Nevada Revised Statutes 381.223 – Seizure and forfeiture of object of antiquity taken without permit to investigate, explore or excavate historic or prehistoric site on federal or state lands; procedure for notice to and consultation with Indian trib…
1. Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by NRS 381.197 without a permit must be seized by the proper law enforcement officers, who shall notify the Museum Director of the action and deposit the object or collection with the Museum Director for safekeeping. Upon receipt of any item seized pursuant to this section the Museum Director shall notify the Office of Historic Preservation. Except as otherwise provided in subsection 2, any object or collection so taken must be forfeited to the State for exhibition or other use within the State as determined by the Museum Director.
Terms Used In Nevada Revised Statutes 381.223
- culturally affiliated: means that there is a relationship of shared group identity that may be reasonably traced historically or prehistorically between a present-day Indian tribe and an identifiable earlier group which is associated with a particular artifact or site. See Nevada Revised Statutes 381.001
- Director: means the Director of the Department. See Nevada Revised Statutes 381.001
- Funerary object: means an object that, as a part of the death rite or ceremony of an Indian tribe is reasonably believed to have been placed with individual prehistoric native Indian human remains either at the time of death or later. See Nevada Revised Statutes 381.001
- Historic: has the meaning ascribed to it in NRS 381. See Nevada Revised Statutes 381.001
- Indian tribe: has the meaning ascribed to it in NRS 383. See Nevada Revised Statutes 381.001
- Museum director: means the executive director of an institution of the Division appointed by the Administrator pursuant to NRS 381. See Nevada Revised Statutes 381.001
- Prehistoric: has the meaning ascribed to it in NRS 381. See Nevada Revised Statutes 381.001
2. If an object of antiquity or collection seized pursuant to subsection 1 is prehistoric native Indian human remains or a funerary object, 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 object in accordance with NRS 381.0067; and
(c) Return the prehistoric native Indian human remains or funerary object 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.