Page 3 - calnagpra2001
P. 3
-3- Ch. 818
(e) "Control" means having ownership of human remains and
cultural items sufficient to lawfully permit a museum or agency to treat
the object as part of its collection for purposes of this chapter, whether
or not the human remains and cultural items are in the physical custody
of the museum or agency. Items on loan to a museum or agency from
another person, museum, or agency shall be deemed to be in the control
of the lender, and not the borrowing museum or agency.
(f) "State cultural affiliation" means that there is a relationship of
shared group identity that can reasonably be traced historically or
prehistorically between members of a present-day California Indian
Tribe, as defined in subdivision (i), and an identifiable earlier tribe or
group. Cultural affiliation is established when the preponderance of the
evidence, based on geography, kinship, biology, archaeology,
linguistics, folklore, oral tradition, historical evidence, or other
information or expert opinion, reasonably leads to such a conclusion.
(g) "Inventory" means an itemized list that summarizes the
collection of human remains and associated funerary objects in the
possession or control of an agency or museum. This itemized list may
be the inventory list required under the federal Native American Graves
Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).
(h) "Summary" means a document that summarizes the collection of
unassociated funerary objects, sacred objects, or objects of cultural
patrimony in the possession or control of an agency or museum. This
document may be the summary prepared under the federal Native
American Graves Protection and Repatriation Act (25 U.S. C. Sec. 3001
et seq.).
(i) "Museum" means an entity, including a higher educational
institution, excluding school districts, that receives state funds.
(j) "California Indian tribe" means any tribe located in California to
which any of the following applies:
(1) It meets the definition of Indian tribe under the federal Native
American Graves Protection and Repatriation Act (25 U.S. C. Sec. 3001
et seq.).
(2) It is not recognized by the federal government, but is indigenous
to the territory that is now known as the State of California, and both of
the following apply:
( A) It 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.
(B) It is determined by the commission to be a tribe that is eligible to
participate in the repatriation process set forth in this chapter. The
commission shall publish a document that lists the California tribes
meeting these criteria, as well as authorized representatives to act on
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