SECTIONS 8025-8028 - California Statutes

HEALTH AND SAFETY CODE

SECTION 8025-8028

8025. (a) There is hereby established the Repatriation Oversight
Commission composed of 10 members as follows:
(1) Two voting members appointed by the Governor from nominations
made by federally recognized California tribes within the state. One
member each shall represent the central and southern areas of the
state.
(2) Two voting members appointed by the Speaker of the Assembly
from nominations made by federally recognized California tribes
within the state. One member each shall represent the northern and
southern areas of the state.
(3) Two voting members appointed by the Senate Committee on Rules
from nominations made by federally recognized California tribes
within the state. One member each shall represent the northern and
central areas of the state.
(4) One voting member appointed by the Governor from nominations
submitted by state agencies or state-funded universities and
colleges.
(5) One voting member appointed by the Governor from nominations
submitted by the University of California.
(6) One voting member appointed by the Governor from nominations
submitted by the California Association of Museums.
(7) One voting member of a nonfederally recognized tribe appointed
by the Governor from nominations submitted by the Native American
Heritage Commission.
(b) The executive secretary of the commission shall be appointed
by the Governor and shall be an ex officio nonvoting member of the
commission.

8026. The commission shall meet when necessary, and at least
quarterly shall perform the duties specified in this section
including, but not limited to, the following:
(a) Order the repatriation of human remains and cultural items in
accordance with this chapter.
(b) Establish mediation procedures and, upon application of the
parties involved, mediate disputes between California tribes and
museums and agencies relating to the disposition of human remains and
cultural items. The commission shall have the power of subpoena for
purposes of discovery and may impose civil penalties against any
agency or museum that intentionally or willfully fails to comply with
the provisions of this chapter. Members of the commission shall
receive training in mediation for purposes of this subdivision. The
commission may delegate its responsibility to mediate disputes to a
certified mediator.
(c) Administer the budget of the commission.
(d) Establish and maintain a website for communication between
tribes and museums and agencies.
(e) Upon the request of California tribes or museums and agencies,
analyze and make decisions regarding providing financial assistance
to aid in specific repatriation activities.
(f) Accept grants or donations, real or in-kind, to carry out the
purposes of this chapter.
(g) By making recommendations to the Legislature, assist
California tribes in obtaining the dedication of appropriate state
lands for the purposes of reinterment of human remains and cultural
items.
(h) Request and utilize the advice and services of all federal,
state, and local agencies as necessary in carrying out the purposes
of this chapter.
(i) Prepare and submit to the Legislature an annual report
detailing commission activities, disbursement of funds, and dispute
resolutions relating to the repatriation activities under this
chapter.
(j) Refer any known noncompliance with the federal Native American
Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.)
to the United States Attorney General and the Secretary of the
Interior.
(k) Impose administrative civil penalties against any agency or
museum that is determined by the commission to have violated any
provision of this chapter.
( l) Establish those rules and regulations the commission
determines to be necessary for the administration of this chapter.

8027. (a) Members of the commission shall not receive a salary but
shall be entitled to reimbursement for actual expenses incurred in
the performance of their duties.
(b) The chairperson of the commission shall be elected by the
members.

8028. (a) The term of any member of the commission shall be for
three years, and each member shall serve no more than two consecutive
terms. Staggered terms shall be established by the drawing of lots
at the first meeting of the commission so that a simple majority of
the members shall initially serve a three-year term, and the
remainder initially a two-year term.
(b) If a vacancy occurs, a replacement shall be named by the same
constituency as the constituency that was represented by the member
whose membership is being replaced. Replacements shall serve only for
the remainder of the vacant member's term.