AB 2261: Transportation: federal funding: tribes.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-07-15
Current Status:
Passed
(2024-07-15: Chaptered by Secretary of State - Chapter 102, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law provides for the use and allocation of various federal transportation funding sources, including, but not limited to, the Federal-Aid Secondary Highways Act, the Federal-Aid Combined Road Plan Act, and the Federal Aid for Safer Off-System Roads Act.
This bill would, to the extent permitted by federal and state law, require a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorize the tribe to be the lead agency for a transportation project that receives federal funding.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the use and allocation of various federal transportation funding sources, including, but not limited to, the Federal-Aid Secondary Highways Act, the Federal-Aid Combined Road Plan Act, and the Federal Aid for Safer Off-System Roads Act.
This bill would, to the extent permitted by federal and state law, require a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorize the tribe to be the lead agency for a transportation project that receives federal funding.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the use and allocation of various federal transportation funding sources, including, but not limited to, the Federal-Aid Secondary Highways Act, the Federal-Aid Combined Road Plan Act, and the Federal Aid for Safer Off-System Roads Act.
This bill would, to the extent permitted by federal and state law, require a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorize the tribe to be the lead agency for a transportation project that receives federal funding.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the use and allocation of various federal transportation funding sources, including, but not limited to, the Federal-Aid Secondary Highways Act, the Federal-Aid Combined Road Plan Act, and the Federal Aid for Safer Off-System Roads Act.
This bill would, to the extent permitted by federal and state law, require a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorize the tribe to be the lead agency for a transportation project that receives federal funding, as specified. funding.
Existing law provides for the use and allocation of various federal transportation funding sources, including, but not limited to, the Federal-Aid Secondary Highways Act, the Federal-Aid Combined Road Plan Act, and the Federal Aid for Safer Off-System Roads Act.
This bill would, to the extent permitted by federal law, require a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorize the tribe to be the lead agency for a transportation project that receives federal funding, as specified.
Existing law creates the Independent Office of Audits and Investigations in the Department of Transportation to ensure, among other things, that the department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with state and federal requirements.This bill would make a nonsubstantive change that provision.Existing law creates the Independent Office of Audits and Investigations in the Department of Transportation to ensure, among other things, that the department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with state and federal requirements.
This bill would make a nonsubstantive change that provision.
To the extent permitted by federal and state law, a federally recognized Native American tribe shall be eligible for federal funding for a transportation project and may be the lead agency for a transportation project that receives federal funding.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Twenty-Nine Palms Band of Mission Indians is embarking on a series of transportation improvement projects, including safety projects. Providing opportunity for federally recognized tribes to receive independent transportation funding is essential to the success of critical projects and will help ensure the timely delivery of transportation safety projects.
To the extent permitted by federal and state law, a federally recognized Native American tribe shall be eligible for federal funding for a transportation project and may be the lead agency for a transportation project that receives federal funding.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Twenty-Nine Palms Band of Mission Indians is embarking on a series of transportation improvement projects, including safety projects. Providing opportunity for federally recognized tribes to receive independent transportation funding is essential to the success of critical projects and will help ensure the timely delivery of transportation safety projects.
To the extent permitted by federal and state law, a federally recognized Native American tribe shall be eligible for federal funding for a transportation project and may be the lead agency for a transportation project that receives federal funding.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Twenty-Nine Palms Band of Mission Indians is embarking on a series of transportation improvement projects, including safety projects. Providing opportunity for federally recognized tribes to receive independent transportation funding is essential to the success of critical projects and will help ensure the timely delivery of transportation safety projects.
(a)To the extent permitted by federal law, and subject to subdivision (b), and state law, a federally recognized Native American tribe shall be eligible for federal funding for a transportation project and may be the lead agency for a transportation project that receives federal funding.
(b)Subdivision (a) shall apply to the federal funding described in all of the following:(1)The Federal-Aid Secondary Highways Act (Chapter 5 (commencing with Section 2200)).(2)The Federal-Aid Combined Road Plan Act (Chapter 5.1 (commencing with Section 2220)).(3)The Federal Aid for Metropolitan Transportation Planning Act (Chapter 5.5 (commencing with Section 2230)).(4)Chapter 6 (commencing with Section 2300).(5)The Federal Aid for Highway Safety Improvements Act (Chapter 6.5 (commencing with Section 2330)).(6)The Federal Aid for Urban Systems Act (Chapter 7 (commencing with Section 2350)).(7)Chapter 7.5 (commencing with Section 2370).(8)The Bridge Reconstruction and Replacement Act (Chapter 9 (commencing with Section 2400)).(9)The Transportation Economic Stimulus Act of 2009 (Chapter 9.5 (commencing with Section 2420)).(10)The Rural Highway Public Transportation Act (Chapter 11 (commencing with Section 2500)).(11)The Federal Aid for Safer Off-System Roads Act (Chapter 12 (commencing with Section 2520)).(a)To the extent permitted by federal law, and subject to subdivision (b), a federally recognized Native American tribe shall be eligible for federal funding for a transportation project and may be the lead agency for a transportation project that receives federal funding.
(b)Subdivision (a) shall apply to the federal funding described in all of the following:
(1)The Federal-Aid Secondary Highways Act (Chapter 5 (commencing with Section 2200)).
(2)The Federal-Aid Combined Road Plan Act (Chapter 5.1 (commencing with Section 2220)).
(3)The Federal Aid for Metropolitan Transportation Planning Act (Chapter 5.5 (commencing with Section 2230)).
(4)Chapter 6 (commencing with Section 2300).
(5)The Federal Aid for Highway Safety Improvements Act (Chapter 6.5 (commencing with Section 2330)).
(6)The Federal Aid for Urban Systems Act (Chapter 7 (commencing with Section 2350)).
(7)Chapter 7.5 (commencing with Section 2370).
(8)The Bridge Reconstruction and Replacement Act (Chapter 9 (commencing with Section 2400)).
(9)The Transportation Economic Stimulus Act of 2009 (Chapter 9.5 (commencing with Section 2420)).
(10)The Rural Highway Public Transportation Act (Chapter 11 (commencing with Section 2500)).
(11)The Federal Aid for Safer Off-System Roads Act (Chapter 12 (commencing with Section 2520)).
SECTION 1.Section 14460 of the Government Code is amended to read:14460.(a)There is hereby created in the department the Independent Office of Audits and Investigations to ensure all of the following:(1)The department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and federal requirements. Those external entities include, but are not limited to, private for-profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.(2)The departments programs are functioning consistent with applicable accounting standards and practices and are administered effectively, efficiently, and economically.(3)The departments management is accomplishing departmental priorities, developing an annual audit plan, administering an effective enterprise risk management program, and is making efficient, effective, and financially responsible transportation decisions.(4)The Secretary of Transportation, the Legislature, the California Transportation Commission, and the director and chief deputy director of the department are fully informed concerning fraud, improper activities, or other serious abuses or deficiencies relating to the expenditure of transportation funds or administration of department programs and operations.(b)The Governor shall appoint the director of the Audits and Investigations Office, who shall serve a six-year term, have the title of Inspector General, and be subject to Senate confirmation. The Inspector General may not be removed from office during that term, except for good cause. The reasons for removal of the Inspector General shall be stated in writing and shall include the basis for removal. The writing shall be sent to the Secretary of the Senate and the Chief Clerk of the Assembly at the time of the removal and shall be deemed to be a public document.(c)The Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program, including, but not limited to, those activities described in Section 14461.(d)In order to achieve independence and objectivity pursuant to this section, the Independent Office of Audits and Investigation shall meet all of the following requirements:(1)The Inspector General shall report all audit and confidential investigation findings and recommendations made under the Inspector Generals jurisdiction to the Secretary of Transportation and the director and chief deputy director of the department on an ongoing and current basis.(2)The Inspector General shall report at least annually, or upon request, to the Governor, the Legislature, and the California Transportation Commission with a summary of the Inspector Generals investigation and audit findings and recommendations. The summary shall be posted on the offices internet website and shall otherwise be made available to the public upon its release to the Governor, commission, and Legislature. The summary shall include, but need not be limited to, significant problems discovered by the Inspector General and whether the Inspector Generals recommendations relative to audits and investigations have been implemented by the affected units and programs of the department or affected external entities. The report shall be submitted to the Legislature in compliance with Section 9795.(a)There is hereby created in the department the Independent Office of Audits and Investigations to ensure all of the following:
(1)The department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and federal requirements. Those external entities include, but are not limited to, private for profit for-profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.
(2)The departments programs are functioning consistent with applicable accounting standards and practices and are administered effectively, efficiently, and economically.
(3)The departments management is accomplishing departmental priorities, developing an annual audit plan, administering an effective enterprise risk management program, and is making efficient, effective, and financially responsible transportation decisions.
(4)The Secretary of Transportation, the Legislature, the California Transportation Commission, and the director and chief deputy director of the department are fully informed concerning fraud, improper activities, or other serious abuses or deficiencies relating to the expenditure of transportation funds or administration of department programs and operations.
(b)The Governor shall appoint the director of the Audits and Investigations Office, who shall serve a six-year term, have the title of Inspector General, and be subject to Senate confirmation. The Inspector General may not be removed from office during that term, except for good cause. The reasons for removal of the Inspector General shall be stated in writing and shall include the basis for removal. The writing shall be sent to the Secretary of the Senate and the Chief Clerk of the Assembly at the time of the removal and shall be deemed to be a public document.
(c)The Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program, including, but not limited to, those activities described in Section 14461.
(d)In order to achieve independence and objectivity pursuant to this section, the Independent Office of Audits and Investigation shall meet all of the following requirements:
(1)The Inspector General shall report all audit and confidential investigation findings and recommendations made under the Inspector Generals jurisdiction to the Secretary of Transportation and the director and chief deputy director of the department on an ongoing and current basis.
(2)The Inspector General shall report at least annually, or upon request, to the Governor, the Legislature, and the California Transportation Commission with a summary of the Inspector Generals investigation and audit findings and recommendations. The summary shall be posted on the offices internet website and shall otherwise be made available to the public upon its release to the Governor, commission, and Legislature. The summary shall include, but need not be limited to, significant problems discovered by the Inspector General and whether the Inspector Generals recommendations relative to audits and investigations have been implemented by the affected units and programs of the department or affected external entities. The report shall be submitted to the Legislature in compliance with Section 9795.
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Date
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Status
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|---|---|
| Jul 15, 2024 | Chaptered by Secretary of State - Chapter 102, Statutes of 2024. |
| Jul 15, 2024 | Approved by the Governor. |
| Jul 1, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Jun 24, 2024 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5986.). |
| Jun 13, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 15 pursuant to Assembly Rule 77. |
| Jun 13, 2024 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4491.). |
| Jun 11, 2024 | Read second time. Ordered to Consent Calendar. |
| Jun 10, 2024 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| May 29, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (May 28). Re-referred to Com. on APPR. |
| May 21, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. |
| May 15, 2024 | Referred to Com. on TRANS. |
| May 2, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 2, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5088.) |
| Apr 25, 2024 | Read second time. Ordered to Consent Calendar. |
| Apr 24, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 24). |
| Apr 9, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 8). Re-referred to Com. on APPR. |
| Apr 2, 2024 | Re-referred to Com. on TRANS. |
| Apr 1, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 26, 2024 | In committee: Hearing postponed by committee. |
| Mar 12, 2024 | Re-referred to Com. on TRANS. |
| Mar 11, 2024 | Referred to Com. on TRANS. |
| Mar 11, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Feb 9, 2024 | From printer. May be heard in committee March 10. |
| Feb 8, 2024 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jun 24, 2024 | AB 2261 Garcia Concurrence - Urgency Added | Assembly Floor |
Passed |
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| Jun 13, 2024 | Consent Calendar 2nd AB2261 Garcia Urgency Clause | Senate Floor |
Passed |
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| May 28, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
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| May 2, 2024 | AB 2261 Garcia Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Apr 24, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 8, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Twenty-Nine Palms Band Of Mission Indians | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2261
Author:(Garcia)
As Amended Ver:May 21, 2024
2/3 vote. Urgency
SUMMARY
Allows a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorizes the tribe to be the lead agency for a transportation project that receives federal funding, to the extent permitted by state and federal law.
Senate Amendments
- Establishes this measure is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.
- Establishes the facts constituting the necessity are: Twenty-Nine Palms Band of Mission Indians is embarking on a series of transportation improvement projects, including safety projects. Providing opportunity for federally recognized tribes to receive independent transportation funding is essential to the success of critical projects and will help ensure the timely delivery of transportation safety projects.
COMMENTS
A federally recognized Native American tribe (federally recognized tribe) is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.
Federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States.
California is home to more people of Native American/ Alaska Native heritage than any other state in the Country. There are currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioning for federal recognition through the Bureau of Indian Affairs-Office of Federal Acknowledgement (OFA).
State law vests the Department of Transportation (Caltrans) with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Acting on this charge, Caltrans awards federal and state monies to regional and local entities for the repair and maintenance of portions of the state highway system.
State law explicitly authorizes Caltrans to enter into contracts with federally recognized Indian tribes and entities owned by those tribes. However, state law is silent regarding whether a tribe may receive federal funding through Caltrans for a transportation project or from acting as a lead agency on a transportation project that receives such funding.
Federally recognized tribes are currently eligible direct recipients and sub-recipients for numerous Federal Transit Administration (FTA) programs. Eligible programs include; Tribal Transit Formula Program Tribal Transit Competitive Program Rural Areas Formula Program Bus and Bus Facilities Competitive Program Pilot program for innovative coordinated access and mobility Bus and Bus Facilities LoNo Program. Eligible uses for this funding include capital investment (e.g., start-ups, replacement, or expansion), operating expenses, and public transportation planning projects.
In 2021, President Biden signed the Bipartisan Infrastructure Law, which specifies tribal eligibility for various programs, including; rail infrastructure, electric vehicle charging, funding to increase safety, mobility, and access for Tribal communities and funding for planning, designing, engineering, replacing, improving, or constructing bridges on Tribal lands, among others.
This bill clarifies that federally recognized Native American tribes are eligible to receive federal funding, to the extent permitted by state and federal law.
California tribal consultation. California is home to 110 federally recognized tribes and approximately 80 non-recognized tribes. Both federally recognized and non-federally recognized tribes have distinct organizational structures and cultures. Federally recognized tribes have the right and authority to regulate activities on their respective lands. Non-federal tribal governments may, however, be consulted under state historic preservation law during environmental reviews of individual projects that have the potential to affect cultural resources of tribal significance within the state highway system (SHS). Of the 58 counties in the state, 32 have at least one federally recognized tribe within their boundaries. Of the 12 Caltrans districts, 10 have at least one federally recognized tribe within their boundaries. The SHS transects, abuts, or is near most tribal lands in California.
Federally recognized tribal tribes in California are eligible applicants for certain transportation programs and have received funds from the Active Transportation Program, the Highway Safety Improvement Program, and Caltrans' Planning Grants program.
The California State Transportation Agency (CalSTA) adopted an agency policy on tribal consultation in 2014 to guide CalSTA and its departments on strengthening and sustaining relationships between tribes and the state. Secretary Toks Omishakin is committed to establishing direct communication and positive relationships with California tribes on issues that affect the state and tribal communities.
Federally recognized tribes are independent sovereignties and, generally, are not subject to state law. Caltrans is granted broad authority to protect and maintain the SHS, consistent with state laws, policies and procedures. However, tribal projects with the potential to impact the SHS may be subject to state and federal laws, requirements, and/or standards for the portion of the project affecting the SHS. Increasingly, tribes are undertaking economic development and their requisite transportation requirements, both on and off tribal land.
This bill seeks to clarify any ambiguity related to federal recognized Native American tribes applying for federal funding independently, as state and federal laws allow.
According to the Author
"AB 2261 seeks to clarify that a federally recognized Native American Tribe is eligible to receive state and federal funding transportation funding as a local agency. AB 2261 ensures there in no statutory ambiguity when defining local agencies for the purposes of Native American Tribes being eligible recipients as well as local project managers.
Arguments in Support
The Twenty-nine Palms Band of Mission Indians writes, "Several tribes within the state of California have aging and dilapidated infrastructure…Under AB 2261, Tribal governments will be able to directly apply and receive funding under their own assigned local assistance code, which will empower tribes to address at-risk infrastructure."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Committee on Appropriations, this bill will have negligible state costs pursuant to Senate Rule 28.8.
VOTES:
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Berman, Juan Carrillo, Hart, Hoover, Jackson, Lowenthal, Papan, Sanchez, Ting, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta
ABS, ABST OR NV: Villapudua
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur
ABS, ABST OR NV: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas
SENATE FLOOR: 37-0-3
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil, Limón, Stern
UPDATED
VERSION: May 21, 2024
CONSULTANT: Julia Kingsley / TRANS. / (916) 319-2093 FN: 0003527
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2261 |
CONSENT
Bill No: AB 2261
Author: Garcia (D)
Amended: 5/21/24 in Senate
Vote: 27 - Urgency
SENATE TRANSPORTATION COMMITTEE: 12-0, 5/28/24
AYES: Cortese, Niello, Archuleta, Becker, Dodd, Gonzalez, Limón, Newman, Nguyen, Portantino, Seyarto, Umberg
NO VOTE RECORDED: Allen, Blakespear, Dahle
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/2/24 (Consent) - See last page for vote
SUBJECT: Transportation: federal funding: tribes
SOURCE: Author
DIGEST:
This bill allows a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorizes the tribe to be the lead agency for a transportation project that receives federal funding, to the extent permitted by state and federal law.
ANALYSIS:
Existing law:
- Establishes the California Department of Transportation (Caltrans) and provides that it has full possession and control of all state highways and property and rights in property acquired for state highway purposes, construct all state highways. (Streets and Highways Code (SHC) 90)
- Allows Caltrans to enter into contracts with federally recognized Indian tribes and entities owned by those tribes. (SHC 94)
This bill allows a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorizes the tribe to be the lead agency for a transportation project that receives federal funding, to the extent permitted by state and federal law.
Comments
- Author’s Statement. According to the author, “AB 2261 seeks to clarify that a federally recognized Native American Tribe is eligible to receive state and federal transportation funding as a local agency. AB 2261 ensures there in no statutory ambiguity when defining local agencies for the purposes of Native American Tribes being eligible recipients as well as local project managers.”
- The Problem. The Dillon Road Joint Powers Authority (DRJPA) was created by the City of Coachella, the Cabazon Band of Mission Indians and the Twenty-Nine Palms Band of Mission Indians. The DRJPA authorized the City of Coachella to apply for federal funding to widen Dillon Road between State Route 86 and Avenue 48, including the bridge over the Coachella Valley Stormwater Channel. The City successfully obtained $49 million in federal and local funding which covers the entire project cost. However, construction has been held up because of Caltrans concerns over fund distribution because the bridge is owned by the tribes. This bill is intended to resolve those concerns and allow construction to proceed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/10/24)
Coachella Valley Association of Governments
Twenty-nine Palms Band of Mission Indians
OPPOSITION: (Verified 6/10/24)
None received
ASSEMBLY FLOOR: 73-0, 5/2/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur
NO VOTE RECORDED: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas
Prepared by: Randy Chinn / TRANS. / (916) 651-4121
6/11/24 9:53:57
**** END ****
SENATE COMMITTEE ON TRANSPORTATION
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: AB 2261 Hearing Date: 5/28/2024
Author: | Garcia | ||
Version: | 5/21/2024 Amended | ||
Urgency: | Yes | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT: Transportation: federal funding: tribes
DIGEST: This bill allows a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorizes the tribe to be the lead agency for a transportation project that receives federal funding, to the extent permitted by state and federal law.
ANALYSIS:
Existing law:
- Establishes the California Department of Transportation (Caltrans) and provides that it has full possession and control of all state highways and property and rights in property acquired for state highway purposes, construct all state highways. (Streets and Highways Code (SHC) 90)
- Allows Caltrans to enter into contracts with federally recognized Indian tribes and entities owned by those tribes. (SHC 94)
This bill:
- Allows a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorizes the tribe to be the lead agency for a transportation project that receives federal funding, to the extent permitted by state and federal law.
COMMENTS:
- Author’s Statement. “AB 2261 seeks to clarify that a federally recognized Native American Tribe is eligible to receive state and federal transportation funding as a local agency. AB 2261 ensures there in no statutory ambiguity when defining local agencies for the purposes of Native American Tribes being eligible recipients as well as local project managers.”
- The Problem. The Dillon Road Joint Powers Authority (DRJPA) was created by the City of Coachella, the Cabazon Band of Mission Indians and the Twenty-Nine Palms Band of Mission Indians. The DRJPA authorized the City of Coachella to apply for federal funding to widen Dillon Road between State Route 86 and Avenue 48, including the bridge over the Coachella Valley Stormwater Channel. The City successfully obtained $49 million in federal and local funding which covers the entire project cost. However, construction has been held up because of Caltrans concerns over fund distribution because the bridge is owned by the tribes. This bill is intended to resolve those concerns and allow construction to proceed.
Related Legislation:
AB 630 (Ramos), Chapter 137, Statutes of 2023, removes requirements in existing law that limit the authority Department of Transportation to contract with federally recognized Indian tribes and entities they own.
SB 1189 (Chesbro), Chapter 274, Statutes of 2004, authorizes Caltrans to contract with federally recognized Indian tribes for the performance of specified transportation duties.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
May 22, 2024.)
SUPPORT:
Coachella Valley Association of Governments
Twenty-nine Palms Band of Mission Indians
OPPOSITION:
None Received
-- END --
Date of Hearing: April 24, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2261
Author:(Garcia) – As Amended Ver:April 1, 2024
Policy Committee: | Transportation | Vote: | 15 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires, to the extent permitted by federal and state law, a federally recognized Native American tribe be eligible for federal funding for a transportation project. The bill also allows such tribe be the lead agency for a transportation project that receives federal funding.
FISCAL EFFECT:
No direct state costs.
COMMENTS:
Background and Purpose. State law vests the Department of Transportation (Caltrans) with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Acting on this charge, Caltrans awards federal and state monies to regional and local entities for the repair and maintenance of portions of the state highway system.
State law explicitly authorizes Caltrans to enter into contracts with federally recognized Indian tribes and entities owned by those tribes. However, state law is silent regarding whether a tribe may receive federal funding through Caltrans for a transportation project or from acting as a lead agency on a transportation project that receives such funding.
The Twenty-nine Palms Band of Mission Indians is a federally recognized tribe in Southern California. The tribe has been interested in modifying or rehabilitating a portion of the state highway; however, the tribe contends state law has hindered its efforts. As the tribe describes it:
The Tribe has inherited a dilapidated bridge, “Dillon Road Bridge” on its Reservation and has been working closely with the City of Coachella (“City”) to identify funding for design and replacement. The City with the support of the Tribe was able to secure Highway Bridge Programs Caltrans local assistance funds but with the existing restrictions of local assistance funds to tribes, the City is administering the funds and project. Several tribes within the state of California have aging and dilapidated infrastructure that interconnects with neighboring municipalities, counties and State of California transportation systems. Under AB 2261, Tribal governments will be able to directly apply and receive funding under their own assigned local assistance code, which will empower tribes to address at-risk infrastructure.
According to the author, this bill “ensures there in no statutory ambiguity when defining local agencies for the purposes of Native American Tribes being eligible recipients as well as local project managers.”
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 8, 2024
ASSEMBLY COMMITTEE ON TRANSPORTATION
Lori D. Wilson, Chair
ABPCA Bill Id:AB 2261 (
Author:Garcia) – As Amended Ver:April 1, 2024
SUBJECT: Transportation: federal funding: tribes
SUMMARY: Allows a federally recognized Native American tribe to be eligible for federal funding for a transportation project and authorizes the tribe to be the lead agency for a transportation project that receives federal funding, to the extent permitted by state and federal law.
EXISTING LAW:
- Establishes the California Department of Transportation (Caltrans) and provides that it has full possession and control of all state highways and property and rights in property acquired for state highway purposes, construct all state highways. (Streets and Highways Code (SHC) 90)
- Allows Caltrans to enter into contracts with federally recognized Indian tribes and entities owned by those tribes. (SHC 94)
FISCAL EFFECT: Unknown
COMMENTS: A federally recognized Native American tribe (federally recognized tribe) is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.
Federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States.
California is home to more people of Native American/ Alaska Native heritage than any other state in the Country. There are currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioning for federal recognition through the Bureau of Indian Affairs-Office of Federal Acknowledgement (OFA). Tribes in California currently have nearly 100 separate reservations or Rancherias. There are also a number of individual Indian trust allotments. These lands constitute “Indian Country”, and a different jurisdictional applies in Indian Country.
Federally recognized tribes are currently eligible direct recipients and sub-recipients for numerous Federal Transit Administration (FTA) programs. Eligible programs include; Tribal Transit Formula Program Tribal Transit Competitive Program Rural Areas Formula Program Bus and Bus Facilities Competitive Program Pilot program for innovative coordinated access and mobility Bus and Bus Facilities LoNo Program. Eligible uses for this funding include capital investment (e.g., start-ups, replacement, or expansion), operating expenses, and public transportation planning projects.
In 2021, President Biden signed the Bipartisan Infrastructure Law, which specifies tribal eligibility for various programs, including; rail infrastructure, electric vehicle charging, funding to increase safety, mobility, and access for Tribal communities and funding for planning, designing, engineering, replacing, improving, or constructing bridges on Tribal lands, among others.
This bill clarifies that federally recognized Native American tribes are eligible to receive federal funding, to the extent permitted by state and federal law.
California tribal consultation. California is home to 110 federally recognized tribes and approximately 80 non-recognized tribes. Both federally recognized and non-federally recognized tribes have distinct organizational structures and cultures. Federally recognized tribes have the right and authority to regulate activities on their respective lands. Non-federal tribal governments may, however, be consulted under state historic preservation law during environmental reviews of individual projects that have the potential to affect cultural resources of tribal significance within the state highway system (SHS). Of the 58 counties in the state, 32 have at least one federally recognized tribe within their boundaries. Of the 12 Caltrans districts, 10 have at least one federally recognized tribe within their boundaries. The SHS transects, abuts, or is near most tribal lands in California.
Federally recognized tribal tribes in California are eligible applicants for certain transportation programs and have received funds from the Active Transportation Program, the Highway Safety Improvement Program, and Caltrans’ Planning Grants program.
The California State Transportation Agency (CalSTA) adopted an agency policy on tribal consultation in 2014 to guide CalSTA and its departments on strengthening and sustaining relationships between tribes and the state. Secretary Toks Omishakin is committed to establishing direct communication and positive relationships with California tribes on issues that affect the state and tribal communities.
Federally recognized tribes are independent sovereignties and, generally, are not subject to state law. Caltrans is granted broad authority to protect and maintain the SHS, consistent with state laws, policies and procedures. However, tribal projects with the potential to impact the SHS may be subject to state and federal laws, requirements, and/or standards for the portion of the project affecting the SHS. Increasingly, tribes are undertaking economic development and their requisite transportation requirements, both on and off tribal land.
The sponsors of this bill, 29 Palms Band of Mission Indians, have been working through the regional government in Coachella Valley to secure funding from the Federal Roads and Bridges program for protective measures on Dillon Road Bridge in Coachella. This bridge is narrow and features dangerous and unsafe railings, while being a popular thoroughfare. Caltrans and CalSTA have stated that they are aware of the project, and working proactively with local and tribal governments to resolve the issue.
This bill seeks to clarify any ambiguity related to federal recognized Native American tribes applying for federal funding independently, as state and federal laws allow.
According to the author, “AB 2261 seeks to clarify that a federally recognized Native American Tribe is eligible to receive state and federal funding transportation funding as a local agency. AB 2261 ensures there in no statutory ambiguity when defining local agencies for the purposes of Native American Tribes being eligible recipients as well as local project managers.”
In support, the Twenty-nine Palms Band of Mission Indians writes, “Several tribes within the state of California have aging and dilapidated infrastructure…Under AB 2261, Tribal governments will be able to directly apply and receive funding under their own assigned local assistance code, which will empower tribes to address at-risk infrastructure.”
Previous legislation. AB 630 (Ramos), Chapter 137, Statutes of 2023 removes requirements in existing law that limit the authority Department of Transportation to contract with federally recognized Indian tribes and entities they own.
SB 1189 (Chesbro), Chapter 274, Statutes of 2004 authorizes Caltrans to contract with federally recognized Indian tribes for the performance of specified transportation duties.
REGISTERED SUPPORT / OPPOSITION:
Support
Twenty-Nine Palms Band of Mission Indians
Opposition
None on file
Analysis Prepared by: Julia Kingsley / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):