Nevada § 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

§ 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

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 Interior's 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.