California Indian Freedom Act of 2026.

A public safety and security exception was added to the main prohibition: governmental agencies may burden religious practices 'except as necessary to protect public safety and security.' This carves out a significant limitation that was not in the prior version.

Senator Wahab was added as a coauthor, indicating Senate sponsorship of the bill.

The core prohibition on substantially burdening religious practices now has an explicit commencement date of January 1, 2028. The existing Section 7930.205 (public records exemption list) is set to sunset on January 1, 2028, at which point a replacement section becomes operative.

The Capitol access provisions were restructured: the Department of General Services duty now covers 'State Capitol grounds' rather than just the 'State Capitol Building Annex and grounds,' and the Joint Rules Committee duty now includes coordination with the State Senate Capitol Security Program (previously only the Capitol Protective Section) and covers the 'State Capitol Building, as specified' rather than requiring avoidance of undue harm to tribal instruments.

The screening restriction on ceremonial items was softened: 'screens or restricts' was changed to just 'restricts,' and the hand-inspection requirement now includes the qualifier 'whenever possible.' A new provision allows visitors to request that items which cannot be admitted into secure facilities for security reasons be stored and held until they can be collected.

New definition of 'state lands' added as subsection (k): means lands owned by the state or any state agency, excluding lands under city, county, or district jurisdiction, private lands, lands used for public infrastructure or services, and lands authorized for private use or development.

The 'sacred site' definition was changed from referencing 'state public lands' to the newly defined term 'state lands,' which carries explicit exclusions for local government, private, and infrastructure lands.

Substantial burden provisions (A) and (B) now explicitly limit their application to actions occurring 'on state public lands,' adding a geographic limitation that was previously absent from those specific triggers.

New Section 5097.1004 added as a savings clause: nothing in the act limits or restricts the authority of the state or any state agency to enter into agreements, memoranda of understanding, or other arrangements with any tribe to allow access to state lands for religious, cultural, or ceremonial practices.

Subsection (j) 'Substantial burden' renumbered to (l) to accommodate the new 'State lands' definition inserted as subsection (k). Minor drafting correction in the 'Exercise of religious beliefs' definition removing a redundant comma-separated phrase ('sacred sites, sites on state public lands' changed to 'sacred sites on state public lands').

The free prior and informed consent requirement in Section 5097.1002(b) was narrowed. The Assembly version triggered consent for any project action on state lands that may pose a risk to sacred sites of which the agency has actual knowledge or formal notification. The Senate version requires that the action involve physical change to a state land (or portion thereof) AND that the agency has actual knowledge or formal notification that the site IS a sacred site, not merely that it may pose a risk.

A new harm category was added to the consent trigger list: 'Alteration of the essential characteristics of a sacred site' (new subsection (2)), in addition to physical destruction, loss of access, and long-term environmental degradation.

The definition of 'sacred site' in Section 5097.1000(j) now requires that the site qualify 'on the basis of substantial evidence,' adding an evidentiary threshold that was not present in the Assembly version.

The definition of 'substantial burden' in Section 5097.1000(l) was changed from 'any government action or policy' to 'any governmental agency action or policy,' slightly narrowing the scope of covered actions.

Section 5097.1003 (Capitol provisions) was expanded and restructured. The Assembly version applied only to the State Capitol Building Annex and grounds with the Capitol Protective Section responsible for avoiding undue harm to tribal instruments. The Senate version extends coverage to the full State Capitol Building including the Annex, adds the Joint Rules Committee as a coordinating body alongside DGS and the Capitol Protective Section, and assigns the Joint Rules Committee (in coordination with the Capitol Protective Section) responsibility for avoiding undue harm when handling tribal instruments and regalia.

A new subsection (d) was added to Section 5097.1005 providing that the chapter does not apply to the authority of the State Water Resources Control Board to authorize, curtail, or otherwise regulate the diversion and use of water, or to Division 7 of the Water Code (the Porter-Cologne Water Quality Control Act). This carves out a significant exemption for water regulation.

Assembly Members Ahrens and Jackson were added as coauthors of the bill.

Section 5097.1001(b) was restructured. Previously, a California Indian or tribe had standing to assert a violation as a claim or defense in any judicial or administrative proceeding. Now, a California Indian or Native American tribe has 'exclusive standing' to bring a claim for a violation (meaning no non-Indian third party can sue under this act), and separately, a California Native American tribe may assert a violation as a claim or defense in any judicial or administrative proceeding. The word 'exclusive' is new and narrows who can enforce the act.

The explicit prohibition that ceremonial items 'shall not be inspected by technological screening' (old subsection (l)(1)(D)(iii)) was removed. The remaining language now states items 'shall be permitted and, whenever possible, may be inspected by hand or through other nontechnological means,' which is a softer standard that does not categorically ban all technological screening.

All references to 'state public lands' were replaced with 'state lands' throughout the bill (in definitions, operative provisions, and legislative summary) to use the bill's own defined term consistently. The defined term 'state lands' means lands owned by the state or any state agency, excluding lands under city, county, or district jurisdiction, private lands, and lands used for public infrastructure or services.

New Section 5097.1005 was added, which strictly limits the act's application to a governmental agency's management actions that involve only state lands. It explicitly states the chapter has no application to any actions or direct or indirect effects arising from, pertaining to, or relating to lands that are not state lands. This section controls over any conflicting provision in the chapter.

The amendment date was updated from May 18 to May 19, 2026, with May 18 retained as a prior amendment date. Page numbers shifted from 96 to 95 due to text reflow. A typo 'San Bernadino' in the legislative findings was corrected to 'San Bernardino'.

The definition of 'governmental agency' was narrowed from 'any state agency, department, board, commission, local government, or subdivision thereof' to 'any state agency, department, board, or commission,' removing all local governments from the bill's coverage.

The entire act is now limited to 'state public lands.' The definitions of 'sacred site,' 'cultural landscape,' and 'substantial burden' all gained the qualifier 'on state public lands,' and the broad application clause covering permitting decisions, land use approvals, enforcement actions, environmental review, and contracting was removed entirely.

The fiscal note changed from 'State-mandated local program: yes no' (struck/ambiguous) to 'State-mandated local program: no,' consistent with the removal of local government obligations. The reimbursement provisions and charter cities findings were also removed.

The requirement for early, meaningful, and good-faith government-to-government consultation with affected tribes before any project that may impact a sacred site or cultural landscape was deleted.

The avoidance hierarchy requiring agencies to avoid adverse impacts to sacred sites to the maximum extent feasible, demonstrate no prudent alternative exists, minimize impacts, and adopt mitigation measures approved by the affected tribe was removed.

A new provision allows a governmental agency to interpret a tribe's lack of response within a designated timeframe as a grant of consent, and if a tribe objects, the agency may request consultation to address raised issues.

The free, prior, and informed consent requirement was narrowed from applying to any project risking destruction or alteration of a sacred site to only 'any project action on state public lands that may pose a risk to sacred sites of which the agency has actual knowledge or has been formally notified.'

Coauthors Assembly Members Bauer-Kahan, Connolly, Harabedian, Valencia, and Zbur were added to the bill.

The definition of 'substantial burden' was expanded from a single general sentence to include four specific enumerated examples: (A) restricting gathering of traditional foods and plants for ceremonies, (B) denying access to sacred sites or ceremonial grounds, (C) destroying or materially altering sacred sites or cultural landscapes, and (D) screening or restricting items of cultural or religious significance (regalia, headdresses, eagle feathers, traditional medicines, gourd rattles) when entering state government buildings. A new carve-out clarifies that routine administrative procedures and minor restrictions do not constitute a substantial burden.

A new definition of 'California Indian' was added, meaning a Native American who is a member or citizen of a California Native American tribe. A new definition of 'Capitol Protective Section' was also added, identifying it as the division of the California Highway Patrol providing law enforcement and safety services for the State Capitol Building and grounds.

The definition of 'exercise of religious beliefs or spiritual practices' was changed from 'any practice undertaken' to 'any tribal traditional practice undertaken,' added 'cultural landscapes' as a protected element, and added a new subsection covering preparation activities such as gathering and collecting traditional foods and plants for ceremonial purposes.

The detailed multi-part definition of 'consultation' was replaced with a cross-reference to Section 65352.4 of the Government Code, simplifying the statutory text but potentially changing the operative standard.

A temporal limitation was added to the 'substantial burden' definition: it now only applies to government actions or policies that occur on or after January 1, 2027.

The free, prior, and informed consent requirement in Section 5097.1002(b) was narrowed by adding the condition that the agency must have 'actual knowledge' of the sacred site or have been 'formally notified' before the consent obligation is triggered.

New provisions require the Department of General Services, in coordination with the Capitol Protective Section, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol Building Annex and grounds. The Capitol Protective Section must also avoid undue harm when handling tribal instruments and regalia.

Section 5097.1001(a) was modified to explicitly include 'practices on state public lands' in the list of protected religious and spiritual practices.

The fiscal note changed 'State-mandated local program' from 'yes' to 'no,' indicating the amended bill no longer imposes a state-mandated local program requiring reimbursement under the California Constitution.