Terms Used In California Codes > Health and Safety Code > Division 7 > Part 2 > Chapter 5 > Article 2 - State Cultural Affiliation and Repatriation

• Affected property: means any real property that actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. See California Government Code 7260
• Agency: means a division, department, bureau, commission, board, council, city, county, city and county, district, or other political subdivision of the state. See California Health and Safety Code 8012
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appraisal: means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. See California Government Code 7260
• Burial site: means , except for cemeteries and graveyards protected or recognized under another state law, a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were deposited as a part of the death rites or ceremonies of a culture. See California Health and Safety Code 8012
• Business: means any lawful activity, except a farm operation, conducted for any of the following:

  California Government Code 7260

• California Indian tribe: means a tribe located in California to which either of the following applies:

  California Health and Safety Code 8012

• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Commission: means the Native American Heritage Commission established pursuant to §. See California Health and Safety Code 8012
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Comparable replacement dwelling: means any dwelling that is all of the following:

  California Government Code 7260

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consultation: means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, achieving agreement. See California Health and Safety Code 8012
• Contract: A legal written agreement that becomes binding when signed.
• Control: means having ownership of Native American human remains and cultural items sufficient to lawfully permit an agency or museum to treat the object as part of its collection for purposes of this chapter, whether or not the human remains and cultural items are in the physical custody of the agency or museum. See California Health and Safety Code 8012
• County: includes city and county. See California Health and Safety Code 14
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
• Displaced person: means both of the following:

  California Government Code 7260

• Displacing agency: means any public entity or person carrying out a program or project which causes a person to be a displaced person for a public project. See California Government Code 7260
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See California Government Code 7260
• Fiduciary: A trustee, executor, or administrator.
• Inventory: means an itemized list that summarizes the collection of Native American human remains and associated funerary objects in the possession or control of an agency or museum. See California Health and Safety Code 8012
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Museum: means an agency, museum, person, or entity, including a higher educational institution, that receives state funds. See California Health and Safety Code 8012
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any individual, partnership, corporation, limited liability company, or association. See California Government Code 7260
• Possession: means having physical custody of Native American human remains and cultural items with a sufficient legal interest to lawfully treat the human remains and cultural items as part of a collection. See California Health and Safety Code 8012
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Public entity: includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state or any entity acting on behalf of these agencies when acquiring real property, or any interest therein, in any city or county for public use, and any person who has the authority to acquire property by eminent domain under state law. See California Government Code 7260
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable: means fair, proper, rational, and suitable under the circumstances. See California Health and Safety Code 8012
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State aboriginal territory: means lands identified as aboriginally occupied by one or more California Indian tribes. See California Health and Safety Code 8012
• State cultural affiliation: means that there is a reasonable relationship of shared group identity that can reasonably be traced historically or precontact between members of a present-day California Indian tribe and an identifiable earlier tribe or group. See California Health and Safety Code 8012
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Summary: means a document that summarizes the collection of unassociated funerary objects, sacred objects, or objects of cultural patrimony in the possession or control of an agency or museum. See California Health and Safety Code 8012
• Tribal traditional knowledge: means knowledge systems embedded and often safeguarded in the traditional culture of California Indian tribes and lineal descendants, including, but not limited to, knowledge about ancestral territories, cultural affiliation, traditional cultural properties and landscapes, culturescapes, traditional ceremonial and funerary practices, lifeways, customs and traditions, climate, material culture, and subsistence. See California Health and Safety Code 8012