Report 2019-047 Recommendation 2 Responses

Report 2019-047: Native American Graves Protection and Repatriation Act: The University of California Is Not Adequately Overseeing Its Return of Native American Remains and Artifacts (Release Date: June 2020)

Recommendation #2 To: University of California

To ensure that the affiliation, repatriation, and disposition processes are timely and consistent across all campuses as the Legislature intended, the Office of the President should publish its final systemwide NAGPRA policy no later than August 2020.

Annual Follow-Up Agency Response From October 2022

President Michael Drake issued the UC Native American Cultural Affiliation and Repatriation Policy (https://policy.ucop.edu/doc/2500489/NAGPRA) on December 17, 2021, effective January 1, 2022.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From October 2021

UC postponed finalization of the UC Native American Cultural Affiliation and Repatriation Policy to allow tribes more time to submit comments and to incorporate the changes to CalNAGPRA resulting from AB 275. These changes were completed in February 2021. The revised draft UC policy was released for 90-day UC comprehensive review on March 2, 2021. Comments were solicited from UC stakeholders, California Native American communities, and the NAHC through May 2021. Together with the UC Cultural Affiliation & Repatriation Policy Advisory Workgroup we have reviewed the comments received and in response, made final edits to the policy. We are meeting with the NAHC in October 2021, and aim for final issuance by December 2021.

Notwithstanding these delays, UC has made significant progress towards repatriation under the Interim Policy and the revised requirements of CalNAGPRA.

[As previously indicated, the July 24, 2020 interim policy remains in effect, and UC is working with the campus Repatriation Coordinators to implement the provisions of AB 275. In addition, UC met with the NAHC via Zoom on May 18, 2021 to describe the elements that could be available for the Preliminary Summaries and Inventories required by January 2022, and the format in which NAHC will accept these. We are waiting for NAHC to issue the list of elements they will require, and the launch of their system for submission of the preliminary summaries and inventories. We will continue to collaborate with NAHC to exchange information and refine the procedures.]

California State Auditor's Assessment of Annual Follow-Up Status: Pending

1-Year Agency Response

UC postponed finalization of the UC Native American Cultural Affiliation and Repatriation Policy to allow tribes more time to submit comments and to incorporate the changes to CalNAGPRA resulting from AB 275. These changes were completed in February 2021. The revised draft UC policy was released for 90-day UC comprehensive review on March 2, 2021. Comments were solicited from UC stakeholders, California Native American communities, and the NAHC through May 2021. We have scheduled meetings in June 2021 with the UC Cultural Affiliation & Repatriation Policy Advisory Workgroup to review the comments received and make final edits to the policy. We aim for final issuance by July 2021.

As previously indicated, the July 24, 2020 interim policy remains in effect, and UC is working with the campus Repatriation Coordinators to implement the provisions of AB 275. In addition, UC met with the NAHC via Zoom on May 18, 2021 to describe the elements that could be available for the Preliminary Summaries and Inventories required by January 2022, and the format in which NAHC will accept these. We will continue to collaborate with NAHC to exchange information and refine the procedures.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

AB 275, signed by Governor Newsom on September 25, 2020, requires substantive changes and process clarifications. UC met with the Native American Heritage Commission (NAHC) on October 30, 2020 to discuss how NAHC planned to implement this law and how best to incorporate the provisions of AB 275 into the UC policy. UC also arranged for a second meeting on November 9, 2020. While the California Deputy Attorney General (acting as counsel for the NAHC) attended this meeting, neither Commissioner Miranda nor Commissioner Lopez-Keifer, both of whom have been tasked with reviewing the UC policy on behalf of the NAHC, were able to attend. UC has been working on incorporating AB 275 and addressing comments received on the interim policy, however, we need more time to consult with the NAHC and with the tribes prior to finalizing the policy. We expect to engage in these consultations, confer with the UC Cultural Affiliation & Repatriation Policy Advisory Workgroup, and make the final edits to the policy by February 28, 2021. Should these changes require a comprehensive re-review by the UC Academic Senate in accordance with UC's policy on policies, we would release this draft for a 90 review and finalize by July 2021. If UC comprehensive review is not required, we will finalize the policy by March 2021.

In the meantime, the interim policy remains in effect.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Per the NAHC's and Governor's Office request, the policy was issued as interim in order to allow tribes that have not been able to review due to the COVID-19 pandemic additional time to comment. However, the policy is fully in effect and represents a significantly improved repatriation process. We expect to issue the final policy by December 31, 2020.

California State Auditor's Assessment of 60-Day Status: Pending

Until the University of California issues its final policy, we will continue to report this recommendation as pending.

All Recommendations in 2019-047

Agency responses received are posted verbatim.