Tribal Consultation and Engagement Policy and Tribal Consultation and Engagement Protocol Project

The Water Board successfully completed early tribal consultation period, engaging directly with six California Native American Tribes. The valuable input received from these consultations has been carefully reviewed and incorporated into the draft policy and protocols.

The draft documents are anticipated to be released in late summer 2025.

Upcoming meetings and events & Opportunities for public comment and participation
Fall 2025: - Dates to be announced.

• Release Draft Policy and Protocol
• Open Tribal Consultation Period
• Open Public Comment Period
• Host Tribal Workshops

The Tribal Consultation Policy is intended to outline the legal requirements, principles, goals, staff expectations, and commitments guiding government-to-government relationships with tribes—it is the “why”. The Tribal Consultation and Engagement Protocol is intended to provide detailed procedures and steps for Tribal Coordinators and Water Boards staff engaging and consulting with tribes—it is the “how-to”. Both are intended to be made publicly available.
Key areas for revision:

• Historical and legal context
• Roles, responsibilities, and training requirements
• Timelines, notification, and communication expectations
• Best practices for cultural humility and engagement
• Best practices for respecting Indigenous Knowledge and Traditional Ecological Knowledge

Project Timeline:

• February 10, 2025 – March 24, 2025
• Early tribal consultation period
• Summer 2025:
• Release draft Policy and Protocol
• Open second tribal consultation period
• Open public comment period
• Host tribal workshops
• Board informational item
• Winter 2025:
  Release revised draft Policy and Protocol documents Winter 2026:
  • Present Policy and Protocol to the Board

• Requesting Tribal Consultation: Tribes will receive notification of the opportunity to consult at the start of the tribal consultation period. If your Tribe is interested in consulting but cannot meet during the tribal consultation period, please contact Adriana Renteria, the Water Boards Tribal Liaison, to request consultation outside of the consultation window tribal-liaison@waterboards.ca.gov.
• Submit Written Comments: If your Tribe is interested in consulting on the Policy or the Protocol but are not able to participate in the in-person or virtual consultation processes, we welcome your input in writing.

Key Documents

• California Water Board Tribal Consultation Policy 2019
• California Environmental Protection Agency Tribal Consultation Protocol February 2020

• Adriana Renteria - Director and Tribal Liaison
• Nathan Blacksmith - Tribal Affairs Program Manager

1. Why is the State Water Board revising its Tribal Consultation Policy and Protocol?
   To modernize the existing policy, incorporate tribal input, and align with current laws, best practices, and the principles of tribal sovereignty and cultural humility.
   Since 2019, new directives, including Executive Orders, Senate Bills, and Assembly Bills, have clarified how state agencies, including the Water Boards, should engage and consult with tribes. Specifically, Assembly Bill 923, the Government-to-Government Consultation Act establishes guidelines for Government-to-Government consultations, defining authorized state representatives and requiring consultation training for officials. It emphasizes meaningful engagement and clarifies that non-response from a tribe does not imply consent.   These directives highlight the need to update the existing policy to align with evolving expectations and legal requirements.

2. What key themes or concerns were identified by tribes during the early phase of the consultation process?
   
   

   The image titled “Early Tribal Consultation Feedback” presents a summary of tribal comments received during the initial consultation phase for revising the Tribal Consultation Policy and Engagement Protocol. A total of 71 comments were submitted by tribal representatives, of which:

   • 32 were applied to the draft revisions,
   • 2 are currently under review, and
   • 37 were not applied at this stage.

   Key Themes Identified

   Feedback was categorized into several thematic areas based on frequency and relevance. The most prominent themes, ranked by how often they were raised, include:

   1. General Comments/Non-Consultation (26)
      These likely reflected concerns with how consultation is conducted or whether it occurred at all. All 26 comments were noted, but most were not applied, possibly due to their general nature or lack of specific actionable content.
   2. Cultural Competence/Humility (15)
      This was the second most cited theme and emphasized the importance of staff demonstrating respect, awareness, and humility in engaging with tribes. All 15 comments in this category were applied to the draft revisions.
   3. Traditional Ecological Knowledge (8)
      Comments in this area called for the integration and recognition of Indigenous ecological knowledge in consultation processes. Of these, 7 were applied, 1 is under review.
   4. Engagement/Communication (7)
      Feedback focused on improving two-way communication and ensuring clarity in outreach. 3 comments were applied, and 4 were not applied.
   5. Legal Considerations (5)
      These comments addressed jurisdictional, statutory, or policy compliance issues. 2 were applied, 2 are under legal review, 1 not applied.
   6. Sovereignty (4)
      Tribes raised concerns about recognition of tribal sovereignty and decision-making authority. 2 of these comments were applied, while 2 were not.
   7. Tribal Beneficial Uses (TBU) (2)
      Focused on how water quality standards and consultation intersect with tribal uses. Both comments were applied.
   8. Training (2)
      Tribes requested or suggested training for staff on cultural competency and consultation protocols. Both comments were applied.
   9. Staff Roles/Authority (1) and Funding (1)
      These categories had only one comment each, 1 was applied, 1 was not applied.

   Summary

   This feedback summary highlights the value of tribal input in shaping policy improvements. While over 30 comments were integrated into the draft revisions, more than half were not yet applied—suggesting opportunities for further discussion, clarity, or future revision phases. The data demonstrates a clear tribal emphasis on cultural humility, recognition of tribal knowledge systems, and the need for better communication and accountability in state-tribal consultation processes.

3. How can Tribes and the public provide feedback?
   In addition to tribal consultations, comments can be submitted via email, public comment portals, or through participation in workshops and listening sessions during the 90-day consultation and public comment periods.

4. Will non-federally recognized Tribes be included in the consultation process?
   Yes. The Water Board recognizes and values the input of both federally and non-federally recognized Tribes and seeks to establish meaningful engagement pathways for all California Native American Tribal communities.