AB 923: Government-to-Government Consultation Act: state-tribal consultation: training.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-23
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would encourage the state and its agencies to consult on a government-to-government basis with federally recognized and, as specified, with nonfederally recognized tribes. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Department of Human Resources, in consultation with state entities experienced in tribal issues and with tribal governments, to develop a training, by June 1, 2024, regarding the required elements of training on government-to-government consultations. The bill would require the designated state officials to complete the training by January 1, 2025, or, for officials appointed after that date, within 6 months of their appointment, as specified, and would require each official to retake the training annually.
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would encourage the state and its agencies to consult on a government-to-government basis with federally recognized and, as specified, with nonfederally recognized tribes. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Department of Human Resources, in consultation with state entities experienced in tribal issues and with tribal governments, to develop a training, by June 1, 2024, regarding the required elements of training on government-to-government consultations. The bill would require the designated state officials to complete the training by January 1, 2025, or, for officials appointed after that date, within 6 months of their appointment, as specified, and would require each official to retake the training annually.
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would encourage the state and its agencies to consult on a government-to-government basis with federally recognized and, as specified, with nonfederally recognized tribes. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Department of Human Resources, in consultation with state entities experienced in tribal issues and with tribal legal services organizations having 10 or more years experience in matters relating to California tribes, governments, to develop a training, by June 1, 2024, regarding the required elements of training on government-to-government consultations. The bill would require the designated state officials to complete the training by January 1, 2025, or, for officials appointed after that date, within 6 months of their appointment, as specified, and would require each official to retake the training annually.
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would encourage the state and its agencies to consult on a government-to-government basis with federally recognized and, as specified, with nonfederally recognized tribes. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Department of Human Resources, in conjunction with the University of California, UCLA School of Law Tribal Legal Development Clinic, the National Indian Justice Center, and tribal organizations with 10 or more years experience in matters relating to tribal affairs, consultation with state entities experienced in tribal issues and with tribal legal services organizations having 10 or more years experience in matters relating to California tribes, to develop a training, by June 1, 2024, regarding the required elements of training on government-to-government consultations. The bill would require the designated state officials to complete the training by January 1, 2025, or, for officials appointed after that date, within 6 months of their appointment, as specified, and would require each official to retake the training annually.
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would require encourage the state and its agencies to consult on a government-to-government basis with California federally recognized and, as specified, with nonfederally recognized tribes. The bill would require the executive branch to consult with a tribe upon 60 days notice of the request to consult, and would require each agency director to consider the need for tribal consultation before approving an agency policy. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require a training to be developed, by June 30, 2023, the Department of Human Resources, in conjunction with the University of California, UCLA School of Law Tribal Legal Development Clinic, the National Indian Justice Center, and tribal organizations with 10 or more years experience in matters relating to tribal affairs, to develop a training, by June 1, 2024, regarding the required elements of training on government-to-government consultations, and consultations. The bill would require all agency directors, chairs, executive officers and chief counsels the designated state officials to complete the training by January 1, 2024. The bill would require agency 2025, or, for officials appointed after January 1, 2024, to arrange receipt of the training that date, within 6 months of their appointment, as specified. specified, and would require each official to retake the training annually.
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would require the state and its agencies to consult on a government-to-government basis with California tribes. The bill would require the executive branch to consult with a tribe upon 60 days notice of the request to consult, and would require each agency director to consider the need for tribal consultation before approving an agency policy. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Governors Tribal Advisor to convene a council of tribal liaisons to develop, a training to be developed, by June 30, 2022, 2023, regarding the required elements of training on government-to-government consultations, and would require all agency directors, chairs, executive officers and chief counsels to complete the training by January 1, 2023. 2024. The bill would require agency officials appointed after January 1, 2023, 2024, to arrange receipt of the training within 6 months of their appointment, as specified.
Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.
This bill would require the state and its agencies to consult on a government-to-government basis with California tribes. The bill would require the executive branch to consult with a tribe upon 60 days notice of the request to consult, and would require each agency director to consider the need for tribal consultation before approving an agency policy. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Governors Tribal Advisor to convene a council of tribal liaisons to develop, by June 30, 2022, the required elements of training on government-to-government consultations, and would require all agency directors, chairs, executive officers and chief counsels to complete the training by January 1, 2023. The bill would require agency officials appointed after January 1, 2023, to arrange receipt of the training within 6 months of their appointment, as specified.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes .... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation by establishing whom in state agencies has authority to represent the State of California in such consultations, providing for how such consultations will be conducted, and requiring training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(b)For purposes of this section, all of the following shall apply:
(1)Agency action includes, but is not limited to, agency development of policies, regulations, guidelines, processes, programs, and projects with tribal implications.
(2)Federally recognized tribe means a tribe located in the state and acknowledged by the federal government pursuant to the annual list published under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 479a) in the Federal Register.
(3)Tribal implications are agency actions that impact one or more federally recognized tribes or nonfederally recognized tribes or tribal organizations, the government-to-government relationship between the state and federally recognized tribes, or the distribution of power and responsibilities between the state and federally recognized tribes.
(c)The Legislature encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes and tribal organizations, as appropriate, in order to allow tribal officials the opportunity to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(d)At the request of a federally recognized tribe for a government-to-government consultation on a specified agency action, the Legislature encourages the state and its agencies to consult with the tribe as to the specified agency action within 60 days of the request.
(e)Each agency director is encouraged to consider the need for tribal consultation before approving an agency action.
(f)(1)Within the executive branch, the following officials shall have authority to represent the state in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer and statewide elected official.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, and each designated official may have the authority to act on behalf of the state during a government-to-government consultation.
(g)(1)On or before June 1, 2024, the Department of Human Resources, in consultation with state entities experienced in tribal issues and with tribal governments, shall develop a training regarding the required elements of training on government-to-government consultations for the officials specified in subdivision (f).
(2)The training shall include details on government-to-government consultation, including, but not limited to, all of the following elements:
(A)Timing and notice.
(B)Form, including, but not limited to, in-person meetings, video conferences, teleconferences, and written correspondence.
(C)Principles.
(D)Resolution.
(E)Tribal sovereignty.
(F)Sacred sites.
(G)Changes or updates to state law that affect California tribes and that would require government-to-government consultation.
(h)All officials listed in subdivision (f) shall complete the training on government-to-government consultation by January 1, 2025, or, for officials appointed after that date, within six months of their appointment or confirmation of appointment, whichever is later. Each official shall retake the training annually.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes .... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation by establishing whom in state agencies has authority to represent the State of California in such consultations, providing for how such consultations will be conducted, and requiring training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(b)For purposes of this section, all of the following shall apply:
(1)Agency action includes, but is not limited to, agency development of policies, regulations, guidelines, processes, programs, and projects with tribal implications.
(2)Federally recognized tribe means a tribe located in the state and acknowledged by the federal government pursuant to the annual list published under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 479a) in the Federal Register.
(3)Tribal implications are agency actions that impact one or more federally recognized tribes or nonfederally recognized tribes or tribal organizations, the government-to-government relationship between the state and federally recognized tribes, or the distribution of power and responsibilities between the state and federally recognized tribes.
(c)The Legislature encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes and tribal organizations, as appropriate, in order to allow tribal officials the opportunity to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(d)At the request of a federally recognized tribe for a government-to-government consultation on a specified agency action, the Legislature encourages the state and its agencies to consult with the tribe as to the specified agency action within 60 days of the request.
(e)Each agency director is encouraged to consider the need for tribal consultation before approving an agency action.
(f)(1)Within the executive branch, the following officials shall have authority to represent the state in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer and statewide elected official.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, and each designated official may have the authority to act on behalf of the state during a government-to-government consultation.
(g)(1)On or before June 1, 2024, the Department of Human Resources, in consultation with state entities experienced in tribal issues and with tribal governments, shall develop a training regarding the required elements of training on government-to-government consultations for the officials specified in subdivision (f).
(2)The training shall include details on government-to-government consultation, including, but not limited to, all of the following elements:
(A)Timing and notice.
(B)Form, including, but not limited to, in-person meetings, video conferences, teleconferences, and written correspondence.
(C)Principles.
(D)Resolution.
(E)Tribal sovereignty.
(F)Sacred sites.
(G)Changes or updates to state law that affect California tribes and that would require government-to-government consultation.
(h)All officials listed in subdivision (f) shall complete the training on government-to-government consultation by January 1, 2025, or, for officials appointed after that date, within six months of their appointment or confirmation of appointment, whichever is later. Each official shall retake the training annually.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes .... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation by establishing whom in state agencies has authority to represent the State of California in such consultations, providing for how such consultations will be conducted, and requiring training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(b)For purposes of this section, all of the following shall apply:
(1)Agency action includes, but is not limited to, agency development of policies, regulations, guidelines, processes, programs, and projects with tribal implications.
(2)Federally recognized tribe means a tribe located in the state and acknowledged by the federal government pursuant to the annual list published under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 479a) in the Federal Register.
(3)Tribal implications are agency actions that impact one or more federally recognized tribes or nonfederally recognized tribes or tribal organizations, the government-to-government relationship between the state and federally recognized tribes, or the distribution of power and responsibilities between the state and federally recognized tribes.
(c)The Legislature encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes and tribal organizations, as appropriate, in order to allow tribal officials the opportunity to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(d)At the request of a federally recognized tribe for a government-to-government consultation on a specified agency action, the Legislature encourages the state and its agencies to consult with the tribe as to the specified agency action within 60 days of the request.
(e)Each agency director is encouraged to consider the need for tribal consultation before approving an agency action.
(f)(1)Within the executive branch, the following officials shall have authority to represent the state in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer and statewide elected official.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, and each designated official may have the authority to act on behalf of the state during a government-to-government consultation.
(g)(1)On or before June 1, 2024, the Department of Human Resources, in consultation with state entities experienced in tribal issues and with tribal legal services organizations having 10 or more years experience in matters relating to California tribes, governments, shall develop a training regarding the required elements of training on government-to-government consultations for the officials specified in subdivision (f).
(2)The elements of the training shall be identified and described by January 1, 2024, and shall include, but are not limited to, training elements educating on tribal sovereignty, jurisdiction, and form.(3)(2)The training shall include details on government-to-government consultation, including including, but not limited to, all of the following elements:
(A)Timing and notice.
(B)Form, including, but not limited to, in-person meetings, video conferences, teleconferences, and written correspondence.
(C)Principles.
(D)Resolution.
(E)Tribal sovereignty.
(F)Sacred sites.
(G)Changes or updates to state law that affect California tribes and that would require government-to-government consultation.
(h)All officials listed in subdivision (f) shall complete the training on government-to-government consultation by January 1, 2025, or, for officials appointed after that date, within six months of their appointment or confirmation of appointment, whichever is later. Each official shall retake the training annually.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes .... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation by establishing whom in state agencies has authority to represent the State of California in such consultations, providing for how such consultations will be conducted, and requiring training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(b)For purposes of this section, all of the following shall apply:
(1)Agency action includes, but is not limited to, agency development of policies, regulations, guidelines, processes, programs, and projects with tribal implications.
(2)Federally recognized tribe means a tribe located in the state and acknowledged by the federal government pursuant to the annual list published under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 479a) in the Federal Register.
(3)Tribal implications are agency actions that impact one or more federally recognized tribes or nonfederally recognized tribes or tribal organizations, the government-to-government relationship between the state and federally recognized tribes, or the distribution of power and responsibilities between the state and federally recognized tribes.
(c)The Legislature encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes and tribal organizations, as appropriate, in order to allow tribal officials the opportunity to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(d)At the request of a federally recognized tribe for a government-to-government consultation on a specified agency action, the Legislature encourages the state and its agencies to consult with the tribe as to the specified agency action within 60 days of the request.
(e)Each agency director is encouraged to consider the need for tribal consultation before approving an agency action.
(f)(1)Within the executive branch, the following officials shall have authority to represent the state in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer and statewide elected official.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, and each designated official may have the authority to act on behalf of the state during a government-to-government consultation.
(g)(1)On or before June 1, 2024, the Department of Human Resources, in conjunction with the University of California, UCLA School of Law Tribal Legal Development Clinic, the National Indian Justice Center, and tribal organizations with 10 or more years experience in matters relating to tribal affairs, consultation with state entities experienced in tribal issues and with tribal legal services organizations having 10 or more years experience in matters relating to California tribes, shall develop a training regarding the required elements of training on government-to-government consultations for the officials specified in subdivision (f).
(2)The elements of the training shall be identified and described by January 1, 2024, and shall include, but are not limited to, training elements educating on tribal sovereignty, jurisdiction, and form.
(3)The training shall include details on government-to-government consultation, including all of the following elements:
(A)Timing and notice.
(B)Form, including, but not limited to, in-person meetings, video-conferences, video conferences, teleconferences, and written correspondence.
(C)Principles.
(D)Resolution.
(E)Tribal sovereignty.
(F)Sacred sites.
(G)Changes or updates to state law that affect California tribes and that would require government-to-government consultation.
(h)All officials listed in subdivision (f) shall complete the training on government-to-government consultation by January 1, 2025, or, for officials appointed after that date, within six months of their appointment or confirmation of appointment, whichever is later. Each official shall retake the training annually.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes.... tribes .... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation, consultation by establishing whom in state agencies has authority to represent the State of California in such consultations, and providing for how such consultations will be conducted, and requiring training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)(1)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(b)For purposes of this section, all of the following shall apply:
(1)Agency action includes, but is not limited to, agency development of policies, regulations, guidelines, processes, programs, and projects with tribal implications.
(2)Federally recognized tribe means a tribe located in the state and acknowledged by the federal government pursuant to the annual list published under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) in the Federal Register.
(3)Tribal implications are agency actions that impact one or more federally recognized tribes or nonfederally recognized tribes or tribal organizations, the government-to-government relationship between the state and federally recognized tribes, or the distribution of power and responsibilities between the state and federally recognized tribes.
(2)(c)The Legislature encourages the State of California and its agencies shall to consult on a government-to-government basis with California Native American Tribes, federally recognized tribes, and with nonfederally recognized tribes and tribal organizations, as appropriate, in order to allow tribal officials the opportunity for to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(b)(d)At the request of a California Native American Tribe federally recognized tribe for a government-to-government consultation on a specified policy, the executive branch shall agency action, the Legislature encourages the state and its agencies to consult with the tribe as to the specified policy agency action within 60 days of the request.
(c)(e)Each agency director shall is encouraged to consider the need for tribal consultation before approving an agency policy. action.
(d)(f)(1)Within the executive branch, the following officials shall have authority to represent the State of California state in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer. officer and statewide elected official.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, however only the identified officials have and each designated official may have the authority to act on behalf of the State of California state during a government-to-government consultation.
(e)A training shallbe developed regarding(g)(1)On or before June 1, 2024, the Department of Human Resources, in conjunction with the University of California, UCLA School of Law Tribal Legal Development Clinic, the National Indian Justice Center, and tribal organizations with 10 or more years experience in matters relating to tribal affairs, shall develop a training regarding the required elements of training on government-to-government consultations for agency directors, chairs, executive officers, and chief counsels. The the officials specified in subdivision (f).
(2)The elements of the training shall be identified and described by June 30, 2023. January 1, 2024, and shall include, but are not limited to, training elements educating on tribal sovereignty, jurisdiction, and form.
(3)The training shall include details on government-to-government consultation, including all of the following elements:
(A)Timing and notice.
(B)Form, including, but not limited to, in-person meetings, video-conferences, teleconferences, and written correspondence.
(C)Principles.
(D)Resolution.
(E)Tribal sovereignty.
(F)Sacred sites.
(G)Changes or updates to state law that affect California tribes and that would require government-to-government consultation.
(f)(h)All agency directors, chairs, executive officers and chief counsels officials listed in subdivision (f) shall complete the training on government-to-government consultation by January 1, 2024. Agency officials appointed after that date shall arrange for the training 2025, or, for officials appointed after that date, within six months of their appointment or confirmation of appointment, whichever is later. Each official shall retake the training annually.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes.... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation, by establishing whom in state agencies has authority to represent the State of California in such consultations, and providing for training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)(1)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(2)The State of California and its agencies shall consult on a government-to-government basis with California Native American Tribes, in order to allow tribal officials the opportunity for meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(b)At the request of a California Native American Tribe for a government-to-government consultation on a specified policy, the executive branch shall consult with the tribe as to the specified policy within 60 days of the request.
(c)Each agency director shall consider the need for tribal consultation before approving an agency policy.
(d)(1)Within the executive branch, the following officials shall have authority to represent the State of California in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, however only the identified officials have authority to act on behalf of the State of California during a government-to-government consultation.
(e)The Governors Tribal Advisor shall convene a council of tribal liaisons within each state agency to develop A training shall be developed regarding the required elements of training on government-to-government consultations for agency directors, chairs, executive officers, and chief counsels. The elements of the training shall be identified and described by June 30, 2022. 2023.
(f)All agency directors, chairs, executive officers and chief counsels shall complete the training on government-to-government consultation, as arranged by the Governors Tribal Advisor, consultation by January 1, 2023. 2024. Agency officials appointed after that date shall arrange for the training within six months of their appointment or confirmation of appointment, whichever is later.
(a)On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes.... That order required all federal departments to establish an accountable process to ensure meaningful and timely input by tribal officials.
(b)On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governors Tribal Advisor, to oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.
(c)On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the States commitment, requiring the Governors Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.
(d)This act intends to support the executive branchs commitment to government-to-government consultation, by establishing whom in state agencies has authority to represent the State of California in such consultations, and providing for training to support such consultations.
SEC. 2.Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:11019.81.(a)(1)This section shall be known and may be cited as the Government-to-Government Consultation Act.
(2)The State of California and its agencies shall consult on a government-to-government basis with California Native American Tribes, in order to allow tribal officials the opportunity for meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.
(b)At the request of a California Native American Tribe for a government-to-government consultation on a specified policy, the executive branch shall consult with the tribe as to the specified policy within 60 days of the request.
(c)Each agency director shall consider the need for tribal consultation before approving an agency policy.
(d)(1)Within the executive branch, the following officials shall have authority to represent the State of California in a tribal government-to-government consultation:
(A)The Governor.
(B)The Attorney General.
(C)Each constitutional officer.
(D)The director of each state agency and department.
(E)The chair and the executive officer of each state commission and task force.
(F)The chief counsel of any state agency.
(2)Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, however only the identified officials have authority to act on behalf of the State of California during a government-to-government consultation.
(e)The Governors Tribal Advisor shall convene a council of tribal liaisons within each state agency to develop the required elements of training on government-to-government consultations for agency directors, chairs, executive officers, and chief counsels. The elements of the training shall be identified and described by June 30, 2022.
(f)All agency directors, chairs, executive officers and chief counsels shall complete the training on government-to-government consultation, as arranged by the Governors Tribal Advisor, by January 1, 2023. Agency officials appointed after that date shall arrange for the training within six months of their appointment or confirmation of appointment, whichever is later.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 23, 2022 | Chaptered by Secretary of State - Chapter 475, Statutes of 2022. |
| Sep 23, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 31, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5365.). |
| Aug 30, 2022 | Ordered to special consent calendar. |
| Aug 23, 2022 | Read second time. Ordered to third reading. |
| Aug 22, 2022 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 29, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 21, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. |
| May 4, 2022 | Referred to Com. on G.O. |
| Feb 1, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 31, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 3438.) |
| Jan 25, 2022 | Read second time. Ordered to third reading. |
| Jan 24, 2022 | Read second time and amended. Ordered returned to second reading. |
| Jan 20, 2022 | From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (January 20). |
| May 18, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 29, 2021 | Coauthors revised. |
| Feb 25, 2021 | Referred to Com. on A. & A.R. |
| Feb 18, 2021 | From printer. May be heard in committee March 20. |
| Feb 17, 2021 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2022 | AB 923 Ramos Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2022 | Special Consent AB923 | Senate Floor |
Passed |
|
| Jan 31, 2022 | AB 923 Ramos Assembly Third Reading | Assembly Floor |
Passed |
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