AB 1987, as introduced, Rodriguez. Department of Transportation: contracts with federally recognized Indian tribes.
Existing law specifies the powers and duties of the Department of Transportation, and authorizes the department to make and enter into contracts that are required for performance of its duties, except that contracts with federally recognized Indian tribes are limited to certain activities and subject to certain conditions.
This bill would delete those limitations and conditions. The bill would authorize the department to make and enter into contracts with the tribal government of a federally recognized Indian tribe in order to carry out its duties, including disbursement of state and federal transportation funds administered by the department that are designated for expenditure on eligible projects under the jurisdiction of the tribe.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that federally
2recognized Indian tribes are important partners in California’s
3transportation program, and that tribal governments are eligible
P2 1applicants for funding and have been successful in competing for
2Department of Transportation planning grants and Active
3Transportation Program funds. The California Transportation
4Commission, in its 2015 Annual Report to the Legislature
5submitted pursuant to Section 14536 of the Government Code, as
6one of its high priority statutory recommendations, recommended
7the lifting of existing statutory restrictions, that preclude the
8Department of Transportation from contracting directly with
9federally recognized Indian tribes, in order to reduce delays in
10allocation of transportation funds.
Section 94 of the Streets and Highways Code is
12amended to read:
(a) The department may make and enter into any contracts
14in the manner provided by law that are required for performance
15of itsbegin delete duties, provided that contracts with federally recognized begin insert duties.end insert
16Indian tribes shall be limited to activities related to on-reservation
17or off-reservation cultural resource management and environmental
18studies and off-reservation traffic impact mitigation projects on
19or connecting to the state highway system.end delete
20(b) To implement off-reservation traffic impact
mitigation
21contracts with federally recognized Indian tribes, all of the
22following shall apply:
23(1) Any contract shall provide for the full reimbursement of
24expenses and costs incurred by the department in the exercise of
25its contractual responsibilities. Funds for the project shall be placed
26in an escrow account prior to project development. The contract
27shall also provide for a limited waiver of sovereign immunity by
28that Indian tribe for the state for the purpose of enforcing
29obligations arising from the contracted activity.
30(2) The proposed transportation project shall comply with all
31applicable state and federal environmental impact and review
32requirements, including, but not limited to, the California
33Environmental Quality Act (Division 13 (commencing with Section
3421000) of the Public Resources Code).
35(3) The
department’s work on the transportation project under
36the contract shall not jeopardize or adversely affect the completion
37of other transportation projects included in the adopted State
38Transportation Improvement Program.
39(4) The transportation project is included in or consistent with
40the affected regional transportation plan.
P3 1(b) The department may make and enter into contracts with the
2tribal government of a federally recognized Indian tribe in order
3to carry out its duties, including disbursement of state and federal
4transportation funds administered by the department that are
5designated for expenditure on eligible projects under the
6jurisdiction of the tribe.
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