Introduction

On September 25, 2025, the California Natural Resources Agency (CNRA) released an updated Tribal Consultation Policy (the “Policy”), which establishes a policy of early, often, and meaningful consultations on a government-to-government basis with federally recognized California Native American tribes, and consultations with nonfederally recognized California Native American tribes, as appropriate, on activities that may impact tribal communities. The Policy applies to CNRA and all CNRA departments, commissions, boards, and conservancies – including the San Francisco Bay Conservation and Development Commission (BCDC). Pursuant to the Policy, BCDC adopts this addendum¹ (“Addendum”) containing additional BCDC-specific tribal consultation practices to build on the Policy and support our specific mission to protect and enhance San Francisco Bay and advance the Bay’s responsible, productive, and equitable uses — for today and for generations to come — as we face a changing climate, rising sea levels, and increased shoreline flooding.

Background

Native peoples have inhabited and stewarded the shorelines and waters of the Bay Area and areas within BCDC’s jurisdiction for over ten thousand years. California Native American tribes (as defined in the Policy) stewarded the land by practicing subsistence fishing and gathering, traveling the Bay, caring for ecosystems, and celebrating the land through ceremony, a relationship that continues to today. In the 1700s and 1800s, California Native American tribes experienced devastating impacts to their members and ways of life, including infectious disease, land and resource theft, cultural suppression, violence, forced removal from homelands, slavery and forced labor, and forced separation from family members. Entire Bay Area tribes, such as the Yelamu Tribe who originally inhabited San Francisco, were nearly decimated. However, members of many tribes survived, and the Bay Area is still home to several tribes including the Confederated Villages of Lisjan, Ohlone, Coast Miwok, Bay Miwok, Patwin, and others.

An example of important tribal cultural resources (as defined in the Policy) in the Bay Area are shellmounds, human-made mounds of earth and organic matter, some nearly 5,000 years old. Tribes built up shellmounds along the Bay shoreline over thousands of years of storing natural waste, and used them for human burial, ceremony, trading, wayfinding, inter-tribal communication, and more. However, today only four of the original 425 shellmounds in the Bay Area remain, meaning 99% have been demolished, buried under development, or a combination of the two.

Maps suggest that many of the Bay Area’s shellmounds were (and possibly still are) in areas within BCDC’s jurisdiction. Because of the potential for projects subject to approval by BCDC to negatively impact tribal cultural resources, such as shellmounds, BCDC appreciates the need to implement a formal tribal engagement and consultation policy to better understand the interests of Bay Area tribes.

BCDC acknowledges that Bay Area tribes and their members have served as stewards of the Bay’s important coastal resources for over 10,000 years and possess unique and valuable knowledge and practices for conserving and managing these resources in a sustainable manner, a value that underlies BCDC’s mission.

Planning Matters

The San Francisco Bay Plan is BCDC’s comprehensive plan for the Bay and its shoreline. BCDC also has other plans that help supplement the Bay Plan. For example, Special Area Plans provide more specific rules for discrete geographical areas and are considered part of the Bay Plan, although they are separate documents. Additionally, the Suisun Marsh Protection Plan serves to protect the quality and diversity of the Suisun Marsh aquatic and wildlife habitats and to assure retention of upland areas adjacent to the Suisun Marsh in uses compatible with its protection.

Plan Amendments. During the work planning phase of a proposed plan amendment, BCDC staff are encouraged to identify whether there any tribes traditionally connected to the area impacted by the proposed plan amendment, or other tribes that may otherwise be impacted by the proposed plan amendment. At staff’s discretion before the proposed plan amendment is sufficiently developed, staff may notify any identified tribes about the proposed plan amendment, including the anticipated scope, location(s) impacted, and other available details as may be appropriate to share. At that time, staff may offer an opportunity for the tribe to share any preliminary feedback.

When staff have determined that the scope and substance of the underlying materials of a proposed plan amendment are sufficiently developed, staff should send written notification to any identified tribes about the proposed plan amendment and offer an opportunity to consult. Staff may determine that additional requests for consultation are appropriate prior to Commission approval of the proposed plan amendment on a project-by-project basis.

Staff will ensure that tribes which have consulted with staff on a particular plan amendment are included as an interested party for that planning matter. Staff will send written notice regarding any upcoming hearings about the plan amendment to those consulting tribes.

The BCDC department tribal liaison is available to support staff in determining whether a planning matter will have a potential impact on a tribe or tribal cultural resources and how to initiate consultation, as appropriate.

Subregional Shoreline Adaptation Plans. Pursuant to Senate Bill 272 (Laird 2023), local governments within BCDC’s jurisdiction must develop a subregional shoreline adaptation plan (Subregional Plan) that is consistent with the requirements set forth in the Regional Shoreline Adaptation Plan (RSAP) and subject to the approval of BCDC. When preparing a Subregional Plan, local governments must comply with the requirements within the RSAP, including those pertaining to government-to-government tribal consultations.

Once a local government has submitted to BCDC a complete Subregional Plan for review and approval after formal adoption in accordance with RSAP requirements, BCDC staff will assess whether the Subregional Plan conforms with the requirements within the RSAP, including those relating to tribal consultations.

Permitting and Federal Consistency Matters

Most activities in the San Francisco Bay and along its shoreline require a permit from BCDC. This is an applicant driven process and several regulatory pathways for project approval in BCDC’s jurisdiction are possible depending on the project size and complexity. With respect to the permit application process, permit analysts strive to work with permit applicants to identify potential project impacts to tribal cultural resources. The BCDC department tribal liaison is available to support permit analysts in determining whether a project will have a potential impact on a tribe or tribal cultural resources and how to initiate consultation, as appropriate.

Pre-Application. Applicants are encouraged to meet with permitting staff prior to submitting a permit application. As part of a pre-application meeting, staff may inquire about outreach efforts related to the applicant’s proposed project, including the applicant’s efforts to consult with tribes as part of the project development.

Permit Application Review. Once a permit application is submitted, permit analysts review applications for completeness, prior to deeming the application “filed” (pursuant to 14 C.C.R. §§ 10310, 10611). During application review, permit analysts will assess whether and how an applicant consulted with tribes and considered the effects of the project on tribal cultural resources, if applicable.

Permit Application Hearing. Once a permit application is filed, BCDC staff will ensure that tribes which have consulted with staff on that permit application are included as an interested party for that permit application. BCDC staff will send written notice regarding any upcoming hearings about the permit application to those consulting tribes.

Federal Consistency. With respect to federal consistency determinations or consistency certifications issued pursuant to the Coastal Zone Management Act, BCDC staff will assess whether and how the applicant consulted with tribes and considered the effects of the project on tribal cultural resources, if applicable. Staff will ensure that tribes which have consulted with staff on that federal consistency matter are included as an interested party for that matter. BCDC staff will send written notice regarding any upcoming hearings about the federal consistency matter to those consulting tribes. Nothing in this Addendum shall be interpreted as creating or modifying any obligations regarding tribal consultation affecting federal agencies or applicants seeking a federal consistency determination or certification from BCDC.

Tribal Liaison

A department tribal liaison is required under the Policy and is responsible for observing the roles and responsibilities as outlined in the Policy. However, only the Executive Director of BCDC has the authority to act and make decisions on behalf of BCDC during tribal consultations.

The BCDC department tribal liaison is Dalila Adofo, Manager for Climate Equity and Community Engagement. Please contact Dalila at dalila.adofo@bcdc.ca.gov with any questions regarding this Addendum.

Limitations of Addendum

The McAteer-Petris Act, Permit Streamlining Act, and other state and federal law impose various deadlines on certain BCDC actions, including permit applications. BCDC will strive to conduct tribal consultation, as outlined in the Policy and this Addendum, within these statutory deadlines; however, BCDC often does not have the authority to modify statutory deadlines for BCDC actions and may, therefore, need to consult in a different manner or timeframe in cases where BCDC must act pursuant to statutory deadlines. Additionally, to the extent that any state, federal, or other applicable law requires BCDC to consult with tribes in a manner that conflicts with the procedures outlined in the Policy or this Addendum, BCDC will follow the requirements of that law rather than the procedures in the Policy or this Addendum. The Policy and this Addendum are not intended to create, and do not create, any rights, obligations, or benefits, whether substantive or procedural, or enforceable at law or in equity, against BCDC or its officers, employees, or any other party. Nothing in the Policy or this Addendum shall be deemed to limit or expand the duties, sovereignty, or jurisdiction of any tribe or BCDC.

Footnote(s):

¹ Where a practice within the Policy conflicts with a practice within this Addendum, the practice within the Policy controls.