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City of Pleasanton—Hidden Canyon Residences and Preserve Draft EIR Cultural Resources and Tribal Cultural Resources FirstCarbon Solutions 3.4-19 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480016/EIR/3 - Draft EIR/21480016 Sec03-04 Cultural-Tribal Cultural Resources.docx upon by the Tribe), indicating whether or not they want to consult with the local government. Consultations are for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code that may be affected by the proposed adoption or amendment to a general or specific plan. California Assembly Bill 52—Effects on Tribal Cultural Resources Assembly Bill (AB) 52 (2014) provides that any public or private “project with an effect that may cause a substantial adverse change in the significance of a Tribal cultural resource is a project that may have a significant effect on the environment.” TCRs include “[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe that are eligible for inclusion in the CRHR or included in a local register of historical resources.” Under prior law, TCRs were typically addressed under the umbrella of “cultural resources,” as discussed above. AB 52 formally added the category of “tribal cultural resources” to CEQA and extends the consultation and confidentiality requirements to all projects, rather than just projects subject to SB 18 as discussed above. The parties must consult in good faith, and consultation is deemed concluded when either: (1) the parties agree to measures to mitigate or avoid a significant effect on a TCRs (if such a significant effect exists); or (2) when a party concludes that mutual agreement cannot be reached. Mitigation measures agreed upon during consultation must be recommended for inclusion in the environmental document. AB 52 also identifies mitigation measures that may be considered to avoid significant impacts if there is no agreement on appropriate mitigation. Recommended measures include: • Preservation in place • Protecting the cultural character and integrity of the resource • Protecting the traditional use of the resource • Protecting the confidentiality of the resource • Permanent conservation easements with culturally appropriate management criteria California Public Resources Code Section 21074—Effects on Tribal Cultural Resources AB 52 amended the CEQA statute to identify an additional category of resource to be considered under CEQA, called “tribal cultural resources,” and added Public Resource Code Section 21074, which defines “tribal cultural resources” as follows: (a)“Tribal cultural resources” are either of the following: (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe that are either of the following: A) Included or determined to be eligible for inclusion in the CRHR. B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) 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 Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for