California State and Local Tribal Consultation Law - HV 7

Today’s episode features Michelle La Pena, an attorney, writer, mother, and former Pit River tribal councilwoman who advocated for and collaboratively developed some of California’s local and state tribal consultation laws. We talk about why these laws were designed the way they were, as well as what she would like to see in our federal cultural resources, tribal consultation, and environmental laws. Some specific aspects discussed include building trust in consultation, confidentiality, how a tribe is defined, burials, outreach, and the power of a tribe to affect an outcome. We also discuss the Dakota Access pipeline, specific challenges for tribes in California and the mission system, gaming and compacts, and the effect of the Trump administration on cultural resource management laws and practice.