Nev. Admin. Code § 381.Sec. 11.1 - NEW
1. To
determine if abandoned property is native Indian human remains or another
cultural item of an Indian tribe for the purposes of subsection 4 of
NRS
381.009, the Administrator or his or her
designee will employ a qualified specialist to determine if the abandoned
property is native Indian human remains or another cultural item of an Indian
tribe.
2. A qualified specialist
may use destructive analysis only as a last resort, as determined by the
Administrator or his or her designee in consultation with the applicable Indian
tribes, in making his or her determination pursuant to subsection 1.
3. For the purpose of establishing a
repatriation process pursuant to paragraph (c) of subsection 4 of
NRS
381.009, if the abandoned property is
determined to be native Indian human remains or another cultural item of an
Indian tribe pursuant to subsection 1, the Administrator or his or her designee
will:
(a) Provide notice to and consult with
each applicable Indian tribe as required pursuant to
NRS
381.009;
(b) Follow the repatriation process set forth
in 25 U.S.C. §
3001, et seq.; and
(c) 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.
4. To fully consider and incorporate the
values, beliefs and traditions of the applicable Indian tribe pursuant to
paragraph (c) of subsection 3, the Administrator 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 Administrator 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. The repatriation process described in
subsection 3 divests the Division of title to the abandoned property, including
literary rights, in the native Indian human remains or another cultural item of
an Indian tribe.
6. If the
abandoned property is determined not to be native Indian human remains or
another cultural item of an Indian tribe pursuant to subsection 1, the
Administrator or his or her designee may:
(a)
Allow the abandoned property to become part of the collection of a museum;
or
(b) Otherwise handle the
property in accordance with the policies approved by the Division.
7. As used in this section:
(a) "Cultural item" has the meaning ascribed
to it in
NRS
381.009.
(b) "Qualified specialist" means a person who
satisfies the applicable Professional Qualifications Standards promulgated by
the Secretary of the Interior's Standards and Guidelines for Archeology and
Historic Preservation that are available at the Internet address
https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf.
Notes
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