For any SCC grant program that is funded by the Climate Commitment Act, the statute requires that applicants notify, “all affected federally recognized Tribes within the project area,” about their proposed project as early as possible prior to approval of funding.
The notifications must follow the instructions below:
NOTE: This requirement is separate from and in addition to cultural resources requirements they cannot be combined into one process.
Questions? Contact your regional manager or Kate Delavan for help.
Regarding the pre-application notification requirement:
(2) At the earliest possible date prior to submittal of an application, applicants for funding from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270 shall engage in a preapplication process with all affected federally recognized tribes within the project area.
(a) The preapplication process must include the applicant notifying the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. The notification must include geographical location, detailed scope of the proposed project, preliminary application details available to federal, state, or local governmental jurisdictions, and all publicly available materials, including public funding sources.
(b) The applicant must also offer to discuss the project with the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. Discussions may include the project's impact to tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order.
- Excerpt from RCW 70A.65.305.
What are SCC's CCA-funded programs?
SCC currently has several programs that are funded by the CCA. Those programs include the Riparian Grant Program, Forest Health and Community Wildfire Resiliency and Sustainable Farms and Fields. Learn about all our CCA funded programs here.
What if the Tribe wants to consult on a project?
If a Tribe asks to consult on a project, the project needs to pause while you/we listen to concerns or questions from the Tribe. Hopefully there will be a way to address any concerns and answer any questions. In the event that is not the case, the statute lays out a path for dispute resolution. During that process the project/funding for that project is paused. If you would like any assistance from SCC on this process please reach out to your regional manager or SCC policy director.
How is this different from cultural resources?
The requirement to protect cultural resources stems from a statute and in the case of state-funded projects, from the Governor’s Executive Order 21-02. The process for complying with EO 21-02 can be found here. While there is some potential overlap between cultural resource concerns and those a Tribe may have under this notification process, this is mostly not about archeological/cultural resources. This requirement is written into the Climate Commitment Act which clearly indicates that this process is separate from and in addition to the cultural resources review process. Tribes may review these projects with a wider range of questions and concerns in mind.
What about non-federally recognized tribes?
The requirement is only for federally recognized tribes.
Am I limited to Tribes on the GOIA map for my project area? What if other Tribes have expressed interest?
The language is specific to concerns raised by Tribes. The GOIA map is the best statewide information we have available but may not represent the interests of all Tribes in a given area. If a federally recognized Tribe has indicated to you that they are interested in your project area, also send the notification to them
What about landowner privacy?
Grant applications and these notifications to Tribes are public information. The facts influencing tribal consultation can be very specific to the site, so specific locational information needs to be provided to the Tribe(s) just like we do with cultural resources.
How long is the waiting period?
There is not a specific time horizon within which a Tribe must respond to this notification. If you or the Commission receive request for consultation, it may be necessary to pause the project while conversations occur. This is another reason that the earlier you can send these notifications the better.
How can we help this go smoothly?
The more you can build relationships and establish open lines of communication with Tribes locally, the easier this process is likely to be for everyone. Some Districts have regular meetings with Tribes in their area and even collaborate on project lists. Not every Tribe will be interested in doing this but in some areas it is working well.
Do we have to address concerns by DAP and WDFW?
While notification is required, the consultation and dispute resolution language in the statute is specific to concerns raised by Tribes. That said, it is likely wise to respond and discuss any concerns raised by sister agencies.
What if I already received funding?
This is required for any CCA-funded project that doesn't have a funding agreement. If you have already received funding we are not asking to send a retroactive notification letter at this time.
For a project receiving CCA funding from both SCC and an other state agency, do we have to send a separate notification to Tribes using SCC’s template?
No. You do not have to duplicate a notification sent for your project using another agency’s template, provided it contains all the required information and provided there is no additional scope or locational footprint. Add the SCC agency contact information in the last paragraph and send a copy of the notifications sent on behalf of the other funder to CCA@scc.wa.gov.
Are we to notify tribes even if we don't know if our projects will be funded?
Yes. Tribes must be notified even if you do not yet know if a project will be funded.
