Existing law, the Farmer Equity Act of 2017, requires the Department of Food and Agriculture to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified.

This bill would authorize the Secretary of Food and Agriculture to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee, for the purpose of advising the secretary and the department with respect to their responsibilities under the Farmer Equity Act of 2017. The bill would authorize the advisory committees to advise the secretary and the department on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged farmers or ranchers in California. The bill would require the members of the advisory committees to be small-scale or medium-scale socially disadvantaged farmers or ranchers, as provided.

Existing law, the Farmer Equity Act of 2017, requires the Department of Food and Agriculture to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified.

This bill would authorize the Secretary of Food and Agriculture to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee, for the purpose of advising the secretary and the department with respect to their responsibilities under the Farmer Equity Act of 2017. The bill would authorize the advisory committees to advise the secretary and the department on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged farmers or ranchers in California. The bill would require the members of the advisory committees to be small-scale or medium-scale socially disadvantaged farmers or ranchers, as provided.

Existing law, the Farmer Equity Act of 2017, requires the Department of Food and Agriculture to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified.

This bill would authorize the Secretary of Food and Agriculture to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee, for the purpose of advising the secretary and the department with respect to their responsibilities under the Farmer Equity Act of 2017. The bill would authorize the advisory committees to advise the secretary and the department on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged producers farmers or ranchers in California. The bill would require the members of the advisory committees to be small-scale or medium-scale socially disadvantaged farmers or ranchers, as provided.

(1)Existing law finds and declares it to be the public policy and in the public interest of California to encourage the voluntary conveyance of conservation easements to qualified nonprofit organizations. Existing law defines the term conservation easement for these purposes, and authorizes certain entities and organizations to acquire and hold conservation easements, including a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission, to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed.

This bill would instead authorize a California Native American tribe that is on the above-described contact list, to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, to acquire and hold conservation easements, if the conservation easement is voluntarily conveyed or otherwise conveyed pursuant to the California Environmental Quality Act.

(2)Existing law establishes the Office of Land Use and Climate Innovation to serve the Governor and the Governors cabinet as staff for long-range planning and research and to constitute as the comprehensive state planning agency. Existing law requires the office to, among other things, encourage the formation and proper functioning of, and provide planning assistance to, city, county, district, and regional planning agencies. In connection with these responsibilities, existing law requires the office to develop and adopt guidelines for the preparation of and the content of the mandatory elements required in city and county general plans, as prescribed. By March 1, 2005, existing law requires the guidelines to contain advice, developed in consultation with the Native American Heritage Commission, for consulting with California Native American tribes, as specified.

This bill would instead require, by March 1, 2026, the guidelines to contain advice, developed in consultation with California Native American tribes that are on the contact list administered and maintained by the Native American Heritage Commission, commission, as described, and the Native American Heritage Commission, commission, for consulting with and obtaining tribal information and knowledge from California Native American tribes, as specified. The bill would make related conforming changes.

(3)Existing law, the The Planning and Zoning Law and the Subdivision Map Act, requires Act require local governments to hold public hearings regarding various land use actions contemplated by those governments and provide notice of those public hearings, as specified. Existing law requires specified notices to be mailed or delivered at least 10 days prior to before the hearing to any person who has filed a written request for notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests. Existing law defines a person to include a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. commission.

This bill would instead require notice to be given, as described above, to any California Native American tribe that is on the contact list administered and maintained by the Native American Heritage Commission, commission, as specified, that has filed a written request, as described above.

(4)Existing law, the The Planning and Zoning Law, Law requires a city, county, or city and county to prepare a general plan for its jurisdiction that contains certain mandatory elements and requires the local planning agency to provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups through public hearings and other appropriate means during the preparation or amendment of a general plan. Existing law also requires a city or county, prior to before the adoption or any amendment of a general plan, to conduct consultations with California Native American tribes, as specified, for the purpose of preserving or mitigating impacts to places, features, and objects, as described, that are located within the citys or countys jurisdiction. Existing law defines consultation for these purposes and requires, among other things, the consultation between governmental agencies and Native American tribes to be conducted in a way that is mutually respectful of each partys sovereignty.

This bill would revise the definition of consultation to mean, among other things, a formal 2-way government-to-government process and dialogue between governmental agencies and federally recognized Native American tribes and would require the consultation to be conducted in a way that is mutually respectful of each partys sovereignty, with deference to federally recognized tribes expertise, tribal knowledge, and information concerning resources to which they are culturally affiliated. the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values. The bill would require tribal consultation for specified purposes, including to identify and determine tribal resources, places, features, and objects, as described. The bill would authorize impose specific requirements when there are tribal consultations with federally recognized and nonfederally recognized California Native American tribes, including, among others, that a California Native American tribal group tribe that is not federally recognized and is on the contact list administered and maintained by the Native American Heritage Commission, commission, as specified, has the right to participate in the review process related to a consultation, as provided. The bill would recast certain provisions and make related conforming changes for these purposes. By imposing additional duties on local governmental agencies, the bill would impose a state-mandated local program.

(5)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA requires a lead agency, before releasing an environmental review document for a project, to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, as provided. CEQA authorizes the parties, as a part of the consultation, to propose mitigation measures capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. CEQA requires public agencies, when feasible, to avoid damaging effects to tribal cultural resources and specifies mitigation measures that should be considered to avoid or minimize significant adverse impacts on tribal cultural resources. CEQA specifies that the consultation is considered to be concluded if the parties agree to the mitigation measures or if a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. CEQA authorizes the lead agency to certify the EIR or adopt a negative declaration or mitigation negative declaration for a project with a significant impact on an identified tribal cultural resource if the consultation process with a California Native American tribe has concluded or if the California Native American tribe fails to provide comments to the lead agency or otherwise fails to engage in the consultation process.

This bill would revise and recast provisions related to the consultation process between the lead agency and California Native American tribes to, among other things, specify that the purpose of the consultation process is for the identification and determination of to identify and determine tribal cultural resources and identification of identify mitigation measures, among other purposes. The bill would require the lead agency or local government to invite culturally affiliated nonfederally recognized California Native American tribes to participate in processes required under CEQA. The bill would specify that the duration of the consultation is from the point in time when the California Native American tribe requests the consultation to the completion of the implementation of the mitigation measures for the project. The bill would specify that the first step of the consultation is considered completed if the parties agree to the mitigation measure or a party, in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. The bill would authorize a lead agency to certify an EIR or adopt a negative declaration or mitigated negative declaration for the project if the first step of the consultation is completed. The bill would revise and recast mitigation measures that a public agency should take to avoid or minimize the significant adverse impacts on tribal cultural resources if the consultation process fails to result in agree-upon mitigation measures, as provided. By imposing additional duties on local agencies and local governments in their implementation of CEQA, this the bill would impose a state-mandated local program.

(6)Existing law establishes the Native American Heritage Commission and requires the commission to perform various duties related to Native American matters, including the identification and the cataloging of places of special religious or social significance to Native Americans, and known graves and cemeteries of known Native Americans on private properties. Existing law defines California Native American tribe to be a federally recognized or a nonfederally recognized Native American tribe in California that is on the contact list maintained by the commission. Existing law requires state and local agencies to cooperate with the commission in carrying out the commissions duties, including transmitting, at the commissions expense, copies of appropriate sections of all EIRs of projects relating to property identified by the commission as of special religious significance to Native Americans or that is reasonably foreseeable to be that type of property.

This bill would require the commission to prepare and maintain a verified inventory of Native American sacred places, to be known as the California Sacred Lands File, on public and private lands. The bill would require the commission to administer and maintain the contact list of California Native American tribes and would require the contact list to include delineation of lands and geographic areas that are culturally affiliated with California Native American tribes. The bill would instead specify the cooperation provided by state or local agencies includes transmitting copies, electronic or physical, of certain information related to projects relating to property identified by the commission as of special religious significance or that is reasonably foreseeable to be that type of property property, and would require state and local agencies to appear at commission meetings when a matter within their authority is on the commissions agenda. By imposing additional duties on local agencies, this the bill would impose a state-mandated local program.

Existing law prohibits a public agency or private party using or occupying public property or operating on public property from interfering with the free expression or exercise of Native American religion or causing severe or irreparable damage to Native American sanctified cemeteries, places of worship, religious or ceremonial sites, or sacred shrines located on public property, except as provided. Existing law, upon the discovery of Native American human remains, imposes certain requirements on the landowner. Existing law exempts public properties of all cities, counties, and cities and counties located within the limits of the city, county, and city and county from the above prohibition and requirements, except for parklands in excess of 100 acres.

This bill would repeal the exemption for public properties of cities, counties, and cities and counties. The bill would, upon the discovery of multiple Native American human remains during ground-disturbing land development activities, prohibit the disturbance, impairment, or harm to the location of the discovery. The bill would require the landowner to engage in conferral with the most likely descendant to include culturally appropriate treatment of those human remains, as provided. For discovery occurring during activities related to projects that are subject to CEQA, the bill would require the project to contain an open-space preservation area with an appropriate buffer for the preservation in place and protection of those human remains and the burial area site. The bill would require the landowner to take certain actions to protect the site.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

This bill would make a nonsubstantive change to that provision.

 THIRD READING  

Bill No: AB 52

Author: Aguiar-Curry (D)

Amended: 1/8/26 in Assembly

Vote: 21

SENATE AGRICULTURE COMMITTEE: 4-0, 6/16/26

AYES: Caballero, Alvarado-Gil, McNerney, Padilla

NO VOTE RECORDED: Ashby

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 63-7, 1/26/26 - See last page for vote

SUBJECT: Farmer equity: advisory committees

SOURCE: Author

DIGEST:

This bill authorizes the secretary of the California Department of Food and Agriculture (CDFA) to establish the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee for the purpose of advising the secretary and the department on the responsibilities of the secretary and the department under the Farmer Equity Act of 2017.

ANALYSIS: Existing federal law:

1. States the Secretary of Agriculture shall carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers and ranchers in owning and operating farms and ranches and in participating equitably in the full range of agricultural programs offered by the United States Department of Agriculture (USDA).
2. States the outreach and technical assistance program under paragraph (1) shall:
   1. Enhance coordination of the outreach, technical assistance, and education efforts authorized under various agriculture programs; and
   2. Include information on, and assistance with:
      1. Commodity, conservation, credit, rural, and business development programs;
      2. Application and bidding procedures;
      3. Farm and risk management;
      4. Marketing; and
      5. Other activities essential to participation in agricultural and other programs of the Department.
3. Defines “socially disadvantaged farmer or rancher” as:
   1. Socially disadvantaged farmer or rancher is a famer or rancher who is a member of a socially disadvantaged group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Socially disadvantaged groups include the following:
      1. American Indians or Alaskan Natives
      2. Asians or Asian-Americans
      3. Blacks or African Americans
      4. Native Hawaiians or other Pacific islanders
      5. Hispanics
4. Defines a “limited resource farmer or rancher” as a producer who is both:
   1. A producer whose direct or indirect gross farm sales do not exceed $100,000 in both of the two calendar years that precede the calendar year that corresponds to the relevant program year, adjusted upwards for any general inflation since fiscal year 2004., inflation as measured using the Priced Paid by Farmer Index, compiled by the National Agricultural Statistics Service (NASS), and
   2. A producer whose total household income is at or below the national poverty level for a family of four, or less than 50 percent of the county median household income for the same two calendar years referenced in paragraph (b)(2)(i) of this section, as determined annually using Commerce Department data.
5. Defines “beginning farmer or rancher” to mean a person that:
   1. Has not operated a farm or ranch
   2. Has operated a farm or ranch for not more than 10 years
   3. Meets other criteria established by the Secretary.

Existing state law:

1. Establishes the Farmer Equity Act of 2017 which requires the California Department of Food and Agriculture (CDFA) to support socially disadvantaged farmers and ranchers and include this support in the department’s vision and its relevant policies.
2. Defines “socially disadvantaged farmer or rancher” to mean a farmer or rancher who is a member of a socially disadvantaged group.
3. Defines “socially disadvantaged group” to mean a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following:
   1. African Americans
   2. Native Indians
   3. Alaskan Natives
   4. Hispanics
   5. Asian Americans
   6. Native Hawaiians and Pacific Islanders

This bill:

1. Adds Section 513.5 of the Food and Agricultural Code to allow the secretary of CDFA to establish two advisory committees, which shall be known as the BIPOC Producer Advisory Committee and the Small-Scale Producer Advisory Committee for the purpose of advising the secretary and the department on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged farmers and ranchers in California.
2. States the members of the advisory committees shall be small-scale or medium-scale socially disadvantaged farmers or ranchers.
3. States all members of the advisory committees, while on official business, shall be reimbursed for actual and necessary travel expenses incurred in the performance of their duties.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/30/26)

Breast Cancer Prevention Partners
California Farmer Justice Collaborative
California Food and Farming Network
Californians for Pesticide Reform
Carbon Cycle Institute
Center for Environmental Health
Ceres Community Project
Community Alliance With Family Farmers (1146217)
Crop Swap LA
Cultural Roots Nursery
Educate to Invigorate
Families Advocating for Chemical and Toxics Safety
Farm2people
Fresh Approach
Los Angeles Food Policy Council
Organización En California De Líderes Campesinas, INC.
Pesticide Action and Agroecology Network
Resource Renewal Institute
Roots of Change
San Diego Food System Alliance
Sierra Harvest

OPPOSITION: (Verified 6/30/26)

None received

ARGUMENTS IN SUPPORT: According to the author:

“In 2017, I authored the Farmer Equity Act, which defined “socially disadvantaged farmers and ranchers,” and required that CDFA include them in the development, adoption, implementation, and enforcement of its programs and policies. Since its implementation, the CA Black, Indigenous, and People of Color and Small-Scale Producer Advisory Committees have been essential to fulfilling the intent of the Farmer Equity Act, but they were created administratively and are not established in statute. Without a clear authority, these committees are vulnerable to shifting priorities or administrative changes, putting the continued inclusion of socially disadvantaged armers and ranchers in CDFA decision-making at risk. This bill will codify these advisory committees, ensuring that the voices of socially disadvantaged farmers and ranchers continue to be heard in the development and implementation of the department’s policies and programs.”

ASSEMBLY FLOOR: 63-7, 1/26/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Davies, Dixon, Elhawary, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NOES: DeMaio, Ellis, Johnson, Macedo, Patterson, Sanchez, Tangipa

NO VOTE RECORDED: Arambula, Castillo, Chen, Gallagher, Hadwick, Hoover, Lackey, Papan, Celeste Rodriguez, Ta

Prepared by: Reichel Everhart / AGRI. / (916) 651-1508

7/1/26 16:54:52

**** END ****

SENATE COMMITTEE ON AGRICULTURE

Senator Anna Caballero, Chair

2025 - 2026 Regular

Bill No: AB 52 Hearing Date: 6/16/26

Subject: Farmer equity: advisory committees

SUMMARY

:

This bill authorizes the secretary of the California Department of Food and Agriculture (CDFA) to establish the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee for the purpose of advising the secretary and the department on the responsibilities of the secretary and the department under the Farmer Equity Act of 2017.

BACKGROUND AND EXISTING LAW

:

Existing federal law:

1. States the Secretary of Agriculture shall carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers and ranchers in owning and operating farms and ranches and in participating equitably in the full range of agricultural programs offered by the United States Department of Agriculture (USDA).
2. States the outreach and technical assistance program under paragraph (1) shall:
   1. Enhance coordination of the outreach, technical assistance, and education efforts authorized under various agriculture programs; and
   2. Include information on, and assistance with:
      1. Commodity, conservation, credit, rural, and business development programs;
      2. Application and bidding procedures;
      3. Farm and risk management;
      4. Marketing; and
      5. Other activities essential to participation in agricultural and other programs of the Department^[1]
3. Defines “socially disadvantaged farmer or rancher” as:
   1. Socially disadvantaged farmer or rancher is a famer or rancher who is a member of a socially disadvantaged group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Socially disadvantaged groups include the following:
      1. American Indians or Alaskan Natives
      2. Asians or Asian-Americans
      3. Blacks or African Americans
      4. Native Hawaiians or other Pacific islanders
      5. Hispanics
4. Defines a “limited resource farmer or rancher” as a producer who is both:
   1. A producer whose direct or indirect gross farm sales do not exceed $100,000 in both of the two calendar years that precede the calendar year that corresponds to the relevant program year, adjusted upwards for any general inflation since fiscal year 2004., inflation as measured using the Priced Paid by Farmer Index, compiled by the National Agricultural Statistics Service (NASS), and
   2. A producer whose total household income is at or below the national poverty level for a family of four, or less than 50 percent of the county median household income for the same two calendar years referenced in paragraph (b)(2)(i) of this section, as determined annually using Commerce Department data.
5. Defines “beginning farmer or rancher” to mean a person that:
   1. Has not operated a farm or ranch
   2. Has operated a farm or ranch for not more than 10 years
   3. Meets other criteria established by the Secretary^[2].

Existing state law:

1. Establishes the Farmer Equity Act of 2017 which requires the California Department of Food and Agriculture (CDFA) to support socially disadvantaged farmers and ranchers and include this support in the department’s vision and its relevant policies^[3].
2. Defines “socially disadvantaged farmer or rancher” to mean a farmer or rancher who is a member of a socially disadvantaged group.
3. Defines “socially disadvantaged group” to mean a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following:
   1. African Americans
   2. Native Indians
   3. Alaskan Natives
   4. Hispanics
   5. Asian Americans
   6. Native Hawaiians and Pacific Islanders^[4]

PROPOSED LAW

:

This bill:

1. Adds Section 513.5 of the Food and Agricultural Code to allow the secretary of CDFA to establish two advisory committees, which shall be known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee for the purpose of advising the secretary and the department on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged farmers and ranchers in California.
2. States the members of the advisory committees shall be small-scale or medium-scale socially disadvantaged farmers or ranchers.
3. States all members of the advisory committees, while on official business, shall be reimbursed for actual and necessary travel expenses incurred in the performance of their duties.

ARGUMENTS IN SUPPORT: According to the author:

“In 2017, I authored the Farmer Equity Act, which defined “socially disadvantaged farmers and ranchers,” and required that CDFA include them in the development, adoption, implementation, and enforcement of its programs and policies. Since its implementation, the CA Black, Indigenous, and People of Color and Small-Scale Producer Advisory Committees have been essential to fulfilling the intent of the Farmer Equity Act, but they were created administratively and are not established in statute. Without a clear authority, these committees are vulnerable to shifting priorities or administrative changes, putting the continued inclusion of socially disadvantaged armers and ranchers in CDFA decision-making at risk. This bill will codify these advisory committees, ensuring that the voices of socially disadvantaged farmers and ranchers continue to be heard in the development and implementation of the department’s policies and programs.”

ARGUMENTS IN OPPOSITION:

None received.

COMMENTS

:

The Farmer Equity Act of 2017 was signed into law to ensure the inclusion of socially disadvantaged farmers and ranchers, including socially disadvantaged farmers and ranchers in urbanized areas, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, policies, and programs. Among other things, the Act provides a definition of a socially disadvantaged farmer or rancher, which mirrors what is in the United States Code.

By relying on definitions like “socially disadvantaged farmer,” "beginning farmer," or "limited resource farmer" as is set by federal regulations, the state can provide information and aid to underserved groups without creating a state-sanctioned preference-based on race or gender.

RELATED LEGISLATION

:

AB 1348 (Chapter 620, Statutes of 2017): Established the Farmer Equity Act of 2017 which requires the California Department of Food and Agriculture (CDFA) to ensure the inclusion of socially disadvantaged farmers and ranchers (SDF) in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

PRIOR ACTIONS

:

SUPPORT

:

Breast Cancer Prevention Partners
California Farmer Justice Collaborative
California Food and Farming Network
Californians for Pesticide Reform
Carbon Cycle Institute
Center for Environmental Health
Ceres Community Project
Community Alliance With Family Farmers (1146217)
Crop Swap LA
Cultural Roots Nursery
Educate to Invigorate
Families Advocating for Chemical and Toxics Safety
Farm2people
Fresh Approach
Los Angeles Food Policy Council
Organización En California De Líderes Campesinas, INC.
Pesticide Action and Agroecology Network
Resource Renewal Institute
Roots of Change
San Diego Food System Alliance
Sierra Harvest

OPPOSITION

:

None received

-- END --

1. 7 USC 2279: Outreach and assistance for socially disadvantaged farmers and ranchers ↑

2. 7 CFR Section 760.107 ↑

3. FAC Section 511 ↑

4. FAC 512 ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 52

Author:(Aguiar-Curry)

As Amended Ver:January 8, 2026

Majority vote

SUMMARY

This bill would authorize the Secretary of Department of Food and Agriculture (CDFA) to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer (SSP) Advisory Committee, for the purpose of advising the secretary and CDFA with respect to their responsibilities under the Farmer Equity Act of 2017.

Major Provisions

1. Would authorize the Secretary of CDFA to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer (SSP) Advisory Committee, for the purpose of advising the secretary and CDFA with respect to their responsibilities under the Farmer Equity Act of 2017.
2. Would authorize the advisory committees to advise the secretary on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged farmers and ranchers (SDFRs) in California.
3. Would require the members of the advisory committees to be small-scale or medium-scale SDFR, as provided.

COMMENTS

Within CDFA, there is a BIPOC Producer Advisory Committee and a SSP Advisory. The California BIPOC Producer Advisory Committee's purpose is to advise the Secretary on matters pertaining to the implementation of the Farmer Equity Act, and recommendations contained within the Farmer Equity Report, including all efforts to ensure socially disadvantaged producers and ranchers are better served through CDFA's programs, policies, and communications.

The California SSP Advisory Committee advises the Secretary and State Board on matters pertaining to small-scale and medium scale producers in California and programs, research, technology, workforce development practices and equity issues that will ensure a platform for small-scale producers to advise on CDFA programs, resources, technical assistance, and communication.

According to the Author

The author states the Farmer Equity Act of 2017 requires CDFA to consult with these committees and they have become an important part of implementing the Farmer Equity Act, but are not established in statute, meaning they could be dissolved if there were any changes in administration. AB 52 seeks to establish these committees in statute so that they can continue to advise CDFA based on their needs and lived experiences.

Arguments in Support

Supporters state AB 52 is critical to ensure equitable inclusion of diverse farmers as it puts these two committees in statute, confirming their importance and making them less susceptible to removal. Inclusive and representative policy processes lead to stronger and more effective programs. Ensuring that farmers from a range of backgrounds and operation sizes have access to the shaping of priorities creates more equitable and transparent governance.

Arguments in Opposition

None on file.

FISCAL COMMENTS

1. CDFA estimates its annual cost to reimburse advisory committee members for travel expenses to be approximately $10,000 (General Fund). CDFA notes that advisory committee members were historically reimbursed for their travel expenses. However, due to recent budget cuts, the department eliminated most of its travel funds available for committee expenses – and both committees have been meeting primarily virtually as a result.

2) Ongoing cost pressure, in the tens of thousands of dollars but potentially in excess of $150,000 annually (General Fund), in staffing costs to facilitate the work of the advisory committees. To date, CDFA's Farm Equity Advisor (see background for more information) and one analyst dedicate a portion of their time to support both committees.

As part of the Governor's proposed budget for the 2026-27 fiscal year, CDFA is requesting approximately $25 million ongoing (General Fund) for 10 permanent positions for the California Farm to School Incubator Grant Program. One of these positions is a small farm business and regulatory liaison, who, among other responsibilities, will co-facilitate the small-scale producer advisory committee, as well as be the point of contact for issues pertaining to small-scale farming and ranching operations in the state.

Regardless, because the primary purpose of the bill is to establish an advisory committee, the bill is a candidate for the committee's suspense file, consistent with the committee's rules.

VOTES

ASM AGRICULTURE: 7-0-1

YES: Soria, Alanis, Aguiar-Curry, Connolly, Jeff Gonzalez, Irwin, Ransom

ABS, ABST OR NV: Hadwick

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Stefani, Calderon, Caloza, Fong, Mark González, Krell, Bauer-Kahan, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Hoover, Dixon, Ta, Tangipa

UPDATED

VERSION: January 8, 2026

CONSULTANT: Nicole Willis / AGRI. / (916) 319-2084 FN: 0002220

Date of Hearing: January 22, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 52

Author:(Aguiar-Curry) – As Amended Ver:January 8, 2026

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the California Department of Food and Agriculture (CDFA) to establish the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee.

Specifically, this bill, among other things:

1) Authorizes the secretary of CDFA to establish the BIPOC Producer Advisory Committee and a Small-Scale Producer Advisory Committee to advise the secretary and CDFA with respect to their responsibilities under the Farmer Equity Act of 2017.

2) Authorizes the advisory committees to advise the secretary on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged producers in California.

3) Provides that the members of the advisory committees shall be small-scale or medium-scale socially disadvantaged farmers or ranchers.

4) Provides that all members of the advisory committees shall be reimbursed for actual and necessary travel expenses incurred in the performance of their duties while on official business of the advisory committees.

5) Provides that the meetings of the advisory committees shall be open and public in accordance with the Bagley-Keene Open Meeting Act, as specified.

FISCAL EFFECT:

1) CDFA estimates its annual cost to reimburse advisory committee members for travel expenses to be approximately $10,000 (General Fund). CDFA notes that advisory committee members were historically reimbursed for their travel expenses. However, due to recent budget cuts, the department eliminated most of its travel funds available for committee expenses – and both committees have been meeting primarily virtually as a result.

2) Ongoing cost pressure, in the tens of thousands of dollars but potentially in excess of $150,000 annually (General Fund), in staffing costs to facilitate the work of the advisory committees. To date, CDFA’s Farm Equity Advisor (see background for more information) and one analyst dedicate a portion of their time to support both committees.

As part of the Governor’s proposed budget for the 2026-27 fiscal year, CDFA is requesting approximately $25 million ongoing (General Fund) for 10 permanent positions for the California Farm to School Incubator Grant Program. One of these positions is a small farm business and regulatory liaison, who, among other responsibilities, will co-facilitate the small-scale producer advisory committee, as well as be the point of contact for issues pertaining to small-scale farming and ranching operations in the state.

Regardless, because the primary purpose of the bill is to establish an advisory committee, the bill is a candidate for the committee’s suspense file, consistent with the committee’s rules.

COMMENTS:

1) Purpose. According to the author:

In 2017, I authored the Farmer Equity Act to ensure that socially disadvantaged farmers and ranchers were included in the development and enforcement of food and agricultural policy that affects them. The California BIPOC Producer and Small-Scale Producer Advisory Committees have been key to the implementation of this bill by providing a forum for socially disadvantaged farmers and ranchers to offer feedback on CDFA’s programs and policies. This bill formally codifies these committees to ensure these voices continue to be heard.

2) Background. AB 1348 (Aguiar-Curry), Chapter 620, Statutes of 2017, established the Farmer Equity Act of 2017. AB 1348, among other things, requires CDFA to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, policies, and programs. The legislation also established a position within CDFA’s executive office to support this work; accordingly, CDFA hired a Farm Equity Advisor in 2018. AB 149 (Committee on Budget), Chapter 106, Statutes of 2025, required CDFA, in consultation with the BIPOC Producer Advisory Committee and the Small-Scale Producer Advisory Committee, to establish the Regional Farmer Equipment and Cooperative Resources Assistance Pilot Program. While CDFA has established both committees, the author’s office contends the committees are not officially established in statute, “meaning they could be dissolved if there were any changes in administration.” This bill seeks to establish the committees in statute “so that they can continue to advise CDFA based on their needs and lived experiences.”

According to CDFA, the BIPOC Producer Advisory Committee is comprised of 12 self-identified BIPOC individuals (based on specified criteria) and meets on a quarterly basis in accordance with the Bagley Keene Act for Open Meetings. The Small-Scale Producer Advisory Committee is comprised of 10 members (based on specified criteria) and meets on a quarterly basis. Current members serve four-year terms.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: January 14, 2026

ASSEMBLY COMMITTEE ON AGRICULTURE

Esmeralda Soria, Chair

ABPCA Bill Id:AB 52

Author:(Aguiar-Curry) – As Amended Ver:January 8, 2026

SUBJECT: Farmer equity: advisory committees

SUMMARY: This bill would authorize the Secretary of Department of Food and Agriculture (CDFA) to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer (SSP) Advisory Committee, for the purpose of advising the secretary and CDFA with respect to their responsibilities under the Farmer Equity Act of 2017. Specifically, this bill:

1. Would authorize the Secretary of CDFA to establish 2 advisory committees, known as the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer (SSP) Advisory Committee, for the purpose of advising the secretary and CDFA with respect to their responsibilities under the Farmer Equity Act of 2017.
2. Would authorize the advisory committees to advise the secretary on programs, policies, education, outreach, technical assistance, and general needs for small-scale producers, medium-scale producers, and socially disadvantaged farmers and ranchers (SDFRs) in California.
3. Would require the members of the advisory committees to be small-scale or medium-scale SDFR, as provided.

EXISTING LAW: The Farmer Equity Act of 2017, requires CDFA to ensure the inclusion of socially disadvantaged SDFRs, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified.

FISCAL EFFECT: Unknown

COMMENTS: Within CDFA, there is a BIPOC Producer Advisory Committee and a SSP Advisory. The California BIPOC Producer Advisory Committee’s purpose is to advise the Secretary on matters pertaining to the implementation of the Farmer Equity Act, and recommendations contained within the Farmer Equity Report, including all efforts to ensure socially disadvantaged producers and ranchers are better served through CDFA's programs, policies, and communications.

The California SSP Advisory Committee advises the Secretary and State Board on matters pertaining to small-scale and medium scale producers in California and programs, research, technology, workforce development practices and equity issues that will ensure a platform for small-scale producers to advise on CDFA programs, resources, technical assistance, and communication.

The author states the Farmer Equity Act of 2017 requires CDFA to consult with these committees and they have become an important part of implementing the Farmer Equity Act, but are not established in statute, meaning they could be dissolved if there were any changes in administration. AB 52 seeks to establish these committees in statute so that they can continue to advise CDFA based on their needs and lived experiences.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084

Date of Hearing: April 28, 2025

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 52 (

Author:Aguiar-Curry) – As Amended Ver:April 21, 2025

SUBJECT: Native American resources

SUMMARY: Establishes specified processes for consultation with federally recognized tribes and non-federally recognized tribes under specified state laws that require consultation with California Native American tribes.

EXISTING LAW:

1. Requires the Office of Federal Acknowledgment (OFA) within the Office of the Assistant Secretary Indian Affairs of the Department of the Interior to implement the Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. (25 Code of Federal Regulations Part 83)
2. Identifies California Native American tribes as those tribes located in California that are on the contact list maintained by the Native American Heritage Commission (Commission) for the purposes of SB 18 (Burton), Chapter 905, Statutes of 2004. (Public Resources Code (PRC) 21073)
3. Encourages and authorizes all state agencies, as defined, to cooperate with federally recognized California Indian Tribes on matters of economic development and improvement for the tribes. (Government Code (GC) 11019.8 (a))
4. Provides that 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.
5. Establishes the Commission and the powers and duties of the Commission, and requires, among other things, the Commission to provide each California Native American tribe with a list of all public agencies that may be a lead agency pursuant to the California Environmental Quality Act (CEQA) within the geographic area with which the tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the tribe may request the public agency to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation. (PRC 5097.91 and 5094.94 (m))
6. Provides that only the following entities or organizations may acquire and hold conservation easements: a tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Service Code; the state or any city, county, city and county, district, or other state or local governmental entity; or, a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Commission. (Civil Code 815.3)

Pursuant to the Planning and Zoning Law (GC 65000 et seq.):

1. Requires the Office of Land Use and Climate Innovation (Office) to develop and adopt guidelines for the preparation of and the content of the mandatory elements required in city and county general plans. Requires the guidelines to contain advice, developed in consultation with the Commission, for consulting with California Native American tribes for all of the following:
   1. The preservation of, or the mitigation of impacts to, places, features, and objects;
   2. Procedures for identifying through the Commission the appropriate California Native American tribes;
   3. Procedures for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects; and,
   4. Procedures to facilitate voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those places, features, and objects. (GC 65040.2)
2. Includes in the definition of “person” a California Native American tribe that is on the contact list maintained by the Commission. (GC 65092)
3. Requires, during the preparation or amendment of the general plan, the planning agency to provide opportunities for the involvement of citizens, California Native American Indian tribes,  public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate. (GC 65351)
4. Requires, prior to the adoption or any amendment of a city’s or county’s general plan, proposed on or after March 1, 2005, the city or county to conduct consultations with California Native American tribes that are on the contact list maintained by Commission, for the purpose of preserving or mitigating impacts to places, features, and objects that are located within the city’s or county’s jurisdiction. Provides 90 days from the date on which a California Native American tribe is contacted by a city or county to request a consultation, unless a shorter timeframe has been agreed to by that tribe. (GC 65352.3)
5. Defines “consultation” as the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural significance. (GC 65352.4)
6. Requires, if land is designated, or proposed to be designated as open space, contains a place, feature, or object, the city or county in which the place, feature, or object is located to conduct consultations with the California Native American tribe, if any, that has given notice for the purpose of determining the level of confidentiality required to protect the specific identity, location, character, or use of the place, feature, or object and for the purpose of developing treatment with appropriate dignity of the place, feature, or object in any corresponding management plan. (GC 65562.5)

Pursuant to Native American Historical, Cultural, and Sacred Sites (PRC 5097.9 - 5097.991)

1. Provides that this chapter of law shall not be construed to limit the requirements of CEQA. (PRC 5097.9)
2. Provides the Commission with the powers and duty to identify and catalog places of special religious or social significance to Native Americans, and known graves and cemeteries of Native Americans on private lands. (PRC 5097.94)
3. Requires each state and local agency to cooperate with the Commission in carrying out its duties. Such cooperation shall include, but is not limited to, transmitting copies, at the Commission’s expense, of appropriate sections of all environmental impact reports relating to property identified by the commission as of special religious significance to Native Americans or which  is reasonably foreseeable as such property. (PRC 5097.95)
4. Authorizes the Commission to prepare an inventory of Native American sacred places that are located on public lands and review the current administrative and statutory protections accorded to such places. (PRC 5097.96)
5. Requires, upon the discovery of multiple Native American human remains during a ground disturbing land development activity, the landowner may agree that additional conferral with the descendants is necessary to consider culturally appropriate treatment of multiple Native American human remains. (PRC 5097.98)

Pursuant to CEQA (PRC 2100 et seq.):

1. Defines “tribal cultural resources” as either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to specified criteria. Requires the lead agency to consider the significance of the resource to a California Native American tribe. (PRC 21074)
2. Requires the Commission to assist the lead agency in identifying the California Native American tribes that are traditionally and culturally affiliated with the project area. (PRC 21080.3.1)
3. Requires, prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for a project, the lead agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if: (1) the California Native American tribe requested to the lead agency, in writing, to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe, and (2) the California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. (PRC 21080.3.1)
4. Requires, as a part of the consultation, the parties may propose mitigation measures, including, but not limited to, those recommended capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. If the California Native American tribe requests consultation regarding alternatives to the project, recommended mitigation measures, or significant effects, the consultation shall include those topics. (PRC 21080.3.2)
5. Authorizes the lead agency to certify an EIR or adopt a mitigated negative declaration for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs: the first step of the consultation process between the California Native American tribe and the lead agency has occurred and was completed. (PRC 21082.3)
6. Requires the Office to prepare and develop, and the Secretary of the Natural Resources Agency (NRA) to certify and adopt, revisions to the CEQA guidelines that update regulations to do both of the following: separate the consideration of paleontological resources from tribal cultural resources and update the relevant sample questions; or, add consideration of tribal cultural resources with relevant sample questions. (PRC 21083.09)

THIS BILL:

1. Authorizes a California Native American tribe that is on the contact list administered and maintained by the Commission to acquire and hold a conservation easements to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed or otherwise conveyed pursuant to CEQA.

Under the Planning and Zoning Law:

1. Requires, by March 1, 2026, the Office’s guidelines for the preparation of and the content of the mandatory elements required in city and county general plans to contain advice, developed in consultation with the Commission and California Native American tribes that are on the contact list administered and maintained by the Commission for consulting with and obtaining tribal information and tribal knowledge from “California Native American tribes.”
2. Requires notice of a public hearing to be given to any California Native American tribe that is on the contact list administered and maintained by the Commission and who has filed a written request.
3. Requires, during the preparation or amendment of the general plan, the planning agency to provide opportunities for the involvement of citizens, California Native American Indian tribes that are on the contact list administered and maintained by the Commission, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate.
4. Requires, before a legislative body takes action to adopt or substantially amend a general plan, the planning agency to refer the proposed action to, among others, a California Native American tribe that is on the contact list administered and maintained by the Commission, and is culturally affiliated with lands located within the city’s or county’s jurisdiction.
5. Requires, prior to the adoption or any amendment of a city’s or county’s general plan, the city or county to conduct consultations with California Native American tribes that are on the contact list administered and maintained by the Commission for the purpose of identifying, evaluating, preserving, or mitigating impacts to places, features, and objects that are located within the city’s or county’s jurisdiction.
6. Defines “consultation” as all of the following:
   1. The meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement;
   2. Consultation is not meaningful or transparent if the tribe is not provided with requested technical information, including project information and constraints, data, maps, administrative drafts of environmental documents and technical studies, and any information concerning project activities as they relate to tribal cultural resources protection; and,
   3. Consultation shall also recognize the need for confidentiality with respect to places that have traditional tribal cultural significance. A California Native American tribe may request additional conditions concerning confidentiality and a local agency shall adopt the conditions, if the conditions do not conflict with existing law.
7. Requires tribal consultation for all of the following purposes, including, but not limited to:
   1. Identifications and determinations of tribal cultural resources, places, features, and objects;
   2. Identification of preservation, avoidance, and protective measures for tribal cultural resources, places, features, and objects early in the planning process, including consideration of the cultural aspects and purposes of the sites;
   3. Identification of standards, methods, and measures for environmental assessment of tribal cultural resources, places, features, and objects including technical studies;
   4. Providing local governments with tribal information and knowledge to use early in the land use planning processes to avoid potential conflicts over the preservation of tribal cultural resources, places, features, and objects at later planning stages; and,
   5. Providing tribes the opportunity to manage and caretake tribal cultural resources, places, features, and objects. Requires California Native American tribes, including their tribal information and tribal knowledge of their culturally affiliated geographic areas and resources, to be afforded deference.
   6. For consultation with a federally recognized tribe:
      1. Consultation with a federally recognized California Native American tribe is a formal two-way government-to-government process and dialogue between local agencies and federally recognized California Native American tribes;
      2. Consultation with a federally recognized California Native American tribe shall be conducted in a way that is mutually respectful of each party’s sovereignty. A local agency shall establish standards through government-to-government consultation with federally recognized California Native American tribes concerning tribal cultural resources, places, features, and objects with which the tribes are culturally affiliated.
      3. Consultation with a federally recognized California Native American tribe shall take into account potential federal undertakings under the federal National Historic Preservation Act and other applicable federal laws.
   7. For consultation with a non-federally recognized tribe:
      1. Provides the right to a non-federally recognized tribe that is on the contact list administered and maintained by Commission to participate in the review process as additional consulting parties if the tribe has a demonstrated most likely cultural affiliation with the project area as determined by the Native American Heritage Commission.
      2. Requires the local agency to invite culturally affiliated nonfederally recognized California Native American tribes to participate in any of the covered processes.
8. Provides that inviting nonfederally recognized California Native American tribes to participate in the process shall not in any way diminish or alter federally recognized Indian tribes’ unique legal and political status, the legal and political relationship between federal agencies, other governmental entities and federally recognized Indian tribes, or the rights of federally recognized Indian tribes.
9. Expands the definition of “open-space land” to include open space for the protection of tribal cultural resources, places, features, and objects.
10. Requires, if land is designated, or proposed to be designated as open space, the city or county to conduct consultations with the California Native American tribe that is on the contact list administered and maintained by the Commission.

Under Native American Historical, Cultural, and Sacred Sites:

1. Strikes provisions exempting the public property of a city, county, and city and county within the limits of the city, county, and city and county, except for all parklands in excess of 100 acres, from the provisions of this chapter.
2. Revises the power of the Commission to:
   1. To prepare and maintain a verified inventory of Native American sacred places, based on substantial evidence, located on public and private lands that shall be known as the California Sacred Lands File. The California Sacred Lands File shall include both of the following:
      1. Places with special religious, cultural, or social significance to California Native American tribes, including Native American human remains, graves, and cemeteries of Native Americans; and,
      2. Tribal cultural resources and sites as identified by California Native American tribes, including places, features, objects, sacred sites, burials, cemeteries, and landscapes.
   2. Requires the Commission to review regulatory and statutory protections accorded to those places identified in the California Sacred Lands File. By January 1, 2027, requires the Commission to submit to the Legislature periodic reports that include, but are not limited to, all of the following:
      1. Inventories, catalogues, findings, and actions as a result of actions taken under this subdivision and recommended actions the commission deems necessary to preserve these sacred places and to protect the free exercise of the Native American religions;
      2. For purposes of providing a baseline to address cumulative impacts, findings the number of resources, including tribal cultural resources listed on the California Sacred Lands File, the resources, including tribal culture resources, identified in environmental documents, and archaeological resources, cultural resources, historic properties, and traditional cultural places on the California Register of Historical Resources that are presently in existence, and the number of resources that have been negatively affected by becoming part of the built environment;
      3. Recommendations concerning monetary incentives for local governments and landowners to preserve and protect resources listed on the California Sacred Lands File and tribal cultural resources; and,
      4. Recommendations concerning state actions that would assist in preservation and protection of resources listed on the California Sacred Lands File and tribal cultural resources.
   3. Requires the Commission to notify landowners on whose property graves and cemeteries of Native Americans are determined to exist and identify the California Native American tribe most likely descended from those Native Americans interred on the property.
   4. Requires, on or before July 1, 2028, the Commission, in consultation with California Native American tribes, including Tribal Historic Preservation Officers, to adopt regulations
   5. Require the Commission to administer and maintain the contact list of California Native American tribes that consists of all of the following:
      1. Federally recognized California Native American tribes;
      2. California Native American tribal groups that are not federally recognized, are verified for inclusion on the contact list by the commission;
      3. Delineation of lands and geographic areas that are culturally affiliated with California Native American tribes, including verified most likely cultural affiliations; and,
      4. The sole purpose of the Commission contact list of California Native American tribes is for tribal consultation and participation in review processes to provide cultural information and tribal knowledge, the California Native American Graves Protection and Repatriation Act of 2001, and other state cultural resources protection laws. Any other use of the contact list that is not authorized by law is prohibited.
3. Requires cooperation between each state and local agency to include, but is not limited to, transmitting copies, electronic or physical, of project information and constraints, data, including maps, environmental documents and technical studies, and any information concerning project activities relating to property identified by the commission as of special religious significance to Native Americans or that is reasonably foreseeable as that type of property and appearing at commission meetings when matters within the authority of the state or local agency are on the Commission’s agenda.
4. Strikes authorization for the Commission to prepare an inventory of Native American sacred places that are located on public lands and review the current administrative and statutory protections accorded to such places.
5. Requires, upon the discovery of multiple Native American human remains during ground-disturbing land development activities, all of the following to apply:
   1. The location of discovery not to be disturbed, impaired, or harmed until consultation with the most likely descendant has been completed;
   2. The landowner is required to engage in additional conferral with the most likely descendant to include culturally appropriate treatment of multiple Native American human remains; and,
   3. If the discovery occurs during activities related to a project, the project is required to contain an open-space preservation area with an appropriate buffer for the preservation in place and protection of the Native American human remains and the entire burial area site so that it is not adversely affected or harmed. To protect the site, the landowner is required to do all of the following:
      1. Use an open-space or conservation zoning designation or easement for preservation and protection of the site;
      2. Record the site with the Commission or the appropriate information center; and,
      3. Record a document with the county in which the property is located using the most protective method available to protect the specific location and nature of the site.
6. Exempts actions taken by a landowner or a landowner’s authorized representative to implement the section related to the discovery of Native American human remains from CEQA except for discoveries of Native American human remains that occur during the implementation of a project subject to that act.

Under CEQA:

1. Defines “California Native American tribe” as a federally recognized California Native American tribe located in California that is on the annual list published under the Federally Recognized Indian Tribe List Act of 1994 in the Federal Register or a Native American tribe that is not federally recognized and is descended from lands located in California that is on the contact list administered and maintained by the Commission.
2. Provides that a lead agency decision to invite a nonfederally recognized tribal group to participate in the process does not in any way diminish or alter the unique legal and political relationship between federal agencies and federally recognized Indian tribes or the legal rights of federally recognized Indian tribes.
3. Redefines “tribal cultural resources” as sites, features, places, cultural landscapes, sacred places, including Native American sanctified cemeteries, Indian cemeteries, or Indian burial areas, and objects with cultural value to a California Native American tribe that are either of the following:
   1. Included or determined to be eligible for inclusion in the California Register of Historical Resources; or,
   2. Included in a local register of historical resources or a tribal government register maintained by the federal Tribal Historic Preservation Officer approved by the Secretary of the Interior pursuant to Section 101 of the federal National Historic Preservation Act.
4. Provides that if a site is a tribal cultural resource, or a possible tribal cultural resource, archaeological standards, methods, measures, conditions, and evaluations may only be used as supplemental information in determining identification, substantial adverse impacts, mitigation, and treatment for tribal cultural resources.
5. Provides that a lead agency shall not make a determination or finding that a resource is not a tribal cultural resource if tribal information and tribal knowledge meet substantial evidence standards showing that the resource is a tribal cultural resource.
6. Finds and declares that federally recognized California Native American tribes traditionally and culturally affiliated with a geographic area have cultural knowledge and information concerning their own ancestry, religion, and cultural practices, and hold the foremost expertise concerning their tribal cultural resources in those geographic areas. California Native American prehistoric, archaeological, cultural, spiritual, and tribal cultural resources, traditional cultural places, and ceremonial places are essential elements in tribal cultural traditions, heritages, present-day practices, and identities. As such, it is necessary for lead agencies to engage in government-to-government tribal consultation for the purposes of including tribal information and tribal knowledge concerning tribal cultural resources to which they are culturally affiliated.
7. Requires tribal consultation to be for the following purposes, including, but not limited to:
   1. Identification and determination of tribal cultural resources;
   2. Identification of mitigation measures;
   3. Standards, methods, and measures for environmental assessment of tribal cultural resources, including technical studies and the checklist for implementation; and,
   4. Implementation of mitigation measures.
8. Provides that consultation is not meaningful or transparent if the tribe is not provided with requested technical information, including project information and constraints, data, maps, administrative drafts of environmental documents and technical studies, and any information concerning project activities as they relate to tribal cultural resources protection.
9. Requires the Commission, to expedite the requirements of CEQA, to assist the lead agency by identifying the California Native American tribes that are traditionally and culturally affiliated with the project area.
10. Requires consultation with a federally recognized California Native American tribe to be as follows:
    1. Consultation with a federally recognized California Native American tribe is a formal two-way government-to-government process and dialogue between governmental agencies and federally recognized California Native American tribes.
    2. Consultation with a federally recognized California Native American tribe shall be conducted in a way that is mutually respectful of each party’s sovereignty, and a public agency shall establish standards through government-to-government consultation with such tribes concerning tribal cultural resources, places, features, and objects to which they are culturally affiliated.
    3. Consultation with a federally recognized tribe shall take into account potential federal undertakings under the federal National Historic Preservation Act and other applicable federal laws.
11. Requires consultation with a nonfederally recognized California Native American tribe to be as follows:
    1. A California Native American tribe that is not federally recognized and is on the contact list administered and maintained by the Commission has a right to participate in the review process pursuant to this division as an additional consulting party if the tribe has demonstrated most likely cultural affiliation with the project area as determined by the Native American Heritage Commission.
    2. The lead agency or local government shall invite culturally affiliated nonfederally recognized California Native American tribes to participate in any of the statutory processes pursuant to CEQA.
    3. Inviting nonfederally recognized California Native American tribes to participate in the process shall not in any way diminish or alter federally recognized California Native American tribes’ unique legal and political status, the legal and political relationship between federal and state agencies, other governmental entities, and federally recognized California Native American tribes, or the rights of federally recognized California Native American tribes.
12. Requires, as part of the consultation, parties to propose mitigation measures, including, but not limited to, those capable of avoiding or reducing potential significant impacts to a tribal cultural resource or alternatives that would avoid or reduce potentially significant impacts to a tribal cultural resource. If the California Native American tribe requests consultation regarding the type of environmental review necessary, the significance of tribal cultural resources, project impacts on tribal cultural resources, alternatives to the project, mitigation measures, cumulative impacts, significant effects, or substantial adverse changes, the consultation shall include those topics and a summary of the consultation that adheres to confidentiality shall be reflected in the environmental review document.
13. Provides that duration of tribal government consultation is from the point in time when the California Native American tribe requests the consultation to the completion of the implementation of the mitigation measures for the project.
14. Requires California Native American tribes to be afforded the opportunity to participate in technical studies relating to tribal cultural resources, archaeological resources, historic property, traditional cultural places, and cultural resources during project scoping, before the initial study and before the environmental review documents are drafted.
15. Strikes existing consultation steps and authorizes the lead agency to certify an EIR or adopt a mitigated negative declaration for a project with a significant impact on an identified tribal cultural resource only if the first step of the consultation process between the California Native American tribe and the lead agency has occurred and completed. Provides that the consultation shall not be construed to limit consultation between the state and tribal governments, existing confidentiality provisions, or the protection of religious exercise to the fullest extent permitted under state and federal law.
16. Requires the first step of consultation to be considered completed when either of the following occurs:
    1. The parties agree to measures to avoid or mitigate a significant effect on tribal cultural resources and the measures are documented in an enforceable agreement between the lead agency and the California Native American tribe or enforceable through a negative declaration, mitigated negative declaration, or environmental impact report, including the mitigation monitoring reporting program.
    2. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. 
17. Requires the second step of consultation to be considered completed when mitigation measures and state or local government conditions of approval have been fully implemented in consultation with the California Native American tribe.
18. Repeals the requirement for the Office to prepare and develop revisions to the CEQA guidelines to separate the consideration of paleontological resources from tribal cultural resources and update the relevant sample questions, and add consideration of tribal cultural resources with relevant sample questions.
19. Requires, on or before July 1, 2027, the Office, along with the Commission and the State Office of Historic Preservation, to prepare and develop, and the Secretary of NRA to adopt, revisions to the guidelines, add new sections concerning identification and evaluation of tribal cultural resources with deference to tribal information and knowledge, the procedural and substantive steps of the tribal consultation process, culturally appropriate mitigation, accidental discoveries of tribal cultural resources, including Native American human remains, burial areas, Indian cemeteries, and update Appendix G of Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations to do both of the following:
    1. Relocate and revise questions concerning Native American human remains and Indian cemeteries from the Cultural Resources section to the Tribal Cultural Resources section; and,
    2. Revise questions in the Tribal Cultural Resources section to include tribal information as a basis for answers to those questions.
20. Requires updates to the CEQA guidelines to be developed in government-to-government consultation with tribal governments.
21. Requires, if the lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the first step of the tribal consultation process, mitigation measures to be  adopted to avoid or minimize the significant adverse impacts and may include, but are not limited to, any of the following:
    1. Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria and include reference to those provisions in the project’s environmental documents. Avoidance and preservation in place is required to be the default treatment for tribal cultural resources and may include California Native American tribe access to the resources for purposes of cultural practices, continued heritage teachings, stewardship, and comanagement of lands. Tribal monitoring is a method or tool to carry out agreed upon mitigation provisions, but alone is not a form of mitigation.
    2. If, after consultation with a California Native American tribe, avoidance is demonstrated to be infeasible, the resource shall be treated with culturally appropriate dignity using tribal cultural values and meaning of the resource.
    3. Relinquishing the ownership of the resources to the consulting California Native American tribe, for appropriate treatment as agreed upon by the California Native American tribe.
    4. Reburying or relocating the resources on the project property in a location that will be protected from further disturbance or harm in perpetuity by using permanent conservation easements or other interests in real property, with culturally appropriate management criteria.
    5. California Native American tribe access to the resources for purposes of cultural practices, continued heritage teachings, stewardship, and comanagement of lands.
22. Requires, as part of the objectives, criteria, and procedures, a lead agency to make provisions for possible tribal cultural resources inadvertently or accidentally discovered during construction that include any of the following:
    1. No further excavation or disturbance of the site or any nearby area reasonably suspected to relate to the discovery until consultation with the culturally affiliated California Native American tribe has been completed.
    2. An evaluation of the discovery by consulting the California Native American tribe.
    3. If the discovery is determined to be a tribal cultural resource based upon substantial evidence, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or other culturally appropriate mitigation shall be made available. Work may continue on other parts of the project site while tribal cultural resources mitigation takes place.
23. Finds and declares that specified sections apply to all cities, including charter cities.
24. Provides that no reimbursement is required by this act pursuant to the California Constitution.
25. Provides that if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made.

FISCAL EFFECT: Unknown

COMMENTS:

1. Indigenous peoples in California. In the early decades of California’s statehood, the relationship between the state and Native Americans Tribes was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities, as expressed by Governor McDougall in his 1851 address to the Legislature: “[t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected.”

During those subsequent years, Native American Tribes were enslaved by settlers and coerced to live in hastily organized reservations that provided little in the way of support, lacking game and suitable agricultural lands and water. Despite every effort to remove them, many Native American Tribes prevailed. Current state leaders have the opportunity to give them a greater voice in land management, ecosystem preservation, and co-governance to protect and restore California’s lands, and maintain the commitment to continue learning from them.

1. Tribal recognition. The OFA within the Office of the Assistant Secretary Indian Affairs implements the federal procedures for federally recognizing Indian Tribes. Federal acknowledgment of tribal existence is a prerequisite to the protection, services, and benefits of the federal government available to Indian Tribes by virtue of their status as tribes. The federal acknowledgment regulations establish procedures by which a non-federally recognized group may seek federal acknowledgment as an Indian tribe, establishing a government-to-government relationship with the United States. Within the government-to-government relationship, the federal government provides services directly or through contracts, grants, or compacts to 109 federally recognized Indian Tribes in California.

Tribes are federally recognized through three general pathways: an act of Congress, by the federal Administrative Procedures Act (25 Code of Federal Regulations Part 83), or by a decision of a United States Court. Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders, or other federal actions.

In the 1850s, at least 18 known treaties were negotiated between the President Fillmore and American Indian Nations in California and submitted to the US Senate, but the Senate rejected the treaties and sealed them for more than 50 years, leaving those tribes in limbo without any state or federal recourse. In the 1950s and 1960s, the federal government saw certain tribes as sufficiently capable of self-government, and thus "no longer in need of federal supervision." The government terminated its relationship with numerous tribes under this policy, including tribes in California such as the Taylorsville Rancheria. The Winnemem Wintu Tribe were dropped from the list of federally recognized Tribes in the 1980s, and have sense been trying to regain recognition. This year, Congresswoman Sydney Kamlager-Dove introduced H.R. 6859 to federally recognize the Gabrielino/Tongva Nation whose villages have been located in the Los Angeles Basin for thousands of years. 

California has the highest Native American population in the country and is also home to the majority of non-federally recognized tribes. There are at least 65 non-federally recognized tribes in California.

Currently, there are only six tribes under review to become recognized, and that includes two California tribes: the Southern Sierra Miwuk Nation from Yosemite Valley and the Ahmah Mutsun Band of Ohlone Indians from the San Francisco Bay Area. The Death Valley TimbiSha Shoshone Band is the only California tribe that has been recognized in the 44 years since the federal acknowledgement process was established.

Furthermore, the state Legislature has taken action to recognize California tribes, including Assembly Joint Resolution 48 (1993) to urge the federal government to recognize the Juaneño Band of Mission Indians, and Assembly Joint Resolution 39 (2007) to recognize the Winnemem Wintu Tribe.

1. State policies on Native American inclusion. NRA recognizes that California Native American Tribes and tribal communities have sovereign authority over their members and territories and a unique relationship with California’s resources. All California tribes and tribal communities, regardless of federal recognition, have distinct cultural, spiritual, environmental, and economic and public health interests and unique traditional cultural knowledge about California resources.

On September 19, 2011, Governor Brown issued Executive Order (EO) B-10-11 to direct state agencies and departments to implement effective government consultation with California Native American Tribes. That EO also sought to establish a tribal advisor under the Governor [the advisor was ultimately codified in AB 880 (Gray), Chapter 801, Statutes of 2018]. The purpose of the policy is to ensure effective government-to-government consultation between NRA, its departments and agencies, and Native American Tribes and tribal communities to further the mission and to provide meaningful input into the development of regulations, rules, policies, and activities that may affect tribal communities. Furthermore, the EO requires NRA and its departments to identify Native American Tribes to consult at the earliest possible time in the planning process and allow a reasonable opportunity for tribes to respond and participate.

On June 18, 2019, Governor Newsom issued EO N-15-19 acknowledging and apologizing on behalf of the state for the historical “violence, exploitation, dispossession and the attempted destruction of tribal communities” which dislocated California Native Americans from their ancestral land and sacred practices and establishes the California Truth and Healing Council. The destructive impacts of this forceful separation persist today, and meaningful, reparative action from the state can begin to address these wrongs in an effort to heal its relationship with California Native Americans. In addition, EO N-15-19 reaffirms and incorporates by reference the principles of government-to-government engagement established by EO B-10-11.

On September 25, 2020, Governor Newsom released a Statement of Administration Policy on Native American Ancestral Lands to encourage state entities to seek opportunities to support California Tribes’ co-management of and access to natural lands that are within a California tribe’s ancestral land and under the ownership or control of the state of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of State needs.

On October 7, 2020, Governor Newsom issued Executive Order No. N-82-20, which directed NRA to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces. As a result, NRA appointed an assistant Secretary for Tribal Affairs to help cultivate and ensure the participation and inclusion of tribal governments and communities within the work of NRA, supporting the effective integration of these governments’ and communities’ interests in environmental policymaking. The assistant also works to further support and expand the NRA’s effort to institutionalize tribal consultation practices into its program planning,

1. Identifying tribes. Established in 1976, the Commission is the primary government agency responsible for identifying and cataloging Native American cultural resources. In determining what tribes are affiliated with geography, remains, and items for purposes of consultation, agencies and entities rely on the Commission’s list.

This bill addresses which tribes on the list are entitled to mandatory verses permissive consultation. The author may wish to consider how nonfederally recognized tribes with unique features of sovereignty affirmed by the courts are listed by the Commission, and under which process those tribes would be consulted pursuant to the bill for General Plans and under CEQA. The author may also wish to consider whether any clarifying amendments are needed for providing direction to the Commission as it relates to updating the list when there is action by a court or the OFA as it relates to recognition.

1. Tribal consultation under CEQA. AB 52 (Gatto), Chapter 532, Statutes of 2014, established a process for a California Native American tribe to engage in the CEQA review process to avoid significant effects on tribal cultural resources. AB 52 also enacted mandatory Native American government-to-government tribal consultation processes, including processes for adopting culturally appropriate mitigation measures, with avoidance and preservation in place being the preference, confidentiality standards, and findings required by a lead agency when a CEQA project will cause adverse impacts to tribal cultural resources. By requiring consideration of tribal cultural resources early in the CEQA process, the legislative intent was to ensure that local and tribal governments, public agencies, and project proponents would have information available early in the project planning process to identify and address potential adverse impacts to tribal cultural resources. Further, it requires the Commission to provide each California Native American tribe with a list of all public agencies that may be a lead agency under CEQA within the geographic area with which the tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the tribe may request the public agency to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation.

Current law under AB 52 (Gatto) defines “California Native American tribe” as a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of SB 18 (Burton), Chapter 905 of the Statutes of 2004. SB 18 requires cities and counties to consult with California Native American tribes for the preservation of, or the mitigation of impacts to, specified Native American “places, features, and objects” when developing or amending their General Plans.

According to this bill’s author’s findings and declarations, “the provisions of the [current] law have been misunderstood and incorrectly effectuated by lead agencies, state and local governments, land use developers, and consultants.”

The bill states that “California Native American tribes … hold the foremost expertise concerning their tribal cultural resources in those geographic areas.” Similarly, the Gabrieleno Band of Mission Indians Kizh Nation underscore the importance of consultation with the appropriate tribe, “Every tribe has their own particular nuances as to traditions and ceremony that differentiate from other tribes. Federally recognized tribes do not have the sensitivity of traditions handed down generation-after-generation of any other tribe. The same would be true if the non-federally recognized tribes were given priority over federally recognized tribes.”

This bill expands the Commission’s role in facilitating tribal consultation by assisting the lead agency in identifying the California Native American tribe that is traditionally and culturally affiliated with a project area.

Further, the bill would bifurcate the consultation process for federally and nonfederally recognized tribes. For federally recognized tribes, the consultation is a formal two-way government-to-government process, and requires respect for the tribe’s sovereignty. Nonfederally recognized tribes will have the right to participate in the review process as an additional consulting party if the tribe has demonstrated cultural affiliation with the project, and requires the lead agency to invite the culturally affiliated nonfederally recognized tribes to participate in the process.

The author’s intent is to draw the distinction that federal recognition affords tribes the unique status of being governments under federal law, to whereas California does not have a comparable process for recognizing tribes. Federal laws such as the Native American Graves Repatriation Act and the National Historic Preservation Act, give federally recognized tribes, but not nonfederally recognized tribes, standing for things such as repatriation and enforceable cultural resource protection agreements. They also require certain standards and responsibilities for federally recognized tribes to fully participate in those processes, which are not applicable to nonfederally recognized tribes. The author’s intent is for AB 52 to bolster nonfederally recognized tribes’ role in the protection of tribal cultural resources.

The Juaneño Band of Mission Indians, among others, expressed concern that “the bill will create a two-tiered system of tribal consultation in which federally recognized tribes are prioritized by the state for consultation, while non-federally recognized tribes are merely allowed to participate in consultations. Simply permitting us to sit at the table is not the same as recognizing our standing as a sovereign people. By relegating us to a consultative role while enshrining that only federally recognized tribes are legally entitled to government-to-government consultation with lead agencies and institutions under federal and state law, AB 52 not only diminishes our standing, it erases it, perpetuating an all too familiar practice of disregarding our rightful authority over our ancestral lands and sacred sites.”

1. Challenges with CEQA implementation. In the effort to improve tribal consultation, this bill can create delays for CEQA implementation, potentially frustrating a lead agency’s timely ability to complete review under CEQA. Examples include the deletion of a longstanding exemption for local governments pursuant to GC 5097.9, and PRC 21080.3.2 creates an open-ended timeframe for which review can be indefinite. Under current law, a lead agency must begin the consultation process with the tribes that have requested consultation within 30 days of receiving the consultation request. That consultation concludes when either (1) the parties agree to measures to mitigate or avoid a significant effect if a significant effect exists, on a Tribal Cultural Resource, or (2) a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.

Establishing timeframes for each step of the proposed consultation process would provide scaffolding in the law to ensure there are not prolonged delays. The author may wish to work with tribes – both nonfederally recognized and federally recognized – to identify timeframes that are both appropriate for keeping the CEQA process moving while also being sensitive to the nature of the situation (i.e., identification of sacred objects, or descendent remains) and the fact that not all tribes are equally resourced.

Also, while nonfederally recognized tribes will be invited and have the right to participate on consultation, federal tribes will inherently be prioritized for consultation if there is a shared space where both tribes reside and have cultural, spiritual, and religious connections. Many local governments have long-established relationships with local tribes, and this bill can obfuscate a lead agency’s consultations if the list provided by the Commission differs from the tribal relationships the agency has. Additionally, the City of Corona notes that the bill will create confusion and conflict for conferring agencies where the Commission designates a nonfederally recognized tribe as a most likely descendant of remains discovered during construction. In such a situation, the nonfederally recognized tribe would be a consulting party to a federally recognized tribe that may or may not share similar traditional beliefs or practices.

1. Author’s statement:

California has made important progress in recognizing and protecting Tribal Cultural Resources, which include sacred places, cultural landscapes, and objects of deep significance to Native American Tribes. However, since the passage of AB 52, the law has been widely misunderstood by lead agencies, local governments, developers, and consultants leading to litigation instead of quicker deployment of development projects. Instead of prioritizing Tribal input, these entities have often allowed archaeologists to control the identification of TCRs, disregarding critical Tribal heritage information. As a result, Tribes have been forced to take legal action against lead agencies for failing to properly consult them, dismissing Tribal solutions, and relying on inaccurate archaeological findings to determine the fate of their cultural heritage.

AB 52 (Aguiar-Curry, 2025) strengthens the original 2014 law by ensuring that Tribal consultation is not just a procedural step but an ongoing, meaningful process throughout development. It clarifies that Tribal governments are the primary experts on their own cultural heritage and should have authority over how TCRs are identified and protected. To further support Tribal sovereignty and inclusivity, the bill also ensures that California Native American Tribes that are not federally recognized will be included on the Native American Heritage Commission’s contact list and will be able to participate in state cultural protection laws as consulting parties, similar to federal law. Strengthening these protections will reduce legal conflicts, allow projects to move forward with fewer delays, and reinforce California’s commitment to respecting Tribal sovereignty and addressing its history of dispossession.

1. Double referral. This bill is also referred to the Assembly Local Government Committee.
2. Related legislation. AB 1284 (Ramos), Chapter 657, Statutes of 2023, establishes the Tribal Cogovernance of Ancestral Lands and Waters Act to encourage the state to enter into agreements with federally recognized tribes for the purposes of shared responsibility, decision-making, and partnership in resource management and conservation within a tribe’s ancestral lands and waters.

REGISTERED SUPPORT / OPPOSITION:

Support

Agua Caliente Band of Cahuilla Indians
California Nations Indian Gaming Association
Federated Indians of Graton Rancheria
Habematolel Pomo of Upper Lake
Morongo Band of Mission Indians
Pala Band of Mission Indians
Pechanga Band of Indians

Opposition

Abundant Housing LA
All of US or None
Alliance for Boys and Men of Color
Amah Mutsun Land Trust
Amah Mutsun Tribal Band
Associated General Contractors of America, San Diego Chapter
Associated General Contractors of California
Barbareño/Ventureño Band of Mission Indians
Bay Area Council
Bay Area Native Allies Project
Boma California
Braiding Roots
California Alliance of Sovereign Tribal Nations
California Association of Realtors
California Building Industry Association
California Building Industry Association
California Business Properties Association
California Sportfishing Protection Alliance
Calwild
Chalon Indian Nation of California
Circulate San Diego
City of Corona
Coalition of California State Tribes
Communities United for Restorative Youth Justice
Concrete Development, INC.
Defenders of Wildlife
Eastern Sierra Land Trust
Ecodiversity
El Centro De Amistad
El Nido Family Centers
Friends of the Inyo
Friends of the River
Gabrielino Tongva Indians of California
Golden State Salmon Association
Green Foothills
Indigenous Justice
Juaneno Band of Mission Indians, Acjachemen Nation- Belardes
Kern Valley Indian Community
Kizh Nation San Gabriel Band of Mission Indians
Large-scale Solar Association
Legal Services for Prisoners With Children
League of California Cities

Mono Lake Kootzaduka'a Tribe
Muwekma Ohlone Indian Tribe of the San Francisco Bay Area
Naiop of California
National Federation of Independent Business
Native Sisters Circle
Nature for All
New Ways to Work, INC
Nor Rel Muk Wintu Nation
Northern Chumash Tribal Council
Ohlone/costanoan-esselen Nation
Orange County Business Council
Pakan'yani Maidu of Strawberry Valley Rancheria
Pit River Tribe
Ramaytush Tribe
Resource Renewal Institute
Restore the Delta
Sacred Places Institute for Indigenous Peoples
Salinan Nation Cultural Preservation Association
San Fernando Band of Mission Indians
San Francisco Baykeeper
San Luis Rey Band of Mission Indians
Save California Salmon
Sierra Club California
Southern California Leadership Council
Tataviam Land Conservancy
The Two Hundred
Tongva Taraxat Paxaavxa Conservancy
Transportation California
Tuolumne River Trust
Winnemem Wintu Tribe
Wukchumni Tribal Council
Wuksachi Indian Tribe
Xolon Salinan Tribe
Yak Tityu Tityu Yak Tiłhini – Northern Chumash Tribe of San Luis Obispo County and Region

Analysis Prepared by: Paige Brokaw / NAT. RES. /

Date of Hearing: April 28, 2025

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 52 (

Author:Aguiar-Curry) – As Amended Ver:April 21, 2025

SUBJECT: Native American resources

SUMMARY: Establishes specified processes for consultation with federally recognized tribes and non-federally recognized tribes under specified state laws that require consultation with California Native American tribes.

EXISTING LAW:

1. Requires the Office of Federal Acknowledgment (OFA) within the Office of the Assistant Secretary Indian Affairs of the Department of the Interior to implement the Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. (25 Code of Federal Regulations Part 83)
2. Identifies California Native American tribes as those tribes located in California that are on the contact list maintained by the Native American Heritage Commission (Commission) for the purposes of SB 18 (Burton), Chapter 905, Statutes of 2004. (Public Resources Code (PRC) 21073)
3. Encourages and authorizes all state agencies, as defined, to cooperate with federally recognized California Indian Tribes on matters of economic development and improvement for the tribes. (Government Code (GC) 11019.8 (a))
4. Provides that 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.
5. Establishes the Commission and the powers and duties of the Commission, and requires, among other things, the Commission to provide each California Native American tribe with a list of all public agencies that may be a lead agency pursuant to the California Environmental Quality Act (CEQA) within the geographic area with which the tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the tribe may request the public agency to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation. (PRC 5097.91 and 5094.94 (m))
6. Provides that only the following entities or organizations may acquire and hold conservation easements: a tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Service Code; the state or any city, county, city and county, district, or other state or local governmental entity; or, a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Commission. (Civil Code 815.3)

Pursuant to the Planning and Zoning Law (GC 65000 et seq.):

1. Requires the Office of Land Use and Climate Innovation (Office) to develop and adopt guidelines for the preparation of and the content of the mandatory elements required in city and county general plans. Requires the guidelines to contain advice, developed in consultation with the Commission, for consulting with California Native American tribes for all of the following:
   1. The preservation of, or the mitigation of impacts to, places, features, and objects;
   2. Procedures for identifying through the Commission the appropriate California Native American tribes;
   3. Procedures for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects; and,
   4. Procedures to facilitate voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those places, features, and objects. (GC 65040.2)
2. Includes in the definition of “person” a California Native American tribe that is on the contact list maintained by the Commission. (GC 65092)
3. Requires, during the preparation or amendment of the general plan, the planning agency to provide opportunities for the involvement of citizens, California Native American Indian tribes,  public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate. (GC 65351)
4. Requires, prior to the adoption or any amendment of a city’s or county’s general plan, proposed on or after March 1, 2005, the city or county to conduct consultations with California Native American tribes that are on the contact list maintained by Commission, for the purpose of preserving or mitigating impacts to places, features, and objects that are located within the city’s or county’s jurisdiction. Provides 90 days from the date on which a California Native American tribe is contacted by a city or county to request a consultation, unless a shorter timeframe has been agreed to by that tribe. (GC 65352.3)
5. Defines “consultation” as the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural significance. (GC 65352.4)
6. Requires, if land is designated, or proposed to be designated as open space, contains a place, feature, or object, the city or county in which the place, feature, or object is located to conduct consultations with the California Native American tribe, if any, that has given notice for the purpose of determining the level of confidentiality required to protect the specific identity, location, character, or use of the place, feature, or object and for the purpose of developing treatment with appropriate dignity of the place, feature, or object in any corresponding management plan. (GC 65562.5)

Pursuant to Native American Historical, Cultural, and Sacred Sites (PRC 5097.9 - 5097.991)

1. Provides that this chapter of law shall not be construed to limit the requirements of CEQA. (PRC 5097.9)
2. Provides the Commission with the powers and duty to identify and catalog places of special religious or social significance to Native Americans, and known graves and cemeteries of Native Americans on private lands. (PRC 5097.94)
3. Requires each state and local agency to cooperate with the Commission in carrying out its duties. Such cooperation shall include, but is not limited to, transmitting copies, at the Commission’s expense, of appropriate sections of all environmental impact reports relating to property identified by the commission as of special religious significance to Native Americans or which  is reasonably foreseeable as such property. (PRC 5097.95)
4. Authorizes the Commission to prepare an inventory of Native American sacred places that are located on public lands and review the current administrative and statutory protections accorded to such places. (PRC 5097.96)
5. Requires, upon the discovery of multiple Native American human remains during a ground disturbing land development activity, the landowner may agree that additional conferral with the descendants is necessary to consider culturally appropriate treatment of multiple Native American human remains. (PRC 5097.98)

Pursuant to CEQA (PRC 2100 et seq.):

1. Defines “tribal cultural resources” as either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to specified criteria. Requires the lead agency to consider the significance of the resource to a California Native American tribe. (PRC 21074)
2. Requires the Commission to assist the lead agency in identifying the California Native American tribes that are traditionally and culturally affiliated with the project area. (PRC 21080.3.1)
3. Requires, prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for a project, the lead agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if: (1) the California Native American tribe requested to the lead agency, in writing, to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe, and (2) the California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. (PRC 21080.3.1)
4. Requires, as a part of the consultation, the parties may propose mitigation measures, including, but not limited to, those recommended capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. If the California Native American tribe requests consultation regarding alternatives to the project, recommended mitigation measures, or significant effects, the consultation shall include those topics. (PRC 21080.3.2)
5. Authorizes the lead agency to certify an EIR or adopt a mitigated negative declaration for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs: the first step of the consultation process between the California Native American tribe and the lead agency has occurred and was completed. (PRC 21082.3)
6. Requires the Office to prepare and develop, and the Secretary of the Natural Resources Agency (NRA) to certify and adopt, revisions to the CEQA guidelines that update regulations to do both of the following: separate the consideration of paleontological resources from tribal cultural resources and update the relevant sample questions; or, add consideration of tribal cultural resources with relevant sample questions. (PRC 21083.09)

THIS BILL:

1. Authorizes a California Native American tribe that is on the contact list administered and maintained by the Commission to acquire and hold a conservation easements to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed or otherwise conveyed pursuant to CEQA.

Under the Planning and Zoning Law:

1. Requires, by March 1, 2026, the Office’s guidelines for the preparation of and the content of the mandatory elements required in city and county general plans to contain advice, developed in consultation with the Commission and California Native American tribes that are on the contact list administered and maintained by the Commission for consulting with and obtaining tribal information and tribal knowledge from “California Native American tribes.”
2. Requires notice of a public hearing to be given to any California Native American tribe that is on the contact list administered and maintained by the Commission and who has filed a written request.
3. Requires, during the preparation or amendment of the general plan, the planning agency to provide opportunities for the involvement of citizens, California Native American Indian tribes that are on the contact list administered and maintained by the Commission, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate.
4. Requires, before a legislative body takes action to adopt or substantially amend a general plan, the planning agency to refer the proposed action to, among others, a California Native American tribe that is on the contact list administered and maintained by the Commission, and is culturally affiliated with lands located within the city’s or county’s jurisdiction.
5. Requires, prior to the adoption or any amendment of a city’s or county’s general plan, the city or county to conduct consultations with California Native American tribes that are on the contact list administered and maintained by the Commission for the purpose of identifying, evaluating, preserving, or mitigating impacts to places, features, and objects that are located within the city’s or county’s jurisdiction.
6. Defines “consultation” as all of the following:
   1. The meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement;
   2. Consultation is not meaningful or transparent if the tribe is not provided with requested technical information, including project information and constraints, data, maps, administrative drafts of environmental documents and technical studies, and any information concerning project activities as they relate to tribal cultural resources protection; and,
   3. Consultation shall also recognize the need for confidentiality with respect to places that have traditional tribal cultural significance. A California Native American tribe may request additional conditions concerning confidentiality and a local agency shall adopt the conditions, if the conditions do not conflict with existing law.
7. Requires tribal consultation for all of the following purposes, including, but not limited to:
   1. Identifications and determinations of tribal cultural resources, places, features, and objects;
   2. Identification of preservation, avoidance, and protective measures for tribal cultural resources, places, features, and objects early in the planning process, including consideration of the cultural aspects and purposes of the sites;
   3. Identification of standards, methods, and measures for environmental assessment of tribal cultural resources, places, features, and objects including technical studies;
   4. Providing local governments with tribal information and knowledge to use early in the land use planning processes to avoid potential conflicts over the preservation of tribal cultural resources, places, features, and objects at later planning stages; and,
   5. Providing tribes the opportunity to manage and caretake tribal cultural resources, places, features, and objects. Requires California Native American tribes, including their tribal information and tribal knowledge of their culturally affiliated geographic areas and resources, to be afforded deference.
   6. For consultation with a federally recognized tribe:
      1. Consultation with a federally recognized California Native American tribe is a formal two-way government-to-government process and dialogue between local agencies and federally recognized California Native American tribes;
      2. Consultation with a federally recognized California Native American tribe shall be conducted in a way that is mutually respectful of each party’s sovereignty. A local agency shall establish standards through government-to-government consultation with federally recognized California Native American tribes concerning tribal cultural resources, places, features, and objects with which the tribes are culturally affiliated.
      3. Consultation with a federally recognized California Native American tribe shall take into account potential federal undertakings under the federal National Historic Preservation Act and other applicable federal laws.
   7. For consultation with a non-federally recognized tribe:
      1. Provides the right to a non-federally recognized tribe that is on the contact list administered and maintained by Commission to participate in the review process as additional consulting parties if the tribe has a demonstrated most likely cultural affiliation with the project area as determined by the Native American Heritage Commission.
      2. Requires the local agency to invite culturally affiliated nonfederally recognized California Native American tribes to participate in any of the covered processes.
8. Provides that inviting nonfederally recognized California Native American tribes to participate in the process shall not in any way diminish or alter federally recognized Indian tribes’ unique legal and political status, the legal and political relationship between federal agencies, other governmental entities and federally recognized Indian tribes, or the rights of federally recognized Indian tribes.
9. Expands the definition of “open-space land” to include open space for the protection of tribal cultural resources, places, features, and objects.
10. Requires, if land is designated, or proposed to be designated as open space, the city or county to conduct consultations with the California Native American tribe that is on the contact list administered and maintained by the Commission.

Under Native American Historical, Cultural, and Sacred Sites:

1. Strikes provisions exempting the public property of a city, county, and city and county within the limits of the city, county, and city and county, except for all parklands in excess of 100 acres, from the provisions of this chapter.
2. Revises the power of the Commission to:
   1. To prepare and maintain a verified inventory of Native American sacred places, based on substantial evidence, located on public and private lands that shall be known as the California Sacred Lands File. The California Sacred Lands File shall include both of the following:
      1. Places with special religious, cultural, or social significance to California Native American tribes, including Native American human remains, graves, and cemeteries of Native Americans; and,
      2. Tribal cultural resources and sites as identified by California Native American tribes, including places, features, objects, sacred sites, burials, cemeteries, and landscapes.
   2. Requires the Commission to review regulatory and statutory protections accorded to those places identified in the California Sacred Lands File. By January 1, 2027, requires the Commission to submit to the Legislature periodic reports that include, but are not limited to, all of the following:
      1. Inventories, catalogues, findings, and actions as a result of actions taken under this subdivision and recommended actions the commission deems necessary to preserve these sacred places and to protect the free exercise of the Native American religions;
      2. For purposes of providing a baseline to address cumulative impacts, findings the number of resources, including tribal cultural resources listed on the California Sacred Lands File, the resources, including tribal culture resources, identified in environmental documents, and archaeological resources, cultural resources, historic properties, and traditional cultural places on the California Register of Historical Resources that are presently in existence, and the number of resources that have been negatively affected by becoming part of the built environment;
      3. Recommendations concerning monetary incentives for local governments and landowners to preserve and protect resources listed on the California Sacred Lands File and tribal cultural resources; and,
      4. Recommendations concerning state actions that would assist in preservation and protection of resources listed on the California Sacred Lands File and tribal cultural resources.
   3. Requires the Commission to notify landowners on whose property graves and cemeteries of Native Americans are determined to exist and identify the California Native American tribe most likely descended from those Native Americans interred on the property.
   4. Requires, on or before July 1, 2028, the Commission, in consultation with California Native American tribes, including Tribal Historic Preservation Officers, to adopt regulations
   5. Require the Commission to administer and maintain the contact list of California Native American tribes that consists of all of the following:
      1. Federally recognized California Native American tribes;
      2. California Native American tribal groups that are not federally recognized, are verified for inclusion on the contact list by the commission;
      3. Delineation of lands and geographic areas that are culturally affiliated with California Native American tribes, including verified most likely cultural affiliations; and,
      4. The sole purpose of the Commission contact list of California Native American tribes is for tribal consultation and participation in review processes to provide cultural information and tribal knowledge, the California Native American Graves Protection and Repatriation Act of 2001, and other state cultural resources protection laws. Any other use of the contact list that is not authorized by law is prohibited.
3. Requires cooperation between each state and local agency to include, but is not limited to, transmitting copies, electronic or physical, of project information and constraints, data, including maps, environmental documents and technical studies, and any information concerning project activities relating to property identified by the commission as of special religious significance to Native Americans or that is reasonably foreseeable as that type of property and appearing at commission meetings when matters within the authority of the state or local agency are on the Commission’s agenda.
4. Strikes authorization for the Commission to prepare an inventory of Native American sacred places that are located on public lands and review the current administrative and statutory protections accorded to such places.
5. Requires, upon the discovery of multiple Native American human remains during ground-disturbing land development activities, all of the following to apply:
   1. The location of discovery not to be disturbed, impaired, or harmed until consultation with the most likely descendant has been completed;
   2. The landowner is required to engage in additional conferral with the most likely descendant to include culturally appropriate treatment of multiple Native American human remains; and,
   3. If the discovery occurs during activities related to a project, the project is required to contain an open-space preservation area with an appropriate buffer for the preservation in place and protection of the Native American human remains and the entire burial area site so that it is not adversely affected or harmed. To protect the site, the landowner is required to do all of the following:
      1. Use an open-space or conservation zoning designation or easement for preservation and protection of the site;
      2. Record the site with the Commission or the appropriate information center; and,
      3. Record a document with the county in which the property is located using the most protective method available to protect the specific location and nature of the site.
6. Exempts actions taken by a landowner or a landowner’s authorized representative to implement the section related to the discovery of Native American human remains from CEQA except for discoveries of Native American human remains that occur during the implementation of a project subject to that act.

Under CEQA:

1. Defines “California Native American tribe” as a federally recognized California Native American tribe located in California that is on the annual list published under the Federally Recognized Indian Tribe List Act of 1994 in the Federal Register or a Native American tribe that is not federally recognized and is descended from lands located in California that is on the contact list administered and maintained by the Commission.
2. Provides that a lead agency decision to invite a nonfederally recognized tribal group to participate in the process does not in any way diminish or alter the unique legal and political relationship between federal agencies and federally recognized Indian tribes or the legal rights of federally recognized Indian tribes.
3. Redefines “tribal cultural resources” as sites, features, places, cultural landscapes, sacred places, including Native American sanctified cemeteries, Indian cemeteries, or Indian burial areas, and objects with cultural value to a California Native American tribe that are either of the following:
   1. Included or determined to be eligible for inclusion in the California Register of Historical Resources; or,
   2. Included in a local register of historical resources or a tribal government register maintained by the federal Tribal Historic Preservation Officer approved by the Secretary of the Interior pursuant to Section 101 of the federal National Historic Preservation Act.
4. Provides that if a site is a tribal cultural resource, or a possible tribal cultural resource, archaeological standards, methods, measures, conditions, and evaluations may only be used as supplemental information in determining identification, substantial adverse impacts, mitigation, and treatment for tribal cultural resources.
5. Provides that a lead agency shall not make a determination or finding that a resource is not a tribal cultural resource if tribal information and tribal knowledge meet substantial evidence standards showing that the resource is a tribal cultural resource.
6. Finds and declares that federally recognized California Native American tribes traditionally and culturally affiliated with a geographic area have cultural knowledge and information concerning their own ancestry, religion, and cultural practices, and hold the foremost expertise concerning their tribal cultural resources in those geographic areas. California Native American prehistoric, archaeological, cultural, spiritual, and tribal cultural resources, traditional cultural places, and ceremonial places are essential elements in tribal cultural traditions, heritages, present-day practices, and identities. As such, it is necessary for lead agencies to engage in government-to-government tribal consultation for the purposes of including tribal information and tribal knowledge concerning tribal cultural resources to which they are culturally affiliated.
7. Requires tribal consultation to be for the following purposes, including, but not limited to:
   1. Identification and determination of tribal cultural resources;
   2. Identification of mitigation measures;
   3. Standards, methods, and measures for environmental assessment of tribal cultural resources, including technical studies and the checklist for implementation; and,
   4. Implementation of mitigation measures.
8. Provides that consultation is not meaningful or transparent if the tribe is not provided with requested technical information, including project information and constraints, data, maps, administrative drafts of environmental documents and technical studies, and any information concerning project activities as they relate to tribal cultural resources protection.
9. Requires the Commission, to expedite the requirements of CEQA, to assist the lead agency by identifying the California Native American tribes that are traditionally and culturally affiliated with the project area.
10. Requires consultation with a federally recognized California Native American tribe to be as follows:
    1. Consultation with a federally recognized California Native American tribe is a formal two-way government-to-government process and dialogue between governmental agencies and federally recognized California Native American tribes.
    2. Consultation with a federally recognized California Native American tribe shall be conducted in a way that is mutually respectful of each party’s sovereignty, and a public agency shall establish standards through government-to-government consultation with such tribes concerning tribal cultural resources, places, features, and objects to which they are culturally affiliated.
    3. Consultation with a federally recognized tribe shall take into account potential federal undertakings under the federal National Historic Preservation Act and other applicable federal laws.
11. Requires consultation with a nonfederally recognized California Native American tribe to be as follows:
    1. A California Native American tribe that is not federally recognized and is on the contact list administered and maintained by the Commission has a right to participate in the review process pursuant to this division as an additional consulting party if the tribe has demonstrated most likely cultural affiliation with the project area as determined by the Native American Heritage Commission.
    2. The lead agency or local government shall invite culturally affiliated nonfederally recognized California Native American tribes to participate in any of the statutory processes pursuant to CEQA.
    3. Inviting nonfederally recognized California Native American tribes to participate in the process shall not in any way diminish or alter federally recognized California Native American tribes’ unique legal and political status, the legal and political relationship between federal and state agencies, other governmental entities, and federally recognized California Native American tribes, or the rights of federally recognized California Native American tribes.
12. Requires, as part of the consultation, parties to propose mitigation measures, including, but not limited to, those capable of avoiding or reducing potential significant impacts to a tribal cultural resource or alternatives that would avoid or reduce potentially significant impacts to a tribal cultural resource. If the California Native American tribe requests consultation regarding the type of environmental review necessary, the significance of tribal cultural resources, project impacts on tribal cultural resources, alternatives to the project, mitigation measures, cumulative impacts, significant effects, or substantial adverse changes, the consultation shall include those topics and a summary of the consultation that adheres to confidentiality shall be reflected in the environmental review document.
13. Provides that duration of tribal government consultation is from the point in time when the California Native American tribe requests the consultation to the completion of the implementation of the mitigation measures for the project.
14. Requires California Native American tribes to be afforded the opportunity to participate in technical studies relating to tribal cultural resources, archaeological resources, historic property, traditional cultural places, and cultural resources during project scoping, before the initial study and before the environmental review documents are drafted.
15. Strikes existing consultation steps and authorizes the lead agency to certify an EIR or adopt a mitigated negative declaration for a project with a significant impact on an identified tribal cultural resource only if the first step of the consultation process between the California Native American tribe and the lead agency has occurred and completed. Provides that the consultation shall not be construed to limit consultation between the state and tribal governments, existing confidentiality provisions, or the protection of religious exercise to the fullest extent permitted under state and federal law.
16. Requires the first step of consultation to be considered completed when either of the following occurs:
    1. The parties agree to measures to avoid or mitigate a significant effect on tribal cultural resources and the measures are documented in an enforceable agreement between the lead agency and the California Native American tribe or enforceable through a negative declaration, mitigated negative declaration, or environmental impact report, including the mitigation monitoring reporting program.
    2. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. 
17. Requires the second step of consultation to be considered completed when mitigation measures and state or local government conditions of approval have been fully implemented in consultation with the California Native American tribe.
18. Repeals the requirement for the Office to prepare and develop revisions to the CEQA guidelines to separate the consideration of paleontological resources from tribal cultural resources and update the relevant sample questions, and add consideration of tribal cultural resources with relevant sample questions.
19. Requires, on or before July 1, 2027, the Office, along with the Commission and the State Office of Historic Preservation, to prepare and develop, and the Secretary of NRA to adopt, revisions to the guidelines, add new sections concerning identification and evaluation of tribal cultural resources with deference to tribal information and knowledge, the procedural and substantive steps of the tribal consultation process, culturally appropriate mitigation, accidental discoveries of tribal cultural resources, including Native American human remains, burial areas, Indian cemeteries, and update Appendix G of Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations to do both of the following:
    1. Relocate and revise questions concerning Native American human remains and Indian cemeteries from the Cultural Resources section to the Tribal Cultural Resources section; and,
    2. Revise questions in the Tribal Cultural Resources section to include tribal information as a basis for answers to those questions.
20. Requires updates to the CEQA guidelines to be developed in government-to-government consultation with tribal governments.
21. Requires, if the lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the first step of the tribal consultation process, mitigation measures to be  adopted to avoid or minimize the significant adverse impacts and may include, but are not limited to, any of the following:
    1. Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria and include reference to those provisions in the project’s environmental documents. Avoidance and preservation in place is required to be the default treatment for tribal cultural resources and may include California Native American tribe access to the resources for purposes of cultural practices, continued heritage teachings, stewardship, and comanagement of lands. Tribal monitoring is a method or tool to carry out agreed upon mitigation provisions, but alone is not a form of mitigation.
    2. If, after consultation with a California Native American tribe, avoidance is demonstrated to be infeasible, the resource shall be treated with culturally appropriate dignity using tribal cultural values and meaning of the resource.
    3. Relinquishing the ownership of the resources to the consulting California Native American tribe, for appropriate treatment as agreed upon by the California Native American tribe.
    4. Reburying or relocating the resources on the project property in a location that will be protected from further disturbance or harm in perpetuity by using permanent conservation easements or other interests in real property, with culturally appropriate management criteria.
    5. California Native American tribe access to the resources for purposes of cultural practices, continued heritage teachings, stewardship, and comanagement of lands.
22. Requires, as part of the objectives, criteria, and procedures, a lead agency to make provisions for possible tribal cultural resources inadvertently or accidentally discovered during construction that include any of the following:
    1. No further excavation or disturbance of the site or any nearby area reasonably suspected to relate to the discovery until consultation with the culturally affiliated California Native American tribe has been completed.
    2. An evaluation of the discovery by consulting the California Native American tribe.
    3. If the discovery is determined to be a tribal cultural resource based upon substantial evidence, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or other culturally appropriate mitigation shall be made available. Work may continue on other parts of the project site while tribal cultural resources mitigation takes place.
23. Finds and declares that specified sections apply to all cities, including charter cities.
24. Provides that no reimbursement is required by this act pursuant to the California Constitution.
25. Provides that if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made.

FISCAL EFFECT: Unknown

COMMENTS:

1. Indigenous peoples in California. In the early decades of California’s statehood, the relationship between the state and Native Americans Tribes was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities, as expressed by Governor McDougall in his 1851 address to the Legislature: “[t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected.”

During those subsequent years, Native American Tribes were enslaved by settlers and coerced to live in hastily organized reservations that provided little in the way of support, lacking game and suitable agricultural lands and water. Despite every effort to remove them, many Native American Tribes prevailed. Current state leaders have the opportunity to give them a greater voice in land management, ecosystem preservation, and co-governance to protect and restore California’s lands, and maintain the commitment to continue learning from them.

1. Tribal recognition. The OFA within the Office of the Assistant Secretary Indian Affairs implements the federal procedures for federally recognizing Indian Tribes. Federal acknowledgment of tribal existence is a prerequisite to the protection, services, and benefits of the federal government available to Indian Tribes by virtue of their status as tribes. The federal acknowledgment regulations establish procedures by which a non-federally recognized group may seek federal acknowledgment as an Indian tribe, establishing a government-to-government relationship with the United States. Within the government-to-government relationship, the federal government provides services directly or through contracts, grants, or compacts to 109 federally recognized Indian Tribes in California.

Tribes are federally recognized through three general pathways: an act of Congress, by the federal Administrative Procedures Act (25 Code of Federal Regulations Part 83), or by a decision of a United States Court. Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders, or other federal actions.

In the 1850s, at least 18 known treaties were negotiated between the President Fillmore and American Indian Nations in California and submitted to the US Senate, but the Senate rejected the treaties and sealed them for more than 50 years, leaving those tribes in limbo without any state or federal recourse. In the 1950s and 1960s, the federal government saw certain tribes as sufficiently capable of self-government, and thus "no longer in need of federal supervision." The government terminated its relationship with numerous tribes under this policy, including tribes in California such as the Taylorsville Rancheria. The Winnemem Wintu Tribe were dropped from the list of federally recognized Tribes in the 1980s, and have sense been trying to regain recognition. This year, Congresswoman Sydney Kamlager-Dove introduced H.R. 6859 to federally recognize the Gabrielino/Tongva Nation whose villages have been located in the Los Angeles Basin for thousands of years. 

California has the highest Native American population in the country and is also home to the majority of non-federally recognized tribes. There are at least 65 non-federally recognized tribes in California.

Currently, there are only six tribes under review to become recognized, and that includes two California tribes: the Southern Sierra Miwuk Nation from Yosemite Valley and the Ahmah Mutsun Band of Ohlone Indians from the San Francisco Bay Area. The Death Valley TimbiSha Shoshone Band is the only California tribe that has been recognized in the 44 years since the federal acknowledgement process was established.

Furthermore, the state Legislature has taken action to recognize California tribes, including Assembly Joint Resolution 48 (1993) to urge the federal government to recognize the Juaneño Band of Mission Indians, and Assembly Joint Resolution 39 (2007) to recognize the Winnemem Wintu Tribe.

1. State policies on Native American inclusion. NRA recognizes that California Native American Tribes and tribal communities have sovereign authority over their members and territories and a unique relationship with California’s resources. All California tribes and tribal communities, regardless of federal recognition, have distinct cultural, spiritual, environmental, and economic and public health interests and unique traditional cultural knowledge about California resources.

On September 19, 2011, Governor Brown issued Executive Order (EO) B-10-11 to direct state agencies and departments to implement effective government consultation with California Native American Tribes. That EO also sought to establish a tribal advisor under the Governor [the advisor was ultimately codified in AB 880 (Gray), Chapter 801, Statutes of 2018]. The purpose of the policy is to ensure effective government-to-government consultation between NRA, its departments and agencies, and Native American Tribes and tribal communities to further the mission and to provide meaningful input into the development of regulations, rules, policies, and activities that may affect tribal communities. Furthermore, the EO requires NRA and its departments to identify Native American Tribes to consult at the earliest possible time in the planning process and allow a reasonable opportunity for tribes to respond and participate.

On June 18, 2019, Governor Newsom issued EO N-15-19 acknowledging and apologizing on behalf of the state for the historical “violence, exploitation, dispossession and the attempted destruction of tribal communities” which dislocated California Native Americans from their ancestral land and sacred practices and establishes the California Truth and Healing Council. The destructive impacts of this forceful separation persist today, and meaningful, reparative action from the state can begin to address these wrongs in an effort to heal its relationship with California Native Americans. In addition, EO N-15-19 reaffirms and incorporates by reference the principles of government-to-government engagement established by EO B-10-11.

On September 25, 2020, Governor Newsom released a Statement of Administration Policy on Native American Ancestral Lands to encourage state entities to seek opportunities to support California Tribes’ co-management of and access to natural lands that are within a California tribe’s ancestral land and under the ownership or control of the state of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of State needs.

On October 7, 2020, Governor Newsom issued Executive Order No. N-82-20, which directed NRA to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces. As a result, NRA appointed an assistant Secretary for Tribal Affairs to help cultivate and ensure the participation and inclusion of tribal governments and communities within the work of NRA, supporting the effective integration of these governments’ and communities’ interests in environmental policymaking. The assistant also works to further support and expand the NRA’s effort to institutionalize tribal consultation practices into its program planning,

1. Identifying tribes. Established in 1976, the Commission is the primary government agency responsible for identifying and cataloging Native American cultural resources. In determining what tribes are affiliated with geography, remains, and items for purposes of consultation, agencies and entities turns rely on the Commission’s list. This bill addresses which tribes on the list are entitled to mandatory verses discretionary consultation. The author may wish to consider how nonfederally recognized tribes with unique features of sovereignty affirmed by the courts are listed by the Commission, and under which process those tribes would be consulted pursuant to the bill for General Plans and under CEQA. The author may also wish to consider whether any clarifying amendments are needed for providing direction to the Commission as it relates to updating the list when there is action by a court or the OFA as it relates to recognition.
2. Tribal consultation under CEQA. AB 52 (Gatto), Chapter 532, Statutes of 2014, established a process for a California Native American tribe to engage in the CEQA review process to avoid significant effects on tribal cultural resources. AB 52 also enacted mandatory Native American government-to-government tribal consultation processes, including processes for adopting culturally appropriate mitigation measures, with avoidance and preservation in place being the preference, confidentiality standards, and findings required by a lead agency when a CEQA project will cause adverse impacts to tribal cultural resources. By requiring consideration of tribal cultural resources early in the CEQA process, the legislative intent was to ensure that local and tribal governments, public agencies, and project proponents would have information available early in the project planning process to identify and address potential adverse impacts to tribal cultural resources. AB 52 requires the Commission provides each California Native American tribe with a list of all public agencies that may be a lead agency under CEQA within the geographic area with which the tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the tribe may request the public agency to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation.

Current law under AB 52 (Gatto) defined “California Native American tribe” as a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of SB 18 (Burton), Chapter 905 of the Statutes of 2004. (SB 18 required that list for purposes of involvement in a local government’s adoption or amendment to a general plan.) SB 18 required cities and counties to consult with California Native American tribes for the preservation of, or the mitigation of impacts to, specified Native American “places, features, and objects” when developing or amending their General Plans. Under SB 18, tribes must be provided notice and consultation if the Tribe is on the contact list maintained by the Commission.

According to this bill’s author’s findings and declarations, “the provisions of the law have been misunderstood and incorrectly effectuated by lead agencies, state and local governments, land use developers, and consultants.”

The bill boldly states that “California Native American tribes … hold the foremost expertise concerning their tribal cultural resources in those geographic areas.” Similarly, the Gabrieleno Band of Mission Indians Kizh Nation underscore the importance of consultation with the appropriate tribe, “Every tribe has their own particular nuances as to traditions and ceremony that differentiate from other tribes. Federally recognized tribes do not have the sensitivity of traditions handed down generation-after-generation of any other tribe. The same would be true if the non-federally recognized tribes were given priority over federally recognized tribes.”

The bill requires expands the Commission’s role in facilitating tribal consultation by assisting the lead agency in identifying the California Native American tribes that are traditionally and culturally affiliated with a project area.

Further, the bill would bifurcate the consultation process for federally and nonfederally recognized tribes. For federally recognized tribes, the consultation is a formal two-way government-to-government process, and requires respect for the tribe’s sovereignty. Nonfederally recognized tribes will have the right to participate in the review process as an additional consulting party if the tribe has demonstrated cultural affiliation with the project, and requires the lead agency to invite the culturally affiliated nonfederally recognized tribes to participate in the process.

The author’s intent is to draw the distinction that federal recognition affords tribes the unique status of being governments under federal law, to whereas California does not have a comparable process for recognizing tribes. Federal laws such as the Native American Graves Repatriation Act and the National Historic Preservation Act, give federally recognized tribes, but not nonfederally recognized tribes, standing for things such as repatriation and enforceable cultural resource protection agreements. They also require certain standards and responsibilities for federally recognized tribes to fully participate in those processes, which are not applicable to nonfederally recognized tribes. The author’s intent is for AB 52 to bolster nonfederally recognized tribes’ role in the protection of tribal cultural resources.

The Juaneño Band of Mission Indians, among others, expressed concern that “the bill will create a two-tiered system of tribal consultation in which federally recognized tribes are prioritized by the state for consultation, while non-federally recognized tribes are merely allowed to participate in consultations. Simply permitting us to sit at the table is not the same as recognizing our standing as a sovereign people. By relegating us to a consultative role while enshrining that only federally recognized tribes are legally entitled to government-to-government consultation with lead agencies and institutions under federal and state law, AB 52 not only diminishes our standing, it erases it, perpetuating an all too familiar practice of disregarding our rightful authority over our ancestral lands and sacred sites.”

1. Challenges with CEQA implementation. In the effort to improve tribal consultation, this bill can create delays for CEQA implementation, potentially frustrating a lead agency’s timely ability to complete review under CEQA. Examples include the deletion of a longstanding exemption for local governments pursuant to GC 5097.9, and PRC 21080.3.2 creates an open-ended timeframe for which review can be indefinite. Under the current law, a lead agency must begin the consultation process with the tribes that have requested consultation within 30 days of receiving the consultation request. That consultation concludes when either (1) the parties agree to measures to mitigate or avoid a significant effect if a significant effect exists, on a Tribal Cultural Resource, or (2) a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.

Establishing timeframes for each step of the process would provide scaffolding in the law to ensure there are not prolonged delays. The author may wish to work with tribes – both nonfederally recognized and federally recognized – to identify timeframes that are both appropriate for keeping the CEQA process moving while also being sensitive to the nature of the situation (i.e., identification of sacred objects, or descendent remains) and the fact that not all tribes are equally resourced.

Also, while nonfederally recognized tribes will be invited and have the right to participate on consultation, federal tribes will inherently be prioritized for consultation if there is a shared space where both tribes reside and have cultural, spiritual, and religious connections. Many local governments have long-established relationships with local tribes, and this bill can obfuscate a lead agency’s consultations if the list provided by the Commission differs from the tribal relationships the agency has. Additionally, the City of Corona notes that the bill will create confusion and conflict for conferring agencies where the Commission designates a nonfederally recognized tribe as a most likely descendant of remains discovered during construction. In such a situation, the nonfederally recognized tribe would be a consulting party to a federally recognized tribe that may or may not share similar traditional beliefs or practices.

1. Author’s statement:

California has made important progress in recognizing and protecting Tribal Cultural Resources, which include sacred places, cultural landscapes, and objects of deep significance to Native American Tribes. However, since the passage of AB 52, the law has been widely misunderstood by lead agencies, local governments, developers, and consultants leading to litigation instead of quicker deployment of development projects. Instead of prioritizing Tribal input, these entities have often allowed archaeologists to control the identification of TCRs, disregarding critical Tribal heritage information. As a result, Tribes have been forced to take legal action against lead agencies for failing to properly consult them, dismissing Tribal solutions, and relying on inaccurate archaeological findings to determine the fate of their cultural heritage.

AB 52 (Aguiar-Curry, 2025) strengthens the original 2014 law by ensuring that Tribal consultation is not just a procedural step but an ongoing, meaningful process throughout development. It clarifies that Tribal governments are the primary experts on their own cultural heritage and should have authority over how TCRs are identified and protected. To further support Tribal sovereignty and inclusivity, the bill also ensures that California Native American Tribes that are not federally recognized will be included on the Native American Heritage Commission’s contact list and will be able to participate in state cultural protection laws as consulting parties, similar to federal law. Strengthening these protections will reduce legal conflicts, allow projects to move forward with fewer delays, and reinforce California’s commitment to respecting Tribal sovereignty and addressing its history of dispossession.

1. Double referral. This bill is also referred to the Assembly Local Government Committee.
2. Related legislation. AB 1284 (Ramos), Chapter 657, Statutes of 2023, establishes the Tribal Cogovernance of Ancestral Lands and Waters Act to encourage the state to enter into agreements with federally recognized tribes for the purposes of shared responsibility, decision-making, and partnership in resource management and conservation within a tribe’s ancestral lands and waters.

REGISTERED SUPPORT / OPPOSITION:

Support

Agua Caliente Band of Cahuilla Indians
California Nations Indian Gaming Association
Federated Indians of Graton Rancheria
Habematolel Pomo of Upper Lake
Morongo Band of Mission Indians
Pala Band of Mission Indians
Pechanga Band of Indians

Opposition

Abundant Housing LA
All of US or None
Alliance for Boys and Men of Color
Amah Mutsun Land Trust
Amah Mutsun Tribal Band
Associated General Contractors of America, San Diego Chapter
Associated General Contractors of California
Barbareño/Ventureño Band of Mission Indians
Bay Area Council
Bay Area Native Allies Project
Boma California
Braiding Roots
California Alliance of Sovereign Tribal Nations
California Association of Realtors
California Building Industry Association
California Building Industry Association
California Business Properties Association
California Sportfishing Protection Alliance
Calwild
Chalon Indian Nation of California
Circulate San Diego
City of Corona
Coalition of California State Tribes
Communities United for Restorative Youth Justice
Concrete Development, INC.
Defenders of Wildlife
Eastern Sierra Land Trust
Ecodiversity
El Centro De Amistad
El Nido Family Centers
Friends of the Inyo
Friends of the River
Gabrielino Tongva Indians of California
Golden State Salmon Association
Green Foothills
Indigenous Justice
Juaneno Band of Mission Indians, Acjachemen Nation- Belardes
Kern Valley Indian Community
Kizh Nation San Gabriel Band of Mission Indians
Large-scale Solar Association
Legal Services for Prisoners With Children
League of California Cities

Mono Lake Kootzaduka'a Tribe
Muwekma Ohlone Indian Tribe of the San Francisco Bay Area
Naiop of California
National Federation of Independent Business
Native Sisters Circle
Nature for All
New Ways to Work, INC
Nor Rel Muk Wintu Nation
Northern Chumash Tribal Council
Ohlone/costanoan-esselen Nation
Orange County Business Council
Pakan'yani Maidu of Strawberry Valley Rancheria
Pit River Tribe
Ramaytush Tribe
Resource Renewal Institute
Restore the Delta
Sacred Places Institute for Indigenous Peoples
Salinan Nation Cultural Preservation Association
San Fernando Band of Mission Indians
San Francisco Baykeeper
San Luis Rey Band of Mission Indians
Save California Salmon
Sierra Club California
Southern California Leadership Council
Tataviam Land Conservancy
The Two Hundred
Tongva Taraxat Paxaavxa Conservancy
Transportation California
Tuolumne River Trust
Winnemem Wintu Tribe
Wukchumni Tribal Council
Wuksachi Indian Tribe
Xolon Salinan Tribe
Yak Tityu Tityu Yak Tiłhini – Northern Chumash Tribe of San Luis Obispo County and Region

Analysis Prepared by: Paige Brokaw / NAT. RES. /