| 1 | | - | Senate Bill No. 712 CHAPTER 291An act to add Article 11 (commencing with Section 54260) to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government. [ Approved by Governor September 24, 2021. Filed with Secretary of State September 24, 2021. ] LEGISLATIVE COUNSEL'S DIGESTSB 712, Hueso. Local government: California tribes: federal fee-to-trust applications to regain ancestral lands.Existing federal law sets forth policies and procedures governing the acquisition of land by the United States in trust status for specified individuals and tribes. Existing federal law requires the Secretary of the Interior to notify the state and local governments having regulatory jurisdiction over the land to be acquired, and authorizes the state or local government to provide written comments as to the acquisitions potential impacts on regulatory jurisdiction, real property taxes, and special assessments.Existing law enumerates powers and duties common to cities, counties, and other agencies.This bill would encourage state and local governments, as defined, to work cooperatively with tribes in their fee-to-trust applications for purposes of regaining ancestral lands, and to support tribes in their nongaming fee-to-trust applications. The bill would prohibit local governments from adopting or enforcing a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on the merits of the application. The bill would require a local government that opposes an application to (1) request, by certified mail to the tribe, within 10 days of the notice of the application from the federal government, information on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last 5 years, and (2) if the tribe provides the information within 10 days of the local governments request, to include that information in any opposition letter or other document submitted to the federal government, as specified. By requiring additional duties by local governments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 11 (commencing with Section 54260) is added to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 11. Native American Ancestral Lands54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district.54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1 | + | Enrolled September 13, 2021 Passed IN Senate September 09, 2021 Passed IN Assembly September 08, 2021 Amended IN Assembly September 03, 2021 Amended IN Assembly July 05, 2021 Amended IN Senate May 04, 2021 Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 712Introduced by Senator Hueso(Coauthors: Senators Hertzberg, Newman, Rubio, and Wiener)(Coauthors: Assembly Members Eduardo Garcia and Waldron)February 19, 2021An act to add Article 11 (commencing with Section 54260) to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 712, Hueso. Local government: California tribes: federal fee-to-trust applications to regain ancestral lands.Existing federal law sets forth policies and procedures governing the acquisition of land by the United States in trust status for specified individuals and tribes. Existing federal law requires the Secretary of the Interior to notify the state and local governments having regulatory jurisdiction over the land to be acquired, and authorizes the state or local government to provide written comments as to the acquisitions potential impacts on regulatory jurisdiction, real property taxes, and special assessments.Existing law enumerates powers and duties common to cities, counties, and other agencies.This bill would encourage state and local governments, as defined, to work cooperatively with tribes in their fee-to-trust applications for purposes of regaining ancestral lands, and to support tribes in their nongaming fee-to-trust applications. The bill would prohibit local governments from adopting or enforcing a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on the merits of the application. The bill would require a local government that opposes an application to (1) request, by certified mail to the tribe, within 10 days of the notice of the application from the federal government, information on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last 5 years, and (2) if the tribe provides the information within 10 days of the local governments request, to include that information in any opposition letter or other document submitted to the federal government, as specified. By requiring additional duties by local governments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 11 (commencing with Section 54260) is added to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 11. Native American Ancestral Lands54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district.54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 14 | 28 | | |
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| 15 | 29 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 30 | | |
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| 17 | 31 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 32 | | |
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| 19 | 33 | | SB 712, Hueso. Local government: California tribes: federal fee-to-trust applications to regain ancestral lands. |
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| 20 | 34 | | |
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| 21 | 35 | | Existing federal law sets forth policies and procedures governing the acquisition of land by the United States in trust status for specified individuals and tribes. Existing federal law requires the Secretary of the Interior to notify the state and local governments having regulatory jurisdiction over the land to be acquired, and authorizes the state or local government to provide written comments as to the acquisitions potential impacts on regulatory jurisdiction, real property taxes, and special assessments.Existing law enumerates powers and duties common to cities, counties, and other agencies.This bill would encourage state and local governments, as defined, to work cooperatively with tribes in their fee-to-trust applications for purposes of regaining ancestral lands, and to support tribes in their nongaming fee-to-trust applications. The bill would prohibit local governments from adopting or enforcing a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on the merits of the application. The bill would require a local government that opposes an application to (1) request, by certified mail to the tribe, within 10 days of the notice of the application from the federal government, information on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last 5 years, and (2) if the tribe provides the information within 10 days of the local governments request, to include that information in any opposition letter or other document submitted to the federal government, as specified. By requiring additional duties by local governments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 22 | 36 | | |
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| 23 | 37 | | Existing federal law sets forth policies and procedures governing the acquisition of land by the United States in trust status for specified individuals and tribes. Existing federal law requires the Secretary of the Interior to notify the state and local governments having regulatory jurisdiction over the land to be acquired, and authorizes the state or local government to provide written comments as to the acquisitions potential impacts on regulatory jurisdiction, real property taxes, and special assessments. |
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| 24 | 38 | | |
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| 25 | 39 | | Existing law enumerates powers and duties common to cities, counties, and other agencies. |
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| 26 | 40 | | |
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| 27 | 41 | | This bill would encourage state and local governments, as defined, to work cooperatively with tribes in their fee-to-trust applications for purposes of regaining ancestral lands, and to support tribes in their nongaming fee-to-trust applications. The bill would prohibit local governments from adopting or enforcing a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on the merits of the application. The bill would require a local government that opposes an application to (1) request, by certified mail to the tribe, within 10 days of the notice of the application from the federal government, information on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last 5 years, and (2) if the tribe provides the information within 10 days of the local governments request, to include that information in any opposition letter or other document submitted to the federal government, as specified. By requiring additional duties by local governments, this bill would impose a state-mandated local program. |
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| 28 | 42 | | |
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| 29 | 43 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 30 | 44 | | |
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| 31 | 45 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 32 | 46 | | |
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| 33 | 47 | | ## Digest Key |
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| 34 | 48 | | |
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| 35 | 49 | | ## Bill Text |
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| 36 | 50 | | |
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| 37 | 51 | | The people of the State of California do enact as follows:SECTION 1. Article 11 (commencing with Section 54260) is added to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 11. Native American Ancestral Lands54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district.54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 38 | 52 | | |
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| 39 | 53 | | The people of the State of California do enact as follows: |
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| 40 | 54 | | |
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| 41 | 55 | | ## The people of the State of California do enact as follows: |
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| 42 | 56 | | |
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| 43 | 57 | | SECTION 1. Article 11 (commencing with Section 54260) is added to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 11. Native American Ancestral Lands54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district.54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government. |
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| 44 | 58 | | |
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| 45 | 59 | | SECTION 1. Article 11 (commencing with Section 54260) is added to Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, to read: |
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| 46 | 60 | | |
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| 47 | 61 | | ### SECTION 1. |
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| 48 | 62 | | |
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| 49 | 63 | | Article 11. Native American Ancestral Lands54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district.54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government. |
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| 50 | 64 | | |
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| 51 | 65 | | Article 11. Native American Ancestral Lands54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district.54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government. |
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| 52 | 66 | | |
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| 53 | 67 | | Article 11. Native American Ancestral Lands |
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| 54 | 68 | | |
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| 55 | 69 | | Article 11. Native American Ancestral Lands |
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| 56 | 70 | | |
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| 57 | 71 | | 54260. The Legislature finds and declares all of the following:(a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns.(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance. |
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| 61 | 75 | | 54260. The Legislature finds and declares all of the following: |
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| 63 | 77 | | (a) In the early decades of Californias statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the Act for the Government and Protection of Indians, which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering. |
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| 64 | 78 | | |
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| 65 | 79 | | (b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, Californias first Governor declared [t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected. Subsequently, the state authorized $1,290,000 in 1850s dollars to subsidize these militia campaigns. |
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| 66 | 80 | | |
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| 67 | 81 | | (c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds. |
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| 68 | 82 | | |
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| 69 | 83 | | (d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to Californias Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples. |
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| 70 | 84 | | |
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| 71 | 85 | | (e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter policy) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples. |
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| 72 | 86 | | |
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| 73 | 87 | | (f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things. |
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| 74 | 88 | | |
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| 75 | 89 | | (g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use. |
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| 76 | 90 | | |
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| 77 | 91 | | (h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance. |
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| 78 | 92 | | |
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| 79 | 93 | | 54261. For the purposes of this article, the following terms shall have the following meanings:(a) Economic benefits may include, but are not limited to the following:(1) Employment growth.(2) Housing development.(3) Infrastructure and environmental improvements.(4) Assistance to schools and education.(5) Assistance to public safety agencies and departments.(6) Assistance to nonprofit organizations.(b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).(d) Local government as used in this article refers to a county, a city, a city and county, and a special district. |
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| 83 | 97 | | 54261. For the purposes of this article, the following terms shall have the following meanings: |
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| 85 | 99 | | (a) Economic benefits may include, but are not limited to the following: |
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| 86 | 100 | | |
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| 87 | 101 | | (1) Employment growth. |
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| 88 | 102 | | |
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| 89 | 103 | | (2) Housing development. |
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| 90 | 104 | | |
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| 91 | 105 | | (3) Infrastructure and environmental improvements. |
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| 92 | 106 | | |
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| 93 | 107 | | (4) Assistance to schools and education. |
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| 94 | 108 | | |
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| 95 | 109 | | (5) Assistance to public safety agencies and departments. |
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| 96 | 110 | | |
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| 97 | 111 | | (6) Assistance to nonprofit organizations. |
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| 98 | 112 | | |
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| 99 | 113 | | (b) Fair evaluation of a fee-to-trust application means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. |
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| 100 | 114 | | |
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| 101 | 115 | | (c) Fee-to-trust refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151). |
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| 102 | 116 | | |
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| 103 | 117 | | (d) Local government as used in this article refers to a county, a city, a city and county, and a special district. |
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| 104 | 118 | | |
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| 105 | 119 | | 54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years.(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government. |
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| 106 | 120 | | |
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| 107 | 121 | | |
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| 108 | 122 | | |
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| 109 | 123 | | 54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands. |
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| 110 | 124 | | |
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| 111 | 125 | | (b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications. |
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| 112 | 126 | | |
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| 113 | 127 | | (c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application. |
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| 114 | 128 | | |
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| 115 | 129 | | (d) (1) A local government that opposes a fee-to-trust application shall do both of the following: |
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| 116 | 130 | | |
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| 117 | 131 | | (A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribes economic contribution to the local jurisdiction in the last five years. |
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| 118 | 132 | | |
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| 119 | 133 | | (B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local governments request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response. |
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| 120 | 134 | | |
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| 121 | 135 | | (2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government. |
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| 122 | 136 | | |
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| 123 | 137 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 124 | 138 | | |
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| 125 | 139 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 126 | 140 | | |
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| 127 | 141 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 128 | 142 | | |
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| 129 | 143 | | ### SEC. 2. |
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