Page 7 - calnagpra2001

-7- Ch. 818

8014. A tribe claiming state cultural affiliation and requesting the
return of human remains and cultural items listed in the inventory or
summary of an agency or museum or that requests the return of human
remains and cultural items that are not listed in the inventory but are
believed to be in the possession or control of the agency or museum in
the state shall do both of the following:
(a) File a written request for the human remains and cultural items
with the commission and the agency or museum believed to have
possession or control.
(b) Provide evidence that would establish that items claimed are
cultural items and are culturally affiliated with the California Indian tribe
making the claim. Evidence of cultural affiliation need not be provided
in cases where cultural affiliation is reasonably established by the
inventory or summary.
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 in possession of the item, if the criteria
specified in subdivision (b) of Section 8016 have been met. At this time,
the commission shall also publish the request for repatriation on its Web
site for 30 days. If there are no other requests for a particular item and
there is not unresolved objection pursuant to subdivision ( c) of Section
8016 within 90 days of the date of distribution and publication of the
inventory or summary and completion of any federal Native American
Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.)
repatriation process related to the item, the agency or museum in
possession of the item shall repatriate the requested item to the
requesting party. This repatriation shall occur within 30 days after the
last day of the 90-day period, or on a date agreed upon by all parties.
(b) Nothing in this section shall be construed to prohibit any
requesting party, a tribe, an agency, or a museum from coordinating
directly with each other on repatriation, or to prohibit the repatriation at
any time of any undisputed items to the requesting party prior to
completion of any requirements set forth in this chapter. The
commission shall receive, for their records, copies of all repatriation
agreements and shall have the power to enforce these agreements.
8016. (a) If there is more than one request for repatriation for the
same item, or there is a dispute between the requesting party and the
agency or museum, or if a dispute arises in relation to the repatriation
process, the commission shall notify the affected parties of this fact and
the cultural affiliation of the item in question shall be determined in
accordance with this section.

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