Nev. Admin. Code § 381.Sec. 15 - NEW
1. Upon
receiving an application for a Nevada Indian Burial Site Permit or for the
renewal of a Nevada Indian Burial Site Permit and before issuing a Nevada
Indian Burial Site Permit pursuant to section 16 or renewing a Nevada Indian
Burial Site Permit pursuant to section 19 and, at the discretion of the Museum
Director, throughout the process for obtaining or renewing a Nevada Indian
Burial Site Permit, as applicable, the Museum Director will:
(a) Provide notice to and consult with each
applicable Indian tribe in the manner provided by
NRS
381.0066; and
(b) Seek to ensure that the values, beliefs
and traditions of the applicable Indian tribe are fully considered and
incorporated in the permitting process, including, without limitation,
providing a disclosure to the applicable Indian tribe which indicates that each
tribe has the right to have their values, beliefs and traditions fully
considered in the permitting process.
2. To determine if an Indian tribe is an
applicable Indian tribe for the purposes of subsection 1, the Museum Director
will determine which Indian tribe or Indian tribes have the closest cultural
affiliation to the site in the manner provided by
NRS
381.0067.
3. If the Indian tribes that have the closest
cultural affiliation are located in a neighboring state or have ancestral land
located in a neighboring state, the Museum Director will:
(a) Provide notice to and consult with each
applicable Indian tribe in the manner provided by
NRS
381.0066; and
(b) Seek to ensure that the values, beliefs
and traditions of each applicable Indian tribe are fully considered and
incorporated in the permitting process, including, without limitation,
providing a disclosure to each applicable Indian tribe which indicates that
each tribe has the right to have their values, beliefs and traditions fully
considered in the permitting process.
4. When consulting with the applicable Indian
tribe pursuant to this section, the consultation may vary based on the Indian
tribe and the preferences of the Indian tribe. In such consultations, the
authorized tribal representative may act on behalf of the Indian tribe and the
Museum Director may act on behalf of this State. When performing such
consultations, the Museum Director or his or her designee will ask the
applicable Indian tribe to provide to the Museum Director, the applicant and
the owner of the private land on which the prehistoric Indian burial site is
located:
(a) If the Indian tribe has a Tribal
Historic Preservation Officer, a list that includes the Tribal Historic
Preservation Officer and any other authorized tribal representatives who may
act on behalf of the Indian tribe during the excavation on private land;
and
(b) If the Indian tribe does
not have a Tribal Historic Preservation Officer, a list of authorized tribal
representatives who may act on behalf of the Indian tribe during the excavation
on private land.
5. If
the Indian tribe has a Tribal Historic Preservation Officer, the Tribal
Historic Preservation Officer is the authorized tribal representative for the
Indian tribe. If the Indian tribe does not have a Tribal Historic Preservation
Officer or if the Tribal Historic Preservation Officer is unavailable to act as
the authorized tribal representative, the authorized tribal representative is
the person who is:
(a) Included on the list
provided in subsection 4; and
(b)
Identified by the Museum Director pursuant to subsection 6.
6. If the Indian tribe does not
have a Tribal Historic Preservation Officer or if the Tribal Historic
Preservation Officer is unavailable to act as the authorized tribal
representative, the Museum Director or his or her designee will identify the
person from the list provided pursuant to subsection 4 who will act as the
authorized tribal representative for the excavation for which a Nevada Indian
Burial Site Permit is issued. If the person who is identified to act as the
authorized tribal representative becomes unavailable during the excavation for
which a Nevada Indian Burial Site Permit is issued, the Museum Director or his
or her designee will identify another person from the list who will act as the
authorized tribal representative. Upon identifying the person to act as the
authorized tribal representative, the Museum Director will forward the
information of the authorized tribal representative to the applicant and the
owner of the private land on which the prehistoric Indian burial site is
located.
7. To ensure that the
values, beliefs and traditions of each applicable Indian tribe are fully
considered and incorporated pursuant to paragraph (b) of subsection 1 and
paragraph (b) of subsection 3, the Museum Director will incorporate any
information or requests from each 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 each applicable
Indian tribe a written explanation that explains why such information or
requests were not incorporated.
8. If an applicable Indian tribe fails to
respond to the Museum Director after receiving notice pursuant to this section,
the Museum Director will not construe such failure to respond as consent to the
issuance or renewal of a Nevada Indian Burial Site Permit. Such failure to
respond does not require the Museum Director to issue or renew a Nevada Indian
Burial Site Permit.
9. As used in
this section, "neighboring state" means Arizona, California, Idaho, Oregon and
Utah.
Notes
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