FAQ and Answers
Who does CalNAGPRA apply to?
CalNAGPRA applies to any state agency or museum that receives state funds that has possession or control of California Native American human remains and associated funerary objects, unassociated funerary objects, sacred objects, or objects of cultural patrimony. Cal. Health & Saf. Code, §§ 8012, subd. (i), 8013.
Under CalNAGPRA, “Agency” means a division, department, bureau, commission, board, council, city, county, city and county, district, or other political subdivision of the state. Cal. Health & Saf. Code, § 8012, subd. (a).
“Museum” means an agency, museum, person, or entity, including a higher educational institution, that receives state funds. For CalNAGPRA purposes, “receives states funds” means that the museum has received funds after January 1, 2002, from a state agency through a grant, loan, or contract, other than a procurement contract, or other arrangement by which a state agency makes available aid in the form of funds. State funds provided for any purpose to a larger entity of which the museum is a part of are considered as the museum receiving those funds for the purposes of CalNAGPRA.
Can CalNAGPRA apply if federal NAGPRA applies?
CalNAGPRA can apply to collections also subject to federal NAGPRA in circumstances where institutions receive both federal and state funding.
Can the Native American Heritage Commission extend the deadlines created by CalNAGPRA?
The deadlines in the statute were set by the legislature and it is not within the Commission’s purview to alter them.
What format should the inventories and summaries be submitted in?
The Commission has developed a standardized format for inventories and summaries, available here.
Where should the inventories and summaries be submitted?
The Commission has developed a website specifically for the submission of inventories and summaries that is available here. As referenced above, the standardized format for inventories and summaries, as well as guidance documents, are available here.
What are the consultation requirements under CalNAGPRA?
AB 275 requires consultation with California Indian tribes during the creation of the preliminary inventories and summaries and after submission to the Commission. CalNAGPRA’s consultation requirements are further described here.
“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. Consultation between agencies or museums and California Indian tribes shall be conducted in a manner that is respectful of tribal sovereignty. Consultation also shall recognize the tribes’ potential need for confidentiality with respect to tribal traditional knowledge and all tribal information shared during the consultation. Cal. Health & Saf. Code, § 8012, subd. (e).
Are there CalNAGPRA Regulations?
The Commission is currently drafting CalNAGPRA regulations. Further information will be forthcoming.