Nevada § 383.430 - Office of Historic Preservation authorized to enter into agreement with state agency, political subdivision or Indian tribe regarding acquisition of land from Federal Government; requirements of agreement; submission of information to Office required for changes to use of land or new project on land

§ 383.430. Office of Historic Preservation authorized to enter into agreement with state agency, political subdivision or Indian tribe regarding acquisition of land from Federal Government; requirements of agreement; submission of information to Office required for changes to use of land or new project on land

1. Upon request by any state agency or political subdivision, the Office may enter

into an agreement with that state agency or political subdivision regarding any land

which the state agency or political subdivision intends to acquire from an agency

of the Federal Government. The agency of the Federal Government may be a party to the agreement. If the land includes any prehistoric native Indian human remains or funerary objects,

the Indian tribe which has the closest cultural affiliation to the prehistoric native

Indian human remains or funerary objects may request that the Office enter into such

an agreement. 2. An agreement made pursuant to subsection 1 must: (a) If the agreement involves land that includes any prehistoric native Indian human

remains or funerary objects, include the Indian tribe which has the closest cultural

affiliation to the prehistoric native Indian human remains or funerary objects, if

any, as a party to the agreement; (b) Include provisions that are sufficient to ensure that the land, when acquired,

will receive protection for any historic or prehistoric site at a level equivalent

to the protection provided if the land had remained under federal ownership; (c) Require the state agency or political subdivision to submit a proposal and consult

with the Office before changing the use of the land or initiating a project on any

portion of the land; and (d) Require that any expenses associated with carrying out the agreement are the responsibility

of the state agency or political subdivision. 3. If a state agency or political subdivision submits a proposal to change the use

of the land or initiate a project on any portion of the land pursuant to paragraph

(c) of subsection 2, the state agency or political subdivision shall: (a) Provide to the Office a written statement: (1) Identifying any Indian tribes that may be concerned with the religious or cultural

importance of the site and other interested persons for inclusion in the consultation

required pursuant to paragraph (c) of subsection 2; (2) Identifying any historic or prehistoric sites in accordance with the requirements

of the Office for recording and reporting for those sites; (3) Evaluating any historic or prehistoric sites for inclusion in the State Register

of Historic Places, including any text excavations or other research; (4) Evaluating the effect of the change in use of the land or the project on a historic

or prehistoric site that is eligible for inclusion in the State Register of Historic

Places; and (5) Evidencing the preparation and carrying out of treatment plans that comply with

the requirements of the Office for those plans; and (b) Any other information relating to the proposed change of use required by the Office. 4. The Office shall determine which Indian tribe has the closest cultural affiliation

to the prehistoric native Indian human remains or funerary objects.