Article 3.5 - Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University

California Health and Safety Code — §§ 8028.7-8028.73

Sections (4)

Amended by Stats. 2024, Ch. 80, Sec. 79. (SB 1525) Effective January 1, 2025.

(a)In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the California State University shall do all of the following:

(1)Facilitate the establishment, composition, and function of systemwide and campus-level committees, established pursuant to Section 8028.71, with respect to reviewing and advising the university on matters related to the university’s implementation of legal requirements to increase repatriation outcomes or dispositions of Native American human remains and cultural items to California Indian tribes.

(2)(A) Adopt and implement systemwide policies regarding the culturally appropriate treatment of Native American human remains and cultural items, including a policy that prohibits the use of Native American human remains or cultural items for the purposes of teaching or research at the California State University while in the possession of a California State University campus or museum. The systemwide policies shall also include policies regarding tribal research and testing requests, California State University campus and museum reporting requirements to the CSU Systemwide NAGPRA Committee established pursuant to subdivision (a) of Section 8028.71, and culturally appropriate best practices and training concerning repatriation.

(B)Adopt and implement clear and transparent policies and procedures on the

systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, demonstrating cultural affiliation, notification to tribes of human remains and cultural items deemed culturally affiliated and unidentifiable and from whose state aboriginal territory the items were removed, but that are not subject to a repatriation claim, dispute resolution regarding repatriation claims, and any other relevant subject governed by the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), Part 10 (commencing with Section 10.1) of Subtitle A of Title 43 of the Code of Federal Regulations, and this chapter.

(C)Adopt or amend systemwide California State University museum collection management policies to explicitly provide for the deaccession of

collections containing Native American human remains and cultural items to effect the timely and respectful return of those items pursuant to valid claims submitted by a California Indian tribe.

(D)Adopt systemwide California State University policies and

procedures for the identification and disposition of culturally unidentifiable human remains and cultural items, as required by the federal Native American Graves Protection and Repatriation Regulations (43 C.F.R. Part 10). Those policies shall include updates to existing inventories in order to determine whether cultural affiliation can be determined, or to confirm that the human remains are “culturally unidentifiable” as defined in paragraph (2) of subsection (e) of Section 10.2 of Part 10 of Title 43 of the Code of Federal Regulations. These policies also shall include updates to existing inventories or summaries to identify cultural items that may not have been identified in the original inventories or summaries because traditional tribal knowledge was not incorporated into the identification process.

(3)Develop all

policies and procedures pursuant to paragraph (2) in consultation with California Indian tribes on the contact list

maintained by the Native American Heritage Commission pursuant to Section 8013. Each California Indian tribe appearing on the contact list shall be invited to consult on any California State University proposed policies and procedures regarding repatriation. For purposes of this section, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code.

(4)Timely submit the policies and procedures adopted pursuant to paragraph (2) to the commission, so that the commission may review and comment upon the policies and procedures

pursuant to subdivision (p) of Section 5097.94 of the Public Resources Code on or before July 1, 2024. The California State University shall make best efforts to adopt the commission’s recommendations.

(5)Implement the systemwide policies adopted pursuant to paragraph (2) on or before July 1, 2025, and implement any campus policies within one year after the adoption of the systemwide policies.

(6)Ensure that each campus Native American Graves Protection and Repatriation Act Implementation Committee implements the policies and procedures adopted pursuant to paragraph (2).

(7)Adopt procedures to support appeals and dispute resolution when a tribe disagrees with a campus determination regarding identification,

repatriation, or disposition of human remains or cultural items directly to the CSU Systemwide NAGPRA Committee established pursuant to subdivision (a) of Section 8028.71.

(8)On or before July 1, 2024, to ensure that campuses pursue timely repatriation, require campuses with Native American remains and cultural items to have full-time, experienced repatriation coordinators, and a systemwide coordinator for the California State University.

(9)On or before December 31, 2024, and each December 31 thereafter, submit an annual report to the Legislature, pursuant to Section 9795 of the Government Code, on the California State University’s systemwide progress in reviewing its collections of Native American human remains and cultural items.

(b)A campus of the California State University may adopt policies to supplement the systemwide policies adopted pursuant to paragraph (2) of subdivision (a), if the campus determines that individual circumstances involving that campus are not adequately addressed in the adopted and approved systemwide policies, in consultation with California Indian tribes. A policy or procedure adopted by a campus pursuant to this subdivision shall not conflict with the approved systemwide policies adopted pursuant to paragraph (2) of subdivision (a).

§ 8028.71

Amended by Stats. 2024, Ch. 80, Sec. 80. (SB 1525) Effective January 1, 2025.

(a)(1) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the California State University shall establish a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, which shall also be known as the CSU Systemwide NAGPRA Committee. At least a majority of the CSU Systemwide NAGPRA Committee’s voting members shall be from California Indian tribes.

(2)The membership of the systemwide committee shall be as follows:

(A)Three voting members of an Indian tribe as

described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.

(B)One voting member of an Indian tribe as described in paragraph (2) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section, or, if none is available, a member of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.

(C)Three voting members from the California State University. At least two of these members shall be affiliated with an American Indian or Native American studies program and each of these members shall meet the requirements of subdivision (d).

(D)One nonvoting member from each campus of the California State University that is subject to the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.). Each of these nonvoting members shall meet the requirements of subdivision (d).

(3)The Chancellor of the California State University, or the chancellor’s designee, shall appoint members to the systemwide committee upon nomination by the commission.

(4)The composition of the systemwide committee may be altered to include a greater number of qualified members of a California Indian tribe, to the extent that qualified California State University candidates cannot be located pursuant to paragraph (2).

(b)(1) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, each California State University campus shall establish a campus-based Native American Graves Protection and Repatriation Act Implementation Committee, which shall also be known as the NAGPRA Committee for that campus. At least a majority of each campus-based NAGPRA Committee’s membership shall be from California Indian tribes.

(2)The membership of each campus-based NAGPRA committee shall be as follows:

(A)Three voting members of an Indian tribe as described in paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.

paragraph (1) of subdivision (c) of Section 8012, meeting the requirements of subdivision (c) of this section.

(C)Three voting members from the California State University. At least one of these members shall be affiliated with an American Indian or Native American studies program and each of these members shall meet the requirements of subdivision (d).

(3)The Chancellor of the California State University or the chancellor’s designee shall appoint members to the campus-based NAGPRA committees upon nomination by the commission.

(4)All claims for repatriation or claims of any violation of the policies and procedures adopted pursuant to Section 8025 shall be submitted to the campus-based

NAGPRA Committee for determination.

(5)The composition of the campus-based NAGPRA committees may be altered to include a greater number of qualified members of a California Indian tribe, to the extent that qualified California State University candidates meeting the criteria in paragraph (1) of subdivision (d) cannot be located.

(c)(1) A voting member of a California Indian tribe shall be an elder, spiritual leader, tribal leader, or tribal member, as designated by the governing body of the individual’s tribe, with a minimum of five years’ prior experience in any of the following:

(A) Repatriation of human remains and cultural items pursuant to the federal Native American Graves

Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.).

(B) Cultural resources protection under tribal, state, and federal law.

(2)Preference shall be given to members of a California Indian tribe. If no members of a California Indian tribe meeting the qualifications of paragraph (1) are available, members of other tribes may serve.

(d)(1) A representative of the California State University shall meet both of the following criteria:

(A) (i) Have a graduate degree in archaeology,

anthropology, Native American studies, ethnic studies, law, sociology, environmental studies, or history, with a focus in California.

(ii) If there are no candidates satisfying clause (i), candidates that have degrees and direct professional experience in fields relevant to repatriation or tribal cultural resources matters shall be deemed to meet the requirements of clause (i).

(B) Have a minimum of five years’ prior experience working in the applicable field of study.

(2)Preference shall be given to members who have demonstrated, through their professional experience, the ability to work in collaboration with Native American tribes successfully on issues related to repatriation or museum collection management.

(3)If candidates from the California State University are not available or do not meet the criteria of paragraph (1), the California State University representative positions may be filled by retired emeriti of the California State University who meet the criteria of paragraph (1).

§ 8028.72

Added by Stats. 2023, Ch. 649, Sec. 1. (AB 389) Effective January 1, 2024.

To ensure that each California State University campus has the funding necessary to comply with this chapter, the California State University shall do all of the following:

(a)Require each campus with Native American remains or cultural items to identify and estimate, on or before January 31, 2025, the funding and other resources it needs to complete repatriations under the act in an appropriate and timely manner.

(b)Compile the estimates described in subdivision (a) into a systemwide report, disaggregated by campus, and submit this report to the Native American Heritage Commission and the Legislature, pursuant to Section 9795 of the Government Code.

(c)Upon evaluation of the reasonableness of campus estimates under subdivision (a), identify and provide funding to campuses from existing systemwide or campus-based resources, or seek additional funding from the Legislature, to ensure that campuses have sufficient funding to support their activities under the act.

§ 8028.73

Added by Stats. 2025, Ch. 131, Sec. 1. (AB 977) Effective January 1, 2026.

In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), the California State University shall, in consultation with California Indian tribes,

develop a policy for the reburial of Native American human remains repatriated by the California State University on land owned by the California State University. The policy shall do both of the following:

(a)Require the California State University to consult on topics with California Indian tribes, including, but not limited to, all of the following:

(1)Campus space or land availability and its location.

(2)California Indian tribes culturally affiliated with the potential reburial land.

(3)Long-term protection and stewardship responsibilities.

(4)Compliance with all applicable federal, tribal, state, and local laws.

(5)Other burial-related topics as requested by consulting parties.

(6)Tribal cultural protocols access and use.

(7)Confidentiality.

(b)Require that any proposed location for

the reburial of repatriated Native American human remains by the California State University be mutually agreed upon by the California State University and California Indian tribes culturally affiliated with the potential reburial land.