Section 383.170 - Procedure upon discovery of Indian burial site; permissible excavation; treatment of prehistoric native Indian human remains and funerary objects; exceptions1. Except as otherwise provided in subsections 2 and 3:(a) A person who disturbs the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity such as construction, mining, logging or farming or any other person who discovers the cairn or grave of a native Indian that has not been previously reported to the Office shall immediately report the discovery and the location of the Indian burial site to the Office.(b) Upon receiving a report pursuant to paragraph (a), the Office shall immediately notify, in writing, and initiate consultation with any Indian tribe: (1) Who is or is likely to be culturally affiliated with the Indian burial site;(2) On whose aboriginal lands the Indian burial site was discovered; or(3) Who is reasonably known to have a direct cultural relationship to the Indian burial site.(c) The written notice must include a proposed time and place for the consultation with the Office.(d) Except as otherwise provided in paragraph (e), within 10 days after the notice is given by the Office, the landowner shall consult with the Indian tribe which has the closest cultural affiliation to the Indian burial site, as determined by the Office, concerning the treatment and disposition of the site and all artifacts and human remains associated with the site. The Indian tribe may, with the permission of the landowner, inspect the site. Within 10 days after the inspection, if any, the Indian tribe may recommend an appropriate means for the treatment and disposition of the site and all artifacts and human remains associated with the site. Those recommendations may include, without limitation, that any human remains or artifacts associated with the site are: (2) Reinterred at another location that is determined in consultation with the Indian tribe which has the closest cultural affiliation to the human remains or artifacts associated with the site; or(3) Returned to the closest culturally affiliated Indian tribe, in accordance with the repatriation process adopted pursuant to NRS 383.440, if a request for repatriation is made. Within 10 days after receiving the recommendations, if any, for the treatment and disposition of the site and all artifacts and human remains associated with the site, the landowner may appeal the recommendations to the Office.
(e) Failure of an Indian tribe to respond within 10 days after notice has been given to the Indian tribe pursuant to paragraph (b) shall be deemed a waiver of the requirement for consultation with the Indian tribe.(f) If the Indian burial site is located on private land and: (1) The Office fails to identify the closest culturally affiliated Indian tribe or consultation with the closest culturally affiliated Indian tribe is waived pursuant to paragraph (e); or(2) The landowner rejects the recommendation made pursuant to paragraph (d) and mediation conducted pursuant to NRS 383.160 fails to provide measures acceptable to the landowner, the landowner shall, at his or her own expense, reinter with appropriate dignity all artifacts and human remains associated with the site in a location not subject to further disturbance.
(g) If the Indian burial site is located on public land and action is necessary to protect the burial site from immediate destruction, the Office may cause a professional archeologist to excavate the site and remove all artifacts and human remains associated with the site for subsequent reinterment, under the supervision of the closest culturally affiliated Indian tribe, if any.(h) Any other excavation of an Indian burial site may be conducted only:(1) By a professional archeologist;(2) After written notification to the Administrator; and(3) With the prior written consent of the closest culturally affiliated Indian tribe, if any. Failure of an Indian tribe to respond to a request for permission within 60 days after its mailing by certified mail, return receipt requested, shall be deemed consent to the excavation. All artifacts and human remains removed during such an excavation must be reinterred under the supervision of the closest culturally affiliated Indian tribe, if any, except that the Indian tribe may, by explicit written consent, authorize the public display of a particular artifact if the public display is respectful, as determined in consultation with the Indian tribe. The archeologist, closest culturally affiliated Indian tribe, if any, and landowner shall negotiate an agreement to determine who will pay the expenses related to the interment.
(i) The Office shall determine which Indian tribe has the closest cultural affiliation to an Indian burial site and all artifacts and human remains associated with the site.(j) Prehistoric native Indian human remains or funerary objects discovered at an Indian burial site: (1) Must not be subjected to scientific study unless the Office reasonably determines that scientific study is necessary for the limited purpose of determining which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects; and(2) Must not be separated when the prehistoric native Indian human remains and funerary objects are reinterred.(k) Nondestructive analysis on any other artifacts removed from an Indian burial site may be conducted only with the explicit written consent of the closest culturally affiliated Indian tribe, if any.2. The provisions of subsection 1 do not apply, with respect to prehistoric Indian burial sites, to a permit issued pursuant to NRS 381.196.3. The provisions of subsection 1 do not apply, with respect to prehistoric native Indian human remains or funerary objects, if the person who disturbed the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity is subject to an existing agreement with: (a) The closest culturally affiliated Indian tribe that relates to the discovery of prehistoric native Indian human remains or a funerary object; or(b) A federal agency that was executed pursuant to federal law and that relates to the discovery of prehistoric native Indian human remains or a funerary object.Added to NRS by 1989, 574; A 1993, 928, 1594; 1995, 579; 2017, 3545Amended by 2017, Ch. 523,§33, eff. 7/1/2018.Added to NRS by 1989, 574; A 1993, 928, 1594; 1995, 579