The California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

As a condition for using state funds to handle and maintain Native American human remains and cultural items, this bill would require the office of the President of the University of California to comply with various requirements regarding repatriation of Native American human remains and cultural items, as provided.

The California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

As a condition for using state funds to handle and maintain Native American human remains and cultural items, this bill would require the office of the President of the University of California to comply with various requirements regarding repatriation of Native American human remains and cultural items, as provided.

The California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

As a condition for using state funds to handle and maintain Native American human remains and cultural items, this bill would require the office of the President of the University of California to comply with various requirements regarding repatriation of Native American human remains and cultural items, as provided.

Date of Hearing: August 16, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 61

Author:(Dodd) – As Amended Ver:May 18, 2023

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

SUMMARY:

This bill requires the University of California (UC) Office of the President, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to comply with various requirements regarding the repatriation of Native American human and cultural items.

Specifically, the UC Office of the President is to:

1. Develop and implement a plan for completing a comprehensive search of all UC curation facilities, repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost, or undocumented Native American human remains or cultural items may be used or stored.
2. Issue guidance, on or before July 1, 2024, about how institutions should proactively work with California Indian tribes to facilitate repatriation of those items.
3. Establish a uniform process, on or before July 1, 2024, institutions are to follow when consulting with California Indian tribes about all Native American human remains and cultural items in the institutions’ inventories.
4. Require institutions with collections of Native American human remains representing a minimum number of at least 20 individuals to have full-time repatriation coordinators on or before July 1, 2024.
5. Require institutions to complete and submit detailed repatriation plans, on or before July 1, 2024, for review and approval. The repatriation plans are to include a detailed budget.
6. Prohibit institutions from accessing collections of Native American human remains and cultural items for any purpose, except as provided in this bill and in state and federal acts, until they comply with (5) above.
7. Provide funding to support institution-level repatriation efforts and ensure that institutions identify adequate funding sources in their detailed budgets.

FISCAL EFFECT:

Minor and absorbable General Fund costs to UC to complete annual reporting and provide funding to support each institution’s efforts towards repatriation.

According to the UC Office of the President, it already is in the process of implementing the requirements of this bill. In addition, the UC Office of the President provided UC campuses with $2 million in the 2022 fiscal year and $2.75 million in the 2023 fiscal year to support repatriation efforts. The Office of the President intends to provide campuses with similar amounts of funding in the 2024 fiscal year, pending campus planning reports and budget requests.

COMMENTS:

1. Purpose. According to the author:

Although the university system is required to return Native American human remains and cultural items to Native American tribes, it has not always done so in a consistent and timely manner. This bill will help restore dignity to generations of indigenous Californians by ensuring campuses allocate the necessary funding to complete the repatriation process and by holding them accountable to get it done.

1. Background. Federal law created the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990, which requires federal agencies and institutions that receive federal funding to repatriate Native American human remains and cultural objects to the tribes that have ancestral, cultural, or geographic links to them.

AB 978 (Steinberg), Chapter 818, Statutes of 2001, created the California Native American Graves Protection and Repatriation Act (CalNAGPRA). CalNAGPRA requires every state agency or museum with possession or control over Native American human remains or cultural objects to repatriate these objects.

AB 2836 (Gloria), Chapter 823, Statutes of 2018, required the UC Regents to establish a systemwide UC NAGPRA Implementation and Oversight Committee to bring consistent standards and best practices to the UC system's compliance with NAGPRA and CalNAGPRA. The bill also required the California State Auditor to conduct an audit every two years regarding UC’s compliance with NAGPRA and CalNAGPRA.

The California State Auditor released its second audit of UC’s compliance with NAGPRA and CalNAGPRA on November 17, 2022. The audit found that although the UC has made progress since the initial audit in 2020, the UC must take additional steps to ensure the timely repatriation of Native American remains and cultural objects. The audit made various recommendations, largely consistent with the requirements of this bill.

According to the UC Office of the President, this bill is unnecessary because the UC has already agreed to implement all of the State Auditor’s recommendations from the 2022 audit report.

1. Related Legislation. AB 226 (Ramos), of this legislative session, strongly urges the UC to annually report each campus’s progress towards completing repatriation of Native American remains and cultural items. The bill also strongly urges the UC Office of the President to provide funding to support each institution’s efforts towards repatriation. Lastly, the bill strongly urges UC to prohibit use of any Native American human remains or cultural items for purpose of teaching or research at UC.

As it relates to SB 61, AB 226 amends the same section of the Education Code with different language that is more detailed and expansive than AB 226. SB 61 also sets conditions for the use of state funds to handle and maintain Native American human remains and cultural items, whereas AB 226 does not. AB 226 is pending on the Senate Appropriations Committee suspense file.

1. Prior Legislation. AB 275 (Ramos), Chapter 167, Statutes of 2020, revised the process for agencies to complete and review their collections of California Native American human remains and associated funerary objects for repatriation.

AB 1662 (Ramos and Gloria), Chapter 112, Statutes of 2019, added an additional member from a California tribe to the UC NAGPRA Implementation and Oversight Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: June 27, 2023

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

SBPCA Bill Id:SB 61

Author:(Dodd) – As Amended Ver:May 18, 2023

SENATE VOTE: 40-0

SUBJECT: University of California: California Native American Graves Protection and Repatriation Act of 2001.

SUMMARY: Requires the University of California (UC) Office of the President (UCOP) to comply with various requirements regarding the repatriation of Native American human and cultural items. Specifically, this bill:

1. Requires the UCOP, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to comply with all of the following:
   1. To ensure institutions identify all of the Native American human remains and cultural items in their collections under the California Native American Graves Protection and Repatriation Act of 2001 (CalNAGPRA), develop and implement a plan for completing a comprehensive search of all UC curation facilities, repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost, or undocumented Native American human remains or cultural items may be used or stored;
   2. To ensure that UC campuses appropriately respond to all Native American human remains and cultural items found in the future, by July 1, 2024, issue guidance on how institutions should proactively work with California Indian tribes to facilitate repatriation of Native American human remains and cultural items;
   3. To ensure that institutions comply with CalNAGPRA and consult with California Indian tribes appropriately, establish a uniform process, by July 1, 2024, for UC campuses to follow when consulting with California Indian tribes about their Native American human remains and cultural items inventories;
   4. To ensure that UC campuses provide appropriate resources and oversight to the administration of CalNAGPRA, by July 1, 2024, require UC campuses with Native American human remains representing a minimum number of at least 20 individuals, in whole or in part, to have full-time repatriation coordinators;
   5. To ensure that UC campuses fully repatriate their collections in a timely and consistent manner, comply with both of the following:
      1. Require UC campuses to complete and submit detailed repatriation plans by July 1, 2024, for review and approval by the campus-level Native American Graves Protection and Repatriation Act (NAGPRA) Implementation and Oversight Committee (Oversight Committee) and the systemwide Oversight Committee [the measure requires detailed budgets for repatriation plans]; and,
      2. Prohibit UC campuses from accessing collections of Native American human remains and cultural items for any purpose, except as provided in this measure and the state and federal acts, until campuses complete and submit detailed repatriation plans, as specified.
   6. Requires the UCOP provide funding to support institution-level repatriation efforts and ensure that institutions identify adequate funding sources in their detailed budgets for their repatriation plans.
2. States that the Legislature intends to ensure that all of the following occurs:
   1. The UC reports the progress of each UC campus toward completing repatriation pursuant to CalNAGPRA;
   2. The UCOP provides available funding to sufficiently support the efforts of each UC campus towards completing repatriation pursuant to CalNAGPRA; and,
   3. Membership of UC’s systemwide and institution-level Oversight Committees that are established pursuant to current law have individuals with different types of educational backgrounds.
3. Defines all of the following terms for purposes of this measure:
   1. “Federal Act” means the federal NAGPRA;
   2. “Institution” means a UC campus; and,
   3. “State Act” means the CalNAGPRA of 2001.

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 CalNAGPRA, which, in part:
   1. Applies the state’s repatriation policy consistently with the NAGPRA;
   2. Facilitates the implementation of NAGPRA with respect to publicaly funded agencies and museums in California;
   3. Encourages voluntary disclosure and return of Native American human remains and cultural items by a private institution or museum;
   4. Stipulates that an agency or museum receiving a repatriation request shall repatriate human remains and cultural items, as specified; and,
   5. Stipulates that if there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and cultural items originating from their state aboriginal territory or culturally affiliated with those tribal governments, the items may be repatriated to those groups (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. Three 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: According to the Senate Committee on Appropriations, “while the bill’s provisions are conditioned on the receipt of state funds to handle and maintain Native American human remains and cultural items, there could be unknown, but potentially significant costs for the UC to comply with the bill’s requirements. These activities include the issuance of guidance on how institutions should proactively work with partner entities to facilitate repatriation of Native American human remains and cultural items; ensuring that the institutions comply with existing law and appropriately consult with California Indian tribes; and developing and implementing a plan to comprehensively search all UC curation facilities repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost or undocumented remains or items may be used or stored.”

COMMENTS: Purpose of this measure. According to the author, “although the UC is required to return Native American human remains and cultural items to Native American tribes, it has not always done so in a consistent and timely manner. This bill will help restore dignity to generations of indigenous Californians by ensuring campuses allocate the necessary funding to complete the repatriation process and by holding them accountable to get it done.”

The author contends that, “in addition to accelerating the UC’s repatriation of Native American human remains and cultural items to the respective Native American tribes, the bill would also ensure that the systemwide and campus NAGPRA Committees have members with diverse backgrounds by revising CalNAGPRA to allow individuals with more types of educational backgrounds to qualify for Committee membership.”

Background on federal and CalNAGPRA. 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 museums and Federal agency collections. In the last 15 plus 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 CalNAGPRA, 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, CalNAGPRA established a ten-member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to issue subpoenas, and to impose civil penalties. Further, CalNAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects to complete, by January 1, 2003, an inventory of all items and with specified information in the inventory that will facilitate return of the objects.

The Legislature amended CalNAGPRA in 2018 in response to allegations from stakeholders that the UC had an inferior record of completed repatriations and that participation by tribes in the repatriation process had been limited.

This measure adds new duties on the UC regarding the care, preservation and repatriation of Native American human remains and cultural items.

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. The UC policy, which can be found here: https://policy.ucop.edu/doc/2500489/NAGPRA, took effect on January 1, 2022.

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.

Recent California State Auditor (CSA) Audits. The CSA released a second report of the UC’s compliance with federal and state NAGPRA on November 17, 2022: http://www.bsa.ca.gov/pdfs/reports/2021-047.pdf. The CSA audit found that although the UC has made progress since the initial CSA audit in 2020, the UC must take extra steps to ensure the timely return of Native American remains and cultural items.

Additionally, the CSA noted that the UC campuses of Berkeley, Riverside, Santa Barbara, and San Diego continue to maintain large collections of Native American human remains and cultural items; and that some of said campuses have failed to conduct a comprehensive review of all Native American human remains and cultural items in their control.

Further, the CSA concluded, among other things, that the UCOP had yet to ensure that campuses have the necessary and appropriate guidance to return their collections, including newly discovered collections, in a timely and consistent manner. For tribes attempting to regain their ancestors, the lack of uniformity has caused frustration and complication. Additionally, UC campuses have not begun consultations with tribes as mandated by the CalNAGPRA. Lastly, the UCOP-required repatriation implementation plans have not been finalized; and the UCOP has not formally committed to providing sustainable funding for repatriation-related activities.

The CSA suggests amending state law to require the UC to regularly report on UC campuses’ progress toward completion of repatriation, to require UCOP to provide adequate funding to support campuses’ repatriation efforts, and to review CalNAGPRA to allow individuals with other types of educational backgrounds to qualify for committee membership.

The UCOP’s response to the audit was that the UC remains committed to fully implementing all of the CSA’s recommendations. The UC Provost and Executive Vice President for Academic Affairs stated the following:

“The University is making a stronger commitment to repatriating ancestral remains and cultural items in a prompt and respectful manner. To strengthen this ongoing effort, the University intends to implement each recommendation to the University made by your office. We will continue to look for ways to make real and meaningful progress in our efforts. We look forward in the coming months to keeping you and our many other partners in this effort apprised of our actions.”

This measure appears to align to the CSA’s policy recommendations.

Arguments in support. According to the California Faculty Association, “by setting clear conditions for the use of state funds in handling and maintaining these remains and items, your bill [SB 61] provides a necessary framework for institutions, like the UC, to ensure full compliance with this crucial act. Moreover, the additional provisions requiring a comprehensive search of all UC facilities for misidentified, mishandled, or lost Native American human remains or cultural items, along with the requirement for full-time repatriation coordinators at institutions with substantial collections, are noteworthy strides toward facilitating successful and timely repatriations.”

Related legislation. AB 226 (Ramos), which is currently on the Suspense File in the Senate Committee on Appropriations, in part, strongly urges the UC, on or before June 30, 2024, and annually thereafter, to report each campus of the UC’s progress towards completing repatriation pursuant to the CalNAGPRA of 2001.

Aspects of AB 226 (Ramos) appear to be in conflict with some of the provisions contained in this measure.

As both measures continue to move through the Legislative Process, the authors may wish to collaborate on future amendments in order to avoid any potential chaptering-out conflicts.

Prior legislation. AB 275 (Ramos), Chapter 167, Statutes of 2020, in part, revised the process for agencies to complete and review their inventories of collections of California Native American human remains and associated funerary objects for repatriation.

AB 1662 (Ramos and Gloria), Chapter 112, Statutes of 2019, added an additional member from a California Tribe to the UC NAGPRA Implementation and Oversight Committee.

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 CalNAGPRA 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

California Faculty Association
Habematolel Pomo of Upper Lake

Opposition

None on file.

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

 THIRD READING  

Bill No: SB 61

Author: Dodd (D), et al.

Amended: 5/18/23

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 3/22/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

SUBJECT: University of California: California Native American Graves Protection and Repatriation Act of 2001

SOURCE: Author

DIGEST:

This bill requires the University of California Office of the President (UCOP) to comply with various requirements regarding the repatriation of Native American human and cultural items.

ANALYSIS: Existing federal law creates the NAGPRA Act of 1990, which, in part:

1. Requires federal agencies, museums, and institutions, which includes University of California (UC) campuses, 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)

Existing state law:

1. Creates the California Native American Graves Protection and Repatriation Act (state NAGPRA), which, in part:
   1. States that it is the intent of Legislature to, among other things, apply the state’s repatriation policy consistently with the federal NAGPRA while considering the unique history of California towards California Indian tribes and facilitate the implementation of the federal NAGPRA with respect to publicly funded agencies and museums in California.
   2. Requires any public agency or museum (includes UC campuses) that has possession or control over collections of California Native American human remains or associated funerary objects to complete a review of their inventories of all these remains and associated funerary objects in accordance with the requirements specified in the act.
   3. Requires agencies and museums to consult with affiliated California Indian tribes on any protocols to be used in the inventory process prior to new or additional inventory work being conducted.
   4. Requires an agency or museum receiving a repatriation request for human remains and cultural items to follow the criteria specified in the act.
   5. Further requires the UC, as a condition for using state funds for the handling or maintenance of Native American human remains and cultural items, to establish a systemwide NAGPRA Implementation and Oversight Committee, and for any campus subject to the federal NAGPRA to establish a campus implementation committee and:
      1. Requires the UC Regents to establish a systemwide NAGPRA Implementation and Oversight Committee with membership as specified.
      2. Requires UC, in consultation with the California Native American Tribes, to adopt and implement certain policies and procedures to better implement the federal NAGPRA and to timely submit the policies and procedures to the Native American Heritage Commission for review and comment.
      3. Requires that UC ensure that each campus committee utilize the specified policies and procedures adopted and also adopt procedures to support appeals and dispute resolutions in cases where a tribe disagrees with a campus determination regarding repatriation or disposition of human remains or cultural items.
      4. Authorizes a UC campus to adopt policies to supplement the systemwide polices adopted, under certain conditions and in consultation with California Native American tribes.
      5. Requires each campus that is subject to the federal NAGPRA to establish a NAGPRA implementation committee, with membership as specified. The act provides that claims for repatriation or claims of any violation of the policies and procedures adopted are to be submitted to the campus committee for determination.
      6. Requires the California State Auditor to conduct an audit regarding the UC’s compliance with he federal NAGPRA and the state NAGPRA and report it is findings to the Legislature commencing in 2019 and again in 2021. (Health and Safety Code Section 8010 et.al and Section 8024 – 8028.5)
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.)

This bill:

1. Requires UCOP, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to comply with all of the following:
   1. To ensure institutions identify all of the Native American human remains and cultural items in their collections under the State act, develop and implement a plan for completing a comprehensive search of All UC curation facilities, repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogues, lost or undocumented native American human remains or cultural items may be used or stored.
   2. By July 2024, issue guidance on how institutions should proactively work with California Indian tribes to facilitate repatriation of Native American human remains and cultural items to ensure that institutions appropriately respond to all Native American human remains and cultural items found in the future.
   3. To ensure that institutions comply with the State act and consult with California Indian tribes appropriately, establish a uniform process, by July 1 2024, for institutions to follow when consulting with California Indian tribes about their Native American human remains and cultural items inventories.
   4. By July 1, 2024, require institutions with Native American human remains representing a minimum number of at least 20 individuals, in whole or in part, to have full-time repatriation coordinators to ensure that institutions provide appropriate resources and oversight to the administration of the State act.
   5. To ensure that institutions fully repatriate their collections in a timely and consistent manner, comply with both of the following:
      1. Require institutions to complete and submit detailed repatriation plans by July 1, 2024, for review and approval by the campus-level NAGPRA Implementation and Oversight committee (Oversight Committee) and the systemwide Oversight Committee. The bill requires detailed budgets for repatriation plans.
      2. Prohibit institutions from access collections of Native American human remains and cultural items for any purpose, except as provided in state and federal acts unity they comply until they bv complete and submit detailed repatriation plans as specified.
   6. Requires the UCOP provide funding to support institution-level repatriation efforts and ensure that institutions identify adequate funding sources in their detailed budgets for their repatriation plans.
2. States that it is the intent of the Legislature to ensure that all of the following occurs:
   1. The UC reports each institution’s progress toward completing repatriation pursuant to the State act.
   2. The UCOP provides available funding to sufficiently support each institution’s efforts towards completing repatriation pursuant to the State act.
   3. Membership of UC’s systemwide and institution-level Oversight Committees that are established pursuant to current law have individuals with different types of educational backgrounds.
3. Defines all of the following terms for purposes of the bill:
   1. “Federal act” means the federal Native American Graves Protection and Repatriation Act.
   2. “Institution” means a UC campus.
   3. “State act” means the California Native American Graves Protection and Repatriation Act of 2001.

Comments

1. Need for the bill. According to the author, “Although the university system is required to return Native American human remains and cultural items to Native American tribes, it has not always done so in a consistent and timely manner. This bill will help restore dignity to generations of indigenous Californians by ensuring campuses allocate the necessary funding to complete the repatriation process and by holding them accountable to get it done.”
2. Adds to existing requirements. This bill imposes new duties on UC regarding the care, preservation and repatriation of Native American human remains and cultural items, in addition to the conditions outlined in current law. Existing law established by AB 2836 (Gloria, Chapter 823, Statutes of 2018) requires that the UC Regents establish a systemwide NAGPRA Implementation and an Oversight committee and that each campus subject to the federal NAGPRA establish a campus specific implementation committee in order to implement the federal and State NAGPRA laws. It also requires UC to adopt and implement systemwide policies and procedures in consultation with California tribes, and submit them to the Native American Heritage Commission for review and comment. Campuses may adopt supplementary policies if they determine that individual circumstances are not adequately addressed by systemwide policies.
   
   This bill further directs UCOP to particularly oversee the efforts of one of its campuses (UCSB) to review its collection. It also requires that UCOP issue guidance to campuses on how to work with partner entities to facilitate repatriation of items in their collections, establish a uniform process for consulting with Native American tribes, require certain campuses have full-time repatriation coordinators, and require campuses submit detailed repatriation plans with detailed budgets.
3. Related Audit Report. The California State Auditor (Auditor) released its second report of the UC’s compliance with federal and state NAGPRA on November 17, 2022. It states that, although the university has made progress since its 2020 audit, it must take extra steps to ensure the timely return of Native American remains and cultural items. The auditor noted that UC Berkeley, Riverside, Santa Barbara and San Diego continue to maintain large collections and that some of them have failed to conduct a comprehensive review of all human remains and cultural items in their control.

The auditor concluded, among other things, that UCOP has not yet established that campuses have the appropriate guidance to return their collections, including newly discovered collections, in a timely and consistent manner. For tribes attempting to regain their ancestors, the lack of uniformity has caused frustration and complication. In addition, colleges have not begun consultations with tribes as mandated by the state NAGPRA. In other instances, the UCOP-required repatriation implementation plans had not been finalized, and the UCOP had not formally committed to providing sustainable funding for repatriation-related activities.

The auditor suggests amending state law to require UC to regularly report on its campuses’ progress toward completion of repatriation, to require UCOP to provide adequate funding to support campuses’ repatriation efforts, and to review state NAGPRA to allow individuals with other types of educational backgrounds to qualify for committee membership.

Audit recommendations for UC, similar to the provisions in this bill, propose that the system issue guidance on partner entities for item repatriation, establish a uniform process that campuses must adhere to when consulting with tribes regarding university inventories, have full-time repatriation coordinators, and submit detailed repatriation plans with budget for review. UC issued a response to the audit recommendations and agreed to accept all of them.

The provisions in this bill codify many of the auditor recommendations, specifically those issued to UC Regents.

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

According to the Senate Appropriations Committee:

While the bill’s provisions are conditioned on the receipt of state funds to handle and maintain Native American human remains and cultural items, there could be unknown, but potentially significant costs for the UC to comply with the bill’s requirements. These activities include the issuance of guidance on how institutions should proactively work with partner entities to facilitate repatriation of Native American human remains and cultural items; ensuring that the institutions comply with existing law and appropriately consult with California Indian tribes; and developing and implementing a plan to comprehensively search all UC curation facilities repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost or undocumented remains or items may be used or stored.

SUPPORT: (Verified 5/18/23)

None received

OPPOSITION: (Verified 5/18/23)

None received

Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105

5/23/23 11:55:28

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 61 (Dodd) - University of California: California Native American Graves Protection and Repatriation Act of 2001

Bill Summary:

This bill requires the University of California Office of the President (UCOP) to comply with various requirements regarding the repatriation of Native American human and cultural items.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 18, 2023

Fiscal Impact:

While the bill’s provisions are conditioned on the receipt of state funds to handle and maintain Native American human remains and cultural items, there could be unknown, but potentially significant costs for the UC to comply with the bill’s requirements. These activities include the issuance of guidance on how institutions should proactively work with partner entities to facilitate repatriation of Native American human remains and cultural items; ensuring that the institutions comply with existing law and appropriately consult with California Indian tribes; and developing and implementing a plan to comprehensively search all UC curation facilities repositories, displays, laboratories, teaching facilities, faculty and departmental offices, and any other location where misidentified, mishandled, misfiled, miscatalogued, lost or undocumented remains or items may be used or stored.

Author Amendments:

Add provisions specifying how UC institutions shall identify all of the Native American human remains and cultural items; prohibit institutions from accessing collections of Native American human remains and cultural items for any purpose, except as provided; and make other clarifying changes.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 61 (Dodd) - University of California: California Native American Graves Protection and Repatriation Act of 2001

Bill Summary:

This bill requires the University of California Office of the President (UCOP) to comply with various requirements regarding the repatriation of Native American human and cultural items.

Fiscal Impact:

While the bill’s provisions are conditioned on the receipt of state funds to handle and maintain Native American human remains and cultural items, there could be unknown, but potentially significant costs for the UC to comply with the bill’s requirements. These activities include the issuance of guidance on how institutions should proactively work with partner entities to facilitate repatriation of Native American human remains and cultural items and ensuring that the institutions comply with existing law and appropriately consult with California Indian tribes.

Background:

Under existing law, the California Native American Graves Protection and Repatriation Act (state NAGPRA) states that it is the intent of Legislature to, among other things, apply the state’s repatriation policy consistently with the federal NAGPRA while considering the unique history of California towards California Indian tribes and facilitate the implementation of the federal NAGPRA with respect to publicly funded agencies and museums in California.

Existing law requires any public agency or museum (includes UC campuses) that has possession or control over collections of California Native American human remains or associated funerary objects to complete a review of their inventories of all these remains and associated funerary objects in accordance with the requirements specified in the act.

Existing law requires agencies and museums to consult with affiliated California Indian tribes on any protocols to be used in the inventory process prior to new or additional inventory work being conducted. It also requires an agency or museum receiving a repatriation request for human remains and cultural items to follow the criteria specified in the act.

Existing law requires the UC, as a condition for using state funds for the handling or maintenance of Native American human remains and cultural items, to establish a systemwide NAGPRA Implementation and Oversight Committee, and for any campus subject to the federal NAGPRA to establish a campus implementation committee. It also requires the UC Regents to establish a systemwide NAGPRA Implementation and Oversight Committee with membership as specified. Further, the UC is required, in consultation with the California Native American Tribes, to adopt and implement certain policies and procedures to better implement the federal NAGPRA and to timely submit the policies and procedures to the Native American Heritage Commission for review and comment.

The California State Auditor (Auditor) released its second report of the UC’s compliance with federal and state NAGPRA on November 17, 2022. It states that, although the university has made progress since its 2020 audit, it must take extra steps to ensure the timely return of Native American remains and cultural items. The auditor noted that UC Berkeley, Riverside, Santa Barbara and San Diego continue to maintain large collections and that some of them have failed to conduct a comprehensive review of all human remains and cultural items in their control.

The auditor concluded, among other things, that UCOP has not yet established that campuses have the appropriate guidance to return their collections, including newly discovered collections, in a timely and consistent manner. For tribes attempting to regain their ancestors, the lack of uniformity has caused frustration and complication. In addition, colleges have not begun consultations with tribes as mandated by the state NAGPRA. In other instances, the UCOP-required repatriation implementation plans had not been finalized, and the UCOP had not formally committed to providing sustainable funding for repatriation-related activities.

Proposed Law:

This bill requires the UCOP, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to comply with all of the following:

1. Ensure UC, Santa Barbara (UCSB) identifies all of the Native American human remains and cultural items in its collection under the State act, monitor this institution’s efforts to review that collection, and ensure that this institution completes this review process by July 1, 2024.
2. By July 2024, issue guidance on how institutions should proactively work with partner entities to facilitate repatriation of Native American human remains and cultural items to ensure that institutions appropriately respond to all Native American human remains and cultural items found in the future.
3. Ensure that institutions comply with the State act and consult with California Indian tribes appropriately, establish a uniform process for institutions to follow when consulting with California Indian tribes about their Native American human remains and cultural items inventories.
4. By July 1, 2024, require institutions with more than 100 sets of Native American human remains or cultural items to have full-time repatriation coordinators to ensure that institutions provide appropriate resources and oversight to the administration of the State act.
5. To ensure that institutions fully repatriate their collections in a timely and consistent manner, require institutions to complete and submit detailed repatriation plans by July 1, 2024, for review and approval by the campus-level NAGPRA Implementation and Oversight committee (Oversight Committee) and the systemwide Oversight Committee. The bill requires detailed budgets for repatriation plans.
6. Requires the UCOP provide funding to support institution-level repatriation efforts and ensure that institutions identify adequate funding sources in their detailed budgets for their repatriation plans.

Related Legislation:

AB 226 (Ramos, 2023) urges, commencing June 30, 2024, that UC annually report progress towards completing repatriation in accordance with NAGPRA for each campus and to provide adequate funding for that purpose. Similar to this bill, it seeks to codify recommendations included in the UC NAGPRA audit. Unlike this measure, AB 226 codifies the auditor’s recommendations issued for the consideration by legislature that differ from those issued to the UC Regents. AB 226 has been referred to the Assembly Higher Education Committee.

AB 1662 (Ramos, Chapter 112, Statutes 2019) expands the membership of the UC system wide 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.

Staff Comments:

This bill imposes new requirements on UC regarding the care, preservation and repatriation of Native American human remains and cultural items. Existing law established by AB 2836 (Gloria, Chapter 823, Statutes of 2018) requires that the UC Regents establish a systemwide NAGPRA Implementation and an Oversight committee and that each campus subject to the federal NAGPRA establish a campus specific implementation committee in order to implement the federal and State NAGPRA laws. The bill also requires UC to adopt and implement systemwide policies and procedures in consultation with California tribes, and submit them to the Native American Heritage Commission for review and comment. Additionally, this bill requires the UCOP to oversee the efforts of UCSB in reviewing its collection, and to issue guidance to campuses on how to work with partner entities to facilitate repatriation of items in their collections.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: SB 61 Hearing Date: March 22, 2023

Subject: University of California: California Native American Graves Protection and Repatriation Act of 2001.

SUMMARY

This bill requires, as a condition for the use of state funds to handle and maintain Native American human remains and cultural items, that the University of California Office of the President (UCOP) comply with various requirements regarding the repatriation of Native American human and cultural items, in addition to requirements already established by the California Native American Graves Protection and Repatriation Act (NAGPRA).

BACKGROUND

Existing law:

Federal law

1. Creates the NAGPRA Act of 1990, which, in part:
   1. Requires federal agencies, museums, and institutions, which includes University of California (UC) campuses, 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. Creates the California Native American Graves Protection and Repatriation Act (state NAGPRA), which, in part:
   1. States that it is the intent of Legislature to, among other things, apply the state’s repatriation policy consistently with the federal NAGPRA while considering the unique history of California towards California Indian tribes and facilitate the implementation of the federal NAGPRA with respect to publicly funded agencies and museums in California.
   2. Requires any public agency or museum (includes UC campuses) that has possession or control over collections of California Native American human remains or associated funerary objects to complete a review of their inventories of all these remains and associated funerary objects in accordance with the requirements specified in the act.
   3. Requires agencies and museums to consult with affiliated California Indian tribes on any protocols to be used in the inventory process prior to new or additional inventory work being conducted.
   4. Requires an agency or museum receiving a repatriation request for human remains and cultural items to follow the criteria specified in the act.
   5. Further requires the UC, as a condition for using state funds for the handling or maintenance of Native American human remains and cultural items, to establish a systemwide NAGPRA Implementation and Oversight Committee, and for any campus subject to the federal NAGPRA to establish a campus implementation committee and:
      1. Requires the UC Regents to establish a systemwide NAGPRA

Implementation and Oversight Committee with membership as specified.

• • 1. Requires UC, in consultation with the California Native American

Tribes, to adopt and implement certain policies and procedures to better implement the federal NAGPRA and to timely submit the policies and procedures to the Native American Heritage Commission for review and comment.

• • 1. Requires that UC ensure that each campus committee utilize the

specified policies and procedures adopted and also adopt procedures to support appeals and dispute resolutions in cases where a tribe disagrees with a campus determination regarding repatriation or disposition of human remains or cultural items.

• • 1. Authorizes a UC campus to adopt policies to supplement the

systemwide polices adopted, under certain conditions and in consultation with California Native American tribes.

• • 1. Requires each campus that is subject to the federal NAGPRA to

establish a NAGPRA implementation committee, with membership as specified. The act provides that claims for repatriation or claims of any violation of the policies and procedures adopted are to be submitted to the campus committee for determination.

• • 1. Requires the California State Auditor to conduct an audit regarding

the UC’s compliance with he federal NAGPRA and the state NAGPRA and report it is findings to the Legislature commencing in 2019 and again in 2021. (Health and Safety Code Section 8010 et.al and Section 8024 – 8028.5)

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. (EC § 92440, et seq.)

ANALYSIS

This bill:

1. Requires UCOP, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to comply with all of the following:
   1. To ensure UC, Santa Barbara (UCSB) identifies all of the Native American

human remains and cultural items in its collection under the State act, monitor this institution’s efforts to review that collection, and ensure that this institution completes this review process by July 1, 2024.

• 1. By July 2024, issue guidance on how institutions should proactively work

with partner entities to facilitate repatriation of Native American human remains and cultural items to ensure that institutions appropriately respond to all Native American human remains and cultural items found in the future.

• 1. To ensure that institutions comply with the State act and

consult with California Indian tribes appropriately, establish a uniform process for institutions to follow when consulting with California Indian tribes about their Native American human remains and cultural items inventories.

• 1. By July 1, 2024, require institutions with more than 100 sets of Native

American human remains or cultural items to have full-time repatriation coordinators to ensure that institutions provide appropriate resources and oversight to the administration of the State act.

• 1. To ensure that institutions fully repatriate their collections in a timely and

consistent manner, require institutions to complete and submit detailed repatriation plans by July 1, 2024, for review and approval by the campus-level NAGPRA Implementation and Oversight committee (Oversight Committee) and the systemwide Oversight Committee. The bill requires detailed budgets for repatriation plans.

• 1. Requires the UCOP provide funding to support institution-level repatriation

efforts and ensure that institutions identify adequate funding sources in their detailed budgets for their repatriation plans.

1. States that it is the intent of the Legislature to ensure that all of the following occurs:
   1. The UC reports each institution’s progress toward completing repatriation

pursuant to the State act.

• 1. The UCOP provides available funding to sufficiently support each

institution’s efforts towards completing repatriation pursuant to the State act.

• 1. Membership of UC’s systemwide and institution-level Oversight

Committees that are established pursuant to current law have individuals with different types of educational backgrounds.

1. Defines all of the following terms for purposes of the bill:
   1. “Federal act” means the federal Native American Graves Protection

and Repatriation Act.

• 1. ”Institution” means a UC campus.
  2. “State act” means the California Native American Graves Protection

and Repatriation Act of 2001.

STAFF COMMENTS

1. Need for the Bill. According to the author, “Although the university system is required to return Native American human remains and cultural items to Native American tribes, it has not always done so in a consistent and timely manner. This bill will help restore dignity to generations of indigenous Californians by ensuring campuses allocate the necessary funding to complete the repatriation process and by holding them accountable to get it done.”
2. Adds to the Current Requirements. This bill imposes new duties on UC regarding the care, preservation and repatriation of Native American human remains and cultural items, in addition to the conditions outlined in current law. Existing law established by AB 2836 (Gloria, Chapter 823, Statutes of 2018) requires that the UC Regents establish a systemwide NAGPRA Implementation and an Oversight committee and that each campus subject to the federal NAGPRA establish a campus specific implementation committee in order to implement the federal and State NAGPRA laws. It also requires UC to adopt and implement systemwide policies and procedures in consultation with California tribes, and submit them to the Native American Heritage Commission for review and comment. Campuses may adopt supplementary policies if they determine that individual circumstances are not adequately addressed by systemwide policies.
   
   This bill further directs UCOP to particularly oversee the efforts of one of its campuses (UCSB) to review its collection. It also requires that UCOP issue guidance to campuses on how to work with partner entities to facilitate repatriation of items in their collections, establish a uniform process for consulting with Native American tribes, require certain campuses have full-time repatriation coordinators, and require campuses submit detailed repatriation plans with detailed budgets.
3. Related Audit Report. The California State Auditor (Auditor) released its second report of the UC’s compliance with federal and state NAGPRA on November 17, 2022. It states that, although the university has made progress since its 2020 audit, it must take extra steps to ensure the timely return of Native American remains and cultural items. The auditor noted that UC Berkeley, Riverside, Santa Barbara and San Diego continue to maintain large collections and that some of them have failed to conduct a comprehensive review of all human remains and cultural items in their control.

The auditor concluded, among other things, that UCOP has not yet established that campuses have the appropriate guidance to return their collections, including newly discovered collections, in a timely and consistent manner. For tribes attempting to regain their ancestors, the lack of uniformity has caused frustration and complication. In addition, colleges have not begun consultations with tribes as mandated by the state NAGPRA. In other instances, the UCOP-required repatriation implementation plans had not been finalized, and the UCOP had not formally committed to providing sustainable funding for repatriation-related activities.

The auditor suggests amending state law to require UC to regularly report on its campuses’ progress toward completion of repatriation, to require UCOP to provide adequate funding to support campuses’ repatriation efforts, and to review state NAGPRA to allow individuals with other types of educational backgrounds to qualify for committee membership.

Audit recommendations for UC, similar to the provisions in this bill, propose that the system issue guidance on partner entities for item repatriation, establish a uniform process that campuses must adhere to when consulting with tribes regarding university inventories, have full-time repatriation coordinators, and submit detailed repatriation plans with budget for review. UC issued a response to the audit recommendations and agreed to accept all of them.

The provisions in this bill codify many of the auditor recommendations, specifically those issued to UC Regents.

1. Related and Prior Legislation.

AB 226 (Ramos, 2023) urges, commencing June 30, 2024, that UC annually report progress towards completing repatriation in accordance with NAGPRA for each campus and to provide adequate funding for that purpose. Similar to this bill, it seeks to codify recommendations included in the UC NAGPRA audit. Unlike this measure, AB 226 codifies the auditor’s recommendations issued for the consideration by legislature that differ from those issued to the UC Regents. AB 226 has been referred to the Assembly Higher Education Committee.

AB 1662 (Ramos, Chapter 112, Statutes 2019) expands the membership of the UC system wide 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.

AB 2836 (Gloria, Chapter 823, Statutes of 2018) required the UC Regents to establish and support a system-wide 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) enacted the California NAGPRA 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.

SUPPORT

None received

OPPOSITION

None received

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