Cabazon - CA
Law Seminars International Presents:

A New Intensive One-Day Seminar on

Tribes and CEQA

New rules for Tribal consultation under AB 52

June 20, 2016

Cabazon, CA
(or anyplace you may be via webcast!)

Intro

Who Should Order

Attorneys, land use planners and environmental professionals, Tribal, city and county governmental officials, and anyone else involved in managing growth and development in California

Why You Should Order

AB 52 is a sweeping new law and is one of the most significant additions to the California Environmental Quality Act (CEQA) in years. It requires Tribes, California agencies, developers, and all those who work with them, to acquire a new set of skills.

AB 52 mandates that all California agencies must consider a project's potential to impact Tribal Cultural Resources in all environmental documents. It also requires all California agencies to enter into consultation with requesting California Native American Tribes prior to the release of environmental review documents. Consultation may concern a broad variety of topics, including the level of environmental review necessary, the significance of a Tribal cultural resource and of a project's impact on that resource, and project alternatives and/or mitigation, including those recommended by the Tribe.

Unlike existing federal law concerning Tribes and cultural resources, which generally apply only to federally-recognized Tribes, and unlike SB 18, the California planning statute which requires some limited consultation with California Native American Tribes when general and specific plans are amended, AB 52 applies to all Tribes on the California Native American Heritage Commission's "contact list," and applies to all projects for which an environmental review document is prepared.

We hope that you will join us for high-level practical advice on how to comply with the new law in a way that is efficient and productive for all stakeholders in the process.

~ Sarah E. Owsowitz, Esq. of Best Best & Krieger LLP and

Andrew L. Pulcheon of LSA Associates, Inc.

Program Co-Chairs

What You Will Learn

  • ~ Pre-AB 52 Tribal Consultation Laws
  • ~ Changes Brought About by AB 52
  • ~ Best Practices for Structuring Government-to-Government Consultation
  • ~ Designing Consultation Structures to Maintain Confidentiality
  • ~ Resources covered by NEPA and Section 106
  • ~ Resources previously covered by CEQA
  • ~ Finding win-win situations in consultations
  • ~ Tribal concerns beyond subsurface archeological issues
  • ~ Best practices for developer, agency, and Tribal parties to consultations

What Attendees Said

  • "This was a very informative seminar with a great faculty."
  • Topics chosen were great, good flow of topics, good interconnection of topics.
  • ~Tremendous learning experience for a land use planner. Thank you!

Agenda

Monday, June 20, 2016

8:00 am

Registration Opens

8:30 am

Introduction & Overview - (Session # 1)

Sarah E. Owsowitz, Esq. , Program Co-Chair
Best Best & Krieger LLP / Walnut Creek, CA

Andrew L. Pulcheon , Program Co-Chair
LSA Associates, Inc. / Point Richmond, CA

8:45 am

Update on Pre-AB 52 Tribal Consultation Laws: How They Developed, What they Covered, and Current Issues Arising from How They Evolved

Federal: Resources covered by the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act of 1966 (NHPA), which may cover activities excluded from NEPA review; federal agency authority and individual roles

Andrea M. Hogan, Esq.
Latham & Watkins LLP / San Francisco, CA

State: Resources previously covered by the California Environmental Quality Act (CEQA) and 2004 SB 18 regarding impacts on Traditional Tribal Cultural Places and the role of archeological value for triggering the consultation requirement

Amanda J. Monchamp, Esq.
Holland & Knight LLP / San Francisco, CA

10:15 am

Break

10:30 am

Changes Brought About by AB 52 - (Session # 2)

Overview of development of the Bill and its provisions including the definition of a cultural resource, who determines significance, and the standards for making that determination

Sarah E. Owsowitz, Esq. , Program Co-Chair
Best Best & Krieger LLP / Walnut Creek, CA

Technical perspective on determining whether a specific resource is a covered cultural resource

Andrew L. Pulcheon , Program Co-Chair
LSA Associates, Inc. / Point Richmond, CA

12:00 pm

Lunch (on your own)

1:15 pm

Structuring Government-to-Government Consultation, Including Tips for Designing Consultation Structures to Maintain the Confidentiality of Communications - (Session # 3)

Tribal governance processes for agencies and developers: How Tribal decision making bodies and processes work

Theodore J. Griswold, Esq.
Procopio, Cory, Hargreaves & Savitch LLP / San Diego, CA

California Meetings Law for Tribes: What triggers open public meeting requirements?

Katherine Wisinski, Esq.
Best Best & Krieger LLP / Walnut Creek, CA

2:45 pm

Break

3:00 pm

Wrap up Discussion on Laying the Foundation for Productive Consultation: What Developers, Lead Agencies, and Tribes Need to Know About Each Others' Processes, Needs, and Objectives - (Session # 4)

Tips for determining how to consult and develop the common understandings necessary for finding win-win situations in consultations

Sarah E. Owsowitz, Esq. , Program Co-Chair, Moderator
Best Best & Krieger LLP / Walnut Creek, CA

Andrew L. Pulcheon , Program Co-Chair, Moderator
LSA Associates, Inc. / Point Richmond, CA

Tribal perspective: The broad spectrum of Tribal concerns beyond subsurface archeological deposits to native plant gathering areas or noise pollution at religious practice sites

Patricia A. Garcia-Plotkin , Director of Tribal Historic Preservation
Agua Caliente Band of Cahuilla Indians / Palm Springs, CA

Developer perspective: The advantages of, or sometimes need to, include them in the consultation; timing considerations for issues that will result in a need for redesigns and the impact on the timing for developer involvement

Susan K. Hori, Esq.
Manatt Phelps & Phillips LLP / Costa Mesa, CA

Agency perspective: The need for trusting long-term relationships (developers may come and go, but the agency and Tribe will always be there); impact on the need for consistency

David Martin Snow, Esq.
Richards Watson & Gershon / Los Angeles, CA

5:00 pm

Evaluations and Adjourn to a Reception for Faculty and Attendees

Sponsored by Best Best & Krieger LLP and LSA Associates, Inc.

Faculty Bios

Sarah E. Owsowitz , Program Co-Chair, Best Best & Krieger LLP, focuses her practice on CEQA with particular concentration on urban decay, climate change, water supply, and cultural resource issues. She is recognized as a Super Lawyer.

Andrew L. Pulcheon , Program Co-Chair, LSA Associates, Inc., Cultural Resource Manager and head of LSA's northern California Cultural Resources Group. He specializes in cultural resources identification, effects assessment, and treatment to address local, state and federal statutes and regulations.

Patricia A. Garcia-Plotkin , Director of Tribal Historic Preservation, Agua Caliente Band of Cahuilla Indians

Theodore J. Griswold , partner, Procopio, Cory, Hargreaves & Savitch LLP, counsels clients on Native American governance, intergovernmental agreements, natural and cultural resources, wetlands, habitat, environmental and land use matters. He is recognized as a Super Lawyer.

Andrea M. Hogan , Latham & Watkins LLP, focuses her practice on environmental litigation and regulatory matters as well as serving as local Chair of the firm's Environment, Land & Resources Department. Her litigation experience includes matters under CERCLA, the Clean Air Act and the Endangered Species Act. She also counsels clients on tribal and cultural resource issues, including under the National Historic Preservation Act.

Susan K. Hori , Manatt Phelps & Phillips LLP, practice concentrations include land use planning issues, including development entitlements and regulatory permits for real estate development projects and the resolution of environmental issues affecting real property. She is particularly experienced in successfully navigating the complex process of multi-agency permits and approvals, and is also recognized by both Chambers and Best Lawyers.

Amanda J. Monchamp , partner, Holland & Knight LLP, practices land use, natural resources, and environmental law with an emphasis on project development, regulatory compliance and litigation regarding CEQA. She is currently defending several major projects from challenges under CEQA and NEPA in state and federal court. Ms. Monchamp is recognized as a Super Lawyer.

David M. Snow, Ri chards Watson & Gershon PC, shareholder in the firm's Public Law Department, focuses his work on environmental law and specializes in advising public agencies and litigation involving CEQA and land use regulation. He is recognized as a Super Lawyer.

Katherine L. Wisin ski, Best Best & Krieger LLP, advises clients in areas including planning and zoning as well as Public Records Act Compliance, the Brown Act and police matters. She also serves as the Assistant cCty Attorney for the City of Pleasant Hill and the Assistant Town Attorney for the Town of Fairfax as well as having experience with documents prepared for compliance with CEQA.

Credits

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 6.75 CA MCLE credits. We have also applied for 6.5 AICP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Webcast Options

Video Replays allow you to time-shift your content. The Vodcast has navigation tools and search capabilities that allow you to quickly find the portions most important to you. It allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.

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