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The Law and American Indian Grave Protection

Nevada Laws

When contacted concerning Nevada burial protections, the state archaeologist mailed laws concerningProtection of Indian Burial Sites 383.150 through 383.190.


Summaries follow of burial/archaeological laws yielded through a keyword search for "archaeology" and "burial" on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at www4.law.cornell.edu/uscode/17/107.html

http://www.ibsgwatch.org is not responsible for any inaccuracies or timeliness of information.


Code Book: Nevada Revised Statutes
Citation: 233A.100
Section Title: Nevada Indian Commission: powers

Summary:

(3) Directs the Nevada Indian Commission to cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with the protection of Indian burial sites under 383.150 through 383.190.

Primary Topic: Ethnic / Racial Historic Preservation Issues

    Secondary Topic:
    • Native American Burial and Other Preservation Issues
Primary Topic: State Agencies / Institutions
    Secondary Topic:
    • Native American / Indian Affairs Commission / Office / Board

Code Book: Nevada Revised Statutes
Citation: 381.195 through 381.219
Section Title: Preservation of prehistoric and historic sites: permits

Summary:

Declares that no person shall investigate, explore or excavate a historic or prehistoric site on federal or state lands in Nevada or remove any object from such sites unless the person holds a valid permit from the director of the Department of Museums, Library and Arts or the director's designee, as well as a permit from the appropriate federal agency if the site is on federal land. Requires that an investigation, exploration or excavation for which a permit is issued must benefit a reputable museum, university, college or other recognized scientific or educational institution for the purpose of permanent preservation in public museums or other recognized scientific or educational institutions. Directs a holder of a permit 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 to give to the state 50% of all articles, implements and materials found or discovered, to be deposited with the state museum, for exhibition or other use within the state as determined by the director, who shall notify the Office of Historic Preservation upon receipt of such items. Directs that a holder who does such work under the authority of the Nevada Historical Society, the Nevada Museum and Historical Society or an institution or political subdivision of the state shall give 50% of all articles, implements and materials found or discovered to the society, institution or political subdivision, and shall retain the other 50%. Allows the society, institution or political subdivision, if it is the holder of the permit, to retain all such articles, implements or materials. Limits a permit to a period of not more than one year, to be renewed upon application by the permit holder. Requires the permit holder to begin work under the permit within six months after the effective date and to furnish a detailed report to the director at the end of each season's work. Allows a permit holder to collect petrified wood, minerals, rocks, gems, arrowheads or other Indian artifacts that are not part of a prehistoric site.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Nevada Revised Statutes
Citation: 383.160
Section Title: Protection of Indian burial sites: duties of the Office of Historic Preservation

Summary:

Directs the Office of Historic Preservation to: assist an interested landowner, upon application by the landowner, in negotiating an agreement with an Indian tribe for the treatment and disposition of an Indian burial site and any artifacts and human remains associated with the site; or, upon application of either party, to mediate a dispute arising between a landowner and an Indian tribe relating to such treatment and disposition. Directs the office, in performing its duties under this article, to endeavor to protect Indian burial sites and any associated artifacts and human remains from vandalism and destruction and to provide for the sensitive treatment and disposition of such sites, artifacts and remains consistent with the use of the land.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Private Funds
    • Private Property

Code Book: Nevada Revised Statutes
Citation: 383.170
Section Title: Protection of Indian burial sites: procedure upon discovery of burial site; permissible excavation

Summary:

Requires a person to report to the Office of Historic Preservation immediately upon discovery of a previously unreported cairn or burial site of a native Indian disturbed through inadvertence while that person is engaged in a lawful activity such as construction, mining, logging or farming. Directs the office to consult immediately with the Nevada Indian Commission and notify the appropriate Indian tribe. Authorizes the Indian tribe, with the permission of the landowner, to inspect the site and recommend an appropriate means for the treatment and disposition of the site and all associated artifacts and human remains. Allows the landowner, if such a burial site is located on private land, to reinter with appropriate dignity, at the owner's expense, all artifacts and human remains associated with the site in a location not subject to further disturbance, if the Indian tribe fails to make a recommendation within forty-eight hours after it receives notification or if ns are located, or within which the defendant resides. Allows the court, if the defendant prevails in the civil action, to: award reasonable attorney fees to the plaintiff; grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or human remains acquired or equipment used in the violation; order the disposition of any forfeited equipment as it sees fit; and order the reinterment of the artifacts and human remains at the defendant's expense under the supervision of the Indian tribe.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Nevada Revised Statutes
Citation: 381.195 through 381.219
Section Title: Preservation of prehistoric and historic sites: permits

Summary:

Declares that no person shall investigate, explore or excavate a historic or prehistoric site on federal or state lands in Nevada or remove any object frsearch sponsored by any accredited institution with research interests in the state who, as a part of such research, recovers Native American remains, so long as the archeologist: notifies the state archeologist within five working days of the initial discovery of the remains; reports the status of the project to the state archeologist at agreed upon intervals; curates the remains prior to ultimate disposition; and conducts no destructive skeletal analysis without the express permission of the state archeologist. Directs the professional archeologist, upon completion of the project fieldwork, to consult with the state archeologist and the skeletal analyst to determine the schedule for the completion of the skeletal analysis, which, in the event of disagreement shall not exceed four years. Grants the director of the State Historic Preservation Office authority regarding the ultimate disposition of the Native American remains after analysis is completed.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains



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Nevada government, preservation and state archaeological resource links.



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