Nev. Admin. Code § 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.
Notes
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