Section 381.Sec. 17 - NEW1. A person to whom a Nevada Indian Burial Site Permit is issued pursuant to section 16 shall: (a) Handle any native Indian human remains or other cultural item of an Indian tribe in the manner determined by the applicable Indian tribe pursuant to paragraph (b) of subsection 4.(b) Ensure that during the excavation of the prehistoric Indian burial site, any native Indian human remains or other cultural item of an Indian tribe excavated at the site is treated with dignity and respect, as determined by the applicable Indian tribe, at all times.(c) As determined by the Museum Director in consultation with the applicable Indian tribes, avoid any unnecessary disturbance, physical modification or separation of native Indian human remains or other cultural item of an Indian tribe.(d) When native Indian human remains or other cultural item of an Indian tribe are found during the excavation and if the authorized tribal representative is not present, notify the Museum Director or his or her designee. The Museum Director, or his or her designee, will notify the authorized tribal representative and provide 7 calendar days for the authorized tribal representative to respond and notify the Museum Director, or his or her designee, whether, pursuant to subsection 3, the authorized tribal representative will inspect or review the native Indian human remains or other cultural item of the Indian tribe or conduct a ceremony or other activity used to express condolences at the excavation site, in accordance with the values, beliefs and traditions of the applicable Indian tribe, or both.(e) Ensure that the excavation site is secured and not disturbed by the public during the excavation.(f) Pursuant to the approved archaeological treatment plan for the proposed excavation of the prehistoric Indian burial site required by paragraph (c) of subsection 1 of section 16, repatriate to the closest culturally affiliated Indian tribe, as determined in the manner set forth in NRS 381.0067, any native Indian human remains or other cultural item of an Indian tribe as soon as possible after the remains or item is excavated. If the remains or item cannot be repatriated, the person to whom a Nevada Indian Burial Site Permit is issued pursuant to section 16 shall ensure that any native Indian human remains are buried pursuant to the burial plan for native Indian human remains required by subsection 3 of section 16.2. The person to whom a Nevada Indian Burial Site Permit is issued pursuant to section 16 shall not: (a) Unless otherwise requested by the authorized tribal representative, collect any sediments in direct contact with native Indian human remains or any soil samples from the excavation site.(b) Unless otherwise requested by the authorized tribal representative, use destructive analysis on any native Indian human remains or other cultural item of an Indian tribe.(c) Violate paragraph (b) of subsection 3 of NRS 383.180 by publicly displaying or exhibiting native Indian human remains, except during a funeral ceremony.(d) Unless disclosure is otherwise authorized pursuant to 16 U.S.C. § 470hh(a) or disclosure is necessary to conduct the excavation, as determined by the Museum Director in consultation with the applicable Indian tribe, make available to the public information concerning the nature and location of the excavation site or any native Indian human remains or other cultural item of an Indian tribe found at the excavation site.3. The authorized tribal representative, upon receiving the notification pursuant to paragraph (d) of subsection 1, may: (a) Inspect and review native Indian human remains or other cultural item of an Indian tribe at the excavation site in situ for the purpose of identifying native Indian human remains or other cultural item of an Indian tribe.(b) Notify the Museum Director, or his or her designee, that the authorized tribal representative wishes to conduct a ceremony or other activity used to express condolences, in accordance with the values, beliefs and traditions of the Indian tribe. The Museum Director, or his or her designee, will notify the owner of the private land on which the prehistoric Indian burial site is located and, upon obtaining the consent of the owner of the private land on which the excavation is being conducted, notify the authorized tribal representative that he or she may conduct the ceremony or other activity at the excavation site, in accordance with the values, beliefs and traditions of the applicable Indian tribe.4. The applicable Indian tribe: (a) May, with the consent of the owner of the private land on which the prehistoric Indian burial site is located, station an observer at the excavation site during the excavation of the prehistoric Indian burial site. If the owner of the land on which the prehistoric Indian burial site is located consents, the applicable Indian tribe may charge the owner of the land for the costs incurred by the applicable Indian tribe to pay the observer.(b) Shall, before the excavation begins, determine, in consultation with the person to whom a Nevada Indian Burial Site Permit is issued pursuant to section 16, how native Indian human remains or other cultural item of an Indian tribe are to be handled during the excavation.Nev. Admin. Code § 381.Sec. 17
Added to NAC by Div. of Museums & Hist. by R061-19A, eff. 6/13/2022