Senate Governmental Organization Committee
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Senate Governmental Organization Committee
DRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committeection and Repatriation Act (NAGPRA) Compliance Unit in the Phoebe Hearst Museum of AnthropologyFebruary 26, 2008 State Capitol Building, Room 3191 Sacramento, CaliforniaSENATOR DEAN FLOREZ: ...go ahead and begin the review of u.c. Berkeley’s Reorganization of Native American Graves Protection and Re Senate Governmental Organization Committeepatriation Act. NAGPRA is what we’ll be calling it for this purpose of this hearing. I do want to say that I very much appreciate everyone being hereSenate Governmental Organization Committee
today. I do know that Senator Steinberg should be joining us somewhere in this hearing. I know he's chairing the Natural Resources Committee, as well.DRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committees that need to be heard that are somewhat long overdue. And the goal of the hearing is to make sure that we have a good discussion in public on the record, and that we ascertain some facts and try to get to some decisions today as to how we’re going to communicate going forward.I can tell you that f Senate Governmental Organization Committeerom my point of view there is an opportunity here to talk about the reorganization issue at Berkeley. Not only to talk about it, to hopefully also getSenate Governmental Organization Committee
to the issue of, if you will, the reorganization and talk about how voices are going to be heard in this reorganization. My viewpoint at this point iDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committeebout. And I want to make sure that everyone understands it is a bitunfortunate that the Legislature has to step in in these cases to get people's views on the record and to simply have a discussion.But. we welcome it. I think discussions are always positive when they're in public. I think ultimately Senate Governmental Organization Committee it’s important, because when commitments are made, they’re made on the record, they're made on a transcript, and, hopefully, we can then move from heSenate Governmental Organization Committee
re. The ultimate goal, hopefully, is to make sure that we reestablish some trust at the end of this to make sure that we move forward with discussionsDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committee in terms of what we're very interested in moving forward with.I can tell you that if we do not have more communication moving forward, we will call for an independent investigation on this. We will ask our state Auditor and others to look into this program. And then we will proceed on in a much mor Senate Governmental Organization Committeee forceful manner in terms of making sure that these issues are taken care of and very much would, I very much, at this point in time, feel that hopefSenate Governmental Organization Committee
ully that isn't needed.So with that, let's ago ahead and if we could, begin the hearing. We'd like to have Carole Goldberg, who is a faculty member atDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committeeat there’s going to be an opportunity for US to pause this hearing when I get the requisite amount to vote on bills. So I just want to make sure that everyone understands that there’s total respect in the room, but I am going to pause, no matter who's up, to make sure we vote on our bills, do our bu Senate Governmental Organization Committeesiness, so the members of this committee can continue on with their day. It's a very busy day in the Senate. There’s a lot of committee hearings goingSenate Governmental Organization Committee
at this point. And when we have that requisite number, we’re going to pause. We're going to hear a bill. We’re going to vote and then we're going to DRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committeehank you for joining US. Very much appreciate it. If you could push your mic just a bit closer, we can all hear you. And you may begin and I obviously have a lot of questions, as well.2MS. CAROLE GOLDBERG: Excellent. Well, my name is Carole Goldberg. I'm professor of law at UCLA where I direct a joi Senate Governmental Organization Committeent degree program in law and American Indian studies. I'm also UCLA's NAGPRA compliance officer, and I serve on the u.c. system wide NAGPRA advisory cSenate Governmental Organization Committee
ommittee.The Native American Graves Protection and Repatriation Act, NAGPRA, is a federal law that was passed in 1990, and I'm going to give some geneDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization CommitteeAmerican human remains and cultural items in the u.c. system after u.c. Berkeley's. The number we have is approximately 2.000, but about a quarter of those are being held for other agencies. And those other agencies, mainly federal and state, are the ones with the NAGPRA compliance obligations.Appro Senate Governmental Organization Committeeximately 10 percent of the collections that are UCLA's are listed as culturally unidentifiable. And I'll explain that term later. My focus today is goSenate Governmental Organization Committee
ing to be on human remains and associated funerary objects. The repatriation process for other cultural items covered by NAGPRA such as sacred objectsDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization CommitteeBut, for human remains and associated funerary objects, step one at UCLA as mandated by NAGPRA is the preparation of an inventory.SENATOR FLOREZ: Let me pause on your comments, if I could.MS. GOLDBERG: SureSENATOR FLOREZ: And so you're going to begin the process by giving us what at this point? What Senate Governmental Organization Committee are you taking US through?MS. GOLDBERG; I'm taking through the repatriation process as it operates at UCLA.SENATOR FLOREZ: Okay, before we get througSenate Governmental Organization Committee
h that process, let me mention what I think the law is on this. And tell me what I'm missing.MS. GOLDBERG; Okay.SENATOR FLOREZ: the law requires the uDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committeeate" encompasses a great deal, and as such—SENATOR FLOREZ: The law also requires the university to make a good faith effort to investigate, adjudicate, and satisfy those claims when justified. Is that fair?MS. GOLDBERG: Yes.SENATOR FLOREZ: The law also, in essence, says that tribes within the struct Senate Governmental Organization Committeeure of their administration and somehow are more than outside claimants. They're part and parcel, I think the law seems to be saying that there’s someSenate Governmental Organization Committee
higher legal standing for tribes in this process. Would you agree with that?MS. GOLDBERG: There is a designated role for tribes throughout the procesDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves Protec Senate Governmental Organization Committeeect?MS. GOLDBERG: Museums are supposed to be documenting what they’re doing all along, and that documentation is to supply the transparency you referred to.SENATOR FLOREZ: Okay. Now that we know what ship we're on, start sailing.MS. GOLDBERG: Okay.SENATOR FLOREZ: I just want to make sure we all had Senate Governmental Organization Committeesome basis for understanding what NAGPRA was. And so as you now you begin the process of it, I just wanted to make sure we understood what lav/ that wSenate Governmental Organization Committee
e’re citing, that we understand it, and with the basis and the reason that we’re here. So thank you very much. Sorry to interrupt you. I just wanted tDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves ProtecDRAFT DRAFT DRAFT DRAFT DRAFTSenate Governmental Organization CommitteeA Review of u.c. Berkeley's Reorganization of the Native American Graves ProtecGọi ngay
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