§ 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 tribes and repatriation of seized prehistoric native Indian human remains and funerary objects upon request

Nevada § 381.223

• Jurisdiction: Nevada
• Title 33: LIBRARIES; MUSEUMS; HISTORIC PRESERVATION
• Ch. 381: State

Text

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.
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.

Legislative History

(Added to NRS by 1959, 292 ; A 1977, 1209 , 1360 ; 1993, 1588 ; 2001, 934 ; 2017, 3542 )