Nevada § 381.207 - Percentage of articles, implements and materials found or discovered and retained in possession by certain holders to be given to state institutions and political subdivisions; procedure for notice to and consultation with Indian tribes and repatriation of found or discovered prehistoric native Indian human remains and funerary objects upon request

§ 381.207. Percentage of articles, implements and materials found or discovered and retained in possession by certain holders to be given to state institutions and political subdivisions; procedure for notice to and consultation with Indian tribes and repatriation of found or discovered prehistoric native Indian human remains and funerary objects upon request

1. The holder of a permit described in NRS 381.197 , except as otherwise provided in subsections 2 and 3, who does work upon aboriginal

mounds and earthworks, ancient burial grounds, prehistoric sites, deposits of fossil

bones or other archeological and vertebrate paleontological features within the State

shall give to the State 50 percent of all articles, implements and materials found

or discovered of which the holder retained possession after completion of the process

set forth in subsection 4, to be deposited with the Nevada State Museum, for exhibition

or other use within the State as determined by the Museum Director. The Museum Director may accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection, the Museum Director shall notify

the Office of Historic Preservation. 2. The holder of a permit described in NRS 381.197 who does any such work within the State under the authority and direction of the

Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or

political subdivision of the State shall give 50 percent of all articles, implements

and materials found or discovered of which the holder retained possession after completion

of the process set forth in subsection 4, to the Society, institution or political

subdivision. The holder of the permit may retain the other 50 percent. 3. If the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution

or political subdivision of the State is the holder of the permit, it may retain all

articles, implements and materials found or discovered of which it retained possession

after completion of the process set forth in subsection 4. 4. If any of the articles, implements or materials found or discovered are prehistoric

native Indian human remains or funerary objects, the Museum Director shall: (a) Provide notice to and consult with each applicable Indian tribe in accordance

with NRS 381.0066 ; (b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric

native Indian human remains or funerary objects in accordance with NRS 381.0067 ; and (c) Return any prehistoric native Indian human remains or funerary objects discovered

to the closest culturally affiliated Indian tribe in accordance with the repatriation

process adopted pursuant to NRS 381.0069 , if a request for repatriation is made. 5. Whenever the Office of Historic Preservation acquires articles, implements and

materials under the provisions of this section, they must be transferred to the Museum

Director for exhibition or other use within the State as determined by the Museum

Director.