CA Senate Bill 18 aims to increase tribal involvement in state planning.
“Prior to the adoption or any amendment of a city or county’s general plan, proposed on or after March 1, 2005, the city or county shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission [NAHC] for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code that are located within the city or county’s jurisdiction.”
“consultation” means 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.
GC 65352 (b)
Each entity receiving a proposed general plan or amendment of a general plan shall have 45 days from the date the referring agency mails it or delivers it in which to comment unless a longer period is specified by the planning agency.
CA Indian Tribes have 90 days to request a consultation and 45 days to comment on a proposed action
o Local Government or applicant makes proposal that involves a general plan/specific plan amendment, update or adoption.
o Local Government contacts the NAHC for list of Tribal contacts.
o Local Government contacts Tribes regarding the GP/SP amendment or adoption and offers consultation. (GC 65352.3)
o Tribe has 90 days to respond and to request consultation. (GC 65352.3) Local governments and tribes can agree upon shorter time frames.
o If a Tribe requests consultation, local government and Tribe engage in consultation for the purpose of preserving a cultural place.
o Local government sends notice 45 days prior to taking action on the GP/SP adoption or amendment (GC 65352)
o Local government sends notice 10 days prior to public hearing on the GP/SP adoption or amendment. (GC65092) Tribes must request this notice.
o Local government makes decision to approve or deny GP/SP adoption, update or amendment.
Senate Bill 18
