Nevada Code § 383.121

Intergovernmental cooperation required; notice to Office; procedure for notice to and consultation with Indian tribes and development of resolution relating to prehistoric native Indian human remains and funerary objects on property; notice of requirements to private contractors
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1. All departments, commissions, boards
and other agencies of the State and its political subdivisions shall cooperate
with the Office in order to salvage or preserve historic, prehistoric or
paleoenvironmental evidence located on property owned or controlled by the
United States, the State of Nevada or its political subdivisions. The Office
shall consult with Indian tribes in order to salvage or preserve prehistoric
native Indian human remains or funerary objects located on such property.
2. Except as otherwise provided in
subsection 10, when any agency of the State or its political subdivisions is
preparing or has contracted to excavate or perform work of any kind on property
owned or controlled by the United States, the State of Nevada or its political
subdivisions which may endanger historic, prehistoric or paleoenvironmental
evidence found on the property, or when any artifact, site or other historic or
prehistoric evidence is discovered in the course of such excavation or work,
the agency or the contractor hired by the agency shall notify the Office and
cooperate with the Office to the fullest extent practicable, within the
appropriations available to the agency or political subdivision for that
purpose, to preserve or permit study of such evidence before its destruction,
displacement or removal.
3. Upon receiving notice pursuant to
subsection 2 of the potential endangerment of or the discovery of prehistoric
native Indian human remains or a funerary object, the Office shall immediately notify,
in writing, and initiate consultation with any Indian tribe:
(a) Who is or is likely to be culturally
affiliated with the prehistoric native Indian human remains or funerary object;
(b) On whose aboriginal lands the prehistoric
native Indian human remains or funerary object was discovered; or
(c) Who is reasonably known to have a direct
cultural relationship to the prehistoric native Indian human remains or
funerary object.
4. The written notice must include a
proposed time and place for the consultation with the Office.
5. Except as otherwise provided in
subsection 6, within 10 days after the notice is given by the Office, the
Office shall consult with the Indian tribe which has the closest cultural
affiliation to the prehistoric native Indian human remains or funerary object
as determined by the Office.
6. Failure of an Indian tribe to respond
within 10 days after notice has been given to the Indian tribe pursuant to
subsection 3 shall be deemed a waiver of the requirement for consultation with
the Indian tribe.
7. After the period for consultation
described in subsection 5, the Office shall, to the fullest extent practicable,
within the appropriations available to the agency of the State or its political
subdivision described in subsection 2, develop a resolution for the affected
property that is consistent with the standard of preservation described in the
Secretary of the Interiors Standards and Guidelines for Archeology and
Historic Preservation as set forth in 48 Federal Register 44716 on September
29, 1983, and any amendments thereto.
8. The provisions of this section must be
made known to all private contractors performing such excavation or work for
any agency of the State or its political subdivisions.
9. The provisions of subsections 3 to 7,
inclusive, do not apply to an agency of the State or its political
subdivisions, with respect to prehistoric native Indian human remains or
funerary objects, if the preparation or contract to excavate or perform work
described in subsection 2 is subject to an existing agreement with:
(a) The closest culturally affiliated Indian
tribe that relates to the discovery of prehistoric native Indian human remains
or a funerary object; or
(b) A federal agency that was executed pursuant
to federal law and that relates to the discovery of prehistoric native Indian
human remains or a funerary object.
10. The requirements set forth in NRS 383.150 to 383.180 , inclusive, apply if an Indian
burial site, as defined in NRS 383.150 ,
is disturbed.

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