California AB 1881

Existing law establishes various protections for California Native American tribes, including prohibiting a public agency or private party using or occupying public property or operating on public property from interfering with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution. Existing law also requires a local government to provide formal notification to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, as provided. Existing law requires the local government, during the consultation, to give deference to the tribal information, tribal knowledge and customs, and the significance of the resource to the California Native American tribe. Existing law prohibits any information, as described, that is submitted by a California Native American tribe during the environmental review process from being included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, as specified, without the prior consent of the tribe that provided the information. Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill, the California Indian Freedom Act of 2026, would, commencing January 1, 2028, prohibit a governmental agency from substantially burdening a California Indian or California Native American tribe's exercise of religious beliefs or spiritual practices on state lands, except as necessary to protect public safety and security, including their access to and use of sacred sites and objects, and their ability to perform religious ceremonies and rites, even if the burden results from a rule of general applicability, unless the governmental agency demonstrates that application of the burden is in furtherance of a compelling governmental interest and is in the least restrictive means of furthering that interest. The bill would provide that a California Native American tribe has exclusive standing to assert a violation of these provisions and would authorize a California Native American tribe to assert a violation of these provisions as a claim or defense in any judicial or administrative proceeding, as specified. The bill would require a governmental agency to allow California Indians access to sacred sites on state lands, as specified. The bill would require a governmental agency to seek and document free, prior, and informed consent from affected tribes before undertaking any physical change to a state land, as described, which the agency has actual knowledge is a sacred site where the action may pose a risk to sacred sites, as specified. The bill would require the affirmation of consent from the governing body of the affected tribe to be in writing, as described. This bill would require the Department of General Services, in coordination with the Capitol Protective Section and the Joint Rules Committee, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol grounds. The bill would require the Joint Rules Committee, in coordination with the Capitol Protective Section and the State Senate Capitol Security Program, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol Building, as specified. This bill would provide that the application of the act is strictly limited to a governmental agency's management actions that involve only state lands, as specified. The bill would declare that specified provisions of the bill do not apply to the authority of the State Water Resources Control Board to authorize, curtail, or otherwise regulate the diversion and use of water, or to the Porter-Cologne Water Quality Control Act. This bill would require information identifying sacred sites, cultural landscapes, or religious practices obtained by a governmental agency for the purposes of the California Indian Freedom Act of 2026 to be confidential and would exempt this information from public record laws, including the California Public Records Act. The bill would revise the list of exempted records under the California Public Records Act to add the above-described exemption. The bill would prohibit the provisions of the act from being construed to limit or restrict the authority of the state or any state agency to enter into an agreement, memorandum of understanding, or other arrangement with any tribe to allow access to any state lands for the purpose of conducting religious, cultural, or ceremonial practices. The bill would define various terms for these purposes and would make related legislative findings. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.