BILL NUMBER: SB 1189	CHAPTERED  08/23/04

	CHAPTER  274
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2004
	APPROVED BY GOVERNOR  AUGUST 23, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	PASSED THE ASSEMBLY  AUGUST 4, 2004
	AMENDED IN ASSEMBLY  JULY 2, 2004
	AMENDED IN ASSEMBLY  JUNE 1, 2004
	AMENDED IN SENATE  APRIL 28, 2004
	AMENDED IN SENATE  APRIL 13, 2004

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 9, 2004

   An act to amend Section 94 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1189, Chesbro.  Department of Transportation:  contracts.
   Existing law provides that the Department of Transportation has
full possession and control of all state highways and all property
and rights in property acquired for state highway purposes.  Existing
law authorizes the department to enter into contracts required for
the performance of its duties.
   This bill would include certain contracts with federally
recognized Indian tribes within the department's authority, and would
require off-reservation traffic mitigation contracts with those
tribes to meet certain conditions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 94 of the Streets and Highways Code is amended
to read:
   94.  (a) The department may make and enter into any contracts in
the manner provided by law that are required for performance of its
duties, provided that contracts with federally recognized Indian
tribes shall be limited to activities related to on-reservation or
off-reservation cultural resource management and environmental
studies and off-reservation traffic impact mitigation projects on or
connecting to the state highway system.
   (b) To implement off-reservation traffic impact mitigation
contracts with federally recognized Indian tribes, all of the
following shall apply:
   (1) Any contract shall provide for the full reimbursement of
expenses and costs incurred by the department in the exercise of its
contractual responsibilities.  Funds for the project shall be placed
in an escrow account prior to project development.  The contract
shall also provide for a limited waiver of sovereign immunity by that
Indian tribe for the state for the purpose of enforcing obligations
arising from the contracted activity.
   (2) The proposed transportation project shall comply with all
applicable state and federal environmental impact and review
requirements, including, but not limited to, the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
   (3) The department's work on the transportation project under the
contract shall not jeopardize or adversely affect the completion of
other transportation projects included in the adopted State
Transportation Improvement Program.
   (4) The transportation project is included in or consistent with
the affected regional transportation plan.