Under current CEQA law, lead agencies typically evaluate whether a project would impact historic or archaeological resources. Although impacts to Native Americans may be evaluated, AB 52 specifically mandates evaluation of whether a project will impact "tribal cultural resources" which include sites, features, places, cultural landscapes, sacred places, and objects with cultural value to tribes. If the potential for impacts to such resources exists, as with other environmental impacts, increasing levels of CEQA analysis, mitigation measures, and the consideration of alternatives is required. Input from a tribe as to what is culturally significant to that tribe will drive the analysis for a given project. These changes take effect on July 1, 2015.

AB 52 establishes a new and powerful role for Native American tribes in the CEQA process through mandatory consultation provisions. If a tribe contacts a lead agency and asks to be notified of projects within a specific geographic area, the tribe must be notified of all applications triggering CEQA review in that area going forward. Upon request, the lead agency, with the participation of the applicant, must engage in consultation with the tribe that is designed to produce mitigation for impacts to tribal cultural resources. Information produced by tribes on a confidential basis may not be publicly disclosed, and in certain cases, will be included only in confidential appendices to CEQA documents. Consultation may conclude only when the parties agree on mitigation measures, or when a party acting in good faith and after making reasonable effort, concludes that an agreement cannot be reached. Lead agencies are precluded from releasing a negative declaration, mitigated negative declaration, or environmental impact report without satisfying the consultation requirement. If the parties fail to reach agreement, the lead agency is instructed to consider a list of statutory mitigation measures that include, among other things, avoidance and preservation in place.

The final version of AB 52 includes important provisions that circumscribe the ability of tribes to delay consultation requests to the detriment of project applicants. That being said, lead agencies must comply with precise notice provisions or risk challenges to adopted CEQA documents.