Existing law vests the Department of Transportation with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to make and enter into any contracts in the manner provided by law that are required for performance of its duties. Existing law requires that the department’s contracts with federally recognized Indian tribes be limited to activities related to on-reservation or off-reservation cultural resource management and environmental studies and off-reservation traffic impact mitigation projects on or connecting to the state highway system, as specified. Existing law requires that off-reservation traffic impact mitigation contracts with federally recognized Indian tribes meet certain requirements, including that the contracts provide for limited waivers of sovereign immunity by those Indian tribes for the state for the purpose of enforcing obligations arising from the contracted activities.

This bill would delete that limitation on the activities for which the department is authorized to contract with federally recognized Indian tribes, and would expressly authorize the department to enter into contracts with those tribes and entities owned by those tribes. The bill would subject off-reservation traffic impact mitigation contracts between the department and entities owned by those tribes to the same requirements as are applicable to department contracts with those tribes, and would delete the requirement that the contracts provide for limited waivers of sovereign immunity, as specified.