Draft CalNAGPRA Enforcement Regulations
On May 9, 2025, the Native American Heritage Commission (NAHC) approved draft regulations for the enforcement of the California Native American Graves Protection and Repatriation Act (CalNAGPRA), releasing them to the Tribal community for a 90-day comment and consultation period, ending August 11, 2025. These draft regulations implement those provisions found in California Health & Safety Code section 8029 which allows the NAHC to impose civil penalties up to the amount of $20,000 for violations of CalNAGPRA. The draft regulations provide that enforcement of CalNAGPRA will be pursued in instances where an institution in possession or control of Native American human remains or cultural items does not receive federal funds and therefore is subject only to state law. In the alternative, enforcement provisions of CalNAGPRA will be pursued when those who are subject to the Native American Graves Protection and Repatriation Act (NAGPRA) are not taking actions determined to be in good faith compliance with federal law, as is determined by the NAGPRA program manager.
During the 90-day tribal comment and consultation period, the NAHC conducted two virtual listening sessions and engaged in individual consultation with one tribe. Comments received during these listening sessions and consultations as well as written comments provided by three tribes were compiled and reviewed. Based on the comments received, the Commission revised the draft regulations. On October 10, 2025, the Commission voted to send the revised draft regulations out for an additional 30-day tribal comment and consultation period.
Draft Regulations and Related Materials
Overview of revisions to May 9, 2025, draft regulations
Red-line comparison of May 9, 2025, draft to current draft
Summary and response to comments received on May 9, 2025, draft regulations
Prior Drafts
Draft CalNAGPRA Enforcement Regulations as of April 25, 2025