Section 381.Sec. 16 - NEW1. Except as otherwise provided in subsection 3, after providing notice to and consulting with each applicable Indian tribe pursuant to section 15, the Museum Director may issue a Nevada Indian Burial Site Permit pursuant to NRS 381.196, as amended by section 1 of Assembly Bill No. 103, chapter 234, Statutes of Nevada 2021, at page 1087, to an archaeologist or archaeological company that: (a) Submits an application on the form provided by the Museum Director;(b) Possesses sufficient knowledge and scientific training to excavate a prehistoric Indian burial site and such knowledge and training is at least as sufficient as required by paragraph (c) of subsection 1 of NRS 381.203 for a Nevada Antiquities Permit; and(c) Possesses an archaeological treatment plan for the proposed excavation of the prehistoric Indian burial site that is approved by the Museum Director.2. Before approving an archaeological treatment plan required pursuant to paragraph (c) of subsection 1, the Museum Director will consult with the closest culturally affiliated Indian tribe, as determined in the manner set forth in NRS 381.0067. The Indian tribe must submit any proposed changes to the archaeological treatment plan not later than 30 days after the Museum Director consults with the Indian tribe.3. The approved archaeological treatment plan for the proposed excavation that is required pursuant to paragraph (c) of subsection 1 must include, without limitation, a plan for the repatriation of native Indian human remains or other cultural item of an Indian tribe found or discovered during the excavation and, if such items cannot be repatriated, a burial plan for the native Indian human remains. The plan for repatriation must:(a) Follow the repatriation process set forth in 25 U.S.C. § 3001, et seq.; and(b) Seek to ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated in the repatriation process.4. To ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated in the repatriation process pursuant to paragraph (b) of subsection 3, the Museum Director will incorporate any information or requests received 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.5. A Nevada Indian Burial Site Permit may not be issued pursuant to this section unless the owner of the private land on which the prehistoric Indian burial site is located consents to the excavation.Nev. Admin. Code § 381.Sec. 16
Added to NAC by Div. of Museums & Hist. by R061-19A, eff. 6/13/2022