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Bill to limit state burdens on tribal cultural practices advances to hearing with broad testimony
Summary
House Substitute Bill 2,281 would bar state agencies from imposing an undue burden on tribes’ exercise of traditional cultural practices at tribal traditional cultural places except for a compelling state interest and the least restrictive means; testimony ranged from tribal leaders urging enforceable protections to industry calls for clearer, narrower language.
OLYMPIA — Members of the Capital Budget Committee heard briefings and an extended public hearing on Substitute House Bill 2,281, which would create a private cause of action allowing a tribe to sue in superior court if a state agency’s action imposes an undue burden on tribal traditional cultural practices.
Rob Hatfield, staff to the committee, told members the substitute before them would prohibit state agencies from imposing an undue burden on a tribe’s exercise of traditional cultural practices at a tribal traditional cultural place unless that burden furthers a compelling state interest and is the least restrictive means of doing so. He also said the substitute creates a private right of action and noted an early fiscal note…
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