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California Assembly Bill AB2225

California 2021-2022 Regular Session

California Assembly Bill AB2225 Compare Versions

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1-Amended IN Assembly May 19, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2225Introduced by Assembly Member Ward(Coauthor: Assembly Member Ramos)February 15, 2022 An act to add Division 9.5 (commencing with Section 9980) to the Public Resources Code, relating to resource conservation. LEGISLATIVE COUNSEL'S DIGESTAB 2225, as amended, Ward. Resource conservation: Native American tribes: traditional ecological knowledge: land management plans. policy: conservation and management of lands.Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.This bill would require the agency, on or before no later than January 1, 2024, to conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. defined. The bill would require the agency, after completing the listening tour, but no later than January July 1, 2024, in consultation with the Governors tribal advisor, to adopt a policy for incorporating regarding the states collection, acquisition, storage, and use of traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, knowledge, as provided. The bill, among other things, bill would require, on and after January July 1, 2024, the agency and the departments, boards, conservancies, and commissions every department, board, conservancy, and commission under the agency to to, among other things, incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided. described above, including in guidelines for grant programs that offer land conservation or management funding.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:(1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.(2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.(3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.(4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.(5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.(6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.(b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.(c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.(d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.(e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:(1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.(2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.(3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.(f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.(g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.(h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b)(1)After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.(c)(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982.(a)(1)On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2)If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b)On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
1+CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2225Introduced by Assembly Member WardFebruary 15, 2022 An act to add Division 9.5 (commencing with Section 9980) to the Public Resources Code, relating to resource conservation. LEGISLATIVE COUNSEL'S DIGESTAB 2225, as introduced, Ward. Resource conservation: traditional ecological knowledge: land management plans.Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.This bill would require the agency, on or before January 1, 2024, to conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. The bill would require the agency, after completing the listening tour, but no later than January 1, 2024, to adopt a policy for incorporating traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, as provided. The bill, among other things, would require, on and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency to incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:(1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.(2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.(3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.(4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.(5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.(6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.(b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.(c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.(d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.(e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:(1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.(2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.(3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.(f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.(g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.(h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
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3- Amended IN Assembly May 19, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2225Introduced by Assembly Member Ward(Coauthor: Assembly Member Ramos)February 15, 2022 An act to add Division 9.5 (commencing with Section 9980) to the Public Resources Code, relating to resource conservation. LEGISLATIVE COUNSEL'S DIGESTAB 2225, as amended, Ward. Resource conservation: Native American tribes: traditional ecological knowledge: land management plans. policy: conservation and management of lands.Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.This bill would require the agency, on or before no later than January 1, 2024, to conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. defined. The bill would require the agency, after completing the listening tour, but no later than January July 1, 2024, in consultation with the Governors tribal advisor, to adopt a policy for incorporating regarding the states collection, acquisition, storage, and use of traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, knowledge, as provided. The bill, among other things, bill would require, on and after January July 1, 2024, the agency and the departments, boards, conservancies, and commissions every department, board, conservancy, and commission under the agency to to, among other things, incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided. described above, including in guidelines for grant programs that offer land conservation or management funding.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2225Introduced by Assembly Member WardFebruary 15, 2022 An act to add Division 9.5 (commencing with Section 9980) to the Public Resources Code, relating to resource conservation. LEGISLATIVE COUNSEL'S DIGESTAB 2225, as introduced, Ward. Resource conservation: traditional ecological knowledge: land management plans.Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.This bill would require the agency, on or before January 1, 2024, to conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. The bill would require the agency, after completing the listening tour, but no later than January 1, 2024, to adopt a policy for incorporating traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, as provided. The bill, among other things, would require, on and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency to incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Amended IN Assembly May 19, 2022
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7-Amended IN Assembly May 19, 2022
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 2225
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15-Introduced by Assembly Member Ward(Coauthor: Assembly Member Ramos)February 15, 2022
15+Introduced by Assembly Member WardFebruary 15, 2022
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17-Introduced by Assembly Member Ward(Coauthor: Assembly Member Ramos)
17+Introduced by Assembly Member Ward
1818 February 15, 2022
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2020 An act to add Division 9.5 (commencing with Section 9980) to the Public Resources Code, relating to resource conservation.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 2225, as amended, Ward. Resource conservation: Native American tribes: traditional ecological knowledge: land management plans. policy: conservation and management of lands.
26+AB 2225, as introduced, Ward. Resource conservation: traditional ecological knowledge: land management plans.
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28-Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.This bill would require the agency, on or before no later than January 1, 2024, to conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. defined. The bill would require the agency, after completing the listening tour, but no later than January July 1, 2024, in consultation with the Governors tribal advisor, to adopt a policy for incorporating regarding the states collection, acquisition, storage, and use of traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, knowledge, as provided. The bill, among other things, bill would require, on and after January July 1, 2024, the agency and the departments, boards, conservancies, and commissions every department, board, conservancy, and commission under the agency to to, among other things, incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided. described above, including in guidelines for grant programs that offer land conservation or management funding.
28+Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.This bill would require the agency, on or before January 1, 2024, to conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. The bill would require the agency, after completing the listening tour, but no later than January 1, 2024, to adopt a policy for incorporating traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, as provided. The bill, among other things, would require, on and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency to incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided.
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3030 Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the states natural and cultural resources.
3131
32-This bill would require the agency, on or before no later than January 1, 2024, to conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. defined. The bill would require the agency, after completing the listening tour, but no later than January July 1, 2024, in consultation with the Governors tribal advisor, to adopt a policy for incorporating regarding the states collection, acquisition, storage, and use of traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, knowledge, as provided. The bill, among other things, bill would require, on and after January July 1, 2024, the agency and the departments, boards, conservancies, and commissions every department, board, conservancy, and commission under the agency to to, among other things, incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided. described above, including in guidelines for grant programs that offer land conservation or management funding.
32+This bill would require the agency, on or before January 1, 2024, to conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge, as defined, and provide reimbursement to the tribes for this consultation, as provided. The bill would require the agency, after completing the listening tour, but no later than January 1, 2024, to adopt a policy for incorporating traditional ecological knowledge into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency, as provided. The bill, among other things, would require, on and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency to incorporate the policy of traditional ecological knowledge into land management plans for lands managed for conservation purposes, as provided.
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3434 ## Digest Key
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3636 ## Bill Text
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38-The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:(1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.(2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.(3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.(4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.(5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.(6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.(b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.(c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.(d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.(e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:(1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.(2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.(3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.(f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.(g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.(h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b)(1)After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.(c)(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982.(a)(1)On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2)If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b)On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
38+The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:(1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.(2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.(3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.(4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.(5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.(6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.(b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.(c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.(d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.(e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:(1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.(2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.(3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.(f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.(g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.(h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. The Legislature finds and declares all of the following: (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:(1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.(2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.(3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.(4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.(5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.(6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.(b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.(c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.(d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.(e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:(1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.(2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.(3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.(f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.(g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.(h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.
4545
4646 SECTION 1. The Legislature finds and declares all of the following: (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:(1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.(2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.(3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.(4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.(5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.(6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.(b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.(c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.(d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.(e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:(1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.(2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.(3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.(f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.(g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.(h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.
4747
4848 SECTION 1. The Legislature finds and declares all of the following:
4949
5050 ### SECTION 1.
5151
5252 (a) California faces a biodiversity crisis, with nature in a steep decline. Scientists are documenting a rapid loss of natural areas and wildlife in California, the United States, and throughout the world, including all of the following:
5353
5454 (1) From 2001 to 2017, a quantity of natural areas equal to the size of a football field disappeared to development every 30 seconds in the United States, constituting more than 1,500,000 acres per year. During this period, California lost more than 1,000,000 acres of natural area.
5555
5656 (2) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that approximately 1,000,000 plant and animal species are threatened with extinction over the coming decades as a result of land conversion, water diversions, development, climate change, invasive species, pollution, other stressors, and direct exploitation, including wildlife trade.
5757
5858 (3) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that more than 500,000 terrestrial species have insufficient habitat for long-term survival without habitat restoration.
5959
6060 (4) At least 686 California species are at risk of future extinction, and native species in California have already declined by 20 percent.
6161
6262 (5) Climate change is accelerating the decline of nature in California and the United States by reducing the ability of ecosystems to provide clean water and regulate water flows, limiting the ability of nature to buffer communities against disasters, such as fires, storms, floods, and marine heatwaves. Many of these changes disproportionately impact the health of communities of color and indigenous populations, and have far-reaching effects on marine and terrestrial wildlife, including by altering habitats, forcing changes to migratory patterns, altering the timing of biological events, causing shifts in species distributions, and warming and acidifying the ocean.
6363
6464 (6) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters.
6565
6666 (b) Executive Order No. B-10-11 established a tribal advisor under the Governor and directed the tribal advisor to oversee and implement effective government-to-government consultation with tribes on policies that affect California tribal communities. Executive Order No. N-15-19 reaffirmed and incorporated by reference the principles in that order.
6767
6868 (c) The Natural Resources Agency adopted a tribal consultation policy in 2012 to ensure effective government-to-government consultation between the Natural Resources Agency, departments of the Natural Resources Agency, and Native American tribes and tribal communities to provide meaningful input into the development of regulations, rules, policies, programs, projects, plans, property decisions, and activities that may affect tribal communities.
6969
7070 (d) Governor Gavin Newsom released a Statement of Administration Policy on Native American Ancestral Lands on September 25, 2020, to encourage state entities to seek opportunities to support California tribes comanagement of and access to natural lands that are within a California tribes ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of state needs.
7171
7272 (e) To combat the climate and biodiversity crises, Governor Gavin Newsom issued Executive Order No. N-82-20, which did all of the following:
7373
7474 (1) Established a goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030.
7575
7676 (2) Established the California Biodiversity Collaborative to protect and restore the states biodiversity directing state agencies to consult with the collaborative on efforts to establish a baseline assessment of Californias biodiversity that, among others, uses traditional ecological knowledge.
7777
7878 (3) Directed the Natural Resources Agency to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces.
7979
8080 (f) Traditional ecological knowledge can provide a fundamental tool for restoration and conservation management. Before European American contact, Native American tribes managed and stewarded Californias terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment.
8181
8282 (g) Tribal methods of protecting and managing land can be an essential and fundamental part of a concerted effort to successfully restore biodiversity. However, the state lacks a policy to partner and collaborate with Native American tribes to incorporate traditional ecological knowledge in the states land management and conservation activities.
8383
8484 (h) Tribes have an important role in protecting and managing land and should be represented at local and regional levels as advisors, managers, and comanagers to provide their expertise on region-specific conservative initiatives and actions.
8585
86-SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b)(1)After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.(c)(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982.(a)(1)On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2)If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b)On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
86+SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
8787
8888 SEC. 2. Division 9.5 (commencing with Section 9980) is added to the Public Resources Code, to read:
8989
9090 ### SEC. 2.
9191
92-DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b)(1)After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.(c)(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982.(a)(1)On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2)If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b)On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
92+DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
9393
94-DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b)(1)After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.(c)(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982.(a)(1)On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2)If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b)On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
94+DIVISION 9.5. Traditional Ecological Knowledge9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
9595
9696 DIVISION 9.5. Traditional Ecological Knowledge
9797
9898 DIVISION 9.5. Traditional Ecological Knowledge
9999
100-9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.
100+9980. For purposes of this division, the following definitions apply: (a) Agency means the Natural Resources Agency.(b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.(c) Free, prior, and informed consent means all of the following:(1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.(2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.(3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.(4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.(d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.
101101
102102
103103
104104 9980. For purposes of this division, the following definitions apply:
105105
106106 (a) Agency means the Natural Resources Agency.
107107
108108 (b) Cause no harm means identifying and avoiding risks that could lead to loss of or misappropriation of traditional ecological knowledge.
109109
110110 (c) Free, prior, and informed consent means all of the following:
111111
112112 (1) The consent of Native American tribes to share their traditional ecological knowledge cannot be given under force of threat.
113113
114114 (2) Native American tribes receive the draft proposed policy and any relevant information with enough time to review it.
115115
116116 (3) The information provided to Native American tribes is detailed, emphasizes both the potential positive and negative impacts of the proposed policy, and is presented in a language and format understood by the community.
117117
118118 (4) Native American tribes have the right to agree or not agree to share their traditional ecological knowledge and may withdraw their consent at any time.
119119
120120 (d) Native American tribe means a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.
121121
122-(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the environment, cultural landscapes, and traditional practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.
122+(e) Traditional ecological knowledge means the knowledge held by indigenous cultures about their immediate environment and the cultural practices that build on that knowledge. Traditional ecological knowledge includes an intimate and detailed knowledge of plants, animals, and natural phenomena, the development and use of appropriate technologies for hunting, fishing, trapping, agriculture, and forestry, and a holistic knowledge, or world view that parallels the scientific discipline of ecology.
123123
124-9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b)(1)After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.(c)(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.
124+9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).(b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.
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128-9981. (a) On or before No later than January 1, 2024, the agency shall conduct a listening tour of regional workshops with Native American tribes across the state to solicit their initial the input, priorities, and concerns of Native American tribes regarding the states collection, acquisition, storage, and use of traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).
128+9981. (a) On or before January 1, 2024, the agency shall conduct a listening tour of Native American tribes across the state to solicit their initial input, priorities, and concerns regarding traditional ecological knowledge. During the development of the policy identified in subdivision (b), the agency shall consult with Native American tribes from across the state and shall provide at least one draft for comment by Native American tribes. The agency shall provide reimbursement for this consultation, pursuant to paragraph (2) of subdivision (b).
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130130 (b) (1) After completing the listening tour described in subdivision (a), but no later than January 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy for incorporating traditional ecological knowledge, where appropriate and freely shared, into the conservation and management of lands owned or managed by the agency or the departments, boards, conservancies, or commissions under the agency. The policy shall incorporate the principles of cause no harm and free, prior, and informed consent and shall include protections for the intellectual property of Native American tribes.
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132+(2) In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.
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134+(c) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.
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134-(2)In developing the policy identified in paragraph (1), the agency shall implement guidance on reimbursement and contracts. The guidance shall be consistent with the way that the agency pays other subject matter experts for their expertise.
136+9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.(2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.(b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
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138-(b) No later than July 1, 2024, the agency, in consultation with the Governors tribal advisor, shall adopt a policy regarding the states collection, acquisition, storage, and use of traditional ecological knowledge that incorporates the principles of cause no harm and free, prior, and informed consent and that includes, but is not limited to, all of the following:
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140-(1) Direction and guidance for consulting with Native American tribes for the purpose of collecting, acquiring, storing, and using traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the agency or its departments, boards, conservancies, or commissions. This shall include direction and guidance for formal consultation with the tribal decisionmaking authority of a Native American tribe.
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142-(2) Direction and guidance to protect traditional ecological knowledge from unauthorized distribution or use, including, but not limited to, both of the following:
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144-(A) Direction and guidance for when traditional ecological knowledge shared during the creation and implementation of the policy will be protected from public records requests, and when it is subject to disclosure, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
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146-(B) Direction and guidance for third-party distribution and use, when authorized by the relevant Native American tribe.
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148-(3) Direction and guidance to reimburse Native American tribes for the use of traditional ecological knowledge and for any services provided to the state by Native American tribes. This shall include direction and guidance regarding contracting with Native American tribes.
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150-(c) Before adopting the policy identified in subdivision (b), the agency shall do both of the following:
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152-(1) Provide at least one draft of the policy to each Native American tribe described in subdivision (d) of Section 9980 for comment.
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154-(2) Provide opportunities for Native American tribes to engage in informal consultation with the agency on the draft.
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156-(c)
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160-(d) It is the intent of the Legislature that the implementation of this section honor and uphold the sovereignty of Native American tribes and respect the intellectual property rights of Native American tribes. The adoption of a policy shall be guided and informed by formal consultation with the tribal decisionmaking authority of Native American tribes.
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164-(a)(1)On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.
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140+9982. (a) (1) On and after January 1, 2024, the agency and the departments, boards, conservancies, and commissions under the agency shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into land management plans for lands managed for conservation purposes.
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168142 (2) If the agency contracts with a Native American tribe on policy implementation and consultation strategies for purposes of this section, the Native American tribe shall be located regionally within close proximity and, where possible, comprised of representatives indigenous to the specified land area.
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172144 (b) On and after January 1, 2024, the agency or the departments, boards, conservancies, or commissions under the agency who administer grants for land management and conservation purposes shall incorporate the policy of traditional ecological knowledge pursuant to subdivision (b) of Section 9981 into their guidelines. The guidelines shall provide guidance for grantees, where appropriate, to contract with Native American tribes and compensate for their expertise.
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176-9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
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180-9982. On and after July 1, 2024, every department, board, conservancy, and commission under the agency shall do all of the following:
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182-(a) Incorporate the policy adopted by the agency pursuant to subdivision (b) of Section 9981 into the department, board, conservancy, or commissions policies, including in guidelines for grant programs that offer land conservation or management funding.
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184-(b) Identify regionally appropriate opportunities to partner with Native American tribes to incorporate traditional ecological knowledge into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.
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186-(c) Provide opportunities for Native American tribes to engage in formal consultation to share traditional ecological knowledge in order to incorporate this knowledge, where appropriate, into the conservation and management of lands owned or managed by the department, board, conservancy, or commission.