SB 364 — Makes various changes relating to cultural remains. (BDR 33-533)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on April 18, 2023) FIRST REPRINT S.B.

364364–Senators SKrasner, ENATEGoicoechea, BILLSeevers NGansert; O.

364–SFlores, ENATORSHansen, KRASNERD. , G OICOECHEA , SEEVERS GANSERT ;

FHarris LORESand ,Pazina HANSENCHAPTER.......... , D.

H ARRIS AND PAZINA M ARCH 22, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Makes various changes relating to cultural remains.

(BDR 33-533) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

requiring the Office to adoptdeliver certain regulations;regulations to the Legislative Counsel;

Existing law authorizes the Office of Historic Preservation of the State outDepartment the provisions of existingConservation lawand relatingNatural Resources to theadopt protectionregulations ofto Indiancarry burial sites and historic and prehistoric sites.

(NRS 383.440) Section 23 of this bill insteadrequires: requires the Office to adopt such regulations.

Section(1) 3such regulations to incorporate the values, beliefs and traditions of the Indian tribes of this billState and requires thatthe Nevada Indian Commission to consult with Indian tribes on behalf of the Office adoptand suchsubmit regulationsthe notresults laterof thanthe Decemberconsultation 31,to 2023.the Office;

Sectionand (2) that the Office deliver such proposed regulations to the Legislative CouSection 1 of this bill provides that if a law enforcement agency goes to a location where human remains are found that are reasonably believed to be a native communicateIndian, withthe alaw representativeenforcement ofagency, anas Indianpart tribeof locatedan withininvestigation, theis countyo:required to:

(1) consult with a representative of an Indian tribe located within the county where the remains are found;

SectionEXPLANATION 2– makesMatter a conforming change to indicate the proper placement of section 1 in thebolded Nevadaitalics Revisedis Statutes.new;

-matter *SB364_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) CommunicateConsult with a representative of an Indian tribe located within the county where the remains are found;

NRS(Deleted 383.440by isamendment.) herebySec. amended to read as follows:

383.4403. 1.

TheNot Officelater [may]than shallDecember adopt31, regulations2023: to carry out the provisions of NRS 383.400 to 383.440, inclusive.

- 82nd Session (2023) – 2 – Preservation of the State Department of Conservation and Natural Resources pursuant to NRS 383.440 must incorporate the values, beliefs and traditions of the Indian tribes.

The Nevada Indian Commission shall consult with Indian tribes on behalf of the Office to incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes and submit the results of the consultation to the Office.

The Office shall adoptdeliver proposed regulations asto necessarythe Legislative Counsel pursuant to NRS 233B.063 to carry out the provisions of NRS 383.150 to 383.440, inclusive, andas sectionrequired 1pursuant ofto thisNRS act,383.440. including, without limitation, regulations which set forth the process for repatriation of prehistoric native Indian human remains and funerary objects.

The regulations must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Office.

3.

Not later than December 31, 2023, the Office of Historic Preservation of the State Department of Conservation and Natural Resources shall adopt regulations to carry out the provisions of NRS 383.150 to 383.440, inclusive, and section 1 of this act, as required pursuant to NRS 383.440, as amended by section 2 of this actSec.

H~~~~~ 23 - *SB364_R1*82nd Session (2023)