Clearlake holds AB 52 tribal consultation training; tribes urge early engagement to protect cultural resources

Clearlake held a joint special meeting and training on tribal consultation on June 30, where city staff, councilmembers, planning commissioners and representatives from several culturally affiliated tribes heard detailed guidance on the legal and practical steps for protecting tribal cultural resources (TCRs).

The workshop, introduced by City Manager Alan Flora, featured Lisa Westwood, a registered professional archaeologist with ECORP Consulting, who explained how Assembly Bill 52 (AB 52) amended the California Environmental Quality Act (CEQA) to require government-to-government consultation early in the environmental review process. "AB 52 also established that tribes are the experts in tribal cultural resources," Westwood said, and she summarized the key timing milestones: agencies must notify tribes within 14 days of deciding to undertake CEQA review, initiate consultation within 30 days after a tribe requests it, and may not circulate an environmental document if consultation has been requested but not initiated.

Westwood described the practical consequences for local projects, including that a "substantial adverse change" to a TCR can constitute a significant effect under CEQA and trigger the need for an environmental impact report. She cautioned that categorical exemptions may not apply where TCRs are likely, and recommended checklists and tracking forms so city staff can meet statutory notice and timing requirements.

Tribal speakers framed those legal rules in lived and historical terms. Dino Beltran, who opened with a prayer, said the issue "is a spiritual thing" for his community and thanked the city for convening the training. Robert Gary, speaking in his role as a tribal historic preservation officer, emphasized the four categories of TCRs -- human remains and burial-associated items; traditional cultural sites (villages, campsites, quarries); religious and spiritual sites; and artifacts -- and described how tribal mapping, oral histories and on-the-ground surveys supply "substantial evidence" that agencies must consider.

Robert Gary described how tribes use GIS mapping and archival records to identify sensitive areas and prepare tribal monitors for ground-disturbing work. He noted safety and certification requirements for monitors on hazardous sites (for example, Hazwoper training on the Mercury Mine/Superfund sites) and said tribal monitoring and early project redesign often avoid expensive redesigns or inadvertent damage.

Both presenters urged individualized government-to-government consultations (rather than large, combined meetings) because tribes are sovereign nations with distinct protocols and decision-making processes. Westwood recommended a mitigation hierarchy — avoid, then minimize, then mitigate — and cited a common industry buffer of about 100 feet as a starting point for protecting an area when the exact extent of an underground resource is unknown.

The workshop also covered related statutes and programs: Senate Bill 18 (planning and general-plan related consultation and longer initial response windows), AB 168 (scoping consultations added for ministerial SB 35 affordable-housing approvals), NEPA and Section 106 (federal consultation when there is a federal nexus), NAGPRA and other federal/state authorities referenced in the presentations.

Council and commission members thanked the presenters. The meeting then moved to routine business: a motion to approve the consent agenda was made and seconded and passed by unanimous vote. The mayor adjourned the meeting at 11:48 a.m.

What happens next: presenters said Westwood will provide the workshop slides to City Manager Alan Flora for distribution to attendees and staff, and recommended the city formalize checklists, designated tribal liaisons and periodic coordination meetings to ensure statutory deadlines and tribal opportunities to consult are met.