ADEQ; tribal consultations

SB1407 - 572R - I Ver

REFERENCE TITLE:
ADEQ; tribal consultations

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1407

Introduced by

Senators
Epstein: Ortiz;� Representative Sandoval

AN
ACT

amending title 49, chapter 1, article 1,
Arizona Revised Statutes, by adding section 49-105; relating to the department
of environmental quality.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 49, chapter 1, article 1,
Arizona Revised Statutes, is amended by adding section 49-105, to read:

START_STATUTE
49-105.

Additional duties of department; tribal consultations; notice

A. The department shall consult and
cooperate in good faith with all federally recognized Indian Tribes within this
State before adopting policies, issuing permits or approvals or making other
decisions that may affect the tribes and their interests. The
department shall establish a consultation policy for each of the twenty-two
federally recognized tribes in this state.

B. Each Tribal Consultation Policy
must include at least the following:

1. Provisions developed in direct
consultation with Tribal Leaders that describe the Tribe's requirements for the
process that the Department will use to engage in consultation.

2. The names or positions of the
appropriate points of contact for the Tribe.

3. A map or geographic description of
the areas within this state where the department's actions automatically
require consultation with the Tribe.

4. All of the following statements:

(
a
) That the
department will carry out all consultations in a manner consistent with section
41-2051 and any Executive Order in effect regarding Consultation and
Cooperation with this state's Tribes.

(
b
) That the
department will respect the sovereignty and self-determination of the
Tribe.

(
c
) That the department
will engage in a government-to-government relationship with the Tribe.

(
d
) That the
department will recognize the moral obligations of the trust responsibility
owed by the United States to the tribe.

(
e
) That tribal
consultation will be meaningful and timely to facilitate better understanding
and informed decision-making.

(
f
) That the
tribe will be consulted throughout the department's decision-making process and
before major actions are taken.

(
g
) That the
department will consider tribal views and traditional knowledge in developing
any policies and actions that may impact the tribe.

(
h
) That, if
possible, the department will take appropriate measures to mitigate adverse
environmental, economic, social, cultural or spiritual impacts to the tribe.

C. The
department shall publish all tribal consultation policies on the department's
website within ninety days after the effective date of this section and shall
notify the Governor's office on tribal relations, each of the twenty-two tribes
of this state and any council or association that represents the interests of
the tribes that the publication has occurred. The notice shall
include instructions on how to obtain or otherwise access the
policies. If a consultation policy is updated pursuant to subsection
D of this section or for any other reason, the department shall post the
revised policy on the department's website and provide notice as prescribed in
this subsection.

D. The department shall update each
consultation policy prescribed by this section not later than December 31 of
each even-numbered year after directly consulting with the tribal governments
of each of the federally recognized tribes in this state.
END_STATUTE