CEQA Process for Acquisitions

CEQA Review Process

Acquisitions are considered "projects", as defined in Title 14, CCR Chapter 3, Article 20, Section 15378 (CEQA Guidelines). As such, they must go through the CEQA review process prior to the determination of the required level of CEQA compliance and preparation of the Notice of Exemption or other environmental document.

This process begins (for most acquisitions) with the preparation and submission of a Project Evaluation Form (PEF) by the project manager. This should occur as early in the acquisition process as possible to allow time for the required natural and cultural evaluations, generally as soon as the boundaries are defined and we can obtain access to the property.

The PEF should include a description of the property, the planned use for the property, and any restrictions or conditions imposed by the seller or other agencies (e.g., hazardous waste remediation). It should also include a 7.5 minute quad map (or maps) of the site and a more detailed map indicating boundaries, existing structures, and significant resources. Any background information that would assist in the natural and/or cultural review should also be provided.

Once the PEF is logged and reviewed for completeness, it will be circulated to the Service Center natural and cultural resource staff for evaluation. Once their evaluations are completed, the PEF will be routed to the District for their review and comments. The process would generally take about six to eight weeks, but larger parcels or areas that are particularly rich in cultural or natural resources could take longer. Shortened review times can be accomplished under emergency situations, but every situation is not an emergency and adequate time should be allotted for project review.

Once all reviews are complete, the Service Center Environmental Coordinator assigned to the project will review the PEF package, determine the level of CEQA compliance necessary for the project, and prepare the necessary environmental document. This is the point at which the project manager would be notified if the proposed acquisition does not qualify for a categorical exemption, but would, instead, require a Negative Declaration or EIR. However, close communication with team members should identify significant problems earlier in the review process.

Most acquisitions will qualify for a Categorical Exemption under CEQA, under the following sections of the State CEQA Guidelines:

1)Section 15313 - Acquisition of Lands for Wildlife Conservation Purposes.

This includes the acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat; establishing ecological reserves under Fish and Game Code Section 1580; and preserving access to public lands and waters, where the purpose of the acquisition is to preserve the land in its natural condition.

The specific activities identified as DPR projects commonly carried out under this section, in accordance with CCR §15300.4, are defined as "acquisition of lands as an addition to the State Park System for wildlife conservation purposes (lands in a natural condition and which may be actively managed to promote wildlife)".

2)Section 15316 - Transfer of Ownership of Land in Order to Create Parks

This includes the acquisition, sale, or other transfer of land in order to establish a park, where the land is in a natural condition or contains historical or archaeological resources and either:

a)The management plan for the park has not been prepared, or

b)The management plan for the property proposes to keep the area in a natural condition or preserve the historic or archaeological resources. CEQA will also apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource.

NOTE: Transferring surplus property from park ownership will, in most cases, be considered a significant adverse impact and will require preparation of an Environmental Impact Report (EIR).

Court rulings on this section have determined that property cannot be considered in a "natural condition" if there is or has been hazardous waste on the property.

The specific activities identified as DPR projects commonly carried out under this section, in accordance with CCR §15300.4, are defined as:

a)Acquisitions of inholdings.

b)Acquisitions of contiguous properties.

c)Acquisitions for a new unit with no change or reduction in use.

d)Acceptance of gifts of lands to the State Park System.

3)Section 15325 - Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources

This includes transfers of ownership in interests in land in order to preserve open space, habitat, or historical resources, including acquisition, sale, or other transfer of areas to:

a)Preserve existing natural conditions, including plant or animal habitats.

b)Allow continued agricultural use of those areas

c)Allow restoration of natural conditions, including plant or animal habitats.

d)Prevent encroachment of development into flood plains.

e)Preserve historical resources.

The specific activities identified as DPR projects commonly carried out under this section, in accordance with CCR §15300.4, are defined as:

a)Lease of agricultural lands to maintain historic scenes.

b)Acquisition, sale, or other transfer to preserve historical resources.

4)Section 15317 - Open Space Contracts or Easements (only occasionally applies)

The only portion of this section that normally applies to DPR projects is the acceptance of easement or fee interest in order to maintain the open space character of an area. The cancellation of such interests or easements in not included in this exemption and would normally require preparation of a Negative Declaration or EIR.

However, simply because a proposed acquisition appears to fit the description of the type of transaction covered by a specific categorical exemption does not guarantee it will be categorically exempt. This can only be determined after the project is evaluated by both cultural and natural resource specialists in the context of the actual acquisition plan and intended use.

A categorical exemption also cannot be used under the following circumstances (§15300.2):

  • In general, where the project (or acquisition) has a reasonable possibility of resulting in a significant effect (project-specific or cumulative).
  • Where there is a reasonable possibility that the activity (including future activities) may result in (or reasonably result in) a significant impact that could threaten the environment.
  • If the site is included on any list compiled pursuant to Section 65962.5 of the Government Code (hazardous and toxic waste).
  • Where the activity may cause a substantial adverse change in the significance of a historical resource.

Just like other projects, it is important that project managers budget for the time and costs of CEQA review. The following staff time estimates are offered as a guideline. Naturally, these may need to be adjusted for larger or more involved projects. Once the resource specialists have been assigned to a project, the Environmental Coordinator can add them to the team member list and insert the actual estimated number of hours.

Natural Resource Specialists

  • Resource Ecologist - 24 hours
  • Geologist - 24 hours

Cultural Resource Specialists

  • Historian - 24 hours
  • Archaeologist - 24 hours

CEQA Review

  • Administrative Processing - 5 hours
  • Environmental Coordinator - 10 hours (24 hours, if a site visit is required)

These estimated times are for projects that qualify for a categorical exemption. If it is necessary to prepare NEPA documents and/or a Negative Declaration or EIR, additional hours will need to be provided.

The average hours for in-house document preparation are:

  • Negative Declaration/Mitigated Negative Declaration - 180-250 hours
  • EIR - 250-400 hours

There are also additional costs that should be budgeted regarding the reviews. These include any surveys that may be required by either the natural or cultural specialists to adequately evaluate the property. As with any project, team meetings with the resource specialists and environmental coordinator at the beginning of the acquisition process would facilitate early identification of areas of concern, necessary surveys, and improved budgetary cost estimates. It would also help to establish a realistic timeline for completion of CEQA/PRC5024.

The following is information on the cultural review process, costs, and staff time for an acquisition, as provided by the Cultural Resource Section.

"For PEF/5024 reviews in any of our current state parks, we usually consult our unit data files before performing the on-site field review or survey. We check to see if any cultural resources have been recorded for the project area and check the results from previous archaeological surveys in the area.

We obviously do not have that kind of information in-house for new acquisitions and so we will necessarily have to rely on the regional Information Centers for our pre-field research.

The CHRIS website describes the Information Centers' function:

California Historical Resources Information System (CHRIS)

The California Historical Resources Information System (CHRIS) is a statewide system for managing information on the full range of historical resources identified in California. CHRIS is a cooperative partnership between the citizens of California, historic preservation professionals, eleven Information Centers, the CHRIS Hub, and various agencies.

This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC):

1)Integrate newly recorded sites and information on known resources into the California Historical Resources Inventory.

2) Furnish information on known resources and surveys to government, institutions, and individuals who have a justifiable need to know; and

3) Supply a list of consultants who are qualified to do work within their area.

Information Centers provide archeological and historical resources information to local governments and individuals with responsibilities under the National Environmental Policy Act (NEPA), NHPA and California Environmental Quality Act (CEQA). A fee is charged for information or assistance provided.

The key to planning ahead for 5024 reviews of new acquisitions is the understanding that 'a fee is charged for information or assistance provided.' The hourly fee varies among Centers, but the average is probably around $120/hour for 'Records Search' services, plus a 15 cents per page copy charge. A Records Search is the Cultural Resource Management industry standard for pre-field research and is routinely conducted prior to the archaeological survey of the project area. (DPR rarely has to request Record Searches for projects within our established parks, since we maintain our own in-house records of most of the archaeological sites and surveys on DPR property.)

When a cultural resource specialist requests a Records Search for a project area, the Information Center produces copies of the topographic quad map(s) with all the previously recorded archaeological sites plotted on them, attaches copies of the registered Site Record Forms for each site, and prints a bibliographic database listing of all the previous archaeological surveys performed in the project area. Depending upon the size of the project area and the density of the recorded cultural resources within it, this fee can range from $500 to $5,000. The Info Centers can also provide cost estimates for Record Searches if we give them the topographic map(s) with the acquisition boundaries delineated. We will also need to plan on giving the Information Centers at least two weeks lead time to prepare the Records Search, longer if the project area is large and/or has dense resources, or if we happen to make the request during a peak workload period for them.

A Records Search would provide the minimum level of pre-field research required for a cultural resources specialist to comply with PRC 5024 in the assessment of project effects on cultural resources and to complete the 5024/5024.5 Historic Facility and Archaeological Site Project Evaluation form. If the Records Search identifies previously recorded cultural resources within the project area and/or previous surveys of the area are lacking or outdated, an archaeological survey of the property may be needed also. Depending upon the size of the property, this may be a task that could be handled more efficiently through a contract. In that case, the contractor usually includes their pre-field research/Records Search in the survey cost."

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CEQA Process - Acquisitions

7/19/02