4.4 CULTURAL RESOURCES 4.4-1 This chapter addresses historic buildings, features, and landscapes, and archaeological and paleontological resources in the study area for the 2020 LRDP and the Tien Center, and evaluates the potential effects of the components of the 2020 LRDP on these resources. During the scoping period for this EIR, questions were received about the methodology for determining historic significance and cumulative impacts on cultural resources. Vari-ous methodologies were suggested and considered during the preparation of this chapter. 4.4.1 ANALYTICAL METHODS HISTORICAL RESOURCES To establish baseline conditions, the listings of historical resources in this chapter were drawn from the National Register of Historic Places, the State Historic Resources In-ventory (State Inventory) compiled by the Northwest Information Center at Sonoma State University, the Physical and Environmental Planning unit in Facilities Services at UC Berkeley, and registers of the cities of Berkeley and Oakland. Federal, state and local land use plans and ordinances relevant to historic resources were reviewed and are summarized in Sections 4.4.2 and 4.4.3. 2020 LRDP program and specific Tien Center im-pacts were then evaluated, including the adequacy of existing programs and proposed 2020 LRDP policies intended to protect and enhance cultural resources. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES Data on archaeological and paleontological resources used in the preparation of this chapter were obtained from several sources, particularly the 1990 LRDP EIR, the Northwest Information Center and staff of the UC Museum of Paleontology. Previous EIRs prepared for UC Berkeley projects, the City of Berkeley General Plan EIR, and the Oakland Land Use and Transportation Element EIR were also reviewed. Federal, state and local land use plans and ordinances applicable to archaeological and paleontological resources were reviewed and are summarized in Sections 4.4.2 and 4.4.3. 4.4.2 REGULATORY FRAMEWORK FEDERAL NATIONAL HISTORIC PRESERVATION ACT OF 1966 The National Historic Preservation Act of 1966 (NHPA) is the most influential federal law dealing with historic preservation. Numerous other federal statutes are also relevant to historic properties. NATIONAL REGISTER. The NHPA authorized the Secretary of the Interior to maintain and expand a National Register of Historic Places. Districts, sites, buildings, structures, and objects are eligible for listing in the Register. Nominations are listed if they are sig-nificant in American history, architecture, archaeology, engineering, and culture at the national, state or local level. The National Register is administered by the National Park Service. Listing in the National Register provides recognition of a significant property, consid-eration in the planning for federal or federally assisted projects, eligibility for federal tax benefits, and qualification for federal assistance. The National Register is influential be-yond its statutory role because it established uniform standards of documentation andUNIVERSITY OF CALIFORNIA, BERKELEY 2020 LRDP DRAFT EIR 4.4 CULTURAL RESOURCES 4.4-2 evaluation. Projects involving properties listed in the National Register must be evalu-ated under CEQA. SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION AND GUIDELINES FOR RE-HABILITATING HISTORIC BUILDINGS. To guide preservation efforts of federal agencies, the Secretary of the Interior has developed “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings”. The Secretary of the Interior's Standards are codified in 36 CFR, part 67. “Rehabilitation” is defined as “the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contem-porary use while preserving those portions and features of the property which are sig-nificant to its historic, architectural, and cultural values.” The Secretary of the Interior's Standards have been widely used over the years to guide federal agencies in carrying out their historic preservation responsibilities, and by state and local officials in reviewing both federal and non-federal rehabilitation proposals. The State Historic Preservation Officer is responsible for reviewing and interpreting the Secretary of the Interior's Stan-dards for projects in California. STATE CALIFORNIA ENVIRONMENTAL QUALITY ACT The California Environmental Quality Act (CEQA) requires that project impacts to his-torical resources be analyzed. This EIR is being prepared to provide such analysis for the 2020 LRDP. CEQA consists of Sections 21000 through 21177 of the Public Re-sources Code Division 13. The Guidelines for CEQA consist of Sections 15000 through 15387 of the California Code of Regulations, Title 14, Division 6, Chapter 3. HISTORICAL RESOURCES. CEQA provisions codified in Public Resources Code Section 21084.1 define a “historical resource” as a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources (CRHR). Resources in-cluded in a local register, or deemed significant pursuant to criteria established in Public Resources Code Section 5024.1(g), are also presumed historically or culturally signifi-cant, unless a preponderance of evidence supports a contrary finding. A lead agency may also make its own determination of significance for unlisted resources. In accordance with Public Resources Code Section 5024.1(c), an historical resource may be eligible for inclusion in the CRHR if it:  Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage,  Is associated with the lives of persons important in our past,  Embodies the distinctive characteristics of a type, period, region or method of con-struction, or represents the work of an important creative individual, or possesses high artistic values, or  Has yielded, or may be likely to yield, information important in prehistory or history. ARCHAEOLOGICAL RESOURCES. CEQA distinguishes between two classes of archaeologi-cal resources: archaeological sites that meet the definition of a historical resource as de-scribed above, and “unique archaeological resources.” Section 21083.2(g) defines “unique archaeological resources” as “an archaeological artifact, object, or site about which it can be clearly demonstrated