1. The holder of a permit described in NRS 381.197, except as otherwise provided in subsections 2 and 3, 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 shall give to the State 50 percent of all articles, implements and materials found or discovered of which the holder retained possession after completion of the process set forth in subsection 4, to be deposited with the Nevada State Museum, for exhibition or other use within the State as determined by the Museum Director. The Museum Director may accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection, the Museum Director shall notify the Office of Historic Preservation.
2. The holder of a permit described in NRS 381.197 who does any such work within the State under the authority and direction of the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or political subdivision of the State shall give 50 percent of all articles, implements and materials found or discovered of which the holder retained possession after completion of the process set forth in subsection 4, to the Society, institution or political subdivision. The holder of the permit may retain the other 50 percent.
3. If the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or political subdivision of the State is the holder of the permit, it may retain all articles, implements and materials found or discovered of which it retained possession after completion of the process set forth in subsection 4.
4. If any of the articles, implements or materials found or discovered are prehistoric native Indian human remains or funerary objects, 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 objects in accordance with NRS 381.0067; and
(c) Return any prehistoric native Indian human remains or funerary objects discovered 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.
5. Whenever the Office of Historic Preservation acquires articles, implements and materials under the provisions of this section, they must be transferred to the Museum Director for exhibition or other use within the State as determined by the Museum Director.
(Added to NRS by 1959, 291; A 1977, 1208, 1360; 1985, 142; 1993, 1588; 2001, 933; 2007, 2908; 2017, 3540)
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