This bill amends existing Washington state law regarding the relationship between state agencies and Indian tribes, specifically focusing on the protection of tribal traditional cultural practices and places. It introduces new definitions, including "agency action," "traditional," "tribal traditional cultural place," and "undue burden," which clarify the scope of state actions that may impact tribal cultural practices. The bill establishes that state agencies cannot impose an undue burden on an Indian tribe's traditional cultural practices unless it serves a compelling governmental interest and is the least restrictive means of achieving that interest.

Additionally, the bill allows Indian tribes to assert claims in court if their traditional cultural practices are violated, placing the burden of proof on the aggrieved party to demonstrate the undue burden. If they succeed, the state agency must then prove that its actions are justified. The bill also includes provisions for cases where tribal tenets prohibit the disclosure of information about their cultural practices, requiring the agency to meet a higher burden of proof. Lastly, it clarifies that no right of action against a state agency is created, except as provided in this new section.

Statutes affected:
Original bill: 43.376.010, 43.376.020, 43.376.060
Substitute bill: 43.376.010, 43.376.020, 43.376.060
Second substitute: 43.376.010, 43.376.060