COMPARE AND CONTRAST

FedNAGPRA and CalNAGPRA

 

 

CalNAGPRA                                    

 

Applies to,

• California tribes, which may or not may not be recognized by the federal government.
• All California State Agencies
• Museums that receive State funding.
• Universities that receive State Funding
• Organizations with possession or control over human remains or California cultural items.

 

What it does:

Ø      Establishes an Oversight Commission (OC). Reviews and votes for actions to be taken, serves as mediator and assesses penalties

Ø      Notices will be published through the OC Web Page.

Ø      Disputes will be mediated by the OC

Ø      The Burden of Proof on Museum/Agencies

Ø      Civil Penalties may apply for non-compliance up to $20,000 for each violation.

 

 

FedNAGPRA

 

Applies to,

• Federally recognized tribes

• All Federal Agencies
• Museums that receive Federal funding.
• Universities that receive Federal Funding
• Organizations with possession or control over human remains or cultural items.

 

What it does:

Ø      Establishes Review Committee, role is solely advisory the purpose is to review that the law has been followed.

Ø      Notices are published in Federal Register.

Ø      Disputes resolved by Tribes

Ø      Burden of Proof on tribes

Ø      New Civil Penalties my apply but are reviewed by NPS CRS Officer (2002)

 

 

FedNAGPRA summaries and inventories may be submitted for compliance,

additional lists of non-federal tribes to be submitted (based on list complied by the Oversight Commission).Requirement to submit updated inventories to Oversight Commission one year after the oversight commission has published the list of non-federally recognized tribes.

 

Jennifer Anne Garey – October 2004