Draft CalNAGPRA Mediation and Dispute Resolution Regulations

CalNAGPRA Mediation and Dispute Resolution Regulations

Tribal Consultation

In August 2021, the NAHC began tribal pre-consultation on the development of regulations for mediation and dispute resolution under the California Native American Graves Protection and Repatriation Act. Based on feedback received during the pre-consultation period, draft regulations were created and on February 7, 2022, the NAHC released the draft regulations to the tribal community, initiating a 45-day tribal comment and consultation period. In response to comments received, the draft regulations were revised and on January 19, 2024, the NAHC voted to send the updated draft mediation and dispute resolution regulations out for a second round of tribal comment and consultation which ended on March 29, 2024. Based on comments received from tribes during the two virtual roundtable discussions and in written format, the draft regulations were revised. After incorporating tribal comments received during the 60-day review period, on October 18, 2024, the Commission released a final draft of these regulations. Public comments on the final draft were accepted for 45 days during which time a total of five tribes participated in either individual tribal consultation or the virtual roundtable session held on November 20, 2024. In addition to comments captured during the virtual roundtable session, the NAHC received a total of three written comments from tribes.

Based on input received, the Draft Mediation and Dispute Resolution Regulations were finalized and approved at the January 17, 2025, Commission meeting to begin the Rulemaking Process set forth in the Administrative Procedure Act (APA). Additional information on the Rulemaking Process may be found on the Office of Administrative Law’s webpage.

Draft Regulations and Related Materials

Final Draft Regulations
Overview of revisions to October 18, 2024, draft regulations
Red-line comparison of October 18, 2024, draft to current regulations
Summary and Response to comments received on October 18, 2024, draft regulations

Prior Drafts and Related Materials

October 18, 2024, draft regulations
Overview of revisions to January 19, 2024, draft regulations
Red-line comparison of January 19, 2024, draft to current regulations
Response to comments received on January 19, 2024, draft regulations
February 7, 2022, draft regulations
Summary of tribal comments on February 7, 2022, draft regulations
January 19, 2024, draft regulations
Summary of tribal comments on January 19, 2024, draft regulations
Overview of Changes from February 7, 2022, to January 19, 2024, Draft Regulations