Native American Graves Protection and Repatriation Act FAQs

NAGPRA is a federal law enacted in 1990. It establishes a process for the return of Native American human remains and cultural items (funerary objects, sacred objects, and objects of cultural patrimony) to lineal descendants, federally recognized tribes, and Native Hawaiian organizations.

NAGPRA applies primarily to:

• federal agencies
• museums and institutions that receive federal funding

It also includes provisions governing the intentional excavation or inadvertent discovery of Native American human remains and cultural items on federal and tribal lands.

There are three broad categories of "cultural items" defined in NAGPRA:

• Funerary Objects - Objects that are reasonably believed to have been placed with a person's remains upon death as part of a funeral rite.
• Sacred Objects - Ritual objects needed by Native American religious leaders for the modern-day practice of traditional Native American religious rites.
• Objects of Cultural Patrimony -  Objects that are of such collective cultural importance to a tribe that they cannot be owned, bought, or sold by any individual.

MHT and other NAGPRA subject institutions must consult with federally recognized tribes and lineal descendants about the care of such cultural items in their collections.

MHT does not administer or enforce NAGPRA.

NAGPRA is implemented at the federal level by the National Park Service, in consultation with tribes and Native Hawaiian organizations. Questions regarding compliance, determinations, or disputes under NAGPRA should be directed to the National NAGPRA Program.

MHT may provide general information about state laws, cemetery protection, and best practices, but does not coordinate or oversee NAGPRA processes.

MHT (including the Maryland Archaeological Conservation Laboratory) is defined as a museum under NAGPRA and, thus, MHT consults with federally recognized tribes and lineal descendants about Native American human remains and cultural items in its care.

NAGPRA applies to:

• federal agencies
• museums and institutions that receive federal funding and have possession or control of Native American human remains and cultural items

Private landowners are generally not subject to NAGPRA. However, private landowners, state, and local agencies may be subject to NAGPRA if federal funding, permits, or lands are involved in a project that encounters Native American human remains or cultural items (as defined above).

Yes, but only in specific circumstances.

NAGPRA applies in Maryland when:

• Native American human remains or cultural items are located on federal land, or
• a federally funded museum or institution has possession or control of such human remains and cultural items

Discoveries made on land owned privately, by the state, or by local governments may be subject to NAGPRA depending on the funding or permitting history of a project or owner. In cases where NAGPRA does not come into play, other laws — such as Maryland burial and cemetery protection laws — may apply instead.

The appropriate steps depend on where the discovery occurs and the circumstances.

In general:

1. Stop all work immediately
2. Secure the area to prevent further disturbance
3. Notify local law enforcement to determine whether the remains are part of a forensic investigation

After law enforcement has responded, additional steps may be required depending on land ownership, funding sources, and applicable laws.

• On federal land, if there is a reasonable suspicion that the remains are Native American, NAGPRA procedures apply.
• On private or non-federal land, if the project that resulted in the discovery of remains received federal funds or permitting and there is a reasonable suspicion that the remains are Native American, NAGPRA procedures apply.
• Generally speaking, Maryland law governs the treatment of human remains discovered under other circumstances.

Additional guidance for private property owners and local jurisdictions is available below and on our Cemetery Laws in Maryland page.

If human remains are discovered on private property in Maryland:

1. Immediately notify local law enforcement
2. Do not disturb the remains
3. Follow all applicable state laws regarding burial sites and human remains

Property owners may also need to consult with state or local agencies depending on the situation.

Local governments, parks staff, and other land managers should:

1. Halt all ground-disturbing activity
2. Secure and protect the site
3. Notify law enforcement
4. Coordinate with appropriate authorities based on land ownership and jurisdiction

Additional coordination may be necessary if the remains are determined to be Native American or of archaeological significance.

MHT may be contacted for general guidance related to Maryland laws and cemetery protection, but does not direct NAGPRA compliance.

Federally recognized tribes play a central role in NAGPRA. The law requires consultation with tribes in:

• determining cultural affiliation of Native American human remains and cultural items (as defined above)
• decisions about excavation or removal of Native American human remains and cultural items
• determining the appropriate care of Native American human remains and cultural items
• repatriation of Native American human remains and cultural items

Consultation with federally recognized tribes is conducted by the responsible federal agency or museum.

For detailed information, guidance, and official regulations, visit the National NAGPRA Program administered by the National Park Service. Upon request, MHT can provide a more detailed FAQ document to Native American tribes and other interested parties.