1. In addition to the imposition of any criminal penalty, an Indian tribe or an enrolled member of an Indian tribe may bring a civil action to secure an injunction, damages and other appropriate relief against a person who violates NRS 383.170 or 383.180. The action must be brought within 2 years after the discovery of the action by the plaintiff. The action may be filed in the district court for the county in which the cairn, grave, artifacts or remains are located, or within which the defendant resides.
2. If the plaintiff prevails in the action:
(a) The court may award reasonable attorney fees to the plaintiff.
(b) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or human remains acquired or equipment used in the violation. The court shall order the disposition of any forfeited equipment as it sees fit, and order the reinterment of the artifacts and human remains at the defendant’s expense under the supervision of the Indian tribe.
(c) The plaintiff may recover actual damages.
3. If the defendant prevails in the action, the court may award reasonable attorney fees to the defendant.
(Added to NRS by 1989, 575)
Structure Nevada Revised Statutes
Chapter 383 - Historic Preservation and Archeology
NRS 383.031 - Administrator: Qualifications.
NRS 383.041 - Administrator: Duties; employment of personnel.
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 383.123 - Exception to requirements for notice to and consultation with Indian tribes.
NRS 383.160 - Duties of Office of Historic Preservation.
NRS 383.180 - Prohibited acts; penalties; exceptions.
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 383.435 - Prohibited acts; penalties; exceptions; civil remedy.
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 383.540 - Fund for the Preservation and Promotion of Cultural Resources.