Report 2019-047 Recommendation 4 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 #4 To: University of California

To ensure that tribal perspectives are appropriately represented in repatriation decisions, the Office of the President should ensure that membership of campus and systemwide committees complies with state law by including appropriate tribal representation no later than November 2020.

Annual Follow-Up Agency Response From October 2022

After receiving nominations from the Native American Heritage Commission (NAHC), UCOP and campuses appointed committee members (half Tribal and half UC, in accordance with CalNAGPRA). Inaugural systemwide and campus committee meetings occurred between September and November 2021.

We note the degrees/areas of professional focus for some members do not quite match the requirements in CalNAGPRA. However, given their relevant experience and nomination by the NAHC, UC concurred with the NAHC nominations.

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

Annual Follow-Up Agency Response From October 2021

NAHC provided the nominees for the UC committees on June 24, 2021, and UC requested background information on the nominees on July 20, 2021.

As of October 1, 2021, all NAHC nominees for voting members have confirmed their willingness to serve. We are collecting campus candidates and requesting NAHC nominations for the nonvoting members of the systemwide committee. UC expects to appoint and convene the systemwide committee by November 2021.

All six campuses with known collections subject to CalNAGPRA have issued appointment letters to the NAHC nominated campus committee members. We note there were five members whose degrees/areas of professional focus did not quite match the requirements in CalNAGPRA. However, given their relevant experience and nomination by the NAHC, UC deemed it appropriate to accept the NAHC nominations.

Three campuses (Berkeley, Los Angeles, and San Diego) have held initial welcome meetings of their newly constituted committees, and are planning additional meetings. Three additional campuses (Davis, Riverside and Santa Barbara) are planning to hold their first committee meeting in October.

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

1-Year Agency Response

Due to the unfortunate loss of several elders in late 2020, NAHC canceled its January 15, 2021 meeting and rescheduled it to February 24, 2021. At that meeting, NAHC reported it was unable to provide nominations to UC for the systemwide or campus committees due to insufficient pools of qualified candidates, and extended the nomination period through mid-March 2021. NAHC reported at its April 16, 2021 meeting that it was still not yet ready to provide nominations to UC for the systemwide or campus committees, but that a special meeting would be scheduled to approve the submission of nominees for some priority UC campuses. NAHC will continue to accept nominations for UC committees on an ongoing basis.

At this time, we have not received information confirming when this meeting will occur, or when (and for which campuses) UC will receive nominations following this meeting. However, UC expects to appoint each committee within one month of the meeting at which NAHC approves nominations for that committee.

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

6-Month Agency Response

As last reported, UC requested nominations for its committees on June 19, 2020. NAHC released its invitation for nominations (http://nahc.ca.gov/calnagpra/nominate/) on November 2, 2020. UC informed all tribes and the UC NAGPRA administrators of the NAHC open nomination period, which closes December 18, 2020. NAHC informed UC that it would review the nominations and submit its list to the full Commission at its January 15, 2021 meeting, after which it will present the list to UC. UC then expects to make selections for all UC committees by February 15, 2021.

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

60-Day Agency Response

On June 19, 2020, UCOP sent a request to the NAHC for the nominations of individuals who meet CalNAGPRA requirements for both the UC and the tribal membership on campus and systemwide committee. We have not yet received these nominations from the NAHC. In addition, UCOP solicited, and has received, nominations of individuals who meet CalNAGPRA requirements for the UC membership on campus and systemwide committees from the UC administration and Academic Senate. UC will submit the UC recommendations to the NAHC once they open up their process for seeking nominations. Since CalNAGPRA specifies that UC is to appoint members to its committees upon nomination by the NAHC, UC is awaiting the NAHC's response. We understand that one reason for the delay may be that NAHC was waiting for CalNAGPRA's definition of "California Indian Tribe" to be amended (since that definition affects which members of non-federally recognized California tribes are eligible to serve on UC committees, under CalNAGPRA). AB275 would amend the definition, and will become law presuming that Governor Newsom signs the bill by October 2020. If NAHC provides nominations by November 2020, UC will reconstitute its committees by December 2020.

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

All Recommendations in 2019-047

Agency responses received are posted verbatim.