Report 2022-107 Recommendation 3 Responses

Report 2022-107: Native American Graves Protection and Repatriation Act: The California State University Must Do More to Ensure the Timely Return of Native American Remains and Cultural Items to Tribes (Release Date: June 2023)

Recommendation #3 To: University, California State

To provide campuses with the guidance and best practices necessary for effectively complying with NAGPRA and CalNAGPRA, the Chancellor's Office should issue a systemwide NAGPRA policy establishing consistent repatriation processes and training requirements, in consultation with California tribes and the Native American Heritage Commission.

1-Year Agency Response

The Chancellor's Office formed a working group to begin listening sessions and consultation with tribes throughout the state to draft a CSU systemwide policy. The working group includes university officials, tribal voices, and those with NAGPRA expertise. The working group held its first meeting in December and currently meets weekly. The working group has drafted an outline which was shared with tribes to help guide the listening sessions. There were ten listening sessions held between April and June 2024. All tribes on the Native American Heritage Commission's (NAHC) contact list were invited to participate. Formal tribal consultation opportunities will also be ensured throughout the policy development process. More than 40 tribes have taken part in the various listening sessions.

As part of the systemwide NAGPRA policy development, the Chancellor's Office plans to send out a 60-day notice on July 1, 2024, to advise tribes of an upcoming 90-day consultation period related to the Working Draft Policy for Consultation Purposes. The 90-day consultation period will be held from September 1, 2024, to November 30, 2024, and tribes will be able to review and comment on the working draft for consultation purposes. In January 2025, the Chancellor's Office will share the updated draft policy with the NAHC. The draft policy will go out for an additional 30-day consultation process after the internal and NAHC review. The policy should be implemented on or before July 1, 2025, consistent with Assembly Bill 389.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

On October 10, 2023, the Governor signed Assembly Bill 389, which was incorporated into the California Education Code and requires the CSU to establish a Systemwide NAGPRA Committee (systemwide committee). Once the systemwide committee is established and convened, it will support the creation of the systemwide NAGPRA policy establishing consistent repatriation processes and training requirements, in consultation with California tribes and the Native American Heritage Commission.

In the meantime, the Chancellor's Office is forming a working group to begin collaboration-listening sessions with tribes throughout the state to draft a CSU systemwide policy.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Chancellor's Office will establish a systemwide NAGPRA oversight committee by December 2023. The oversight committee will be responsible for drafting a systemwide NAGPRA policy in consultation with California tribes and the Native American Heritage Commission.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2022-107

Agency responses received are posted verbatim.