CONSENT 

Bill No: AB 1662

Author: Ramos (D) and Gloria (D)

Amended: 3/28/19 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/12/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/9/19 (Consent) - See last page for vote

SUBJECT: Native Americans: repatriation

SOURCE: Author

DIGEST:

This bill expands the membership of the University of California’s systemwide Native American Graves Protection and Repatriation Act (UC NAGPRA) Implementation and Oversight Committee, from two to three voting members from a tribe located in California thereby increasing the Committee’s overall membership to eight individuals (one-nonvoting).

ANALYSIS:

Existing law:

1. Creates the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, which, in part:
   1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate "cultural items" to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
   2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
   3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
   4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;
   5. Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of NAGPRA, as provided; and,
   6. Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations. (Public Law 101- 601; 25 U.S.C. 3001-3013)
2. Establishes the UC, a public trust to be administered by the Regents of the UC and grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (Article IX, Section (9)(a) of the California Constitution).
3. Grants the UC Regents regulatory authority over the UC. (EC § 92440, et seq.)
4. Creates the California Native American Graves Protection and Repatriation (Cal NAGPRA), which, in part:
   1. Requires that any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects complete an inventory of all these remains and associated funerary objects, as specified;
   2. Provides that a tribe claiming state cultural affiliation and requesting the return of human remains and cultural items listed in the inventory or summary of an agency or museum that requests the return of human remains and cultural items not listed in the inventory but believed to be in the possession or control of the agency or museum in the state, do both of the following:
      1. File a written request for the human remains and cultural items with the commission and the agency or museum believed to have possession or control; and,
      2. Provide evidence to establish that the items claimed are cultural items and are culturally affiliated with the California Indian tribe making the claim. Evidence of cultural affiliation need not be provided in cases where cultural affiliation is reasonably established by the inventory or summary.
   3. Creates a dispute resolution process if there is more than one request for repatriation for the same item, or there is a dispute between the requesting party and the agency or museum, or if a dispute arises in relation to the repatriation process, as detailed;
   4. Provides that any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the Native American Heritage Commission, not to exceed $20,000 for each violation, pursuant to regulations adopted by the Commission; and,
   5. Further provides that a penalty assessed under this section shall be determined on the record after the opportunity for a hearing (Health and Safety Code (HSC) § 8010, et seq.).
5. Establishes UC NAGPRA, a structure for a UC systemwide campus-based NAGPRA process for repatriation for UC campuses that have Native American cultural artifacts or remains. Creates the UC NAGPRA Implementation and Oversight Committee, a UC administrative oversight committee, with membership as follows:
   1. Two voting members of a California Indian tribe as defined under the federal NAGPRA that are either an elder, spiritual leader, tribal leader, tribal member, or designated by the governing body of the individual’s tribe;
   2. One voting member of a California Indian tribe that is not recognized by the federal government, but is indigenous to the territory that is now known as the State of California, is listed in the Bureau of Indian Affairs Branch of Acknowledgement and Research petitioner list pursuant to Section 82.1 of Title 25 of the Federal Code of Regulations and is determined by the commission to be a tribe that is eligible to participate in the repatriation process set forth in this chapter;
   3. Four voting members from the UC. Not fewer than two of these members shall be affiliated with an American Indian or Native American Studies program; and,
   4. One nonvoting member from each UC campus that is subject to the federal NAGPRA (HSC § 8026).

This bill expands the membership of the UC NAGPRA Implementation and Oversight Committee, from two to three voting members from a tribe located in California thereby increasing the Committee’s overall membership to eight individuals (one-nonvoting).

Background

Federal and Cal NAGPRA. The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museum and federal agency collections. In the last 15 years, museums and federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as “culturally unidentifiable”.The federal NAGPRA assigned several implementation responsibilities to the Secretary of the Interior.

The Cal NAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, Cal NAGPRA established a 10-member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to subpoena, and to impose civil penalties. Further, Cal NAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary object to complete, by January 1, 2003, an inventory of all items and include specified information in the inventory that will facilitate return of the objects.

Current law, also requires the UC to develop and adopt policies in the manner specified for the repatriation of Native American artifacts and human remains that are consistent with the federal NAGPRA (described in the background of this analysis). Additionally, current law authorizes the California Native American Heritage Commission to review, comment and provide guidance on UC policy relative to NAGPRA.

UC policy and procedures on curation and repatriation of human remains and cultural items. To comply with NAGPRA, UC developed policy and procedures. The general principles of the UC's policy apply to all human remains in the UC's collections. The policy also pertains specifically to Native American and Native Hawaiian human remains and Cultural Items (defined per NAGPRA). Additionally, the intent of the policy is to assure that the respectful and dignified treatment of human remains and the consideration of living descendants of those deceased. The UC policy recognizes that individuals and communities have cultural and religious concerns that must be considered in determining the treatment and disposition of human remains in its collections.

Comments

Need for this bill. AB 2836 (Gloria, Chapter 823, Statutes of 2018) required the UC Regents, to establish and support a systemwide UC NAGPRA Implementation and Oversight Committee. According to the author, “as a follow-up to AB 2836, this bill updates this committee by adding an additional voting member from an Indian tribe to alleviate concerns related to repatriation delays.” The author asserts that this bill provides greater equity to Native American tribes within the UC NAGPRA.

This bill increasing the number of voting tribal members on the Committee that is equal to the number of members from the UC.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/21/19)

California Tribal Business Alliance

Morongo Band of Mission Indians

Tule River Tribal Council

OPPOSITION: (Verified 6/21/19)

None received

ASSEMBLY FLOOR: 76-0, 5/9/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Chen, Dahle, Voepel

Prepared by: Olgalilia Ramirez / ED. /

6/26/19 15:52:03

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 1662 Hearing Date: June 12, 2019

Subject: Native Americans: repatriation.

SUMMARY

This bill expands the membership of the University of California’s (UC) systemwide Native American Graves Protection and Repatriation Act Implementation, and Oversight Committee, from two to three voting members from a tribe located in California thereby increasing the committee’s overall membership to eight individuals (one-nonvoting).

BACKGROUND

Existing law:

Federal law

1. Creates the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, which, in part:
   1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate "cultural items" to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
   2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
   3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
   4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;
   5. Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act, as provided; and,
   6. Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations. (Public Law 101- 601; 25 U.S.C. 3001-3013)
2. Establishes the UC, a public trust to be administered by the Regents of the UC and grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (Article IX, Section (9)(a) of the California Constitution).
3. Grants the UC Regents regulatory authority over the UC. (EC § 92440, et seq.)
4. Creates the California Native American Graves Protection and Repatriation (Cal NAGPA), which, in part:
   1. Requires that any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects complete an inventory of all these remains and associated funerary objects, as specified;
   2. Provides that a tribe claiming state cultural affiliation and requesting the return of human remains and cultural items listed in the inventory or summary of an agency or museum that requests the return of human remains and cultural items not listed in the inventory but believed to be in the possession or control of the agency or museum in the state, do both of the following:
      1. File a written request for the human remains and cultural items with the commission and the agency or museum believed to have possession or control; and,
      2. Provide evidence to establish that the items claimed are cultural items and are culturally affiliated with the California Indian tribe making the claim. Evidence of cultural affiliation need not be provided in cases where cultural affiliation is reasonably established by the inventory or summary.
   3. Creates a dispute resolution process if there is more than one request for repatriation for the same item, or there is a dispute between the requesting party and the agency or museum, or if a dispute arises in relation to the repatriation process, as detailed;
   4. Provides that any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not to exceed $20,000 for each violation, pursuant to regulations adopted by the Native American Heritage Commission; and,
   5. Further provides that a penalty assessed under this section shall be determined on the record after the opportunity for a hearing (Health and Safety Code (HSC) § 8010, et seq.).
5. Establishes University of California (UC) Native American Graves Protection Act (UC NAPRA), a structure for a UC systemwide campus-based NAGPRA process for repatriation for UC campuses that have Native American cultural artifacts or remains. Creates UC Native American Graves Protection and Repatriation Act (UC NAGPRA), a UC administrative oversight committee, with membership as follows:
   1. Two voting members of a California Indian tribe as defined under the federal NAGPRA that are either an elder, spiritual leader, tribal leader, tribal member, or designated by the governing body of the individual’s tribe;
   2. One voting member of a California Indian tribe that is not recognized by the federal government, but is indigenous to the territory that is now known as the State of California, is listed in the Bureau of Indian Affairs Branch of Acknowledgement and Research petitioner list pursuant to Section 82.1 of Title 25 of the Federal Code of Regulations and is determined by the commission to be a tribe that is eligible to participate in the repatriation process set forth in this chapter;
   3. Four voting members from the UC. Not fewer than two of these members shall be affiliated with an American Indian or Native American Studies program; and,
   4. One nonvoting member from each UC campus that is subject to the federal NAGPRA (HSC § 8026).

ANALYSIS

This bill expands the membership of the UC NAGPRA Implementation, and Oversight Committee, from two to three voting members from a tribe located in California thereby increasing the committee’s overall membership to eight individuals (one-nonvoting).

STAFF COMMENTS

1. Need for the bill. AB 2836 (Gloria, Chapter 823, Statutes of 2018) the University of California (UC) Regents, to establish and support a systemwide UC NAGPRA Implementation and Oversight Committee. According to the author, “as a follow-up to AB 2836, this bill updates this committee by adding an additional voting member from an Indian tribe to alleviate concerns related to repatriation delays.” The author asserts that, this measure provides greater equity to Native American tribes within the UC Native American Graves Protection and Repatriation Act.

This bill increasing the number of voting tribal members on the committee that is equal to the number of members from the University of California.

1. Background on federal and Cal NAGPRA. The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museum and Federal agency collections. In the last 15 years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as “culturally unidentifiable”.The federal NAGPRA assigned several implementation responsibilities to the Secretary of the Interior.

The Cal Native American Graves Protection and Repatriation Act (Cal NAGPRA), enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, Cal NAGPRA established a ten-member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to subpoena, and to impose civil penalties. Further, Cal NAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary object to complete, by January 1, 2003, an inventory of all items and include specified information in the inventory that will facilitate return of the objects.

Current law, also requires the University of California to develop and adopt policies in the manner specified for the repatriation of Native American artifacts and human remains that are consistent with the federal NAGPRA (described in the background of this analysis). Additionally, current law authorizes the California Native American Heritage Commission to review, comment and provide guidance on UC policy relative to NAGPRA.

1. UC Policy and Procedures on Curation and Repatriation of Human Remains and Cultural items. Existing UC Policy and Procedures on Curation and Repatriation of Human Remains and Cultural Items. To comply with NAGPRA, UC developed policy and procedures. The general principles of the UC's policy apply to all human remains in the UC's collections. The policy also pertains specifically to Native American and Native Hawaiian human remains and Cultural Items (defined per NAGPRA). Additionally, the intent of the policy is to assure that the respectful and dignified treatment of human remains and the consideration of living descendants of those deceased. The UC policy recognizes that individuals and communities have cultural and religious concerns that must be considered in determining the treatment and disposition of human remains in its collections.

SUPPORT

California Tribal Business Alliance

Morongo Band of Mission Indians

Tule River Tribal Council

OPPOSITION

None received

-- END --

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA

Kansen Chu, Chair

ABPCA Bill Id:AB 1662 (

Author:Ramos) – As Amended Ver:March 28, 2019

SUBJECT: Native Americans: repatriation.

SUMMARY: Would add an additional member from a California Tribe to the systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, known as the U.C. NAGPRA Committee, with specified membership.

EXISTING FEDERAL LAW:

1. Creates the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, which, in part:
   1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate "cultural items" to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
   2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
   3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
   4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;
   5. Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act, as provided; and,
   6. Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations (Public Law 101- 601; 25 United States Code Sections 3001 to 3013).

EXISTING STATE LAW:

1. Creates the California Native American Graves Protection and Repatriation Act (NAGPRA), which, in relevant part, requires the University of California (UC) regents, or their designee, to establish and support a systemwide Native American Graves Protection and Repatriation Act (UC NAGPRA) Implementation and Oversight Committee, with specified membership, and for any campus subject to the federal NAGPRA to establish a campus implementation committee with specified membership and duties, as defined, and to timely submit the policies, procedures, and guidelines to the Native American Heritage Commission for approval by July 1, 2019.
2. Establishes the University of California (UC), a public trust to be administered by the Regents of the UC and grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to ensure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (California Constitution Article IX, Section (9)(a)).
3. Grants the UC Regents regulatory authority over the UC (Education Code Section (EC) 92440, et seq.).

FISCAL EFFECT: Unknown. This measure has been keyed fiscal by the Legislative Council.

COMMENTS:

1. Authors’ statement. According to the author, AB 1662 is a follow-up to AB 2836 (Gloria) of last session and is designed to provide California Native American tribes appropriate representation on the newly formed UC NAGPRA Campus Committee.
2. Background:
   1. Federal and Cal NAGPRA. The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museum and Federal agency collections. In the last 15 years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as “culturally unidentifiable.”

The Cal NAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, Cal NAGPRA established a ten-member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to subpoena, and to impose civil penalties. Further, Cal NAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary object to complete, by January 1, 2003, an inventory of all items and include specified information in the inventory that will facilitate return of the objects.

• 1. AB 2836 (Gloria), established UC NAGPRA Committee. Last session AB 2836 (Gloria), Chapter 823, Statutes of 2018, established a structure for a systemwide campus-based NAGPRA process for repatriation for those UC campuses that have Native American cultural artifacts or remains. AB 2836 also provided for a UC administrative oversight committee, UC NAGPRA, with membership as follows:
     1. Two voting members of a California Indian tribe as defined under the federal Native American Graves Protection and Repatriation Act that are either an elder, spiritual leader, tribal leader, tribal member, or designated by the governing body of the individual’s tribe.
     2. One voting member of a California Indian tribe that is not recognized by the federal government, but is indigenous to the territory that is now known as the State of California, is listed in the Bureau of Indian Affairs Branch of Acknowledgement and Research petitioner list pursuant to Section 82.1 of Title 25 of the Federal Code of Regulations and is determined by the commission to be a tribe that is eligible to participate in the repatriation process set forth in this chapter.
     3. Four voting members from the University of California. Not fewer than two of these members shall be affiliated with an American Indian or Native American Studies program and each of these members shall meet the requirements of subdivision (d).
     4. One nonvoting member from each campus of the University of California that is subject to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). Each of these nonvoting members shall meet the requirements of subdivision (d).

At the time, the author stated that the goals of AB 2836 included, “to enhance tribal participation and recognize that California tribes have expertise with respect to their histories and practices and which should be taken into account for disposition of culturally unidentifiable remains/objects.”

1. University of California's unique constitutional status. The California Constitution establishes the University of California (UC), a public trust to be administered by the Regents of the UC and grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services. (Article IX, Section (9)(a) of the California Constitution)
2. Prior related legislation.
   1. AB 2836 (Gloria), Chapter 823, Statutes of 2019, required the Regents of the University of California (UC) to establish and support a systemwide Native American Graves Protection and Repatriation Act (UC NAGPRA) Implementation and Oversight Committee, and for any campus subject to the federal NAGPRA to establish a campus implementation committee.
   2. AB 978 (Steinberg), Chapter 818, Statutes of 2001, AB 978 enacted the California Native American Graves Protection and Repatriation Act of 2001 to established a process for repatriating Native American human remains and cultural items that are currently in the possession of any state or local agency or any museum that receives state funds. The bill established a ten-member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to subpoena, and to impose civil penalties. The bill required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary object to complete, by January 1, 2003, an inventory of all items and include specified information in the inventory that will facilitate return of the objects.
3. Double referral. Should this bill pass out of this committee, it will be re-referred to the Assembly Committee on Higher Education.

REGISTERED SUPPORT / OPPOSITION:

Support

There is no support on file.

Opposition

There is no opposition on file.

Analysis Prepared by: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450

Date of Hearing: May 1, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1662

Author:(Ramos) – As Amended Ver:March 28, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill adds an additional member from a California Native American tribe to the University of California (UC) systemwide Native American Graves Protection and Repatriation Act (NAGPRA) Implementation and Oversight Committee, as specified.

FISCAL EFFECT:

Negligible.

COMMENTS:

1. Purpose. According to the author, adding an additional member from a California Native American tribe to the UC NAGPRA Implementation and Oversight Committee will alleviate concerns related to repatriation delays.
2. Federal NAGPRA. The federal NAGPRA requires federal agencies and institutions, including museums that receive federal funding, to repatriate "cultural items" to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations. UC has published a system-wide document titled "Policy and Procedures on Curation and Repatriation of Human Remains and Cultural Items" that describes UC's compliance with NAGPRA.
3. Prior Legislation. AB 2836 (Gloria), Chapter 823, Statutes of 2018, in part, required the UC Regents to establish and support the systemwide UC NAGPRA Implementation and Oversight Committee (to which AB 1662 adds an additional member) and, for any campus subject to the federal NAGPRA, to establish a campus implementation committee.

AB 2836 was thought necessary to bring consistent standards and best practices to the UC system's compliance with federal law governing human remains and related items, based on complaints of particular sites obstructing tribal government efforts to repatriate and properly respect human remains and cultural items.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 23, 2019

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 1662 (

Author:Ramos and Gloria) – As Amended Ver:March 28, 2019

SUBJECT: Native Americans: repatriation.

SUMMARY: Adds an additional member from a California Tribe to the University of California (UC) systemwide Native American Graves Protection and Repatriation Act (NAGPRA) Implementation and Oversight Committee, as specified.

EXISTING LAW:

Federal law.

1. Creates the NAGPRA of 1990, which, in part:
   1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate "cultural items" to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
   2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
   3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
   4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;
   5. Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act, as provided; and,
   6. Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations (Public Law 101- 601; 25 U.S.C. 3001-3013).

State law.

1. Establishes the UC, a public trust to be administered by the Regents of the UC and grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (Article IX, Section (9)(a) of the California Constitution).
2. Grants the UC Regents regulatory authority over the UC (Education Code Section 92440, et seq.).
3. Creates the California NAGPA (Cal NAGPA), which, in part:
   1. Requires that any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects shall complete an inventory of all these remains and associated funerary objects, as specified;
   2. Provides that a tribe claiming state cultural affiliation and requesting the return of human remains and cultural items listed in the inventory or summary of an agency or museum that requests the return of human remains and cultural items not listed in the inventory but believed to be in the possession or control of the agency or museum in the state, shall do both of the following:
      1. File a written request for the human remains and cultural items with the commission and the agency or museum believed to have possession or control; and,
      2. Provide evidence to establish that the items claimed are cultural items and are culturally affiliated with the California Indian tribe making the claim. Evidence of cultural affiliation need not be provided in cases where cultural affiliation is reasonably established by the inventory or summary.
   3. Creates a dispute resolution process if there is more than one request for repatriation for the same item, or there is a dispute between the requesting party and the agency or museum, or if a dispute arises in relation to the repatriation process, as detailed;
   4. Provides that any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not to exceed $20,000 for each violation, pursuant to regulations adopted by the Native American Heritage Commission; and,
   5. Further provides that a penalty assessed under this section shall be determined on the record after the opportunity for a hearing (Health and Safety Code (HSC) Section 8010, et seq.).
4. Establishes UC NAGPRA, a structure for a UC systemwide campus-based NAGPRA process for repatriation for UC campuses that have Native American cultural artifacts or remains. Creates UC NAGPRA, a UC administrative oversight committee, with membership as follows:
   1. Two voting members of a California Indian tribe as defined under the federal NAGPRA that are either an elder, spiritual leader, tribal leader, tribal member, or designated by the governing body of the individual’s tribe;
   2. One voting member of a California Indian tribe that is not recognized by the federal government, but is indigenous to the territory that is now known as the State of California, is listed in the Bureau of Indian Affairs Branch of Acknowledgement and Research petitioner list pursuant to Section 82.1 of Title 25 of the Federal Code of Regulations and is determined by the commission to be a tribe that is eligible to participate in the repatriation process set forth in this chapter;
   3. Four voting members from the UC. Not fewer than two of these members shall be affiliated with an American Indian or Native American Studies program; and,
   4. One nonvoting member from each UC campus that is subject to the federal NAGPRA (HSC Section 8026).

FISCAL EFFECT: Unknown

COMMENTS: Double referral. This bill was passed by the Assembly Committee on Arts, Entertainment, Sports, Tourism, and Internet Media on April 10, 2019, with a vote of 7-0.

Purpose for the measure. According to the author, the UC Regents are required, pursuant to AB 2836 (Gloria) of 2018, to establish a systemwide NAGPRA Implementation and Oversight Committee. The author contends that, “Adding an additional member from a California Native American tribe to the UC NAGPRA Implementation and Oversight Committee will alleviate concerns related to repatriation delays”.

Background on federal and Cal NAGPRA. The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museum and Federal agency collections. In the last 15 years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as “culturally unidentifiable”.

The federal NAGPRA assigned several implementation responsibilities to the Secretary of the Interior, including:

1. Promulgating implementing regulations;
2. Establishing and providing staff support to the Native American Graves Protection and Repatriation Review Committee;
3. Making grants to assist museums, Indian tribes, and Native Hawaiian organizations in fulfilling their responsibilities under the Act;
4. Extending inventory deadlines for museums that demonstrate a good faith effort;
5. Publishing notices for museums and Federal agencies in the Federal Register;
6. Assessing civil penalties on museums that fail to comply with provisions of the Act; and,
7. Responding to notices of inadvertent discoveries of Native American cultural items on Department of the Interior lands.

The Cal NAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, Cal NAGPRA established a ten-member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to subpoena, and to impose civil penalties. Further, Cal NAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary object to complete, by January 1, 2003, an inventory of all items and include specified information in the inventory that will facilitate return of the objects.

Current UC Policy and Procedures on Curation and Repatriation of Human Remains and Cultural Items. The UC established its Policy and Procedures on Curation and Repatriation of Human Remains and Cultural Items, found here: https://policy.ucop.edu/doc/2500489/HumanCulturalRemains in May 2011.

The general principles of the UC's policy apply to all human remains in the UC's collections. The policy also pertains specifically to Native American and Native Hawaiian human remains and Cultural Items (defined per NAGPRA). The policy is intended to ensure the UC complies with NAGPRA.

Additionally, the intent of the policy is to assure the respectful and dignified treatment of human remains and the consideration of living descendants of those deceased. The UC policy recognizes that individuals and communities have cultural and religious concerns that must be considered in determining the treatment and disposition of human remains in its collections.

Prior legislation. AB 2836 (Gloria), Chapter 823, Statutes of 2018, in part, required the UC Regents to establish and support a systemwide UC NAGPRA Implementation and Oversight Committee, and for any campus subject to the federal NAGPRA, to establish a campus implementation committee.

AB 978 (Steinberg), Chapter 818, Statutes of 2001, in part, enacted the California NAGPRA of 2001 to establish a process for repatriating Native American human remains and cultural items that are currently in the possession of any state or local agency or any museum that receives state funds.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960