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OLR Bill Analysis
HB 6203
AN ACT EXEMPTING CERTAIN RECORDS CONCERNING NATIVE
AMERICAN CULTURAL KNOWLEDGE FROM PUBLIC
DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
SUMMARY
This bill exempts certain records of traditional cultural knowledge
submitted to a public agency by a member, representative, or lineal
descendant of a tribal nation from being (1) deemed a public record
and (2) subject to disclosure under the Freedom of Information Act
(FOIA). The exemption applies to any of these records submitted as
part of the consultation process to determine cultural affiliation under
the federal Native American Graves Protection and Repatriation Act
(NAGPRA) and its implementing regulations.
Under the bill, a “tribal nation” is an Indian tribe or Native
Hawaiian organization, as defined under NAGPRA, or a tribe
recognized by one or more state governments. “Records of traditional
cultural knowledge” are records with information central to a
community’s cultural and social identity, such as religious rites and
rituals, location of sacred sites, kinship membership statistics, and oral
histories and traditions.
EFFECTIVE DATE: October 1, 2021
BACKGROUND
Native American Graves Protection and Repatriation Act
NAGPRA requires federal agencies and institutions that receive
federal funds (e.g., museums, universities, state agencies, and local
governments) to return or transfer Native American human
remains and other cultural items to the appropriate parties by:
1. consulting with lineal descendants, Indian Tribes, and Native
Hawaiian organizations; 2021HB-06203-R000468-BA.DOCX
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2. protecting and planning for human remains and other cultural
items that may be removed from federal or tribal lands;
3. identifying and reporting human remains and other cultural
items in inventories and summaries of holdings or collections;
and
4. giving notice before returning or transferring human remains
and other cultural items (25 U.S.C. § 3001 et seq.)
Public Agency
Generally, under FOIA, a public agency is any (1) state, municipal,
regional, or quasi-public agency or (2) entity that is the functional
equivalent of these agencies (CGS § 1-200(1)).
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 18 Nay 0 (03/29/2021)