NRS: CHAPTER 383 - HISTORIC PRESERVATION AND ARCHEOLOGY

[Rev. 6/29/2024 3:51:11 PM--2023]

CHAPTER 383 - HISTORIC PRESERVATION AND ARCHEOLOGY

GENERAL PROVISIONS

NRS 383.021 Office of Historic Preservation: Creation; duties; inclusion of Comstock Historic District Commission.

NRS 383.031 Administrator: Qualifications.

NRS 383.041 Administrator: Duties; employment of personnel.

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.

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.

NRS 383.081 Preparation and contents of plan for statewide historic preservation; federal financial assistance.

NRS 383.085 State Register of Historic Places.

NRS 383.091 Program for historical markers.

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

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

NRS 383.121 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 contractors.

NRS 383.123 Exception to requirements for notice to and consultation with Indian tribes.

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

PROTECTION OF INDIAN BURIAL SITES AND HISTORIC AND PREHISTORIC SITES

Protection of Indian Burial Sites

NRS 383.150 Definitions.

NRS 383.160 Duties of Office of Historic Preservation.

NRS 383.170 Procedure upon discovery of Indian burial site; permissible excavation; treatment of prehistoric native Indian human remains and funerary objects; exceptions.

NRS 383.175 Duties of law enforcement agency.

NRS 383.180 Prohibited acts; penalties; exceptions.

NRS 383.190 Civil remedy.

Protection of Historic and Prehistoric Sites

NRS 383.400 Definitions.

NRS 383.405 “Historic site” defined.

NRS 383.410 “Political subdivision” defined.

NRS 383.415 “Prehistoric site” defined.

NRS 383.420 “State agency” defined.

NRS 383.425 “State land” defined.

NRS 383.430 Office of Historic Preservation authorized to enter into agreement with state agency, political subdivision or Indian tribe regarding acquisition of land from Federal Government; requirements of agreement; submission of information to Office required for changes to use of land or new project on land.

NRS 383.435 Prohibited acts; penalties; exceptions; civil remedy.

Miscellaneous Provisions

NRS 383.440 Regulations.

COMMISSION FOR CULTURAL CENTERS AND HISTORIC PRESERVATION

NRS 383.500 Creation; members; Chair; rules; meetings; quorum; allowances and expenses.

NRS 383.510 Plan for preservation and promotion of cultural resources.

NRS 383.520 Program for awarding financial assistance.

NRS 383.530 Determination of annual amount of financial assistance to be granted by Commission; notice to State Board of Examiners and State Board of Finance; issuance of bonds.

NRS 383.540 Fund for the Preservation and Promotion of Cultural Resources.

_________

GENERAL PROVISIONS

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 Preservation created by NRS 383.500.

4. “Cultural affiliation” has the meaning ascribed to it in NRS 381.001.

5. “Cultural resources” means any objects, sites or information of historic, prehistoric, archeological, architectural or paleontological significance.

6. “Department” means the State Department of Conservation and Natural Resources.

7. “Director” means the Director of the Department.

8. “Indian tribe” means any tribe, band, nation or other organized group or community of Indians which is recognized as eligible for the special programs and services provided by the United States to native Indians because of their status as native Indians.

9. “Office” means the Office of Historic Preservation of the Department.

10. “Prehistoric” has the meaning ascribed to it in NRS 381.195.

(Added to NRS by 1977, 1357; A 1993, 1592; 2001, 934; 2005, 1576; 2011, 2981; 2015, 73; 2017, 3543)

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 within the State, including programs to survey, record, study and preserve or salvage cultural resources.

(b) Carry out the provisions of NRS 383.440.

(d) Designate repositories for the materials that comprise the inventory.

(e) Provide staff assistance to the Commission.

(f) Assist the State Public Works Division of the Department of Administration in conducting the evaluation required by NRS 701B.925 with respect to a building that is at least 50 years old, including, without limitation, making a recommendation regarding the use of an alternative to window replacement based upon whether the use of the alternative is consistent with the goal of historic preservation.

3. An Indian tribe may be designated as a repository to receive prehistoric native Indian human remains or funerary objects pursuant to paragraph (d) of subsection 2 if agreed to by the Indian tribe.

4. The Comstock Historic District Commission is within the Office.

(Added to NRS by 1977, 1357; A 1985, 716; 1989, 504; 1993, 1592; 2005, 1576; 2011, 2981; 2015, 73; 2017, 1436, 3543)

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 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)

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 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 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 the Administrator 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 establish and administer a technical advisory program to provide technical assistance for the protection and preservation of buildings or other structures in this State that are at least 50 years old.

2. In carrying out the technical advisory program, the Administrator shall, without limitation:

(a) Qualify persons as technical advisers to provide technical assistance through the program. To be eligible for qualification as a technical adviser for the program, a person:

(1) Must:

(I) Have experience in the field of architecture, historical architecture or architectural history or any other field determined to be relevant by the Administrator; or

(II) Work in a profession described in the Secretary of the Interior’s Historic Preservation Professional Qualification Standards, as issued by the United States Department of the Interior in 62 Federal Register 33,708 on June 20, 1997.

(2) Is not required to be a resident of this State.

(b) Compile and maintain a list of persons qualified as technical advisers for the program.

(c) Publish on the Internet website of the Office the list of persons compiled and maintained pursuant to paragraph (b). The Office is not liable for the use of the list by any person to receive technical assistance from persons qualified as technical advisers for the program.

(d) Provide, within the limits of available money, grants of money to public and private persons and entities and to nonprofit corporations who own buildings or other structures in this State that are at least 50 years old to obtain technical assistance from a technical adviser for the program. The recipient of such a grant:

(1) May use the grant only to pay for the technical assistance and travel expenses of the technical adviser for the program relating to the protection and preservation of the building or structure for which the grant was awarded.

(2) May not use the grant to pay for expenses incurred by the technical adviser for lodging and meals related to the provision of the technical assistance or any other purpose other than the purpose authorized in subparagraph (1).

3. The Office shall provide administrative services to assist in carrying out the program.

4. The Administrator may accept gifts, grants, donations or contributions from any source to assist the Administrator in carrying out the program.

5. The Administrator shall adopt such regulations as are necessary to carry out the program, including, without limitation, regulations regarding:

(a) The awarding of grants under the program; and

(b) Qualifying to become a technical adviser for the program pursuant to paragraph (a) of subsection 2.

6. As used in this section, “technical assistance”:

(a) Means the provision of advice within the professional capacity of the technical adviser.

(b) Includes site visits and research and communication activities.

(c) Does not include the provision of any other professional or other services of the technical adviser except as described in paragraphs (a) and (b).

(Added to NRS by 2019, 3899)

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 preservation of historic sites;

(b) A program for carrying out the plan; and

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

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)

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 list of eligible sites, buildings, structures and objects, including, without limitation, landmarks, and districts on public and private land.

4. The Administrator may, by agreement with the appropriate state agency or private owner, place any site, building, structure or object, including, without limitation, a landmark, 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, building, structure or object, including, without limitation, a landmark, or district which is located on federal land in the State Register.

(Added to NRS by 1979, 272; A 1993, 1593; 2019, 973)

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 lands.

(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. Upon request by any state agency or political subdivision, the Administrator shall prepare the legend for any new historical marker identified in the inventory of qualified sites not already included in the State Historical Marker Registry.

(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.

2. 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 or her property, the owner 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 the owner notifies the nonprofit organization and requests the organization to remove the historical marker. The owner shall notify any person to whom he or she 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 or she owns the structure and shall notify any person to whom he or she 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; 2023, 1860)

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 private sources in payment for services rendered.

(Added to NRS by 1977, 1358; A 1979, 618)

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 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. The Office shall consult with Indian tribes in order to salvage or preserve prehistoric native Indian human remains or funerary objects located on such property.

2. Except as otherwise provided in subsection 10, 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. Upon receiving notice pursuant to subsection 2 of the potential endangerment of or the discovery of prehistoric native Indian human remains or a funerary object, the Office shall immediately notify, in writing, and initiate consultation with any Indian tribe:

(a) Who is or is likely to be culturally affiliated with the prehistoric native Indian human remains or funerary object;

(b) On whose aboriginal lands the prehistoric native Indian human remains or funerary object was discovered; or

(c) Who is reasonably known to have a direct cultural relationship to the prehistoric native Indian human remains or funerary object.

4. The written notice must include a proposed time and place for the consultation with the Office.

5. Except as otherwise provided in subsection 6, within 10 days after the notice is given by the Office, the Office shall consult with the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object as determined by the Office.

6. Failure of an Indian tribe to respond within 10 days after notice has been given to the Indian tribe pursuant to subsection 3 shall be deemed a waiver of the requirement for consultation with the Indian tribe.

7. After the period for consultation described in subsection 5, the Office shall, to the fullest extent practicable, within the appropriations available to the agency of the State or its political subdivision described in subsection 2, develop a resolution for the affected property that is consistent with the standard of preservation described in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation as set forth in 48 Federal Register 44716 on September 29, 1983, and any amendments thereto.

8. 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.

9. The provisions of subsections 3 to 7, inclusive, do not apply to an agency of the State or its political subdivisions, with respect to prehistoric native Indian human remains or funerary objects, if the preparation or contract to excavate or perform work described in subsection 2 is subject to an existing agreement with:

(a) The closest culturally affiliated Indian tribe that relates to the discovery of prehistoric native Indian human remains or a funerary object; or

(b) A federal agency that was executed pursuant to federal law and that relates to the discovery of prehistoric native Indian human remains or a funerary object.

10. The requirements set forth in NRS 383.150 to 383.180, inclusive, apply if an Indian burial site, as defined in NRS 383.150, is disturbed.

(Added to NRS by 1977, 1359; A 1993, 1593; 2017, 3543)

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 Office provides such notice to or consultation with the Indian tribe pursuant to federal law.

(Added to NRS by 2017, 3542)

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 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 or she determines are necessary to carry out the provisions of this section.

(Added to NRS by 2001, 1653)

PROTECTION OF INDIAN BURIAL SITES AND HISTORIC AND PREHISTORIC SITES

Protection of Indian Burial Sites

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. “Grave” means an excavation for burial of a human body.

4. “Indian burial site” means the area including and immediately surrounding the cairn or grave of a native Indian.

5. “Nondestructive analysis” means analysis performed using scientific or technological techniques to evaluate the properties of a material, component or system without causing damage.

6. “Professional archeologist” means a person who holds a graduate degree in archeology, anthropology or a closely related field as determined by the Administrator.

(Added to NRS by 1989, 573; A 2017, 3545)

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 remains associated with the site so that the landowner may directly consult with the Indian tribe, if any, concerning the treatment and disposition of the 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 excavation, vandalism and destruction; and

(b) In consultation with the closest culturally affiliated Indian tribe, 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.

3. Determine which Indian tribe has the closest cultural affiliation to the Indian burial site and any artifacts and human remains associated with the site.

(Added to NRS by 1989, 575; A 1993, 1593; 2017, 3545)

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 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.

(b) Upon receiving a report pursuant to paragraph (a), the Office shall immediately notify, in writing, and initiate consultation with any Indian tribe:

(1) Who is or is likely to be culturally affiliated with the Indian burial site;

(2) On whose aboriginal lands the Indian burial site was discovered; or

(3) Who is reasonably known to have a direct cultural relationship to the Indian burial site.

(d) Except as otherwise provided in paragraph (e), within 10 days after the notice is given by the Office, the landowner shall consult with the Indian tribe which has the closest cultural affiliation to the Indian burial site, as determined by the Office, concerning the treatment and disposition of the site and all artifacts and human remains associated with the site. The Indian tribe may, with the permission of the landowner, inspect the site. Within 10 days after the inspection, if any, the Indian tribe may recommend an appropriate means for the treatment and disposition of the site and all artifacts and human remains associated with the site. Those recommendations may include, without limitation, that any human remains or artifacts associated with the site are:

(1) Preserved in place;

(2) Reinterred at another location that is determined in consultation with the Indian tribe which has the closest cultural affiliation to the human remains or artifacts associated with the site; or

(3) Returned to the closest culturally affiliated Indian tribe, in accordance with the repatriation process adopted pursuant to NRS 383.440, if a request for repatriation is made.

Ê Within 10 days after receiving the recommendations, if any, for the treatment and disposition of the site and all artifacts and human remains associated with the site, the landowner may appeal the recommendations to the Office.

(e) Failure of an Indian tribe to respond within 10 days after notice has been given to the Indian tribe pursuant to paragraph (b) shall be deemed a waiver of the requirement for consultation with the Indian tribe.

(f) If the Indian burial site is located on private land and:

(1) The Office fails to identify the closest culturally affiliated Indian tribe or consultation with the closest culturally affiliated Indian tribe is waived pursuant to paragraph (e); or

(2) The landowner rejects the recommendation made pursuant to paragraph (d) and mediation conducted pursuant to NRS 383.160 fails to provide measures acceptable to the landowner,

Ê the landowner shall, at his or her own expense, reinter with appropriate dignity all artifacts and human remains associated with the site in a location not subject to further disturbance.

(g) 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, under the supervision of the closest culturally affiliated Indian tribe, if any.

(h) Any other excavation of an Indian burial site may be conducted only:

(1) By a professional archeologist;

(2) After written notification to the Administrator; and

(3) With the prior written consent of the closest culturally affiliated Indian tribe, if any. Failure of an Indian 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 be reinterred under the supervision of the closest culturally affiliated Indian tribe, if any, except that the Indian tribe may, by explicit written consent, authorize the public display of a particular artifact if the public display is respectful, as determined in consultation with the Indian tribe. The archeologist, closest culturally affiliated Indian tribe, if any, and landowner shall negotiate an agreement to determine who will pay the expenses related to the interment.

(i) The Office shall determine which Indian tribe has the closest cultural affiliation to an Indian burial site and all artifacts and human remains associated with the site.

(j) Prehistoric native Indian human remains or funerary objects discovered at an Indian burial site:

(1) Must not be subjected to scientific study unless the Office reasonably determines that scientific study is necessary for the limited purpose of determining which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects; and

(2) Must not be separated when the prehistoric native Indian human remains and funerary objects are reinterred.

(k) Nondestructive analysis on any other artifacts removed from an Indian burial site may be conducted only with the explicit written consent of the closest culturally affiliated Indian tribe, if any.

2. The provisions of subsection 1 do not apply, with respect to prehistoric Indian burial sites, to a permit issued pursuant to NRS 381.196.

3. The provisions of subsection 1 do not apply, with respect to prehistoric native Indian human remains or funerary objects, if the person who disturbed the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity is subject to an existing agreement with:

(a) The closest culturally affiliated Indian tribe that relates to the discovery of prehistoric native Indian human remains or a funerary object; or

(b) A federal agency that was executed pursuant to federal law and that relates to the discovery of prehistoric native Indian human remains or a funerary object.

(Added to NRS by 1989, 574; A 1993, 928, 1594; 1995, 579; 2017, 3545)

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 Indian tribe located within the county where the remains are found; or

(b) Notify the Office.

2. As used in this section, “law enforcement agency” has the meaning ascribed to it in NRS 289.010.

(Added to NRS by 2023, 3585)

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 guilty of a gross misdemeanor.

(b) For a second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

ÊIn addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost to reinter with appropriate dignity all artifacts and human remains associated with the cairn or grave.

2. A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and 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 364 days.

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

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 or her duties.

(Added to NRS by 1989, 574; A 1993, 929; 1995, 1271; 2013, 983; 2017, 3548; 2019, 585)

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. 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.

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

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)

NRS 383.405 “Historic site” defined. “Historic site” has the meaning ascribed to it in NRS 381.195.

(Added to NRS by 2005, 569)

NRS 383.410 “Political subdivision” defined. “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)

NRS 383.415 “Prehistoric site” defined. “Prehistoric site” has the meaning ascribed to it in NRS 381.195.

(Added to NRS by 2005, 569)

NRS 383.420 “State agency” defined. “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)

NRS 383.425 “State land” defined. “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. If the land includes any prehistoric native Indian human remains or funerary objects, the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects may request that the Office enter into such an agreement.

2. An agreement made pursuant to subsection 1 must:

(a) If the agreement involves land that includes any prehistoric native Indian human remains or funerary objects, include the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects, if any, as a party to the agreement;

(b) 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;

(c) 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

(d) 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 (c) 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 (c) 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.

4. The Office shall determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects.

(Added to NRS by 2005, 569; A 2017, 3548)

NRS 383.435 Prohibited acts; penalties; exceptions; civil remedy.

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 gross misdemeanor.

(b) For a second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

ÊIn addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost of restoration, stabilization and interpretation of the site or cultural property, as applicable.

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; A 2013, 983; 2017, 3549; 2019, 586)

Miscellaneous Provisions

NRS 383.440 Regulations.

1. The Office may adopt regulations to carry out the provisions of NRS 383.400 to 383.440, inclusive.

2. The Office shall adopt regulations as necessary to carry out the provisions of NRS 383.150 to 383.440, inclusive, including, without limitation, regulations which set forth the process for repatriation of prehistoric native Indian human remains and funerary objects. The regulations 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 Office.

(Added to NRS by 2005, 570; A 2017, 3542)

COMMISSION FOR CULTURAL CENTERS AND HISTORIC PRESERVATION

NRS 383.500 Creation; members; Chair; rules; meetings; quorum; allowances and expenses.

1. The Commission for Cultural Centers and Historic Preservation is hereby created. The Commission is advisory to the Department and consists of:

(a) The Chair of the Board of Trustees of Nevada Humanities or a member of the Board of Trustees of Nevada Humanities designated by the Chair;

(b) The Chair of the Board of the Nevada Arts Council of the Department of Tourism and Cultural Affairs or a member of the Board of the Nevada Arts Council designated by the Chair;

(d) A member of the Advisory Board appointed by the Governor;

(e) A member of the Advisory Board appointed by the Governor 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;

(f) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada and who is appointed by the Governor; and

(g) The Chair of the State Council on Libraries and Literacy or a member of the State Council on Libraries and Literacy designated by the Chair.

2. The Commission shall:

(a) Elect from its membership a Chair who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the Commission for the remainder of the unexpired term.

(b) Prescribe rules for its own management and government.

(c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair.

3. Four members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider particular business before it and to exercise the power conferred on the Commission.

4. The members of the Commission are not entitled to be paid a salary, but are entitled, while engaged in the business of the Commission, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 2015, 70; A 2015, 138; 2017, 3550)

NRS 383.510 Plan for preservation and promotion of cultural resources.

1. The Commission shall maintain, and revise at least once every 2 years, a 10-year plan to:

(a) Preserve and promote Nevada’s cultural resources; and

(b) Develop a network of cultural centers and activities in this State.

2. The plan must include:

(a) A description of the means by which a statewide network of cultural centers and activities is to be developed;

(b) A program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities; and

3. The plan must be submitted to:

(a) The Governor;

(b) The Legislative Commission; and

(Added to NRS by 2015, 71)

NRS 383.520 Program for awarding financial assistance. The Commission may, in establishing the program for awarding financial assistance described in paragraph (b) of subsection 2 of NRS 383.510:

1. Award financial assistance to governmental entities and nonprofit corporations formed for educational or charitable purposes, including, without limitation, the preservation or promotion of cultural resources.

2. Establish the conditions an applicant must satisfy to receive an award of financial assistance. Financial assistance may only be awarded for the actual expense of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

3. Specify the criteria by which proposed projects will be judged. The criteria must include, but is not limited to, a consideration of the degree to which a proposed project:

(a) May become a recurring event without the necessity of future state financial support;

(b) Will be accessible to the community;

(d) Will promote or preserve some historic or prehistoric feature of Nevada;

(e) Will have multiple uses for many types of cultural organizations;

(f) Will supplement training in the classroom in the arts and humanities; and

(g) Incorporates the various disciplines directly associated with cultural resources.

4. Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.

(Added to NRS by 2015, 71)

NRS 383.530 Determination of annual amount of financial assistance to be granted by Commission; notice to State Board of Examiners and State Board of Finance; issuance of bonds.

1. The Commission shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 383.500 to 383.540, inclusive. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount.

2. After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the Commission from the proceeds of the bonds issued pursuant to this section, to pay the expenses related to the issuance of the bonds and to pay for the administrative services of the Commission. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. In no case may the total face amount of the bonds issued pursuant to this section exceed $3,000,000 per year. No public debt is created, within the meaning of Section 3 of Article 9 of the Nevada Constitution, until the issuance of the bonds.

3. The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources created by NRS 383.540.

4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

(Added to NRS by 2015, 72; A 2015, 139)

NRS 383.540 Fund for the Preservation and Promotion of Cultural Resources.

1. There is hereby created in the State Treasury the Fund for the Preservation and Promotion of Cultural Resources. The Commission is responsible for the administration of the Fund. All money received and held by the State Treasurer for that purpose must be deposited in the Fund. The Commission shall account separately for money received from the proceeds of bonds issued pursuant to NRS 383.530.

2. The Commission may expend money in the Fund only:

(a) For projects identified in the Commission’s plan to promote and preserve the State’s cultural resources pursuant to NRS 383.500 to 383.540, inclusive. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to NRS 383.530, the Commission may grant as financial assistance not more than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the Fund; and

(b) For any administrative services provided by the Commission. The Commission may not use more than 5 percent of the proceeds from any particular issuance of bonds to pay for the administrative services.

3. The money in the Fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the Fund must be credited to the Fund.

4. Claims against the Fund must be paid as other claims against the State are paid.

(Added to NRS by 2015, 72; A 2015, 140)