Nevada Administrative Code
Chapter 381 - State Museums
Section 381.Sec. 16 - NEW

1. 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:

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:

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:

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.