Title 33

NRS 381.008 Sale of duplicates, surplus and inappropriate items; use of proceeds. When not in conflict with any condition or restraint placed on a gift and with the approval of the Board, the museum director of each institution may sell duplicates, surplus and items inappropriate…

NRS 381.0085 Account for Improving Access to State Museums for Persons with Disabilities: Creation; administration; use; deposit of gifts, donations, bequests and grants; interest and income; nonreversion. 1. There is hereby created the Account for Improving Access to State Museu…

NRS 381.009 Acquisition or repatriation of abandoned property held by institution. 1. Any property held by an institution for 3 years or more, to which no person has made claim, shall be deemed to be abandoned and, except as otherwise provided in subsection 4, becomes the propert…

NRS 381.195 Definitions. As used in NRS 381.195 to 381.227, inclusive: 1. “Historic” means from the middle of the 18th century until 50 years before the current year. 2. “Historic site” means a site, landmark or monument of historical significance pertaining to the history of the…

NRS 381.1955 Museum Director may designate state agency as agent to issue permits; compliance of agent with certain provisions; oversight of agent. 1. The Museum Director may designate any state board, state department, division of a state department or state institution as an ag…

NRS 381.1957 Collection of certain minerals and artifacts and photography not prohibited. Nothing contained in NRS 381.195 to 381.227, inclusive, shall interfere with or prevent any person from collecting minerals, rocks or gems, arrowheads or other Indian artifacts so long as th…

NRS 381.196 Requirement; exception; regulations. 1. A person shall not excavate a site on private lands located within this State that the person knows is a prehistoric Indian burial site unless the person first obtains a permit issued by the Museum Director. 2. A person is not r…

NRS 381.197 Requirement; exceptions; applicability of penalties. Except for action taken under an agreement with the Office of Historic Preservation of the State Department of Conservation and Natural Resources pursuant to NRS 383.430, and except as otherwise provided in this sec…

NRS 381.199 Applicant required to secure state and federal permits. 1. An applicant is required to secure, from the Museum Director, or an agent designated by the Museum Director, a permit described in NRS 381.197 for the investigation, exploration or excavation of any state or f…

NRS 381.203 Qualifications of applicant; contents of application; regulations. 1. In order to qualify as the recipient of a permit described in NRS 381.197, the applicant must show: (a) That the investigation, exploration or excavation is undertaken for the benefit of a reputable…

NRS 381.205 Notice to certain officers when granted. Upon granting a permit described in NRS 381.197, the Museum Director shall immediately notify the Office of Historic Preservation, the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada Hi…

NRS 381.207 Percentage of articles, implements and materials found or discovered and retained in possession by certain holders to be given to state institutions and political subdivisions; procedure for notice to and consultation with Indian tribes and repatriation of found or di…

NRS 381.209 Limitations and conditions. The Museum Director may limit a permit described in NRS 381.197 as to time and location. Such a permit may not be granted: 1. For a period of more than 1 year. 2. For investigation, exploration or excavation in a larger area than the applic…

NRS 381.211 Renewal. A permit described in NRS 381.197 may be renewed for an additional period of time upon application by the permit holder, if the work contemplated by the permit has been diligently prosecuted. (Added to NRS by 1959, 292; A 2017, 3541)

NRS 381.213 Conditions for voiding. Failure to begin work under the permit within 6 months after the effective date of a permit described in NRS 381.197, or failure to prosecute diligently such work after it is begun, shall render the permit void without any order from the Board.…

NRS 381.215 Report of holder to Museum Director; duties of Museum Director regarding prehistoric native Indian human remains and funerary objects; exception. 1. After the close of each season’s work, within a reasonable time designated in a permit described in NRS 381.197, every …

NRS 381.217 Collections of petrified wood authorized; limitations. A holder of a permit described in NRS 381.197 may collect specimens of petrified wood, subject to the limitations of NRS 206.320. (Added to NRS by 1959, 291; A 2017, 3541) ENFORCEMENT; PENALTIES

NRS 381.221 Enforcement by Division of State Parks, sheriffs and other peace officers. The Division of State Parks of the State Department of Conservation and Natural Resources, and personnel thereof, the sheriffs in their respective counties, the Nevada Highway Patrol, and all o…

NRS 381.223 Seizure and forfeiture of object of antiquity taken without permit to investigate, explore or excavate historic or prehistoric site on federal or state lands; procedure for notice to and consultation with Indian tribes and repatriation of seized prehistoric native Ind…

NRS 381.225 Acts of vandalism unlawful; penalty. 1. It is unlawful for any person to commit vandalism upon any historic or prehistoric sites, natural monuments, speleological sites and objects of antiquity, or to write or paint or carve initials or words, or in any other way defa…

NRS 381.227 Penalty. Unless a greater penalty is provided by a specific statute and except as otherwise provided in NRS 381.225, any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, is guilty of a misdemeanor. (Added to NRS by 1959, 292; A 1967, 563; 1…

NRS 381.239 Endowment Fund for the Historic Preservation of the Nevada State Prison: Creation; deposits; uses. 1. The Endowment Fund for the Historic Preservation of the Nevada State Prison is hereby created as a trust fund in the State Treasury. 2. The State Treasurer shall depo…

NRS 381.241 Permit or agreement to conduct tours; conditions. 1. The Department of Corrections and, as soon as practicable after the date of the assignment, any other state agency that receives an assignment from the State Land Registrar of the historic structures, buildings and …

NRS 381.245 Preservation of old and obsolete property and public records from Division of State Library, Archives and Public Records. The Nevada Historical Society shall preserve as is deemed appropriate all old and obsolete property and obsolete and noncurrent public records pre…

NRS 381.255 State publications to be donated for deposit in Society’s collections. 1. To enable the Nevada Historical Society to augment its collection by effecting exchanges with other societies and institutions, one bound copy each of the several publications of the State and o…

NRS 383.011 Definitions. 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. “Commission” means the Commission for Cultural Centers and Historic Pr…

NRS 383.021 Office of Historic Preservation: Creation; duties; inclusion of Comstock Historic District Commission. 1. The Office of Historic Preservation is hereby created. 2. The Office shall: (a) Encourage, plan and coordinate historic preservation and archeological activities …

NRS 383.031 Administrator: Qualifications. The Administrator of the Office: 1. Must be selected by the Director with special reference to his or her training, experience, capacity and interest in historic preservation or archeology, or both. 2. Must have an advanced degree in his…

NRS 383.041 Administrator: Duties; employment of personnel. 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. The Administrator may employ, within the limits of …

NRS 383.075 Stewardship program: Establishment; selection, training and certification of volunteers; powers of program; coordination of activities with other entities; administrative services; acceptance of gifts and grants. 1. The Administrator shall, by regulation, establish a …

NRS 383.077 Technical advisory program: Establishment; qualification of technical advisers; compiling, maintaining and publishing list of qualified technical advisers; provision of grants of money; administrative services; acceptance of gifts and grants; regulations. 1. The Admin…

NRS 383.081 Preparation and contents of plan for statewide historic preservation; federal financial assistance. 1. The Administrator shall prepare and maintain a comprehensive statewide historic preservation plan. The plan must contain: (a) An evaluation of the needs for preserva…

NRS 383.085 State Register of Historic Places. 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 l…

NRS 383.091 Program for historical markers. 1. The Administrator shall: (a) Establish the qualifications and standards for a historical markers program, designate a qualified site when the owner consents and make an inventory of qualified sites on both public and privately owned …

NRS 383.101 Grants, gifts and donations; payment for services rendered. 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 pr…

NRS 383.111 Contracts: Historic preservation and archeological activities; expenses for overhead. 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 se…

NRS 383.121 Intergovernmental cooperation required; notice to Office; procedure for notice to and consultation with Indian tribes and development of resolution relating to prehistoric native Indian human remains and funerary objects on property; notice of requirements to private …

NRS 383.123 Exception to requirements for notice to and consultation with Indian tribes. Notwithstanding any provision of this chapter to the contrary, the Office is not required to provide notice to or consult with an Indian tribe as required pursuant to this chapter if the Offi…

NRS 383.125 Programs by certain nonprofit organizations to raise money to benefit historic places; prohibitions; regulations. 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 Reg…

NRS 383.150 Definitions. 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. “Funerary object” has the meaning ascribed to it in NRS 381.001. 3. “…

NRS 383.160 Duties of Office of Historic Preservation. The Office shall: 1. Upon application by: (a) An interested landowner, assist the landowner in contacting the Indian tribe which has the closest cultural affiliation to an Indian burial site and any artifacts and human remain…

NRS 383.170 Procedure upon discovery of Indian burial site; permissible excavation; treatment of prehistoric native Indian human remains and funerary objects; exceptions. 1. Except as otherwise provided in subsections 2 and 3: (a) A person who disturbs the cairn or grave of a nat…

NRS 383.175 Duties of law enforcement agency. 1. If a law enforcement agency goes to a location where human remains are found that are reasonably believed to be native Indian, the law enforcement agency must, as part of an investigation: (a) Consult with a representative of an In…

NRS 383.180 Prohibited acts; penalties; exceptions. 1. Except as otherwise provided in NRS 383.170, a person who willfully removes without obtaining any required permit, mutilates, defaces, injures or destroys the cairn or grave of a native Indian: (a) For a first offense, is gui…

NRS 383.190 Civil remedy. 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…

NRS 383.400 Definitions. 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)