Preface and authority
In 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11 requiring all State of California agencies and departments to encourage communication and consultation with California Native American Tribes, as defined further below. The California Public Resources Code, at Public Resources Code, Chapter 1.75 – Native American Historical, Cultural, and Sacred Sites, Sections 5097.9 – 5097.991, codifies California agencies responsibilities related to Native American Historical, Cultural and Sacred Sites. Accordingly, the Office of Data and Innovation (ODI) hereby adopts this Tribal Consultation Policy (“Consultation Policy” or “Policy”), which memorializes its commitment to strengthening and sustaining government-to-government relationships between California Native American Tribes and the State.
Background: Office of Data and Innovation
ODI collaborates with state departments to improve services for Californians. ODI’s mission is to drive innovation across California state government, using data, technology, and human centered design to achieve exceptional, equitable outcomes for all Californians. We collaborate with leaders and communities throughout California and the world. We partner to build empathy for the people we serve and create a government that is easy to interact with and solves problems.
ODI consultation policy
This Policy is intended to foster effective consultation and collaboration between ODI and California Native American Tribes, and to seek meaningful input into the development of policies, rules, regulations, programs, projects, plans, and activities that may affect tribal communities. ODI’s goal is to engage in a timely and interactive process to respectfully seek, discuss, and consider Tribes’ views in an effort to resolve concerns at the earliest opportunity and in a manner that respects and furthers the interests of Tribes and the State.
This Policy shall be implemented by ODI in a manner that facilitates effective communication and consultation practices, and promotes cooperation and efficiencies in tribal consultation. ODI hereby adopts Tribal Consultation Policy based on input received from Tribal Leaders and their designees. This Policy shall be considered and acknowledged in communication and consultation efforts pursuant to Executive Order B-10-11.
This Tribal Consultation Policy broadly defines provisions for enhancing ODI’s consultation processes with Tribes. This Policy shall complement, not supersede, any existing laws, rules, statutes, or regulations that guide consultation processes with Tribes. This Policy shall not be construed to displace existing ODI policies.
Definitions
For purposes of this Policy, the following definitions shall apply:
Federally Recognized Tribe: A tribal entity that is recognized as having a government-to-government relationship with the United States; these entities are listed on the Federal Register and the current list is posted on the Governor’s Office of the Tribal Advisor’s website.
Non-Federally Recognized Indian Tribe: Those Tribes that are not federally recognized and are on the list maintained by the Native American Heritage Commission (“NAHC”).
California Indian Tribe: Refers to a federally recognized California Indian Tribe, as listed on the Federal Register. Only in situations involving cultural resources will a non-federally recognized California Native American Tribe that is on the list maintained by the NAHC be included in this definition. The NAHC will provide a list of non-federally recognized California Native American Tribes for each instance.
Tribe: Refers to a California Indian Tribe.
Tribal Leaders: Refers to elected officials of Indian Tribes.
Tribal Sovereignty: Refers to the unique political status of federally recognized Indian Tribes. Federally recognized Indian tribes exercise certain jurisdiction and governmental powers over activities and Tribal members within its territory. Existing limitations on inherent Tribal sovereignty are defined through acts of Congress, treaties, and federal court decisions.
Consultation policy principles
Collaboration: ODI is committed to the principle that interaction with Tribes shall be regarded as a partnership of mutual respect whereby ODI strives to ensure a sound and productive relationship with Tribes through the development and maintenance of a meaningful dialogue. ODI will collaborate and encourage input in the development of its policies, rules, regulations, and other matters that may affect California Native American Tribes.
Consultation is a process whereby parties meet and confer to exchange information, compromise, and reach understandings that, when possible, may result in the adoption of mutually-beneficial policies and sustainable outcomes. ODI will work to identify and coordinate policy when there are issues that may pertain to or impact Tribes, disseminate public documents and notices, seek opportunities for collaboration and maintain an ongoing dialogue with Tribes.
Communication: Open and respectful communication with Tribal representatives is essential. ODI will aim to engage in early, inclusive, and frequent communication with Tribal leaders regarding issues pertaining to or impacting Tribes. Such communication shall occur on a regular basis; continue throughout changes in leadership; be inclusive and transparent; provide timely notification (see below) and documentation in a manner that provides an adequate review and response period for the parties involved; and, be conducted in a manner that is consistently executed with the utmost level of respect, decorum and diplomacy. When a matter involves confidential or culturally sensitive information, ODI will work with tribal representatives to address the sensitivity of such information to the fullest extent possible. All parties in the process should promote respect, shared responsibility, and an open and free exchange of information.
Tribal Liaison: The ODI Director will designate a high-level ODI employee to serve as the Tribal Liaison. The Tribal Liaison will be responsible for coordinating outreach, communication, and other activities affiliated with Tribal interests. ODI will publish on its website the name and contact information for its Tribal Liaison, along with its Tribal Consultation Policy. Current contact information for the Tribal Liaison will be included on the Governor’s Office of the Tribal Advisor’s website.
Education: The ODI Director shall endeavor to instill an awareness of tribal culture and respect within ODI.
The ODI Director will encourage the Tribal Liaison and staff to seek continued education and training to emphasize communication, tribal sovereignty, the unique distinctions of Tribes, and the skills and tools necessary for collaboration. The Tribal Liaison and staff will also seek continued education and training on proper protocols and salutations when dealing with Tribes including general awareness and sensitivity in dealings with Tribal Leaders as a functional sovereignty. ODI will provide timely customer service and information to help Tribes and their members on ODI matters. ODI provides information through its website, publications, telephone, or email, and encourages Tribal feedback to enhance its outreach and customer service efforts.
Process: ODI is responsible for implementing a wide range of inter-governmental services that are subject to federal and state laws, regulations, guidelines, and restrictions. Within such mandates, ODI will make every attempt to communicate and collaborate with Tribes in a manner that is timely and respectful and which clearly identifies internal processes and timeline expectations for the parties involved. Consultation at the field, project management, and executive staff level is strongly encouraged so that information is available early in the planning process. Consultation may be initiated by ODI or Tribe(s).
Timely Notice: This Consultation Policy recognizes that Tribes are located in diverse and sometimes remote regions throughout the state, thereby necessitating the need for clear and adequate notice/outreach prior to consultation or meetings that may require travel by Tribal Leaders. Contact with Tribes should be initiated as early as possible, preferably with no less than thirty calendar days’ notice, to provide adequate time for Tribes to respond, particularly on substantive matters, and most importantly, to respect tribal protocol and cultural patterns that require consideration, deliberations, and consensus. Tribe requests for additional time to prepare for or attend a consultation session or in-person meeting will be honored whenever possible.
Tribes may initiate communication with ODI by contacting ODI’s Tribal Liaison. Whenever Tribal Leaders initiate communication with ODI, the Tribal Liaison shall be responsible for providing timely information and updates to the relevant Tribal Leaders and to the Government Operations Agency (GovOps) Tribal Liaison until the issue is resolved. Acknowledgement of receipt of official Tribal communication will be provided within three business days, and whenever possible, a substantive response will be provided within thirty calendar days. If a substantive response will require more than thirty calendar days, the Tribal Liaison will advise the relevant Tribal Leaders as well as the GovOps Tribal Liaison, to provide an estimated date for the response.
This Policy expresses ODI’s respect for tribal sovereign immunity and intent to strengthen the ability of ODI to work collaboratively with Tribes to resolve issues of mutual concern. While the communication and collaboration encouraged by this Policy provides opportunities to strengthen and promote government-to-government relationships between Tribes and the State, it may not result in a resolution of all issues. Therefore, inherent in this Policy is the right of Tribes and ODI to elevate an issue to any decision-making authority of another entity including, when appropriate, the highest levels of state and tribal government.
This Policy implements Executive Order B-10-11 and is intended to improve ODI’s internal management and communication; it is not a regulation and does not supersede, create, expand, limit, waive, or interpret any state or federal legal rights or obligations including, but not limited, to treaty rights, immunities, or jurisdiction of any Tribe or the State of California.
Effective date
This Policy shall be effective on the date executed by the ODI Director and shall be posted on ODI’s website. It shall be subject to periodic review to ensure provisions are current and consistent with state policy and enacted legislation.
Pursuant to Executive Order B-10-11 dated September 19, 2011, the California Office of Data and Innovation hereby adopts this Tribal Consultation Policy.
Tribal liaison
ODI’s tribal liaison is:
Roberto Rizo, Legislative and External Affairs Manager
Email: triballiaison@innovation.ca.gov