Section 106 Regulatory Update: What do the Proposed Revisions to 36 CFR Part 800 Mean for Your Projects?

Palen Solar Project

Providing Cultural and Paleontological Resource Support for EDF Renewables

The Challenge

The Palen Solar Project (PSP) sits on Bureau of Land Management land in a desert landscape layered with cultural and historical significance, from Native American tribal lands and potential burial sites protected under NAGPRA to paleontological resources and the historic Desert Training Center. Early cultural resources mitigation measures for the site were drafted broadly, and as written, they would have required an exhaustive, costly mitigation program disproportionate to the project’s actual footprint and impacts.

EDF Renewables needed a path that satisfied federal compliance requirements, tribal consultation obligations, and paleontological protections, without saddling the project with mitigation costs that outstripped its real impact on the landscape.

The Solution

Chronicle Heritage stepped in to rebalance the mitigation approach and build the compliance infrastructure the project needed to move forward responsibly:

Revised mitigation measures. Working directly with the project team, Chronicle rewrote the cultural resources mitigation language for the Desert Training Center, replacing the original, overly broad requirements with a scaled program calibrated to the project’s actual impacts, preserving cultural resource protections while eliminating unnecessary costs and burden.

Tribal Participation Plan. Chronicle collaborated with relevant Native American tribes to build a plan for meaningful engagement throughout the project lifecycle, incorporating traditional knowledge and addressing cultural sensitivities.

Monitoring and Discovery Plan. Chronicle drafted a plan to systematically monitor the construction activities at the site. By implementing this plan, the project team could respond promptly to any discoveries, ensuring their proper management and appropriate mitigation measures.

Cultural Resources Research Design and Plan. Chronicle developed a plan specifically tailored to the site that outlined the methodologies and approaches for conducting comprehensive cultural resources assessments within the project area. It provided guidelines for field surveys, artifact analysis, and other research activities.

Paleontological Resources Monitoring and Mitigation Plan. In collaboration with paleontological experts, Chronicle prepared a plan aimed at protecting and preserving any significant paleontological resources present at the site, including strategies for on-site monitoring, data collection, and mitigation measures to ensure the appropriate handling of any fossil discoveries encountered during construction.

NAGPRA Plan of Action. Chronicle developed a plan that outlined the procedures for identifying, documenting, and appropriately handling any human remains or funerary objects that might be encountered during the project.

Field monitoring. Chronicle deployed trained field staff during preconstruction geotechnical studies and site fencing to identify and address potential impacts in real time, preventing delays and maintaining regulatory compliance.

The Results

  • Significantly reduced mitigation costs. Chronicle’s revision replaced a costly, overbuilt program with a far less expensive approach, delivering major savings for EDF Renewables while still meeting all regulatory and preservation obligations.
  • Full compliance, no compromise. The overall workflow met every project requirement for mitigating impacts to cultural and paleontological resources, from tribal consultation to NAGPRA compliance.
  • No project delays. Proactive monitoring during preconstruction activities meant potential discoveries were managed promptly, keeping the project on track.

Chronicle’s work on the Palen Solar Project shows how the right cultural resources strategy can protect a region’s heritage and a project’s budget at the same time, cutting unnecessary mitigation costs without cutting corners on compliance or preservation.

Additional Information

Client

EDF Renewables

Location

Riverside County, California (BLM-managed land)

Sector

  • Energy Generation and Transmission

Services

  • Cultural Landscape
  • Tribal Consultation

Results at a Glance:

  • Significantly reduced mitigation costs. 
  • Full compliance, no compromise. 
  • No project delays. 

“The Palen experience demonstrates Chronicle’s ability to move effectively from regulatory requirements to implementation integrating construction monitoring, mitigation-measure compliance, cumulative-effects mitigation, BLM coordination, CEQA and Section 106 process knowledge, GIS, historical research, and advanced documentation methods into a coherent cultural-resource program.”

– Mike Mirro, Technical Innovation Lead

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