AB 52 Tribal Consultation Best Practices
• Goals of AB 52 Tribal Consultation Should Be:
• To discuss mandatory and discretionary topics requested by tribe, particularly significance of tribal cultural resources, avoidance, preservation in place, and/or mitigation measures;
• To achieve resolution on those topics; and
• If resolution is not possible, to document why and what efforts were made.
What AB 52 Tribal Consultation Should Not Be:
• An information exchange in order to discuss mandatory and discretionary topics – information needed to conduct AB 52 tribal consultation should be gathered in advance.
• Remember – EIR, MND or ND for a project with a significant impact on an identified tribal cultural resource cannot be certified until tribal consultation, if requested and engaged in, is completed.