Analysis of Tribal Consultation Under California SB 18 and AB 52

Author
Greta Swanson
Cynthia Harris
Cecilia Diedrich
Zoe Vogel
Jesse Ferraioli
Date Released
September 2024
Analysis of Tribal Consultation Under California SB 18 and AB 52

The Environmental Law Institute (ELI) partnered with the National Association of Tribal Historic Preservation Officers, Dr. Jamie Donatuto, and Swinomish Elder Larry Campbell† to evaluate implementation of two Tribal consultation laws in California, Senate Bill 18 (SB 18) and Assembly Bill 52 (AB 52), with an emphasis on the impacts on Native American Tribes. Together, the laws require consultation with California Native American Tribes when local governments create or amend general or specific plans and undertake development projects that trigger the California Environmental Quality Act (CEQA). ELI conducted background research, interviewed Tribal, agency, and local government representatives along with consultants and experts on the laws; conducted a survey of California Tribes; and partnered with two Tribes on case studies of their experiences with consultation. In addition, Dr. Donatuto completed a set of Indigenous Health Indicators (IHIs) with one of the partner Tribes, which the Tribe may use to advance its goals for holistic Tribal health in Tribal planning and the Tribe’s interactions with local and state agencies.