STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1991, amended 1994
Summary: Maryland recently amended its preservation statutes to include provisions relating to human remains. The state claims jurisdiction over all sites on state lands. Article 83, §5-627(b) transfers human remains to the state under the jurisdiction of the Maryland Historical Trust. The Trust may transfer any human remains, including Native American, in its possession to an appropriate place of repose. If cultural affiliation can be established, the human remains and associated funerary objects will be transferred first to a lineal descendant and then to a culturally affiliated organization. The Trust must first consult with the Commission on Indian Affairs. Human remains not identified can be sent to a reputable museum or educational institution for one year of study. These remains are then returned to the Trust for disposition according to procedures on disposition of culturally unidentifiable materials developed with the Commission.
Online State Law Source: http://government.westlaw.com/mdcode/
Permitting: Excavation permits are issued through the Maryland Historic Trust.
Penalties: Anyone who violates the act is guilty of a misdemeanor with penalties ranging between fines of $1000 with costs and/or 30 days-2 years in jail and possible revocation of permit, if any.
Review/Consultation Committee: Must consult with the Commission on Indian Affairs.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Access to burial sites §14-121, Crimes Relating to Human Remains (Maryland Ann. Code Title 10, Subtitle 4, §10-401 through §10-404).
Return to State and Tribal Laws and Regulations Map
Provide feedback about this page by clicking here