Historical and archeological resources enjoy special and complex rules under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) when new development projects are proposed. This one-day program provides a comprehensive overview of the treatment of cultural (historical and archeological) resources under these two environmental impact assessment laws, including important distinctions in requirements between the two laws. Topics include cultural resources subject to CEQA and NEPA; the role of CEQA and NEPA in requiring the evaluation and protection of cultural resources; responsibilities of lead agencies, California's State Historic Preservation Office (SHPO), and other agencies in evaluating cultural resources; what makes impacts "significant"; evaluating and mitigating impacts--what is adequate and what is not; other historic preservation laws, including Section 106 of the National Historic Preservation Act; and key court decisions related to cultural resources.

1. University of California, Los Angeles
Public Policy Program
CEQA and Other Legislative Mandates:
How to Successfully Integrate
Environmental Laws
March 7, 2008
Ron Bass, J.D., AICP
Senior Regulatory Specialist
Jones & Stokes
Susan Hori, J.D.
Partner
Manatt, Phelps & Phillips LLP

2. Unit 1. Introduction

4. Introduction—Course Overview
 Relationship of CEQA to other legislative mandates
 Overview of integration of laws and coordination among
agencies
 Ten-Step Integration Process
 National Environmental Policy Act: law and regulations
 Wetlands, streams, and other waters: laws and
regulations
 Endangered species: laws and regulations
 Historic Resources: laws and regulations
 Water quality: laws and regulations
 Other legislative mandates

5. Course Objectives
 Implement CEQA’s mandate to integrate with other laws
 Review the key laws and regulations that must be
integrated
 Present a step-by-step approach to successful
integration of CEQA with other laws
 Apply the integration approach to projects

6. Unit 2. Overview of Integration Between
CEQA and Other Laws

8. Overview of Environmental Laws:
State
 California Environmental Quality Act (CEQA)
 CA Fish and Game Code Section 1600-1616
 Porter-Cologne Act
 California Endangered Species Act
 California Coastal Act
 California Air Quality Laws including AB 32
(GHG/Climate Change)

9. Overview of Environmental Laws:
Federal
 National Environmental Policy Act (NEPA)
 Federal Clean Water Act (CWA)
 Federal Endangered Species Act (ESA)
 Section 106 National Historic Preservation Act (NHPA)
 Coastal Zone Management (CZMA)
 Clean Air Act (CAA)

10. CEQA Project Description
“Integration” Provisions
An EIR Project Description must include a statement
briefly describing the intended uses of the EIR. This
statement shall include, to the extent that the information
is known to the Lead Agency:
 A) A list of the agencies that are expected to use the EIR in
their decision-making
 B) A list of permits and other approvals required to
implement the project.
 C) A list of related environmental review and consultation
requirements required by federal, state, or local laws,
regulations, or policies. To the fullest extent possible, the
lead agency should integrate CEQA review with these
related environmental review and consultation requirements.
CEQA Guidelines Sec. 15124 (d)

11. CEQA Review Process and
The Concept of Integration
Lead Agency Other Agencies
Notice of preparation/scoping
Draft CEQA document
Consult,
Public Notice and Review Coordinate
And
Response to comments
Incorporate
Final CEQA Document
Project Decision
CEQA Guidelines sec. 15082, et seq.

12. CEQA Document as the “Umbrella”
CEQA
NEPA
Federal Laws State Laws
•CWA •Porter-Cologne
•ESA •Cal ESA
•NHPA •Cal. Air Quality
•CAA •Cal Historic
•CZMA •Cal. Coastal Act
•Other federal •Other federal

13. Identifying the CEQA Process
Participants
Agencies
with
Jurisdiction
by Law
Responsible Concerned
Agencies Citizens and
Organizations
Lead
Courts
Agency
Trustee Federal
Agencies agencies
Project
Applicants

14. Brief History of Environmental
Laws and Regulations
 Before 1970: Environmental review and permitting
fragmented, uncoordinated – often none at all
 1970–1980: Modern environmental laws enacted (NEPA,
ESA, CWA, CAA)
 1978: Council on Environmental Quality NEPA Regulations
require integrated environmental reviews
 1980–1990: Detailed regulations for implementing ESA,
CWA, CAA, NHPA adopted
 1990–present: Integrated environmental compliance and
sophistication of approaches expand
 1998: CEQA Guidelines amended to require integrated
environmental reviews

15. Thank you for viewing our presentation of
Cultural Resource Protection Under CEQA, NEPA,
and Other Legislative Mandates
If you are interested in this seminar, the next offering will be held on Friday, October 1, 2010
REG# V5986 | $350 ($375 thereafter 9/1) | 810 Urban Planning | 0.6 CEU
6 hrs of CM credit for AICP certified planners | 6 hrs of MCLE credit
Location: UCLA Extension Downtown Los Angeles Figueroa Courtyard 102 | 261 S. Figueroa St.
Enroll: Call (310) 825 - 9971 or go to www.uclaextension.edu
Phone: (310) 825-7885 | Website: www.uclaextension.edu/publicpolicy
Blog: www.uclaextensionppp.wordpress.com | Twitter: www.twitter.com/unexpubpol
Address: UCLA Extension Public Policy Program, 10995 Le Conte Avenue, Suite 413, Los Angeles, CA 90024