2005 Nevada Revised Statutes - Chapter 383 — Historic Preservation and Archeology
CHAPTER 383 - HISTORIC PRESERVATION ANDARCHEOLOGY
GENERAL PROVISIONS
NRS 383.011 Definitions.
NRS 383.021 Creationof Office of Historic Preservation; duties; inclusion of Comstock HistoricDistrict Commission within Office.
NRS 383.031 Administrator:Qualifications.
NRS 383.041 Administrator:Duties; employment of personnel.
NRS 383.075 Administrator:Establishment of stewardship program; selection and training of volunteers;powers of program; acceptance of gifts and grants.
NRS 383.081 Preparationand contents of plan for statewide historic preservation; federal financialassistance.
NRS 383.085 StateRegister of Historic Places.
NRS 383.091 Programfor historical markers.
NRS 383.101 Grants,gifts and donations; payment for services rendered.
NRS 383.111 Contracts:Historic preservation and archeological activities; expenses for overhead.
NRS 383.121 Intergovernmentalcooperation required.
NRS 383.125 Programsby certain nonprofit organizations to raise money to benefit historic places;prohibitions; regulations.
PROTECTION OF INDIAN BURIAL SITES
NRS 383.150 Definitions.
NRS 383.160 Dutiesof Office of Historic Preservation.
NRS 383.170 Procedureupon discovery of Indian burial site; permissible excavation.
NRS 383.180 Prohibitedacts; penalties; exceptions.
NRS 383.190 Civilremedy.
PROTECTION OF HISTORIC AND PREHISTORIC SITES
NRS 383.400 Definitions.
NRS 383.405 Historicsite defined.
NRS 383.410 Politicalsubdivision defined.
NRS 383.415 Prehistoricsite defined.
NRS 383.420 Stateagency defined.
NRS 383.425 Stateland defined.
NRS 383.430 Officeof Historic Preservation authorized to enter into agreement with state agencyor political subdivision regarding acquisition of land from Federal Government;requirements of agreement; submission of information to Office required forchanges to use of land or new project on land.
NRS 383.435 Prohibitedacts; penalties; exceptions; civil remedy.
NRS 383.440 Regulations.
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GENERAL PROVISIONS
NRS
1. Administrator means the Administrator of theOffice.
2. Advisory Board means the Board of Museums andHistory.
3. Cultural resources means any objects, sites orinformation of historic, prehistoric, archeological, architectural orpaleontological significance.
4. Director means the Director of the Department ofCultural Affairs.
5. Office means the Office of Historic Preservationof the Department of Cultural Affairs.
(Added to NRS by 1977, 1357; A 1993, 1592;
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1. The Office of Historic Preservation is herebycreated.
2. The Office shall:
(a) Encourage, plan and coordinate historicpreservation and archeological activities within the State, including programsto survey, record, study and preserve or salvage cultural resources.
(b) Compile and maintain an inventory of culturalresources in Nevada deemed significant by the Administrator.
(c) Designate repositories for the materials thatcomprise the inventory.
3. The Comstock Historic District Commission is withinthe Office.
(Added to NRS by 1977, 1357; A 1985, 716; 1989, 504;1993, 1592; 2005,1576)
NRS
1. Must be selected by the Director with specialreference to his training, experience, capacity and interest in historicpreservation or archeology, or both.
2. Must have an advanced degree in history,archeology, architectural history, historic preservation or a related field orin public administration with course work and experience in one of the fieldsof historic preservation and archeology.
(Added to NRS by 1977, 1357; A 1985, 418; 1993, 1592)
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(Added to NRS by 1977, 1357; A 1993, 1592)
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1. The Administrator shall, by regulation, establish astewardship program to:
(a) Protect cultural resources located on public landin this State;
(b) Increase public awareness of the significance andvalue of cultural resources and the damage done to cultural resources by an actof vandalism;
(c) Discourage acts of vandalism and the unlawful saleand trade of artifacts, including, without limitation, archeological andpaleontological materials;
(d) Support and encourage improved standards forinvestigating and researching cultural resources in this State;
(e) Promote cooperation among governmental agencies,organizations, private industries, Native American tribes and persons who wishto protect cultural resources and enter into agreements with those agencies,organizations, private industries, Native American tribes and persons topromote the protection of cultural resources; and
(f) Increase the inventory of cultural resourcesmaintained pursuant to NRS 383.021.
2. The Administrator shall select, train and certifyvolunteers to serve in the stewardship program based upon the requirementsestablished by the Administrator.
3. The stewardship program may:
(a) In cooperation with governmental agencies,organizations, private industries, Native American tribes and persons specifiedin paragraph (e) of subsection 1, submit a proposed list to the Administratorfor his approval setting forth any sites that are or may include culturalresources located on public land in this State;
(b) Schedule periodic monitoring activities byvolunteers of sites included on the list approved pursuant to paragraph (a);
(c) Establish requirements for reporting any act ofvandalism to appropriate authorities as determined by the Administrator; and
(d) Establish programs for educating the members of thepublic concerning the significance and value of cultural resources and the lossto the members of the public resulting from damage to cultural resources.
4. The Administrator shall coordinate the activitiesof federal agencies, private industries, Native American tribes and state andlocal governmental agencies, as necessary, to carry out the stewardshipprogram.
5. The Administrator and the Office shall provideadministrative services to assist in carrying out the stewardship program.
6. Volunteers selected for the stewardship programserve without compensation and are not entitled to receive any per diemallowance or travel expenses.
7. The Administrator may accept gifts, grants,donations or contributions from any source to assist him in carrying out thestewardship program.
8. As used in this section, act of vandalism meansto damage, destroy or commit or threaten to commit any other act that defacesor harms any cultural resources without the consent of the owner or appropriategovernmental agency, including, without limitation, inscribing, marking,etching, scratching, drawing, painting on or affixing to the cultural resourcesany mark, figure or design.
(Added to NRS by
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1. The Administrator shall prepare and maintain acomprehensive statewide historic preservation plan. The plan must contain:
(a) An evaluation of the needs for preservation ofhistoric sites;
(b) A program for carrying out the plan; and
(c) Other information which the Administratordetermines to be necessary.
2. The plan must:
(a) Take into account relevant federal resources andprograms; and
(b) Be correlated insofar as practicable with otherstate, regional and local plans.
3. The Administrator, subject to approval by theDirector, may represent and act for the State in dealing with the FederalGovernment or any of its agencies, instrumentalities or officers for thepurposes of receiving financial assistance for planning, acquisition ordevelopment of historic preservation projects pursuant to the provisions offederal law.
4. The Administrator, subject to approval by theDirector, may administer and disburse to other state agencies, politicalsubdivisions, eleemosynary organizations, nonprofit organizations and privatepersons and enterprises money paid by the Federal Government to the State ofNevada as financial assistance for planning, acquisition or development ofhistoric preservation projects, and the Administrator shall, on behalf of theState, keep such records as the Federal Government prescribes and as willfacilitate an effective audit, including records which fully disclose:
(a) The amount and the disposition by the State of theproceeds of that assistance;
(b) The total cost of the project or undertaking inconnection with such assistance as given or used; and
(c) The amount and nature of that portion of the costof the project or undertaking supplied by other sources.
5. Authorized representatives of the FederalGovernment have access for the purpose of audit and examination to any books,documents, papers and records of the State that are pertinent to financialassistance received by the State pursuant to federal law for planning,acquisition or development of historic preservation projects.
(Added to NRS by 1977, 1358; A 1979, 159)
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1. The Office shall prepare and maintain the StateRegister of Historic Places.
2. The Office shall establish procedures,qualifications and standards for listing historic places in the State Register.
3. The Office shall prepare a list of eligible sites,structures, objects and districts on public and private land.
4. The Administrator may, by agreement with theappropriate state agency or private owner, place any site, structure, object ordistrict which is located on state or private land in the State Register. TheAdministrator may by agreement with the appropriate federal agency place anysite, structure, object or district which is located on federal land in theState Register.
(Added to NRS by 1979, 272; A 1993, 1593)
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1. The Administrator shall:
(a) Establish the qualifications and standards for ahistorical markers program, designate and make an inventory of qualified siteson both public and privately owned lands, and place and maintain historicalmarkers on all public lands and all private lands when the owner consents.
(b) Establish a state historical marker registrysystem.
(c) Consult with the Nevada Historical Society todetermine the content of the legend on all markers. The Nevada HistoricalSociety has the final authority to determine the content of any legend.
(d) Solicit the cooperation of owners of privateproperty for the installation of historical markers on eligible properties andstructures in order that they may be included in the State Historical MarkerRegistry.
(e) Except as otherwise provided in subsection 3,install, maintain and protect all registered historical markers.
2. The Administrator may contract with, or cooperatewith, public or private agencies for suitable markers and directional signs,including signs on highways and roads, at the site of, or on the approaches to,registered historical markers. The contracts may include provisions for theinstallation, maintenance and protection of the markers.
3. When the owner of private property consents to theplacement by a nonprofit organization of a historical marker in or on astructure located on his property, he shall be deemed to have consented to themaintenance of the historical marker in or on the structure for as long as thestructure remains standing unless he notifies the nonprofit organization andrequests the organization to remove the historical marker. The owner shallnotify any person to whom he sells or otherwise transfers ownership of thestructure of the duty to maintain the historical marker. The purchaser of astructure in or on which a historical marker has been placed by a nonprofitorganization shall maintain the historical marker on the structure for as longas he owns the structure and shall notify any person to whom he sells or otherwisetransfers ownership of the structure of the duty to maintain the historicalmarker unless the purchaser notifies the nonprofit organization and requeststhe organization to remove the historical marker. If the structure in or onwhich a historical marker is placed by a nonprofit organization is renovated orremodeled in such a manner as to require the removal of the historical marker,the owner shall ensure that the marker is reattached to the structure in thesame place or in a place of similar prominence as soon as practicable after thecompletion of the renovation or remodeling project.
(Added to NRS by 1977, 1358; A 1997, 3127)
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1. Apply for grants, gifts and donations from publicand private sources, including the Federal Government.
2. Receive money from public and private sources inpayment for services rendered.
(Added to NRS by 1977, 1358; A 1979, 618)
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1. The Administrator, subject to the approval of theDirector, may negotiate contracts for:
(a) Historic preservation activities.
(b) Archeological activities.
2. Any contract for services may include a chargesufficient to cover overhead expenses.
(Added to NRS by 1977, 1358)
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1. All departments, commissions, boards and otheragencies of the State and its political subdivisions shall cooperate with theOffice in order to salvage or preserve historic, prehistoric orpaleoenvironmental evidence located on property owned or controlled by theUnited States, the State of Nevada or its political subdivisions.
2. When any agency of the State or its politicalsubdivisions is preparing or has contracted to excavate or perform work of anykind on property owned or controlled by the United States, the State of Nevadaor its political subdivisions which may endanger historic, prehistoric orpaleoenvironmental evidence found on the property, or when any artifact, siteor other historic or prehistoric evidence is discovered in the course of suchexcavation or work, the agency or the contractor hired by the agency shallnotify the Office and cooperate with the Office to the fullest extentpracticable, within the appropriations available to the agency or politicalsubdivision for that purpose, to preserve or permit study of such evidencebefore its destruction, displacement or removal.
3. The provisions of this section must be made knownto all private contractors performing such excavation or work for any agency ofthe State or its political subdivisions.
(Added to NRS by 1977, 1359; A 1993, 1593)
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1. A nonprofit organization that has as its primarypurpose the raising of money to benefit historic places in this State that arelisted in the State Register of Historic Places or the National Register ofHistoric Places, or programs conducted pursuant thereto, may, with the approvalof the Administrator, engage in a program to raise money to benefit such ahistoric place or program pursuant to which a donor of money is allowed to namesuch a historic place, or any portion thereof, that receives any part of itsfunding from or through this State.
2. The Administrator shall not approve a programpursuant to which a donor is allowed to rename a historic place or any portionthereof.
3. The Administrator may adopt such regulations as hedetermines are necessary to carry out the provisions of this section.
(Added to NRS by
PROTECTION OF INDIAN BURIAL SITES
NRS
1. Cairn means stones or other material placed in apile as a memorial or monument to the dead.
2. Grave means an excavation for burial of a humanbody.
3. Indian burial site means the area including andimmediately surrounding the cairn or grave of a native Indian.
4. Indian tribe means a Nevada Indian triberecognized by the Secretary of the Interior.
5. Professional archeologist means a person whoholds a graduate degree in archeology, anthropology or a closely related fieldas determined by the Director of the Division.
(Added to NRS by 1989, 573)
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1. Upon application by:
(a) An interested landowner, assist the landowner innegotiating an agreement with an Indian tribe for the treatment and dispositionof an Indian burial site and any artifacts and human remains associated withthe site; and
(b) Either party, mediate a dispute arising between alandowner and an Indian tribe relating to the treatment and disposition of anIndian burial site and any artifacts and human remains associated with the site.
2. In performing its duties pursuant to
(a) Protect Indian burial sites and any associatedartifacts and human remains from vandalism and destruction; and
(b) Provide for the sensitive treatment and dispositionof Indian burial sites and any associated artifacts and human remainsconsistent with the planned use of land.
(Added to NRS by 1989, 575; A 1993, 1593)
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1. A person who disturbs the cairn or grave of anative Indian through inadvertence while engaged in a lawful activity such asconstruction, mining, logging or farming or any other person who discovers thecairn or grave of a native Indian that has not been previously reported to theOffice shall immediately report the discovery and the location of the Indianburial site to the Office. The Office shall immediately consult with the NevadaIndian Commission and notify the appropriate Indian tribe. The Indian tribemay, with the permission of the landowner, inspect the site and recommend anappropriate means for the treatment and disposition of the site and allartifacts and human remains associated with the site.
2. If the Indian burial site is located on privateland and:
(a) The Indian tribe fails to make a recommendationwithin 48 hours after it receives notification pursuant to subsection 1; or
(b) The landowner rejects the recommendation andmediation conducted pursuant to NRS 383.160fails to provide measures acceptable to the landowner,
thelandowner shall, at his own expense, reinter with appropriate dignity all artifactsand human remains associated with the site in a location not subject to furtherdisturbance.
3. If the Indian burial site is located on public landand action is necessary to protect the burial site from immediate destruction,the Office may cause a professional archeologist to excavate the site andremove all artifacts and human remains associated with the site for subsequentreinterment, following scientific study, under the supervision of the Indiantribe.
4. Any other excavation of an Indian burial site maybe conducted only:
(a) By a professional archeologist;
(b) After written notification to the Administrator;and
(c) With the prior written consent of the appropriateIndian tribe. Failure of a tribe to respond to a request for permission within60 days after its mailing by certified mail, return receipt requested, shall bedeemed consent to the excavation.
Allartifacts and human remains removed during such an excavation must, followingscientific study, be reinterred under the supervision of the Indian tribe,except that the Indian tribe may, by explicit written consent, authorize thepublic display of a particular artifact. The archeologist, Indian tribe andlandowner shall negotiate an agreement to determine who will pay the expensesrelated to the interment.
(Added to NRS by 1989, 574; A 1993, 928, 1594; 1995,579)
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1. Except as otherwise provided in
2. A person who fails to notify the Division of thediscovery and location of an Indian burial site in violation of
3. A person who:
(a) Possesses any artifact or human remains taken fromthe cairn or grave of a native Indian on or after October 1, 1989, in a mannerother than that authorized by NRS 383.170;
(b) Publicly displays or exhibits any of the humanremains of a native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from thecairn or grave of a native Indian,
is guilty ofa category D felony and shall be punished as provided in
4. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location otherthan the cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a nativeIndian by other than human action; or
(b) Action taken by a peace officer in the performanceof his duties.
(Added to NRS by 1989, 574; A 1993, 929; 1995, 1271)
1. In addition to the imposition of any criminalpenalty, an Indian tribe or an enrolled member of an Indian tribe may bring acivil action to secure an injunction, damages and other appropriate reliefagainst a person who violates NRS 383.170or 383.180. The action must be broughtwithin 2 years after the discovery of the action by the plaintiff. The actionmay be filed in the district court for the county in which the cairn, grave,artifacts or remains are located, or within which the defendant resides.
2. If the plaintiff prevails in the action:
(a) The court may award reasonable attorney fees to theplaintiff.
(b) The court may grant injunctive or such otherequitable relief as is appropriate, including forfeiture of any artifacts orhuman remains acquired or equipment used in the violation. The court shall orderthe disposition of any forfeited equipment as it sees fit, and order thereinterment of the artifacts and human remains at the defendants expense underthe supervision of the Indian tribe.
(c) The plaintiff may recover actual damages.
3. If the defendant prevails in the action, the courtmay award reasonable attorney fees to the defendant.
(Added to NRS by 1989, 575)
PROTECTION OF HISTORIC AND PREHISTORIC SITES
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1. Upon request by any state agency or politicalsubdivision, the Office may enter into an agreement with that state agency orpolitical subdivision regarding any land which the state agency or politicalsubdivision intends to acquire from an agency of the Federal Government. Theagency of the Federal Government may be a party to the agreement.
2. An agreement made pursuant to subsection 1 must:
(a) Include provisions that are sufficient to ensurethat the land, when acquired, will receive protection for any historic orprehistoric site at a level equivalent to the protection provided if the landhad remained under federal ownership;
(b) Require the state agency or political subdivisionto submit a proposal and consult with the Office before changing the use of theland or initiating a project on any portion of the land; and
(c) Require that any expenses associated with carryingout the agreement are the responsibility of the state agency or politicalsubdivision.
3. If a state agency or political subdivision submitsa proposal to change the use of the land or initiate a project on any portionof the land pursuant to paragraph (b) of subsection 2, the state agency orpolitical subdivision shall:
(a) Provide to the Office a written statement:
(1) Identifying any Indian tribes that may beconcerned with the religious or cultural importance of the site and otherinterested persons for inclusion in the consultation required pursuant toparagraph (b) of subsection 2;
(2) Identifying any historic or prehistoricsites in accordance with the requirements of the Office for recording andreporting for those sites;
(3) Evaluating any historic or prehistoric sitesfor inclusion in the State Register of Historic Places, including any textexcavations or other research;
(4) Evaluating the effect of the change in useof the land or the project on a historic or prehistoric site that is eligiblefor inclusion in the State Register of Historic Places; and
(5) Evidencing the preparation and carrying outof treatment plans that comply with the requirements of the Office for thoseplans; and
(b) Any other information relating to the proposedchange of use required by the Office.
(Added to NRS by
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1. Except as otherwise provided in this section, aperson who knowingly and willfully removes, mutilates, defaces, excavates,injures or destroys a historic or prehistoric site or resource on state land orwho receives, traffics in or sells cultural property appropriated from stateland without a valid permit, unless a greater penalty is provided by a specificstatute:
(a) For a first offense, is guilty of a misdemeanor andshall be punished by a fine of $500.
(b) For a second or subsequent offense, is guilty of agross misdemeanor and shall be punished by imprisonment in the county jail fornot more than 1 year or by a fine of not more than $3,000, or by both fine andimprisonment.
2. This section does not apply to any action taken:
(a) In accordance with an agreement with the Officeentered into pursuant to NRS 383.430; or
(b) In accordance with the provisions of
3. In addition to any other penalty, a person who violatesa provision of this section is liable for civil damages to the state agency orpolitical subdivision which has jurisdiction over the state land in an amountequal to the cost or, in the discretion of the court, an amount equal to twicethe cost of the restoration, stabilization and interpretation of the site plusany court costs and fees.
(Added to NRS by
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