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.