Tribal sovereignty in land use decision making: Evaluating cultural resource law in California

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Upholding Tribal sovereignty in land use decision making is an ongoing challenge, in part because Tribal sacred sites, cultural heritage sites, and other cultural resources exist in areas outside of Tribal jurisdiction. In 2014, California Assembly Bill 52 (AB 52) amended the California Environmental Quality Act to mandate Tribal consultation as part of environmental reviews. AB 52 creates a mechanism for Tribal consultation on a per-project basis and gives Tribes decision making authority where Tribal Cultural Resources (TCRs) are concerned, even when TCRs are located off-reservation. This study offers the first statewide evaluation of AB 52 consultation from Tribal and agency perspectives. Using two surveys, one with Tribal respondents ( n = 46) and one with agency respondents ( n = 56), we assessed the ongoing processes of Tribal consultation between Tribal and local governments around cannabis permitting. Focusing on AB 52 in cannabis permitting provides a lens for evaluating Tribal consultation and TCR protection more generally. Our study shows that AB 52 is not consistently applied in land use decision making and that it faces several barriers to implementation. We discuss these findings and suggest how environmental policies and agency processes can be strengthened in support of Tribal sovereignty.