Nevada § 381.009 - Acquisition or repatriation of abandoned property held by institution

§ 381.009. Acquisition or repatriation of abandoned property held by institution

1. Any property held by an institution for 3 years or more, to which no person has

made claim, shall be deemed to be abandoned and, except as otherwise provided in subsection

4, becomes the property of the Division if the Administrator complies with the provisions

of subsection 2. 2. The Administrator shall cause to be published in at least one newspaper of general

circulation in the county in which the institution is located at least once a week

for 2 consecutive weeks a notice and listing of the property. The notice must contain: (a) The name and last known address, if any, of the last known owner of the property; (b) A description of the property; and (c) A statement that if proof of a claim is not presented by the owner to the institution

and if the owner's right to receive the property is not established to the Administrator's

satisfaction within 60 days after the date of the second published notice, the property

will be considered abandoned and become the property of the Division. 3. If no claim has been made to the property within 60 days after the date of the

second published notice, title, including literary rights, to the property vests in

the Division, free from all claims of the owner and of all persons claiming through

or under the owner. 4. If property deemed to be abandoned pursuant to subsection 1 is native Indian human

remains or another cultural item of an Indian tribe, the Administrator shall: (a) Provide notice to and consult with each applicable Indian tribe in the manner

provided by NRS 381.0066 ; (b) Determine which Indian tribe has the closest cultural affiliation to the human

remains or other cultural item, in the manner provided by NRS 381.0067 ; and (c) Return the human remains or other cultural item to the closest culturally affiliated

Indian tribe in the manner provided by the repatriation process adopted pursuant to NRS 381.0069 , if a request for repatriation is made. 5. To be deemed an object of cultural significance, an object must have ongoing historical,

traditional or cultural importance central to an Indian tribe or culture itself, rather

than property owned by a member of an Indian tribe, and which, therefore, cannot be

alienated, appropriated or conveyed by any person, regardless of whether the person

is a member of the Indian tribe. The object must have been considered inalienable by the Indian tribe at the time

the object was separated from such group. 6. As used in this section: (a) “ Cultural item ” means human remains, a funerary object, a sacred object or an object of cultural

significance. (b) “ Object of cultural significance ” means an object which meets the qualifications of subsection 5. (c) “ Sacred object ” means a historic or prehistoric object that was or is needed by traditional religious

leaders of an Indian tribe for the practice of the traditional religion of an Indian

tribe.