Cultural Resource Protection

As a leader in the development of state and federal cultural preservation laws, The Circle Law Group can advise tribal governments regarding the implementation of those laws. Our cultural resources advocacy has been integral to the development of cultural resource protection laws including drafting of SB 18 in 2003/2004 (tribal consultation during general planning) and collaboration with other tribal advocates to implement AB 52 (tribal consultation during CEQA process).

More recently we have worked to fix gaps in legislation that streamlines certain projects from CEQA – to the detriment of tribal cultural resource protection efforts. AB 168 was an amendment to the Government Code that requires scoping consultation for streamlined projects. With recent amendments to law, we seek to ensure that tribal advocates are not stymied by loopholes in statute, and will continue to advocate for stronger protections for tribal cultural resources by seeking to extend AB 168 to all projects streamlined under CEQA. Our work often includes the following:

➤ State general planning process participation including consultation with local governments, developing mitigation agreements, and identifying preservation issues under tribal, state and federal law.

➤ Developing protocols for effective consultation between tribal and local governments during the general planning process.

➤ Compliance with, and implementation, of the Native American Graves Protection and Repatriation Act.

➤ Determining the applicability of tribal, local, state and federal land use, and environmental laws and policies on a particular site or development.

➤ Negotiation of cultural resource protection and tribal monitoring agreements.

➤ Where no other option is feasible, litigation based on state or federal law violations during the planning and development process.