Earlier this week, RCRC Vice Chair Lee Adams (Sierra County) testified before the Senate Environmental Quality Committee in opposition to Assembly Bill 52 (Gatto), which would include in CEQA requirements for consultation between local governments and tribal governments.  Other issues of concern to counties include the open ended definition of “tribal cultural resources,” the prohibition on disclosure of the location and nature of a tribal cultural resource to the project proponents, and the increased potential for litigation for lead agencies.  

In his testimony, Supervisor Adams highlighted that RCRC is open to developing alternative methods of local government and tribal consultation on a project-by-project basis outside of CEQA, a position echoed by many of those who testified in opposition to the bill.  Opponents included local jurisdictions, agriculture, building and business interests, solar, and non-federally recognized tribes who objected to their exclusion from the provisions of the bill.  AB 52 defines “Native American tribe” as a federally recognized tribe located in California.  The legislation passed out of committee on a 6-0 vote.  The bill will next be heard in the Senate Appropriations Committee. 

The hearing on the bill lasted approximately ninety minutes.  After the testimony, the Committee and the author discussed more than 20 recommended amendments to the bill contained in the bill analysis.  Gatto accepted the majority of the amendments, and agreed to work on others.  RCRC staff  is currently reviewing the bill as amended in Committee to determine how and if issues of concern are addressed. 

The text of AB 52, as well as analysis and vote can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 or kmannion@rcrcnet.org.