NAGPRA and CEQA
NAGPRA and CalNAGPRA Consultation and Repatriation Request Procedure
The SDAC will consider, without prejudice, all NAGPRA and CalNAGPRA repatriation requests for human remains and cultural items in Center-titled accessioned collections submitted by federally recognized Tribes and lineal descendants.
Consultation and repatriation requests may be submitted to Cultural Resources Director Jessica McPheters at jmcpheters@sandiegoarchaeology.org. Written requests are preferred; however, the SDAC will accept verbal requests and document them in writing.
The SDAC’s authorized NAGPRA representatives are the Executive Director and Cultural Resources Director.
For questions regarding consultation or repatriation, please contact Jessica McPheters at jmcpheters@sandiegoarchaeology.org or 760-291-0370.
Native American Graves Protection and Repatriation Act (NAGPRA) and CalNAGPRA Compliance
The San Diego Archaeological Center (SDAC) is committed to the respectful stewardship and repatriation of Native American human remains and cultural items in accordance with applicable federal and California law, including the Native American Graves Protection and Repatriation Act (NAGPRA) and California Native American Graves Protection and Repatriation Act (CalNAGPRA). Meaningful consultation with Tribal Nations and lineal descendants, as applicable, informs SDAC’s policies, practices, and approach to the care and repatriation of cultural materials.
SDAC recognizes and respects the sovereignty of Tribal Nations and the rights of Indigenous peoples to maintain, protect, and control their cultural heritage. We are committed to conducting our work in a manner consistent with this principle.
SDAC will comply with all applicable legal requirements governing the treatment, consultation, documentation, and repatriation of Native American human remains and cultural items, including associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined by applicable law. The applicable legal requirements will be evaluated based on the circumstances and characteristics of each collection and in consultation with the appropriate Tribal Nations and lineal descendants, as applicable.
SDAC recognizes that Tribal Nations are sovereign governments and that Indigenous communities possess knowledge, cultural authority, and expertise concerning their ancestors, cultural traditions, places, and belongings. We therefore approach consultation as an essential and substantive component of the repatriation process—not simply as an administrative requirement.
The SDAC respects the many Tribal Nations whose ancestors’ cultural belongings and cultural resources are represented in collections under our care. We are committed to working collaboratively and in good faith with Tribal Nations and lineal descendants to support culturally appropriate stewardship, meaningful consultation, and the timely repatriation of cultural items and human remains.
Duty of Care
On January 12, 2024, the Department of the Interior introduced updated regulations for the implementation of NAGPRA. These regulations include new “duty of care” requirements that requires the SDAC to care for, safeguard, and preserve ancestors, funerary belongings, and cultural items. The SDAC must consult with Tribal Nations and make a reasonable and good faith effort to incorporate and accommodate Native American traditional knowledge in these activities. Free, prior, and informed consent is required prior to allowing any exhibition of, access to, and research on ancestors, funerary items, and cultural items.
These updated regulations are in line with the SDAC’s broader commitment to the ethical stewardship of all collections and cultural resources in our care.
The SDAC has never exhibited ancestral remains. Exhibitions are always discussed during Tribal consultations, and many cultural items have been removed from display over time at Tribal request. With the updated NAGPRA regulations, the SDAC has removed all possible funerary belongings off display in anticipation of consultation with Tribal Nations.
Research
In 2024, the SDAC introduced a research policy that requires written authorization from authorized Tribal representatives, with the goal of encouraging knowledge generation in a manner founded on respect for, and in partnership with, sovereign Tribal Nations.
Further information on access to collections for research can be found on the Research page.
Funding
In 2024, the SDAC received the NAGPRA Consultation and Documentation grant, allowing the SDAC to reimburse Tribal representatives for their time and relieve some of the burdens that are incurred with consultation activities. The SDAC has received an extension for this grant, and funding is available through October 2027, or until all funds are used. For questions regarding consultation funding, please contact Jessica McPheters at jmcpheters@sandiegoarchaeology.org or 760-291-0370.
California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) establishes a framework for evaluating and addressing the environmental impacts of projects in California, including impacts to archaeological and other cultural resources.
The SDAC supports the preservation of California’s archaeological heritage by providing long-term curation and collections management for archaeological materials generated through CEQA-related projects. Through our curation services, the SDAC helps preserve archaeological collections and their associated records for future research, education, and stewardship.
The SDAC serves as a curation resource for federal, state, and local government agencies, as well as private organizations and cultural resources professionals. Our collections management practices support the long-term preservation and accessibility of California’s archaeological record.
For more information about CEQA, visit the California Attorney General’s CEQA website.
See also our Collections Management Policy.