Section 381.Sec. 15 - NEW1. Upon receiving an application for a Nevada Indian Burial Site Permit or for the renewal of a Nevada Indian Burial Site Permit and before issuing a Nevada Indian Burial Site Permit pursuant to section 16 or renewing a Nevada Indian Burial Site Permit pursuant to section 19 and, at the discretion of the Museum Director, throughout the process for obtaining or renewing a Nevada Indian Burial Site Permit, as applicable, the Museum Director will: (a) Provide notice to and consult with each applicable Indian tribe in the manner provided by NRS 381.0066; and(b) Seek to ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated in the permitting process, including, without limitation, providing a disclosure to the applicable Indian tribe which indicates that each tribe has the right to have their values, beliefs and traditions fully considered in the permitting process.2. To determine if an Indian tribe is an applicable Indian tribe for the purposes of subsection 1, the Museum Director will determine which Indian tribe or Indian tribes have the closest cultural affiliation to the site in the manner provided by NRS 381.0067.3. If the Indian tribes that have the closest cultural affiliation are located in a neighboring state or have ancestral land located in a neighboring state, the Museum Director will: (a) Provide notice to and consult with each applicable Indian tribe in the manner provided by NRS 381.0066; and(b) Seek to ensure that the values, beliefs and traditions of each applicable Indian tribe are fully considered and incorporated in the permitting process, including, without limitation, providing a disclosure to each applicable Indian tribe which indicates that each tribe has the right to have their values, beliefs and traditions fully considered in the permitting process.4. When consulting with the applicable Indian tribe pursuant to this section, the consultation may vary based on the Indian tribe and the preferences of the Indian tribe. In such consultations, the authorized tribal representative may act on behalf of the Indian tribe and the Museum Director may act on behalf of this State. When performing such consultations, the Museum Director or his or her designee will ask the applicable Indian tribe to provide to the Museum Director, the applicant and the owner of the private land on which the prehistoric Indian burial site is located:(a) If the Indian tribe has a Tribal Historic Preservation Officer, a list that includes the Tribal Historic Preservation Officer and any other authorized tribal representatives who may act on behalf of the Indian tribe during the excavation on private land; and(b) If the Indian tribe does not have a Tribal Historic Preservation Officer, a list of authorized tribal representatives who may act on behalf of the Indian tribe during the excavation on private land.5. If the Indian tribe has a Tribal Historic Preservation Officer, the Tribal Historic Preservation Officer is the authorized tribal representative for the Indian tribe. If the Indian tribe does not have a Tribal Historic Preservation Officer or if the Tribal Historic Preservation Officer is unavailable to act as the authorized tribal representative, the authorized tribal representative is the person who is:(a) Included on the list provided in subsection 4; and(b) Identified by the Museum Director pursuant to subsection 6.6. If the Indian tribe does not have a Tribal Historic Preservation Officer or if the Tribal Historic Preservation Officer is unavailable to act as the authorized tribal representative, the Museum Director or his or her designee will identify the person from the list provided pursuant to subsection 4 who will act as the authorized tribal representative for the excavation for which a Nevada Indian Burial Site Permit is issued. If the person who is identified to act as the authorized tribal representative becomes unavailable during the excavation for which a Nevada Indian Burial Site Permit is issued, the Museum Director or his or her designee will identify another person from the list who will act as the authorized tribal representative. Upon identifying the person to act as the authorized tribal representative, the Museum Director will forward the information of the authorized tribal representative to the applicant and the owner of the private land on which the prehistoric Indian burial site is located.7. To ensure that the values, beliefs and traditions of each applicable Indian tribe are fully considered and incorporated pursuant to paragraph (b) of subsection 1 and paragraph (b) of subsection 3, the Museum Director will incorporate any information or requests from each applicable Indian tribe unless a compelling circumstance prevents such incorporation. If a compelling circumstance prevents such incorporation, the Museum Director or his or her designee will: (a) Consult with the applicable Indian tribe; and(b) After consulting with the applicable Indian tribe pursuant to paragraph (a), provide to each applicable Indian tribe a written explanation that explains why such information or requests were not incorporated.8. If an applicable Indian tribe fails to respond to the Museum Director after receiving notice pursuant to this section, the Museum Director will not construe such failure to respond as consent to the issuance or renewal of a Nevada Indian Burial Site Permit. Such failure to respond does not require the Museum Director to issue or renew a Nevada Indian Burial Site Permit.9. As used in this section, "neighboring state" means Arizona, California, Idaho, Oregon and Utah.Nev. Admin. Code § 381.Sec. 15
Added to NAC by Div. of Museums & Hist. by R061-19A, eff. 6/13/2022