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)
Structure Nevada Revised Statutes
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 381.0036 - Legislative appropriations.
NRS 381.0037 - Petty cash accounts; change accounts.
NRS 381.004 - Creation; composition; general duties of institutions.
NRS 381.005 - Administrator: Appointment; qualifications; classification; employment of staff.
NRS 381.006 - Administrator: 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 381.0075 - Acceptance of gifts.
NRS 381.008 - Sale of duplicates, surplus and inappropriate items; use of proceeds.
NRS 381.009 - Acquisition or repatriation of abandoned property held by institution.
NRS 381.1957 - Collection of certain minerals and artifacts and photography not prohibited.
NRS 381.196 - Requirement; exception; regulations.
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 381.209 - Limitations and conditions.
NRS 381.213 - Conditions for voiding.
NRS 381.217 - Collections of petrified wood authorized; limitations.
NRS 381.221 - Enforcement by Division of State Parks, sheriffs and other peace officers.
NRS 381.225 - Acts of vandalism unlawful; penalty.
NRS 381.241 - Permit or agreement to conduct tours; conditions.
NRS 381.255 - State publications to be donated for deposit in Society’s collections.