Native American Graves Protection and Repatriation Act (NAGPRA) FAQs

NAGPRA is a federal law enacted in 1990. It establishes a process for the return of Native American human remains, 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.

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.

NAGPRA applies to:

• Federal agencies
• Museums and institutions that receive federal funding and have possession or control of Native American cultural items

Private landowners and state or local agencies are generally not subject to NAGPRA unless federal funding, permits, or lands are involved.

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 items

For discoveries on private, state, or local land, 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 and applicable laws.

• On federal land, NAGPRA procedures apply.
• On private or non-federal land, Maryland law governs the treatment of human remains.

Additional guidance for private property owners and local jurisdictions is available below.

If human remains are discovered on private property in Maryland:

• Immediately notify local law enforcement
• Do not disturb the remains
• 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
• Decisions about excavation or removal
• Repatriation of human remains and cultural items

Consultation 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.