Native American resources.

Assembly Member Aguiar-Curry's legislation overhauls California's framework for protecting Native American cultural resources by establishing more robust consultation requirements between government agencies and tribes while strengthening preservation measures for sacred sites and burial grounds.

The bill requires the Native American Heritage Commission to create and maintain a comprehensive California Sacred Lands File documenting Native American cultural sites on public and private lands. It mandates that local agencies engage in formal government-to-government consultation with federally recognized tribes and enables non-federally recognized tribes to participate as consulting parties when culturally affiliated with project areas.

Under the new provisions, consultation must begin early in planning processes and continue through the completion of mitigation measures. Agencies must provide tribes with technical information, project details, and environmental documentation to facilitate meaningful dialogue. The legislation gives deference to tribal knowledge in identifying cultural resources and determining appropriate preservation approaches, with avoidance of impacts being the preferred mitigation strategy.

The measure eliminates existing exemptions that limited protections on certain public properties and establishes strict protocols when Native American remains are discovered during development, including requirements to preserve burial sites through open space designations. It also enhances confidentiality protections for sensitive tribal cultural information while maintaining transparency in environmental review processes through general descriptions in public documents.