The bill amends existing Washington state law regarding the government-to-government relationship between state agencies and Indian tribes. It introduces new definitions, including "agency actions," "traditional," "tribal traditional cultural place," and "undue burden," which clarify the scope of state agency interactions with tribal cultural practices and places. The bill mandates that state agencies must collaborate with Indian tribes in policy development and provide timely written notice before taking actions that may affect tribal traditional cultural places. Additionally, it requires agencies to designate a tribal liaison and submit annual reports on their activities involving Indian tribes.

A significant addition to the law is the establishment of protections against undue burdens on tribal traditional cultural practices. The bill stipulates that state agencies cannot impose such burdens unless they can demonstrate a compelling governmental interest and that their actions are the least restrictive means of achieving that interest. It also allows tribes to assert claims in court if they believe their traditional practices have been violated, shifting the burden of proof to the state agency in such cases. Furthermore, the bill clarifies that it does not create a right of action against state agencies, except as provided in the new section regarding undue burdens.

Statutes affected:
Original bill: 43.376.010, 43.376.020, 43.376.060