STATE OF CALIFORNIA 
GOVERNMENT OPERATIONS AGENCY 
DATE ISSUED: 
March 28, 2016 
GOVOPS POLICY MEMO 
EXPIRES: 
Until Rescinded or Amended 
TO : ALLGOVOPSEMPLOYEES;ALLGOVOPS 
DEPARTMENT DIRECTORS 
SUBJECT: TRIBAL CONSULTATION POLICY 
REFERENCES: 
Executive Order 
B-10-11 (Sept. 2011) 

Preface 

In 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11 requ iring all State 
of California agencies to encourage communication and consultation with Californ ia Indian 
Tribes, as defined further below. Accordingly, the California Government Operations Agency 
("GovOps") hereby adopts this Tribal Consultation Policy ("Consultation Policy" or "Policy"), 
which memorializes its commitment to strengthening and sustaining government-togovernment 
relationshi ps between California Indian Tribes and the State. 

Background: California Government Operations Agency 

GovOps was established July 1, 201 3, pursuant to the Governor's Government 

Reorganization Plan No.2 ("GRP2"). GovOps was created to simplify, strengthen and 

improve the operation and management of programs that protect and provide services to 
state agencies and their employees. GovOps is responsible for administering a variety of 
functions that assist in the general operation of state government, such as procurement, 

information technology, and human resources. GovOps' goal is to foster state-wi de 

perspectives, improve communication and information sharing , and change departmental 

cultures that prioritize control over service. GovOps is comprised of the followi ng 

departments, boards and offices ("Departments"): 

• 
California Department of Human Resources .. .. .... .. .. .............. .. .. .. ........CaiHR 
• 
California Department of Technology ..... .............. .. ........................ ... . Dept. of 
Tech. 
• 
California Department of General Services ...... .. ................................ .. DGS 
• 
California Franchise Tax Board .........................................................FTB 
• 
California State Personnel Board .. .... .. ...... SPB
00 .. 0000 00 00 00 00 00 00 00 00 00 .. 00 .. 00 00 00 .. 

• 
California Victim Compensation and Government Claims Board ...... .. .. .... .VCGCB 
• 
California Office of Administrative Law .. .... . OAL
00 00 .. ..... .............. . ............ .. . 

• California State Teachers' Retirement System ......... .. . .. .. ... ... .......... .... ..CaiSTRS 
• California Public Employees' Retirement System .. .. ... .......... ... .. ........... CaiPERS 
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GovOps Consultation Policy 

This Policy is intended to foster effective consultation and collaboration between GovOps, its 
Departments and California Indian Tribes, and to provide meaningful input into the 
development of policies, rules, regulations, programs, projects, plans and activities that may 
affect tribal communities. The goal is to engage in the timely and interactive process to 
respectfully seek, discuss and consider Tribes' views in an effort to resolve concerns at the 
earliest opportunity and in a manner that respects and furthers the interests of Tribes and the 
State of California. 

The principles described in this Policy shall be implemented by GovOps and its Departments 
in a manner that facilitates effective communication and consultation practices, and promotes 
cooperation and efficiencies in tribal consultation. 

GovOps and each Department within the Agency shall adopt its own Tribal Consultation 
Policy that is specific to each Department's programs, and based on input received from 
Tribal Leaders and their designees. This Consultation Policy shall be considered and 
acknowledged by GovOps and its Departments when drafting, updating or implementing 
consultation policies pursuant to Executive Order B-1 0-11. 

The GovOps Consultation Policy broadly defines provisions for enhancing the consultation 
processes of GovOps and its Departments with Tribes. This Consultation Policy shall 
complement, not supersede, any existing laws, rules, statutes or regulations that guide 
consultation processes with Tribes. The GovOps Consultation Policy shall not be construed 
to displace existing policies of its Departments. 

Definitions 

For purposes of this Policy, the following definitions shall apply: 

Federally Recognized Tribe: A tribal entity that is recognized as having a governmentto-
government relationship with the United States; these entities are listed on the Federal 
Register and the current list is posted on the Governor's Office of the Tribal Advisor's 
website : 

Non-Federally Recognized Indian Tribe: Those Tribes that are not federally 
recognized and are on the list maintained by the Native American Heritage 
Commission. 

California Indian Tribe: Refers to a federally-recognized California Indian Tribe, as 
listed on the Federal Register. Only in situations involving cultural resources will a nonfederally 
recognized California Native American Tribe that is on the list maintained by 
the Native American Heritage Commission ("NAHC") be included in this definition. The 
NAHC will provide a list of non-federally recognized California Native American Tribes 
for each instance. 

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Tribe: Refers to a California Indian Tribe. 

Tribal Leaders: Refers to elected officials of Indian Tribes. 

Tribal Sovereignty: Refers to the unique political status of federally-recognized Indian 
tribes. Federally-recognized Indian tribes exercise certain jurisdiction and governmental 
powers over activities and Tribal members within its territory. Existing limitations on 
Tribal sovereignty are defined through acts of Congress, treaties, and federal court 
decisions. 

Consultation Policy Principles 

Collaboration. GovOps is committed to the principle that interaction with Tribes shall be 
regarded as a "partnership" of mutual respect whereby the Agency and its Departments 
strive to ensure a sound and productive relationship with Tribes through the development 
and maintenance of a meaningful dialogue. 

Consultation is a process whereby parties meet and confer to exchange information, 
compromise, and reach understandings that, when possible, may result in the adoption of 
mutually-beneficial policies and sustainable outcomes. GovOps and its appropriate 
Departments will work together to identify and coordinate policy when there are issues that 
may pertain to or impact Tribes, disseminate public documents and notices, seek 
opportunities for collaboration , and maintain an ongoing dialogue with Tribes. 

Communication. Open and respectful communication with tribal representatives is 
essential. GovOps and its Departments will engage in early, inclusive, and frequent 
communication with Tribal leaders regarding issues pertaining to or impacting Tribes. 
Such communication shall occur on a regular basis; continue throughout changes in 
leadership; be inclusive and transparent; provide timely notice (see below) and 
documentation in a manner that provides an adequate review and response period for 
the parties involved; and be conducted in a manner that is consistently executed with 
the utmost level of respect, decorum and diplomacy. When a matter involves 
confidential or culturally sensitive information, GovOps and its Departments will work 
with tribal representatives to address the sensitivity of such information to the fullest 
extent possible. All parties in the process should promote respect, shared responsibility, 
and an open and free exchange of information. 

Tribal Liaisons. The Secretary will designate a Deputy Secretary within the Agency to 
act as a Tribal Liaison for the purpose of policy coordination between GovOps, its 
Departments and Tribes. The GovOps Tribal Liaison will ensure that each of the 
Departments whose work may directly impact Tribal issues shall designate a 
Department Tribal Liaison to work directly with the Agency and Tribes. Department 
Liaisons shall be high-level department employees who have direct access to the 
Department's executive leadership. The GovOps Tribal Liaison will be responsible for 

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coordinating outreach, communication and other activities affiliated with Department 
Liaisons and Tribal interests. GovOps and its Departments will publish on their 
respective websites, the names and contact information for their Tribal Liaisons, along 
with the final Consultation Policies. 

Education. The GovOps Tribal Liaison will encourage the Department Liaisons to seek 
ongoing training designed to improve each Department's capacity for promoting 
collaboration with Tribes. Education and training should emphasize communication, tribal 
sovereignty, the uniq\:le distinctions of Tribes, and the skills and tools necessary for 
collaborative engagement. 

Leadership of the Departments shall endeavor to instill an awareness of tribal culture and 
respect within their organizations. 

Process. Each Department is responsible for implementing a wide range of inter

governmental services that are subject to federal and state laws, regulations, guidelines 

and restrictions. Within such mandates every attempt will be made to interrelate with 

Tribes in a manner that is timely and respectful, and which clearly identifies internal 

processes and timeline expectations for the parties involved. 

Consultation at the field, project management, and executive staff level is strongly 

encouraged so that information is available early in the planning process. Consultation 

may be initiated by a Department or Tribe. 

Timely Notice. This Consultation Policy recognizes that there are 109 federally 

recognized Indian Tribes located in California. Tribes are located in diverse and 

sometimes remote regions throughout the state, thereby necessitating the need for 

clear and adequate notice/outreach prior to consultation or meetings that may require 

travel by Tribal Leaders. Contact with Tribes should be initiated as early as possible, 

preferably with no less than 30-days' notice, to provide adequate time for Tribes to 

respond, particularly on substantive matters, and most importantly, to respect tribal 

protocol and cultural patterns that require consideration, deliberations, and consensus. 

Tribe requests for additional time to prepare for or attend a consultation session or in

person meeting will be honored whenever possible. 

Through this Consultation Policy, the intent of GovOps is to strengthen its ability to 
successfully resolve issues of mutual concern collectively with Tribes. While the 
communication and collaboration encouraged by this Policy provides increased ability to 
solve problems, it may not result in a resolution of all issues. Therefore, inherent in this 
Consultation Policy is the right of GovOps and Tribes to elevate an issue of importance to 
any decision-making authority of another entity, including, where appropriate, the highest 
levels of state and tribal government. 

This Consultation Policy implements Executive Order B-1 0-11 and is intended to improve 
GovOps' internal management and communication; it is not a regulation and does not 
supersede, create, expand, limit, waive or interpret any state or federal legal rights or 

Page 14 

obligations, including but not limited to, treaty rights, immunities or jurisdiction of any Tribe 
or the State of California. 

Effective Date 

The GovOps Consultat ion Policy shall be effective on the date executed by the Agency 
Secretary and shall be posted on the GovOps website . It shall be subject to periodic review 
to ensure provisions are current and consistent with state policy and enacted legislation. 

Pursuant to Executive Order B-1 0-11 dated September 19, 2011 , the California Gove rnment 
Operations Agency hereby adopts this Tribal Consultation Policy. 

Signed : 

: March 28.2016

----+-~r------+=-o::----DateMarybel B ~er 
Secretary ) california Government 
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