California Air Resources Board

Would have removed references to non-federally recognized tribes and tribal organizations in the Government-to-Government Consultation Act, as well as introduced a new definition for “California tribe" that includes all Native American tribes on the contact list maintained by the California Native American Heritage Commission. The bill would have also required State agencies to consult with a tribe upon request and within 60 days, instead of just encouraging consultation. The consult would have been required to include communication that meets the needs of diverse cultures and education levels, and state agencies would have had to make multiple attempts to engage with tribes in different formats. Amended to deal with the Tribal Housing Grant Program Trust Fund.

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Would have expanded the definition of tribal cultural resources under the California Environmental Quality Act and required lead agencies to adopt mitigation measures when a project may cause a substantial harm to a tribal cultural resource. Lead agencies would have been required to explain their decision with substantial evidence when not using mitigation measures identified by the consulting tribe for tribal cultural resources. Held on suspense in the Assembly Appropriations Committee.

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