Bill > HB2281

This bill amends existing state law to strengthen the government-to-government relationship between the state and tribal governments, particularly concerning tribal traditional cultural places and practices. It defines "agency action" as state-funded construction or acquisition projects, clarifies that an "Indian tribe" includes those with traditional lands in Washington, and defines "traditional" as beliefs, customs, and practices passed down through generations. The bill introduces the concept of a "tribal traditional cultural place" as any location associated with a tribe's cultural practices, traditions, or beliefs, and defines "undue burden" as any significant impairment or disruption to these practices or places. Crucially, it prohibits state agencies from imposing an undue burden or interfering with tribal traditional cultural practices on these places unless it serves a compelling governmental interest and is the least restrictive means to achieve it. If a tribe's practices are burdened in violation of this, they can sue a state agency for relief. The bill also outlines the burden of proof in such legal proceedings, with the tribe initially needing to show an undue burden, and then the agency needing to prove a compelling governmental interest and the use of the least intrusive means. In cases where tribal traditions prohibit disclosure of information, the agency faces an even higher burden of proof. Finally, it clarifies that this new right of action against state agencies is an exception to existing law that generally limits such actions.

Budget and Finance, Government Affairs

https://app.leg.wa.gov/billsummary?BillNumber=2281&Year=2025&Initiative=false