RCW ch. 43.376 — Revised Code of Washington Chapter 43.376 RCW — Government-To-Government Relationship With Indian Tribes

RCW 43.376.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Indian tribe" means any federally recognized Indian tribe whose traditional lands and territories included parts of Washington. (2) "State agency" means an agency, department, office, or the office of a statewide elected official, of the state of Washington. [ 2012 c 122 s 1.] RCW 43.376.020 Government-to-government relationships—State agency duties. In establishing a government-to-government relationship with Indian tribes, state agencies must: (1) Make reasonable efforts to collaborate with Indian tribes in the development of policies, agreements, and program implementation that directly affect Indian tribes and develop a consultation process that is used by the agency for issues involving specific Indian tribes. Covered agencies, as defined in RCW 70A.02.010, subject to the requirements of chapter 70A.02 RCW, must offer consultation with Indian tribes on the actions specified in RCW 70A.02.100. State agencies described in RCW 70A.65.305 must offer consultation with Indian tribes on the actions specified in RCW 70A.65.305; (2) Designate a tribal liaison who reports directly to the head of the state agency; (3) Ensure that tribal liaisons who interact with Indian tribes and the executive directors of state agencies receive training as described in RCW 43.376.040; and (4) Submit an annual report to the governor on activities of the state agency involving Indian tribes and on implementation of this chapter. [ 2022 c 253 s 3. Prior: 2021 c 316 s 40; 2021 c 314 s 23; 2012 c 122 s 2.] NOTES: Short title— RCW 43.376.030 State agency tribal liaison. The position of tribal liaison within a state agency is responsible for: (1) Assisting the state agency in developing and implementing state and agency policies that promote effective communication and collaboration between the state agency and tribal governments; (2) Serving as a contact person with tribal governments and maintaining communication between the state agency and affected tribal governments; and (3) Coordinating training of state agency employees in government-to-government relations. [ 2012 c 122 s 3.] RCW 43.376.040 Training requirement. Training required under RCW 43.376.020 for state agency employees must include at a minimum: (1) Effective communication and collaboration between state agencies and Indian tribes; (2) Cultural competency in providing effective services to tribal governments and tribal members; and (3) Use of training services such as those provided through the governor's office of Indian affairs. [ 2012 c 122 s 4.] RCW 43.376.050 Meetings with statewide elected officials and tribal leaders—List of contact information. (1) At least once a year, the governor and other statewide elected officials must meet with leaders of Indian tribes to address issues of mutual concern. (2) The governor must maintain for public reference an updated list of the names and contact information for the individuals designated as tribal liaisons and the names and contact information for tribal leadership as submitted by an Indian tribe. [ 2012 c 122 s 5.] RCW 43.376.060 Right of action or right of review not conferred. Nothing in this chapter creates a right of action against a state agency or a right of review of an action by a state agency. [ 2012 c 122 s 6.] RCW 43.376.500 Office of Indian affairs—Creation—Duties. (1) There is hereby created as a cabinet agency of the governor, the office of Indian affairs. (2) The office of Indian affairs shall have the following responsibilities: (a) Assist the governor in the development and review of effective policies and legislation to support the state of Washington in fostering strong and meaningful relationships with federally recognized Indian tribes, whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, tribal organizations, and urban Indian organizations; (b) In accordance with RCW 43.376.020, provide a training focused on fostering effective communication and collaboration between the state and federally recognized Indian tribes, whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, which the heads of each executive and small cabinet agency, and each of the governor's policy advisors and executive leadership team members, shall attend; (c)(i) In partnership with relevant agencies including the department of enterprise services, the office of financial management state human resources, and agency tribal liaisons, expand upon RCW 43.376.020 to produce additional training for state employees. (ii) The office of Indian affairs shall consult with tribal nations in the development of the training. (iii) The training shall be made available to state employees in an accessible manner, including but not limited to an electronic, digital format to facilitate access for state employees. (iv) Cabinet agencies shall work with the office of Indian affairs to determine appropriate staff and timing to receive the training; (d) Advise state agencies and departments concerning issues relative to federally recognized Indian tribes, whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, and Indian organizations of Washington state; (e) Be the governor's liaison between the state of Washington, Indian tribal governments, and Indian organizations; (f) Be liaison and advisor to the governor and state agencies on federal and state legislation and policies in Indian affairs; (g) In collaboration with state agency tribal liaisons, provide assistance and advice to state agencies, departments, boards, and commissions concerning tribal relationships and issues impacting tribal rights, communities, lands, and interests, and other American Indian or Alaskan Native residents and communities of Washington state; (h) Regularly convene meetings with tribal nations and relevant state parties to discuss issues of mutual interest in a timely manner; and (i) Facilitate and convene meetings with tribal leaders annually to implement the Centennial Accords, including the development of the agenda, identifying joint strategies, and achieving specific goals. [ 2026 c 245 s 1.] RCW 43.376.510 Office of Indian affairs—Executive director. (1) The executive head of the office of Indian affairs shall be the executive director, who shall be appointed by the governor, with the consent of the senate, and serve at the pleasure of the governor as part of the governor's executive cabinet. He or she shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. (2) The executive director shall employ a staff, who shall be state employees pursuant to Title 41 RCW. The executive director shall prescribe the duties of the staff as may be necessary to implement the purposes of this chapter and may delegate such of his or her powers, duties, and functions to other officers and employees of the office as he or she may deem necessary to the fulfillment of the purposes of this chapter. [ 2026 c 245 s 2.] RCW 43.376.520 Office of Indian affairs—Establishment of procedures and requirements—Receipt of gifts and grants. The office of Indian affairs may establish procedures and requirements for operations and expenditures to support and enhance state government partnership and relationships with tribal nations. Such operations and expenditures are intended to strengthen state-tribal relations and provide resources for government-to-government engagement. The office of Indian affairs may accept or request grants or gifts from citizens and other private sources to be used to defray the costs of appropriate hosting of state-tribal relations gatherings, including appropriate gift giving and reciprocal gift receiving, or other activities of the office. The office shall open and maintain a bank account into which it shall deposit all money received under this section. Such money and the interest accruing thereon shall not constitute public funds, shall be kept segregated and apart from funds of the state, and shall not be subject to appropriation or allotment by the state or subject to chapter 43.88 RCW. [ 2026 c 245 s 4.] RCW 43.376.530 Office of Indian affairs—Annual report. (1) On or before November 1st of each year, the office of Indian affairs shall prepare and submit to the governor and the legislature an annual written report of the operations, activities, programs, and services of the office for the preceding fiscal year. (2) For each operation, activity, program, or service provided by the office of Indian affairs, the annual report shall include: (a) A description of the operation, activity, program, or service; (b) Budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service; (c) Goals, challenges, and achievements related to the operation, activity, program, or service; (d) Relevant federal and state statutory references and requirements; and (e) Other information determined by the office of Indian affairs that: (i) May be needed, useful, or of historical significance; or (ii) Promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials. (3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the legislature. (4) The office of Indian affairs shall: (a) Submit the annual report in accordance with RCW 43.01.036; and (b) Make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the office's website. [ 2026 c 245 s 5.] RCW 43.376.900 Construction—Sovereignty of tribes. (1) The legislature hereby finds and declares that nothing in this chapter, including, without limitation, the creation of the office of Indian affairs, is intended to infringe upon the sovereignty of Indian tribes who are federally recognized by the United States as possessing powers of self-government and whose traditional lands and territories included parts of Washington as described in RCW 43.376.010. (2) Indians subject to the jurisdiction of the state of Washington pursuant to the provisions of Title 9A RCW and chapter 37.12 RCW are entitled to all services of the state of Washington including, without limitation, correctional legal aid, public defender, probational and psychiatric services afforded to any other persons who are defendants in criminal actions or parties to civil actions in the courts of this state. (3) The provisions of Title 9A RCW and chapter 37.12 RCW do not preclude Indian tribes, who are federally recognized by the United States as possessing powers of self-government and whose traditional lands and territories included parts of Washington as described in RCW 43.376.010, from enacting their own laws, regulations, and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure. [ 2026 c 245 s 3.]