The California Public Utilities Commission (CPUC) opened Rulemaking 22-02-002 in February 2022 to consider changes to the Tribal Land Transfer Policy (TLTP) and implementation issues. After tribal consultations and reviewing party comments, the CPUC issued a Scoping Ruling determining that the Rulemaking would consider:
- Whether
to Modify the TLTP and associated Implementation Guidelines to facilitate tribes’
efforts to regain lands within their ancestral territory that are currently
owned by investor-owned utilities (IOUs).
- Whether to modify the TLTP to ensure meaningful consideration of tribal interests on matters within the CPUC’s jurisdiction.
- How to apply tribal law when utilities work on tribal trust lands.
- How to ensure information exchange and update tribal easements and rights of way.
- Improving tribal participation in CPUC proceedings and programs.
- Impacts on environmental and social justice communities.
Additional tribal workshops were held in early 2024. On July 20, 2024, the Mono Lake Kootzaduka’a Tribe submitted comments asking a series of questions regarding whether, how, and under what circumstances tribes could seek an inventory of IOU-owned lands that may be appropriate for return to tribes. The Mono Lake Kootzaduka’a Tribe’s comments also suggested that land return could be considered as a condition of IOU licensing and serve as a form of mitigation for past injustices.
A July 24 Administrative Law Judge's Ruling provided notice of this submission, and instructed that parties to the TLTP proceeding may file comments in response to the Tribe’s comments and questions. Comments are due August 8, 2024.
Contact: Lynn Haug
