Senate Bill No. 397–Senator Porter
March 12, 1999
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Referred to Committee on Natural Resources
SUMMARY—Authorizes certain public entities to enter into cooperative agreements for preservation, protection, restoration and enhancement of unique archaeological or historical sites in this state. (BDR 22-1530)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 277 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. The legislature hereby finds and declares that:1-4
1. There are various unique and irreplaceable sites in this state of1-5
archeological or historical significance.1-6
2. Certain of these sites are in danger of degradation and destruction1-7
from the encroachment of urban development.1-8
3. This state has a compelling interest in preserving, protecting,1-9
restoring and enhancing these sites.1-10
4. The preservation, protection, restoration and enhancement of1-11
these sites is a matter of such significance that it must be carried out on a1-12
continual basis.1-13
5. It is in the best interest of this state to ensure that certain public1-14
entities have continuing authority to enter into cooperative agreements1-15
for the preservation, protection, restoration and enhancement of such1-16
unique and irreplaceable sites in this state.2-1
Sec. 3. 1. A public entity, in cooperation with the office of historic2-2
preservation of the department of museums, library and arts, may enter2-3
into a cooperative agreement with any person, agency of the Federal2-4
Government or other public entity for the preservation, protection,2-5
restoration and enhancement of unique archaeological or historical sites2-6
in this state, including, without limitation, cooperative agreements to:2-7
(a) Monitor compliance with and enforce any federal or state statutes2-8
or regulations for the protection of such sites.2-9
(b) Ensure the sensitive treatment of such sites in a manner that2-10
provides for their long-term preservation and the consideration of the2-11
values of relevant cultures.2-12
(c) Apply for and accept grants and donations for the preservation,2-13
protection, restoration and enhancement of such sites.2-14
(d) Create and enforce:2-15
(1) Legal restrictions on the use of real property; and2-16
(2) Easements for conservation, as defined in NRS 111.410,2-17
for the protection of such sites.2-18
2. As used in this section, "public entity" means any:2-19
(a) Agency of this state, including the office of historic preservation;2-20
(b) County, city or town in this state; and2-21
(c) Indian tribe in this state.~