Bill > AB1881

This bill, the California Indian Freedom Act of 2026, aims to strengthen protections for California Native American tribes and individuals regarding their religious freedom and access to sacred sites. It prohibits governmental agencies from substantially burdening a California Indian or tribe's religious beliefs or spiritual practices on state public lands, including access to and use of sacred sites and objects, and the ability to perform religious ceremonies, unless the agency can prove the burden is necessary for a compelling government interest and is the least restrictive way to achieve it. The bill mandates early, meaningful, and good-faith government-to-government consultation with affected tribes before any project that may impact a sacred site or cultural landscape, and requires agencies to seek and document free, prior, and informed consent from tribes before undertaking projects that risk the physical destruction or alteration of a sacred site. It also grants California Indians access to sacred sites on state public lands for religious, ceremonial, or cultural activities, with exceptions for public safety or resource protection, and makes information identifying sacred sites, cultural landscapes, or religious practices obtained by a governmental agency confidential, exempting it from public record laws like the California Public Records Act. Additionally, the bill requires the Department of General Services and the Capitol Protective Section to uphold tribal religious freedom and avoid harm to tribal instruments and regalia when accessing the State Capitol Building Annex and grounds.

Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1881