Arizona 2024 Regular Session

Arizona Senate Bill SB1319 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: ADEQ; tribal consultations State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1319 Introduced by Senators Epstein: Alston, Burch, Hatathlie, Marsh, Mendez, Miranda An Act amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding section 49-105; relating to the department of environmental quality. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: ADEQ; tribal consultations
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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12	12	Introduced by Senators Epstein: Alston, Burch, Hatathlie, Marsh, Mendez, Miranda
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14	14	REFERENCE TITLE: ADEQ; tribal consultations
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46	46	Senators Epstein: Alston, Burch, Hatathlie, Marsh, Mendez, Miranda
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64	64	An Act
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68	68	amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding section 49-105; relating to the department of environmental quality.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-105, to read: START_STATUTE49-105. Additional duties of department; tribal consultations; notice A. The department shall consult and cooperate in good faith with all federally recognized Indian Tribes within this State before adopting policies, issuing permits or approvals or making other decisions that may affect the tribes and their interests. The department shall establish a consultation policy for each of the twenty-two federally recognized tribes in this state. B. Each Tribal Consultation Policy must include at least the following: 1. Provisions developed in direct consultation with Tribal Leaders that describe the Tribe's requirements for the process that the Department will use to engage in consultation. 2. The names or positions of the appropriate points of contact for the Tribe. 3. A map or geographic description of the areas within this state where the department's actions automatically require consultation with the Tribe. 4. All of the following statements: (a) That the department will carry out all consultations in a manner consistent with section 41-2051 and any Executive Order in effect regarding Consultation and Cooperation with this state's Tribes. (b) That the department will respect the sovereignty and self-determination of the Tribe. (c) That the department will engage in a government-to-government relationship with the Tribe. (d) That the department will recognize the moral obligations of the trust responsibility owed by the United States to the tribe. (e) That tribal consultation will be meaningful and timely to facilitate better understanding and informed decision-making. (f) That the tribe will be consulted throughout the department's decision-making process and before major actions are taken. (g) That the department will consider tribal views and traditional knowledge in developing any policies and actions that may impact the tribe. (h) That, if possible, the department will take appropriate measures to mitigate adverse environmental, economic, social, cultural or spiritual impacts to the tribe. C. The department shall publish all tribal consultation policies on the department's website within ninety days after the effective date of this section and shall notify the Governor's office on tribal relations, each of the twenty-two tribes of this state and any council or association that represents the interests of the tribes that the publication has occurred. The notice shall include instructions on how to obtain or otherwise access the policies. If a consultation policy is updated pursuant to subsection D of this section or for any other reason, the department shall post the revised policy on the department's website and provide notice as prescribed in this subsection. D. The department shall update each consultation policy prescribed by this section not later than December 31 of each even-numbered year after directly consulting with the tribal governments of each of the federally recognized tribes in this state. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-105, to read:
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84	84	START_STATUTE49-105. Additional duties of department; tribal consultations; notice
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86	86	A. The department shall consult and cooperate in good faith with all federally recognized Indian Tribes within this State before adopting policies, issuing permits or approvals or making other decisions that may affect the tribes and their interests. The department shall establish a consultation policy for each of the twenty-two federally recognized tribes in this state.
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88	88	B. Each Tribal Consultation Policy must include at least the following:
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90	90	1. Provisions developed in direct consultation with Tribal Leaders that describe the Tribe's requirements for the process that the Department will use to engage in consultation.
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92	92	2. The names or positions of the appropriate points of contact for the Tribe.
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94	94	3. A map or geographic description of the areas within this state where the department's actions automatically require consultation with the Tribe.
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96	96	4. All of the following statements:
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98	98	(a) That the department will carry out all consultations in a manner consistent with section 41-2051 and any Executive Order in effect regarding Consultation and Cooperation with this state's Tribes.
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100	100	(b) That the department will respect the sovereignty and self-determination of the Tribe.
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102	102	(c) That the department will engage in a government-to-government relationship with the Tribe.
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104	104	(d) That the department will recognize the moral obligations of the trust responsibility owed by the United States to the tribe.
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106	106	(e) That tribal consultation will be meaningful and timely to facilitate better understanding and informed decision-making.
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108	108	(f) That the tribe will be consulted throughout the department's decision-making process and before major actions are taken.
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110	110	(g) That the department will consider tribal views and traditional knowledge in developing any policies and actions that may impact the tribe.
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112	112	(h) That, if possible, the department will take appropriate measures to mitigate adverse environmental, economic, social, cultural or spiritual impacts to the tribe.
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114	114	C. The department shall publish all tribal consultation policies on the department's website within ninety days after the effective date of this section and shall notify the Governor's office on tribal relations, each of the twenty-two tribes of this state and any council or association that represents the interests of the tribes that the publication has occurred. The notice shall include instructions on how to obtain or otherwise access the policies. If a consultation policy is updated pursuant to subsection D of this section or for any other reason, the department shall post the revised policy on the department's website and provide notice as prescribed in this subsection.
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116	116	D. The department shall update each consultation policy prescribed by this section not later than December 31 of each even-numbered year after directly consulting with the tribal governments of each of the federally recognized tribes in this state. END_STATUTE