Update – October 2004

 

 

California Native American Graves Repatriation Act

 

Museums in California will continue to repatriate human remains and associated funerary items, under the federal law. The state law will require museums to add two additional steps. 1) Prepare an inventory for repatriation based on a list of California non-federally recognized tribes. 2) Follow a state mandated time line.

 

Prepared museums should feel very little impact. California museums have for over 10 years followed guidelines mandated by the federal NAGPRA law and should have completed inventories and summaries for federal compliance. The state law requires these same inventories and summaries to be submitted to the oversight commission. The state law varies from the federal law in three ways 1) it requires an additional inventory of collections associated with non-federally recognized California tribes 2)  it has deadlines for repatriation, and 3) it has fines for non-compliance.

 

The Repatriation Oversight Commission, established by California law AB978, convened its first meeting on February 12, 2004. The immediate task for the commission is to establish the list of non-federal tribes in California. Once this list is prepared, the law will begin to take effect. What does this mean for museums?

 

Museums, universities and state agencies that receive state funding will be required by the law to submit copies of their federal NAGPRA inventories and summaries to the oversight commission. In addition, museums and other state funded agencies must submit inventories of collections that are attributed to the non-federally recognized tribes. Museums must submit these inventories within one year from the date in which the oversight commission issues the list of California Indian tribes.

 

The commission will meet again on March 10^th and begin the process of establishing the list.

 

The fast pace of this law requires museums, universities and other state funded agencies to plan ahead and be prepared by beginning the process as soon as possible.

 

These two items should begin to be addressed within each institution.

 

·         Update existing federal NAGPRA inventories and summaries. (When the Commission is fully appointed, Museum and State Funded Agencies with collections will be required to submit copies of Federal NAGPRA inventories and Summaries to the California Repatriation Oversight Commission).

·         Establish an inventory for items that may be associated with California tribes which to date are not federally recognized. This inventory may follow the same format as the federal inventory.

 

If you have any questions or concerns you may contact any member of the oversight commission or state museum representative Jennifer Garey, Member of the Repatriation Oversight Commission, at jgarey@artantiquities.net please use CA Repatriation in the subject to ensure receipt of your email.