JurisdictionCaliforniaCode HSCHealth and Safety Code - HSC
Div. 7.DIVISION 7. DEAD BODIES
Part 2.PART 2. DISINTERMENT AND REMOVAL
Ch. 5.CHAPTER 5. California Native American Graves Protection and Repatriation
Art. 3.5.ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University
(a)
(1)In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the California State University shall establish a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, which shall also be known as the CSU Systemwide NAGPRA Committee. At least a majority of the CSU Systemwide NAGPRA Committee’s voting members shall be from California Indian tribes.
(2)The membership of the systemwide committee shall be as follows:
(A)Three voting members of an Indian tribe as
described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.
(B)One voting member of an Indian tribe as described in paragrap
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(a)
(1)
In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the California State University shall establish a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, which shall also be known as the CSU Systemwide NAGPRA Committee. At least a majority of the CSU Systemwide NAGPRA Committee’s voting members shall be from California Indian tribes.
(2)
The membership of the systemwide committee shall be as follows:
(A)
Three voting members of an Indian tribe as
described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.
(B)
One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or, if none is available, a member of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.
(C)
Three voting members from the California State University. At least 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).
(D)
One nonvoting member from each campus of the California State University 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).
(3)
The Chancellor of the California State University, or the chancellor’s designee, shall appoint members to the systemwide committee upon nomination by the commission.
(4)
The composition of the systemwide committee may be altered to include a greater number of qualified members of a California Indian tribe, to the extent that qualified California State University candidates cannot be located pursuant to paragraph (2).
(b)
(1)
In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, each California State University campus shall establish a campus-based Native American Graves Protection and Repatriation Act Implementation Committee, which shall also be known as the NAGPRA Committee for that campus. At least a majority of each campus-based NAGPRA Committee’s membership shall be from California Indian tribes.
(2)
The membership of each campus-based NAGPRA committee shall be as follows:
(A)
Three voting members of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.
(B)
One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or, if none is available, a member of a California Indian tribe as described in
paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.
(C)
Three voting members from the California State University. At least one 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).
(3)
The Chancellor of the California State University or the chancellor’s designee shall appoint members to the campus-based NAGPRA committees upon nomination by the commission.
(4)
All claims for repatriation or claims of any violation of the policies and procedures adopted pursuant to Section 8025 shall be submitted to the campus-based
NAGPRA Committee for determination.
(5)
The composition of the campus-based NAGPRA committees may be altered to include a greater number of qualified members of a California Indian tribe, to the extent that qualified California State University candidates meeting the criteria in paragraph (1) of subdivision (d) cannot be located.
(c)
(1)
A voting member of a California Indian tribe shall be an elder, spiritual leader, tribal leader, or tribal member, as designated by the governing body of the individual’s tribe, with a minimum of five years’ prior experience in any of the following:
(A)
Repatriation of human remains and cultural items pursuant to the federal Native American Graves
Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).
(B)
Cultural resources protection under tribal, state, and federal law.
(C)
Consultation with state and federal entities and agencies.
(2)
Preference shall be given to members of a California Indian tribe. If no members of a California Indian tribe meeting the qualifications of paragraph (1) are available, members of other tribes may serve.
(d)
(1)
A representative of the California State University shall meet both of the following criteria:
(A)
(i)
Have a graduate degree in archaeology,
anthropology, Native American studies, ethnic studies, law, sociology, environmental studies, or history, with a focus in California.
(ii)
If there are no candidates satisfying clause (i), candidates that have degrees and direct professional experience in fields relevant to repatriation or tribal cultural resources matters shall be deemed to meet the requirements of clause (i).
(B)
Have a minimum of five years’ prior experience working in the applicable field of study.
(2)
Preference shall be given to members who have demonstrated, through their professional experience, the ability to work in collaboration with Native American tribes successfully on issues related to repatriation or museum collection management.
(3)
If candidates from the California State University are not available or do not meet the criteria of paragraph (1), the California State University representative positions may be filled by retired emeriti of the California State University who meet the criteria of paragraph (1).