570.4.
(a) A CIHC support organization shall meet all of the following requirements:
(1) Be exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2) Comply with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).
(3) Not be a state agency or body.
(4) Not directly manage state capital outlay projects.
(b) The department may enter into an agreement with a CIHC support organization to achieve all of the following purposes:
(1) To partner in the operation and programming of the CIHC to achieve the collective mission of establishing partnerships with California Native American tribes.
(2) To recruit, hire, and retain more diversity of CIHC staff with personal experience and knowledge of California Native American culture and history.
(3) To enter into staff-sharing agreements to use essential skills and abilities of state and nonstate employees, subject to all of the following requirements:
(A) State employees shall not be paid or otherwise compensated directly by the CIHC support organization.
(B) State employees shall not be directly supervised or managed by employees of the CIHC support organization.
(C) All staff-sharing agreements shall include conflict-of-interest provisions for state employees that clearly outline roles and responsibilities to support ethical conduct, trust, and transparency.
(4) To develop and engage new sources of nonstate public and private funding for the support of the CIHC, including donations and fundraising efforts, when appropriate.
(5) To apply for, receive, and expend state funds in support of the CIHC.
(6) To support ongoing capital improvement projects managed by the department.
(7) To provide financial stability and ethical integrity through oversight and accountability.
(8) To support marketing and communications activities that promote the programs, amenities, and resources of the CIHC.
(9) To support projects and programs that facilitate access and visitation and enhance educational opportunities, especially for young and more diverse audiences.
(10) To establish, improve, and support the completion of projects that establish or improve CIHC visitor amenities and facilities.
(c) (1) The CIHC support organization shall be led by a chief executive officer who shall report to the board established pursuant to paragraph (2).
(2) (A) The CIHC support organization shall be overseen by a board. The board shall consist of no more than 25 members, with at least 51 percent of the board’s members representing California Native American tribes.
(B) In addition to the members appointed pursuant to subparagraph (A), the following may serve as ex officio, nonvoting members of the board to assist in providing effective communication and coordination of efforts between the department and the CIHC support organization.
(i) The Director of the Department of Parks and Recreation, or the director’s designee.
(ii) The Director of Finance, or the director’s designee.
(iii) The Tribal Affairs Secretary who leads the Governor’s Office of Tribal Affairs, or the secretary’s designee.
(d) The CIHC support organization’s charter and articles of incorporation, as approved by the California Indian Heritage Center task force established pursuant to Executive Order B-60-18 issued on December 20, 2018, shall set forth all other organizational terms of the CIHC support organization and the board not provided in this article, including, but not limited to, the selection of the board’s members, organizational structures, responsibilities, terms of office, board member roles, meeting requirements, and other core governance details. The board may subsequently amend the CIHC support organization’s charter and articles of incorporation by majority vote.
570.6.
(a) In order to advance the purposes described in subdivision (b) of Section 570.4, an agreement between the department and the CIHC support organization pursuant to Section 570.4 shall, at a minimum, include all of the following:
(1) Clear goals and objectives.
(2) Any commitments of oversight, staffing, and coordination that may be needed to accomplish the goals and objectives.
(3) A requirement that the department and the CIHC support organization annually hold a joint public meeting regarding the operation of the CIHC and the activities of the CIHC support organization.
(b) (1) The department may develop and enter into supplementary agreements with the CIHC support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects for the CIHC. These agreements may include, but are not limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property.
(2) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects.
(3) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of the CIHC support organization for the CIHC on property owned by the state pursuant to this subdivision shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(c) The Department of Finance shall have 60 days to review and approve or disapprove any agreement, or substantial amendment to an agreement, proposed under subdivision (a). Upon approval of the agreement or substantial amendment, the director may enter into supplementary agreements as authorized under subdivision (b).