Nevada State Cultural Considerations (11-NV-a)
State Cultural Considerations Process
11-NV-a.1 – Application for Determination of Eligibility
The developer must submit an application to NSOE. The application contains detailed information regarding the location and proposed activity.
The application must include:
- A description of any historical, archeological or cultural sites in the vicinity of the proposed project;
- Whether or not there is any anticipated disruption of the historical, archeological or cultural sites; and
- Whether the project has the potential of disrupting any scenic views or alter the landscape.
11-NV-a.2 to 11-NV-a.3 - NSOE Forwards Application to SHPO
NSOE must forward the application to SHPO for review. SHPO reviews the application for potential impact on cultural property. The SHPO may also consult with any tribal authorities as well to ascertain the cultural significance of the area. SHPO will document any comments or concerns and forward them to NSOE. NSOE is responsible for balancing the potential cultural impacts against the utility of the project. NSOE will issue permission to proceed, request further information, or notify the developer of the need for further consultation. Typically any potential impact may be mitigated through a mitigation plan with the developer.
11-NV-a.4 - Does SHPO Concur with Eligibility and Effects?
SHPO must evaluate the property with reference to the National Register Criteria for Evaluation outlined in 36 CFR Part 60 to determine whether it is eligible for inclusion in the Register. The National Register is an inventory of historic places and a national census of historic properties. According to the NHPA: "Historic property" or "historic resource" means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register, including artifacts, records, and material remains related to such a property or resource. 16 USC 470w
SHPO may concur or disagree with NSOE’s determination of eligibility. Certain criteria outlined in 36 CFR 60.4 render property ineligible for inclusion in the Register altogether. See Determining Eligibility: Step by Step NPS guidance.
11-NV-a.5 – Determine Whether the Property is Eligible
The National Park Service will determine whether the property is eligible.
11-NV-a.6 – Advise on Effects to Property
The Advisory Council on Historic Preservation will advise the developer about possible effects to the property.
11-NV-a.7 – Comments to NSOE
SHPO will provide written comments on the determination of eligibility and effects to NSOE.
11-NV-a.8 – Permission to Proceed, Request for Further Information or Notification of Need for Further Consultation
NSOE will provide a Permission to Proceed to the developer if the application is approved. NSOE may also request further information or provide a Notification of Need for Further Consultation.
11-NV-a.9 to 11-NV-a.10 – Has an Indian Burial Site been Discovered?
If an Indian burial site is discovered at the project location, then the developer is required to comply with the Native American Graves Protection Act (NAGPRA). NAGPRA is administered in Nevada by the Division of Historic Preservation and Archeology.
11-NV-a.11 – Notice to the Nevada State Historic Preservation Office
If an Indian burial site is discovered, then the developer must provide notice of the discovery to the Division of Historic Preservation and Archeology, which triggers the Division’s investigation and potential repatriation of the remains
11-NV-a.12 – Send Notification to Area Tribes & Sheriff
SHPO must provide notice to any area affected tribes and the sheriff.
11-NV-a.13 – Determine Whether to leave Remains in Place or Remove
The affected tribe will determine whether to leave the remains in place or remove them. The affected tribe will consult with the development team when making this determination.
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