Law360, New York (September 9, 2015, 12:09 PM EDT) -- California's new protections for tribal cultural resources set forth in Assembly Bill 52 (AB 52)[1] have the potential to delay the completion of the California Environmental Quality Act review of a project and provide additional grounds to legally challenge such review. As of July 1, 2015, all lead agencies approving projects are required, if formally requested by a culturally affiliated California Native American Tribe, to consult with such tribe regarding the impacts of a project on tribal cultural resources prior to the release of any negative declaration, mitigated negative declaration or draft environmental impact report. Such tribal consultation is to continue until mitigation measures are agreed to or either the tribe or the lead agency concludes in good faith that an agreement cannot be reached. The environmental review document, moreover, must include analysis and discussion of the impacts to tribal cultural resources and any agreed-to mitigation measures. In order to avoid the potential delay and legal challenges inherent in such new protections, project applicants should take the following steps at the outset of a project....