If Native American remains are discovered during a construction project, does NAGPRA apply?
The excavation and inadvertent discovery provisions of NAGPRA apply only to Federal and tribal lands. Under NAGPRA, tribal lands are lands (including private lands) within the exterior boundaries of an Indian reservation. If the burial ground is not on Federal or tribal land, then the excavation and inadvertent discovery provisions of NAGPRA do not apply. However, other State and Federal cultural preservation laws may apply, and State or local cemetery laws may also apply. For information on other State and Federal cultural preservation laws, contact your State Historic Preservation Office. For details on the excavation and inadvertent discovery provisions of NAGPRA, go to Law and Regulations.
