California Public Resources Code

§ 21083.2

PRC § 21083.2 Effective Jan 1, 1994Div. 13 · Ch. 2.6

Statute text

(a)As part of the determination made pursuant to Section 21080.1, the lead agency shall determine whether the project may have a significant effect on archaeological resources. If the lead agency determines that the project may have a significant effect on unique archaeological resources, the environmental impact report shall address the issue of those resources. An environmental impact report, if otherwise necessary, shall not address the issue of nonunique archaeological resources. A negative declaration shall be issued with respect to a project if, but for the issue of nonunique archaeological resources, the negative declaration would be otherwise issued.

(b)If it can be demonstrated that a project will cause damage to a unique archaeological resource, the lead agency may require reasonable efforts to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. Examples of that treatment, in no order of preference, may include, but are not limited to, any of the following:

(1)Planning construction to avoid archaeological sites.

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Legislative history

Amended by Stats. 1993, Ch. 375, Sec. 1. Effective January 1, 1994.