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SB 1326

California Environmental Quality Act: tribal cultural resources: mitigation measures.

2025-2026 Regular Session Introduced by Aisha Wahab

SB 1326 requires public agencies under CEQA to avoid or implement concrete, culturally appropriate mitigation to protect tribal cultural resources, with tribal input and defined pr

From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 22). Re-referred to Com. on APPR.
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Bill Summary · SB 1326

Summary of SB 1326 (2025-2026) – California Environmental Quality Act: tribal cultural resources: mitigation measures

Purpose and intent

SB 1326, introduced by Senator Wahab, aims to strengthen how the California Environmental Quality Act (CEQA) addresses tribal cultural resources (TCRs). The bill shifts the focus from a flexible set of mitigation concepts to a requirement that public agencies adopt concrete mitigation measures to avoid or minimize significant adverse impacts to TCRs. It also expands the definition of what qualifies as a TCR and emphasizes collaboration with California Native American tribes, including the Native American Heritage Commission (NAHC).

Key provisions and changes

  • Definition of tribal cultural resources (21074):

    • Broadens TCR inclusions to cover sites, features, places, cultural landscapes, sacred places, or objects of cultural value to a California Native American tribe.
    • Adds recognition of sacred places identified by the Native American Heritage Commission and resources listed in local tribal registers.
    • States that a TCR may also include resources identified as significant by the lead agency if supported by substantial evidence and considered significant to a tribe.
    • Clarifies that TCRs are a separate category from archaeological resources and that tribal methods/standards may be preferred for identifying TCRs; if the lead agency omits tribal methods, it must justify the decision with substantial evidence in environmental documents.

  • Mitigation and avoidance (21084.3):

    • Requires public agencies, when feasible, to avoid damaging TCRs.
    • If a project may cause substantial adverse changes to a TCR and no mitigation is identified in the consultation process, the lead agency must adopt mitigation measures to avoid or minimize adverse impacts. Examples include:
    • Avoidance and preservation of the resource in place (with protection of cultural and natural context).
    • Mitigation framed around culturally appropriate treatment, dignity, and confidentiality.
    • Permanent conservation easements or other real-property interests with appropriate management criteria.
    • Reburial or relocation of the resource to protect it in perpetuity.
    • Relinquishment of the resource to the consulting tribe.
    • Providing tribes access to the resource for cultural practices, stewardship, or co-management.
    • Requires avoidance and preservation in place to be considered if requested by the consulting tribe. If not feasible, the lead agency must document the basis for that determination with substantial evidence and still implement other measures to minimize impacts.
    • Tribes may identify culturally appropriate mitigation measures, which the lead agency must consider and, to the extent feasible, incorporate.
    • If the lead agency elects not to use tribal methods or knowledge, it must explain its decision with substantial evidence in the environmental documents.
    • Curation of TCRs in repositories requires tribal agreement and is subject to repatriation laws and fees.

  • Implementation and fiscal notes:

    • The bill imposes additional duties on local agencies, constituting a state-mandated local program.
    • The California Constitution provision states that no reimbursement is required for these new duties in this act.

Who is affected

  • Local and state public agencies responsible for CEQA reviews and environmental documents.
  • California Native American tribes, NAHC, and tribal registers (local tribal registers and sacred places identified by NAHC).
  • Project applicants and developers undergoing CEQA analysis, who may face new mitigation documentation requirements.

Procedural and timeline aspects

  • SB 1326 is currently in the legislative process with hearings scheduled (as of the provided actions): introduced February 20, 2026; referrals to committees; set for a hearing in April 2026. Final fate depends on committee action and floor vote.
  • The bill would become operative upon enactment, with its requirements applying to CEQA analyses for projects undergoing environmental review after its effective date.

Overall, SB 1326 seeks to strengthen protection for tribal cultural resources by mandating thoughtful, culturally informed mitigation strategies and clearer accounting of feasibility and alternatives within CEQA analyses.

Compiled from official sources — confirm details with the bill’s official record.

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