CalNAGPRA Resources and FAQs

Resources

• CalNAGPRA Database Guidance and Templates
• NAGPRA/CalNAGPRA Integration Flow Charts
• List of Museums in California

FAQs

What is the difference between the Native American Graves Protection and Repatriation Act (NAGPRA) and the California Native American Graves Protection and Repatriation Act (CalNAGPRA)?

NAGPRA requires a federal agency or museum that receives Federal funds, either directly or indirectly and has possession or control of human remains, associated funerary items, unassociated funerary items, sacred objects, or objects of cultural patrimony to return these items to the culturally affiliated federally recognized tribe or Native Hawaiian organization.

CalNAGPRA requires a state agency or museum receiving state funds that are in possession or control of human remains, associated funerary items, unassociated funerary items, sacred objects, or objects of cultural patrimony to return these items to the culturally affiliated California federally recognized or non-federally recognized tribe.

Can a museum or state agency that receives federal funds choose to proceed with repatriation under either NAGPRA or CalNAGPRA?

No, although the Native American Heritage Commission (NAHC) is charged with facilitating repatriation under state law, if an institution that is in possession or control of Native American human remains or cultural items receives Federal funds, either directly or indirectly, repatriation must be conducted under Federal law. However, institutions remain responsible for complying with those provisions of CalNAGPRA that do not conflict with NAGPRA. For information as to how to comply with CalNAGPRA while fulfilling NAGPRA’s requirements, please refer to the NAGPRA/CalNAGPRA integration flow charts available in the link above.

Can a museum or state agency that is subject to NAGPRA repatriate human remains and associated funerary items to non-federally recognized tribes?

No. However, once human remains and associated funerary objects are repatriated to a federally recognized tribe, there is no prohibition in NAGPRA that would foreclose the federally recognized tribe from entering into a repatriation agreement to include transfer of the human remains and associated funerary items to a non-federally recognized tribe. Additionally, if there is no culturally affiliated federally recognized tribe, a museum or state agency may choose to reinter the human remains and associated funerary objects and are not prohibited from working with a non-federally recognized tribe on the reburial.

Can a museum or state agency that is subject to NAGPRA repatriate unassociated funerary items, sacred objects, or objects of cultural patrimony to non-federally recognized tribes?

Yes. If a museum or state agency has unassociated funerary items, sacred objects, or objects of cultural patrimony that have no cultural affiliation to a federally recognized tribe at its discretion it may determine that these items are not subject to NAGPRA and could be repatriated to a non-federally recognized tribe under CalNAGPRA. However, it should be noted that this is not without significant risk that should be discussed with the federal NAGPRA program.

Is a museum or state agency that is subject to NAGPRA required to engage in consultation with non-federally recognized tribes?

Yes. CalNAGPRA requires consultation with both federally recognized and non-federally recognized tribes. However, consultation under CalNAGPRA may not delay any timelines prescribed by NAGPRA or impede the federal process in any way.

If a museum or state agency is subject to NAGPRA, is it still required to provide copies of inventories, summaries, and federal register notices to the Native American Heritage Commission?

Yes. CalNAGPRA requires that these items be provided to the NAHC for inclusion in its CalNAGPRA database which serves as an information clearinghouse for tribes and institutions.