Native American resources.

Assembly Member Aguiar-Curry's legislation overhauls California's framework for protecting Native American cultural resources by establishing more rigorous consultation requirements between government agencies and tribal nations. The bill revises how agencies engage with tribes during land use planning and development processes, while expanding tribes' ability to preserve sacred sites through conservation easements.

The legislation mandates formal government-to-government consultation between agencies and federally recognized tribes from the initial planning stages through the completion of mitigation measures. Agencies must defer to tribal expertise regarding culturally affiliated resources and provide tribes with comprehensive project information to enable meaningful dialogue. The bill also creates distinct roles for federally and non-federally recognized tribes, maintaining sovereign rights for federally recognized nations while allowing other tribes to participate as consulting parties.

Key changes include requiring open space preservation areas with appropriate buffers when multiple Native American remains are discovered during development, establishing the California Sacred Lands File to catalog Native American sacred places, and updating environmental review guidelines to incorporate tribal cultural resource considerations. The Native American Heritage Commission gains expanded oversight responsibilities, including maintaining detailed records of tribal lands and cultural affiliations.

The measure addresses implementation through specific deadlines - agencies must update consultation guidelines by March 2026 and adopt regulations for the Sacred Lands File by July 2028. While local agencies can levy fees to cover new requirements, the state will reimburse other mandated costs. The provisions apply uniformly across all California cities, including charter cities, reflecting the legislation's designation as addressing matters of statewide concern.