The bill amends existing Washington state law regarding the government-to-government relationship between state agencies and Indian tribes, specifically focusing on the protection of tribal traditional cultural practices and places. Key definitions are introduced, including "agency action," "traditional," "tribal traditional cultural place," and "undue burden," which clarify the scope of the law and the responsibilities of state agencies. The bill mandates that state agencies must collaborate with Indian tribes in policy development and establish a consultation process, particularly before taking actions that may affect tribal cultural places, in accordance with executive order 21-02.

Additionally, the bill establishes that state agencies cannot impose an undue burden on tribal traditional cultural practices unless there is a compelling governmental interest and the least restrictive means are employed. It allows tribes to assert claims in court if their cultural practices are violated, shifting the burden of proof to the agency in such cases. The bill also clarifies that it does not create a right of action against state agencies, except as provided in the new section regarding undue burdens. Overall, the legislation aims to enhance the protection of tribal cultural heritage while ensuring state agencies engage meaningfully with tribal governments.

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