Nev. Admin. Code § 381.Sec. 12

Current through October 11, 2024

Section 381.Sec. 12 - NEW

1. For the purpose of establishing a repatriation process to carry out the provisions of paragraph (c) of subsection 4 of NRS 381.207, if any of the articles, implements or materials found or discovered during the work described in NRS 381.207 are prehistoric native Indian human remains or funerary objects, the Museum Director or his or her designee will:

(a) Provide notice to and consult with each applicable Indian tribe as required pursuant to NRS 381.207; and

(b) Seek to ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated in the consultation and repatriation process.

2. For the purpose of establishing a repatriation process to carry out the provisions of paragraph (c) of subsection 2 of NRS 381.223, if any object of antiquity or collection seized pursuant to NRS 381.223 is prehistoric native Indian human remains or a funerary object, the Museum Director or his or her designee will:

(a) Provide notice to and consultation with each applicable Indian tribe as required pursuant to NRS 381.223; and

(b) Seek to ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated in the consultation and repatriation process.

3. To ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated pursuant to paragraph (b) of subsection 1 and paragraph (b) of subsection 2, the Museum Director or his or her designee will incorporate any information or requests from the 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 the applicable Indian tribe a written explanation that explains why such information or requests were not incorporated.

Nev. Admin. Code § 381.Sec. 12

Added to NAC by Div. of Museums & Hist. by R061-19A, eff. 6/13/2022

NRS 381.0069, 381.207, 381.223