State-tribal relationship

AN ACT Relating to the state and tribal government-to-government 1
relationship; amending RCW 43.376.010, 43.376.020, and 43.376.060; 2
and adding a new section to chapter 43.376 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 43.376.010 and 2012 c 122 s 1 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Agency actions" include the development of policies, 9
agreements, and program implementation, the implementation or 10
enforcement of a statute, the adoption or application of an agency 11
rule or order, permitting, licensing, certification, approval, or 12
other granting authority exercised by a state agency.13
(2) "Indian tribe" means any federally recognized Indian tribe 14
((whose)) with contemporary or traditional lands and territories 15
((included parts of)) in Washington. 16
(2) "State agency" means an agency, department, office, or the 17
office of a statewide elected official, of the state of Washington.18
(3) "Traditional" refers to those beliefs, customs, and practices 19
of an Indian tribe that have been passed down through generations and 20
the places associated with those beliefs, customs, and practices.21
H-2740.1
HOUSE BILL 2281
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stearns, Mena, Salahuddin, Leavitt, Wylie, Pollet,
Reeves, Peterson, Berry, Farivar, Reed, Obras, Santos, Cortes,
Parshley, Zahn, Nance, Street, Duerr, Ormsby, Berg, Callan, Lekanoff,
Goodman, Macri, Fosse, Hill, and Bernbaum
Prefiled 01/06/26. Read first time 01/12/26. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 2281
(4) "Tribal traditional cultural place" is any geophysical or 1
geographical place, area, or feature, associated with the cultural 2
practices, traditions, beliefs, lifeways, arts, crafts, or social 3
institutions of an Indian tribe.4
(5) "Undue burden" means any material, significant, or sustained 5
impairment, disruption, restriction, or diminishment of a tribal 6
traditional cultural practice, or of the integrity, continuity, 7
condition, or accessibility of a tribal cultural place, including 8
direct or cumulative impacts.9
Sec. 2. RCW 43.376.020 and 2022 c 253 s 3 are each amended to 10
read as follows: 11
In establishing a government-to-government relationship with 12
Indian tribes, state agencies must: 13
(1) Make reasonable efforts to collaborate with Indian tribes in 14
the development of policies, agreements, and program implementation 15
that directly affect Indian tribes and develop a mutually agreed upon 16
consultation process that is used by the agency for issues involving 17
specific Indian tribes. Covered agencies, as defined in RCW 18
70A.02.010, subject to the requirements of chapter 70A.02 RCW, must 19
offer consultation with Indian tribes on the actions specified in RCW 20
70A.02.100. State agencies described in RCW 70A.65.305 must offer 21
consultation with Indian tribes on the actions specified in RCW 22
70A.65.305; 23
(2) Before taking any agency action that may affect a tribal 24
traditional cultural place, provide timely written notice to affected 25
tribes describing the proposed action and reasonably foreseeable 26
impacts and allowing adequate time for consultation before any final 27
decision. The state agency shall engage in early, meaningful, and 28
consent-based consultation with each affected Indian tribe for any 29
agency action that may affect a tribal traditional cultural place or 30
practice. Consultation must begin at the earliest stage of planning, 31
continue through the decision-making process of the agency, and seek 32
to reach consent from the affected tribe. Tribal nations and their 33
people are the subject matter experts on their own traditional 34
cultural places and practices. The consultation process must reflect 35
the consultation standards of the affected tribe and provide the 36
tribe with the information and time needed to fully evaluate 37
potential impacts;38
p. 2 HB 2281
(3) Designate a tribal liaison who reports directly to the head 1
of the state agency; 2
(((3))) (4) Ensure that tribal liaisons who interact with Indian 3
tribes and the executive directors of state agencies receive training 4
as described in RCW 43.376.040; and 5
(((4))) (5) Submit an annual report to the governor on activities 6
of the state agency involving Indian tribes and on implementation of 7
this chapter. 8
NEW SECTION. Sec. 3. A new section is added to chapter 43.376 9
RCW to read as follows: 10
(1) A state agency may not impose an undue burden or interfere 11
with an Indian tribe's exercise of traditional cultural practices on 12
a tribal traditional cultural place unless it is in furtherance of a 13
compelling governmental interest and is the least restrictive means 14
of furthering that compelling governmental interest.15
(2) An Indian tribe whose traditional cultural practices have 16
been burdened in violation of this section may assert that violation 17
as a claim in a judicial proceeding and obtain appropriate relief 18
against a state agency. Actions shall be brought in superior court in 19
accordance with chapter 4.92 RCW. 20
(3)(a) The aggrieved party shall have the burden of proving that 21
the agency action having an impact upon the management, use, or 22
preservation of a tribal traditional cultural place, is posing or 23
will pose an undue burden on any aspect of a tribal traditional 24
cultural practice. 25
(b) If the aggrieved party meets its burden of proof under (a) of 26
this subsection, the agency shall have the burden of proving that the 27
governmental interest in the state action is compelling and that the 28
agency chose the least intrusive means for satisfying that 29
governmental interest. 30
(4) In the case of any proceeding involving a tribal traditional 31
cultural place or associated traditional cultural practice of a tribe 32
whose traditional cultural tenets prohibit disclosure of information 33
concerning their traditional cultural places or traditional cultural 34
beliefs or practices, and mandate secrecy and internal sanctions to 35
enforce those prohibitions, and where the tribal government of the 36
affected tribe so certifies, the agency shall have the burden of 37
proving that: 38
p. 3 HB 2281
(a) It has a compelling governmental interest in pursuing the 1
action as originally proposed; 2
(b) It is essential that the agency's compelling governmental 3
interest be furthered as originally proposed; and 4
(c) None of the less intrusive alternatives identified adequately 5
advance that compelling governmental interest. 6
(5) If an agency does not meet its burden of proof under this 7
section, it shall not proceed with the proposed action.8
Sec. 4. RCW 43.376.060 and 2012 c 122 s 6 are each amended to 9
read as follows: 10
((Nothing)) Except as provided in section 3 of this act, nothing 11
in this chapter creates a right of action against a state agency or a 12
right of review of an action by a state agency. 13
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p. 4 HB 2281