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SB-712 Local government: California tribes: federal fee-to-trust applications to regain ancestral lands.(2021-2022)

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Date Published: 05/04/2021 09:00 PM
SB712:v96#DOCUMENT

Amended  IN  Senate  May 04, 2021
Amended  IN  Senate  April 19, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 712


Introduced by Senator Hueso
(Coauthor: Senator Hertzberg)

February 19, 2021


An 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 DIGEST


SB 712, as amended, 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 acquisition’s 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 a tribe from the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on its merits. the merits of the application. The bill would require a local government that opposes an application to include (1) request, by certified mail to the tribe, within 5 days of the notice of the application from the federal government, information on the economic benefits to the county from both the project that is the subject of the application and the tribe’s contribution to the local jurisdiction in the last 5 years years, and (2) if the tribe provides the information within 5 days of the local government’s 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 Lands

54260.
 The Legislature finds and declares all of the following:
(a) In the early decades of California’s 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, California’s 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 1850’s 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 California’s 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.
 (a)“Economic For the purposes of this article, the following terms shall have the following meanings:
(a) “Economic benefits” as used in this article 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.

(b)

(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).

(c)

(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 a federally-recognized tribe from the local government from conducting a fair evaluation of a fee-to-trust application based on its merits. the merits of the application.
(d) (1) If a A local government that opposes a fee-to-trust application, the local government shall also include application shall do both of the following:
(A) Request, by certified mail to the applicant tribe, within five days of receiving the notice from the federal government, information from the tribe on the economic benefits to the county from both the project that is the subject of the application and the tribe’s contribution to the local jurisdiction in the last five years in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response. years.

(2)In order to obtain information on the economic benefits not available to the local government, the local government shall request economic benefit information from the applicant tribe within five days of receiving notice of the fee-to-trust application from the federal government. If

(B) If the local government receives information on economic benefits from the applicant tribe within five days of the local government’s 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 respond provide information on economic benefits within five days of the request, the local government shall still include information regarding the economic benefits known to the local government or publicly available at that time in its response to the federal government. 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.