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NAGPRA
The Native American Graves Protection and Repatriation Act (NAGPRA) and the California Native American Graves Protection and Repatriation Act (CalNAGPRA) are federal and state laws that require agencies and museums that receive federal and state funding to repatriate Native American human remains and cultural items in their collections.
Laws, Regulations, and Policies
The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law enacted in 1990 and implemented in 1995 (CFR Title 43, Subtitle A, Part 10). Federal NAGPRA established requirements and processes for federally-funded agencies and museums to repatriate Native American human remains and cultural items in their collections. The law also established processes for how to address new discoveries on federal or (federally-recognized) tribal lands after 1990. In 2023, the federal regulations were revised to clarify points of confusion and provide new timelines for compliance.
NAGPRA pertains to the following, as defined in CFR Title 43, Subtitle A, Part 10:
- "Human remains means any physical part of the body of a Native American individual...
- Funerary object means any object reasonably believed to have been placed intentionally with or near human remains. A funerary object is any object connected, either at the time of death or later, to a death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization... Funerary objects are either...
- Associated funerary object[s] mean[ing] any funerary object related to human remains that were removed and the location of the human remains is known. Any object made exclusively for burial purposes or to contain human remains is always an associated funerary object regardless of the physical location or existence of any related human remains.
- Unassociated funerary object[s] mean[ing] any funerary object that is not an associated funerary object and is identified by a preponderance of the evidence as one or more of the following:
- Related to human remains but the human remains were not removed, or the location of the human remains is unknown,
- Related to specific individuals or families,
- Removed from a specific burial site of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization, or
- Removed from a specific area where a burial site of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization is known to have existed, but the burial site is no longer extant...
- Sacred object means a specific ceremonial object needed by a traditional religious leader for present-day adherents to practice traditional Native American religion, according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization...
- Object of cultural patrimony means an object that has ongoing historical, traditional, or cultural importance central to a Native American group... according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization. An object of cultural patrimony may have been entrusted to a caretaker, along with the authority to confer that responsibility to another caretaker. The object must be reasonably identified as being of such importance central to the group that it:
- Cannot or could not be alienated, appropriated, or conveyed by any person, including its caretaker, regardless of whether the person is a member of the group, and
- Must have been considered inalienable by the group at the time the object was separated from the group."
Please see CFR Title 43, Subtitle A, Part 10 for unabbreviated definitions.
NAGPRA does not apply to human remains, associated funerary objects, unassociated funerary objects, sacred objects, or objects of cultural patrimony “...obtained with the voluntary consent of a person or group that had authority of alienation…” (Title 43, Subtitle A, Part 10).
The terms inventory and summary are used in specific ways that are important for understanding NAGPRA (and subsequent CalNAGPRA) protocols:
- "Summary means a written description of a holding or collection that may contain an unassociated funerary object, sacred object, or object of cultural patrimony.” (Title 43, Subtitle A, Part 10).
- "Inventory means a simple itemized list of any human remains and associated funerary objects in a holding or collection that incorporates the results of consultation and makes determinations about cultural affiliation.” (Title 43, Subtitle A, Part 10).
The 2023 revisions to the regulations added a Duty of Care requirement that calls for museums and agencies to:
- "Consult with lineal descendants, Indian Tribes, or Native Hawaiian organizations on the appropriate storage, treatment, or handling of human remains or cultural items;
- Make a reasonable and good-faith effort to incorporate and accommodate the Native American traditional knowledge of lineal descendants, Indian Tribes, or Native Hawaiian organizations in the storage, treatment, or handling of human remains or cultural items; and
- Obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations prior to allowing any exhibition of, access to, or research on human remains or cultural items. Research includes, but is not limited to, any study, analysis, examination, or other means of acquiring or preserving information about human remains or cultural items. Research of any kind on human remains or cultural items is not required by the Act or these regulations.” (Title 43, Subtitle A, Part 10).
The 2023 revisions also “…require deference to the Native American traditional knowledge of lineal descendants, Indian Tribes, and Native Hawaiian organizations… [Which is defined as] knowledge philosophies, beliefs, traditions, skills, and practices that are developed embedded, and often safeguarded by or confidential to individual Native Americans, Indian tribes, or the Native Hawaiian Community. Native American traditional knowledge contextualizes relationships between and among people, the places they inhabit, and the broader world around them, covering a wide variety of information, including, but not limited to, cultural, ecological, linguistic, religious, scientific, societal, spiritual, and technical knowledge. Native American traditional knowledge may be, but is not required to be, developed, sustained, and passed through time, often forming part of a cultural or spiritual identity. Native American traditional knowledge is expert opinion.” (Title 43, Subtitle A, Part 10).
In 2001, Assembly Bill (AB) 978 signed into law the California Native American Graves Protection and Repatriation Act (CalNAGPRA). CalNAGPRA expanded federal NAGPRA by requiring state-funded agencies and museums to comply. Provisions centered around consistency with federal NAGPRA while resolving some ambiguities in favor of Native Americans. CalNAGPRA further expanded NAGPRA by defining “California Indian Tribe” to include both federally-recognized Tribes (as per federal NAGPRA) and also included Tribes in California not recognized by the federal government.
In 2020, AB-275 amended CalNAGPRA. Key changes included that it: (1) expanded types of evidence that may be used to establish affiliation to include tribal traditional knowledge (a similar term—Native American traditional knowledge— was added to the federal regulations in 2023); (2) expanded eligibility for Tribes that are not federally recognized; (3) required agencies to consult with Tribes at multiple stages of the process and to gain concurrence with inventories and summaries before they are finalized; and (4) required campuses to create/update an inventory and summary, as applicable, by January 2022 and provide them to the Native American Heritage Commission (NAHC) by April, 2022.
In 2023, AB 389 further amended CalNAGPRA, requiring the California State University (CSU) system, of which Cal Poly Humboldt is part, “comply with various requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items” under CalNAGPRA. AB 389 requires that the CSU system adopt and implement “systemwide policies that, among other things, prohibit the use of any Native American human remains or cultural items for purposes of teaching or research at the California State University while in the possession of a California State University campus or museum.” The amendment also establishes guidelines for the composition of campus CalNAGPRA committees.
In November 2025, the California State University system adopted its Systemwide NAGPRA Policy. The policy establishes consistent standards for repatriation, consultation, and accountability across all CSU campuses, and requires each campus report to the CSU Chancellor's Office on a bi-monthly basis. Developed through extensive consultation with California Native Nations and the Native American Heritage Commission, the policy strengthens compliance with federal NAGPRA and CalNAGPRA, prohibits the use of ancestors or cultural items in teaching and research, and requires campuses to maintain dedicated NAGPRA staff, conduct proactive reviews of their holdings, and participate in systemwide and campus-level NAGPRA committees.
NAGPRA, CalNAGPRA and Cal Poly Humboldt
An initial review of the collections housed in the Anthropology Department was conducted between 2020-2022, at which time it was estimated that the collections were composed of 23,079 cultural items, including: stone tools (73 projectile points, 94 simple flake tools, 143 bifaces, 25 formed flaked tools, 40 pieces of groundstone), 221 pieces of faunal (nonhuman animal) bone, and 4,796 shell fragments. The remainder (majority) of the collections are most likely debitage – the byproduct produced during the creation of stone tools.
These collections were generated by past faculty and staff – primarily archaeologists working under the Anthropology Department and the Center for Indian Community Development – both directly and from accepted donations. Collections stemming from archaeological excavations with known history were conducted following applicable laws and in consultation with, and as applicable with consent of, appropriate Tribes. To the knowledge of the Anthropology Department and its Cultural Resources Facility, which worked to ascertain the history of the collections, none were gathered without permission and no requests for repatriation have been denied. However, more work is needed to understand the circumstances surrounding some items, namely those accessioned in the 1980’s and 1990’s by persons now unreachable.
Cal Poly Humboldt unequivocally supports NAGPRA and CalNAGPRA and is committed to ethical and respectful care and culturally appropriate treatment of cultural items. We recognize that historical practices within and related to academia have caused harm. We are committed to the ongoing acknowledgement and repair of this harm. We aim for full transparency and to center consultation with Tribes. It is our goal to achieve the repatriation/disposition of all affiliated items in the collections.
In 2022, a campuswide survey was distributed to all departments requesting that they report any NAGPRA eligible human remains or cultural items in their holdings. No NAGPRA eligible collections were reported outside of the Anthropology Department during this survey. From 2021-2022, faculty and staff in the Anthropology Department and its Cultural Resources Facility worked to catalog everything in the collections, without exception even including small pieces of debitage and fragments of shell. During the 2022 state audit of the California University system, we reported 23,079 cultural items (described above) potentially subject to NAGPRA.
In 2024, to ensure that we had met our obligations under NAGPRA and CalNAGPRA, we initiated a new extensive campuswide survey to ensure that all NAGPRA and CalNAGPRA eligible collections housed outside of Anthropology had been identified. After hiring a full time NAGPRA Coordinator in 2024, we concluded that the majority of the campus community did not have the skill set to identify Native American human remains and cultural items, nor were they qualified to determine NAGPRA/CalNAGPRA eligibility. Therefore, we asked departments to report all human remains and any potential Native American cultural items in their holdings. Over the course of 2025, the NAGPRA Coordinator, in collaboration with the Campus NAGPRA Committee and key experts, conducted a series of prioritized physical searches of various departments to review the results of the campuswide survey and to identify any Native American cultural items or human remains that had previously gone unreported.
Through this process, additional NAGPRA/CalNAGPRA eligible collections were identified, and the number of cultural items was revised from 23,079 to 23,889. We take this as a sign that the survey and physical searches we have been conducting throughout 2024 and 2025 are working, and we are taking the necessary steps to ensure that we are in full compliance with state and federal laws. Physical searches of the campus will continue to ensure that if there are any other Native American cultural items or human remains held at Cal Poly Humboldt they are identified and repatriated.
Collections that are potentially subject to NAGPRA and CalNAGPRA are not used for research or teaching and are kept in secure climate-controlled facilities. All Tribes are welcome to visit our facilities, and we have funding to support visits.
In Spring 2023, Cal Poly Humboldt began to reach out to Tribes with cultural affiliation to the collections in order to initiate consultation.
In the latter half of 2023, we focused on searching for a full-time NAGPRA coordinator to lead NAGPRA efforts - the full-time coordinator, Megan Watson, began January 2024. Interim coordinators from Anthropology at the Cultural Resources Facility had held the position since January 2022.
In 2024, efforts were focused on broadly engaging Tribes in efforts to document and repatriate the collections. Updated summaries were submitted to the Native American Heritage Commission (NAHC) per CalNAGPRA, as well as the National Parks Service per federal NAGPRA.
As of Fall 2025, Cal Poly Humboldt has repatriated 9,241 cultural items (approximately 39% of the campus' total collections) and is in the process of repatriating another 176 cultural items.
Cal Poly Humboldt’s newly established Campus NAGPRA Committee is helping to guide implementation of the systemwide policy locally, support ongoing consultation with Tribal Nations, and ensure that repatriation work is carried out with transparency, respect, and Tribal leadership at the center.
Seeking Members for the Campus NAGPRA Committee
On behalf of the Native American Heritage Commission (NAHC), the California State University (CSU) is soliciting and accepting applications for the campus-based NAGPRA Implementation and Oversight Committee for Cal Poly Humboldt. The committee provides oversight and guidance for the development and implementation of Campus CalNAGPRA and NAGPRA compliance.
Interested in Consultation?
Fill out the consultation request form to start the process.
We acknowledge that Cal Poly Humboldt is located on the unceded lands of the Wiyot people, where they have resided from time immemorial. We encourage all to gain a deeper understanding of their history and thriving culture. As an expression of our gratitude we are genuinely committed to developing trusting, reciprocal, and long lasting partnerships with the Wiyot people as well as all of our neighboring tribes.