CA AB 52
Title: Native American resources.
Author: Cecilia M. Aguiar-Curry
Summary
AB 52, as amended, Aguiar-Curry. Native American resources. (1) Existing law finds and declares it to be the public policy and in the public interest of California to encourage the voluntary conveyance of conservation easements to qualified nonprofit organizations. Existing law defines the term “conservation easement” for these purposes, and authorizes certain entities and organizations to acquire and hold conservation easements, including a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission, to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed.This bill would instead authorize a California Native American tribe that is on the above-described contact list, to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, to acquire and hold conservation easements, if the conservation easement is voluntarily conveyed or otherwise conveyed pursuant to the California Environmental Quality Act.(2) Existing law establishes the Office of Land Use and Climate Innovation to serve the Governor and the Governor’s cabinet as staff for long-range planning and research and to constitute as the comprehensive state planning agency. Existing law requires the office to, among other things, encourage the formation and proper functioning of, and provide planning assistance to, city, county, district, and regional planning agencies. In connection with these responsibilities, existing law requires the office to develop and adopt guidelines for the preparation of and the content of the mandatory elements required in city and county general plans, as prescribed. By March 1, 2005, existing law requires the guidelines to contain advice, developed in consultation with the Native American Heritage Commission, for consulting with California Native American tribes, as specified.This bill would instead require, by March 1, 2026, the guidelines to contain advice, developed in consultation with California Native American tribes that are on the contact list administered and maintained by the Native American Heritage Commission, as described, and the Native American Heritage Commission, for consulting with and obtaining tribal information and knowledge from California Native American tribes, as specified. The bill would make related conforming changes.(3) Existing law, the Planning and Zoning Law and the Subdivision Map Act, requires local governments to hold public hearings regarding various land use actions contemplated by those governments and provide notice of those public hearings, as specified. Existing law requires specified notices to be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests. Existing law defines a “person” to include a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.This bill would instead require notice to be given, as described above, to any California Native American tribe that is on the contact list administered and maintained by the Native American Heritage Commission, as specified, that has filed a written request, as described above.(4) Existing law, the Planning and Zoning Law, requires a city, county, or city and county to prepare a general plan for its jurisdiction that contains certain mandatory elements and requires the local planning agency to provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups through public hearings and other appropriate
Status
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
Bill Documents
CA AB 52 - 03/10/25 - Amended Assembly
03/10/25 - CA AB 52 (03/10/25 - Amended Assembly)
CA AB 52 - 12/02/24 - Introduced
12/02/24 - CA AB 52 (12/02/24 - Introduced)