California Annotations
-
Protection of Burials
-
Acts Prohibited by Law and Subject to Criminal Sanctions
-
What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Native American historic or sacred sites, Public Resources ß 5097.993
It is a misdemeanor to unlawfully and maliciously excavate, remove, destroy, injure, or deface a Native American historic, cultural, or sacred site, including historic or prehistoric ruins, burial grounds, or any archaeological evidence. A finding of guilty for this offense must include a specific intent to vandalize the site or object in question. This law applies to both public and private land. The penalty for this crime is a term of imprisonment not to exceed one year and/or a fine of up to $10,000.
Excavation without permission, Public Resources ß 5097.5
It is a misdemeanor to knowingly and willfully excavate, remove, destroy, injure, or deface any historic or archaeological site, or burial ground, situated on public lands without the express permission of the public agency with jurisdiction over the site. Unlike state lands, public lands include all lands owned or controlled by the state, any city, county, district, authority, or public corporation.
-
What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Obtaining or possessing Native American artifacts, Public Resources ß 5097.99
It is a felony to knowingly and willfully take or possess Native American remains or artifacts from a Native American grave. It also is a felony to remove Native American remains or artifacts with the intent to sell or dissect, or to do so with malice or wantonness.
-
What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Native American historic or sacred sites, Public Resources ß 5097.993
It is a misdemeanor to unlawfully and maliciously excavate, remove, destroy, injure, or deface a Native American historic, cultural, or sacred site, including historic or prehistoric ruins, burial grounds, or any archaeological evidence. A finding of guilty for this offense must include a specific intent to vandalize the site or object in question. This law applies to both public and private land. The penalty for this crime is a term of imprisonment not to exceed one year and/or a fine of up to $10,000.
Excavation without permission, Public Resources ß 5097.5
It is a misdemeanor to knowingly and willfully excavate, remove, destroy, injure, or deface any historic or archaeological site, or burial ground, situated on public lands without the express permission of the public agency with jurisdiction over the site. Unlike state lands, public lands include all lands owned or controlled by the state, any city, county, district, authority, or public corporation.
Obtaining or possessing Native American artifacts, Public Resources ß 5097.99
It is a felony to knowingly and willfully take or possess Native American remains or artifacts from a Native American grave. It also is a felony to remove Native American remains or artifacts with the intent to sell or dissect, or to do so with malice or wantonness.
-
What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Native American historic or sacred sites, Public Resources ß 5097.993
It is a misdemeanor to unlawfully and maliciously excavate, remove, destroy, injure, or deface a Native American historic, cultural, or sacred site, including historic or prehistoric ruins, burial grounds, or any archaeological evidence. A finding of guilty for this offense must include a specific intent to vandalize the site or object in question. This law applies to both public and private land. The penalty for this crime is a term of imprisonment not to exceed one year and/or a fine of up to $10,000.
-
What is the criminal liability for defacing or destroying historical or archaeological sites?
Municipal monuments, Penal ß 622
It is a misdemeanor to willfully injure, disfigure, or destroy any monument, work of art, or useful/ornamental improvement, any shade tree or ornamental plant. This law applies to private and public spaces.
Objects of archaeological or historical interest, Penal ß 622 Ω
It is a misdemeanor to willfully injure, disfigure, deface, or destroy any object or item of archaeological or historical significance or value. This law applies to private and public spaces.
-
What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
We are unable to locate information relevant to this question at this time.
-
What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Destruction of cemetery or mortuary property, Penal ß 594.35
It is a crime to destroy, cut, mutilate, efface, remove, tear down, or otherwise injure any tomb, monument, memorial, or marker in a cemetery, as well as any grave, vault, niche, crypt, or any building, statuary, or ornamentation within the cemetery. This also includes any gate, door, fence, wall, post, railing, or other enclosure for the protection of the cemetery or any property within the cemetery. It also is unlawful to obstruct or interfere with any person accompanying human remains to a cemetery or funeral establishment, or participating in a funeral/interment service. This crime is punishable by a term of imprisonment not to exceed one year.
-
What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
Obtaining or possessing Native American artifacts, Public Resources ß 5097.99
It is a felony to knowingly and willfully take or possess Native American remains or artifacts from a Native American grave.
-
What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
Caves, Penal ß 623
It is a misdemeanor to intentionally and knowingly break, crack, carve upon, paint, write, mark, or otherwise destroy or deface any natural material in any cave without the prior written permission of the owner. This offense includes disturbing or altering any archaeological evidence within the cave. This crime is punishable by up to a year in prison and/or a fine not to exceed $1,000.
-
What specific laws restrict the alienation or use of historic burial places?
Rule against perpetuities and alienation, Health & Safety ß 8559
Property dedicated for a cemetery cannot be alienated as to title or use.
-
What is the criminal liability for removing or damaging headstones?
Destruction of cemetery or mortuary property, Penal ß 594.35
It is a crime to destroy, cut, mutilate, efface, remove, tear down, or otherwise injure any tomb, monument, memorial, or marker in a cemetery, as well as any grave, vault, niche, crypt, or any building, statuary, or ornamentation within the cemetery. This also includes any gate, door, fence, wall, post, railing, or other enclosure for the protection of the cemetery or any property within the cemetery. It also is unlawful to obstruct or interfere with any person accompanying human remains to a cemetery or funeral establishment, or participating in a funeral/interment service. This crime is punishable by a term of imprisonment not to exceed one year.
-
What are the general state criminal laws for abuse of corpse?
Obtaining or possessing Native American artifacts, Public Resources ß 5097.99
It is a felony to knowingly and willfully take or possess Native American remains or artifacts from a Native American grave. It also is a felony to remove Native American remains or artifacts with the intent to sell or dissect, or to do so with malice or wantonness.
-
What other general state criminal laws affect human remains and burial places?
Theft of articles from dead bodies, Penal ß 642
It is a crime to willfully and maliciously remove and possess articles of value from a dead human body. If theft of the articles would be considered grand theft, it is a felony. If theft of the articles would be petty theft, it is a misdemeanor.
-
What are the general state criminal laws for theft?
Theft, Penal ß 484
Any person who feloniously steals, takes, carries, leads, or drives away the property of another, or who fraudulently appropriates property or knowingly defrauds another of money or property, or fraudulently obtains credit is guilty of theft. The value of the stolen property is based on the reasonable and fair market value.
Pawnbrokers or secondhand dealers, Penal ß 484.1
Any person who knowingly provides false information to a pawnbroker about his identity or ownership of property in order to sell the property is guilty of theft.
Appropriation of lost property, Penal ß 485
Any person who finds lost property with knowledge of the rightful owner but appropriates the property for his own use without first making a reasonable effort to find the owner and return the lost property is guilty of theft.
Grand theft, Penal ß 487
Grand theft is committed when money, labor, or real or personal property stolen is worth more than $400, when the property is taken from the person of another, when the property is a car or livestock, or when it is a firearm.
Petty theft, Penal ß 488
If grand theft is not committed, then the theft is considered petty theft.
Grand theft punishment, Penal ß 489
Grant theft involving a firearm is punishable by a term of imprisonment of 16 months, 2 years, or 3 years. In all other cases of grand theft, imprisonment may not exceed 1 year.
Petty theft punishment, Penal ß 490
Petty theft is punishable by a maximum fine of $1,000 and/or by imprisonment not exceeding 6 months.
-
What are the general state criminal laws for receiving stolen property?
Receiving stolen property, Penal ß 496
Any person who knowingly buys or receives stolen property or property that was obtained through theft or extortion, or helps conceal, sell, or withhold stolen property may be imprisoned for a term not to exceed 1 year. Swap meet vendors and other professionals dealing in secondhand merchandise must make reasonable inquiries into the property they receive to ensure it is being given to them by the rightful owner. Failure to do so may result in a term of imprisonment not to exceed 1 year.
-
What are the general state criminal laws for unlawful trespass?
Forcible entry, Penal ß 603
It is a misdemeanor to forcibly enter a house, cabin, or other building without consent of the owner and damage or destroy any property of value.
-
What are the general state criminal laws for mischief?
See general state criminal laws for damage to property.
-
What are the general state criminal laws for damage to property?
Vandalism, Penal ß 594
It is an act of vandalism to maliciously deface with graffiti or other inscribed material, damage, or destroy the real or personal property of another person. If the real property vandalized belongs to any public entity, it is assumed that the violator had no ownership claim to that property. Acts resulting in $400-$10,000 of damage carry a possible term of imprisonment up to one year or a fine not to exceed $10,000. Acts resulting in $10,000 or more of damage carry a possible penalty not to exceed $50,000 or a combination of a fine and a term of imprisonment. Acts of vandalism resulting in less than $400 of damage are punishable by a term of imprisonment of not more than one year and/or a fine of up to $1,000. However, if the violator has been convicted of vandalism previously, the maximum fine becomes $5,000. The violator also may be required clean up, repair, or replace the damaged property.
Possession with intent to commit vandalism, Penal ß 594.2
It is a misdemeanor to possess a masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, awl, chisel, carbide scribe, aerosol paint container, felt tip marker, or other marking substance with the intent to commit vandalism. A violator may be required to perform community service not to exceed 90 hours.
Vandalism based on racial or religious prejudice, Penal ß 594.3
It is a crime punishable by a term of imprisonment of up to one year to knowingly vandalize a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used for religious services or a cemetery. If this crime is committed as a hate crime or with the purpose of intimidating and deterring people from freely exercising their religion, the crime becomes a felony.
Destruction of cemetery or mortuary property, Penal ß 594.35
It is a crime to destroy, cut, mutilate, efface, remove, tear down, or otherwise injure any tomb, monument, memorial, or marker in a cemetery, as well as any grave, vault, niche, crypt, or any building, statuary, or ornamentation within the cemetery. This also includes any gate, door, fence, wall, post, railing, or other enclosure for the protection of the cemetery or any property within the cemetery. It also is unlawful to obstruct or interfere with any person accompanying human remains to a cemetery or funeral establishment, or participating in a funeral/interment service. This crime is punishable by a term of imprisonment not to exceed one year.
Affixing graffiti, Penal ß 594.6
Any person convicted of vandalism may be required to complete community service not to exceed 300 hours over a period of 240 days. The violator also may be required to keep a specified piece of property free of graffiti for up to one year. Additional counseling may be imposed by the court.
Subsequent conviction of vandalism, Penal ß 594.7
A person who has been convicted of vandalism more than once and at least one of the previous convictions resulted in imprisonment, a conditional sentence, or probation, shall be sentenced to imprisonment of not more than one year if the person commits the offense again.
Destructive implements, Penal ß 594.8
Any minor convicted of possessing a destructive instrument with the intent to commit vandalism may be sentenced to community service of not less than 24 hours, as well as counseling. In lieu of community service, the violator may be required to keep a specified piece of property free of graffiti for 60 days.
-
What are the general state criminal laws for hate crimes?
Hate crime, Penal ß 422.55
A hate crime is any criminal act committed in whole or in part because of the victimís actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or group with one of more of these actual or perceived characteristics.
Interference with exercise of civil rights, Penal ß 422.6
No person may threaten by force, threat of force, willful injury, intimidation, interference, or oppression the free exercise or enjoyment of any right preserved by the state and federal constitutions and laws because of an actual or perceived characteristic listed in Penal ß 422.55. No person may destroy, deface, or damage the real or personal property of any person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right preserved in the state and federal constitutions and laws. This offense is punishable by up to a year of imprisonment, a $5,000 fine, and/or community service.
-
-
Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
-
How is the excavation of historical and archaeological resources restricted in this state?
We are unable to locate information relevant to this question at this time.
-
How is the collection or removal of historical and archaeological resources restricted in this state?
We are unable to locate information relevant to this question at this time.
-
What specific laws restrict the alienation or use of historic burial places?
Rule against perpetuities and alienation, Health & Safety ß 8559
Property dedicated for a cemetery cannot be alienated as to title or use.
-
-
Time Limits for Bringing Criminal Action
-
What time limits govern the initiation of a criminal action related to the protection of burials?
We are unable to locate information relevant to this question at this time.
-
-
Time Limits for Bringing Civil Action
-
What time limits govern the initiation of a civil action related to the protection of burials?
We are unable to locate information relevant to this question at this time.
-
-
-
Sanctions
-
Criminal
-
What are the general criminal fines and penalties for misdemeanors and felonies in the state?
For fines and penalties associated with crimes related to burials and historic preservation, see individual crimes explained above.
-
What are the class designations for misdemeanors and felonies in the state?
We are unable to locate information relevant to this question at this time.
-
-
Civil or Administrative
-
What are the civil sanctions related to burial protection in the state?
Penalties for violations of 5097.993(a), Public Resources ß 5097.994
Violations of ß5097.993(a) are punishable by civil penalties in addition to criminal ones. A fine of up to $50,000 may be imposed for each separate violation. The court must consider the extent of the damage to the Native American site or object when assessing the penalty.
-
What are the administrative sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
-
-
-
Preservation of Burials and Compliance Therewith
-
Laws Related to Preservation of Burials
-
What are the time limitations for bringing a civil action related to the preservation of burials to court?
We are unable to locate information relevant to this question at this time.
-
How are future interests in property involving burials subject to the rule against perpetuities?
Rule against perpetuities and alienation, Health & Safety ß 8559
Dedication of property to cemetery purposes does not violate the rule against perpetuities due to the unique needs of burying the dead.
-
How can the state exercise eminent domain over a cemetery or historic property?
Eminent domain, Government Code ß 15855
The State Public Works Board may invoke the power of eminent domain to acquire property needed by any state agency for any state purpose. This does not limit the rights of the Department of Transportation, Department of Water Resources, State Lands Commission, State Reclamation Board, or the University of California to exercise eminent domain. If the state legislature finds that use of eminent domain has been improper, all associated contracts are cancelled and considered null and void.
-
How are conservation and preservation easements created in this state?
Legislative findings and declaration, Civil ß 815
The State Legislature has declared that the preservation of land in its natural, agricultural, historical, forested, or open-space condition is an important public interest and thus encourages conservation easements.
Conservation easement, Civil ß 815.3
Only tax-exempt nonprofits with primary missions of preservation, state, county, and local governments, and federally-recognized California Native American tribes may acquire and hold conservation easements.
Enforcement of easement, Civil ß 815.7
No conservation easement is unenforceable due to lack of privity or lack of contract. Injunctive relief to ensure that the terms of a conservation easement are followed can be ordered by the court. Injury to a conservation easement may entitle the holder to recover monetary damages.
-
How does the state create authorized rights-of-way through cemetery property?
We are unable to locate information relevant to this question at this time.
-
To what extent are burial grounds and cemeteries open to the public in this state?
We are unable to locate information relevant to this question at this time.
-
How are the transfer of cemetery lots and the disposition of cemetery land regulated?
Disposition, Health & Safety ß 7900
Whenever human remains have been ordered removed from a cemetery, the cemetery authority may sell or mortgage areas where no interments were made or where all human remains have been removed.
Sale, Health & Safety ß 7901
Sale or mortgage of cemetery property must be conducted fairly for a reasonable price. The fairness and reasonableness of the transaction must be confirmed by the superior court of the county in which the land is located.
Recordation of removal of human remains, Health & Safety ß 7904
A cemetery authority may file with the county or city in which a cemetery is located a record that all human remains have been removed. Once the record in formally acknowledged, it serves as proof in further transactions involving the property that all human remains have been removed.
Reservation of land for mausoleum, Health & Safety ß 7905
Land from a cemetery where remains have been removed may be reserved to erect a mausoleum for re-interment of some remains with the approval of the governing body of the city or county where the cemetery is located.
Removal of dedication of cemetery lands, Health & Safety ß 7906
After all human remains have been removed from a cemetery, the dedication as a cemetery may be removed from the land once it has been proved in court that all bodies have been removed, no more interments have been made, and that the property is no longer required for interment purposes.
-
How will the state regulate or sell unsuitable or condemned cemetery property?
We are unable to locate information relevant to this question at this time.
-
What is the procedure for abandoning burial grounds or cemetery lots?
Abandonment of non-endowment care cemetery, Health & Safety ß 8825
Cities and counties may abandon cemeteries where not more than 10 bodies have been interred in the past 5 years if the cemetery threatens or endangers public health or safety.
Notice of abandonment, Health & Safety ß 8827
60 days after the first notice in a newspaper of general circulation of a resolution to abandon a cemetery expires, the process of removing objects and structures on the property that threaten or endanger public health or safety commence.
Marking as memorial, Health & Safety ß 8828
Once the abandonment process is complete, the cemetery is marked as a memorial to commemorate those still interred and title to the property passes to the city or county.
-
What is the procedure for removing or replacing headstones?
We are unable to locate information relevant to this question at this time.
-
How will the state preserve historical or archaeological resources threatened by public construction or public works?
State lands, Public Resources ß 5097
State lands are defined as any land owned by or under the jurisdiction of the state or any state agency.
Submission of plans to parks and recreation department, Public Resources ß 5097.1
Before the construction of any public project may begin, the state agency responsible for the project may submit plans indicating the nature, location, and excavations of the project to the State Department of Parks and Recreation.
Site survey, Public Resources ß 5097.2
Once the Department of Parks and Recreation has received a project plan from the appropriate state agency, it may initiate an archaeological survey of the site. Upon completion of the survey, the Department may offer recommendations to the state agency for preservation, recordkeeping, and excavation for any archaeological, paleontological, or historical features on the land.
Preservation or recording of features, Public Resources ß 5097.3
The state agency commencing a public project on state land may undertake such measures as it deems necessary to preserve or record any archaeological, paleontological, or historic features of the land after receiving the recommendations of the Department of Parks and Recreation concerning the site.
Impairment or delay of state construction project, Public Resources ß 5097.4
No archaeological program conducted by the Department of Parks and Recreation shall impair, impede, or delay any state construction project.
Expenditures, Public Resources ß 5097.6
The State Legislature must appropriate funds to conduct survey and preservation on state lands.
State-owned historical resources, Public Resources ß 5024.5
No state agency can alter, transfer, relocate, or demolish historical resources listed by the Office of Historic Preservation but not yet on the state register without first giving the state historic preservation officer notice of the proposed action. The state historic preservation officer has 30 days after notice to provide comments. If the historical resource is endangered by the project, the agency must develop a mitigation plan. The Office of Planning and Research mediates disputes between the historic preservation office and the agency.
-
What are the procedures for excavating or removing remains or archaeological resources on public lands?
State lands, Public Resources ß 5097
State lands are defined as any land owned by or under the jurisdiction of the state or any state agency.
Submission of plans to parks and recreation department, Public Resources ß 5097.1
Before the construction of any public project may begin, the state agency responsible for the project may submit plans indicating the nature, location, and excavations of the project to the State Department of Parks and Recreation.
Site survey, Public Resources ß 5097.2
Once the Department of Parks and Recreation has received a project plan from the appropriate state agency, it may initiate an archaeological survey of the site. Upon completion of the survey, the Department may offer recommendations to the state agency for preservation, recordkeeping, and excavation for any archaeological, paleontological, or historical features on the land.
Preservation or recording of features, Public Resources ß 5097.3
The state agency commencing a public project on state land may undertake such measures as it deems necessary to preserve or record any archaeological, paleontological, or historic features of the land after receiving the recommendations of the Department of Parks and Recreation concerning the site.
Impairment or delay of state construction project, Public Resources ß 5097.4
No archaeological program conducted by the Department of Parks and Recreation shall impair, impede, or delay any state construction project.
Expenditures, Public Resources ß 5097.6
The State Legislature must appropriate funds to conduct survey and preservation on state lands.
Interference with Native American religion, Public Resources ß 5097.9
Even when a public agency occupies or operates public property, it cannot interfere with any constitutionally protected right to free expression or exercise of Native American religion. If the public property contains a cemetery, place of worship, or other sacred site, the public agency cannot cause irreparable damage to the site without a clear and convincing public interest. This applies to private parties using public lands.
-
What are the procedures for excavating or removing remains or archaeological resources on private lands?
Discovery of Native American human remains, Public Resources ß 5097.98
After Native American human remains have been discovered, the most likely descendents must be immediately notified. The descendants then, with permission of the landowner, inspect the site and offer recommendations for how to excavate and dispose of the remains and associated burial artifacts. This process must be completed within 48 hours. The landowner must ensure that the remains are not damaged or disturbed until the descendents have determined a course of action. That course of action may include: removal; preservation, return of the remains to the descendents; or other culturally appropriate treatment. If descendents cannot be identified, the landowner must re-inter the remains and associated burial goods in an appropriate place that will not be disturbed in the future.
-
What are the procedures for discoveries of human remains and artifacts of cultural significance?
Discovery of Native American human remains, Public Resources ß 5097.98
After Native American human remains have been discovered, the most likely descendents must be immediately notified. The descendants then, with permission of the landowner, inspect the site and offer recommendations for how to excavate and dispose of the remains and associated burial artifacts. This process must be completed within 48 hours. The landowner must ensure that the remains are not damaged or disturbed until the descendents have determined a course of action. That course of action may include: removal; preservation, return of the remains to the descendents; or other culturally appropriate treatment. If descendents cannot be identified, the landowner must re-inter the remains and associated burial goods in an appropriate place that will not be disturbed in the future.
-
What are the procedures for the disposition of human remains and funerary artifacts?
Repatriation of Native American remains, Public Resources ß 5097.991
It is the policy of the State that Native American remains and associated funerary artifacts shall be repatriated.
-
What are the procedures for the removal and re-interment of human remains from cemeteries?
Required consent, Health & Safety ß 7525
Human remains may be removed from a cemetery only with the consent of the cemetery authority and written consent of one of the following: the surviving spouse; surviving children; surviving parents; or surviving siblings.
Permission of court, Health & Safety ß 7526
If consent cannot be obtained to remove human remains from a cemetery, permission from the superior court of the county where the cemetery is located is sufficient.
Notice of application to court for permission, Health & Safety ß 7527
The cemetery authority and persons refusing consent to remove remains from a cemetery must be given notice at least 10 days before in person or 15 days before by mail an application is submitted to court to approve the removal.
Exemptions, Health & Safety ß 7528
Removal of remains to another plot within the same cemetery or removal of remains from a plot that is past due or unpaid does not require consent.
Interment in religious cemetery, Health & Safety ß 7980
When a decedent has been interred in a cemetery under the auspices of a religious corporation or society, or church, any removal and re-interment of remains must be in accordance with the rules, regulations, and discipline of the religious denomination, society, or church.
Cemeteries with no interments for two years, Health & Safety ß 7600
If no interments have been made in a cemetery for 2 years, the governing body of the city in which the cemetery is located may provide for the removal of all human remains from the cemetery.
Removal of remains, Health & Safety ß 7701
When a city of county orders the removal of human remains, it must prescribe time limits and other reasonable regulations for conducting the removal and re-interment.
Declaration, Health & Safety ß 7725
A cemetery authority may declare its intent and purpose to remove remains when so ordered by an ordinance to remove the remains. The procedure for such a declaration must be voted on by the cemetery authorityís governing body and then approved by a majority vote of the lot holders.
Contents of declaration, Health & Safety ß 7726
A declaration to remove human remains must specify that remains not removed within ten months after the declaration is published will be removed by the cemetery authority.
Publication, Health & Safety ß 7735
A declaration of intent to remove human remains must be published in a newspaper of general circulation at least once a week for two successive months.
Posting of copies, Health & Safety ß 7737
Copies of the declaration must be posted in at least 3 noticeable places in the cemetery within 10 days after publication.
Mailing to plot owners, Health & Safety ß 7738
A copy of the declaration must be mailed to every person who owns, holds, or has the right of interment in any plot affected by the removal.
Mailing to heirs of persons interred, Health & Safety ß 7739
Notice of a planned removal of remains from a cemetery must be mailed to each known living heir of any person interred in the cemetery.
Notice of desire to be present, Health & Safety ß 7750
Any relative or friend of a decedent whose remains are being removed from a cemetery must request to be present when the remains are disinterred.
Contents of notice, Health & Safety ß 7751
A request to attend the removal of remains must specify to the cemetery authority the name of the person, where the plot is located, the date of interment, and a current address.
Delivery or mailing to cemetery authority, Health & Safety ß 7752
A request to attend a disinterment may be mailed to the office of the appropriate cemetery authority.
Notice by cemetery authority of time and place, Health & Safety ß 7753
A cemetery authority must provide written notice of when remains will be removed and when they will be re-interred to any person requesting to be present.
Requirement of notice before disinterment, Health & Safety ß 7754
A cemetery authority cannot remove remains until the person requesting to be present has been notified of the date of removal.
Voluntary removal, Health & Safety ß 7800
A relative or friend may voluntarily remove and dispose of remains scheduled to be disinterred by a cemetery authority.
Affidavit of person desiring removal, Health & Safety ß 7801
Before a voluntary removal can occur, the person requesting the removal must submit an affidavit of consent to the cemetery authority. If the requester is not a relative, permission of known heirs must be obtained before removal.
Removal by purchaser or owner of plot, Health & Safety ß 7802
The purchaser/owner of a plot or those having a right of interment in a plot may remove remains without filing an affidavit of consent.
Removal by heirs of grantee of plot, Health & Safety ß 7803
Heirs to a plot or right of interment may remove remains without filing an affidavit of consent.
Removal of appurtenances, Health & Safety ß 7804
When remains are voluntarily removed by a friend or relative of the decedent, that friend or relative also may remove any monument, headstone, or appurtenance.
Failure to remove appurtenances, Health & Safety ß 7805
Monuments, headstones, and other items that have not been removed within 90 days may be disposed of by the cemetery authority.
Removal and reinterment, Health & Safety ß 7850
After notice and expiration of any time limits, the cemetery authority may remove any remains and re-inter those remains in other cemeteries in the State.
Reinterment in adjoining county, Health & Safety ß 7851
Cemetery authorities must transport and re-inter removed remains to a cemetery in an adjoining county.
Nature of reinterment, Health & Safety ß 7852
Removed remains must be re-interred in a proper vessel and treated respectfully.
Disposition, Health & Safety ß 7900
Whenever human remains have been ordered removed from a cemetery, the cemetery authority may sell or mortgage areas where no interments were made or where all human remains have been removed.
-
How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
We are unable to locate information relevant to this question at this time.
-
How does the state identify, preserve, and control Native American sacred sites?
Removal of human remains, Health & Safety 7050.5
When human remains are discovered outside a cemetery, the remains must not be disturbed until the coroner of the county in which the remains are discovered determines whether law enforcement should be involved. If the coroner determines that the remains are not subject to her authority and believes they may be Native American, she must contact the Native American Heritage Commission with 24 hours.
Inventory of Native American remains, Health & Safety ß 8013
Any agency or museum with collections of Native American human remains and associated funerary objects must complete an inventory that (1) identifies geographical location, state cultural affiliation, and circumstances of acquisition; (2) list the items that are identifiable with a cultural affiliation; and (3) list the items that are reasonably identifiable with a cultural affiliation. The agency or museum also must summarize funerary and sacred objects not associated with human remains. A California tribe may request additional documentation from the agency or museum. The inventory must be given to the Repatriation Oversight Commission within 90 days of its completion. The requirements of this section must be met regardless of an agency or museumís obligations under NAGPRA. If no Native American items are found in an agency or museumís collection, it must certify such in a letter to the Commission. The agency or museum is responsible for updating its inventory and provided those updates to the Commission.
Repatriation requests, Health & Safety ß 8014
A tribe may request the return of human remains and cultural items by filing a written request with the Repatriation Oversight Commission and by providing evidence that the items are actually culturally affiliated with the tribe making the request for return.
Duties of commission, Health & Safety ß 8015
When the Commission receives a repatriation request, it forwards the request to the agency or museum and publishes it on its website for 30 days. If the items requested are not under dispute and all paperwork is in order, the agency or museum must return the item within 90 days of the request being published by the Commission.
Multiple repatriation requests, Health & Safety ß 8016
The Commission will notify all parties when multiple repatriation requests are submitted for the same item, or when a dispute arises between a requesting party and the agency or museum. If all relevant criteria are met, the agency or museum must return the requested remains or artifacts. However, in the event of a dispute, the Commission will follow standard mediation practices. If the parties cannot settle their dispute, the Commission or a certified mediator will mediate the dispute. The Commission or mediator reviews all complaints and evidence submitted by the parties and holds a mediation session within 20 days of receipt of responses from each side to the complaints. 7 days after the session, the mediator will deliver her decision. If the dispute cannot be resolved through mediation, the Commission will render a final decision. Appeals to the Commissionís decision must be filed in court within 30 days after the decision is made.
Committees or groups authorized to accept items, Health & Safety ß 8017
Repatriated items may be given to a committee or group of tribes authorized by their tribal governments to accept the items.
Liability for claims, Health & Safety ß 8018
Any agency or museum that repatriates an item in good faith is not liable for claims against it. No action may be brought by the state or another entity if the agency or museum complied with the repatriation laws.
Relinquishment of control, Health & Safety ß 8019
An Indian tribe or group may expressly relinquish control over any human remains or cultural items.
Mediation sessions, Health & Safety ß 8020
Mediations of repatriation disputes may be closed to the public to protect information necessary for a determination of repatriation.
Appeal by either party, Health & Safety ß 8021
If a party in a repatriation dispute files an appeal, the decision of the Commission or mediator is automatically stayed.
Repatriation Oversight Commission, Health & Safety ß 8025
The Repatriation Oversight Commission is composed of 10 members, 6 from federally-recognized tribes, 1 from a state agency, 1 nominated by the University of California, 1 nominated by the California Association of Museums, and 1 from a non-federally-recognized tribe.
Meetings and duties, Health & Safety ß 8026
The Commissionís duties include the following: ordering repatriation of human remains and cultural items; establishing mediation procedures; administering the budget; managing a website; advise tribes and state agencies; prepare an annual report; report noncompliance with NAGPRA; and impose civil penalties against agencies and museums that violate repatriation requirements.
Compensation, reimbursement, and chairperson, Health & Safety ß 8027
Commission members cannot receive a salary, but may be reimbursed for expenses incurred during the performance of their duties. The members elect the Commission chairperson.
Terms and vacancies, Health & Safety ß 8028
Member terms are 3 years and no member may serve more than 2 consecutive terms. In the event of a vacancy, the replacement is named by the constituency that was represented by the exiting member and will only serve for the remainder of the exiting memberís term.
Failure to comply, Health & Safety ß 8029
Any agency or museum that fails to comply with the repatriation procedures may be fined a maximum of $20,000 for each violation. Factors considered in assessing the penalty are the archaeological, historical, and commercial value of the item involved, the cultural and spiritual significance of the item, the damages suffered, and the number of violations that occurred. If the agency or museum fails to pay, the Attorney General may initiate a civil action in court to collect the money. Actions in good faith to comply with NAGPRA are exempt from a civil penalty.
Restriction of archaeological record disclosure, Government Code ß 6254
Records of Native American graves, cemeteries, and sacred places are not required to be disclosed.
-
How does the state preserve historical lands from surface mining?
We are unable to locate information relevant to this question at this time.
-
What are the procedures for the exploration of submerged graves and underwater sites?
We are unable to locate information relevant to this question at this time.
-
How is activity affecting aquatic beds regulated?
We are unable to located information relevant to this question at this time.
-
What are the procedures for transferring land and property containing historic or cultural resources?
Transfer of state-owned National Register property,Public Resources ß 5027
Historical resources listed on the National Register of Historic Places that is transferred from the state to another public agency cannot be demolished, destroyed, or altered except for purposes of restoration and preservation.
-
What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?
Natural disaster damage to historic property, Public Resources ß 5028
Historical structures listed on the federal or state registers of historic places may not be demolished or altered if they sustain natural disaster damage, except for restoration and preservation, unless the state historic preservation office approves the demolition. Local governments may seek consultation with the historic preservation office for restoration of damaged properties.
-
What public health regulations exist for the removal and burial of human remains?
Health department permission, Health & Safety 7500
No human remains can be removed from a cemetery without written consent from the health department with jurisdiction over the cemetery. The cemetery from which the remains are removed must keep a record of the date of removal, name of deceased, and the plot from which the remains are removed.
Transporting human remains, Health & Safety 7502
Cemetery authorities must transport human remains in accordance with reasonable rules and regulations a local board of health may adopt.
-
How is environmental impact measured for historic and archeological resources?
Archaeological resources, Public Resources ß 21083.2
An environmental impact report is required when a project by a state agency may adversely affect an archaeological resource. If the project will damage a unique archaeological resource, reasonable efforts should be made to preserve the resource. If an archaeological resource is not preserved or left undisturbed, mitigation measures should be taken, including excavation. Unique archaeological resources are those that contain information to answer important scientific questions, have a special quality, or are associated with an important historic event.
-
-
Activities Affecting Burials which Require State or Local Government Compliance
-
What activities affecting burials require state or local government compliance?
We are unable to locate information relevant to this question at this time.
-
-
Regulation by State or Local Government of Non-Governmental Burial-Related Activities
-
What state regulations relate to non-governmental burial-related activities?
We are unable to locate information relevant to this question at this time.
-
What local regulations relate to non-governmental burial-related activities?
We are unable to locate information relevant to this question at this time.
-
-
-
Decision-Making
-
Authorities Empowered to Make Decisions Affecting Burials
-
How is a cemetery association formed in this state?
Private cemeteries, Health & Safety ß 8275
Any corporation authorized to do so may establish, maintain, improve, operate, and otherwise conduct the business of a cemetery, for profit or not and it known as a cemetery authority.
-
Who has the right to conduct archaeological field excavations?
State Historical Resources Commission archaeological sites, Public Resources ß 5020.5
The Commission develops criteria for determining the significance or archaeological sites and which sites should be preserved or excavated. The Commission also develops guidelines for the collection of archaeological specimens.
-
Who has custody rights of discovered human remains?
We are unable to locate information relevant to this question at this time.
-
Who has the ownership rights of archaeological specimens or objects of cultural significance?
We are unable to locate information relevant to this question at this time.
-
What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
-
What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We are unable to locate information relevant to this question at this time.
-
Who has dominion and control of state historic or archaeological resources?
We are unable to locate information relevant to this question at this time.
-
Who sits on the state historical commission, and how are these members appointed?
The State Historical Resources Commission consists of 9 members who are appointed by the governor. Members hold office for a term of 4 years. Members are eligible based on their backgrounds in disciplines like history and archaeology, ethnic history, or folk life.
-
Who sits on the state historic preservation board and for how long?
The governor appoints a State Historic Preservation Officer who serves as the executive secretary of the State Historical Resources Commission.
-
-
Scope of Authority
-
What powers and responsibilities are delegated to cemetery associations in this state?
Powers of cemetery authority, Health & Safety 8300
Cemetery authorities care for, control, and manage cemeteries under their authority. Authorities may limit use of property, regulate markers and monuments, manage where remains are interred, and regulate conduct of people in the cemetery.
-
How are cemetery sales records to be kept?
Interment records, Health & Safety ß 8330
Records must be kept of every interment, including dates, name and age of person interred, and the location of the burial plot.
Ownership records, Health & Safety ß 8331
Records must be kept of all sales and transfers of plots.
-
What power does the state have to acquire or purchase property of historic or archaeological significance?
Real property acquisition, Public Resources ß 5079.20
The State Public Works Board may acquire any real property requiring preservation under the state register of historic places. The Office of Historic Preservation may accept gifts of real property or enter into agreements to purchase real property to achieve the objectives of historic preservation.
Acquisition for public access, Public Resources ß 5079.21
The Office of Historic Preservation may acquire and hold historic resources in order to provide public access to such sites.
Acquisition, conservation, return and transfer of title, Public Resources ß 5079.35
The Office of Historic Preservation may acquire real property with historic or archaeological significance to protect it from imminent destruction or to otherwise secure preservation. However, the Office should attempt to find another qualified buyer if possible and return title to another entity once the property is preserved.
-
How does the state manage park and historical sites?
Department of Parks and Recreation, Public Resources ß 5001
State parks are managed by the Department of Parks and Recreation.
-
What are the powers of municipal and county governments regarding park and historical sites?
Acquiring property for historic landmarks, Government Code, ß 25373
County governments may acquire property for the preservation or development of a historic landmark or recreational facilities.
-
How do county and municipal governments oversee cemetery property?
Public cemeteries, Health & Safety ß 8125
Cities, towns, and counties may dedicate public property not exceeding 5 acres as a cemetery. A survey and description of the land set-aside must be filed with the county.
Management of public cemeteries, Health & Safety ß 8130
The general management of a public cemetery, including burials and plots, is conducted by the city owning the cemetery.
County cemeteries, Health & Safety ß 8000
A county may order the removal of all human remains from a cemetery if it is necessary for the land to be used for other purposes, the cemetery is located on a site of a county institution for the indigent and sick, and an adequate alternative exists for burial of the indigent and sick.
Resolution of county board of supervisors, Health & Safety ß 8001
A declaration to remove human remains from a cemetery requires notice through publication in a newspaper of general circulation and shall be mailed to any known living heir to any person whose remains are interred in the cemetery.
Voluntary removal, Health & Safety ß 8002
Any relative or friend may voluntarily remove a decedentís remains before the date fixed for removal by the county.
Removal and reinterment by county, Health & Safety ß 8003
The county may conduct the removal of remains not claimed after notice has been provided and the time limit specified in the notice has expired.
Nature of reinterment, Health & Safety ß 8004
Remains removed from a cemetery by the county must be transported and re-interred in a proper vessel and given a permanent identifying marker.
Use of property after removal, Health & Safety ß 8005
After all human remains have been removed from a cemetery the property may be used as seen fit by the county.
-
What are the powers and duties of the state historical commission?
State Historical Resources Commission powers and duties, Public Resources ß 5020.4
The State Historical Resources Commission evaluates sites for the National Registers of Historic Places, maintains records of historical resources, establishes criteria for preserving historical resources, develops criteria for rehabilitation of historic structures, develops policies, makes recommendations on historic sites, and submits an annual report on its activities.
-
How does the state historical commission register or include historical property?
Registration of state landmarks and points of interest, Public Resources ß 5021
The Commission maintains a register of historical landmarks and points of historical interest. The Commission issues recommendations for the registers sites that are deemed important historical resources or points of historical interest that warrant a sign identifying the site.
State-owned historic resources, Public Resources ß 5024
The State Historic Preservation Officer determines which state-owned historical resources are eligible for listing on the National Register of Historic Places or as a state historical landmark. The Officer maintains a master list of all historic places and informs state agencies of funding opportunities for preservation activities.
California Register of Historical Resources, Public Resources ß 5024.1
Criteria considered in listing a site on the state register of historical resources include the siteís association with significant events in state history, its association with important historic figures, whether it embodies distinctive characteristics of a particular historical era, or whether it yields important historical information.
-
What are the powers and duties of the state archaeological commission?
State Office of Historic Preservation, Public Resources ß 5024.6
The Office of Historic Preservation recommends properties for listing on the historic registers, administers preservation incentive programs, provides information on preservation programs, provides education and technical assistance, administers grant and loan programs, cooperates with ethnic and cultural organizations, reviews impacts on historical resources of public works, and reviews excavation and salvage permits.
-
How is the rehabilitation and preservation of historic property conducted?
State Historical Resources Commission powers and duties, Public Resources ß 5020.4
The State Historical Commission develops criteria for the rehabilitation and preservation of historic property.
-
What specific historic or cultural properties are regulated by the stateís historical commission?
Registration of state landmarks and points of interest, Public Resources ß 5021
The Commission maintains a register of historical landmarks and points of historical interest. The Commission issues recommendations for the registers sites that are deemed important historical resources or points of historical interest that warrant a sign identifying the site.
State-owned historic resources, Public Resources ß 5024
The State Historic Preservation Officer determines which state-owned historical resources are eligible for listing on the National Register of Historic Places or as a state historical landmark. The Officer maintains a master list of all historic places and informs state agencies of funding opportunities for preservation activities.
California Register of Historical Resources, Public Resources ß 5024.1
Criteria considered in listing a site on the state register of historical resources include the siteís association with significant events in state history, its association with important historic figures, whether it embodies distinctive characteristics of a particular historical era, or whether it yields important historical information.
-
-
-
Special Funding Sources
-
Special Funding for Protection and Preservation of Burials
-
How is the income from cemetery land to be used and dispersed in this state?
Proceeds of sale of land, Health & Safety ß 7925
Money received from the sale of unused cemetery land or land where all remains have been removed may be used for: acquisition of lands and improvements for cemetery purposes; disinterment, removal, and reinterment of bodies; endowment care of graves and markers; and other purposes consistent with the objectives of a cemetery authority.
Use of funds to pay for expense of removal, Health & Safety ß 7926
A cemetery association may use funds in its treasury to offset the removal of remains, such as paying for a reinterment plot, transportation of remains, removal or monuments and headstones, and other incidental expenses.
Endowment care fund for cemetery on reinterment, Health & Safety ß 7927
The cemetery association will set aside adequate funds for the maintenance and care of the cemetery to which remains have been moved.
-
How is a state historic acquisition and preservation fund administered?
California Heritage Fund, Public Resources ß 5079.10
The California Heritage Fund is administered by the Office of Historic Preservation and is used to implement historic preservation laws and pay the costs of the Office in carrying out this function.
Deposits, Public Resources ß 5079.11
All funds received for the purpose of historic preservation must be deposited into the Heritage Fund. The fund may be divided into separate accounts categorized by the intended purpose of the deposited therein.
Grants, gifts, donations, Public Resources ß 5079.11
The historic preservation office may receive grants, gifts, donations, rents, and other financial support from private sources.
Deposit of proceeds, Public Resources ß 5079.13
All funds received from leases, rentals, sales, exchanges, or transfers or real property, including interest, must be deposited into the Heritage Fund.
Emergency financial support, Public Resources ß 5079.15
Projects that qualify under federal and state emergency and disaster guidelines may receive emergency financial support.
Loans and grants to public agencies and non-profits, Public Resources ß 5079.25
The state historic preservation office may provide loans and grants from the Heritage Fund to public agencies and non-profits engaged in historic preservation efforts.
Grants - maximum amount, Public Resources ß 5079.40
Grants to public agencies and nonprofits may not exceed $1 million or 50% of the cost of the historic preservation project.
-
How are trust funds for the maintenance of cemeteries established and administered?
We are unable to locate information relevant to this question at this time.
-
How are state historic archives maintained?
Information maintained by the Department of Parks and Recreation, Government Code ß 6254.10
Records maintained by the state pertaining to archaeological sites are not required to be disclosed.
-
How may the state enter into private contracts for recovering and preserving historical artifacts?
Authorization to contract, Public Resources ß 5079.26
The Office of Historic Preservation may enter into contracts with private entities to encourage and support historic resource preservation.
Support services,Public Resources ß 5079.27
The Office of Historic Preservation may contract with private entities to carry out its duties in ß 5020.4.
-
What funding exists for state historical education efforts?
We are unable to locate information relevant to this question at this time.
-
What funding exists for state museumsí scientific services?
We are unable to locate information relevant to this question at this time.
-
-
Special Funding for Public Lands
-
What special funding sources are there for protection and preservation of burials on public lands?
Grants for impaired resources, Public Resources ß 5079.50
The Office of Historic Preservation awards grants to public agencies and nonprofits to improve state historical resources that have been damaged by natural events or human activity.
Archaeological resources grant, Public Resources ß 5079.61
The Office of Historic Preservation may award grants to public agencies and nonprofits for historical preservation and acquisition of archaeological resources and artifacts.
-
-
Special Funding for Private Lands
-
What special funding sources are there for protection and preservation of burials on private lands?
We are unable to find information relevant to this question at this time.
-
-
-
State Recognition of Constituent Groups
-
Laws Recognizing or Acknowledging Constituent Groups
-
What laws are there recognizing or acknowledging constituent groups?
Inventory of Native American remains, Health & Safety ß 8013
Any agency or museum with collections of Native American human remains and associated funerary objects must complete an inventory that (1) identifies geographical location, state cultural affiliation, and circumstances of acquisition; (2) list the items that are identifiable with a cultural affiliation; and (3) list the items that are reasonably identifiable with a cultural affiliation. The agency or museum also must summarize funerary and sacred objects not associated with human remains. A California tribe may request additional documentation from the agency or museum. The inventory must be given to the Repatriation Oversight Commission within 90 days of its completion. The requirements of this section must be met regardless of an agency or museumís obligations under NAGPRA. If no Native American items are found in an agency or museumís collection, it must certify such in a letter to the Commission. The agency or museum is responsible for updating its inventory and provided those updates to the Commission.
Repatriation requests, Health & Safety ß 8014
A tribe may request the return of human remains and cultural items by filing a written request with the Repatriation Oversight Commission and by providing evidence that the items are actually culturally affiliated with the tribe making the request for return.
Duties of commission, Health & Safety ß 8015
When the Commission receives a repatriation request, it forwards the request to the agency or museum and publishes it on its website for 30 days. If the items requested are not under dispute and all paperwork is in order, the agency or museum must return the item within 90 days of the request being published by the Commission.
Multiple repatriation requests, Health & Safety ß 8016
The Commission will notify all parties when multiple repatriation requests are submitted for the same item, or when a dispute arises between a requesting party and the agency or museum. If all relevant criteria are met, the agency or museum must return the requested remains or artifacts. However, in the event of a dispute, the Commission will follow standard mediation practices. If the parties cannot settle their dispute, the Commission or a certified mediator will mediate the dispute. The Commission or mediator reviews all complaints and evidence submitted by the parties and holds a mediation session within 20 days of receipt of responses from each side to the complaints. 7 days after the session, the mediator will deliver her decision. If the dispute cannot be resolved through mediation, the Commission will render a final decision. Appeals to the Commissionís decision must be filed in court within 30 days after the decision is made.
Committees or groups authorized to accept items, Health & Safety ß 8017
Repatriated items may be given to a committee or group of tribes authorized by their tribal governments to accept the items.
Liability for claims, Health & Safety ß 8018
Any agency or museum that repatriates an item in good faith is not liable for claims against it. No action may be brought by the state or another entity if the agency or museum complied with the repatriation laws.
Relinquishment of control, Health & Safety ß 8019
An Indian tribe or group may expressly relinquish control over any human remains or cultural items.
Mediation sessions, Health & Safety ß 8020
Mediations of repatriation disputes may be closed to the public to protect information necessary for a determination of repatriation.
Appeal by either party, Health & Safety ß 8021
If a party in a repatriation dispute files an appeal, the decision of the Commission or mediator is automatically stayed.
Repatriation Oversight Commission, Health & Safety ß 8025
The Repatriation Oversight Commission is composed of 10 members, 6 from federally-recognized tribes, 1 from a state agency, 1 nominated by the University of California, 1 nominated by the California Association of Museums, and 1 from a non-federally-recognized tribe.
Meetings and duties, Health & Safety ß 8026
The Commissionís duties include the following: ordering repatriation of human remains and cultural items; establishing mediation procedures; administering the budget; managing a website; advise tribes and state agencies; prepare an annual report; report noncompliance with NAGPRA; and impose civil penalties against agencies and museums that violate repatriation requirements.
Compensation, reimbursement, and chairperson, Health & Safety ß 8027
Commission members cannot receive a salary, but may be reimbursed for expenses incurred during the performance of their duties. The members elect the Commission chairperson.
Terms and vacancies, Health & Safety ß 8028
Member terms are 3 years and no member may serve more than 2 consecutive terms. In the event of a vacancy, the replacement is named by the constituency that was represented by the exiting member and will only serve for the remainder of the exiting memberís term.
Failure to comply, Health & Safety ß 8029
Any agency or museum that fails to comply with the repatriation procedures may be fined a maximum of $20,000 for each violation. Factors considered in assessing the penalty are the archaeological, historical, and commercial value of the item involved, the cultural and spiritual significance of the item, the damages suffered, and the number of violations that occurred. If the agency or museum fails to pay, the Attorney General may initiate a civil action in court to collect the money. Actions in good faith to comply with NAGPRA are exempt from a civil penalty.
-
What tribes are recognized by the state?
California recognizes the Gabrielino-Tongva tribe and the Juaneno Band of Missions Indians.
-
Are the state-recognized tribes different from the federally-recognized tribes in the state?
Yes, there are many more tribes in California that are federally-recognized. For a complete list, see http://www.ncsl.org/?tabid=13278#fed.
-
-
Enforcement Laws
-
What laws are there related to enforcement of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
Compliance Laws
-
What laws are there related to compliance with recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
Regulatory Laws
-
What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
Decision-Making Authorities
-
What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
Investigations and hearings, Public Resources ß 5097.97
The Commission may conduct investigations into proposed state actions that may severely and irreparably damage sacred sites. Following a public hearing, the Commission may recommend mitigation measures to the agency overseeing the project. If the agency ignores the recommendations, the Commission may request that the Attorney General intervene with appropriate legal action to avoid severe and irreparable damage to Native American sacred sites.
Inventory of Native American remains, Health & Safety ß 8013
Any agency or museum with collections of Native American human remains and associated funerary objects must complete an inventory that (1) identifies geographical location, state cultural affiliation, and circumstances of acquisition; (2) list the items that are identifiable with a cultural affiliation; and (3) list the items that are reasonably identifiable with a cultural affiliation. The agency or museum also must summarize funerary and sacred objects not associated with human remains. A California tribe may request additional documentation from the agency or museum. The inventory must be given to the Repatriation Oversight Commission within 90 days of its completion. The requirements of this section must be met regardless of an agency or museumís obligations under NAGPRA. If no Native American items are found in an agency or museumís collection, it must certify such in a letter to the Commission. The agency or museum is responsible for updating its inventory and provided those updates to the Commission.
Repatriation requests, Health & Safety ß 8014
A tribe may request the return of human remains and cultural items by filing a written request with the Repatriation Oversight Commission and by providing evidence that the items are actually culturally affiliated with the tribe making the request for return.
Duties of commission, Health & Safety ß 8015
When the Commission receives a repatriation request, it forwards the request to the agency or museum and publishes it on its website for 30 days. If the items requested are not under dispute and all paperwork is in order, the agency or museum must return the item within 90 days of the request being published by the Commission.
Multiple repatriation requests, Health & Safety ß 8016
The Commission will notify all parties when multiple repatriation requests are submitted for the same item, or when a dispute arises between a requesting party and the agency or museum. If all relevant criteria are met, the agency or museum must return the requested remains or artifacts. However, in the event of a dispute, the Commission will follow standard mediation practices. If the parties cannot settle their dispute, the Commission or a certified mediator will mediate the dispute. The Commission or mediator reviews all complaints and evidence submitted by the parties and holds a mediation session within 20 days of receipt of responses from each side to the complaints. 7 days after the session, the mediator will deliver her decision. If the dispute cannot be resolved through mediation, the Commission will render a final decision. Appeals to the Commissionís decision must be filed in court within 30 days after the decision is made.
Committees or groups authorized to accept items, Health & Safety ß 8017
Repatriated items may be given to a committee or group of tribes authorized by their tribal governments to accept the items.
Liability for claims, Health & Safety ß 8018
Any agency or museum that repatriates an item in good faith is not liable for claims against it. No action may be brought by the state or another entity if the agency or museum complied with the repatriation laws.
Relinquishment of control, Health & Safety ß 8019
An Indian tribe or group may expressly relinquish control over any human remains or cultural items.
Mediation sessions, Health & Safety ß 8020
Mediations of repatriation disputes may be closed to the public to protect information necessary for a determination of repatriation.
Appeal by either party, Health & Safety ß 8021
If a party in a repatriation dispute files an appeal, the decision of the Commission or mediator is automatically stayed.
Repatriation Oversight Commission, Health & Safety ß 8025
The Repatriation Oversight Commission is composed of 10 members, 6 from federally-recognized tribes, 1 from a state agency, 1 nominated by the University of California, 1 nominated by the California Association of Museums, and 1 from a non-federally-recognized tribe.
Meetings and duties, Health & Safety ß 8026
The Commissionís duties include the following: ordering repatriation of human remains and cultural items; establishing mediation procedures; administering the budget; managing a website; advise tribes and state agencies; prepare an annual report; report noncompliance with NAGPRA; and impose civil penalties against agencies and museums that violate repatriation requirements.
Compensation, reimbursement, and chairperson, Health & Safety ß 8027
Commission members cannot receive a salary, but may be reimbursed for expenses incurred during the performance of their duties. The members elect the Commission chairperson.
Terms and vacancies, Health & Safety ß 8028
Member terms are 3 years and no member may serve more than 2 consecutive terms. In the event of a vacancy, the replacement is named by the constituency that was represented by the exiting member and will only serve for the remainder of the exiting memberís term.
Failure to comply, Health & Safety ß 8029
Any agency or museum that fails to comply with the repatriation procedures may be fined a maximum of $20,000 for each violation. Factors considered in assessing the penalty are the archaeological, historical, and commercial value of the item involved, the cultural and spiritual significance of the item, the damages suffered, and the number of violations that occurred. If the agency or museum fails to pay, the Attorney General may initiate a civil action in court to collect the money. Actions in good faith to comply with NAGPRA are exempt from a civil penalty.
-
How are Indian sacred sites regulated?
Inventory of sacred places, Public Resources ß 5097.96
The Commission may create an inventory of sacred places located on public lands and review existing protections for these sacred places.
Investigations and hearings, Public Resources ß 5097.97
The Commission may conduct investigations into proposed state actions that may severely and irreparably damage sacred sites. Following a public hearing, the Commission may recommend mitigation measures to the agency overseeing the project. If the agency ignores the recommendations, the Commission may request that the Attorney General intervene with appropriate legal action to avoid severe and irreparable damage to Native American sacred sites.
-
Is there a state Indian Affairs Commission or equivalent?
Yes, it is called the Native American Heritage Commission.
-
How is the state Indian Affairs Commission or equivalent composed?
Membership, Public Resources ß 5097.92
At least 5 of the 9 members must be elders, traditional people, or spiritual leaders of California Native American tribes who have been nominated by Native American organizations, tribes, and groups. The governor appoints the executive secretary of the Commission.
Compensation and expenses, Public Resources ß 5097.93
The Commission members are not compensated, but may be reimbursed for expenses incurred while performing their duties.
-
What are the powers and duties of the state Indian Affairs Commission?
Powers and duties, Public Resources ß 5097.94
Cooperation of state and local agencies, Public Resources ß 5097.95
State and local agencies must cooperate with the Commission to assist it in performing its duties.
Inventory of sacred places, Public Resources ß 5097.96
The Commission may create an inventory of sacred places located on public lands and review existing protections for these sacred places.
Investigations and hearings, Public Resources ß 5097.97
The Commission may conduct investigations into proposed state actions that may severely and irreparably damage sacred sites. Following a public hearing, the Commission may recommend mitigation measures to the agency overseeing the project. If the agency ignores the recommendations, the Commission may request that the Attorney General intervene with appropriate legal action to avoid severe and irreparable damage to Native American sacred sites.
-
Is there a state Indian cultural heritage commission?
Yes, see the Native American Heritage Commission above.
-
-
Special Funding
-
What special funding sources are there for state recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
-
-
<![if !supportFootnotes]>[1]<![endif]> All citations refer to the California State Code (2009), which can be accessed in its entirety at http://www.leginfo.ca.gov/calaw.html.
Legal Disclaimer
All information on this website is provided for educational, informational and referential purposes only. The contents of this website are meant to serve as a guide and do not constitute legal advice. Every effort has been made to make the contents complete, accurate, and up-to-date. However, there may be both typographical errors and mistakes in content. The information contained in the website includes laws from 50 states and the District of Columbia. States and DC update their official laws at different times, and at different intervals. Always check the official published state legislation. If you think that you may be involved with a violation of the laws contained on the website, consult your attorney for specific legal advice.