California Government Code 54262 – (a) State and local governments are encouraged to work …
(a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.
(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.
Terms Used In California Government Code 54262
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Fair evaluation of a fee-to-trust application: means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. See California Government Code 54261
- Fee-to-trust: refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C. See California Government Code 54261
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local government: as used in this article refers to a county, a city, a city and county, and a special district. See California Government Code 54261
(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.
(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:
(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribe’s economic contribution to the local jurisdiction in the last five years.
(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local government’s request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.
(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government.
(Added by Stats. 2021, Ch. 291, Sec. 1. (SB 712) Effective January 1, 2022.)