Section 381.Sec. 11.1 - NEW1. 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.Nev. Admin. Code § 381.Sec. 11.1
Added to NAC by Div. of Museums & Hist. by R116-19A, eff. 6/13/2022