2005 Nevada Revised Statutes - Chapter 381 — State Museums

CHAPTER 381 - STATE MUSEUMS

GENERAL PROVISIONS

NRS 381.001 Definitions.

BOARD OF MUSEUMS AND HISTORY

NRS 381.002 Creation;qualifications of members; Chairman and Vice Chairman; powers and duties;regulations.

NRS 381.003 Establishmentof shops for sale of gifts and souvenirs.

NRS 381.0031 Privatemoney; Dedicated Trust Fund.

NRS 381.0033 Budgeting,expenditure and accounting of money in Dedicated Trust Fund.

NRS 381.0035 Privatemoney exempt from statutory requirements governing expenditure of public money;independent contractors.

NRS 381.0036 Legislativeappropriations.

NRS 381.0037 Pettycash accounts; change accounts.

DIVISION OF MUSEUMS AND HISTORY

NRS 381.004 Creation;composition; general duties of institutions.

NRS 381.0045 Establishmentof categories of and fees for membership in institutions; fees for admissionand train rides; policies and charges for use of property.

NRS 381.005 Administrator:Appointment; qualifications; classification; employment of staff.

NRS 381.006 Administrator:Powers and duties.

NRS 381.0061 Administrator:Adoption of regulations.

NRS 381.0062 Museumdirectors: Appointment and establishment of powers and duties by Administrator;classification; duty to exercise and carry out assigned powers and duties.

NRS 381.0063 Museumdirectors: Powers and duties.

NRS 381.0064 Fundfor Support of Division of Museums and History: Creation; use of interest andincome; transfer of money to State General Fund; annual submission of itemizedstatement.

NRS 381.0075 Acceptanceof gifts.

NRS 381.008 Saleof duplicates, surplus and inappropriate items; use of proceeds.

NRS 381.009 Acquisitionof abandoned property held by institution.

PRESERVATION OF PREHISTORIC AND HISTORIC SITES

NRS 381.195 Definitions.

NRS 381.197 Permitrequired to investigate, explore or excavate historic or prehistoric site;applicability of penalties.

NRS 381.199 Applicantfor permit required to secure state and federal permits.

NRS 381.201 MuseumDirector may designate state agency as agent to issue permits; agency may adoptregulations.

NRS 381.203 Qualificationsof applicant for permit; contents of application; regulations.

NRS 381.205 Noticeto certain officers when permit granted.

NRS 381.207 Percentageof articles, implements and materials found or discovered by certain holders ofpermits to be given to state institutions and political subdivisions.

NRS 381.209 Permit:Limitations and conditions.

NRS 381.211 Permit:Renewal.

NRS 381.213 Permit:Conditions for voiding.

NRS 381.215 Reportof holder of permit to Museum Director.

NRS 381.217 Collectionsof petrified wood authorized; limitations.

NRS 381.219 Collectionof certain minerals and artifacts and photography not prohibited.

NRS 381.221 Enforcementby Division of State Parks, sheriffs and other peace officers.

NRS 381.223 Seizureand forfeiture of object of antiquity taken without permit.

NRS 381.225 Actsof vandalism unlawful; penalty.

NRS 381.227 Penalty.

NEVADA HISTORICAL SOCIETY

NRS 381.245 Preservationof old and obsolete property and public records from Division of State Libraryand Archives.

NRS 381.255 Statepublications to be donated for deposit in Societys collections.

_________

GENERAL PROVISIONS

NRS 381.001 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Administrator means the Administrator of theDivision.

2. Board means the Board of Museums and History.

3. Department means the Department of CulturalAffairs.

4. Director means the Director of the Department.

5. Division means the Division of Museums andHistory of the Department.

6. Institution means an institution of the Divisionestablished pursuant to NRS 381.004.

7. Museum director means the executive director ofan institution of the Division appointed by the Administrator pursuant to NRS 381.0062.

(Added to NRS by 1979, 975; A 1979, 979; 1985, 137;1993, 1583; 2001, 929)

BOARD OF MUSEUMS AND HISTORY

NRS 381.002 Creation;qualifications of members; Chairman and Vice Chairman; powers and duties;regulations.

1. The Board of Museums and History, consisting ofeleven members appointed by the Governor, is hereby created.

2. The Governor shall appoint to the Board:

(a) Six representatives of the general public who areknowledgeable about museums.

(b) Five members representing the fields of history,prehistoric archeology, historical archeology, architectural history, andarchitecture with qualifications as defined by the Secretary of Interiorsstandards for historic preservation in the following fields:

(1) One member who is qualified in history;

(2) One member who is qualified in prehistoricarcheology;

(3) One member who is qualified in historic archeology;

(4) One member who is qualified in architecturalhistory; and

(5) One member who is qualified as an architect.

3. The Board shall elect a Chairman and a ViceChairman from among its members at its first meeting of every even-numberedyear. The terms of the Chairman and Vice Chairman are 2 years or until theirsuccessors are elected.

4. With respect to the functions of the Office ofHistoric Preservation, the Board may develop, review and approve policy for:

(a) Matters relating to the State Historic PreservationPlan;

(b) Nominations to the National Register of HistoricPlaces and make a determination of eligibility for listing on the Register foreach property nominated; and

(c) Nominations to the State Register of HistoricPlaces and make determination of eligibility for listing on the Register foreach property nominated.

5. With respect to the functions of the Division, theBoard shall develop, review and make policy for investments, budgets,expenditures and general control of the Divisions private and endoweddedicated trust funds pursuant to NRS381.003 to 381.0037, inclusive.

6. In all other matters pertaining to the Office ofHistoric Preservation and the Division of Museums and History, the Board servesin an advisory capacity.

7. The Board may adopt such regulations as it deemsnecessary to carry out its powers and duties.

(Added to NRS by 1979, 975; A 1979, 980; 1981, 657;1983, 1441; 1985, 137, 417, 449; 1989, 1519; 1991, 2254; 1993, 1583)

NRS 381.003 Establishmentof shops for sale of gifts and souvenirs. TheBoard may establish shops for the sale of gifts and souvenirs, such as publications,books, postcards, color slides and such other related material as, in thejudgment of the Board, is appropriately connected with the operation of theinstitutions or the purposes of this chapter.

(Added to NRS by 1985, 134; A 1993, 1584; 2001, 930)

NRS 381.0031 Privatemoney; Dedicated Trust Fund.

1. All money and the proceeds from property receivedby the Division or any institution of the Division through any grant other thana grant of federal money, bequest or devise, and the proceeds from memberships,sales, interest and dividends from any sources other than appropriation by theLegislature, admission charges and sales of tickets for train rides, areprivate money and not state money. The Board shall establish a Division ofMuseums and History Dedicated Trust Fund. All private money must be accountedfor in that Fund. No other money may be accounted for in that Fund.

2. Except as otherwise provided in this chapter, allof the money in the Dedicated Trust Fund must be deposited in a financialinstitution to draw interest or be expended, invested and reinvested pursuantto the specific instructions of the donor, or, where no such specificinstructions exist, in the sound discretion of the Board. The provisions ofsubsections 3 and 4 of NRS 356.011 applyto any accounts in financial institutions maintained pursuant to this section.

3. The Board shall account separately for the portionsof the private money received by each institution of the Division but maycombine all or any portion of the private money for the purposes of investmentand reinvestment.

4. The Board shall adopt an investment policy for theprivate money.

(Added to NRS by 1989, 1518; A 1993, 1584)

NRS 381.0033 Budgeting,expenditure and accounting of money in Dedicated Trust Fund.

1. Except as otherwise provided in subsection 2:

(a) The private money must be budgeted and expended,within any limitations which may have been specified by particular donors, atthe discretion of the Board.

(b) The Board or its designee shall submit a report tothe Interim Finance Committee semiannually concerning the investment and expenditureof the private money in such form and detail as the Interim Finance Committeedetermines is necessary.

(c) A separate statement concerning the anticipatedamount and proposed expenditures of the private money must be submitted to theChief of the Budget Division of the Department of Administration for hisinformation at the same time and for the same fiscal years as the proposedbudget of the Department submitted pursuant to NRS 353.210. The statement must be attachedto the proposed budget of the Department when it is submitted to theLegislature.

2. Any private money which the Board authorizes foruse in funding all or part of a classified or unclassified position or anindependent contractor must be included in the budget prepared for theDepartment pursuant to chapter 353 of NRS. TheBoard shall transfer to the State Treasurer for deposit in the appropriategeneral fund budget account of the Division any money necessary to pay thepayroll costs for the positions that it has agreed to partially or fully fundfrom private money. The money must be transferred on a regular basis at suchtimes as the State Treasurer determines is necessary.

(Added to NRS by 1989, 1518; A 1993, 1585)

NRS 381.0035 Privatemoney exempt from statutory requirements governing expenditure of public money;independent contractors.

1. The statutory requirements on the expenditure ofpublic money in chapters 333, 338 and 341 ofNRS do not apply to the expenditure of private money.

2. The Board may authorize independent contractors whichmay be funded in whole or in part from private money.

(Added to NRS by 1989, 1519; A 2005, 1091)

NRS 381.0036 Legislativeappropriations. In addition to private money,the funding to carry out the provisions of this chapter must be provided bylegislative appropriation from the State General Fund and must be paid out onclaims as other claims against the State are paid.

(Added to NRS by 2001, 929)

NRS 381.0037 Pettycash accounts; change accounts. The Board mayestablish:

1. A petty cash account for the Division and eachinstitution in an amount not to exceed $500 for each account. Reimbursement ofthe account must be made from appropriated money paid out on claims as otherclaims against the State are paid.

2. A change account for each institution for which ashop for the sale of gifts and souvenirs has been established pursuant to NRS 381.003, in an amount not to exceed$1,500.

(Added to NRS by 1989, 1519; A 1993, 1585; 2001, 930)

DIVISION OF MUSEUMS AND HISTORY

NRS 381.004 Creation;composition; general duties of institutions.

1. The Division of Museums and History is herebycreated in the Department.

2. The Division consists of the Office of theAdministrator and a state system of museums consisting of the following museumsand historical societies, which are hereby established as institutions of theDivision:

(a) The Nevada State Museum;

(b) The Lost City Museum;

(c) The Nevada Museum and Historical Society;

(d) The Nevada Historical Society;

(e) The East Ely Depot Museum;

(f) The Nevada State Railroad Museum in Carson City;and

(g) The Nevada State Railroad Museum in Boulder City.

3. Each institution shall, in accordance with theduties assigned to it by the Administrator, collect, preserve and interpret thehistory, prehistory and natural history of this State.

(Added to NRS by 1979, 976; A 1985, 138; 1987, 1401;1993, 1585; 2001, 930)

NRS 381.0045 Establishmentof categories of and fees for membership in institutions; fees for admissionand train rides; policies and charges for use of property. The Board shall establish:

1. Categories of memberships in the institutions andthe fees to be charged for the memberships.

2. Fees for admission to the institutions. Childrenunder the age of 18 years must be admitted free of charge.

3. Fees for train rides provided by an institution.

4. Policies and charges for the incidental use, rentaland lease of the buildings, equipment, fixtures and other property of theDivision and its institutions.

(Added to NRS by 1985, 134; A 1989, 1520; 1993, 1585;2001, 930)

NRS 381.005 Administrator:Appointment; qualifications; classification; employment of staff.

1. The Administrator is appointed by the Director. TheDirector shall consult with the Board before making the appointment.

2. To be qualified for appointment, the Administratormust have a degree in history or science and experience in publicadministration.

3. The Administrator is in the unclassified service ofthe State.

4. The Administrator may employ, within the limits oflegislative appropriations, such staff as is necessary to the performance ofhis duties.

(Added to NRS by 1979, 976; A 1985, 138, 417, 450;1993, 1586)

NRS 381.006 Administrator:Powers and duties. For the property andfacilities of the Division, the Administrator:

1. Is responsible to the Director for the generaladministration of the Division and its institutions and for the submission ofits budgets, which must include the combined budgets of its institutions.

2. Shall supervise the museum directors of itsinstitutions in matters pertaining to the general administration of theinstitutions.

3. Shall coordinate the submission of requests by itsinstitutions for assistance from governmental sources.

4. Shall oversee the public relations of itsinstitutions.

5. Shall superintend the planning and development ofany new facilities for the Division or its institutions.

6. Shall assist the efforts of its institutions inimproving their services to the rural counties.

7. Shall supervise the facilities for storage whichare jointly owned or used by any of its institutions.

8. Shall trade, exchange and transfer exhibits andequipment when he considers it proper and the transactions are not sales.

9. May contract with any person to provide concessionson the grounds of the property and facilities of the Division, provided thatany contract permitting control of real property of the Division by anongovernmental entity must be executed as a lease pursuant to NRS 321.003, 321.335, 322.050,322.060 and 322.070.

10. Shall oversee the supervision, control, managementand operation of any buildings or properties in this State that are under thecontrol of the Division.

11. Shall supervise the furnishing, remodeling,repairing, alteration and erection of premises and buildings of the Division orpremises and buildings that may be conveyed or made available to the Division.

(Added to NRS by 1979, 976; A 1985, 138; 1987, 1401;1993, 1586; 2001, 930;2005, 1468, 2680)

NRS 381.0061 Administrator:Adoption of regulations. The Administratorshall adopt regulations governing the use and safe operation of locomotives, motorcars,cars, recreational or commercial rides on the trains and fixtures owned by theState of Nevada.

(Added to NRS by 2001, 929)

NRS 381.0062 Museumdirectors: Appointment and establishment of powers and duties by Administrator;classification; duty to exercise and carry out assigned powers and duties.

1. The Administrator shall:

(a) Appoint a museum director for each institution; and

(b) Establish the powers and duties of each museumdirector as necessary for the efficient operation of the Division pursuant tothe provisions of NRS 381.0063.

2. Each museum director is in the classified serviceof the State. The Department of Personnel, in cooperation with theAdministrator, shall classify the position of each museum director based on thepowers and duties he is required to carry out, the size and complexity of theprograms he is required to administer and such other considerations as aredeemed relevant by the Department of Personnel.

3. Each museum director shall exercise such powers andcarry out such duties as are assigned to him by the Administrator pursuant to NRS 381.0063.

(Added to NRS by 2001, 927)

NRS 381.0063 Museumdirectors: Powers and duties.

1. The Administrator shall, in accordance with anydirective received from the Director pursuant to NRS 232.005 or 378.0089, authorize or require each museumdirector to perform such duties set forth in subsection 2 as are necessary forthe operation of the institution administered by the museum director, aftergiving consideration to:

(a) The size and complexity of the programs the museumdirector is required to administer;

(b) The number of personnel needed to carry out thoseprograms;

(c) Requirements for accreditation; and

(d) Such other factors as are relevant to the needs ofthe institution and the Division.

2. The Administrator may authorize or require a museumdirector to:

(a) Oversee duties related to the auditing and approvalof all bills, claims and accounts of the institution administered by the museumdirector.

(b) Receive, collect, exchange, preserve, house, carefor, display and exhibit, particularly, but not exclusively, respecting theState of Nevada:

(1) Samples of the useful and fine arts,sciences and industries, relics, memorabilia, products, works, records, rareand valuable articles and objects, including, without limitation, drawings,etchings, lithographs, photographs, paintings, statuary, sculpture, fabrics,furniture, implements, machines, geological and mineral specimens, precious,semiprecious and commercial minerals, metals, earths, gems and stones.

(2) Books, papers, records and documents ofhistoric, artistic, literary or industrial value or interest by reason ofrarity, representative character or otherwise.

(c) Collect, gather and prepare the natural history ofNevada and the Great Basin.

(d) Establish such programs in archeology,anthropology, mineralogy, ethnology, ornithology and such other scientificprograms as in the judgment of the Board and Administrator may be proper andnecessary to carry out the objects and purposes appropriate to the institutionadministered by the museum director.

(e) Receive and collect property from any appropriateagency of the State of Nevada, or from accessions, gifts, exchanges, loans orpurchases from any other agencies, persons or sources.

(f) House and preserve, care for and display or exhibitproperty received by an institution. This paragraph does not prevent thepermanent or temporary retention, placement, housing or exhibition of a portionof the property in other places or locations in or outside of the State at thesole discretion of the Board.

(g) Make and obtain plans and specifications and letand supervise contracts for work or have the work done on force account or daylabor, supplying material or labor, or otherwise.

(h) Receive, accept and obtain by exchange in the nameof the State of Nevada all property loaned to the institution administered bythe museum director for preservation, care, display or exhibit, or decline andreject the property in his discretion, and undertake to be responsible for allproperty loaned to the institution or make just payment of any reasonable costsor rentals therefor.

(i) Apply for and expend all gifts and grants that theinstitution administered by the museum director is authorized to accept inaccordance with the terms and conditions of the gift or grant.

(j) Govern, manage and control the exhibit and displayof all property and things of the institution administered by the museumdirector at other exhibits, expositions, worlds fairs and places of public orprivate exhibition. Any property of the State of Nevada that may be placed ondisplay or on exhibition at any worlds fair or exposition must be taken intocustody by the Administrator at the conclusion of the worlds fair orexposition and placed and kept in the institution, subject to being removed andagain exhibited at the discretion of the Administrator or a person designatedby the Administrator.

(k) Negotiate and consult with and agree with otherinstitutions, departments, officers and persons or corporations of and in theState of Nevada and elsewhere respecting quarters for and the preservation,care, transportation, storage, custody, display and exhibit of articles andthings controlled by the institutions and respecting the terms and cost, themanner, time, place and extent, and the return thereof.

(l) Trade, exchange and transfer exhibits andduplicates when the Administrator deems it proper. Such transactions shall notbe deemed sales.

(m) Establish the qualifications for life, honorary,annual, sustaining and such other memberships as are established by the Boardpursuant to NRS 381.0045.

(n) Adopt rules for the internal operations of theinstitution administered by the museum director, including, without limitation,the operation of equipment of the institution.

3. The enumeration of the powers and duties that maybe assigned to a museum director pursuant to this section is not exclusive ofother general objects and purposes appropriate to a public museum.

4. The provisions of this section do not prohibit theAdministrator from making such administrative and organizational changes as arenecessary for the efficient operation of the Division and its institutions andto ensure that an institution properly carries out the duties andresponsibilities assigned to that institution.

(Added to NRS by 2001, 927)

NRS 381.0064 Fundfor Support of Division of Museums and History: Creation; use of interest andincome; transfer of money to State General Fund; annual submission of itemizedstatement.

1. The Fund for the Support of the Division of Museumsand History of the Department of Cultural Affairs is hereby created as aspecial revenue fund in the State Treasury. The interest and income earned onthe money in the Fund, in an amount not exceeding $300,000 per year, afterdeducting any applicable charges, must be credited to the Fund. Any interestand income earned in excess of $300,000 per year must be credited to the StateGeneral Fund.

2. The State Treasurer shall, subject to thelimitation in subsection 1, pay to the Administrator at the end of each quarteran amount equal to any interest and income credited to the Fund during thatquarter. The Administrator may use the money to pay the expenses related to theoperations of the Division.

3. The State Board of Examiners may, upon making adetermination that any portion of the principal of the money in the Fund isnecessary to meet existing or future obligations of the State, recommend to theInterim Finance Committee that the amount so needed be transferred from theFund to the State General Fund. Upon approval of the Interim Finance Committee,the money may be so transferred.

4. The Administrator shall submit an itemizedstatement of the income and expenditures of the Division each year to theLegislature, if it is in session or, if the Legislature is not in session, tothe Interim Finance Committee.

(Added to NRS by 1995, 2684; A 1997, 124; 2001, 931)

NRS 381.0075 Acceptanceof gifts. Any condition or restraint placed onany bequest, devise, endowment, trust allotment or other gift made to theDivision must be in writing. The Administrator and the Board must accept, inwriting, such a bequest, devise, endowment, trust allotment or gift before itbecomes the property of the State of Nevada.

(Added to NRS by 2001, 929)

NRS 381.008 Saleof duplicates, surplus and inappropriate items; use of proceeds. When not in conflict with any condition or restraintplaced on a gift and with the approval of the Board, the museum director ofeach institution may sell duplicates, surplus and items inappropriate to thecollection of the institution. The proceeds of the sale must be held in trustand may be expended only as approved by the Board for the purchase ofphotographs, memorabilia and other historical articles, and collections relatedto history, prehistory or natural history to enrich the collections of theDivision.

(Added to NRS by 1985, 134; A 1993, 1587; 2001, 931)

NRS 381.009 Acquisitionof abandoned property held by institution.

1. Any property held by an institution for 3 years ormore, to which no person has made claim, shall be deemed to be abandoned andbecomes the property of the Division if the Administrator complies with theprovisions of subsection 2.

2. The Administrator shall cause to be published in atleast one newspaper of general circulation in the county in which theinstitution is located at least once a week for 2 consecutive weeks a noticeand listing of the property. The notice must contain:

(a) The name and last known address, if any, of thelast known owner of the property;

(b) A description of the property; and

(c) A statement that if proof of a claim is notpresented by the owner to the institution and if the owners right to receivethe property is not established to the Administrators satisfaction within 60days after the date of the second published notice, the property will beconsidered abandoned and become the property of the Division.

3. If no claim has been made to the property within 60days after the date of the second published notice, title, including literaryrights, to the property vests in the Division, free from all claims of theowner and of all persons claiming through or under him.

(Added to NRS by 1985, 134; A 1993, 1587; 2001, 932, 1648)

PRESERVATION OF PREHISTORIC AND HISTORIC SITES

NRS 381.195 Definitions. As used in NRS 381.195to 381.227, inclusive:

1. Historic means after the middle of the 18th century.

2. Historic site means a site, landmark or monumentof historical significance pertaining to the history of the settlement ofNevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.

3. Museum Director means the Museum Director of theNevada State Museum.

4. Prehistoric means before the middle of the 18thcentury.

5. Prehistoric site means any archeological orpaleontological site, ruin, deposit, fossilized footprints and otherimpressions, petroglyphs and pictographs, habitation caves, rock shelters,natural caves, burial ground or sites of religious or cultural importance to anIndian tribe.

(Added to NRS by 1959, 290; A 1960, 98; 1977, 1207;1979, 977; 1985, 516; 2001,932; 2005, 568)

NRS 381.197 Permitrequired to investigate, explore or excavate historic or prehistoric site;applicability of penalties. Except for actiontaken under an agreement with the Office of Historic Preservation of theDepartment pursuant to NRS 383.430, andexcept as otherwise provided in this section, a person shall not investigate,explore or excavate an historic or prehistoric site on federal or state landsor remove any object therefrom unless he is the holder of a valid and currentpermit issued pursuant to the provisions of NRS381.195 to 381.227, inclusive.Conduct that would otherwise constitute a violation of this section is not aviolation of this section if it is also a violation of NRS 383.435.

(Added to NRS by 1959, 290; A 2005, 569)

NRS 381.199 Applicantfor permit required to secure state and federal permits.

1. An applicant is required to secure, from the MuseumDirector, or an agent designated by the Museum Director, a permit for theinvestigation, exploration or excavation of any state or federal lands withinthe boundaries of the State of Nevada.

2. If the land to be investigated, explored orexcavated is owned or held by the United States, the applicant is also requiredto secure a permit from the proper authorities in accordance with theprovisions of 16 U.S.C. 431 to 433, inclusive.

(Added to NRS by 1959, 290; A 1977, 1207; 2001, 932)

NRS 381.201 MuseumDirector may designate state agency as agent to issue permits; agency may adoptregulations. The Museum Director may designateany state board, state department, division of a state department or stateinstitution as an agent for the purpose of issuing permits. The agency sodesignated may adopt regulations relating to investigations, explorations orexcavations carried out pursuant to any permit issued by that agency.

(Added to NRS by 1959, 290; A 1977, 1207; 1989, 2000;2001, 932)

NRS 381.203 Qualificationsof applicant for permit; contents of application; regulations.

1. In order to qualify as the recipient of a permit,the applicant must show:

(a) That the investigation, exploration or excavationis undertaken for the benefit of a reputable museum, university, college orother recognized scientific or educational institution, with a view ofincreasing knowledge.

(b) That the gathering is made for permanentpreservation in public museums or other recognized educational or scientificinstitutions.

(c) That the applicant possesses sufficient knowledgeand scientific training to make such an investigation, exploration orexcavation.

(d) The location of the site where the applicantproposes to investigate, explore or excavate.

2. The Museum Director may prescribe reasonableregulations for carrying out such investigations, explorations or excavations.

(Added to NRS by 1959, 290; A 1977, 1207; 2001, 933)

NRS 381.205 Noticeto certain officers when permit granted. Upongranting the permit, the Museum Director shall immediately notify the Office ofHistoric Preservation, the sheriff in the county in which the permit is to beexercised, and personnel of the Nevada Highway Patrol controlling the stateroads of the district embracing the site in which the permit is to beexercised.

(Added to NRS by 1959, 291; A 1963, 828; 1977, 1208,1360; 1993, 1588; 2001,933)

NRS 381.207 Percentageof articles, implements and materials found or discovered by certain holders ofpermits to be given to state institutions and political subdivisions.

1. The holder of a permit, except as otherwiseprovided in subsections 2 and 3, who does work upon aboriginal mounds andearthworks, ancient burial grounds, prehistoric sites, deposits of fossil bonesor other archeological and vertebrate paleontological features within the Stateshall give to the State 50 percent of all articles, implements and materialsfound or discovered, to be deposited with the Nevada State Museum, forexhibition 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 receiptof items pursuant to this subsection, the Museum Director shall notify theOffice of Historic Preservation.

2. The holder of a permit who does any such workwithin the State under the authority and direction of the Nevada Historical Society,the Nevada Museum and Historical Society, or an institution or politicalsubdivision of the State shall give 50 percent of all articles, implements andmaterials found or discovered to the Society, institution or politicalsubdivision. The holder of the permit may retain the other 50 percent.

3. If the Nevada Historical Society, the Nevada Museumand Historical Society, or an institution or political subdivision of the Stateis the holder of the permit, it may retain all articles, implements and materialsfound or discovered.

4. Whenever the Office of Historic Preservationacquires articles, implements and materials under the provisions of thissection, they must be transferred to the Museum Director for exhibition orother 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)

NRS 381.209 Permit:Limitations and conditions. The MuseumDirector may limit a permit as to time and location. A permit may not begranted:

1. For a period of more than 1 year.

2. For investigation, exploration or excavation in alarger area than the applicant can reasonably be expected to explore fully andsystematically within the time limit set in the permit.

3. For the removal of any ancient monument, structureor site which can be permanently preserved under the control of the State ofNevada in situ, and remain an object of interest, if desired by the State, fora park, landmark or monument for the benefit of the public.

(Added to NRS by 1959, 292; A 1977, 1208; 2001, 933)

NRS 381.211 Permit:Renewal. A permit may be renewed for anadditional period of time upon application by the permit holder, if the workcontemplated by the permit has been diligently prosecuted.

(Added to NRS by 1959, 292)

NRS 381.213 Permit:Conditions for voiding. Failure to begin workunder the permit within 6 months after the effective date of the permit, orfailure to prosecute diligently such work after it is begun, shall render thepermit void without any order from the Board.

(Added to NRS by 1959, 292)

NRS 381.215 Reportof holder of permit to Museum Director. Afterthe close of each seasons work, within a reasonable time designated in thepermit, every permit holder shall furnish to the Museum Director a reportcontaining a detailed account of the work done, material collected and otherpertinent data.

(Added to NRS by 1959, 291; A 1977, 1208; 2001, 934)

NRS 381.217 Collectionsof petrified wood authorized; limitations. Apermit holder may collect specimens of petrified wood, subject to thelimitations of NRS 206.320.

(Added to NRS by 1959, 291)

NRS 381.219 Collectionof certain minerals and artifacts and photography not prohibited. Nothing contained in NRS381.195 to 381.227, inclusive, shallinterfere with or prevent any person from collecting minerals, rocks or gems,arrowheads or other Indian artifacts so long as they are not part of aprehistoric site, nor prevent the photographing of objects of interest.

(Added to NRS by 1959, 292)

NRS 381.221 Enforcementby Division of State Parks, sheriffs and other peace officers. The Division of State Parks of the State Department ofConservation and Natural Resources, and personnel thereof, the sheriffs intheir respective counties, the Nevada Highway Patrol, and all other peaceofficers shall be charged with the enforcement of NRS 381.195 to 381.227, inclusive. Those persons chargedwith the enforcement of NRS 381.195 to 381.227, inclusive, may, at any time, examinethe permit of any person claiming privileges granted under NRS 381.195 to 381.227, inclusive, and may fully examineall work done under the permit.

(Added to NRS by 1959, 291; A 1963, 828)

NRS 381.223 Seizureand forfeiture of object of antiquity taken without permit. Any object of antiquity taken, or collection made, onhistoric or prehistoric sites covered by NRS381.195 to 381.227, inclusive,without a permit must be seized by the proper law enforcement officers, whoshall notify the Museum Director of the action. The object or collection sotaken must be forfeited to the State for exhibition or other use within theState as determined by the Museum Director. Upon receipt of any forfeited itempursuant to this section the Museum Director shall notify the Office ofHistoric Preservation.

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

NRS 381.225 Actsof vandalism unlawful; penalty.

1. It is unlawful for any person to commit vandalismupon any historic or prehistoric sites, natural monuments, speleological sitesand objects of antiquity, or to write or paint or carve initials or words, orin any other way deface, any of those objects, Indian paintings or historicbuildings.

2. Unless a greater penalty is provided in NRS 206.125, a person violating theprovisions of subsection 1 is guilty of a public offense proportionate to thevalue of the property damaged or destroyed as set forth in NRS 193.155.

(Added to NRS by 1959, 291; A 1989, 899, 2000)

NRS 381.227 Penalty. Unless a greater penalty is provided by a specific statuteand except as otherwise provided in NRS381.225, any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1959, 292; A 1967, 563; 1989, 2001; 2005, 569)

NEVADA HISTORICAL SOCIETY

NRS 381.245 Preservationof old and obsolete property and public records from Division of State Libraryand Archives. The Nevada Historical Societyshall preserve as is deemed appropriate all old and obsolete property andobsolete and noncurrent public records presented to it by the State Library andArchives Administrator from the archives and records of the Division of StateLibrary and Archives of the Department.

(Added to NRS by 2001, 929)

NRS 381.255 Statepublications to be donated for deposit in Societys collections.

1. To enable the Nevada Historical Society to augmentits collection by effecting exchanges with other societies and institutions,one bound copy each of the several publications of the State and of itssocieties and institutions, except the Nevada Reports and Statutes of Nevada,must be donated to the Nevada Historical Society as they are issued. Thepublications must be delivered to the Society by the Secretary of State oranother elected officer who has custody of the publications.

2. One set of the Nevada Reports and one set ofStatutes of Nevada must be donated to the Society, which, together with one setof all the publications donated in compliance with the provisions of subsection1, must be deposited in the collections of the Society.

(Added to NRS by 2001, 929)