[Rev. 11/2/2026 2:44:21 PM]
[NAC-381 Revised Date: 10-26]
GENERAL PROVISIONS
381.010 Definitions.
381.015 “Destructive analysis” defined.
381.025 “Indian tribe” defined.
381.045 “Values, beliefs and traditions of the applicable Indian tribe” defined.
USE AND OPERATION OF STATE-OWNED TRAINS AND RELATED FIXTURES
381.050 Requirements for use and operation of certain equipment at Nevada State Railroad Museum.
381.060 Review and updating of Safety Rules and General Operating Rules for certain equipment.
ACQUISITION OR REPATRIATION OF ABANDONED PROPERTY HELD BY INSTITUTION OF DIVISION
381.100 Definitions.
381.110 “Abandoned property” defined.
381.120 “Federal property” defined.
381.130 “State property” defined.
381.140 “Tribal property” defined.
381.150 Applicability.
381.160 Determination by qualified specialist whether certain abandoned property is native Indian human remains or cultural item of Indian tribe; process for repatriation or other disposition based upon such determination.
PRESERVATION OF PREHISTORIC AND HISTORIC SITES
General Provisions
381.200 Definitions.
381.210 “Authorized tribal representative” defined.
381.220 “Cultural item” defined.
381.230 “Nevada Antiquities Permit” defined.
381.240 “Nevada Indian Burial Site Permit” defined.
381.250 “Tribal Historic Preservation Officer” defined.
Permits
381.260 Nevada Antiquities Permit: Conditions for issuance.
381.270 Nevada Antiquities Permit: Application; qualifications for designation as principal investigator and field director; renewal; period for review of application.
381.280 Nevada Indian Burial Site Permit: Conditions for issuance.
381.290 Nevada Indian Burial Site Permit: Duty of Museum Director upon receipt of application for prehistoric Indian burial site not recorded on certain inventory maintained by Office of Historic Preservation.
381.300 Nevada Indian Burial Site Permit: Notice to, consultation with and incorporation of values, beliefs and traditions of applicable Indian tribe required during process for issuance or renewal.
381.310 Nevada Indian Burial Site Permit: Application; requirements for issuance.
381.320 Nevada Indian Burial Site Permit: Appeal of issuance or denial.
381.330 Nevada Indian Burial Site Permit: Terms and conditions; prohibitions.
381.340 Nevada Indian Burial Site Permit: Imposition of additional terms and conditions authorized in certain circumstances.
381.350 Nevada Indian Burial Site Permit: Period of validity; renewal.
381.360 Nevada Indian Burial Site Permit: Conditions for rendering void.
381.370 Revocation of permit: Grounds; notice; cessation of work; hearing; appeal; action by Museum Director; recovery of attorney’s fees and costs.
Miscellaneous Provisions
381.380 Repatriation process for prehistoric native Indian human remains or funerary objects discovered or seized on federal or state lands.
Enforcement
381.390 Reporting of excavation performed without Nevada Indian Burial Site Permit.
GENERAL PROVISIONS
REVISER’S NOTE.
Pursuant to the provisions of NRS 0.024, former NAC 381.020, 381.030 and 381.040 contained definitions that were deemed duplicative of those set forth in NRS 381.001 and were removed from chapter 381 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:
“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”
NAC 381.010 Definitions. (NRS 233B.040, 381.0061, 381.0069, 381.009) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 381.015, 381.025 and 381.045 have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Museums & Hist. by R086-06, eff. 6-1-2006)
NAC 381.015 “Destructive analysis” defined. (NRS 233B.040, 381.0069, 381.009) “Destructive analysis” means an analysis performed using scientific or technological techniques to evaluate the properties of a material, component or system that may cause damage to the material, component or system. Such analysis includes, without limitation, a test that uses deoxyribonucleic acid extracted from the cells of a person.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022 and by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.025 “Indian tribe” defined. (NRS 233B.040, 381.0069, 381.009) “Indian tribe” has the meaning ascribed to it in NRS 383.011.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022 and by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.045 “Values, beliefs and traditions of the applicable Indian tribe” defined. (NRS 233B.040, 381.0069, 381.009) “Values, beliefs and traditions of the applicable Indian tribe” means the values, beliefs and traditions of the applicable Indian tribe, as defined by the applicable Indian tribe.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022 and by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
USE AND OPERATION OF STATE-OWNED TRAINS AND RELATED FIXTURES
NAC 381.050 Requirements for use and operation of certain equipment at Nevada State Railroad Museum. (NRS 381.0061)
1. Each Nevada State Railroad Museum within the Division shall preserve the safety of the general public by ensuring the safe use and operation of historic museum railroad equipment at the Museum.
2. Each crew member for a Nevada State Railroad Museum within the Division who operates museum railroad equipment must:
(a) Be a staff member or volunteer of the Museum;
(b) Be issued a set of Safety Rules and General Operating Rules for the use and operation of historic museum railroad equipment;
(c) Satisfactorily complete safety and operational rule training and successfully pass a test administered by the Museum’s Director or the designee of the Museum’s Director before beginning train service; and
(d) Attend an annual safety meeting.
(Added to NAC by Div. of Museums & Hist. by R086-06, eff. 6-1-2006)
NAC 381.060 Review and updating of Safety Rules and General Operating Rules for certain equipment. (NRS 381.0061) The Administrator or the designee of the Administrator will review on an annual basis the Safety Rules and General Operating Rules for the use and operation of historic museum railroad equipment. The Rules must be updated to reflect changes in operations or regulations imposed by the Public Utilities Commission of Nevada or the Federal Railroad Administration. The Administrator is hereby designated as the official authority to make changes to the Safety Rules and General Operating Rules.
(Added to NAC by Div. of Museums & Hist. by R086-06, eff. 6-1-2006)
ACQUISITION OR REPATRIATION OF ABANDONED PROPERTY HELD BY INSTITUTION OF DIVISION
NAC 381.100 Definitions. (NRS 233B.040, 381.009) As used in NAC 381.100 to 381.160, inclusive, unless the context otherwise requires, the words and terms defined in NAC 381.110 to 381.140, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.110 “Abandoned property” defined. (NRS 233B.040, 381.009) “Abandoned property” means any property deemed to be abandoned pursuant to NRS 381.009.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.120 “Federal property” defined. (NRS 233B.040, 381.009)
1. “Federal property” means property that is:
(a) Found on or removed from public lands; and
(b) Owned by the Federal Government.
2. As used in this section, “public lands” means:
(a) Lands which are owned and administered by the United States as part of:
(1) The National Park System;
(2) The National Wildlife Refuge System;
(3) The National Forest System; or
(4) The Bureau of Land Management; and
(b) All other lands, the fee title to which is held by the United States, other than lands on the Outer Continental Shelf and lands which are under the jurisdiction of the Smithsonian Institution.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.130 “State property” defined. (NRS 233B.040, 381.009)
1. “State property” means property that is:
(a) Found on or removed from state land; and
(b) Owned by this State.
2. As used in this section, “state land” has the meaning ascribed to it in NRS 383.425.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.140 “Tribal property” defined. (NRS 233B.040, 381.009)
1. “Tribal property” means property that is:
(a) Found on or removed from Indian lands; and
(b) Owned by an Indian tribe.
2. As used in this section, “Indian lands” means land of an Indian tribe, or a person who is Indian, which is either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or a person who is Indian.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.150 Applicability. (NRS 233B.040, 381.009) The provisions of NRS 381.009 do not apply to federal property, state property or tribal property.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
NAC 381.160 Determination by qualified specialist whether certain abandoned property is native Indian human remains or cultural item of Indian tribe; process for repatriation or other disposition based upon such determination. (NRS 233B.040, 381.009)
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.
(Added to NAC by Admin. of Div. of Museums & Hist. by R116-19, eff. 6-13-2022)
PRESERVATION OF PREHISTORIC AND HISTORIC SITES
General Provisions
NAC 381.200 Definitions. (NRS 381.0069) As used in NAC 381.200 to 381.390, inclusive, unless the context otherwise requires, the words and terms defined in NAC 381.210 to 381.250, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.210 “Authorized tribal representative” defined. (NRS 381.0069) “Authorized tribal representative” means:
1. The Tribal Historic Preservation Officer, if applicable; or
2. If there is no Tribal Historic Preservation Officer or if the Tribal Historic Preservation Officer is unavailable to serve as the authorized tribal representative, a person who is:
(a) Authorized by the government of the Indian tribe to engage in consultation with the Museum Director; and
(b) Identified by the Museum Director or his or her designee pursuant to subsection 6 of NAC 381.300.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.220 “Cultural item” defined. (NRS 381.0069)
1. Except as otherwise provided in NAC 381.160, “cultural item” means human remains, associated funerary objects, unassociated funerary objects, sacred objects or objects of cultural patrimony.
2. As used in this section:
(a) “Associated funerary objects” has the meaning ascribed to it in 25 U.S.C. § 3001(3)(A).
(b) “Cultural patrimony” has the meaning ascribed to it in 25 U.S.C. § 3001(3)(D).
(c) “Sacred objects” has the meaning ascribed to it in 25 U.S.C. § 3001(3)(C).
(d) “Unassociated funerary objects” has the meaning ascribed to it in 25 U.S.C. § 3001(3)(B).
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.230 “Nevada Antiquities Permit” defined. (NRS 381.0069, 381.197) “Nevada Antiquities Permit” means the permit required pursuant to NRS 381.197 to investigate, explore or excavate a historic or prehistoric site on federal or state lands or remove any object therefrom.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.240 “Nevada Indian Burial Site Permit” defined. (NRS 381.0069, 381.196) “Nevada Indian Burial Site Permit” means the permit required pursuant to NRS 381.196 to excavate a prehistoric Indian burial site on private lands located within this State.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.250 “Tribal Historic Preservation Officer” defined. (NRS 381.0069) “Tribal Historic Preservation Officer” means the tribal preservation official who is designated by the Indian tribe pursuant to the National Historic Preservation Act, 54 U.S.C. §§ 300101 et seq., to work on issues related to the historic preservation of items or sites relating to the Indian tribe, including, without limitation, prehistoric Indian burial sites.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
Permits
NAC 381.260 Nevada Antiquities Permit: Conditions for issuance. (NRS 381.0069, 381.197, 381.203) The Museum Director may issue a Nevada Antiquities Permit if the applicant for such a permit meets the requirements of NAC 381.270.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.270 Nevada Antiquities Permit: Application; qualifications for designation as principal investigator and field director; renewal; period for review of application. (NRS 381.0069, 381.197, 381.203)
1. An applicant for a Nevada Antiquities Permit must submit an application on the form provided by the Museum Director and include, without limitation, a copy of the curriculum vitae for each principal investigator and each field director.
2. An applicant may designate more than one person for the roles of principal investigator and field director.
3. Before being designated as a principal investigator by the applicant, the person whom the applicant is considering to be a principal investigator:
(a) Must satisfy 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 http://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf.
(b) Must have experience in archaeology in the Great Basin region or in the Southwest region of the United States.
(c) Must have experience in or knowledge of the region or county where he or she may work under the Nevada Antiquities Permit.
(d) Must have experience working with Indian tribes.
4. Before being designated as a field director by the applicant, the person whom the applicant is considering to be a field director:
(a) Must demonstrate experience as a field director of a project in which he or she oversaw the day-to-day conduct of fieldwork, including, without limitation, the supervision of crew chiefs.
(b) Must have experience in archaeology in the Great Basin region or in the Southwest region of the United States.
(c) Must have experience in or knowledge of the region or county where he or she may work under the Nevada Antiquities Permit.
(d) Must have experience working with Indian tribes.
(e) May be registered with the Register of Professional Archaeologists.
5. To renew a Nevada Antiquities Permit pursuant to NRS 381.211, the applicant must submit a new application on the form provided by the Museum Director and include, without limitation, an updated copy of the curriculum vitae for each principal investigator and each field director.
6. The Museum Director, or his or her designee, will complete his or her review of an application for the issuance or renewal of a Nevada Antiquities Permit within 30 days after receiving a completed application.
7. As used in this section:
(a) “Field director” means a person who is responsible for the day-to-day conduct of fieldwork at a historic or prehistoric site.
(b) “Principal investigator” means a person who is in charge of the investigation, exploration or excavation of a historic or prehistoric site.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.280 Nevada Indian Burial Site Permit: Conditions for issuance. (NRS 381.196) The Museum Director may issue a Nevada Indian Burial Site Permit if the requirements of NAC 381.300 and 381.310 are met.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.290 Nevada Indian Burial Site Permit: Duty of Museum Director upon receipt of application for prehistoric Indian burial site not recorded on certain inventory maintained by Office of Historic Preservation. (NRS 381.0069, 381.196) If the Museum Director receives an application for a Nevada Indian Burial Site Permit that is for a prehistoric Indian burial site that is not recorded on the inventory of cultural resources which is compiled and maintained by the Office of Historic Preservation of the State Department of Conservation and Natural Resources pursuant to NRS 383.021, the Museum Director or his or her designee will submit information regarding the site to:
1. The closest culturally affiliated Indian tribe, as determined in the manner set forth in NRS 381.0067; and
2. The Office for consideration to include the site in the inventory.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.300 Nevada Indian Burial Site Permit: Notice to, consultation with and incorporation of values, beliefs and traditions of applicable Indian tribe required during process for issuance or renewal. (NRS 381.0069, 381.196)
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 NAC 381.310 or renewing a Nevada Indian Burial Site Permit pursuant to NAC 381.350 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 its 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 its 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.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.310 Nevada Indian Burial Site Permit: Application; requirements for issuance. (NRS 381.0069, 381.196)
1. Except as otherwise provided in subsection 3, after providing notice to and consulting with each applicable Indian tribe pursuant to NAC 381.300, the Museum Director may issue a Nevada Indian Burial Site Permit pursuant to NRS 381.196 to an archaeologist or archaeological company that:
(a) Submits an application on the form provided by the Museum Director;
(b) Possesses sufficient knowledge and scientific training to excavate a prehistoric Indian burial site and such knowledge and training is at least as sufficient as required by paragraph (c) of subsection 1 of NRS 381.203 for a Nevada Antiquities Permit; and
(c) Possesses an archaeological treatment plan for the proposed excavation of the prehistoric Indian burial site that is approved by the Museum Director.
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:
(a) Follow the repatriation process set forth in 25 U.S.C. § 3001, et seq.; and
(b) Seek to ensure that the values, beliefs and traditions of the applicable Indian tribe are fully considered and incorporated in the repatriation process.
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:
(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. 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.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.320 Nevada Indian Burial Site Permit: Appeal of issuance or denial. (NRS 381.0069, 381.196)
1. The owner of the private land on which a prehistoric Indian burial site is located or the applicant for the Nevada Indian Burial Site Permit, if different from the owner of the private land, may appeal the denial of a Nevada Indian Burial Site Permit. Such an appeal must be filed with the Administrator within 10 business days after the denial of the Nevada Indian Burial Site Permit. The Administrator will notify the applicable Indian tribe of an appeal made pursuant to this subsection.
2. The applicable Indian tribe may appeal the issuance or denial of a Nevada Indian Burial Site Permit. Such an appeal must be filed with the Administrator within 10 business days after the issuance or denial. If an appeal of an issuance of a permit is filed pursuant to this subsection, the excavation of the prehistoric Indian burial site must be stayed until the appeal is resolved.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.330 Nevada Indian Burial Site Permit: Terms and conditions; prohibitions. (NRS 381.0069, 381.196)
1. A person to whom a Nevada Indian Burial Site Permit is issued pursuant to NAC 381.310 shall:
(a) Handle any native Indian human remains or other cultural item of an Indian tribe in the manner determined by the applicable Indian tribe pursuant to paragraph (b) of subsection 4.
(b) Ensure that during the excavation of the prehistoric Indian burial site, any native Indian human remains or other cultural item of an Indian tribe excavated at the site is treated with dignity and respect, as determined by the applicable Indian tribe, at all times.
(c) As determined by the Museum Director in consultation with the applicable Indian tribes, avoid any unnecessary disturbance, physical modification or separation of native Indian human remains or other cultural item of an Indian tribe.
(d) When native Indian human remains or other cultural item of an Indian tribe is found during the excavation and if the authorized tribal representative is not present, notify the Museum Director or his or her designee. The Museum Director, or his or her designee, will notify the authorized tribal representative and provide 7 calendar days for the authorized tribal representative to respond and notify the Museum Director, or his or her designee, whether, pursuant to subsection 3, the authorized tribal representative will inspect or review the native Indian human remains or other cultural item of the Indian tribe or conduct a ceremony or other activity used to express condolences at the excavation site, in accordance with the values, beliefs and traditions of the applicable Indian tribe, or both.
(e) Ensure that the excavation site is secured and not disturbed by the public during the excavation.
(f) Pursuant to the approved archaeological treatment plan for the proposed excavation of the prehistoric Indian burial site required by paragraph (c) of subsection 1 of NAC 381.310, repatriate to the closest culturally affiliated Indian tribe, as determined in the manner set forth in NRS 381.0067, any native Indian human remains or other cultural item of an Indian tribe as soon as possible after the remains or item is excavated. If the remains or item cannot be repatriated, the person to whom a Nevada Indian Burial Site Permit is issued pursuant to NAC 381.310 shall ensure that any native Indian human remains are buried pursuant to the burial plan for native Indian human remains required by subsection 3 of NAC 381.310.
2. The person to whom a Nevada Indian Burial Site Permit is issued pursuant to NAC 381.310 shall not:
(a) Unless otherwise requested by the authorized tribal representative, collect any sediments in direct contact with native Indian human remains or any soil samples from the excavation site.
(b) Unless otherwise requested by the authorized tribal representative, use destructive analysis on any native Indian human remains or other cultural item of an Indian tribe.
(c) Violate paragraph (b) of subsection 3 of NRS 383.180 by publicly displaying or exhibiting native Indian human remains, except during a funeral ceremony.
(d) Unless disclosure is otherwise authorized pursuant to 16 U.S.C. § 470hh(a) or disclosure is necessary to conduct the excavation, as determined by the Museum Director in consultation with the applicable Indian tribe, make available to the public information concerning the nature and location of the excavation site or any native Indian human remains or other cultural item of an Indian tribe found at the excavation site.
3. The authorized tribal representative, upon receiving the notification pursuant to paragraph (d) of subsection 1, may:
(a) Inspect and review native Indian human remains or other cultural item of an Indian tribe at the excavation site in situ for the purpose of identifying native Indian human remains or other cultural item of an Indian tribe.
(b) Notify the Museum Director, or his or her designee, that the authorized tribal representative wishes to conduct a ceremony or other activity used to express condolences, in accordance with the values, beliefs and traditions of the Indian tribe. The Museum Director, or his or her designee, will notify the owner of the private land on which the prehistoric Indian burial site is located and, upon obtaining the consent of the owner of the private land on which the excavation is being conducted, notify the authorized tribal representative that he or she may conduct the ceremony or other activity at the excavation site, in accordance with the values, beliefs and traditions of the applicable Indian tribe.
4. The applicable Indian tribe:
(a) May, with the consent of the owner of the private land on which the prehistoric Indian burial site is located, station an observer at the excavation site during the excavation of the prehistoric Indian burial site. If the owner of the land on which the prehistoric Indian burial site is located consents, the applicable Indian tribe may charge the owner of the land for the costs incurred by the applicable Indian tribe to pay the observer.
(b) Shall, before the excavation begins, determine, in consultation with the person to whom a Nevada Indian Burial Site Permit is issued pursuant to NAC 381.310, how native Indian human remains or other cultural item of an Indian tribe are to be handled during the excavation.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.340 Nevada Indian Burial Site Permit: Imposition of additional terms and conditions authorized in certain circumstances. (NRS 381.0069, 381.196) In addition to the terms and conditions set forth in NAC 381.330, the Museum Director may impose terms and conditions adopted by the applicable Indian tribe if the excavation of the prehistoric Indian burial site involves the excavation of native Indian human remains or other cultural item of the applicable Indian tribe.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.350 Nevada Indian Burial Site Permit: Period of validity; renewal. (NRS 381.0069, 381.196)
1. A Nevada Indian Burial Site Permit may not be issued for a period of more than 1 year.
2. A Nevada Indian Burial Site Permit may be renewed for an additional period of time upon application by the person to whom the Nevada Indian Burial Site Permit was issued. Before renewing a Nevada Indian Burial Site Permit pursuant to this subsection, the Museum Director or his or her designee will consult with the applicable Indian tribe.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.360 Nevada Indian Burial Site Permit: Conditions for rendering void. (NRS 381.0069, 381.196) Failure to begin work under a Nevada Indian Burial Site Permit within 6 months after the effective date of the Nevada Indian Burial Site Permit shall render the permit void without any order or action from the Museum Director.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
NAC 381.370 Revocation of permit: Grounds; notice; cessation of work; hearing; appeal; action by Museum Director; recovery of attorney’s fees and costs. (NRS 381.0069, 381.196, 381.197, 381.203)
1. If the Museum Director or his or her designee has evidence that is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs that a person to whom a Nevada Indian Burial Site Permit or a Nevada Antiquities Permit is issued has failed to comply with the provisions of NAC 381.330 or with NRS 381.195 to 381.227, inclusive, as applicable, the Museum Director may schedule a permit revocation hearing.
2. The Museum Director or his or her designee will provide written notice to the person described in subsection 1 pursuant to NRS 233B.121 and 241.0333.
3. Unless otherwise directed by the Museum Director, upon receiving written notice pursuant to subsection 2, the person who is described in subsection 1 shall cease all work on the investigation, exploration or excavation, as applicable.
4. After providing written notice pursuant to subsection 2, the Museum Director will hold a permit revocation hearing pursuant to NRS 233B.121 to 233B.150, inclusive.
5. If, after the permit revocation hearing is held and any appeals are considered, it is determined that the person described in subsection 1 failed to comply with the provisions of NAC 381.330 or with NRS 381.195 to 381.227, inclusive, as applicable, the Museum Director:
(a) Will revoke the Nevada Indian Burial Site Permit or Nevada Antiquities Permit, as applicable.
(b) May recover from the person reasonable attorney’s fees and costs that were incurred by the Museum Director or the Division as part of carrying out the provisions of this section.
6. As used in this section, “costs” means:
(a) Costs of an investigation.
(b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.
(c) Fees for court reporters at any depositions or hearings.
(d) Fees for expert witnesses and other witnesses at any depositions or hearings.
(e) Fees for necessary interpreters at any depositions or hearings.
(f) Fees for service and delivery of process and subpoenas.
(g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
Miscellaneous Provisions
NAC 381.380 Repatriation process for prehistoric native Indian human remains or funerary objects discovered or seized on federal or state lands. (NRS 381.0069, 381.207, 381.223)
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.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)
Enforcement
NAC 381.390 Reporting of excavation performed without Nevada Indian Burial Site Permit. (NRS 381.0069, 381.196, 381.221) If the Museum Director or his or her designee receives evidence that a person is excavating a prehistoric Indian burial site without having obtained a Nevada Indian Burial Site Permit, the Museum Director or his or her designee will report the excavation to the Division of State Parks of the State Department of Conservation and Natural Resources, and personnel thereof, the sheriffs in their respective counties, the Nevada Highway Patrol or any other peace officer, as applicable, so that an investigation or enforcement action may be initiated pursuant to NRS 381.221.
(Added to NAC by Museum Dir., Nev. St. Museum by R061-19, eff. 6-13-2022)