Amended in Senate July 2, 2014

Amended in Senate June 16, 2014

Amended in Senate June 2, 2014

Amended in Senate September 5, 2013

Amended in Senate August 26, 2013

Amended in Assembly May 30, 2013

Amended in Assembly April 19, 2013

Amended in Assembly April 8, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 52

Introduced by Assembly Member Gatto

(Principal coauthor: Assembly Member Alejo)

(Coauthors: Assembly Members Chesbro and Lowenthal)

December 21, 2012

An act begin insert to amend Section 5097.94 of, and end insert to add Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 begin delete to end delete begin insert to, end insert the Public Resources Code, relating to Native Americans.

LEGISLATIVE COUNSEL’S DIGEST

AB 52, as amended, Gatto. Native Americans: California Environmental Quality Act.

Existing law, the Native American Historic Resource Protection Act, establishes a misdemeanor for unlawfully and maliciously excavating upon, removing, destroying, injuring, or defacing a Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources.

The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the lead agency to provide a responsible agency with specified notice and opportunities to comment on a proposed project. CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA that include, among other things, criteria for public agencies to following in determining whether or not a proposed project may have a significant effect on the environment.

This bill would specify that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource, as defined, is a project that may have a significant effect on the environment. The bill would require a lead agency to begin delete consult end delete begin insert begin consultation end insert with a Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, if the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area and the tribe requests consultation, prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. The bill would specify examples of mitigation measures that may be considered to avoid or minimize impacts on tribal cultural resources. The bill would make the above provisions applicable to projects that have a notice of preparation or a notice of negative declaration filed or mitigated negative declaration on or after January 1, 2015. The bill would require the Office of Planning and Research to revise the guidelines to separate the consideration of cultural resources from that for paleontological resources and add consideration of tribal cultural resources. By requiring the lead agency to consider these effects relative to Native Americans and to conduct additional consultations, this bill would impose a state-mandated local program.

begin insert

Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties.

end insert begin insert

This bill would additionally require the commission to provide each Native American tribe, as defined, on or before July 1, 2016, with a list of all public agencies that may be a lead agency within the geographic area in which the tribe is traditionally and culturally affiliated, the contact information of those agencies, and information on how the tribe may request those public agencies to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) Current state law provides a limited measure of protection
for sites, features, places, objects, and landscapes with cultural
value to California Native American tribes.

(2) Existing law provides limited protection for Native American
sacred places, including, but not limited to, places of worship,
religious or ceremonial sites, and sacred shrines.

(3) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
does not readily or directly include California Native American
tribes’ knowledge and concerns. This has resulted in significant
environmental impacts to tribal cultural resources and sacred
places, including cumulative impacts, to the detriment of California
Native American tribes and California’s environment.

(4) As California Native Americans have used, and continue to
use, natural settings in the conduct of begin delete spiritual practices, end delete religious
observances, ceremonies, and cultural practices and beliefs, these
resources reflect the tribes’ continuing cultural ties to the land and
their traditional heritages.

(5) Many of these archaeological, historical, cultural, and sacred
sites are not located within the current boundaries of California
Native American reservations and rancherias, and therefore are
not covered by the protectionist policies of tribal governments.

(b) In recognition of California Native American tribal
sovereignty and the unique relationship of California local
governments and public agencies with California Native American
tribal governments, and respecting the interests and roles of project
proponents, it is the intent of the Legislature, in enacting this act,
to accomplish all of the following:

(1) Recognize that California Native American prehistoric,
historic, archaeological, cultural, and sacred places are essential
elements in tribal cultural traditions, heritages, and identities.

(2) Establish a consultation process for federally recognized
Native American tribes in California in the California
Environmental Quality Act.

(3) Establish a new category of resources in the California
Environmental Quality Act called “tribal cultural resources” that
considers the tribal cultural values in addition to the scientific and
archaeological values when determining impacts and mitigation.

(4) Recognize that California Native American tribes may have
expertise with regard to their tribal history and practices, which
concern the tribal cultural resources with which they are
traditionally and culturally affiliated. Because the California
Environmental Quality Act calls for a sufficient degree of analysis,
tribal knowledge about the land and tribal cultural resources at
issue should be included in environmental assessments for projects
that may have a significant impact on those resources.

(5) Establish a meaningful consultation process between
California Native American tribal governments and lead agencies,
respecting the interests and roles of project proponents and the
level of required confidentiality concerning tribal cultural
resources, at the earliest possible point in the California
Environmental Quality Act environmental review process, so that
tribal cultural resources can be identified, and culturally appropriate
mitigation and mitigation monitoring programs can be considered
by the decisionmaking body of the lead agency.

(6) Ensure that local and tribal governments, public agencies,
and project proponents have information available, early in the
California Environmental Quality Act environmental review
process, for purposes of identifying and addressing potential
adverse impacts to tribal cultural resources and to reduce the
potential for delay and conflicts in the environmental review
process.

(7) Enable California Native American tribes to manage and
accept conveyances of, and act as caretakers of, tribal cultural
resources.

(8) Establish that a substantial adverse change to a tribal cultural
resource has a significant effect on the environment.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5097.94 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

5097.94.  

The commission shall have the following powers and
duties:

(a) To identify and catalog places of special religious or social
significance to Native Americans, and known graves and
cemeteries of Native Americans on private lands. The identification
and cataloguing of known graves and cemeteries shall be completed
on or before January 1, 1984. The commission shall notify
landowners on whose property such graves and cemeteries are
determined to exist, and shall identify the Native American group
most likely descended from those Native Americans who may be
interred on the property.

(b) To make recommendations relative to Native American
sacred places that are located on private lands, are inaccessible to
Native Americans, and have cultural significance to Native
Americans for acquisition by the state or other public agencies for
the purpose of facilitating or assuring access thereto by Native
Americans.

(c) To make recommendations to the Legislature relative to
procedures which will voluntarily encourage private property
owners to preserve and protect sacred places in a natural state and
to allow appropriate access to Native American religionists for
ceremonial or spiritual activities.

(d) To appoint necessary clerical staff.

(e) To accept grants or donations, real or in kind, to carry out
the purposes of this chapter.

(f) To make recommendations to the Director of Parks and
Recreation and the California Arts Council relative to the California
State Indian Museum and other Indian matters touched upon by
department programs.

(g) To bring an action to prevent severe and irreparable damage
to, or assure appropriate access for Native Americans to, a Native
American sanctified cemetery, place of worship, religious or
ceremonial site, or sacred shrine located on public property,
pursuant to Section 5097.97. If the court finds that severe and
irreparable damage will occur or that appropriate access will be
denied, and appropriate mitigation measures are not available, it
shall issue an injunction, unless it finds, on clear and convincing
evidence, that the public interest and necessity require otherwise.
The Attorney General shall represent the commission and the state
in litigation concerning affairs of the commission, unless the
Attorney General has determined to represent the agency against
whom the commission’s action is directed, in which case the
commission shall be authorized to employ other counsel. In any
action to enforce the provisions of this subdivision the commission
shall introduce evidence showing that such cemetery, place, site,
or shrine has been historically regarded as a sacred or sanctified
place by Native American people and represents a place of unique
historical and cultural significance to an Indian tribe or community.

(h) To request and utilize the advice and service of all federal,
state, local, and regional agencies.

(i) To assist Native Americans in obtaining appropriate access
to sacred places that are located on public lands for ceremonial or
spiritual activities.

(j) To assist state agencies in any negotiations with agencies of
the federal government for the protection of Native American
sacred places that are located on federal lands.

(k) To mediate, upon application of either of the parties, disputes
arising between landowners and known descendents relating to
the treatment and disposition of Native American human burials,
skeletal remains, and items associated with Native American
burials.

The agreements shall provide protection to Native American
human burials and skeletal remains from vandalism and inadvertent
destruction and provide for sensitive treatment and disposition of
Native American burials, skeletal remains, and associated grave
goods consistent with the planned use of, or the approved project
on, the land.

(l) To assist interested landowners in developing agreements
with appropriate Native American groups for treating or disposing,
with appropriate dignity, of the human remains and any items
associated with Native American burials.

begin insert

(m) To provide each Native American tribe, as defined in Section
21073, on or before July 1, 2016, with a list of all public agencies
that may be a lead agency pursuant to Division 13 (commencing
with Section 21000) within the geographic area with which the
tribe is traditionally and culturally affiliated, the contact
information of those public agencies, and information on how the
tribe may request the public agency to notify the tribe of projects
within the jurisdiction of those public agencies for the purposes
of requesting consultation pursuant to Section 21080.3.1.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 21073 is added to the Public Resources Code,
to read:

21073.  

“Native American tribe” means a federally recognized
Indian tribe located in California.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 21074 is added to the Public Resources Code,
to read:

21074.  

(a)  begin delete (1) end delete begin delete   end delete “Tribal cultural resources” are either of the
following:

begin delete

(A)

end delete

begin insert (1) end insert  Sites, features, places, and objects with cultural value to
descendant begin delete communities, as those communities are described in
the 1990 Guidelines for Evaluating and Documenting Traditional
Cultural Properties, National Register Bulletin 38, National
Register of Historic Places, National Park Service, Washington
D.C., end delete begin insert communities end insert or cultural begin delete landscapes that are consistent with
the guidance of the United States National Park Service and the
federal Advisory Council on Historic Preservation, end delete begin insert landscapes, end insert
that are any of the following:

begin delete

(i)

end delete

begin insert (A) end insert  Included in the California Register of Historical Resources.

begin delete

(ii)

end delete

begin insert (B) end insert  Included in a local register of historical resources as defined
in subdivision (k) of Section 5020.1.

begin delete

(iii)

end delete

begin insert (C) end insert  A resource deemed to be significant pursuant to criteria set
forth in subdivision (c) of Section 5024.1.

begin delete

(B)

end delete

begin insert (2) end insert  Sacred places including, but not limited to, Native American
sanctified cemeteries, places of worship, religious or ceremonial
sites, or sacred shrines that meet either of the following criteria:

begin delete

(i)

end delete

begin insert (A) end insert  Listed on the California Native American Heritage
Commission’s Sacred Lands File pursuant to Section 5097.94 or
begin delete 5097.96. end delete begin insert 5097.96 for which a Native American tribe has submitted
sufficient evidence demonstrating that the sacred places are of
special religious or social significance to the Native American
tribe or contain known graves and cemeteries of Native Americans. end insert

begin delete

(ii)

end delete

begin insert (B) end insert  Listed or determined pursuant to criteria set forth in
subdivision (g) of Section 5024.1 to be eligible for listing in the
California Register of Historical Resources.

begin delete

(2) The fact that a resource is not included in the California
Register of Historic Places, not listed in California Native
American Heritage Commission’s Sacred Lands File, not included
in a local register of historical resources, not deemed significant
pursuant to criteria set forth in subdivision (c) of Section 5024.1,
or not deemed eligible pursuant to criteria set forth in subdivision
(g) of Section 5024.1 for listing in the California Register of
Historic Places shall not preclude a lead agency from determining
whether the resource is a tribal cultural resource for the purposes
of this division.

end delete begin insert

(b) A cultural landscape that meets the criteria of subdivision
(a) is a tribal cultural resource to the extent that the landscape is
geographically defined in terms of the size and scope of the
landscape.

end insert begin delete

(b)

end delete

begin insert (c) end insert  A historical resource described in Section 21084.1, a unique
archaeological resource as defined in subdivision (g) of Section
21083.2, or a “nonunique archaeological resource” as defined in
subdivision (h) of Section 21083.2 may also be a tribal cultural
resource if it conforms with the criteria of begin delete paragraph (1) of, or the
lead agency determines the resource to be a tribal cultural resource
pursuant to paragraph (2) of, end delete subdivision (a).

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 21080.3.1 is added to the Public Resources
Code, to read:

21080.3.1.  

(a) Native American tribes that are traditionally
and culturally affiliated with a geographic area may have expertise
concerning their tribal cultural begin delete resources and may assist the lead
agency in identifying, interpreting, and determining significance
of tribal cultural resources and whether an impact of a proposed
project to a tribal cultural resource is significant. end delete begin insert resources. end insert

(b) Prior to determining whether a negative declaration,
mitigated negative declaration, or environmental impact report is
required for a project, the lead agency shall begin delete consult, regarding the
appropriate level of environmental review for a project, end delete begin insert begin
consultation end insert with a Native American tribe that is traditionally and
culturally affiliated with the geographic area of the proposed project
if: (1) the Native American tribe requested to the lead agency, in
writing, to be informed by the lead agency through formal
notification of proposed projects in begin delete that end delete begin insert the end insert geographic begin delete area, end delete begin insert area
that is traditionally and culturally affiliated with the tribe, end insert and (2)
the Native American tribe responds, in writing, within 30 days of
receipt of the formal notification, and requests the consultation.
For purposes of this begin delete section, “Consultation” end delete begin insert section and Section
21080.3.2, “consultation” end insert shall have the same meaning as provided
in Section begin delete 20180.3.2. end delete begin insert 65352.4 of the Government Code. end insert

(c) To expedite the requirements of this section, the Native
American Heritage Commission shall assist the lead agency in
identifying the traditionally and culturally affiliated Native
American begin delete tribes. The end delete begin insert tribes within the project area. Within 14 days
of determining that an application for a project is complete or a
decision by a public agency to undertake a project, the end insert lead agency
begin insert shall provide end insert formal notification to the begin insert designated contact of, or
a tribal representative of, end insert traditionally and culturally affiliated
Native American tribes that have requested begin delete notice end delete begin insert notice, which end insert
shall be accomplished by means of at least one written notification
that includes begin delete information about the project and the project location
and description, consistent with the information about the project
required to be provided under paragraph (1) of subdivision (b) of
Section 21092, and shall be deemed sufficient to qualify as formal
notification pursuant to subdivision (b). end delete begin insert a brief description of the
proposed project and its location, the lead agency contact
information, and a notification that the tribe has 30 days to request
consultation pursuant to this section. end insert

begin insert

(d) The lead agency shall begin the consultation process within
14 days of receiving a Native American tribe’s request for
consultation.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 21080.3.2 is added to the Public Resources
Code, to read:

begin delete

21080.3.2.  

(a) For the purposes of this section and Section
21080.3.1, “consultation” means the process of acting in good
faith in seeking, discussing, and considering carefully the view of
others, and, where feasible, seeking agreement. Consultation
between public agencies and Native American tribes shall be
conducted in a way that is mutually respectful of each party’s
sovereignty, tribal cultural values, and confidentiality as provided
in Section 21082.3.

(b)

end delete

begin insert

begin insert 21080.3.2. end insert   

end insert

begin insert (a) end insert  As a part of the consultation begin delete process, end delete begin insert pursuant
to Section 21080.3.1, end insert the parties may propose mitigation measures,
including, but not limited to, those recommended in Section
21084.3, capable of avoiding or substantially lessening potential
significant impacts to a tribal cultural resource or alternatives that
would avoid significant impacts to a tribal cultural resource. If the
Native American tribe requests consultation regarding alternatives
to the project, recommended mitigation measures, or significant
effects, the consultation shall include those topics. The consultation
may include discussion concerning the significance of tribal
cultural resources, the significance of the project’s impacts on the
tribal cultural resources, and, if necessary, project alternatives or
the appropriate measures for preservation or mitigation that the
Native American tribe may recommended to the lead agency.

begin delete

(c)

end delete

begin insert (b) end insert  The consultation shall be considered concluded begin delete at the point
at which the authorized representative of the lead agency
participating in the consultation or the Native American tribe,
acting in good faith, concludes that mutual agreement cannot be
reached. end delete begin insert when either of the following occurs: end insert

begin insert

(1) The parties agree to measures to mitigate or avoid a
significant effect on a tribal cultural resource.

end insert begin insert

(2) A party, acting in good faith and after reasonable effort,
concludes that mutual agreement cannot be reached concerning
appropriate measures to be taken that would mitigate or avoid a
significant effect on a tribal cultural resource.

end insert begin delete

(d)

end delete

begin insert (c) end insert  (1) This section does not limit the ability of a Native
American tribe or the public to submit information to the lead
agency regarding the significance of the tribal cultural resources,
the significance of the project’s impact on tribal cultural resources,
or any appropriate measures to mitigate the impact.

(2) This section does not limit the ability of the lead agency or
project proponent to incorporate changes and additions to the
project as a result of the consultation, even if not legally required.

(3) This section is not intended to replace the existing mitigation
preference for historical and archaeological resources requiring
the lead agency, when feasible, to first consider preservation in
place.

begin delete

(e)

end delete

begin insert (d) end insert  If the project proponent or its consultants participate in the
consultation, those parties shall respect the principles set forth in
this section.

begin delete

(f)

end delete

begin insert (e) end insert  This section shall apply only to a project that has a notice
of preparation or a notice of negative declaration or mitigated
negative declaration filed on or after January 1, 2015.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 21082.3 is added to the Public Resources Code,
to read:

21082.3.  

(a) Any mitigation measures agreed upon in the
consultation conducted pursuant to Section 21080.3.2 shall be
recommended for inclusion in the environmental document and
in an adopted mitigation monitoring program, if determined to
avoid or lessen the impact pursuant to paragraph (2) of subdivision
(b), and shall be fully begin delete enforceable. end delete begin insert enforceable. end insert

(b) If a project may have a significant impact on a tribal cultural
resource, the lead agency’s environmental document shall discuss
both of the following:

(1) Whether the proposed project has a significant impact on
an identified tribal cultural resource.

(2) Whether feasible alternatives or mitigation measures,
including those measures that may be agreed to pursuant to
subdivision (a), avoid or substantially lessen the impact begin delete to end delete begin insert on end insert the
identified tribal cultural resource.

(c) (1) Any information, including, but not limited to, the
location, nature, and use of the tribal cultural begin delete resource end delete begin insert resources, end insert
that is submitted by a Native American tribe during the consultation
process may not be included in the environmental document or
otherwise disclosed by the lead agency or any other public agency
to the public without the prior consent of the tribe that provided
the information. If the lead agency publishes any information
submitted by a Native American tribe during the consultation
process, that information shall be published in a confidential
appendix to the environmental document unless the tribe that
provided the information consents, in writing, to the disclosure of
some or all of the information to the public. This subdivision does
not prohibit the confidential exchange of the submitted information
between public agencies that have lawful jurisdiction over the
preparation of the environmental document.

(2) This subdivision does not affect or alter the application of
subdivision (r) of Section 6254 of the Government Code.

(3) This subdivision does not prevent a lead agency or other
public agency from describing the information in general terms in
the environmental document so as to inform the public of the basis
of the lead agency’s or other public agency’s decision without
breaching the confidentiality required by this subdivision.

(d) The lead agency may certify an environmental impact report
or adopt a mitigated negative declaration for a project with a
significant impact on an identified tribal cultural resource only if
one of the following occurs:

(1) Mitigation measures agreed to during the consultation
process pursuant to subdivision (a) or another agreement have
been recommended to the decisionmaking body of the lead agency
as mitigation measures in the final environmental document and
mitigation monitoring program.

(2) The Native American tribe accepts the mitigation measures
proposed in the draft or final environmental document and
mitigation monitoring and reporting program.

(3) Consultation between the Native American tribes and the
lead agency has occurred pursuant to Section 21080.3.2.

(e) If the mitigation measures recommended by the staff of the
lead agency as a result of the consultation process are not included
in the environmental document or if there are no agreed upon
mitigation measures at the conclusion of the consultation, and if
substantial evidence demonstrates that a project will cause a
significant effect to a tribal cultural resource, the lead agency shall
consider feasible mitigation pursuant to subdivision (b) of Section
21084.3.

(f) This section is not intended, and may not be construed, to
limit consultation between the state and tribal governments,
existing confidentiality provisions, or the protection of religious
exercise to the fullest extent permitted under state and federal law.

(g) This section shall apply only to a project that has a notice
of preparation or a notice of negative declaration or mitigated
negative declaration filed on or after January 1, 2015.

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

Section 21083.09 is added to the Public Resources
Code, to read:

21083.09.  

On or before January 1, 2016, the Office of Planning
and Research shall prepare and develop, and the Secretary of the
Natural Resources Agency shall certify and adopt, revisions to the
guidelines that update Appendix G of Chapter 3 (commencing
with Section 15000) of Division 6 of Title 4 of the California Code
of Regulations to do both of the following:

(a) Separate the consideration of paleontological resources from
cultural resources and update the relevant sample questions.

(b) Add consideration of tribal cultural resources with relevant
sample questions.

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

Section 21084.2 is added to the Public Resources Code,
to read:

21084.2.  

(a) A 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.

(b) This section shall apply only to a project that has a notice
of preparation or a notice of negative declaration or mitigated
negative declaration filed on or after January 1, 2015.

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

Section 21084.3 is added to the Public Resources
Code, to read:

21084.3.  

(a) Public agencies shall, when feasible, seek to avoid
damaging effects to any tribal cultural resource.

(b) If the lead agency determines that a project may cause a
substantial adverse change to a tribal cultural resource, and
measures are not otherwise identified in the consultation process
provided in Section 21080.3.2, the following are examples of
mitigation measures that, if feasible, may be considered to avoid
or minimize the significant adverse impacts:

(1) Avoidance and preservation of the resources in place,
including, but not limited to, planning and construction to avoid
the resources and protect the cultural and natural context, or
planning greenspace, parks, or other open space, to incorporate
the resources with culturally appropriate protection and
management criteria.

(2) Treating the resource with culturally appropriate dignity
taking into account the tribal cultural values and meaning of the
resource, including, but not limited to, the following:

(A) Protecting the cultural character and integrity of the
resource.

(B) Protecting the traditional use of the resource.

(C) Protecting the confidentiality of the resource.

(3) Permanent conservation easements or other interests in real
property, with culturally appropriate management criteria for the
purposes of preserving or utilizing the resources or places.

(4) Protecting the resource.

(c) This section shall apply only to a project that has a notice
of preparation or a notice of negative declaration or mitigated
negative declaration filed on or after January 1, 2015.

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

(a) This act does not alter or expand the applicability
of the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
concerning projects occurring on Native American tribal
reservations or rancherias.

(b) This act does not prohibit any Native American tribe or
nonfederally recognized tribe from participating in the California
Environmental Quality Act on any issue of concern as an interested
person, citizen, or member of the public.

(c) This act does not prohibit any lead agency from consulting
with nonfederally recognized Native American tribes.

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.