[Rev. 6/29/2024 3:51:02 PM--2023]
GENERAL PROVISIONS
NRS 381.001 Definitions.
BOARD OF MUSEUMS AND HISTORY
NRS 381.002 Creation; qualifications of members; Chair and Vice Chair; powers and duties; regulations.
NRS 381.003 Establishment of stores for sale of gifts and souvenirs.
NRS 381.0031 Private money; Dedicated Trust Fund.
NRS 381.0033 Budgeting, expenditure and accounting of money in Dedicated Trust Fund.
NRS 381.0035 Private money exempt from statutory requirements governing expenditure of public money; independent contractors.
NRS 381.0036 Legislative appropriations.
NRS 381.0037 Petty cash accounts; change accounts.
DIVISION OF MUSEUMS AND HISTORY
NRS 381.004 Creation; composition; general duties of institutions.
NRS 381.0045 Establishment of categories of and fees for membership in institutions; fees for admission and 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 governing use and safe operation of state-owned trains and fixtures.
NRS 381.0062 Museum directors: Appointment and establishment of powers and duties by Administrator; classification; duty to exercise and carry out assigned powers and duties.
NRS 381.0063 Museum directors: Powers and duties; service as ex officio State Paleontologist.
NRS 381.0066 Museum directors: Notice to and consultation with certain Indian tribes.
NRS 381.0067 Museum directors: Criteria for determining cultural affiliation of Indian tribe with artifact or site.
NRS 381.0068 Exception to requirements to obtain permit and to provide notice to, consult with or return items to Indian tribes.
NRS 381.0069 Museum Director of Nevada State Museum: Adoption of regulations for preservation of prehistoric and historic artifacts and sites.
NRS 381.0075 Acceptance of gifts.
NRS 381.008 Sale of duplicates, surplus and inappropriate items; use of proceeds.
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.
NRS 381.009 Acquisition or repatriation of abandoned property held by institution.
PRESERVATION OF PREHISTORIC AND HISTORIC SITES
General Provisions
NRS 381.195 Definitions.
NRS 381.1955 Museum Director may designate state agency as agent to issue permits; compliance of agent with certain provisions; oversight of agent.
NRS 381.1957 Collection of certain minerals and artifacts and photography not prohibited.
Permit to Excavate Prehistoric Indian Burial Site on Private Lands
NRS 381.196 Requirement; exception; regulations.
Permit to Investigate, Explore or Excavate Historic or Prehistoric Site on Federal or State Lands
NRS 381.197 Requirement; exceptions; applicability of penalties.
NRS 381.199 Applicant required to secure state and federal permits.
NRS 381.203 Qualifications of applicant; contents of application; regulations.
NRS 381.205 Notice to certain officers when granted.
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 discovered prehistoric native Indian human remains and funerary objects upon request.
NRS 381.209 Limitations and conditions.
NRS 381.211 Renewal.
NRS 381.213 Conditions for voiding.
NRS 381.215 Report of holder to Museum Director; duties of Museum Director regarding prehistoric native Indian human remains and funerary objects; exception.
NRS 381.217 Collections of petrified wood authorized; limitations.
Enforcement; Penalties
NRS 381.221 Enforcement by Division of State Parks, sheriffs and other peace officers.
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 Indian human remains and funerary objects upon request.
NRS 381.225 Acts of vandalism unlawful; penalty.
NRS 381.227 Penalty.
PRESERVATION OF NEVADA STATE PRISON
NRS 381.239 Endowment Fund for the Historic Preservation of the Nevada State Prison: Creation; deposits; uses.
NRS 381.241 Permit or agreement to conduct tours; conditions.
NEVADA HISTORICAL SOCIETY
NRS 381.245 Preservation of old and obsolete property and public records from Division of State Library, Archives and Public Records.
NRS 381.255 State publications to be donated for deposit in Society’s collections.
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GENERAL PROVISIONS
NRS 381.001 Definitions. As used in this chapter, unless the context otherwise requires:
1. “Administrator” means the Administrator of the Division.
2. “Board” means the Board of Museums and History.
3. “Cultural affiliation” or “culturally affiliated” means that there is a relationship of shared group identity that may be reasonably traced historically or prehistorically between a present-day Indian tribe and an identifiable earlier group which is associated with a particular artifact or site.
4. “Department” means the Department of Tourism and Cultural Affairs.
5. “Director” means the Director of the Department.
6. “Division” means the Division of Museums and History of the Department.
7. “Funerary object” means an object that, as a part of the death rite or ceremony of an Indian tribe is reasonably believed to have been placed with individual prehistoric native Indian human remains either at the time of death or later.
8. “Historic” has the meaning ascribed to it in NRS 381.195.
9. “Historic structures, buildings and other property of the Nevada State Prison” means the structures, buildings and other property described in paragraph (b) of subsection 1 of NRS 321.004.
10. “Indian tribe” has the meaning ascribed to it in NRS 383.011.
11. “Institution” means an institution of the Division established pursuant to NRS 381.004.
12. “Museum director” means the executive director of an institution of the Division appointed by the Administrator pursuant to NRS 381.0062.
13. “Prehistoric” has the meaning ascribed to it in NRS 381.195.
(Added to NRS by 1979, 975; A 1979, 979; 1985, 137; 1993, 1583; 2001, 929; 2011, 2978; 2015, 870; 2017, 3536)
BOARD OF MUSEUMS AND HISTORY
NRS 381.002 Creation; qualifications of members; Chair and Vice Chair; powers and duties; regulations.
1. The Board of Museums and History, consisting of twelve members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) Five representatives of the general public who are knowledgeable about museums, one of whom must be a person with a disability.
(b) Six members representing the fields of history, prehistoric archeology, historical archeology, architectural history, and architecture with qualifications as defined by the Secretary of Interior’s standards for historic preservation in the following fields:
(1) One member who is qualified in history;
(2) One member who is qualified in prehistoric archeology;
(3) One member who is qualified in historic archeology;
(4) One member who is qualified in architectural history;
(5) One member who is qualified as an architect; and
(6) One additional member who is qualified, as defined by the Secretary of Interior’s standards for historic preservation, in any of the fields of expertise described in subparagraphs (1) to (5), inclusive.
(c) One member, after giving consideration to any recommendation of an enrolled member of a Nevada Indian tribe which is submitted by the Nevada Indian Commission, after consultation with the Inter-Tribal Council of Nevada, Inc., or its successor organization.
3. The Board shall elect a Chair and a Vice Chair from among its members at its first meeting of every even-numbered year. The terms of the Chair and Vice Chair are 2 years or until their successors are elected.
4. With respect to the functions of the Office of Historic Preservation, the Board may develop, review and approve policy for:
(a) Matters relating to the State Historic Preservation Plan;
(b) Nominations to the National Register of Historic Places and make a determination of eligibility for listing on the Register for each property nominated; and
(c) Nominations to the State Register of Historic Places and make determination of eligibility for listing on the Register for each property nominated.
5. With respect to the functions of the Division, the Board shall develop, review and make policy for investments, budgets, expenditures and general control of the Division’s private and endowed dedicated trust funds pursuant to NRS 381.003 to 381.0037, inclusive.
6. In all other matters pertaining to the Office of Historic Preservation and the Division of Museums and History, the Board serves in an advisory capacity.
7. The Board may adopt such regulations as it deems necessary 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; 2011, 2978; 2017, 3537; 2023, 3347)
NRS 381.003 Establishment of stores for sale of gifts and souvenirs. The Board may establish stores for the sale of gifts and souvenirs, such as publications, books, postcards, color slides and such other related material as, in the judgment of the Board, is appropriately connected with the operation of the institutions or the purposes of this chapter.
(Added to NRS by 1985, 134; A 1993, 1584; 2001, 930; 2011, 2979)
NRS 381.0031 Private money; Dedicated Trust Fund.
1. Except as otherwise provided in subsection 5, all money and the proceeds from property received by the Division or any institution of the Division through any grant other than a grant of federal money, bequest or devise, and the proceeds from memberships, sales, interest and dividends from any sources other than appropriation by the Legislature, admission charges and sales of tickets for train rides, are private money and not state money. The Board shall establish a Division of Museums and History Dedicated Trust Fund. All private money must be accounted for in that Fund. No other money may be accounted for in that Fund.
2. Except as otherwise provided in this chapter, all of the money in the Dedicated Trust Fund must be deposited in a financial institution to draw interest or be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the Board. The provisions of subsections 3 and 4 of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.
3. The Board shall account separately for the portions of the private money received by each institution of the Division but may combine all or any portion of the private money for the purposes of investment and reinvestment.
4. The Board shall adopt an investment policy for the private money.
5. The provisions of this section do not apply to any money received for deposit in the Account for Improving Access to State Museums for Persons with Disabilities created by NRS 381.0085.
(Added to NRS by 1989, 1518; A 1993, 1584; 2023, 3348)
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, at the discretion of the Board.
(b) The Board or its designee shall submit a report to the Interim Finance Committee semiannually concerning the investment and expenditure of the private money in such form and detail as the Interim Finance Committee determines is necessary.
(c) A separate statement concerning the anticipated amount and proposed expenditures of the private money must be submitted to the Chief of the Budget Division of the Office of Finance for his or her information at the same time and for the same fiscal years as the proposed budget of the Department submitted pursuant to NRS 353.210. The statement must be attached to the proposed budget of the Department when it is submitted to the Legislature.
2. Any private money which the Board authorizes for use in funding all or part of a classified or unclassified position or an independent contractor must be included in the budget prepared for the Department pursuant to chapter 353 of NRS. The Board shall transfer to the State Treasurer for deposit in the appropriate general fund budget account of the Division any money necessary to pay the payroll costs for the positions that it has agreed to partially or fully fund from private money. The money must be transferred on a regular basis at such times as the State Treasurer determines is necessary.
(Added to NRS by 1989, 1518; A 1993, 1585)
NRS 381.0035 Private money exempt from statutory requirements governing expenditure of public money; independent contractors.
1. The statutory requirements on the expenditure of public money in chapters 333, 338 and 341 of NRS do not apply to the expenditure of private money.
2. The Board may authorize independent contractors which may be funded in whole or in part from private money.
(Added to NRS by 1989, 1519; A 2005, 1091)
NRS 381.0036 Legislative appropriations. In addition to private money, the funding to carry out the provisions of this chapter must be provided by legislative appropriation from the State General Fund and must be paid out on claims as other claims against the State are paid.
(Added to NRS by 2001, 929)
NRS 381.0037 Petty cash accounts; change accounts. The Board may establish:
1. A petty cash account for the Division and each institution in an amount not to exceed $500 for each account. Reimbursement of the account must be made from appropriated money paid out on claims as other claims against the State are paid.
2. A change account for each institution for which a store 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; 2011, 2979)
DIVISION OF MUSEUMS AND HISTORY
NRS 381.004 Creation; composition; general duties of institutions.
1. The Division of Museums and History is hereby created in the Department.
2. The Division consists of the Office of the Administrator and a state system of museums consisting of the following museums and historical societies, which are hereby established as institutions of the Division:
(a) The Nevada State Museum;
(b) The Lost City Museum;
(c) The Nevada State Museum Las Vegas;
(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 the duties assigned to it by the Administrator, collect, preserve and interpret the history, prehistory and natural history of this State.
(Added to NRS by 1979, 976; A 1985, 138; 1987, 1401; 1993, 1585; 2001, 930; 2007, 2907)
NRS 381.0045 Establishment of categories of and fees for membership in institutions; fees for admission and train rides; policies and charges for use of property. The Board shall establish:
1. Categories of memberships in the institutions and the fees to be charged for the memberships.
2. Fees for admission to the institutions. Children under 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, rental and lease of the buildings, equipment, fixtures and other property of the Division 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. The Director shall consult with the Board before making the appointment.
2. To be qualified for appointment, the Administrator must have a degree in history or science and experience in public administration.
3. Except as otherwise provided pursuant to subsection 3 of NRS 231.8133, the Administrator is in the unclassified service of the State.
4. The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his or her duties.
(Added to NRS by 1979, 976; A 1985, 138, 417, 450; 1993, 1586; 2011, 2979)
NRS 381.006 Administrator: Powers and duties.
1. For the property and facilities of the Division, the Administrator:
(a) Is responsible to the Director for the general administration of the Division and its institutions and for the submission of its budgets, which must include the combined budgets of its institutions.
(b) Shall supervise the museum directors of its institutions in matters pertaining to the general administration of the institutions.
(c) Shall coordinate the submission of requests by its institutions for assistance from governmental sources.
(d) Shall oversee the public relations of its institutions.
(e) Shall superintend the planning and development of any new facilities for the Division or its institutions.
(f) Shall assist the efforts of its institutions in improving their services to the rural counties.
(g) Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.
(h) Shall trade, exchange and transfer exhibits and equipment when the Administrator considers it proper and the transactions are not sales.
(i) May contract with any person to provide concessions on the grounds of the property and facilities of the Division, provided that any contract permitting control of real property of the Division by a nongovernmental entity must be executed as a lease pursuant to NRS 321.003, 321.335, 322.050, 322.060 and 322.070.
(j) Shall oversee the supervision, control, management and operation of any buildings or properties in this State that are under the control of the Division.
(k) Shall supervise the furnishing, remodeling, repairing, alteration and erection of premises and buildings of the Division or premises and buildings that may be conveyed or made available to the Division.
2. In addition to the duties set forth in subsection 1, the Administrator shall:
(a) Develop and maintain an Internet website related to the museums and historical societies established as institutions of the Division pursuant to NRS 381.004 and ensure that the Internet website is accessible to persons with disabilities, including, without limitation, persons who are blind or visually impaired.
(b) Consult with organizations that are dedicated to the welfare of persons with disabilities, including, without limitation, persons who are blind or visually impaired. Such organizations may include, without limitation, the American Council of the Blind and the National Federation of the Blind, regarding the accessibility of institutions of the Division that are established pursuant to NRS 381.004 to persons who are blind or visually impaired.
(Added to NRS by 1979, 976; A 1985, 138; 1987, 1401; 1993, 1586; 2001, 930; 2005, 1468, 2680; 2023, 3349)
NRS 381.0061 Administrator: Adoption of regulations governing use and safe operation of state-owned trains and fixtures. The Administrator shall adopt regulations governing the use and safe operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the State of Nevada.
(Added to NRS by 2001, 929)
NRS 381.0062 Museum directors: 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 museum director as necessary for the efficient operation of the Division of Museums and History pursuant to the provisions of NRS 381.0063.
2. Each museum director is in the classified service of the State. The Division of Human Resource Management of the Department of Administration, in cooperation with the Administrator, shall classify the position of each museum director based on the powers and duties the museum director is required to carry out, the size and complexity of the programs the museum director is required to administer and such other considerations as are deemed relevant by the Division of Human Resource Management of the Department of Administration.
3. Each museum director shall exercise such powers and carry out such duties as are assigned to the museum director by the Administrator pursuant to NRS 381.0063.
(Added to NRS by 2001, 927)
NRS 381.0063 Museum directors: Powers and duties; service as ex officio State Paleontologist.
1. The Administrator shall, in accordance with any directive received from the Director pursuant to NRS 232.005, authorize or require each museum director to perform such duties set forth in subsections 2 and 3 as are necessary for the operation of the institution administered by the museum director, after giving consideration to:
(a) The size and complexity of the programs the museum director is required to administer;
(b) The number of personnel needed to carry out those programs;
(c) Requirements for accreditation; and
(d) Such other factors as are relevant to the needs of the institution and the Division.
2. The Administrator may authorize or require a museum director to:
(a) Oversee duties related to the auditing and approval of all bills, claims and accounts of the institution administered by the museum director.
(b) Receive, collect, exchange, preserve, house, care for, document, interpret, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:
(1) Samples of the useful and fine arts, sciences and industries, relics, memorabilia, products, works, records, rare and 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 of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
(c) Collect, gather and prepare the natural history of Nevada and the Great Basin.
(d) Establish such programs in history, archeology, anthropology, paleontology, mineralogy, ethnology, ornithology and such other programs as in the judgment of the Board and Administrator may be proper and necessary to carry out the objects and purposes appropriate to the institution administered by the museum director.
(e) Receive and collect property from any appropriate agency of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
(f) House and preserve, care for and display or exhibit property received by an institution. This paragraph does not prevent the permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations in or outside of the State at the sole discretion of the Board.
(g) Make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.
(h) Receive, accept and obtain by exchange in the name of the State of Nevada all property loaned to the institution administered by the museum director for preservation, care, display or exhibit, or decline and reject the property in his or her discretion, and undertake to be responsible for all property loaned to the institution or make just payment of any reasonable costs or rentals therefor.
(i) Apply for and expend all gifts and grants that the institution administered by the museum director is authorized to accept in accordance with the terms and conditions of the gift or grant.
(j) Govern, manage and control the exhibit and display of all property and things of the institution administered by the museum director at other exhibits, expositions, world’s fairs and places of public or private exhibition. Any property of the State of Nevada that may be placed on display or on exhibition at any world’s fair or exposition must be taken into custody by the Administrator at the conclusion of the world’s fair or exposition and placed and kept in the institution, subject to being removed and again exhibited at the discretion of the Administrator or a person designated by the Administrator.
(k) Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, documentation, interpretation, display and exhibit of articles and things controlled by the institutions and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
(l) Trade, exchange and transfer exhibits and duplicates when the Administrator deems it proper. Such transactions shall not be deemed sales.
(m) Establish the qualifications for life, honorary, annual, sustaining and such other memberships as are established by the Board pursuant to NRS 381.0045.
(n) Adopt rules for the internal operations of the institution administered by the museum director, including, without limitation, the operation of equipment of the institution.
(o) Establish procedures that enable the accessibility of the exhibits in an institution administered by the museum director for persons who are blind or visually impaired, including, without limitation, by providing audio guides, audio descriptive displays, tactile displays and experiences, dedicated tours for persons who are blind or visually impaired, Braille signage and descriptions, temporary lighting and adapted educational classes.
3. The Administrator shall require a museum director to serve as, or to designate an employee to serve as, ex officio State Paleontologist. The State Paleontologist shall, within the limits of available time, money and staff:
(a) Systematically inventory the paleontological resources within the State of Nevada;
(b) Compile a database of fossil resources within this State;
(c) Coordinate and promote paleontological research activities within this State, including, without limitation, regulating and issuing permits to engage in such activities;
(d) Disseminate and assist other persons in disseminating information gained from research conducted by the State Paleontologist; and
(e) Display and promote, and assist other persons in displaying and promoting, the paleontological resources of this State to enhance education, culture and tourism within this State.
4. The enumeration of the powers and duties that may be assigned to a museum director pursuant to this section is not exclusive of other general objects and purposes appropriate to a public museum.
5. The provisions of this section do not prohibit the Administrator from making such administrative and organizational changes as are necessary for the efficient operation of the Division and its institutions and to ensure that an institution properly carries out the duties and responsibilities assigned to that institution.
(Added to NRS by 2001, 927; A 2009, 382; 2011, 2979; 2023, 3349)
NRS 381.0066 Museum directors: Notice to and consultation with certain Indian tribes.
1. In providing notice and consultation with Indian tribes as required by this chapter, the museum director of an institution shall immediately notify, in writing, and initiate consultation with any Indian tribe:
(a) Who is or is likely to be culturally affiliated with the applicable artifact or site;
(b) On whose aboriginal lands the applicable artifact was discovered or the site was located; or
(c) Who is reasonably known to have a direct cultural relationship to the applicable artifact or site.
2. The written notice must include a proposed time and place for the consultation with the museum director.
(Added to NRS by 2017, 3535)
NRS 381.0067 Museum directors: Criteria for determining cultural affiliation of Indian tribe with artifact or site. The museum director of an institution shall use the criteria for determining cultural affiliation set forth in 43 C.F.R. § 10.14 to determine which Indian tribe has the closest cultural affiliation, if any, with regard to a particular artifact or site.
(Added to NRS by 2017, 3535)
NRS 381.0068 Exception to requirements to obtain permit and to provide notice to, consult with or return items to Indian tribes. Notwithstanding any provision of this chapter to the contrary:
1. A person is not required to obtain a permit pursuant to NRS 381.196 if the person has obtained a permit pursuant to federal law for the same purpose; and
2. The Administrator, Museum Director of the Nevada State Museum or the museum director of an institution are not required to provide notice to, consult with or return items to an Indian tribe as required pursuant to this chapter if the Administrator, Museum Director of the Nevada State Museum or the museum director, of the institution, as applicable, provides such notice to, consults with or returns items to the Indian tribe in accordance with the repatriation process required pursuant to federal law.
(Added to NRS by 2017, 3535)
NRS 381.0069 Museum Director of Nevada State Museum: Adoption of regulations for preservation of prehistoric and historic artifacts and sites.
1. The Museum Director of the Nevada State Museum shall adopt regulations as necessary to carry out the provisions of NRS 381.0066 to 381.0069, inclusive, and 381.195 to 381.227, inclusive, including, without limitation, regulations which set forth the process for repatriation of prehistoric native Indian human remains and funerary objects.
2. Any regulations adopted pursuant to this section must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Museum Director.
(Added to NRS by 2017, 3535)
NRS 381.0075 Acceptance of gifts. Any condition or restraint placed on any bequest, devise, endowment, trust allotment or other gift made to the Division must be in writing. The Administrator and the Board must accept, in writing, such a bequest, devise, endowment, trust allotment or gift before it becomes the property of the State of Nevada.
(Added to NRS by 2001, 929)
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 to the collection of the institution. The proceeds of the sale must be held in trust and may be expended only as approved by the Board for the purchase of photographs, memorabilia and other historical articles, and collections related to history, prehistory or natural history to enrich the collections of the Division.
(Added to NRS by 1985, 134; A 1993, 1587; 2001, 931)
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 Museums for Persons with Disabilities in the State General Fund. The Account shall be administered by the Administrator.
2. The money in the Account must be expended only to improve access at institutions of the Division that are established pursuant to NRS 381.004 for persons with disabilities, including, without limitation, persons who are blind or visually impaired.
3. The Administrator may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account.
4. The interest and income earned on money in the Account from any gift, donation, bequest or appropriation, after deducting any applicable charges, must be credited to the Account.
5. Money from any gift, donation, bequest or appropriation that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2023, 3347)
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 property of the Division if the Administrator complies with the provisions of subsection 2.
2. The Administrator shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:
(a) The name and last known address, if any, of the last known owner of the property;
(b) A description of the property; and
(c) A statement that if proof of a claim is not presented by the owner to the institution and if the owner’s right to receive the property is not established to the Administrator’s satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the Division.
3. If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the Division, free from all claims of the owner and of all persons claiming through or under the owner.
4. If property deemed to be abandoned pursuant to subsection 1 is native Indian human remains or another cultural item of an Indian tribe, the Administrator shall:
(a) Provide notice to and consult with each applicable Indian tribe in the manner provided by NRS 381.0066;
(b) Determine which Indian tribe has the closest cultural affiliation to the human remains or other cultural item, in the manner provided by NRS 381.0067; and
(c) Return the human remains or other cultural item to the closest culturally affiliated Indian tribe in the manner provided by the repatriation process adopted pursuant to NRS 381.0069, if a request for repatriation is made.
5. To be deemed an object of cultural significance, an object must have ongoing historical, traditional or cultural importance central to an Indian tribe or culture itself, rather than property owned by a member of an Indian tribe, and which, therefore, cannot be alienated, appropriated or conveyed by any person, regardless of whether the person is a member of the Indian tribe. The object must have been considered inalienable by the Indian tribe at the time the object was separated from such group.
6. As used in this section:
(a) “Cultural item” means human remains, a funerary object, a sacred object or an object of cultural significance.
(b) “Object of cultural significance” means an object which meets the qualifications of subsection 5.
(c) “Sacred object” means a historic or prehistoric object that was or is needed by traditional religious leaders of an Indian tribe for the practice of the traditional religion of an Indian tribe.
(Added to NRS by 1985, 134; A 1993, 1587; 2001, 932, 1648; 2017, 3538)
PRESERVATION OF PREHISTORIC AND HISTORIC SITES
General Provisions
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 settlement of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.
3. “Museum Director” means the Museum Director of the Nevada State Museum.
4. “Prehistoric” means before the middle of the 18th century.
5. “Prehistoric site” means any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.
(Added to NRS by 1959, 290; A 1960, 98; 1977, 1207; 1979, 977; 1985, 516; 2001, 932; 2005, 568; 2015, 300; 2017, 3538)
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 agent for the purpose of issuing permits pursuant to NRS 381.195 to 381.227, inclusive.
2. If the Museum Director designates an agent pursuant to subsection 1:
(a) The agent must act in the manner in which the Museum Director is required to act pursuant to provisions of NRS 381.195 to 381.227, inclusive, and any regulations adopted pursuant thereto; and
(b) The Museum Director must ensure that the agent acts in the manner in which the Museum Director is required to act pursuant to provisions of NRS 381.195 to 381.227, inclusive, and any regulations adopted pursuant thereto.
(Added to NRS by 1959, 290; A 1977, 1207; 1989, 2000; 2001, 932; 2017, 3539)
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 they are not part of a prehistoric site, nor prevent the photographing of objects of interest.
(Added to NRS by 1959, 292)—(Substituted in revision for NRS 381.219)
Permit to Excavate Prehistoric Indian Burial Site on Private Lands
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 required to obtain a permit pursuant to subsection 1 to engage in a lawful activity on private lands, including, without limitation, construction, mining, mineral exploration, logging, farming, ranching or a federally authorized activity conducted in compliance with the National Historic Preservation Act, 54 U.S.C. §§ 300101 et seq., if that activity is engaged in exclusively for purposes other than the excavation of a prehistoric Indian burial site and the activity occurs only on a portion of the private lands that does not contain the known prehistoric Indian burial site.
3. The Museum Director shall adopt regulations governing a permit issued pursuant to subsection 1. The regulations must, without limitation:
(a) Set forth the process for obtaining and renewing a permit required pursuant to subsection 1;
(b) Set forth the qualifications of an applicant for such a permit;
(c) Require notice to and consultation with the applicable Indian tribes throughout the permitting process in the manner provided by NRS 381.0066;
(d) Provide for the enforcement of the provisions of this section, including, without limitation, the examination of the permit of a person claiming privileges pursuant to this section; and
(e) Fully protect the constitutional rights of property owners.
4. Any regulations adopted pursuant to this section must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Museum Director.
5. As used in this section, “Indian burial site” has the meaning ascribed to it in NRS 383.150.
(Added to NRS by 2017, 3536; A 2021, 1087)
Permit to Investigate, Explore or Excavate Historic or Prehistoric Site on Federal or State Lands
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 section, a person shall not investigate, explore or excavate an historic or prehistoric site on federal or state lands or remove any object therefrom unless the person is the holder of a valid and current permit issued pursuant to the provisions of NRS 381.195 to 381.227, inclusive. Conduct that would otherwise constitute a violation of this section is not a violation of this section if it is also a violation of NRS 383.435.
(Added to NRS by 1959, 290; A 2005, 569; 2011, 2981)
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 federal lands within the boundaries of the State of Nevada.
2. If the land to be investigated, explored or excavated is owned or held by the United States, the applicant is also required to secure a permit from the proper authorities in accordance with the provisions of 16 U.S.C. §§ 431 to 433, inclusive.
(Added to NRS by 1959, 290; A 1977, 1207; 2001, 932; 2017, 3539)
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 museum, university, college or other recognized scientific or educational institution, with a view of increasing knowledge.
(b) That the gathering is made for permanent preservation in public museums or other recognized educational or scientific institutions.
(c) That the applicant possesses sufficient knowledge and scientific training to make such an investigation, exploration or excavation.
(d) The location of the site where the applicant proposes to investigate, explore or excavate.
2. The Museum Director may prescribe reasonable regulations for carrying out such investigations, explorations or excavations.
(Added to NRS by 1959, 290; A 1977, 1207; 2001, 933; 2017, 3539)
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 Highway Patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.
(Added to NRS by 1959, 291; A 1963, 828; 1977, 1208, 1360; 1993, 1588; 2001, 933; 2017, 3540)
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 discovered prehistoric native Indian human remains and funerary objects upon request.
1. The holder of a permit described in NRS 381.197, except as otherwise provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, deposits of fossil bones or other archeological and vertebrate paleontological features within the State shall give to the State 50 percent of all articles, implements and materials found or discovered of which the holder retained possession after completion of the process set forth in subsection 4, to be deposited with the Nevada State Museum, for exhibition 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 receipt of items pursuant to this subsection, the Museum Director shall notify the Office of Historic Preservation.
2. The holder of a permit described in NRS 381.197 who does any such work within the State under the authority and direction of the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or political subdivision of the State shall give 50 percent of all articles, implements and materials found or discovered of which the holder retained possession after completion of the process set forth in subsection 4, to the Society, institution or political subdivision. The holder of the permit may retain the other 50 percent.
3. If the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or political subdivision of the State is the holder of the permit, it may retain all articles, implements and materials found or discovered of which it retained possession after completion of the process set forth in subsection 4.
4. If any of the articles, implements or materials found or discovered are prehistoric native Indian human remains or funerary objects, the Museum Director shall:
(a) Provide notice to and consult with each applicable Indian tribe in accordance with NRS 381.0066;
(b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects in accordance with NRS 381.0067; and
(c) Return any prehistoric native Indian human remains or funerary objects discovered to the closest culturally affiliated Indian tribe in accordance with the repatriation process adopted pursuant to NRS 381.0069, if a request for repatriation is made.
5. Whenever the Office of Historic Preservation acquires articles, implements and materials under the provisions of this section, they must be transferred to the Museum Director for exhibition or other 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; 2007, 2908; 2017, 3540)
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 applicant can reasonably be expected to explore fully and systematically within the time limit set in the permit.
3. For the removal of any ancient monument, structure or site which can be permanently preserved under the control of the State of Nevada in situ, and remain an object of interest, if desired by the State, for a park, landmark or monument for the benefit of the public.
(Added to NRS by 1959, 292; A 1977, 1208; 2001, 933; 2017, 3541)
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.
(Added to NRS by 1959, 292; A 2017, 3541)
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 permit holder shall furnish to the Museum Director a report containing a detailed account of the work done, material collected and other pertinent data.
2. Except as otherwise provided in subsection 3, if any of the work done, material collected or other pertinent data pertains to prehistoric native Indian human remains or a funerary object, the Museum Director shall:
(a) Provide notice to and consult with each applicable Indian tribe in accordance with NRS 381.0066;
(b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object in accordance with NRS 381.0067; and
(c) Furnish the report described in subsection 1 to the closest culturally affiliated Indian tribe, if any.
3. The Museum Director is not required to comply with the provisions of paragraph (a) of subsection 2 if the Museum Director has already obtained the information necessary to make the determination required pursuant to paragraph (b) of subsection 2 through the process set forth in NRS 381.195 to 381.227, inclusive.
(Added to NRS by 1959, 291; A 1977, 1208; 2001, 934; 2017, 3541)
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 other peace officers shall be charged with the enforcement of NRS 381.195 to 381.227, inclusive. Those persons charged with the enforcement of NRS 381.195 to 381.227, inclusive, may, within their established jurisdiction:
1. At any time, examine the permit of any person claiming privileges granted under NRS 381.197 and may fully examine all work done under the permit; and
2. Examine the permit of a person claiming privileges under a permit issued pursuant to NRS 381.196 in the manner set forth in the regulations adopted pursuant to that section.
(Added to NRS by 1959, 291; A 1963, 828; 2017, 3541)
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 Indian human remains and funerary objects upon request.
1. Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by NRS 381.197 without a permit must be seized by the proper law enforcement officers, who shall notify the Museum Director of the action and deposit the object or collection with the Museum Director for safekeeping. Upon receipt of any item seized pursuant to this section the Museum Director shall notify the Office of Historic Preservation. Except as otherwise provided in subsection 2, any object or collection so taken must be forfeited to the State for exhibition or other use within the State as determined by the Museum Director.
2. If an object of antiquity or collection seized pursuant to subsection 1 is prehistoric native Indian human remains or a funerary object, the Museum Director shall:
(a) Provide notice to and consult with each applicable Indian tribe in accordance with NRS 381.0066;
(b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object in accordance with NRS 381.0067; and
(c) Return the prehistoric native Indian human remains or funerary object to the closest culturally affiliated Indian tribe in accordance with the repatriation process adopted pursuant to NRS 381.0069, if a request for repatriation is made.
(Added to NRS by 1959, 292; A 1977, 1209, 1360; 1993, 1588; 2001, 934; 2017, 3542)
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 deface, any of those objects, Indian paintings or historic buildings.
2. Unless a greater penalty is provided in NRS 206.125 or 206.330, a person violating the provisions of subsection 1 is guilty of a public offense proportionate to the value of the property damaged or destroyed as set forth in NRS 193.155.
(Added to NRS by 1959, 291; A 1989, 899, 2000; 2011, 1600)
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; 1989, 2001; 2005, 569; 2017, 3542)
PRESERVATION OF NEVADA STATE PRISON
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 deposit in the Fund:
(a) Any money received from any commercial or tourist enterprises relating to the use of the historic structures, buildings and other property of the Nevada State Prison as a historical, cultural, educational and scientific resource, except for any administrative expenses of a nonprofit corporation retained by the corporation pursuant to NRS 381.241.
(b) At the end of each fiscal year, the money required by subsection 6 of NRS 209.194 to be transferred from the Silver State Industries Endowment Fund created by that section.
(c) Any other gifts, grants or donations of money the State Treasurer receives from any person who wishes to contribute to the Fund.
3. The interest and income earned on the money in the Fund must be credited to the Fund.
4. The Fund must be administered by the agency to which the historic structures, buildings and other property of the Nevada State Prison are assigned for administration pursuant to NRS 321.004, in consultation with the Board and the Nevada State Prison Preservation Society or its successor.
5. The money in the Fund must only be used for the purposes of the operation, maintenance and preservation of the historic structures, buildings and other property of the Nevada State Prison as a historical, cultural, educational and scientific resource. The agency that administers the Fund may use not more than 10 percent of the interest earned on the principal of the Fund to pay administrative costs.
(Added to NRS by 2015, 869; A 2021, 2081)
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 other property of the Nevada State Prison pursuant to NRS 321.004 may grant a special use permit to or enter into an agreement with the Nevada State Prison Preservation Society, or any successor or similar nonprofit corporation, authorizing the corporation to conduct tours and engage in other commercial and tourist activities relating to the historic structures, buildings and other property of the Nevada State Prison.
2. Any permit or agreement granted or entered into pursuant to this section must:
(a) Be for a term of 2 years;
(b) Be renewable as provided in the permit or agreement;
(c) Authorize the corporation to charge and collect reasonable fees or solicit and collect donations for its activities;
(d) Require the corporation to pay the income from such fees, less the reasonable administrative expenses incurred by the corporation, to the State Treasurer for deposit in the Endowment Fund for the Historic Preservation of the Nevada State Prison created by NRS 381.239; and
(e) Provide that any income received by the corporation from membership fees, the sale of merchandise of the corporation, grants or donations made to the corporation for purposes other than entry into or tours of the historic structures, buildings and other property at the Nevada State Prison belong solely to the corporation.
(Added to NRS by 2015, 869; A 2021, 2082)
NEVADA HISTORICAL SOCIETY
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 presented to it by the State Library, Archives and Public Records Administrator from the archives and records of the Division of State Library, Archives and Public Records of the Department of Administration.
(Added to NRS by 2001, 929; A 2011, 2981)
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 of its societies and institutions, except the Nevada Reports and Statutes of Nevada, must be donated to the Nevada Historical Society as they are issued. The publications must be delivered to the Society by the Secretary of State or another elected officer who has custody of the publications.
2. One set of the Nevada Reports and one set of Statutes of Nevada must be donated to the Society, which, together with one set of all the publications donated in compliance with the provisions of subsection 1, must be deposited in the collections of the Society.
(Added to NRS by 2001, 929)