timber
Operations and if it meets the definition of "Current Archaeological Records
Check" in 14 CCR §
895.1.
(2) Shall provide written notification to
Native Americans of the preparation of a Plan. The primary purpose for this
notification is to provide Native Americans an opportunity to disclose the
existence of any Native American Archaeological or Cultural Sites that are
potentially within or adjacent to the site survey area, and the opportunity to
comment on the Plan. The RPF shall allow a minimum of 10 days for response to
this notice before submitting the Plan to the Director. The remainder of the
10-day waiting period is waived when all Native Americans required to be
informed respond in less than 10 days. This notice shall contain the following
attachments or items of information:
(A) A
request for information concerning the potential existence of any Native
American Archaeological or Cultural Sites within the Plan boundaries.
(B) Information concerning the location of
the Plan including:
1. A general location map
that, at a minimum, shows the travel route from the nearest community or
well-known landmark to the Plan area.
2. A copied segment of the titled USGS (if
available) or equivalent map(s) that displays the approximate boundary of the
Plan area, and includes a map legend and a scale.
3. A description of the Plan location
including the county, section, township, range, base and meridian, and the
approximate direction and distance from the nearest community or well-known
landmark.
(C) A statement
that all replies, comments, questions, or other information submitted by Native
Americans as a result of this notice be directed to the RPF. The name, address,
and phone number of the RPF shall be provided.
(D) Information concerning the available time
for response. Indicate that the RPF is requesting a response within ten days
from the date of the notice so the information can be incorporated into the
Plan when initially submitted to the Director. Provide the estimated date the
Plan will be submitted to Director. Provide the following statement: "The
earliest possible date the Director may approve the Plan is 16 calendar days
after it is submitted to Director, although typically, the Plan is reviewed for
at least 45 calendar days following Plan submittal before the Director approves
the Plan."
(E) A statement that the
Native American groups may participate in the Plan review process by submitting
written comments to the Director before close of public comment
period.
(F) A statement that
locations of sites disclosed will be kept confidential.
(G) A statement that a CAA will be prepared
for the Plan and a copy of pertinent information contained within the CAA may,
at the discretion of the Director, be obtained from the
Director.
(3) Shall
provide a Professional Archaeologist or a Person with archaeological training
(in accordance with
14 CCR
§
969.4), to conduct a field survey for
archaeological and historical sites within the site survey area. Previous
archaeological surveys within the site survey area may also be used to
partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted
prior to the field survey, including review of appropriate literature and
contacting knowledgeable individual, concerning potential archaeological or
historical sites occurring on the property.
(b) Provide Notification to Native Americans
if a Native American Archaeological or Cultural Site is located within the
Plan. On a Plan that contains a Native American Archaeological or Cultural Site
as defined in
14 CCR
§
895.1 the RPF or the RPF's Supervised
Designee shall:
(1) provide a written notice
to Native Americans informing them of the presence of Native American cultural
resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone
number.
(B) The name, number, or
other designator of the Plan.
(C) A
list of all known Native American Archaeological or Cultural Sites located
within the site survey area, including a name, number or other designator and
brief description of each site.
(D)
A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the
appropriate CAL FIRE Review Team Office to contact as listed under
14 CCR
§
1032, as well as a statement that
written comments may be submitted to the Director for consideration prior to
the close of public comment.
(F)
The estimated earliest date the Director may approve the
Plan.
(2) submit a copy
of all letters sent pursuant to
14 CCR
§
969.1(b)(1) to the
Director. The Director shall allow a minimum of 15 days from the date of the
notification letter for receipt of responses to notices sent pursuant to
14 CCR
§
969.1(b)(1) prior to
the close of public comment.
(c) Submitting a CAA for a Plan.
The RPF shall include the following information in a CAA
with the proposed Plan:
(1)
Administrative Information which is not confidential and may be released to the
public. This includes:
(A) The name,
affiliation, address, and phone number of the archaeological
surveyor.
(B) The name,
affiliation, address, and phone number of the RPF, if different than the
archaeological surveyor.
(C) The
Plan name ascribed by the RPF, Plan number (if known), type, and approximate
acreage.
(D) The county, legal
description, and name of USGS 7.5' Quad(s) within which the Project is
located.
(E) The date the CAA was
completed.
(F) The name of the
author of the CAA.
(G) The
signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information.
A copy of the records check and written reply (including mapped information)
from the Information Center shall be attached, or a justification as to why
that is not possible shall be included.
(A)
If the records check request and written reply from the Information Center are
attached, no additional information is required.
(B) If the records check request and written
reply from the Information Center are not attached, the following information
shall be included:
(1) Justification why
records check request and written reply could not be attached.
(2) The date the records check was conducted
at the Information Center.
(3) The
Information Center File Number.
(4)
Summary of records check results discussing whether or not archaeological or
historical sites are known or suspected to exist within the site survey area
and whether or not the site survey area has a previous archaeological
investigation on record.
(3) Results of notification to Native
Americans pursuant to
14 CCR
§
969.1(a)(2)(B). This
shall include:
(A) An example of a
notification letter and Project maps submitted to Native American
contacts.
(B) Copies of any written
responses received from Native American contacts.
(C) A list of the individuals or groups that
were provided written notification and the date of the Native American Contact
List being used.
(D) Date the
notification was sent.
(E) Results
of the information request, specifically addressing the results of information
received from the NAHC, if those results have been
received.
(4) Results of
notification to Native Americans of the existence of a Native American
Archaeological or Cultural Site on the Plan, if required, pursuant to
14 CCR
§
969.1(b).
(5) A list of the research done prior to
field survey. This list shall include literature reviewed and Persons contacted
in addition to the required archaeological records check with Information
Center and Native Americans, and a summary of the results of this
research.
(6) Information on the
current or previous archaeological surveyor(s), which is not confidential. This
shall include:
(A) the name of the current
archaeological surveyors and an indication of whether or not the Person either
meets the specifications of a Professional Archaeologist as defined in
14 CCR
§
895.1 or meets the requirements
specified in
14 CCR
§
969.4.
(B) the name of any previous archaeological
surveyors, if known.
(7)
Description of archaeological survey methods and procedures including survey
strategy, time spent conducting archaeological field survey, the date or dates
the survey was conducted, survey coverage intensity, and ground visibility or
other limitations.
(8) A list and
description of all archaeological or historical sites identified within the
site survey area including information on the site(s) size, type, and
condition. The designations used in this listing of sites found shall be
consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps
prepared in accordance with the specifications identified in the definition of
an Archaeological Coverage Map in
14 CCR
§
895.1.
(10) A preliminary determination of
significance of identified archaeological and historical sites, if Damaging
Effects from Timber Operations cannot be avoided. This determination shall be
based upon the criteria for a Significant Archaeological or Historical Site
listed in 14 CCR §
895.1.
(11) Description of any specific enforceable
protection measures to be implemented both within the site boundaries and
within 100 feet of the site boundaries.
(12) Information concerning the proposed
on-site meeting between the RPF or Supervised Designee familiar with on-site
conditions and the LTO to discuss protection of archaeological and historical
resources, if required, pursuant to
14 CCR
§
969.2(b).
(13) Information concerning site recording
requirements pursuant to
14 CCR
§
969.1(d) and
(g).
(14) Other applicable information, if any,
concerning the archaeological survey for this Project.
(15) List of attachments to the
CAA.
(d) Site Records.
Upon submission of a Plan, the RPF or the RPF's
Supervised Designee shall submit completed site records for each site proposed
to be a Significant Archaeological or Historical Site in a manner consistent
with the recording standards identified in the State Office of Historical
Preservation's "Instructions For Recording Historical Resources" March, 1995,
which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice
of three acres or more, the RPF:
(A) Shall
ensure that an archaeological field survey is, or has been previously conducted
by a Professional Archaeologist or Person with archaeological training
(pursuant to
14 CCR
§
969.4) within the site survey
area.
(B) Shall provide written
notification to Native Americans of the preparation of an Emergency Notice. The
primary purpose for this notification is to provide Native Americans an
opportunity to disclose the existence of any Native American Archaeological or
Cultural Sites that are potentially within or adjacent to the site survey area,
and the opportunity to comment on the Emergency Notice. The RPF shall allow a
minimum of seven (7) days for response to this notice before submitting
Emergency Notice(s) to the Director. The remainder of the seven (7) day waiting
period is waived when all Native Americans required to be informed respond in
less than seven (7) days. This notice shall contain the following attachments
or items of information:
1. A request for
information concerning the potential existence of any Native American
Archaeological or Cultural Sites within the Emergency Notice area identified by
the RPF.
2. Information concerning
the location of the Emergency Notice including:
a. A general location map that, at a minimum,
shows the travel route from the nearest community or well-known landmark to the
Emergency Notice area.
b. A copied
segment of the titled USGS (if available) or equivalent map(s) that displays
the approximate boundary of the Emergency Notice area, and includes a map
legend and a scale.
c. A
description of the Emergency Notice location including the county, section,
township, range, base and meridian, and the approximate direction and distance
from the nearest community or well-known landmark.
3. A statement that all replies, comments,
questions, or other information submitted by Native Americans as a result of
this notice be directed to the RPF. The name, address, and phone number of the
RPF shall be provided.
4.
Information concerning the available time for response. Indicate that the RPF
is requesting a response within seven (7) days from the date of the
notice.
(2)
Prior to submitting an Emergency Notice of three acres or more, the RPF or the
RPF's Supervised Designee:
(A) Shall complete
a Current Archaeological Records Check. This check may be conducted by
telephone. If the Information Center is unable to provide the information
within three business days following receipt of an RPF's request for an
Emergency Notice records check, the records check requirement is
waived.
(B) Shall submit a CAL as
defined in
14 CCR
§
895.1.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice
of less than three acres, the RPF or the RPF's Supervised Designee shall:
(A) Conduct an archaeological survey for said
area to determine whether it contains any significant archaeological sites
using the criteria for a Significant Archaeological or Historical Site defined
in 14 CCR
§
895.1.
(B) Send a copy of the Notice to Native
Americans.
(2) An
archaeological records check, CAA, or CAL, is not required.
(3) No Timber Operations shall occur within
the boundaries of any Significant Archaeological or Historical Sites as
determined by the RPF or the RPF's Supervised Designee.
(g) Submitting Archaeological and Historical
Information to Information Centers.
Within 30 days following the Director's approval of a
Plan or acceptance of an Emergency Notice of three acres or larger, the
Director shall send to the appropriate Information Center of the California
Historical Resource Information System the following information provided by
the RPF:
(1) a complete CAA which
includes all changes and additions required in the Plan review process and
which identifies the Plan number, or, for Emergency Notices of three acres or
larger, a CAL.
(2) two copies each
of any completed archaeological or historical site records for:
(A) archaeological sites determined to be
significant, or
(B) sites that a
Person elects to record, but for which no determination of significance has
been made.
The records shall be completed by a Person who satisfies
the requirements specified in
14 CCR
§
969.4 in a manner consistent with the
recording standards identified in the State Office of Historic Preservation's
"Instructions For Recording Historical Resources" March, 1995, which is
incorporated by reference.
(3) The RPF or Supervised Designee shall
ensure that the site records are completed in the manner specified in
subsection (2).
1. New
section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2.
Amendment of section heading and repealer and new section filed 11-26-96;
operative 1-1-97 pursuant to Public Resources Code section
4554.5
(Register 96, No. 48).
3. Amendment of section heading and section
filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 48).
4. Amendment filed 11-25-2002; operative
1-1-2003 pursuant to Public Resources Code section
4551.5
(Register 2002, No. 48).
5. Change without regulatory effect
amending subsection (b)(1)(E) filed 12-17-2008 pursuant to section
100, title 1, California Code of
Regulations (Register 2008, No. 51).
6. New subsections
(e)(1)(B)-(e)(1)(B)4. and repealer of subsection (e)(2)(C) filed 11-13-2014;
operative 1-1-2015 pursuant to Public Resources Code section
4554.5
(Register 2014, No. 46).
7. Amendment of section heading and
subsection (e)(2)(B) filed 11-23-2015; operative 1-1-2016 pursuant to Public
Resources Code section
4554.5
(Register 2015, No. 48).
8. Change without regulatory effect
amending section filed 12-20-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 51).
Note: Authority cited: Sections
4551
and
4551.5,
Public Resources Code. Reference: Sections
4582(f),
21002
and
21060.5,
Public Resources Code.
