USA Statutes : nevada
Title : Title 33 - LIBRARIES; MUSEUMS; HISTORIC PRESERVATION
Chapter : CHAPTER 383 - HISTORIC PRESERVATION AND ARCHEOLOGY
As used in this chapter, unless the
context otherwise requires:
1. “Administrator” means the Administrator of the Office.
2. “Advisory Board” means the Board of Museums and History.
3. “Cultural resources” means any objects, sites or information of
historic, prehistoric, archeological, architectural or paleontological
significance.
4. “Director” means the Director of the Department of Cultural
Affairs.
5. “Office” means the Office of Historic Preservation of the
Department of Cultural Affairs.
(Added to NRS by 1977, 1357; A 1993, 1592; 2001, 934 ; 2005, 1576 )
1. The Office of Historic Preservation is hereby created.
2. The Office shall:
(a) Encourage, plan and coordinate historic preservation and
archeological activities within the State, including programs to survey,
record, study and preserve or salvage cultural resources.
(b) Compile and maintain an inventory of cultural resources in
Nevada deemed significant by the Administrator.
(c) Designate repositories for the materials that comprise the
inventory.
3. The Comstock Historic District Commission is within the Office.
(Added to NRS by 1977, 1357; A 1985, 716; 1989, 504; 1993, 1592;
2005, 1576 )
The Administrator of
the Office:
1. Must be selected by the Director with special reference to his
training, experience, capacity and interest in historic preservation or
archeology, or both.
2. Must have an advanced degree in history, archeology,
architectural history, historic preservation or a related field or in
public administration with course work and experience in one of the
fields of historic preservation and archeology.
(Added to NRS by 1977, 1357; A 1985, 418; 1993, 1592)
The
Administrator, subject to administrative supervision by the Director, is
responsible for carrying out all provisions of law relating to the
functions of the Office. He may employ, within the limits of available
money, any clerical and operational personnel necessary for the
administration of the Office.
(Added to NRS by 1977, 1357; A 1993, 1592)
1. The Administrator shall, by regulation, establish a stewardship
program to:
(a) Protect cultural resources located on public land in this State;
(b) Increase public awareness of the significance and value of
cultural resources and the damage done to cultural resources by an act of
vandalism;
(c) Discourage acts of vandalism and the unlawful sale and trade of
artifacts, including, without limitation, archeological and
paleontological materials;
(d) Support and encourage improved standards for investigating and
researching cultural resources in this State;
(e) Promote cooperation among governmental agencies, organizations,
private industries, Native American tribes and persons who wish to
protect cultural resources and enter into agreements with those agencies,
organizations, private industries, Native American tribes and persons to
promote the protection of cultural resources; and
(f) Increase the inventory of cultural resources maintained
pursuant to NRS 383.021 .
2. The Administrator shall select, train and certify volunteers to
serve in the stewardship program based upon the requirements established
by the Administrator.
3. The stewardship program may:
(a) In cooperation with governmental agencies, organizations,
private industries, Native American tribes and persons specified in
paragraph (e) of subsection 1, submit a proposed list to the
Administrator for his approval setting forth any sites that are or may
include cultural resources located on public land in this State;
(b) Schedule periodic monitoring activities by volunteers of sites
included on the list approved pursuant to paragraph (a);
(c) Establish requirements for reporting any act of vandalism to
appropriate authorities as determined by the Administrator; and
(d) Establish programs for educating the members of the public
concerning the significance and value of cultural resources and the loss
to the members of the public resulting from damage to cultural resources.
4. The Administrator shall coordinate the activities of federal
agencies, private industries, Native American tribes and state and local
governmental agencies, as necessary, to carry out the stewardship program.
5. The Administrator and the Office shall provide administrative
services to assist in carrying out the stewardship program.
6. Volunteers selected for the stewardship program serve without
compensation and are not entitled to receive any per diem allowance or
travel expenses.
7. The Administrator may accept gifts, grants, donations or
contributions from any source to assist him in carrying out the
stewardship program.
8. As used in this section, “act of vandalism” means to damage,
destroy or commit or threaten to commit any other act that defaces or
harms any cultural resources without the consent of the owner or
appropriate governmental agency, including, without limitation,
inscribing, marking, etching, scratching, drawing, painting on or
affixing to the cultural resources any mark, figure or design.
(Added to NRS by 2005, 1575 )
1. The Administrator shall prepare and maintain a comprehensive
statewide historic preservation plan. The plan must contain:
(a) An evaluation of the needs for preservation of historic sites;
(b) A program for carrying out the plan; and
(c) Other information which the Administrator determines to be
necessary.
2. The plan must:
(a) Take into account relevant federal resources and programs; and
(b) Be correlated insofar as practicable with other state, regional
and local plans.
3. The Administrator, subject to approval by the Director, may
represent and act for the State in dealing with the Federal Government or
any of its agencies, instrumentalities or officers for the purposes of
receiving financial assistance for planning, acquisition or development
of historic preservation projects pursuant to the provisions of federal
law.
4. The Administrator, subject to approval by the Director, may
administer and disburse to other state agencies, political subdivisions,
eleemosynary organizations, nonprofit organizations and private persons
and enterprises money paid by the Federal Government to the State of
Nevada as financial assistance for planning, acquisition or development
of historic preservation projects, and the Administrator shall, on behalf
of the State, keep such records as the Federal Government prescribes and
as will facilitate an effective audit, including records which fully
disclose:
(a) The amount and the disposition by the State of the proceeds of
that assistance;
(b) The total cost of the project or undertaking in connection with
such assistance as given or used; and
(c) The amount and nature of that portion of the cost of the
project or undertaking supplied by other sources.
5. Authorized representatives of the Federal Government have
access for the purpose of audit and examination to any books, documents,
papers and records of the State that are pertinent to financial
assistance 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)
1. The Office shall prepare and maintain the State Register 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 the appropriate state
agency or private owner, place any site, structure, object or district
which is located on state or private land in the State Register. The
Administrator may by agreement with the appropriate federal agency place
any site, structure, object or district which is located on federal land
in the State Register.
(Added to NRS by 1979, 272; A 1993, 1593)
1. The Administrator shall:
(a) Establish the qualifications and standards for a historical
markers program, designate and make an inventory of qualified sites on
both public and privately owned lands, and place and maintain historical
markers on all public lands and all private lands when the owner consents.
(b) Establish a state historical marker registry system.
(c) Consult with the Nevada Historical Society to determine the
content of the legend on all markers. The Nevada Historical Society has
the final authority to determine the content of any legend.
(d) Solicit the cooperation of owners of private property for the
installation of historical markers on eligible properties and structures
in order that they may be included in the State Historical Marker
Registry.
(e) Except as otherwise provided in subsection 3, install, maintain
and protect all registered historical markers.
2. The Administrator may contract with, or cooperate with, 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
the installation, maintenance and protection of the markers.
3. When the owner of private property consents to the placement by
a nonprofit organization of a historical marker in or on a structure
located on his property, he shall be deemed to have consented to the
maintenance of the historical marker in or on the structure for as long
as the structure remains standing unless he notifies the nonprofit
organization and requests the organization to remove the historical
marker. The owner shall notify any person to whom he sells or otherwise
transfers ownership of the structure of the duty to maintain the
historical marker. The purchaser of a structure in or on which a
historical marker has been placed by a nonprofit organization shall
maintain the historical marker on the structure for as long as he owns
the structure and shall notify any person to whom he sells or otherwise
transfers ownership of the structure of the duty to maintain the
historical marker unless the purchaser notifies the nonprofit
organization and requests the organization to remove the historical
marker. If the structure in or on which a historical marker is placed by
a nonprofit organization is renovated or remodeled 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 the same place or in a place
of similar prominence as soon as practicable after the completion of the
renovation or remodeling project.
(Added to NRS by 1977, 1358; A 1997, 3127)
The Administrator, subject to the approval of the Director,
may:
1. Apply for grants, gifts and donations from public and private
sources, including the Federal Government.
2. Receive money from public and private sources in payment for
services rendered.
(Added to NRS by 1977, 1358; A 1979, 618)
1. The Administrator, subject to the approval of the Director, may
negotiate contracts for:
(a) Historic preservation activities.
(b) Archeological activities.
2. Any contract for services may include a charge sufficient to
cover overhead expenses.
(Added to NRS by 1977, 1358)
1. All departments, commissions, boards and other agencies of the
State and its political subdivisions shall cooperate with the Office in
order to salvage or preserve historic, prehistoric or paleoenvironmental
evidence located on property owned or controlled by the United States,
the State of Nevada or its political subdivisions.
2. When any agency of the State or its political subdivisions is
preparing or has contracted to excavate or perform work of any kind on
property owned or controlled by the United States, the State of Nevada or
its political subdivisions which may endanger historic, prehistoric or
paleoenvironmental evidence found on the property, or when any artifact,
site or other historic or prehistoric evidence is discovered in the
course of such excavation or work, the agency or the contractor hired by
the agency shall notify the Office and cooperate with the Office to the
fullest extent practicable, within the appropriations available to the
agency or political subdivision for that purpose, to preserve or permit
study of such evidence before its destruction, displacement or removal.
3. The provisions of this section must be made known to all
private contractors performing such excavation or work for any agency of
the State or its political subdivisions.
(Added to NRS by 1977, 1359; A 1993, 1593)
1. A nonprofit organization that has as its primary purpose the
raising of money to benefit historic places in this State that are listed
in the State Register of Historic Places or the National Register of
Historic Places, or programs conducted pursuant thereto, may, with the
approval of the Administrator, engage in a program to raise money to
benefit such a historic place or program pursuant to which a donor of
money is allowed to name such a historic place, or any portion thereof,
that receives any part of its funding from or through this State.
2. The Administrator shall not approve a program pursuant to which
a donor is allowed to rename a historic place or any portion thereof.
3. The Administrator may adopt such regulations as he determines
are necessary to carry out the provisions of this section.
(Added to NRS by 2001, 1653 )
PROTECTION OF INDIAN BURIAL SITES
As used in NRS 383.150 to 383.190 ,
inclusive, unless the context otherwise requires:
1. “Cairn” means stones or other material placed in a pile as a
memorial or monument to the dead.
2. “Grave” means an excavation for burial of a human body.
3. “Indian burial site” means the area including and immediately
surrounding the cairn or grave of a native Indian.
4. “Indian tribe” means a Nevada Indian tribe recognized by the
Secretary of the Interior.
5. “Professional archeologist” means a person who holds a graduate
degree in archeology, anthropology or a closely related field as
determined by the Director of the Division.
(Added to NRS by 1989, 573)
The Office
shall:
1. Upon application by:
(a) An interested landowner, assist the landowner in negotiating an
agreement with an Indian tribe for the treatment and disposition of an
Indian burial site and any artifacts and human remains associated with
the site; and
(b) Either party, mediate a dispute arising between a landowner
and an Indian tribe relating to the treatment and disposition of an
Indian burial site and any artifacts and human remains associated with
the site.
2. In performing its duties pursuant to NRS 383.150 to 383.190 ,
inclusive, endeavor to:
(a) Protect Indian burial sites and any associated artifacts and
human remains from vandalism and destruction; and
(b) Provide for the sensitive treatment and disposition of Indian
burial sites and any associated artifacts and human remains consistent
with the planned use of land.
(Added to NRS by 1989, 575; A 1993, 1593)
1. A person who disturbs the cairn or grave of a native Indian
through inadvertence while engaged in a lawful activity such as
construction, mining, logging or farming or any other person who
discovers the cairn or grave of a native Indian that has not been
previously reported to the Office shall immediately report the discovery
and the location of the Indian burial site to the Office. The Office
shall immediately consult with the Nevada Indian Commission and notify
the appropriate Indian tribe. The Indian tribe may, with the permission
of the landowner, inspect the site and recommend an appropriate means for
the treatment and disposition of the site and all artifacts and human
remains associated with the site.
2. If the Indian burial site is located on private land and:
(a) The Indian tribe fails to make a recommendation within 48 hours
after it receives notification pursuant to subsection 1; or
(b) The landowner rejects the recommendation and mediation
conducted pursuant to NRS 383.160 fails
to provide measures acceptable to the landowner,
Ê the landowner shall, at his own expense, reinter with appropriate
dignity all artifacts and human remains associated with the site in a
location not subject to further disturbance.
3. If the Indian burial site is located on public land and action
is necessary to protect the burial site from immediate destruction, the
Office may cause a professional archeologist to excavate the site and
remove all artifacts and human remains associated with the site for
subsequent reinterment, following scientific study, under the supervision
of the Indian tribe.
4. Any other excavation of an Indian burial site may be conducted
only:
(a) By a professional archeologist;
(b) After written notification to the Administrator; and
(c) With the prior written consent of the appropriate Indian tribe.
Failure of a tribe to respond to a request for permission within 60 days
after its mailing by certified mail, return receipt requested, shall be
deemed consent to the excavation.
Ê All artifacts and human remains removed during such an excavation must,
following scientific study, be reinterred under the supervision of the
Indian tribe, except that the Indian tribe may, by explicit written
consent, authorize the public display of a particular artifact. The
archeologist, Indian tribe and landowner shall negotiate an agreement to
determine who will pay the expenses related to the interment.
(Added to NRS by 1989, 574; A 1993, 928, 1594; 1995, 579)
1. Except as otherwise provided in NRS 383.170 , a person who willfully removes, mutilates,
defaces, injures or destroys the cairn or grave of a native Indian shall
be punished by a fine of $500 for the first offense, or by a fine of not
more than $3,000 for a second or subsequent offense, and may be further
punished by imprisonment in the county jail for not more than 1 year.
2. A person who fails to notify the Division of the discovery and
location of an Indian burial site in violation of NRS 383.170 shall be punished by a fine of $500 for the
first offense, or by a fine of not more than $1,500 for a second or
subsequent offense, and may be further punished by imprisonment in the
county jail for not more than 1 year.
3. A person who:
(a) Possesses any artifact or human remains taken from the cairn or
grave of a native Indian on or after October 1, 1989, in a manner other
than that authorized by NRS 383.170 ;
(b) Publicly displays or exhibits any of the human remains of a
native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from the cairn or
grave of a native Indian,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
4. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location other than the
cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a native Indian by
other than human action; or
(b) Action taken by a peace officer in the performance of his
duties.
(Added to NRS by 1989, 574; A 1993, 929; 1995, 1271)
1. In addition to the imposition of any criminal penalty, an
Indian tribe or an enrolled member of an Indian tribe may bring a civil
action to secure an injunction, damages and other appropriate relief
against a person who violates NRS 383.170 or 383.180 .
The action must be brought within 2 years after the discovery of the
action by the plaintiff. The action may 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 the plaintiff.
(b) The court may grant injunctive or such other equitable relief
as is appropriate, including forfeiture of any artifacts or human remains
acquired or equipment used in the violation. The court shall order the
disposition of any forfeited equipment as it sees fit, and order the
reinterment of the artifacts and human remains at the defendant’s expense
under the supervision of the Indian tribe.
(c) The plaintiff may recover actual damages.
3. If the defendant prevails in the action, the court may award
reasonable attorney fees to the defendant.
(Added to NRS by 1989, 575)
PROTECTION OF HISTORIC AND PREHISTORIC SITES
As used in NRS 383.400 to 383.440 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 383.405 to 383.425
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2005, 569 )
“Historic site” has the
meaning ascribed to it in NRS 381.195 .
(Added to NRS by 2005, 569 )
“Political
subdivision” means a county, city, irrigation district or any other local
government as defined in NRS 354.474 .
(Added to NRS by 2005, 569 )
“Prehistoric site” has
the meaning ascribed to it in NRS 381.195 .
(Added to NRS by 2005, 569 )
“State agency” means the
State of Nevada or any board, commission, department, division or other
public agency of this State.
(Added to NRS by 2005, 569 )
“State land” means land that is
owned by or under the control of a state agency or political subdivision.
(Added to NRS by 2005, 569 )
1. Upon request by any state agency or political subdivision, the
Office may enter into an agreement with that state agency or political
subdivision regarding any land which the state agency or political
subdivision intends to acquire from an agency of the Federal Government.
The agency 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 ensure that the land,
when acquired, will receive protection for any historic or prehistoric
site at a level equivalent to the protection provided if the land had
remained under federal ownership;
(b) Require the state agency or political subdivision to submit a
proposal and consult with the Office before changing the use of the land
or initiating a project on any portion of the land; and
(c) Require that any expenses associated with carrying out the
agreement are the responsibility of the state agency or political
subdivision.
3. If a state agency or political subdivision submits a proposal
to change the use of the land or initiate a project on any portion of the
land pursuant to paragraph (b) of subsection 2, the state agency or
political subdivision shall:
(a) Provide to the Office a written statement:
(1) Identifying any Indian tribes that may be concerned with
the religious or cultural importance of the site and other interested
persons for inclusion in the consultation required pursuant to paragraph
(b) of subsection 2;
(2) Identifying any historic or prehistoric sites in
accordance with the requirements of the Office for recording and
reporting for those sites;
(3) Evaluating any historic or prehistoric sites for
inclusion in the State Register of Historic Places, including any text
excavations or other research;
(4) Evaluating the effect of the change in use of the land
or the project on a historic or prehistoric site that is eligible for
inclusion in the State Register of Historic Places; and
(5) Evidencing the preparation and carrying out of treatment
plans that comply with the requirements of the Office for those plans; and
(b) Any other information relating to the proposed change of use
required by the Office.
(Added to NRS by 2005, 569 )
1. Except as otherwise provided in this section, a person who
knowingly and willfully removes, mutilates, defaces, excavates, injures
or destroys a historic or prehistoric site or resource on state land or
who receives, traffics in or sells cultural property appropriated from
state land without a valid permit, unless a greater penalty is provided
by a specific statute:
(a) For a first offense, is guilty of a misdemeanor and shall be
punished by a fine of $500.
(b) For a second or subsequent offense, is guilty of a gross
misdemeanor and shall be punished by imprisonment in the county jail for
not more than 1 year or by a fine of not more than $3,000, or by both
fine and imprisonment.
2. This section does not apply to any action taken:
(a) In accordance with an agreement with the Office entered into
pursuant to NRS 383.430 ; or
(b) In accordance with the provisions of NRS 381.195 to 381.227 ,
inclusive, by the holder of a permit issued pursuant to those sections.
3. In addition to any other penalty, a person who violates a
provision of this section is liable for civil damages to the state agency
or political subdivision which has jurisdiction over the state land in an
amount equal to the cost or, in the discretion of the court, an amount
equal to twice the cost of the restoration, stabilization and
interpretation of the site plus any court costs and fees.
(Added to NRS by 2005, 570 )
The Office may adopt regulations to
carry out the provisions of NRS 383.400
to 383.440 , inclusive.
(Added to NRS by 2005, 570 )
