US FederalWhat happens if human remains are found on federal land during construction?
If human remains are found on federal land during construction, work must stop immediately, and the discovery must be reported to the appropriate federal agency and, if Native American, to affiliated tribes under NAGPRA.
What the Law Says
The Native American Graves Protection and Repatriation Act (NAGPRA) governs the treatment of Native American human remains and cultural items discovered on federal or tribal lands. While 25 U.S.C. § 3001 is a definitions section, it establishes foundational terms critical to triggering NAGPRA’s procedural requirements — especially the definition of 'Native American' and 'cultural items'.
Under NAGPRA, 'Native American' means of, or relating to, a tribe, people, or culture that is indigenous to the United States, including Alaska and Hawaii. This definition determines whether discovered remains fall under NAGPRA’s protections.
The term 'cultural items' includes human remains, funerary objects, sacred objects, and objects of cultural patrimony — all of which are subject to specific handling, reporting, and repatriation rules when found on federal land.
Although § 3001 itself does not prescribe procedures, it enables enforcement of NAGPRA’s operational provisions (e.g., 25 U.S.C. §§ 3002–3003), which require immediate cessation of activity, notification, and consultation upon discovery.
Statutory Text'Native American' means of, or relating to, a tribe, people, or culture that is indigenous to the United States, including Alaska and Hawaii.
— 25 U.S.C. § 3001 — Definitions
Statutory Text'Cultural items' means human remains and associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony.
— 25 U.S.C. § 3001 — Definitions
What to Do
Immediately halt all ground-disturbing activity at the discovery site.
Notify the federal land manager (e.g., BLM, Forest Service, NPS) within 24 hours.
If remains appear Native American, notify the appropriate Tribal Historic Preservation Officer (THPO) or federally recognized tribe with potential cultural affiliation.
Cooperate with federal agencies and tribes to determine cultural affiliation and next steps (e.g., excavation, repatriation, reburial).
Do not disturb, remove, or possess remains or associated objects without authorization.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.