Frequently Asked Questions about NAGPRA, CalNAGPRA, and the University of California

The University of California (UC) is committed to the repatriation of Native American human remains and cultural items in accordance with the federal Native American Graves Protection and Repatriation Act (NAGPRA), its accompanying regulations, and CalNAGPRA. Updates on UC’s repatriation status can be found on the University’s dashboard. The following is a compilation of Frequently Asked Questions (FAQs) about UC’s NAGPRA process.

Frequently Asked Questions

Q. What is NAGPRA?

A. The Native American Graves Protection and Repatriation Act (NAGPRA) is federal legislation passed in 1990 requiring the return of Native American and Native Hawaiian human remains and cultural items to lineal descendants and culturally affiliated tribes. NAGPRA only allows repatriation to or via federally recognized tribes.

Q. How is CalNAGPRA different from NAGPRA?

A. CalNAGPRA is a State of California-specific law passed in 2001 requiring all California agencies and museums that receive state funds, including colleges and universities, to provide a process for identification and return of Native American human remains and cultural items to California Indian Tribes, including both those that are federally recognized and those that are not. CalNAGPRA adopts most of the NAGPRA definitions. In cases of a conflict between provisions, Federal law takes precedence over state law.

Q. What qualifies for repatriation under NAGPRA and CalNAGPRA?

A: Native American / Native Hawaiian human remains and cultural items are subject to repatriation. There are four categories of cultural items defined by NAGPRA. They are associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony.

Q. What is UC’s policy on repatriation?

A: The University of California (UC) is committed to the repatriation of Native American human remains and cultural items in accordance with the federal Native American Graves Protection and Repatriation Act (NAGPRA), its accompanying regulations, and CalNAGPRA. The UC Native American Cultural Affiliation and Repatriation Policy (PDF) aims to increase and achieve the repatriation of Native American and Native Hawaiian human remains and cultural items as expeditiously and respectfully as possible.

Q. What does repatriation mean?

A: As it pertains to NAGPRA, repatriation is relinquishing possession or control of Native American / Native Hawaiian human remains or cultural items to a lineal descendant, Native American tribe, or Native Hawaiian organization.

Q. What does the repatriation process look like for UC? 

A: UC’s approach to repatriation is to engage in meaningful tribal consultation and honor tribal preferences throughout the repatriation process. Meaningful consultations are not simple one-off meetings, but involve fostering relationships with each tribe built on trust and respect. For more information on how UC conducts consultation and repatriation, see the UC Native American Cultural Affiliation and Repatriation Policy (PDF), UC flowcharts, or contact campus Repatriation Coordinators. For step-by-step information on the repatriation process, see National NAGPRA’s Steps to Repatriation (PDF).

Q. What steps are being taken to accelerate repatriation efforts?

A: UC is committed to accomplishing repatriation both expeditiously and respectfully, which means proceeding according to tribal preferences and priorities. Unless otherwise requested by a tribe, UC has set a goal to complete updates to inventories of human remains and associated funerary objects by 2028. UC will also be devoting additional resources to ensure UC’s readiness to consult on all potential cultural items by 2028. However, UC welcomes consultation requests at any time.

UC defers to tribal traditional knowledge in identifying cultural items subject to repatriation. To facilitate smooth and efficient consultation, UC must prepare all documentation that will enable tribes to make these determinations. Preparations may include reviewing all known information, researching provenience and provenance, and readying documentation for tribal review (e.g. creating and correcting database entries, digitizing records, or collating information for each collection). Preparations will not include physical handling or analysis of collections. UC aims to complete all pre-consultation work for all collections by 2028.

To date, UC has repatriated 6,005 human remains, 173,468 associated funerary objects, 17,617 unassociated funerary objects, 1,712 sacred objects, and 31,522 objects of cultural patrimony. See the UC Repatriation Dashboard for more information.

Q. As an educational institution, how can UC contribute to the repatriation field?

A: UC recognizes that the process of repatriation relies on both consultation with tribes and expertise in certain related fields, such as Archaeology, Anthropology, Native American Studies, Ethnic Studies, Law, Sociology, Environmental Studies, or History, with a focus in California.  Indeed, the law requires that UC and CSU NAGPRA committees be comprised of tribal members and university members with deep experience and graduate degrees in one of the fields above. UC is exploring ways that the University can help train more experts who will be qualified to participate in repatriation across California, whose many museums, transit systems, and other entities are responsible for responding to NAGPRA/CalNAGPRA.