Bill Text: CA AB1987 | 2015-2016 | Regular Session | Introduced

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Bill Title: Department of Transportation: contracts with federally recognized Indian tribes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1987 Detail]

Download: California-2015-AB1987-Introduced.html

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BILL NUMBER: AB 1987	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 16, 2016

   An act to amend Section 94 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1987, as introduced, Rodriguez. Department of Transportation:
contracts with federally recognized Indian tribes.
   Existing law specifies the powers and duties of the Department of
Transportation, and authorizes the department to make and enter into
contracts that are required for performance of its duties, except
that contracts with federally recognized Indian tribes are limited to
certain activities and subject to certain conditions.
   This bill would delete those limitations and conditions. The bill
would authorize the department to make and enter into contracts with
the tribal government of a federally recognized Indian tribe in order
to carry out its duties, including disbursement of state and federal
transportation funds administered by the department that are
designated for expenditure on eligible projects under the
jurisdiction of the tribe.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that federally
recognized Indian tribes are important partners in California's
transportation program, and that tribal governments are eligible
applicants for funding and have been successful in competing for
Department of Transportation planning grants and Active
Transportation Program funds. The California Transportation
Commission, in its 2015 Annual Report to the Legislature submitted
pursuant to Section 14536 of the Government Code, as one of its high
priority statutory recommendations, recommended the lifting of
existing statutory restrictions, that preclude the Department of
Transportation from contracting directly with federally recognized
Indian tribes, in order to reduce delays in allocation of
transportation funds.
  SEC. 2.  Section 94 of the Streets and Highways Code is amended to
read:
   94.  (a) The department may make and enter into any contracts in
the manner provided by law that are required for performance of its
 duties, provided that contracts with federally recognized
Indian tribes shall be limited to activities related to
on-reservation or off-reservation cultural resource management and
environmental studies and off-reservation traffic impact mitigation
projects on or connecting to the state highway system.  
duties.  
   (b) To implement off-reservation traffic impact mitigation
contracts with federally recognized Indian tribes, all of the
following shall apply:  
   (1) Any contract shall provide for the full reimbursement of
expenses and costs incurred by the department in the exercise of its
contractual responsibilities. Funds for the project shall be placed
in an escrow account prior to project development. The contract shall
also provide for a limited waiver of sovereign immunity by that
Indian tribe for the state for the purpose of enforcing obligations
arising from the contracted activity.  
   (2) The proposed transportation project shall comply with all
applicable state and federal environmental impact and review
requirements, including, but not limited to, the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).  
   (3) The department's work on the transportation project under the
contract shall not jeopardize or adversely affect the completion of
other transportation projects included in the adopted State
Transportation Improvement Program.  
   (4) The transportation project is included in or consistent with
the affected regional transportation plan.  
   (b) The department may make and enter into contracts with the
tribal government of a federally recognized Indian tribe in order to
carry out its duties, including disbursement of state and federal
transportation funds administered by the department that are
designated for expenditure on eligible projects under the
jurisdiction of the tribe.