BILL NUMBER: AB 742 AMENDED BILL TEXT

AMENDED IN SENATE AUGUST 16, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011

INTRODUCED BY Assembly Member Nestande Bonnie Lowenthal
( Principal coauthor: Assembly Member Roger Hernández )
( Principal coauthor: Senator Wyland )
( Coauthors: Assembly Members Allen, Atkins, Beall, Block, Bonilla, Bradford, Brownley, Butler, Carter, Davis, Eng, Beth Gaines, Gatto, Hagman,
Hill, Hueso, Lara, Ma, Mitchell, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio, Torres, Wieckowski, Williams, and Yamada )
( Coauthors: Senators Harman, Lieu, Padilla, Price, Runner, Strickland, Vargas, and Wolk )

FEBRUARY 17, 2011

An act to amend Section 2773.3 of the Public Resources Code, relating to mining, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 742, as amended, Nestande Bonnie Lowenthal . Tribal gaming: local agencies.
Surface mining: Indian reservations and Native American sacred sites.
(1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless a permit is obtained from, a reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law prohibits a lead agency from approving a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation if the operation is located on, or within one mile of, a Native American sacred site and is located in an area of special concern, unless certain criteria are met.

This bill would also prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation.
This bill would declare that it is to take effect immediately as an urgency statute.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 2773.3 of the Public Resources Code is amended to read:
2773.3. (a) In addition to other reclamation plan requirements of this chapter and regulations adopted by the board pursuant to this chapter, a lead agency may not approve a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation, if the operation is located on, or within one mile of, any Native American sacred site and is located in an area of special concern, unless both of the following criteria are met:
(1) The reclamation plan requires that all excavations be backfilled and graded to do both of the following:
(A) Achieve the approximate original contours of the mined lands prior to mining.
(B) Grade all mined materials that are in excess of the materials that can be placed back into excavated areas, including, but not limited to, all overburden, spoil piles, and heap leach piles, over the project site to achieve the approximate original contours of the mined lands prior to mining.
(2) The financial assurances are sufficient in amount to provide for the backfilling and grading required by paragraph (1).
(b) In addition to other reclamation plan requirements of this chapter and regulations adopted by the board pursuant to this chapter, a lead agency may not approve a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a site that is a Native American sacred site and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to that river, unless the tribe whose reservation is nearest the operation consents to the operation.
(c) For purposes of this section, the following terms have the following meaning meanings :
(1) “Native American sacred site” means a specific area that is identified by a federally recognized Indian Tribe, Rancheria or Mission Band of Indians, or by the Native American Heritage Commission, as sacred by virtue of its established historical or cultural significance to, or ceremonial use by, a Native American group, including, but not limited to, any an area containing a prayer circle, shrine, petroglyph, or spirit break, or a path or area linking the circle, shrine, petroglyph, or spirit break with another circle, shrine, petroglyph, or spirit break.
(2) “Area of special concern” means an area in the California desert that is designated as Class C or Class L lands or as an Area of Critical Environmental Concern under the California Desert Conservation Area Plan of 1980, as amended, by the United States Department of the Interior, Bureau of Land Management, pursuant to Section 1781 of Title 43 of the United States Code.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

To protect from imminent destruction Native American reservations and sacred sites threatened by proposed aggregate products mining operations, it is necessary for this measure to take effective immediately. All matter omitted in this version of the bill appears in the bill as amended in the Assembly, March 31, 2011.
(JR11)

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