Nevada Administrative Code
Chapter 381 - State Museums
Section 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:

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:

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:

7. As used in this section: