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2019 Official Opinions Op. Nev. Att'y Gen. 1 (2019)

handle is hein.sag/sagnv0120 and id is 1 raw text is: 






    AARON D. FORD
    Attorney General
    KYLE E.N. GEORGE
 First Assistant Attorney General
CHRISTINE JONES BRADY
Second Assistant Attorney General


         STATE  OF NEVADA
OFFICE  OF THE  ATTORNEY   GENERAL
         100 North Carson Street
         Carson City, Nevada 89701

         November   8, 2019


  JESSICA L. ADAIR
     Chief of Staff
RACHEL J. ANDERSON
     General Counsel
 HEIDI PARRY STERN
    Solicitor General


OPINION   NO. 2019-01


STATUTORY INTERPRETATION:
MUSEUMS and HISTORY: PERMIT
TO     EXCAVATE       PREHISTORIC
INDIAN   BURIAL   SITE ON  PRIVATE
LANDS:   NRS   381.196(2) is properly
construed to exempt a landowner from
the permitting  requirement  of NRS
381.196(1)   when the landowner
commences   an excavation  project on
his or her private land  for a lawful
purpose  that is wholly unrelated  to
the acquisition or study of prehistoric
artifacts and human remains.


Myron  Freedman, Director
Nevada  State Museum
600 N. Carson Street
Carson City, NV 89701


Dear Mr. Freedman:

      In your capacity as Museum   Director of the Nevada State Museum,
you have requested an opinion from the Office of the Attorney General (OAG)
regarding the applicability of NRS 381.196 to situations where a planned
excavation of private land threatens to disturb a known prehistoric Indian
burial site. Subsection 1 of NRS 381.196 requires the landowner under these
circumstances  to obtain an excavation permit from  the Museum   Director
unless the landowner  qualifies for an exemption under subsection 2 of that
statute.


       Telephone: 775-684-1100 * Fax: 775-684-1108 * Web: ag.nv.gov * E-mail: aginfo@ag.nv.Vov
           Twitter: @NevadaAG * Facebook: INVAttorneyGeneral * YouTube: INevadaAG

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