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behalf of the tribe in the consultations required under paragraph ( 4) of
subdivision (a) of Section 8013 and in matters pertaining to repatriation
under this chapter. Criteria that shall guide the commission in making
the determination of eligibility shall include, but not be limited to, the
following:
(i) A continuous identity as an autonomous and separate tribal
government.
(ii) Holding itself out as a tribe.
(iii) The tribe as a whole has demonstrated aboriginal ties to the
territory now known as the State of California and its members can
demonstrate lineal descent from the identifiable earlier groups that
inhabited a particular tribal territory.
(iv) Recognition by the Indian community and non-Indian entities as
a tribe.
(v) Demonstrated membership criteria.
(k) ''Possession'' means having physical custody of human remains
and cultural items with a sufficient legal interest to lawfully treat the
human remains and cultural items as part of a collection. The term does
not include human remains and cultural items on loan to an agency or
museum.
(l) "Preponderance of the evidence" means that the party's evidence
on a fact indicates that it is more likely than not that the fact is true.
8013. (a) Any agency or museum that has possession or control
over collections of California Native American human remains and
associated funerary objects shall complete an inventory of all these
remains and associated funerary objects and, to the extent possible based
on all information possessed by the agency or museum, do all of the
following:
( 1) Identify the geographical location, state cultural affiliation, and
the circumstances surrounding their acquisition.
(2) List in the inventory the human remains and associated funerary
objects that are clearly identifiable as to state cultural affiliation with
California Indian tribes. These items shall be listed first in order to
expedite the repatriation of these items.
(3) List the human remains and associated funerary objects that are
not clearly identifiable by cultural affiliation but that, given the totality
of circumstances surrounding their acquisition and characteristics are
determined by a reasonable belief to be human remains and associated
funerary objects with a state cultural affiliation with one or more
California Indian tribes. Consult with California Indian tribes believed
by the agency or museum to be affiliated with the items, during the
compilation of the inventory as part of the determination of affiliation.
If the agency or museum cannot determine which California Indian

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