Title
Department of Transportation recommending the Board adopt the revised Board of Supervisors Policy, A-8, Payment or Reimbursement to Consulting Parties on County Projects, formalizing the position of El Dorado County on providing payment or reimbursement to interested third parties requesting consultation prior to and during review under the California Environmental Quality Act and National Environmental Policy Act, for projects in the County.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On June 5, 2018 (Legistar 18-0234), the Board adopted Policy A-8, Payment or Reimbursement to Consulting Parties on County Projects, formalizing the County’s position regarding providing payment or reimbursement to interested third parties requesting consultation prior to and during preparation and review of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) for Department of Transportation’s (Transportation) and County projects. This policy has been reviewed for continued relevance, timeliness, and accuracy and requires continued ratification.
In 2014, the State of California enacted Assembly Bill 52 (AB52), Chapter 532 of the California Public Resources Code, which establishes a formal consultation process for California tribes as part of CEQA that equates significant environmental impacts on “tribal cultural resources” (TCRs). AB52 recognizes that tribes may have expertise in tribal history and “tribal knowledge about land and TCRs at issue should be included in environmental assessments for projects that may have a significant impact on those resources.” CEQA analysis must consider tribal resources, including “the tribal cultural values in addition to scientific and archaeological values when determining impacts and mitigation.”
This consultation requirement applies to all County projects and those development proposals submitted to the County for review and approval. The policy is intended to apply to County projects whether they...
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