1. Senate Bill No. 397–Senator Porter

CHAPTER........

AN ACT relating to cooperative agreements; authorizing certain public entities to enter into

cooperative agreements for the preservation, protection, restoration and

enhancement of unique archeological or historical sites in this state; and providing

other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 277 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 and 3 of this act.

Sec. 2. The legislature hereby finds and declares that:

1. There are various unique and irreplaceable sites in this state of

archeological or historical significance.

2. Certain of these sites are in danger of degradation and destruction

from the encroachment of urban development.

3. This state has a compelling interest in preserving, protecting,

restoring and enhancing these sites.

4. The preservation, protection, restoration and enhancement of

these sites is a matter of such significance that it must be carried out on a

continual basis.

5. It is in the best interest of this state to ensure that certain public

entities have continuing authority to enter into cooperative agreements

for the preservation, protection, restoration and enhancement of such

unique and irreplaceable sites in this state.

Sec. 3. 1. A public entity, in consultation with any Indian tribe that

has local aboriginal ties to the geographical area in which a unique

archeological or historical site is located and in cooperation with the

office of historic preservation of the department of museums, library and

arts, may enter into a cooperative agreement with the owner of any

property that contains a unique archeological or historical site in this

state or with any other person, agency of the Federal Government or

other public entity for the preservation, protection, restoration and

enhancement of unique archeological or historical sites in this state,

including, without limitation, cooperative agreements to:

(a) Monitor compliance with and enforce any federal or state statutes

or regulations for the protection of such sites.

(b) Ensure the sensitive treatment of such sites in a manner that

provides for their long-term preservation and the consideration of the

values of relevant cultures.

(c) Apply for and accept grants and donations for the preservation,

protection, restoration and enhancement of such sites.

(d) Create and enforce:

(1) Legal restrictions on the use of real property; and

(2) Easements for conservation, as defined in NRS 111.410,

for the protection of such sites.

2. As used in this section, "public entity" means any:

(a) Agency of this state, including the office of historic preservation;

and

(b) County, city or town in this state.

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