On August 29, 2023, the California State Assembly convened a joint hearing of the Legislative Audit Committee and the Assembly Select Committee on Native American Affairs to address compliance issues surrounding the Native American Graves Protection and Repatriation Act (NAGPRA) and its state counterpart, Cal NAGPRA. The meeting highlighted significant shortcomings in the California State University (CSU) system's adherence to these laws, which are designed to protect Native American grave sites and facilitate the return of ancestral remains and cultural items to tribes.

Chairman Ramos and other committee members expressed concern over CSU's compliance with NAGPRA and Cal NAGPRA, particularly in light of a troubling incident at San Jose State University where a faculty member mishandled Native American remains. This incident, along with previous audits of the University of California system, prompted the committee to request a comprehensive audit of CSU's practices.

The audit revealed alarming findings: nearly 30 years after the federal deadline for compliance, twelve CSU campuses have yet to fully account for their collections. The survey indicated that approximately 700,000 items remain in CSU's possession, with many campuses citing a lack of prioritization and funding as barriers to completing their inventories. Notably, some campuses, such as Sacramento State, reported minimal staffing dedicated to NAGPRA compliance, which has hindered their progress.

Repatriation efforts have also lagged, with only one campus, Long Beach, successfully returning a significant portion of its identified collection. The audit found that the CSU system as a whole has repatriated just 6% of its collections, with many campuses reporting little to no activity in this area. Insufficient funding, staffing shortages, and poor communication between campus leadership and academic departments were identified as key obstacles.

The audit further highlighted compliance failures, including instances where campuses returned remains without proper public notice, violating both NAGPRA and Cal NAGPRA requirements. Some campuses did not consult with tribes before reviewing their collections, undermining the intent of the laws to ensure respectful treatment of Native American remains and cultural items.

Lastly, the audit pointed out that CSU campuses generally lack the necessary policies, funding, and staffing to support effective repatriation efforts. None of the campuses visited had established comprehensive repatriation policies, and only a fraction had committees that included Native American representatives to oversee compliance.

The findings from this meeting underscore the ongoing challenges faced by CSU in fulfilling its legal and ethical obligations to Native American communities. The committee's request for an audit aims to shed light on these issues and promote accountability within the CSU system. As discussions continue, the implications of these findings may lead to increased scrutiny and potential reforms to ensure that California's educational institutions honor their commitments to Native American heritage and rights.