Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

Existing law requires the California State University to comply with additional requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, including adopting and implementing policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, as specified.

This bill would require the California State University to develop a policy for the reburial of Native American human remains that have been repatriated on land owned by the California State University, as provided. The bill would require the policy to require the California State University to consult with California Indian tribes, including on specified topics. The bill would also require the policy to require that any proposed location for the reburial of repatriated Native American human remains be mutually agreed upon by the California State University and the California Indian tribes that are culturally affiliated with the potential reburial land.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

Existing law requires the California State University to comply with additional requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, including adopting and implementing policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, as specified.

This bill would require the California State University to develop a policy for the reburial of Native American human remains that have been repatriated on land owned by the California State University, as provided. The bill would require the policy to require the California State University to consult with California Indian tribes, including on specified topics. The bill would also require the policy to require that any proposed location for the reburial of repatriated Native American human remains be mutually agreed upon by the California State University and the California Indian tribes that are culturally affiliated with the potential reburial land.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

Existing law requires the California State University to comply with additional requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, including adopting and implementing policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, as specified.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

Existing law requires the California State University to comply with additional requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, including adopting and implementing policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, as specified.

This bill would require, as part of the California Native American Graves Protection and Repatriation Act of 2001, the California State University, in consultation with tribes, to develop a policy to identify available California State University-owned land for the burial of Native American human remains and designate 3 burial sites statewide, as specified. Following repatriation of Native American human remains by the California State University to a tribe, the bill would require the California State University, upon request of the tribe, to facilitate the burial of the human remains at one of the 3 designated burial sites, as specified.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state.

The California Native American Graves Protection and Repatriation Act of 2001 requires all agencies and museums, which is defined to include higher education institutions, that receive state funding and have possession or control over collections of California Native American human remains and associated funerary objects to inventory those remains and objects for repatriation to the appropriate California Indian tribes, as specified.

Existing law requires the California State University to comply with additional requirements regarding the handling, maintenance, and repatriation of Native American human remains and cultural items under the California Native American Graves Protection and Repatriation Act of 2001, including adopting and implementing policies and procedures on the systemwide requirements for submitting, processing, and implementing claims for the repatriation of human remains and cultural items, as specified.

This bill would require, as part of the California Native American Graves Protection and Repatriation Act of 2001, the California State University, in consultation with tribes, to develop a policy to identify available California State University-owned land for the burial of Native American human remains and designate 3 burial sites statewide, as specified. Following repatriation of Native American human remains by the California State University to a tribe, the bill would require the California State University, upon request of the tribe, to facilitate the burial of the human remains at one of the 3 designated burial sites, as specified.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 977

Author:(Ramos)

As Amended Ver:July 8, 2025

Majority vote

SUMMARY

Requires, in alignment with the federal and state Native American Graves Protection and Repatriation Act (NAGPRA), the California State University (CSU), in consultation with California Indian tribes, to develop a policy for the reburial of Native American human remains repatriated by the CSU on land it owns.

Senate Amendments

1. Require the policy, pursuant to the summary above, to do both of the following:
   1. Require the CSU 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; and,
      7. Confidentiality.
   2. Require that any proposed location for the reburial by the CSU be mutually agreed upon by the CSU and California Indian tribes culturally affiliated with the potential reburial land.

COMMENTS

Background on federal Native American Graves Protection and Repatriation Act (NAGPRA) and California Native American Graves Protection and Repatriation Act of 2001 (CalNAGPRA). The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museums and Federal agency collections.

According to the U.S. Department of the Interior, in the last 15 plus years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as "culturally unidentifiable."

The federal NAGPRA assigned several implementation responsibilities to the Secretary of the Interior, including:

1. Promulgating implementing regulations;
2. Establishing and providing staff support to the Native American Graves Protection and Repatriation Review Committee;
3. Making grants to assist museums, Indian tribes, and Native Hawaiian organizations in fulfilling their responsibilities under the Act;
4. Extending inventory deadlines for museums that demonstrate a good faith effort;
5. Publishing notices for museums and Federal agencies in the Federal Register;
6. Assessing civil penalties on museums that fail to comply with provisions of the Act; and,
7. Responding to notices of inadvertent discoveries of Native American cultural items on Department of the Interior lands.

The CalNAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, CalNAGPRA established a 10 member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to issue subpoenas, and to impose civil penalties. Further, CalNAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects to complete, by January 1, 2003, an inventory of all items and specified information in facilitating the return of the objects.

The Legislature amended CalNAGPRA in 2018 in response to allegations from stakeholders that the UC had an inferior record of completed repatriations and that participation by tribes in the repatriation process had been limited.

California State Auditor (CSA) Audit. The CSA released its report on the CSU's compliance with federal NAGPRA and CalNAGPRA on June 29, 2023. The audit found that, although the CSU Chancellor's Office has recently taken some steps to support the CSU campuses' repatriation efforts, the CSU Chancellor's Office must take additional action to ensure that CSU campuses' prioritize complying with federal NAGPRA and CalNAGPRA.

The audit surveyed all 23 CSU campuses and conducted further on-site reviews at four campuses: CSU Chico, Sacramento, San Diego, and San José. The Auditor found that of the 21 campuses with NAGPRA collections, more than half have not repatriated any remains or cultural items to tribes, and that two campuses that returned remains or cultural items did not follow NAGPRA requirements when returning remains or cultural items. Further, the audit found that more than half of the 21 CSU campuses do not yet know the extent of their collections of remains and cultural items, despite federal law requiring them to do so by late 1995.

Additionally, the audit found that campuses generally lack the policies, funding, and staffing necessary to follow the law and repatriate their collections. The CSU system has repatriated only 6% of its collections to tribes to date. The audit also found that guidance or oversight has not been provided by the CSU Chancellor's Office to CSU campuses in order to ensure compliance with NAGPRA laws.

As a result of the aforementioned findings, the CSA issued recommendations to the Legislature and the CSU Chancellor's Office. The CSA calls on the Legislature to require annual reporting from the CSU Chancellor's Office on systemwide progress in reviewing its collections, consulting with tribes, and repatriating human remains and cultural items. The audit recommendations also directed the CSU Chancellor's Office to do all of the following, in summary:

1. Monitor campus efforts to review their collections and require the completion of their inventories by December 2024.
2. Ensure that campuses properly consult with tribes regarding protocols for handling and identifying remains and cultural items, and issue a systemwide NAGPRA policy establishing consistent repatriation processes and training requirements in consultation with California tribes and the Native American Heritage Commission.
3. Establish a systemwide NAGPRA oversight committee by December 2023.
4. Implement a process for campuses to periodically report their repatriation activity to the systemwide oversight committee.
5. Require that campuses with more than 100 remains and cultural items also establish NAGPRA committees and have full-time, experienced repatriation coordinators by June 2024.
6. Formalize its administrative structure by assigning a dedicated position to directly oversee the work of the systemwide CalNAGPRA project manager.
7. Require each campus with NAGPRA collections to identify and estimate, by January 2024, the funding and other resources they need to complete repatriation in an appropriate and timely manner.
8. Identify and provide the required funding from existing systemwide or campus resources or seek additional funding from the Legislature to ensure that campuses have adequate funding to support their federal NAGPRA and CalNAGPRA activities.

Then CSU Interim Chancellor, Jolene Koester, responded to the audit findings, and stated in a letter, dated June 8, 2023, to the State Auditor, "the CSU intends to implement each recommendation made by your office as reflected in the audit report. Additionally, the Chancellor's Office will finalize and implement a systemwide NAGPRA/CalNAGPRA policy, which includes appropriate oversight, that will be vetted through Tribal consultation, require annual campus reporting of NAGPRA/CalNAGPRA activity and progress, and ensure adequate funding and resources for NAGPRA/CalNAGPRA efforts."

CSU NAGPRA and CalNAGPRA update. According to the April 2025 CSU NAGPRA/CalNAGPRA Update (Update), "the CSU is committed to the rightful return and repatriation of all Native American ancestral remains and cultural items by enforcing systemwide compliance of NAGPRA, CalNAGPRA, AB 389, and the recently updated Federal regulations. The CSU continues to establish its systems' infrastructure and is building capacity at each university to ensure the State Auditor's recommendations are implemented."

Existing law, pursuant to AB 389 (Ramos), Chapter 649, Statutes of 2023, in part, requires the CSU to report to the Legislature on the progress each CSU campus has made in reviewing its collections of Native American ancestral remains and cultural items by December 31, 2024. In 2023 and 2024, each CSU campus received instructions from the CSU Chancellor's Office to conduct thorough campus-wide searches for these items. As mandated by AB 389, in December a report was submitted to the legislature, outlining the progress each campus has made in reviewing its inventories.

According to the Update, "the 2023 state audit reported that CSU universities held 5,804 ancestral remains and 692,400 cultural items in their collections. The recently completed 2024 report to the Legislature indicated that CSU universities now hold 2,245 ancestral remains and nearly two million cultural items in their collections. The decrease of more than 2,600 ancestors is due in large part to five universities (Chico, Los Angeles, Sacramento, San Francisco, and Sonoma) having significant progress in repatriating both ancestral remains and cultural items to a variety of Tribes. The increase in cultural items reflects the success of the campus searches and systemwide compliance with reporting and inventory procedures."

As a way to enhance transparency and support connectivity between the Tribes and the CSU, the CSU Chancellor's Office developed an interactive map that shows which campuses house collections from specific California counties. The map allows users to search either by campus or by county. The map is now live and available on the CSU's NAGPRA website: "CSU Campus Collections | CSU CalNAGPRA and NAGPRA."

According to the Author

According to the author, "currently, the CSU system is required to comply with various requirements regarding the repatriation of Native American remains and cultural items. This is in part to AB 389 (Ramos), Chapter 649, Statutes of 2023 based off a State Auditor report on the progress of the system. Although there has been some progress, a certain issue that arises with repatriation is that some tribes may not have the appropriate land available to rebury their ancestors. In some cases, there may be claims by tribal nations, but they are unable to take immediate possession due to not having land available for a proper reburial."

The author contends that, "the Legislature has passed various laws aimed at holding the California State University accountable when it comes to properly repatriating Native American remains and cultural items pursuant to NAGPRA and CalNAGPRA. In efforts to help facilitate the quick repatriation, AB 977 aims to address the issue of available land. In some cases, a tribal nation may have a claim on remains but they are unable to take immediate possession due to not having land available for a proper reburial. Our goal is to allow for a collaborative effort between tribes and the CSU system to identify three burial sites located in the northern, central, and southern regions of the state to help facilitate the reburial of the remains and cultural items. The bill would address inequities for the wrongs faced by Native American tribes and the remains that are currently being held at the CSU campuses."

Arguments in Support

According to the Santa Rosa Rancheria Tachi Yokut Tribe, sponsors of this measure, "AB 977 (Ramos) will require the CSU to consult with California Indian Tribes and conduct a public hearing to develop a policy to identify three burial sites on CSU land to facilitate the burial of human remains. The sites must be one each in the northern, central, and southern regions of the state."

The Santa Rosa Rancheria Tachi Yokut Tribe contends that, "this bill comes at the right time for the CSU. The Governor's proposed 2025-26 Budget reduces funding for the CSU, which is likely to result in the downsizing of specific CSU campuses rather than across-the-board cuts at all campuses. The opportunity to participate in an act of restorative justice, and to honor California's tribal ancestors – as an alternative to closure and shuttering – could be a silver lining to those campuses which face downsizing. For the three campuses chosen, California Indian Tribes will view the assignment as an honor."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM HIGHER EDUCATION: 10-0-0

YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

ASSEMBLY FLOOR: 79-0-0

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

SENATE FLOOR: 37-0-3

YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Alvarado-Gil, Hurtado, Rubio

UPDATED

VERSION: July 8, 2025

CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0001272

 CONSENT  

Bill No: AB 977

Author: Ramos (D), et al.

Amended: 7/8/25 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 7/16/25

AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Laird

ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote

SUBJECT: California Native American Graves Protection and Repatriation Act of 2001: California State University: burial sites: human remains

SOURCE: Santa Rosa Rancheria Tachi Yokut Tribe

DIGEST:

This bill requires the California State University (CSU) in consultation with California Indian tribes, to develop a policy for the reburial of Native American human remains repatriated by the CSU on land it owns.

ANALYSIS:

Existing federal law:

1) Creates the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, which, in part:

1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate “cultural items” to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;

e) Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act, as provided; and,

f) Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations. (Public Law 101- 601; 25 U.S.C. 3001-3013)

Existing state law:

1. Establishes the CSU system, made of 23 campuses, and bestows upon the CSU Trustees, through the Board of Trustees, the power, duties, and functions with respect to the management, administration, and control of the CSU system. (Education Code § 66606 and 89030, et seq.)
2. Creates the CalNAGPRA, which, in part:

a) Applies the state’s repatriation policy consistently with the NAGPRA;

b) Facilitates the implementation of NAGPRA with respect to publicly funded agencies and museums in California;

c) Encourages voluntary disclosure and return of Native American human remains and cultural items by a private institution or museum;

d) Stipulates that an agency or museum receiving a repatriation request shall repatriate human remains and cultural items, as specified; and,

e) Stipulates that if there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and cultural items originating from their state aboriginal territory or culturally affiliated with those tribal governments, the items may be repatriated to those groups. (Health and Safety Code Section 8010, et seq.)

This bill:

1. Requires, in alignment with the state and federal NAGPRA, the CSU, in consultation with California Indian tribes, develop a policy for the reburial of Native American human remains repatriated by the CSU on land it owns to do all of the following:
   1. Require the CSU 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.
   2. Require that any proposed location for the reburial by the CSU be mutually agreed upon by the CSU and California Indian tribes culturally affiliated with the potential reburial land.

Comments

1. Need for this bill. According to the author, “The Legislature has passed various laws aimed at holding the California State University accountable when it comes to properly repatriating Native American remains and cultural items pursuant to NAGPRA and CalNAGPRA. In efforts to help facilitate the quick repatriation, AB 977 aims to address the issue of available land. In some cases, a tribal nation may have a claim on remains but they are unable to take immediate possession due to not having land available for a proper reburial. Our goal is to allow for a collaborative effort between tribes and the CSU system to identify three burial sites located in the northern, central, and southern regions of the state to help facilitate the reburial of the remains and cultural items.”
2. CSU and NAGPRA. As noted in the background of this analysis, the federal NAGPRA and CalNAPGRA establish requirements for the protection, identification, handling, and repatriation of Native American human remains and cultural items from government agencies and museums, including CSU. CalNAPGRA establishes a process by which a lineal descendant or a California Indian tribe that meets certain criteria may claim a relationship with and request the return of human remains or cultural items held by an agency or museum with the Native American Heritage Commission. CSU has historically maintained a significant collection of hundreds of thousands of remains and cultural items. The CSU Chancellor’s Office had delegated accountability and oversight of federal NAGPRA and CalNAGPRA activities to the individual campuses. AB 389 (Ramos, Chapter 649, Statutes of 2023), among other things, sought to centralize and shift accountability and oversight of individual campus efforts back to system leadership. It did so by requiring the adoption and implementation of systemwide policies and reporting on the culturally appropriate handling of Native American human remains or cultural items.
3. Audit Report. AB 389 effectively codified recommendations issued on June 29, 2023, by the state Auditor on the CSU’s compliance with federal NAGPRA and CalNAGPRA. The report provides that, although the CSU Chancellor’s Office has taken steps recently to support the campuses’ repatriation efforts, it must take additional action to ensure that campuses prioritize compliance with federal NAGPRA and CalNAGPRA. The audit surveyed all 23 CSU campuses and conducted further on-site reviews at four: CSU Chico, Sacramento, San Diego, and San Jose. It found that of the 21 campuses with NAGPRA collections, more than half have not repatriated any remains or cultural items to tribes, and that two campuses that returned remains or cultural items did not follow NAGPRA requirements when doing so. The report notes that campuses generally lack the policies, funding, and staffing necessary to follow the law and repatriate their collections. The system had repatriated only 6 percent of its collections to tribes to date. As a result of the findings in the report, the Auditor issued specific recommendations to the Legislature and the CSU Chancellor’s Office and provided that the Legislature require annual reporting from the CSU on systemwide progress in reviewing its collections, consulting with tribes, and repatriating human remains and cultural items.

Currently, CSU campuses retain 2,231 ancestral remains in their possession. As compared to the total of 5,804 ancestral remains reported in the 2023 state audit.

Regarding cultural items, the state audit showed 692,400 cultural items with their collection. However, the 2024 state audit report indicated that number increased to 1.9 million. According to CSU, this growth is primarily attributed to extensive campus searches, new inventories, and improved reporting conducted over the past year. As of April 2025, the CSU has repatriated 73,335 cultural items this year—according to CSU, this achievement highlights both the volume and significance of the work being undertaken across the system.

1. CSU draft policy and reburial. On January 17, 2025, the newly established CSU Office of Tribal Relations in the Chancellor’s Office presented a draft NAGPRA policy for the entire system to the Commissioners of the California Native American Heritage Commission during their public meeting. Following a 90-day consultation period, a second draft policy incorporated feedback from stakeholders provided during the consultation period. The June 2025 draft policy’s section on reburial affirms the university’s commitment to engaging with lineal descendants and culturally affiliated Indian tribes on the potential for identifying campus land as a reburial option. It further instructs each campus that only after the repatriation is completed through the transfer of control or possession of human remains or funerary objects, will formal steps be taken to initiate the reburial process on campus land. Formal steps may include a trust agreement, funding, and recording of the reburial site. The draft policy also directs campuses to communicate any legal limitations, as well as limitations in funding and the availability of land during the consultation period with lineal descendants and affiliated Indian tribes. It outlines topics for which consultation with tribes is necessary, including land, availability, location, tribal cultural protocols, access, and use. The list of topics included in the draft policy aligns closely with those specified in this bill. This bill also mandates that proposed sites for reburial must receive mutual agreement from CSU and California Indian tribes that are culturally affiliated with the potential reburial land.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/25)

Santa Rosa Rancheria Tachi Yokut Tribe (source)

California Faculty Association

California State University, Office of the Chancellor

Habematolel Pomo of Upper Lake

Society for California Archaeology

OPPOSITION: (Verified 8/18/25)

None received

ASSEMBLY FLOOR: 79-0, 6/2/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105

8/21/25 16:45:37

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: Hearing Date: July 16, 2025

Subject:

SUMMARY

This bill requires the California State University (CSU) in consultation with California Indian tribes, to develop a policy for the reburial of Native American human remains repatriated by the CSU on land it owns.

BACKGROUND

Existing federal law:

1) Creates the Native American Graves Protection and Repatriation Act (NAGPRA)

of 1990, which, in part:

1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate “cultural items” to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;

e) Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act, as provided; and,

f) Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations. (Public Law 101- 601; 25 U.S.C. 3001-3013)

Existing state law:

1. Establishes the CSU system, made of 23 campuses, and bestows upon the CSU Trustees, through the Board of Trustees, the power, duties, and functions with respect to the management, administration, and control of the CSU system. (Education Code § 66606 and 89030, et seq.)
2. Creates the CalNAGPRA, which, in part:

a) Applies the state’s repatriation policy consistently with the NAGPRA;

b) Facilitates the implementation of NAGPRA with respect to publicly funded

agencies and museums in California;

c) Encourages voluntary disclosure and return of Native American human remains and cultural items by a private institution or museum;

d) Stipulates that an agency or museum receiving a repatriation request shall repatriate human remains and cultural items, as specified; and,

e) Stipulates that if there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and cultural items originating from their state aboriginal territory or culturally affiliated with those tribal governments, the items may be repatriated to those groups. (Health and Safety Code Section 8010, et seq.)

ANALYSIS

This bill:

1. Requires, in alignment with the state and federal NAGPRA, the CSU, in consultation with California Indian tribes, develop a policy for the reburial of Native American human remains repatriated by the CSU on land it owns to do all of the following:
   1. Require the CSU 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.

• • 1. Long-term protection and stewardship responsibilities.
    2. Compliance with all applicable federal, tribal, state, and local laws.
    3. Other burial-related topics as requested by consulting parties.
    4. Tribal cultural protocols access and use.
    5. Confidentiality.
  1. Require that any proposed location for the reburial by the CSU be

mutually agreed upon by the CSU and California Indian tribes culturally affiliated with the potential reburial land.

STAFF COMMENTS

1. Need for the bill. According to the author, “The Legislature has passed various laws aimed at holding the California State University accountable when it comes to properly repatriating Native American remains and cultural items pursuant to NAGPRA and CalNAGPRA. In efforts to help facilitate the quick repatriation, AB 977 aims to address the issue of available land. In some cases, a tribal nation may have a claim on remains but they are unable to take immediate possession due to not having land available for a proper reburial. Our goal is to allow for a collaborative effort between tribes and the CSU system to identify three burial sites located in the northern, central, and southern regions of the state to help facilitate the reburial of the remains and cultural items.”
2. CSU and NAGPRA. As noted in the background of this analysis, the federal NAGPRA and CalNAPGRA establish requirements for the protection, identification, handling, and repatriation of Native American human remains and cultural items from government agencies and museums, including CSU. CalNAPGRA establishes a process by which a lineal descendant or a California Indian tribe that meets certain criteria may claim a relationship with and request the return of human remains or cultural items held by an agency or museum with the Native American Heritage Commission. CSU has historically maintained a significant collection of hundreds of thousands of remains and cultural items. The CSU Chancellor’s Office had delegated accountability and oversight of federal NAGPRA and CalNAGPRA activities to the individual campuses. AB 389 (Ramos, Chapter 649, Statutes of 2023), among other things, sought to centralize and shift accountability and oversight of individual campus efforts back to system leadership. It did so by requiring the adoption and implementation of systemwide policies and reporting on the culturally appropriate handling of Native American human remains or cultural items.
3. Audit Report. AB 389 effectively codified recommendations issued on June 29, 2023, by the state Auditor on the CSU’s compliance with federal NAGPRA and CalNAGPRA. The report provides that, although the CSU Chancellor’s Office has taken steps recently to support the campuses’ repatriation efforts, it must take additional action to ensure that campuses prioritize compliance with federal NAGPRA and CalNAGPRA. The audit surveyed all 23 CSU campuses and conducted further on-site reviews at four: CSU Chico, Sacramento, San Diego, and San Jose. It found that of the 21 campuses with NAGPRA collections, more than half have not repatriated any remains or cultural items to tribes, and that two campuses that returned remains or cultural items did not follow NAGPRA requirements when doing so. The report notes that campuses generally lack the policies, funding, and staffing necessary to follow the law and repatriate their collections. The system had repatriated only 6 percent of its collections to tribes to date. As a result of the findings in the report, the Auditor issued specific recommendations to the Legislature and the CSU Chancellor’s Office and provided that the Legislature require annual reporting from the CSU on systemwide progress in reviewing its collections, consulting with tribes, and repatriating human remains and cultural items.

Currently, CSU campuses retain 2,231 ancestral remains in their possession. As compared to the total of 5,804 ancestral remains reported in the 2023 state audit.

Regarding cultural items, the state audit showed 692,400 cultural items with their collection. However, the 2024 state audit report indicated that number increase to 1.9 million. According to CSU, this growth is primarily attributed to extensive campus searches, new inventories, and improved reporting conducted over the past year. As of April 2025, the CSU has repatriated 73,335 cultural items this year—according to CSU, this achievement highlights both the volume and significance of the work being undertaken across the system.

1. CSU draft policy and reburial. On January 17, 2025, the newly established CSU Office of Tribal Relations in the Chancellor’s Office presented a draft NAGPRA policy for the entire system to the Commissioners of the California Native American Heritage Commission during their public meeting. Following a 90-day consultation period, a second draft policy incorporated feedback from stakeholders provided during the consultation period. The June 2025 draft policy’s section on reburial affirms the university’s commitment to engaging with lineal descendants and culturally affiliated Indian tribes on the potential for identifying campus land as a reburial option. It further instructs each campus that only after the repatriation is completed through the transfer of control or possession of human remains or funerary objects, will formal steps be taken to initiate the reburial process on campus land. Formal steps may include a trust agreement, funding, and recording of the reburial site. The draft policy also directs campuses to communicate any legal limitations, as well as limitations in funding and the availability of land during the consultation period with lineal descendants and affiliated Indian tribes. It outlines topics for which consultation with tribes is necessary, including land, availability, location, tribal cultural protocols, access, and use. The list of topics included in the draft policy aligns closely with those specified in this bill. This bill also mandates that proposed sites for reburial must receive mutual agreement from CSU and California Indian tribes that are culturally affiliated with the potential reburial land.

SUPPORT

Santa Rosa Rancheria Tachi Yokut Tribe (sponsor)

California Faculty Association

California State University, Office of the Chancellor

Habematolel Pomo of Upper Lake

Society for California Archaeology

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 977

Author:(Ramos)

As Amended Ver:May 23, 2025

Majority vote

SUMMARY

Requires, as part of the California Native American Graves Protection and Repatriation Act of 2001 (CalNAGPRA), the California State University (CSU), in consultation with tribes, to identify CSU owned land for the burial of Native American human remains and designate three burial sites statewide, as specified.

Major Provisions

1. Requires the CSU to identify land owned by the CSU as available locations for the burial of Native American human remains.
2. Requires the CSU from the identified land as enumerated in (1) above, to designate three burial sites, with one burial site in the northern, central, and southern regions of the state.

COMMENTS

Background on federal NAGPRA and CalNAGPRA. The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museums and Federal agency collections.

According to the U.S. Department of the Interior, in the last 15 plus years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as ″culturally unidentifiable.″

The federal NAGPRA assigned several implementation responsibilities to the Secretary of the Interior, including:

1. Promulgating implementing regulations;
2. Establishing and providing staff support to the Native American Graves Protection and Repatriation Review Committee;
3. Making grants to assist museums, Indian tribes, and Native Hawaiian organizations in fulfilling their responsibilities under the Act;
4. Extending inventory deadlines for museums that demonstrate a good faith effort;
5. Publishing notices for museums and Federal agencies in the Federal Register;
6. Assessing civil penalties on museums that fail to comply with provisions of the Act; and,
7. Responding to notices of inadvertent discoveries of Native American cultural items on Department of the Interior lands.

The CalNAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, CalNAGPRA established a 10 member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to issue subpoenas, and to impose civil penalties. Further, CalNAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects to complete, by January 1, 2003, an inventory of all items and specified information in facilitating the return of the objects.

The Legislature amended CalNAGPRA in 2018 in response to allegations from stakeholders that the UC had an inferior record of completed repatriations and that participation by tribes in the repatriation process had been limited.

California State Auditor (CSA) Audit. The CSA released its report on the CSU′s compliance with federal NAGPRA and CalNAGPRA on June 29, 2023. The audit found that, although the CSU Chancellor′s Office has recently taken some steps to support the CSU campuses′ repatriation efforts, the CSU Chancellor′s Office must take additional action to ensure that CSU campuses′ prioritize complying with federal NAGPRA and CalNAGPRA.

The audit surveyed all 23 CSU campuses and conducted further on-site reviews at four campuses: CSU Chico, Sacramento, San Diego, and San José. The Auditor found that of the 21 campuses with NAGPRA collections, more than half have not repatriated any remains or cultural items to tribes, and that two campuses that returned remains or cultural items did not follow NAGPRA requirements when returning remains or cultural items. Further, the audit found that more than half of the 21 CSU campuses do not yet know the extent of their collections of remains and cultural items, despite federal law requiring them to do so by late 1995.

Additionally, the audit found that campuses generally lack the policies, funding, and staffing necessary to follow the law and repatriate their collections. The CSU system has repatriated only six % of its collections to tribes to date. The audit also found that guidance or oversight has not been provided by the CSU Chancellor′s Office to CSU campuses in order to ensure compliance with NAGPRA laws.

As a result of the aforementioned findings, the CSA issued recommendations to the Legislature and the CSU Chancellor′s Office. The CSA calls on the Legislature to require annual reporting from the CSU Chancellor′s Office on systemwide progress in reviewing its collections, consulting with tribes, and repatriating human remains and cultural items. The audit recommendations also directed the CSU Chancellor′s Office to do all of the following, in summary:

1. Monitor campus efforts to review their collections and require the completion of their inventories by December 2024.
2. Ensure that campuses properly consult with tribes regarding protocols for handling and identifying remains and cultural items, and issue a systemwide NAGPRA policy establishing consistent repatriation processes and training requirements in consultation with California tribes and the Native American Heritage Commission.
3. Establish a systemwide NAGPRA oversight committee by December 2023.
4. Implement a process for campuses to periodically report their repatriation activity to the systemwide oversight committee.
5. Require that campuses with more than 100 remains and cultural items also establish NAGPRA committees and have full-time, experienced repatriation coordinators by June 2024.
6. Formalize its administrative structure by assigning a dedicated position to directly oversee the work of the systemwide CalNAGPRA project manager.
7. Require each campus with NAGPRA collections to identify and estimate, by January 2024, the funding and other resources they need to complete repatriation in an appropriate and timely manner.
8. Identify and provide the required funding from existing systemwide or campus resources or seek additional funding from the Legislature to ensure that campuses have adequate funding to support their federal NAGPRA and CalNAGPRA activities.

Then CSU Interim Chancellor, Jolene Koester, responded to the audit findings, and stated in a letter, dated June 8, 2023, to the State Auditor, ″the CSU intends to implement each recommendation made by your office as reflected in the audit report. Additionally, the Chancellor′s Office will finalize and implement a systemwide NAGPRA/CalNAGPRA policy, which includes appropriate oversight, that will be vetted through Tribal consultation, require annual campus reporting of NAGPRA/CalNAGPRA activity and progress, and ensure adequate funding and resources for NAGPRA/CalNAGPRA efforts.″

CSU NAGPRA and CalNAGPRA update. According to the April 2025 CSU NAGPRA/CalNAGPRA Update (Update), ″the CSU is committed to the rightful return and repatriation of all Native American ancestral remains and cultural items by enforcing systemwide compliance of NAGPRA, CalNAGPRA, AB 389, and the recently updated Federal regulations. The CSU continues to establish its systems′ infrastructure and is building capacity at each university to ensure the State Auditor′s recommendations are implemented.″

Existing law, pursuant to AB 389 (Ramos), Chapter 649, Statutes of 2023, in part, requires the CSU to report to the Legislature on the progress each CSU campus has made in reviewing its collections of Native American ancestral remains and cultural items by December 31, 2024. In 2023 and 2024, each CSU campus received instructions from the CSU Chancellor′s Office to conduct thorough campus-wide searches for these items. As mandated by AB 389, in December a report was submitted to the legislature, outlining the progress each campus has made in reviewing its inventories.

According to the Update, ″the 2023 state audit reported that CSU universities held 5,804 ancestral remains and 692,400 cultural items in their collections. The recently completed 2024 report to the Legislature indicated that CSU universities now hold 2,245 ancestral remains and nearly two million cultural items in their collections. The decrease of more than 2,600 ancestors is due in large part to five universities (Chico, Los Angeles, Sacramento, San Francisco, and Sonoma) having significant progress in repatriating both ancestral remains and cultural items to a variety of Tribes. The increase in cultural items reflects the success of the campus searches and systemwide compliance with reporting and inventory procedures.″

As a way to enhance transparency and support connectivity between the Tribes and the CSU, the CSU Chancellor′s Office developed an interactive map that shows which campuses house collections from specific California counties. The map allows users to search either by campus or by county. The map is now live and available on the CSU′s NAGPRA website: ″CSU Campus Collections | CSU CalNAGPRA and NAGPRA.″

According to the Author

According to the author, ″currently, the CSU system is required to comply with various requirements regarding the repatriation of Native American remains and cultural items. This is in part to AB 389 (Ramos, Chapter 649, Statutes of 2023) based off a State Auditor report on the progress of the system. Although there has been some progress, a certain issue that arises with repatriation is that some tribes may not have the appropriate land available to rebury their ancestors. In some cases, there may be claims by tribal nations, but they are unable to take immediate possession due to not having land available for a proper reburial.″

The author contends that, ″the Legislature has passed various laws aimed at holding the California State University accountable when it comes to properly repatriating Native American remains and cultural items pursuant to NAGPRA and CalNAGPRA. In efforts to help facilitate the quick repatriation, AB 977 aims to address the issue of available land. In some cases, a tribal nation may have a claim on remains but they are unable to take immediate possession due to not having land available for a proper reburial. Our goal is to allow for a collaborative effort between tribes and the CSU system to identify three burial sites located in the northern, central, and southern regions of the state to help facilitate the reburial of the remains and cultural items. The bill would address inequities for the wrongs faced by Native American tribes and the remains that are currently being held at the CSU campuses.″

Arguments in Support

According to the Santa Rosa Rancheria Tachi Yokut Tribe, sponsors of this measure, ″AB 977 (Ramos) will require the CSU to consult with California Indian Tribes and conduct a public hearing to develop a policy to identify three burial sites on CSU land to facilitate the burial of human remains. The sites must be one each in the northern, central, and southern regions of the state.″

The Santa Rosa Rancheria Tachi Yokut Tribe contends that, ″this bill comes at the right time for the CSU. The Governor′s proposed 2025-26 Budget reduces funding for the CSU, which is likely to result in the downsizing of specific CSU campuses rather than across-the-board cuts at all campuses. The opportunity to participate in an act of restorative justice, and to honor California′s tribal ancestors – as an alternative to closure and shuttering – could be a silver lining to those campuses which face downsizing. For the three campuses chosen, California Indian Tribes will view the assignment as an honor″

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, one-time General Fund costs of up to approximately $485,000 to the CSU to conduct policy review and tribal consultations to identify land sites, environmental compliance and review, and establishment of conservation easements. This estimate does not include required land maintenance costs for identified parcels.

VOTES

ASM HIGHER EDUCATION: 10-0-0

YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: May 23, 2025

CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0000860

Date of Hearing: April 30, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 977

Author:(Ramos) – As Introduced Ver:February 20, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California State University (CSU) to develop a policy to identify available CSU-owned land for the burial of Native American human remains for the designation of three burial sites statewide, as specified, and to facilitate the burial of Native American human remains upon request.

Specifically, this bill requires the CSU to develop a policy identifying available burial sites on CSU-owned land, with one burial site in each of the northern, central, and southern regions of the state. The bill also requires the CSU to facilitate, upon request, the burial of Native American human remains repatriated to California at a burial site identified by this policy pursuant to either the federal NAGPRA or this bill. The bill states the CSU’s actions required by this bill are consistent with the California Native American Graves Protection and Repatriation Act of 2001 (CalNAGPRA) and existing relevant state law.

FISCAL EFFECT:

One-time General Fund costs of $2 million to $4 million dollars. Exact costs will depend on the size of the parcels identified for reburial and the number of tribes that would choose to utilize this option. This estimate does not include required land maintenance costs for identified parcels.

COMMENTS:

1. Purpose. According to the author:

The Legislature has passed various laws aimed at holding the California State University accountable when it comes to properly repatriating Native American remains and cultural items pursuant to NAGPRA and CalNAGPRA. In efforts to help facilitate the quick repatriation, AB 977 aims to address the issue of available land. In some cases, a tribal nation may have a claim on remains but they are unable to take immediate possession due to not having land available for a proper reburial. Our goal is to allow for a collaborative effort between tribes and the CSU system to identify three burial sites located in the northern, central, and southern regions of the state to help facilitate the reburial of the remains and cultural items. The bill would address inequities for the wrongs faced by Native American tribes and the remains that are currently being held at the CSU campuses.

1. Background.

NAGPRA and CalNAGPRA. The federal NAGPRA, enacted November 16, 1990, addresses the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museums and Federal agency collections.

According to the U.S. Department of the Interior, in the last 15 plus years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as “culturally unidentifiable.”

The CalNAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, CalNAGPRA established a 10 member appointed Repatriation Commission with authority to order repatriation, mediate disputes, issue subpoenas, and impose civil penalties. CalNAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects to complete, by January 1, 2003, an inventory of all items and specified information in facilitating the return of the objects.

The Legislature amended CalNAGPRA in 2018 in response to allegations from stakeholders that the UC had an inferior record of completed repatriations and that participation by tribes in the repatriation process had been limited.

California State Auditor (CSA) Audit. The CSA conducted an audit of the CSU’s compliance with federal NAGPRA and CalNAGPRA and found that, although the CSU Chancellor’s Office has recently taken some steps to support the CSU campuses’ repatriation efforts, the CSU Chancellor’s Office must take additional action to ensure that CSU campuses prioritize complying with federal NAGPRA and CalNAGPRA. In addition to finding several campuses noncompliant with various program requirements, the audit also found that campuses generally lack the policies, funding, and staffing necessary to follow the law and repatriate their collections. The CSU system has repatriated only 6% of its collections to tribes to date. The audit also found that guidance or oversight has not been provided by the CSU Chancellor’s Office to CSU campuses in order to ensure compliance with NAGPRA laws.

According to an update submitted to the Legislature in December, 2024, regarding the CSU’s progress towards achieving compliance, the CSU successfully repatriated more than half of the ancestral remains previously identified and increased cultural items identified in its systemwide collection from 692,400 to nearly two million, reflecting an increased focus on compliance with reporting and inventory procedures.

Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081

Date of Hearing: April 8, 2025

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 977 (

Author:Ramos) – As Introduced Ver:February 20, 2025

SUBJECT: California Native American Graves Protection and Repatriation Act of 2001: California State University: burial sites: human remains.

SUMMARY: Requires, as part of the California Native American Graves Protection and Repatriation Act of 2001 (CalNAGPRA), the California State University (CSU), in consultation with tribes, to develop a policy to identify available CSU owned land for the burial of Native American human remains and designate three burial sites statewide, as specified. Specifically, this bill:

1. Requires the CSU to develop a policy to identify available burial sites pursuant to (3) below, and designate three burial sites pursuant to (4) below.
2. Requires the CSU to conduct a public hearing, as specified.
3. Requires the CSU to identify land owned by the CSU in the northern, central, and southern regions of the state as available locations for the burial of Native American human remains.
4. Requires the CSU from the identified land as enumerated in (3) above, to designate three burial sites, with one burial site in the northern, central, and southern regions of the state.
5. Requires the CSU, following repatriation of Native American human remains to a California Indian tribe by the CSU pursuant to the federal NAGPRA or this measure, and upon request of the tribe, to, in consultation with the tribe and in accordance with the tribe’s rituals and customs, facilitate the burial of the human remains at a burial site designated as enumerated in (4) above.

EXISTING LAW:

Federal law.

1. Creates the NAGPRA of 1990, which, in part:
   1. Requires federal agencies and institutions, including museums that receive federal funding, to repatriate "cultural items" to lineal descendants and culturally-affiliated Indian tribes and Native Hawaiian organizations, as provided;
   2. Defines cultural items to include human remains, funerary objects, sacred objects, and objects of cultural patrimony, as specified;
   3. Declares that the Secretary of the Interior may assess civil penalties on museums that fail to comply;
   4. Establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands;
   5. Makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act, as provided; and,
   6. Establishes penalties for trafficking in remains or cultural items, including up to 12 months imprisonment and a $100,000 fine for first offender violations (Public Law 101- 601; 25 U.S.C. 3001-3013).

State law.

1. Establishes the CSU system, made of 23 campuses, and bestows upon the CSU Trustees, through the Board of Trustees, the power, duties, and functions with respect to the management, administration, and control of the CSU system (Education Code Section 66606 and 89030, et seq.).
2. Creates the CalNAGPRA, which, in part:
   1. Applies the state’s repatriation policy consistently with the NAGPRA;
   2. Facilitates the implementation of NAGPRA with respect to publicly funded agencies and museums in California;
   3. Encourages voluntary disclosure and return of Native American human remains and cultural items by a private institution or museum;
   4. Stipulates that an agency or museum receiving a repatriation request shall repatriate human remains and cultural items, as specified; and,
   5. Stipulates that if there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and cultural items originating from their state aboriginal territory or culturally affiliated with those tribal governments, the items may be repatriated to those groups (Health and Safety Code (HSC) Section 8010, et seq.).

FISCAL EFFECT: Unknown

COMMENTS: Purpose of the measure. According to the author, “currently, the CSU system is required to comply with various requirements regarding the repatriation of Native American remains and cultural items. This is in part to AB 389 (Ramos, Chapter 649, Statutes of 2023) based off a State Auditor report on the progress of the system. Although there has been some progress, a certain issue that arises with repatriation is that some tribes may not have the appropriate land available to rebury their ancestors. In some cases, there may be claims by tribal nations, but they are unable to take immediate possession due to not having land available for a proper reburial.”

The author contends that, “the Legislature has passed various laws aimed at holding the California State University accountable when it comes to properly repatriating Native American remains and cultural items pursuant to NAGPRA and CalNAGPRA. In efforts to help facilitate the quick repatriation, AB 977 aims to address the issue of available land. In some cases, a tribal nation may have a claim on remains but they are unable to take immediate possession due to not having land available for a proper reburial. Our goal is to allow for a collaborative effort between tribes and the CSU system to identify three burial sites located in the northern, central, and southern regions of the state to help facilitate the reburial of the remains and cultural items. The bill would address inequities for the wrongs faced by Native American tribes and the remains that are currently being held at the CSU campuses.”

Background on federal NAGPRA and CalNAGPRA. The federal NAGPRA was enacted on November 16, 1990, to address the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. In 1990, the Congressional Budget Office estimated that NAGPRA would apply to the remains of between 100,000 and 200,000 individuals in museums and Federal agency collections.

According to the U.S. Department of the Interior, in the last 15 plus years, museums and Federal agencies have announced their willingness to repatriate the remains of 31,093 individuals. Another 111,000 human remains were listed as “culturally unidentifiable.”

The federal NAGPRA assigned several implementation responsibilities to the Secretary of the Interior, including:

1. Promulgating implementing regulations;
2. Establishing and providing staff support to the Native American Graves Protection and Repatriation Review Committee;
3. Making grants to assist museums, Indian tribes, and Native Hawaiian organizations in fulfilling their responsibilities under the Act;
4. Extending inventory deadlines for museums that demonstrate a good faith effort;
5. Publishing notices for museums and Federal agencies in the Federal Register;
6. Assessing civil penalties on museums that fail to comply with provisions of the Act; and,
7. Responding to notices of inadvertent discoveries of Native American cultural items on Department of the Interior lands.

The CalNAGPRA, enacted in 2001, created a process whereby California Native Tribes could seek to repatriate human remains and objects from their cultural heritage from museums and custodial institutions. Additionally, CalNAGPRA established a 10 member appointed Repatriation Commission with authority to order repatriation, to mediate disputes, to issue subpoenas, and to impose civil penalties. Further, CalNAGPRA required any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects to complete, by January 1, 2003, an inventory of all items and specified information in facilitating the return of the objects.

The Legislature amended CalNAGPRA in 2018 in response to allegations from stakeholders that the UC had an inferior record of completed repatriations and that participation by tribes in the repatriation process had been limited.

California State Auditor (CSA) Audit. The CSA released its report on the CSU’s compliance with federal NAGPRA and CalNAGPRA on June 29, 2023. The audit found that, although the CSU Chancellor’s Office has recently taken some steps to support the CSU campuses’ repatriation efforts, the CSU Chancellor’s Office must take additional action to ensure that CSU campuses’ prioritize complying with federal NAGPRA and CalNAGPRA.

The audit surveyed all 23 CSU campuses and conducted further on-site reviews at four campuses: CSU Chico, Sacramento, San Diego, and San José. The Auditor found that of the 21 campuses with NAGPRA collections, more than half have not repatriated any remains or cultural items to tribes, and that two campuses that returned remains or cultural items did not follow NAGPRA requirements when returning remains or cultural items. Further, the audit found that more than half of the 21 CSU campuses do not yet know the extent of their collections of remains and cultural items, despite federal law requiring them to do so by late 1995.

Additionally, the audit found that campuses generally lack the policies, funding, and staffing necessary to follow the law and repatriate their collections. The CSU system has repatriated only 6% of its collections to tribes to date. The audit also found that guidance or oversight has not been provided by the CSU Chancellor’s Office to CSU campuses in order to ensure compliance with NAGPRA laws.

As a result of the aforementioned findings, the CSA issued recommendations to the Legislature and the CSU Chancellor’s Office. The CSA calls on the Legislature to require annual reporting from the CSU Chancellor’s Office on systemwide progress in reviewing its collections, consulting with tribes, and repatriating human remains and cultural items. The audit recommendations also directed the CSU Chancellor’s Office to do all of the following, in summary:

1. Monitor campus efforts to review their collections and require the completion of their inventories by December 2024.
2. Ensure that campuses properly consult with tribes regarding protocols for handling and identifying remains and cultural items, and issue a systemwide NAGPRA policy establishing consistent repatriation processes and training requirements in consultation with California tribes and the Native American Heritage Commission.
3. Establish a systemwide NAGPRA oversight committee by December 2023.
4. Implement a process for campuses to periodically report their repatriation activity to the systemwide oversight committee.
5. Require that campuses with more than 100 remains and cultural items also establish NAGPRA committees and have full-time, experienced repatriation coordinators by June 2024.
6. Formalize its administrative structure by assigning a dedicated position to directly oversee the work of the systemwide CalNAGPRA project manager.
7. Require each campus with NAGPRA collections to identify and estimate, by January 2024, the funding and other resources they need to complete repatriation in an appropriate and timely manner.
8. Identify and provide the required funding from existing systemwide or campus resources or seek additional funding from the Legislature to ensure that campuses have adequate funding to support their federal NAGPRA and CalNAGPRA activities.

Then CSU Interim Chancellor, Jolene Koester, responded to the audit findings, and stated in a letter, dated June 8, 2023, to the State Auditor, “the CSU intends to implement each recommendation made by your office as reflected in the audit report. Additionally, the Chancellor’s Office will finalize and implement a systemwide NAGPRA/CalNAGPRA policy, which includes appropriate oversight, that will be vetted through Tribal consultation, require annual campus reporting of NAGPRA/CalNAGPRA activity and progress, and ensure adequate funding and resources for NAGPRA/CalNAGPRA efforts.”

CSU NAGPRA and CalNAGPRA update. According to the April 2025 CSU NAGPRA/CalNAGPRA Update (Update), “the CSU is committed to the rightful return and repatriation of all Native American ancestral remains and cultural items by enforcing systemwide compliance of NAGPRA, CalNAGPRA, AB 389, and the recently updated Federal regulations. The CSU continues to establish its systems’ infrastructure and is building capacity at each university to ensure the State Auditor’s recommendations are implemented.”

Existing law, pursuant to AB 389 (Ramos), Chapter 649, Statutes of 2023, in part, requires the CSU to report to the Legislature on the progress each CSU campus has made in reviewing its collections of Native American ancestral remains and cultural items by December 31, 2024. In 2023 and 2024, each CSU campus received instructions from the CSU Chancellor’s Office to conduct thorough campus-wide searches for these items. As mandated by AB 389, in December a report was submitted to the legislature, outlining the progress each campus has made in reviewing its inventories.

According to the Update, “the 2023 state audit reported that CSU universities held 5,804 ancestral remains and 692,400 cultural items in their collections. The recently completed 2024 report to the Legislature indicated that CSU universities now hold 2,245 ancestral remains and nearly two million cultural items in their collections. The decrease of more than 2,600 ancestors is due in large part to five universities (Chico, Los Angeles, Sacramento, San Francisco, and Sonoma) having significant progress in repatriating both ancestral remains and cultural items to a variety of Tribes. The increase in cultural items reflects the success of the campus searches and systemwide compliance with reporting and inventory procedures.”

Committee Staff understands that as a way to enhance transparency and support connectivity between the Tribes and the CSU, the CSU Chancellor’s Office developed an interactive map that shows which campuses house collections from specific California counties. The map allows users to search either by campus or by county. The map is now live and available on the CSU’s NAGPRA website: CSU Campus Collections | CSU CalNAGPRA and NAGPRA.

Committee comments. Currently, the measure is open-ended and does not contain specific timelines and deadlines for the CSU to adhere. It is presently unclear as to what would be a reasonable deadline for the CSU to meet and develop a plan. Further, it is unclear as to when the CSU must hold a public hearing and identify land in the specified regions of the State.

Moving forward, the author, in concert with the CSU, may wish to provide specific and attainable timelines and deadlines in order to fully meet the desired goals and outcomes of this measure.

Arguments in support. According to the Santa Rosa Rancheria Tachi Yokut Tribe, sponsors of this measure, “AB 977 (Ramos) will require the CSU to consult with California Indian Tribes and conduct a public hearing to develop a policy to identify three burial sites on CSU land to facilitate the burial of human remains. The sites must be one each in the northern, central, and southern regions of the state.”

The Santa Rosa Rancheria Tachi Yokut Tribe contends that, “this bill comes at the right time for the CSU. The Governor’s proposed 2025-26 Budget reduces funding for the CSU, which is likely to result in the downsizing of specific CSU campuses rather than across-the-board cuts at all campuses. The opportunity to participate in an act of restorative justice, and to honor California’s tribal ancestors – as an alternative to closure and shuttering – could be a silver lining to those campuses which face downsizing. For the three campuses chosen, California Indian Tribes will view the assignment as an honor”

Prior legislation. AB 226 (Ramos), Chapter 639, Statutes of 2023, in part, urges the UC, on or before June 30, 2024, and annually thereafter, to report each campus of the UC’s progress towards completing repatriation pursuant to CalNAGPRA.

AB 389 (Ramos), Chapter 649, Statutes of 2023, in part, requires the CSU to comply with various requirements related to the handling, maintenance, and repatriation of Native American human remains and cultural items under CalNAGPRA.

SB 61 (Dodd) of 2023, which was held on the Suspense File in the Assembly Committee on Appropriations, in part, requires the UC Office of the President, as a condition for the use of state funds, to handle and maintain Native American human remains and cultural items, and must comply with various requirements regarding the repatriation of Native American human and cultural items, in addition to requirements already established by the CalNAGPRA.

AB 275 (Ramos), Chapter 167, Statutes of 2020, in part, revises the process for agencies to complete and review their inventories of collections of California Native American human remains and associated funerary objects for repatriation.

AB 1662 (Ramos and Gloria), Chapter 112, Statutes of 2019, adds an additional member from a California Tribe to the UC NAGPRA Implementation and Oversight Committee.

AB 2836 (Gloria), Chapter 823, Statutes of 2018, in part, requires the UC Regents to establish and support a systemwide UC NAGPRA Implementation and Oversight Committee, and for any campus subject to the federal NAGPRA, to establish a campus implementation committee.

AB 978 (Steinberg), Chapter 818, Statutes of 2001, in part, enacts the CalNAGPRA of 2001, to establish a process for repatriating Native American human remains and cultural items that are currently in the possession of any state or local agency or any museum that receives state funds.

REGISTERED SUPPORT / OPPOSITION:

Support

Habematolel Pomo of Upper Lake
Santa Rosa Rancheria Tachi Yokut Tribe (Sponsor)

Society for California Archaeology
Tule River Tribe

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960