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California Governor Gray Davis Signs First Native American Repatriation Bill Into State Law. Introduced by Assemblyman Darrel Steinberg, AB978 Will Expedite the Return Of Remains and Artifacts From State-Funded Institutions

BARONA INDIAN RESERVATION, CALIFORNIA - After receiving unanimous support in the California State Assembly and State Senate, AB978, the California Native American Graves Protection and Repatriation Act of 2001, became law early Sunday afternoon when Governor Gray Davis signed the historic piece of legislation into law.

The bill, which was introduced by Assemblyman Darrel Steinberg (D-Sacramento) was drafted at the request of Steve Banegas spokesman for the Kumeyaay Cultural Repatriation Committee and member of the Barona Tribal Council, is the first state law governing Native American repatriation. In addition, Banegas provided significant input and expertise into the drafting of this legislation.

"We applaud California Governor Gray Davis for taking this major step toward assisting Native Americans throughout California in protecting and preserving our culture," said Steven Banegas, an elected Tribal Council member for the Barona Band of Mission Indians and Chairman of the Kumeyaay Cultural Repatriation Committee. "This is the first state law governing Native American repatriation and it is a strong first step to right some of the wrongs of the past. Many people are unaware that Native American gravesites were being raided as late as the 1970s. This new law will be another tool we can use to bring our ancestors back to the land where their lives began and finally put their souls to rest."

Banegas, along with the twelve member tribes of the Kumeyaay Cultural Repatriation Committee, has successfully repatriated items belonging to Barona from as far away as the American Museum of Natural History in New York City under the federal Native American Graves Protection Act (NAGPRA). The implementation of the NAGPRA law in 1990 was a move by the Federal government to bring equity for Native Americans regarding their burials and other sacred objects.

In an effort to enhance NAGPRA on a state level, Assemblymen Steinberg convened the first-ever California Assembly hearing on the repatriation of Native American remains last summer (2000). The hearing, which was held on the Barona Indian Reservation in San Diego, was also the first-ever State Assembly hearing to be held on an Indian Reservation.

"Many of California's educational institutions, museums and state agencies hold a large collection of Native American remains and artifacts," said Steinberg. "Through AB 978, we are seeking to provide a seamless and consistent state policy to ensure that Native American remains and artifacts are treated with the dignity and respect they deserve."

Under NAGPRA, federal agencies and recipients of federal funds, such as museums and universities are required to document Native American remains and cultural items within their collections. The law also requires that these agencies notify Native Americans that may be affiliated with the items, and return the items to their descendants.

"Since NAGPRA's passage in 1990, progress towards full compliance with the law has been slow and difficult," said Banegas. "Repatriation is a complex issue. Institutions often cite lack of resources as the reason they are unable to comply in a timely manner, and we believe that having a state law will help to cut through some of the red tape and speed up the process."

AB978 streamlines and adds an accountability step to the repatriation process. Specifically, this bill will:

• Apply California's repatriation policy consistently with NAGPRA provisions.
• Mandate disclosure and return of human skeletal remains and funerary objects by state agencies and museums.
• Provide a mechanism and timeline for which state agencies and institutions must inventory and account for Native American human skeletal remains and funerary objects to Tribal groups, lineal descendants, or other persons establishing cultural affiliation with those human skeletal remains or funerary objects.
• Create the Repatriation Oversight Commission to aid in the repatriation of human skeletal remains and funerary objects in accordance with the law. The Commission would also serve to mediate disputes between California tribes and museums and agencies, as well as disputes arising between Tribes and those entities relating to the disposition of human skeletal remains and funerary objects.

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The Kumeyaay Cultural Repatriation Committee (KCRC) is a not-for-profit confederation formed by the 12 Tribes of the Kumeyaay Nation to deal with repatriation of human remains, artifacts and objects of cultural patrimony. The committee's mission is to preserve and protect ancestral remains, sacred lands and sacred objects under NAGPRA for today and future generations. By uniting to facilitate the application of NAGPRA as a single organization, the KCRC has been able to repatriate the remains of over 80 individuals of Kumeyaay descent and over 2,000 items of cultural patrimony, as well as to educate the public about the need for repatriation. The committee also supports other Tribes in organizing at the national and state levels to facilitate the repatriation process.