State agencies would protect California Indian religious practices on state lands

State agencies would not be allowed to substantially burden California Indian religious or spiritual practices on state lands. This covers California Indians and California Native American tribes, including access to sacred sites and objects, ceremonies, rites, and gathering traditional foods and plants on land owned by the state or a state agency. An agency could impose a burden when necessary to protect public safety or security only if it proves a compelling government interest and uses the least restrictive means. Routine administrative procedures and minor restrictions would not count as a substantial burden. State Capitol agencies would, to the greatest extent possible, uphold tribal religious freedom, ceremonies, sacred sites, cultural patrimony, and cultural landscapes. The new chapter would become operative January 1, 2028; its definition of a substantial burden covers agency actions or policies occurring on or after January 1, 2027.

A state agency would have to seek and document the affected tribe’s free, prior, and informed consent before making certain physical changes to a known sacred site. This applies when an agency knows that state land is a sacred site and the proposed physical change could destroy or alter it, limit access or quiet use, or cause long-term environmental harm to religious or spiritual practices. Consent from the tribe’s governing body would have to be in writing. If the tribe does not respond within the agency’s reasonable deadline, the agency could treat the silence as consent. If the tribe objects, the agency could request consultation to address the concerns. This requirement would become operative January 1, 2028, and would apply before the covered physical change is undertaken.

A California Native American tribe could challenge a violation in court or an administrative proceeding and seek court-ordered relief. Only a California Native American tribe could bring a claim under these provisions, and the tribe could raise a violation as either a claim or a defense. Available relief would include a declaration of rights, an order stopping or requiring action, reasonable attorney’s fees and costs for a prevailing party, and other equitable remedies. The bill’s protections would apply only to state-agency management actions involving state lands. These enforcement provisions would become operative January 1, 2028.

State agencies would have to keep information identifying tribal sacred sites, cultural landscapes, or religious practices confidential. The protection covers information an agency obtains for purposes of the California Indian Freedom Act, including information identifying sacred sites, cultural landscapes, or religious practices. The information would be exempt from public-records laws, including the California Public Records Act. The bill’s confidentiality provisions would not limit agreements allowing tribes to access state lands for religious, cultural, or ceremonial practices. The new public-records exemption would become operative January 1, 2028.