BlackletterCalifornia law

CHAPTER 5. California Native American Graves Protection and Repatriation [8010. - 8030.]

Chapter 5 added by Stats. 2001, Ch. 818, Sec. 1.

§§ 8010–8030 · 24 sections

  1. ARTICLE 1. General Provisions §§ 8010–8011 · 2 sections
    • § 8010 This chapter shall be known, and may be cited as the California Native American Graves Protection and Repatriation Act of 2001.
    • § 8011 It is the intent of the Legislature to do all of the following: (a) Provide a seamless and consistent state policy to ensure that all California Indian human…
  2. ARTICLE 2. State Cultural Affiliation and Repatriation §§ 8012–8021 · 10 sections
    • § 8012 Terms used in this chapter have the same meaning as defined in the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et…
    • § 8013 (a) On or before January 1, 2021, the commission shall develop a list of all California Indian tribes and their respective state aboriginal territories. The…
    • § 8014 (a) A lineal descendent claiming a relationship with, and requesting return of, Native American human remains or cultural items listed in the inventory or…
    • § 8015 (a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the agency or museum…
    • § 8016 (a) An agency or museum receiving a repatriation request pursuant to Section 8014 shall repatriate human remains and cultural items if all of the following…
    • § 8017 If there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and…
    • § 8018 An agency or museum that repatriates human remains and cultural items in good faith pursuant to this chapter is not liable for claims by an aggrieved party or…
    • § 8019 Nothing in this section shall be construed to prohibit the governing body of a California Indian tribe or group authorized by Section 8017 from expressly…
    • § 8020 Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the commission or designated mediator may close part of a…
    • § 8021 The filing of an appeal by either party automatically stays an order of the commission or a designated mediator on repatriation of human remains and cultural…
  3. ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items §§ 8024–8028.5 · 6 sections
    • § 8024 For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code.
    • § 8025 (a) 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 Regents…
    • § 8026 (a) (1) As a condition for using state funds to handle and maintain Native American human remains and cultural items, the Regents of the University of…
    • § 8027 The Regents of the University of California may delegate responsibilities pursuant to this article to the President of the University of California or another…
    • § 8028 The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an…
    • § 8028.5 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
  4. ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University §§ 8028.7–8028.73 · 4 sections
    • § 8028.7 (a) 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…
    • § 8028.71 (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…
    • § 8028.72 To ensure that each California State University campus has the funding necessary to comply with this chapter, the California State University shall do all of…
    • § 8028.73 In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal Native American Graves Protection and Repatriation Act (25…
  5. ARTICLE 4. Penalties and Enforcement Procedures §§ 8029–8030 · 2 sections
    • § 8029 (a) 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 twenty…
    • § 8030 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…