AMENDED IN SENATE AUGUST 21, 2026

AMENDED IN SENATE AUGUST 13, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Members Nguyen and Soria

(Coauthors: Assembly Members Arambula, Calderon, Hadwick, Harabedian, Quirk-Silva, Ramos, Schiavo, and Zbur)

February 20, 2026

An act to amend Section 12012.3 of the Government Code, relating to tribal affairs.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes within the office of the Governor, the office of the Governor’s Tribal Advisor, which is headed by the Governor’s Tribal Advisor who is appointed by and serves at the pleasure of the Governor.

This bill would, instead, establish within the Office of the Governor, the Office of Tribal Affairs (office), which is headed by the Secretary of Tribal Affairs who is appointed by and serves at the pleasure of the Governor, as specified. The bill would require each state agency that engages, or has programs, services, or responsibilities affecting tribal governments to, among other things, designate a tribal liaison, as described. The bill would require the office to be advised by a Tribal Advisory Committee, as described, and would require the committee to, among other things, provide recommendations and tribal perspectives to assist the office in strengthening government-to-government engagement and improving the design, access, and implementation of state programs and services affecting tribal governments. The bill would require the office to, among other things, support the implementation of consultation policies, facilitate direct engagement between state agencies and tribal governments, and provide training, guidance, and technical assistance to tribal liaisons and state agency personnel, as specified.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) (1) The Governor’s Office of the Tribal Advisor and Tribal Advisor position were created in 2011 by Executive Order B-10-11 executed by then Governor Jerry Brown.

(2) In that executive order, the Office of the Tribal Advisor and the Tribal Advisor were charged with the responsibilities to oversee and implement effective government-to-government consultation between the administration and tribes on policies that affect California tribal communities, by doing all of the following:

(A) Serve as a direct link between the tribes and the Governor of the State of California.

(B) Facilitate communication and consultations among the tribes, the Office of the Governor, state agencies, and agency tribal liaisons.

(C) Review state legislation and regulations affecting tribes and make recommendations on these proposals.

(3) In that executive order, both of the following were ordered:

(A) That the Office of the Governor is required to meet regularly with the elected officials of California Indian Tribes to discuss state policies that may affect tribal communities.

(B) That it is the policy of this administration that every state agency and department subject to the executive control is required to encourage communication and consultation with California Indian Tribes. Agencies and departments are required to permit elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities.

(b) The Governor’s Office of Tribal Advisor and the Governor’s Tribal Advisor position were codified in Section 12012.3 of the Government Code in 2018 by Assembly Bill 880 (Chapter 801 of the Statutes of 2018).

(c) In 2019, Governor Newsom executed Executive Order N-15-19 that did both of the following:

(1) Acknowledged and apologized on behalf of the state for the historical ‘violence, “violence, exploitation, dispossession and the attempted destruction of tribal communities’ communities,” which dislocated California Native Americans from their ancestral land and sacred practices. The destructive impacts of this forceful separation persist today, and meaningful, reparative action from the State of California (State) (state) can begin to address these wrongs in an effort to heal its relationship with California Native Americans.

(2) Reaffirmed and incorporated by reference to the principles of government-to-government engagement established by Executive Order B-10-11 (“it is the policy of the administration that every state agency and department subject to executive control is to encourage communication and consultation with California Native American tribes”). The state continues to work with California tribes on a government-to-government basis to address issues concerning Native American tribal self-government and tribal trust resources.

(d) In 2022, the Governor created within his administration the Office of Tribal Affairs and the Secretary of Tribal Affairs, who heads the Office of Tribal Affairs. The administration created office and secretarial position positions to effectively replace and assume the responsibilities of the Governor’s office of the tribal advisor, headed by the Governor’s Tribal Advisor.

(e) Pursuant to Executive Orders B-10-11 and N-15-19, state agencies and departments have adopted tribal consultation policies intended to guide engagement with tribal governments on policies, programs, and actions that may affect tribal communities. Not every agency or department has a consultation policy and and, of the ones that do, their policies vary in content, structure, implementation, and often were not developed in collaboration with tribes potentially impacting their usefulness and success.

(f) State agencies and departments that engage or have programs of interest to tribal governments employ or designate tribal liaisons or tribal policy advisors to facilitate communication, consultation, and coordination with tribal governments. These positions and programs exist at different organizational levels across agencies and departments, and the placement and authority of these positions varies, affecting accessibility, collaboration, and effectiveness of intergovernmental engagement.

(g) The state maintains a tribal liaison contact list intended to identify points of contact within state agencies and departments for tribal governments. This is a helpful tool that needs to be easily accessible and be kept current.

(h) The purpose of this act is to strengthen and institutionalize government-to-government relations between the State of California and California Indian Tribes by establishing clear, consistent, and durable administrative structures for engagement within state government. Tribes are not only sovereign nations but also proud Californians and Americans, contributing to the state and nation through their governance, service, and leadership. For example, Native Americans serve in the United States Armed Forces at a higher rate, five-times five times higher, than any other ethnic group, exemplifying their enduring commitment to shared ideals and collective responsibility.

(i) As governments, tribes administer many of the same programs as their federal, state, and local counterparts to enhance the well-being of their citizens and neighboring communities. Tribes are vital economic drivers, employers, healthcare health care providers, emergency responders, and more. Their contributions often alleviate pressures on state and local governments and their resources, particularly in rural areas, and expand access to critical services and strengthen community resilience. These contributions enrich the fabric of governance across California, bolstering the state’s economy, public health, and safety.

(j) Genuine collaboration with tribes demands direct, meaningful, and respectful engagement that fully recognizes tribal sovereignty. This collaboration must go beyond perfunctory consultations and embrace sustained efforts that seek tribal input, incorporate their perspectives, and foster shared ownership of solutions. This approach builds trust, mutual understanding, and better outcomes for all Californians, ensuring that policies and programs reflect the collective strengths and diverse voices of the state.

(k) To advance these principles, California must prioritize integrating tribal expertise and perspectives into its governance structures. Each agency and department executive should establish tribal consultation policies in collaboration with tribes to strengthen and promote government-to-government relationships and to provide meaningful input into the development of policies, rules, regulations, programs, projects, plans, and activities that may affect tribal communities.

(l) Agencies and departments should locate their tribal liaisons within the executive office to provide direct access to the chief executive and executive team. These positions are the natural touch points for tribal governments to engage the State of California and will serve as essential conduits for meaningful tribal engagement. In the state’s commitment to work with tribes, the tribal liaisons should be located at the highest level in each agency or department so tribes can easily and intuitively know where and with whom they should contact.

(m) Establishing a Tribal Advisory Committee to support the Governor’s Office of Tribal Affairs is critical to institutionalizing effective government-to-government relations. This advisory committee will provide invaluable insight and guidance on the development, coordination, and implementation of policies impacting tribal governments and their surrounding communities.

(n) By formalizing these structures, California reaffirms its commitment to fostering enduring partnerships with tribes, respecting their sovereignty, and ensuring that their voices are integral to shaping the state’s future. These steps will strengthen the collaborative fabric of governance, improve outcomes for all Californians, and set a standard for inclusive leadership nationwide.

SEC. 2.

Section 12012.3 of the Government Code is amended to read:

12012.3.

(a) There is within the office of the Governor, the Office of Tribal Affairs, which shall be headed by the Secretary of Tribal Affairs.

(b) (1) The Secretary of Tribal Affairs shall be appointed by, and serve at the pleasure of, the Governor.

(2) The Secretary of Tribal Affairs shall serve as the Governor’s principal advisor on tribal affairs and facilitate, to the extent feasible, government-to-government engagement between tribal governments and state agencies.

(3) The Secretary of Tribal Affairs shall be an enrolled member of a federally recognized tribe in California.

(c) Each state agency that engages, or has programs, services, or responsibilities affecting tribal governments shall do all of the following:

(1) Designate a tribal liaison.

(2) Place the position of the tribal liaison in the executive office of the state agency, or in a position reporting directly to the chair or chief executive of the state agency, department, board, or commission of state government, as applicable.

(3) Ensure the position serves as the primary point of contact for tribal governments and facilitates communication, coordination, and engagement necessary to support effective government-to-government relations.

(4) Notify the office within 30 days of vacancy, appointment, or replacement of a tribal liaison.

(5) Adopt a tribal consultation policy consistent with Executive Orders B-10-11 and N-15-19.

(d) (1) The Office of Tribal Affairs shall be advised by a Tribal Advisory Committee consisting of nine tribal chair members, with three nominated by tribes in the northern region, three in the central region, and three in the southern region.

(2) (A) Members shall be appointed by the Governor from tribal nominations, no later than the second quarter of 2027.

(B) (i) The term of office of the members shall be three years and the terms shall be staggered at one-year intervals.

(ii) Upon initial appointment, one member from each region shall be appointed for a term ending January 1, 2028, one member from each region shall be appointed for a term ending January 1, 2029, and one member from each region shall be appointed for a term ending January 1, 2030. Thereafter, each appointed member shall serve a three-year term.

(3) (A) Commencing the second quarter of 2027 after being appointed by the Governor, the committee shall meet regularly, but not fewer than three times annually, at the call of the secretary.

(B) Commencing the first quarter of 2028, the committee shall meet regularly, but not fewer than four times annually, at the call of the secretary.

(4) (A) The committee shall provide guidance, recommendations, and tribal perspectives to assist the office in strengthening government-to-government engagement and improving the design, access, and implementation of state programs and services affecting tribal governments.

(B) The committee shall not supplant formal consultation processes or exercise approval authority over state agency actions.

(5) The committee shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3).

(6) The members of the committee shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.

(e) The office, in conjunction with the committee, shall do all of the following:

(1) Review and recommend improvements to the consultation policies and consultation practices of each state agency and consistency across state agencies.

(2) Identify barriers that limit tribal governments’ ability to access, participate in, or benefit from state programs, services, and funding, including contracting practices, timelines, administrative requirements, or confidentiality concerns.

(3) Recommend statewide strategies that recognize and leverage tribal sovereignty, governmental authority, regulatory frameworks, taxation systems, and operational capacity to advance shared state and tribal goals.

(4) Develop guidance for state agencies on effective tribal engagement, including communication protocols, timelines for consultation, and opportunities to incorporate tribal expertise, knowledge, and stewardship practices early in the design, implementation, operation, and evaluation of state programs and services.

(5) Identify cross-agency issues that affect tribal governments and recommend coordinated approaches to improve efficiency, alignment, and outcomes.

(6) Provide recommendations on the appropriate responsibilities, authority, qualifications, and expectations for tribal liaisons and tribal policy advisors.

(f) The office shall do all of the following:

(1) Support the implementation of consultation policies and facilitate direct engagement between state agencies and tribal governments.

(2) Provide training, guidance, and technical assistance to tribal liaisons and state agency personnel to promote consistent, culturally informed, and effective government-to-to-government government-to-government engagement practices.

(3) Improve cross-agency communication and coordination to ensure consistent approaches to tribal matters and avoid conflicting processes or requirements.

(4) Keep tribal governments informed of state-level policy developments affecting their programs, responsibilities, or interests.

(5) Track whether state agencies have established or updated consultation policies and employed or designated tribal liaisons consistent with this section.

(6) Maintain an online, publicly accessible and up-to-date tribal liaison contact list for all state agencies, and a publicly accessible and up-to-date list of adopted tribal consultation policies.

(g) For purposes of this section, the following definitions apply:

(1) “Committee” means the Tribal Advisory Committee.

(2) “Office” means the Office of Tribal Affairs.

(3) “Secretary” means the Secretary of Tribal Affairs.

(4) “State agency” means any agency, department, board, or commission of state government.