Page 8 - calnagpra2001

Ch. 818 -8-

(b) Any agency or museum receiving a repatriation request pursuant
to subdivision (a) shall repatriate human remains and cultural items if all
of the following criteria have been met:
(1) The requested human remains or cultural items meet the
definitions of human remains or cultural items that are subject to
inventory requirements under subdivision (a) of Section 8013.
(2) The state cultural affiliation of the human remains or cultural
items is established as required under subdivision (f) of Section 8012.
(3) The agency or museum is unable to present evidence that, if
standing alone before the introduction of evidence to the contrary, would
support a finding that the agency or museum has a right of possession
to the requested cultural items.
( 4) None of the exemptions listed in Section 10. l0(c) of Title 43 of
the Federal Code of Regulations apply.
(5) All other applicable requirements of regulations adopted under
the federal Native American Graves Protection and Repatriation Act (25
U.S.C. Sec. 3001 et seq.), contained in Part 10 of Title 43 of the Code
of Federal Regulations, have been met.
(c) Within 30 days after notice has been provided by the commission,
the museum or agency shall have the right to file with the commission
any objection to the requested repatriation, based on its good faith belief
that the requested human remains or cultural items are not culturally
affiliated with the requesting California tribe or are not subject to
repatriation under this chapter.
( d) The disputing parties shall submit documentation describing the
nature of the dispute, in accordance with standard mediation practices
and the commission's procedures, to the commission, which shall, in
tum, forward the documentation to the opposing party or parties. The
disputing parties shall meet within 30 days of the date of the mailing of
the documentation with the goal of settling the dispute.
( e) If, after meeting pursuant to subdivision (b ), the parties are unable
to settle the dispute, the commission, or a certified mediator designated
by the commission in accordance with subdivision (b) of Section 8026,
shall mediate the dispute.
(f) Each disputing party shall submit complaints and supporting
evidence to the commission or designated mediator and the other
opposing parties detailing their positions on the disputed issues in
accordance with standard mediation practices and the commission's
mediation procedures. Each party shall have 20 days from the date the
complaint and supporting evidence were mailed to respond to the
complaints. All responses shall be submitted to the opposing party or
parties and the commission or designated mediator.

92