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Ch. 818 -2-

(a) Provide a seamless and consistent state policy to ensure that all
California Indian human remains and cultural items be treated with
dignity and respect.
(b) Apply the state's repatriation policy consistently with the
provisions of the Native American Graves Protection and Repatriation
Act (25 U.S.C. Sec. 3001 et seq.), which was enacted in 1990.
( c) Facilitate the implementation of the provisions of the federal
Native American Graves Protection and Repatriation Act with respect
to publicly funded agencies and museums in California.
( d) Encourage voluntary disclosure and return of remains and cultural
items by an agency or museum.
( e) Provide a mechanism whereby lineal descendants and culturally
affiliated California Indian tribes that file repatriation claims for human
remains and cultural items under the Native American Graves Protection
and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) or under this chapter
with California state agencies and museums may request assistance from
the commission in ensuring that state agencies and museums are
responding to those claims in a timely manner and in facilitating the
resolution of disputes regarding those claims.
(f) Provide a mechanism whereby California tribes that are not
federally recognized may file claims with agencies and museums for
repatriation of human remains and cultural items.

Article 2. State Cultural Affiliation and Repatriation

8012. As used in this chapter, terms shall have the same meaning as
in the federal Native American Graves Protection and Repatriation Act
(25 U.S.C. Sec. 3001 et seq.), as interpreted by federal regulations,
except that the following terms shall have the following meaning:
(a) "Agency" means any division, department, bureau, commission,
board, council, city, county, city and county, district, or other political
subdivision of the state, but does not include any school district.
(b) "Burial site" means, except for cemeteries and graveyards
protected under existing state law, any natural or prepared physical
location, whether originally below, on, or above the smface of the earth,
into which human remains were intentionally deposited as a part of the
death rites or ceremonies of a culture.
( c) "Commission" means the Repatriation Oversight Commission
established pursuant to Article 3 ( commencing with Section 8025).
( d) "Cultural items" shall have the same meaning as defined by
Section 3001 of Title 25 of the United States Code, except that it shall
mean only those items that originated in California.

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