Committee Hears Bill Letting Full FSEC Hold Confidential Consultations With Tribes

House members on the Environment and Energy Committee heard testimony on House Bill 2,496 on the bill’s goal to expand government-to-government consultations between federally recognized tribes and the Energy Facilities Site Evaluation Council (FSEC).

Matt Sterling, staff to the committee, told members the bill would require the entire FSEC rather than only the chair to conduct consultations and would "allow the tribe to either request corrections or for additional information to be added and also to submit the tribe's own summary to be included in the report." He said consultations would be exempted from the Open Public Meetings Act "as long as there was no deliberation between or commitments made by FSEC members."

Representative Stearns, the bill’s prime sponsor, characterized the measure as "pretty straightforward" and said "we just have to do a better job of consulting with tribes," arguing confidential sessions let tribes disclose sensitive cultural information without making those details publicly available and risking damage to sacred sites.

Testimony for the bill included tribal leaders and agency staff. Jeremy Takala of the Yakama Nation said Yakama Nation is "pro on this very important bill," noting that many energy projects are proposed in the tribe's treaty territory and that confidential meetings would let the tribe inform FSEC members about sacred sites without delaying the review timeline. Charlene Taliquis, a Yakama Nation council member, also voiced strong support.

Opposition and cautions came from industry and some agency representatives. Peter Godlewski of the Association of Washington Business said the bill "goes a little bit further" than necessary and raised "ex parte and due process concerns for applicants of projects before FSEC," adding AWB is opposed in its current form. Lisa McClain, FSEC's policy manager and tribal liaison, said the proposed change would give FSEC an "additional option" to hear tribes directly but warned some wording could unintentionally alter other statutory provisions and should be refined.

Supporters, including labor and conservation groups, urged protections for cultural resources while acknowledging the need to address concerns about open-ended timelines or ex parte communications. Stephanie Masterman of Washington Conservation Action said the bill would "support [the obligation of] respect for tribal sovereignty" while maintaining openness so long as no deliberation or commitments occur during confidential consultations.

The committee closed the hearing on HB 2,496 with no vote taken and moved to the next bill.