Concerning tribal consultation conducted by the energy facility site evaluation council.
Effective date 6/11/2026.
Summary
The law obligates the Energy Facility Site Evaluation Council to notify local governments, the state archaeology department, and any affected federally recognized tribes before certifying construction, reconstruction, or enlargement of certain energy projects. Within 90 days of an application, the council must offer meaningful tribal consultation, provide a summary of that process to the governor and the tribe, and allow the tribe to request corrections. The rule applies to large transmission lines, biofuel plants, alternative‑energy sites, clean‑energy manufacturing, storage and fusion facilities, but excludes routine maintenance and minor improvements.
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