California tribe enters first-of-its-kind agreement with the state to practice cultural burns

Northern California’s Karuk Tribe has for more than a century faced significant restrictions on cultural burning — the setting of intentional fires for both ceremonial and practical purposes, such as reducing brush to limit the risk of wildfires.

That changed this week, thanks to legislation championed by the tribe and passed by the state last year that allows federally recognized tribes in California to burn freely once they reach agreements with the California Natural Resources Agency and local air quality officials.

The tribe announced Thursday that it was the first to reach such an agreement with the agency.

“Karuk has been a national thought leader on cultural fire,” said Geneva E.B. Thompson, Natural Resources’ deputy secretary for tribal affairs. “So, it makes sense that they would be a natural first partner in this space because they have a really clear mission and core commitment to get this work done.”

In the past, cultural burn practitioners first needed to get a burn permit from the California Department of Forestry and Fire Protection, a department within the Natural Resources Agency, and a smoke permit from the local air district.

The law passed in September 2024, SB 310, allows the state government to, respectfully, “get out of the way” of tribes practicing cultural burns, said Thompson.

For the Karuk Tribe, Cal Fire will no longer hold regulatory or oversight authority over the burns and will instead act as a partner and consultant. The previous arrangement, tribal leaders say, essentially amounted to one nation telling another nation what to do on its land — a violation of sovereignty. Now, collaboration can happen through a proper government-to-government relationship.

The Karuk Tribe estimates that, conservatively, its more than 120 villages would complete at least 7,000 burns each year before contact with European settlers. Some may have been as small as an individual pine tree or patch of tanoak trees. Other burns may have spanned dozens of acres.

“When it comes to that ability to get out there and do frequent burning to basically survive as an indigenous community,” said Bill Tripp, director for the Karuk Tribe Natural Resource Department, “one: you don’t have major wildfire threats because everything around you is burned regularly. Two: Most of the plants and animals that we depend on in the ecosystem are actually fire-dependent species.”

The Karuk Tribe’s ancestral territory extends along much of the Klamath River in what is now the Klamath National Forest, where its members have fished for salmon, hunted for deer and collected tanoak acorns for food for thousands of years. The tribe, whose language is distinct from that of all other California tribes, is currently the second largest in the state, having more than 3,600 members.

The history of the government’s suppression of cultural burning is long and violent. In 1850, California passed a law that inflicted any fines or punishments a court found “proper” on cultural burn practitioners.

In a 1918 letter to a forest supervisor, a district ranger in the Klamath National Forest — in the Karuk Tribe’s homeland — suggested that to stifle cultural burns, “the only sure way is to kill them off, every time you catch one sneaking around in the brush like a coyote, take a shot at him.”

For Thompson, the new law is a step toward righting those wrongs.

“I think SB 310 is part of that broader effort to correct those older laws that have caused harm, and really think through: How do we respect and support tribal sovereignty, respect and support traditional ecological knowledge, but also meet the climate and wildfire resiliency goals that we have as a state?” she said.

The devastating 2020 fire year triggered a flurry of fire-related laws that aimed to increase the use of intentional fire on the landscape, including — for the first time — cultural burns.

The laws granted cultural burns exemptions from the state’s environmental impact review process and created liability protections and funds for use in the rare event that an intentional burn grows out of control.

“The generous interpretation of it is recognizing cultural burn practitioner knowledge,” said Becca Lucas Thomas, an ethnic studies lecturer at Cal Poly and cultural burn practitioner with the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. “In trying to get more fire on the ground for wildfire prevention, it’s important that we make sure that we have practitioners who are actually able to practice.”

The new law, aimed at forming government-to-government relationships with Native tribes, can only allow federally recognized tribes to enter these new agreements. However, Thompson said it will not stop the agency from forming strong relationships with unrecognized tribes and respecting their sovereignty.

“Cal Fire has provided a lot of technical assistance and resources and support for those non-federally recognized tribes to implement these burns,” said Thompson, “and we are all in and fully committed to continuing that work in partnership with the non-federally-recognized tribes.”

Cal Fire has helped Lucas Thomas navigate the state’s imposed burn permit process to the point that she can now comfortably navigate the system on her own, and she said Cal Fire handles the tribe’s smoke permits. Last year, the tribe completed its first four cultural burns in over 150 years.

“Cal Fire, their unit here, has been truly invested in the relationship and has really dedicated their resources to supporting us,” said Lucas Thomas, ”with their stated intention of, ‘we want you guys to be able to burn whenever you want, and you just give us a call and let us know what’s going on.’”