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3. Environmental Checklist San Leandro Treatment Wetland IS/MND 3-65 February 2024 3.19. Tribal Cultural Resources ISSUES: TRIBAL CULTURAL RESOURCES POTENTIALLY SIGNIFICANT IMPACT LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED LESS THAN SIGNIFICANT IMPACT NO IMPACT Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ☐ ☒ ☐ ☐ b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code § 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. ☐ ☒ ☐ ☐ Discussion California Assembly Bill 52 (AB 52), effective from July 1, 2015, broadened the scope of CEQA by introducing the concept of tribal cultural resources. AB 52 acknowledges that a project causing a substantial adverse change to the significance of a tribal cultural resource could significantly affect the environment. The bill obligates lead agencies to adopt measures to avoid impacts that could modify the essential characteristics of these resources, whenever feasible, as outlined in Public Resources Code (PRC) Section 21084.3. Tribal cultural resources, as per PRC Section 21074 (a)(1)(A) and (B), encompass sites, features, places, cultural landscapes, sacred places, and objects valued culturally by a California Native American tribe. These resources could either be listed or eligible for listing in the California Register of Historical Resources or a local register of historical resources (PRC section 5020.1(k)), or determined as significant by the lead agency based on substantial evidence and criteria specified in subdivision (c) of PRC Section 5024.1, with consideration of their importance to a California Native American tribe. AB 52 also mandates a formal consultation process with California tribes concerning these resources, which must be completed prior to the certification of a CEQA document. Lead agencies must initiate consultations with tribes traditionally and culturally affiliated with the Project’s geographic area, including those who have requested notification of Proposed Projects within the lead agency’s jurisdiction. a) Impacts to tribal resources listed in the CA Register of Historical Resources: As detailed in Section 3.6 and Appendix F, Cultural Resources Report by LSA, no cultural resources were found at the Proposed Project site. A response from the NAHC on November 18, 2020, following a Sacred Lands File search, yielded no significant findings. LSA's survey of the Project area on November 13, 2020, also did not uncover any cultural resources. This research, combined with historical reports and aerial