Tribal Consultation at the Commission

California is home to the largest number of tribes in the contiguous United States, with the Department of the Interior,  Bureau of Indian Affairs  (BIA) currently recognizing  109 California Tribes , and with the  Native American Heritage Commission  (NAHC) currently acknowledging  55 additional California Tribes and tribal communities .

It is important to recognize that the entire coastal zone was  originally indigenous territory  that likely has some cultural significance.

In recent years, the State of California and the federal government have adopted a number of executive orders, statutes, guidance documents, and other policy directives intended to improve communications between public agencies and federally- and non-federally-recognized California Native American Tribes (Tribes) and to protect tribal cultural resources.

In 2011, Governor Brown issued  Executive Order B-10-11 , establishing the policy that every state agency shall encourage communication and consultation with California Native American Tribes. The following year, the California Natural Resources Agency adopted a Tribal Consultation Policy and encouraged its constituent agencies, including the Coastal Commission, to do the same. 

In 2014, the State enacted  AB 52 , which requires public agencies to consult with California Native American Tribes during the CEQA process. The law directs the Native American Heritage Commission (NAHC) to assist public agencies in identifying the California Native American Tribes that are traditionally and culturally affiliated with a project area, and establishes a process for consulting with Tribes regarding a project’s impacts on tribal cultural resources. The following digital atlas is a tool created by the NAHC and can help identify the tribes that have cultural ties to specific territories/land. 

The California Coastal Commission is a state agency charged with preserving and protecting California’s coast and ocean by regulating new development along the coast, while balancing the protection of coastal resources, environmentally sensitive habitats, and public access.

This requires careful planning, regulation of environmentally sustainable development, rigorous use of science, strong public participation, education, and effective intergovernmental coordination.  

The Commission’s mission is to protect, maintain, and, where feasible, enhance and restore, the resources of California’s coast and ocean for present and future generations. Consistent with this mission, the Commission values and encourages expressions of traditional ecological knowledge. 

In 2018, after multiple public hearings and extensive coordination with California Native American Tribes and other interested groups, the California Coastal Commission adopted its  Tribal Consultation Policy . The policy provides guidance to agency staff for maintaining effective communication with tribes.

The policy sets out procedures for consultation and meaningful engagement between staff and tribes, provides for the designation of agency tribal liaisons, and requires consideration of tribal cultural resources (not just archaeological resources) in planning and permitting decisions.

The document is intended to strengthen the agency’s relationships with Native American Tribes, while encouraging further outreach and collaboration.

The infographic below highlights some changes at the agency following the adoption of the Tribal Consultation Policy in August 2018, including:

• Creation of a statewide tribal liaison team;
• Establishment of tribal consultation procedures;
• Commission all-staff training focused on the implementation of the policy; and
• Identification and consideration of tribal cultural resources in planning and permitting decisions.

In carrying out the Coastal Commission’s Tribal Consultation Policy, agency staff routinely perform outreach and consultation with Tribes regarding projects along the coast. As a result of consultation, Commission staff often include conditions on project permits to further protect tribal cultural resources. These can include (but are not limited) to:    

• Protection of tribal cultural resources and cultural sites via tribal cultural surveys, tribal monitoring, and cultural sensitivity training 
• Educational signage/information on tribal history in a region 
• Encouraged coordination between project applicants and tribes 
• Possibility of tribal access to land and/or dedication of land if applicant is willing

It is important for the Coastal Commission to take part in government-to-government consultations with tribes to listen to tribal priorities and receive tribal input on projects. Following the official tribal consultation process, Commission staff incorporate the comments into a Tribal Consultation section in the staff report. Staff also meaningfully considers the comments when determining recommendations to the Commission. 

In some cases, it may be appropriate and desired for applicants to consult with tribes directly. Staff can include non-confidential information in staff reports, which can influence the way Commissioners vote on a project.

The Commission's tribal liaison group guides staff in engaging with tribes and provides support on projects with significant tribal cultural resources. If you are interested in connecting with Commission liaisons, contact information can be found  here. 

If you have questions regarding the policy, contact any District Liaison Officer listed on this  site .