EFSEC revises tribal consultation policy after HB 2496; public comment window set

Lisa MacLean, EFSEC’s legislative and policy manager and tribal liaison, told the council April 15 that staff circulated a draft tribal consultation policy, held a virtual meeting with tribes March 23 and received written comments from the Cowlitz Tribe. Staff plan to reissue the policy to tribes for an additional 30-day comment period, with a target deadline of May 17 for final comments and an expected final document by the end of May.

MacLean said the policy revisions reflect recent legislation: HB 2496 was signed by the governor March 30 and will take effect June 11, 2026. Staff outlined requested clarifications from tribes about the role of the Department of Archaeology and Historic Preservation, what financial support EFSEC can provide for tribal participation, and drafting plain-language improvements. She said staff will correct document headers and incorporate substantive clarifications, including how the policy defines the scope of federally recognized tribes and applicability to treaty and treaty-free tribes.

Council members asked whether tribes receive multiple notifications during project review (pre-application, CEPA/SEPA steps, and later filings). Staff said CEPA is integrated into EFSEC’s review process and that staff will notify tribes when threshold determinations and other relevant milestones occur. MacLean also noted upcoming government-to-government consultations in Colville and Kahlotus and continued coordination on projects such as the Cascade Renewable Transmission project.