SB 1326: California Environmental Quality Act: tribal cultural resources: mitigation measures.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA requires a lead agency, before releasing an environmental review document for a project, to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, as provided. CEQA authorizes the parties, as a part of the consultation, to propose mitigation measures capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. CEQA defines a tribal cultural resource as including, among other things, a site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe that is included or determined to be eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources, as provided.

This bill would modify the definition of tribal cultural resource to, among other things, include a site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe that is identified by the Native American Heritage Commission as a sacred place, as provided, or included in a local tribal register and provided to the lead agency by a consulting California Native American tribe.

CEQA requires public agencies, when feasible, to avoid damaging effects to tribal cultural resources and specifies mitigation measures that may be considered to avoid or minimize significant adverse impacts to tribal cultural resources if the consultation process fails to result in agreed-upon mitigation measures.

This bill would revise and recast those provisions to instead require a lead agency, when feasible, to adopt mitigation measures, as provided, to avoid or minimize the significant adverse impacts to tribal cultural resources. The bill would require avoidance and preservation of the resource in place to be considered when requested by the consulting California Native American tribe, and if avoidance and preservation are determined to not be feasible, the bill would require the lead agency to document the basis for that determination with substantial evidence and, when feasible, to incorporate other measures to avoid or minimize significant adverse impacts to the resource consistent with CEQA. The bill would authorize the consulting California Native American tribe to identify culturally appropriate mitigation measures, which the bill would require the lead agency to consider and incorporate, to the extent feasible, in developing mitigation and treatment measures.

This bill would require the lead agency, if archaeological methods and standards are used in the identification of tribal cultural resources instead of tribal methods and standards or tribal traditional knowledge submitted by a California Native American tribe during tribal consultation, to explain its decision to use archaeological methods and standards. The bill would require the lead agency, if treatment and mitigation measures preferred and submitted by a California Native American tribe during tribal consultation are not recommended for adoption by the lead agency, to explain its decision.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 13, 2026August 13 hearing: Held in committee and under submission.
2. August 5, 2026August 5 set for first hearing. Placed on suspense file.
3. June 23, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 22). Re-referred to Com. on APPR.
4. June 11, 2026From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
5. June 1, 2026Referred to Com. on NAT. RES.
6. May 22, 2026In Assembly. Read first time. Held at Desk.
7. May 22, 2026Read third time. Passed. (Ayes 33. Noes 0. Page 4420.) Ordered to the Assembly.
8. May 20, 2026Ordered to special consent calendar.
9. May 14, 2026Read second time. Ordered to third reading.
10. May 14, 2026From committee: Do pass. (Ayes 7. Noes 0. Page 4273.) (May 14).
11. May 8, 2026Set for hearing May 14.
12. May 4, 2026May 4 hearing: Placed on APPR. suspense file.