Assembly Bill No. 230–Assemblymen Mortenson,
de Braga, Chowning and McClain

 

February 26, 2001

____________

 

Joint Sponsors: Senators Rawson and Rhoads

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Makes various changes relating to protection of cultural resources. (BDR 33‑600)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to cultural resources; requiring the administrator of the office of historic preservation of the department of museums, library and arts to establish a stewardship program for the protection of cultural resources; requiring the administrator to establish an advisory commission for certain purposes; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 383 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  1.  The administrator shall, by regulation, establish a

1-4  stewardship program to:

1-5    (a) Protect  cultural resources in this state;

1-6    (b) Increase public awareness of the significance and value of

1-7  cultural resources and the damage done to cultural resources by

1-8  vandalism;

1-9    (c) Discourage vandalism of cultural resources and the sale and trade

1-10  of artifacts;

1-11    (d) Support the adoption and enforcement of national, state, tribal and

1-12  local laws and regulations to preserve cultural resources;

1-13    (e) Support and encourage high standards for the investigation of

1-14  cultural resources throughout this state;

1-15    (f) Promote cooperation among agencies, organizations, Indian tribes

1-16  and natural persons who are concerned about the protection of cultural

2-1  resources and enter into agreements with such agencies, organizations,

2-2  Indian tribes and natural persons to promote the protection of cultural

2-3  resources; and

2-4    (g) Add to the inventory of cultural resources maintained pursuant to

2-5  NRS 383.021.

2-6    2.  The administrator shall select, train and certify volunteers to serve

2-7  in the stewardship program based upon policy, criteria and procedures

2-8  established by the administrator.

2-9    3.  The stewardship program must:

2-10    (a) In cooperation with agencies, organizations, Indian tribes and

2-11  natural persons who are concerned about the protection of cultural

2-12  resources, create a list of sites that are cultural resources in this state for

2-13  monitoring;

2-14    (b) Establish activities for periodic monitoring by volunteers of

2-15  cultural resources on the list created pursuant to paragraph (a);

2-16    (c) Establish requirements for reporting damage, threats of damage or

2-17  vandalism of cultural resources to appropriate authorities as determined

2-18  by the administrator; and

2-19    (d) Establish programs for educating the public concerning the

2-20  significance and value of cultural resources and the loss to the public

2-21  resulting from damage to cultural resources.

2-22    4.  The administrator shall coordinate the cooperation of federal

2-23  authorities, Indian tribes and state and local governmental agencies, as

2-24  necessary, to carry out the stewardship program.

2-25    5.  The administrator and the office shall provide administrative

2-26  support to the stewardship program.

2-27    6.  Volunteers selected for the stewardship program serve without

2-28  compensation and are not entitled to receive a per diem allowance or

2-29  travel expenses.

2-30    Sec. 3.  1.  The administrator shall create an advisory commission

2-31  on stewardship of cultural resources to advise the administrator on issues

2-32  relating to the stewardship program.

2-33    2.  The administrator shall appoint as members of the advisory

2-34  commission:

2-35    (a) At least one person who is a representative of an Indian tribe;

2-36    (b) At least one person who is an archeologist;

2-37    (c) At least one person who is a representative of the University and

2-38  Community College System of Nevada;

2-39    (d) At least one person who is a representative of the division of state

2-40  parks of the state department of conservation and natural resources; and

2-41    (e) At least one person who is a representative of the general public;

2-42    (f) As the administrator deems appropriate, such other persons who

2-43  possess a demonstrated interest or expertise in one or more of the

2-44  following fields:

2-45      (1) Prehistoric archeology.

2-46      (2) Historic archeology.

2-47      (3) Paleontology.

2-48      (4) Ethnology.

2-49      (5) Law enforcement.

3-1       (6) Architecture.

3-2       (7) History.

3-3    3.  The members of the advisory commission serve:

3-4    (a) At the pleasure of the administrator; and

3-5    (b) Except as otherwise provided in subsections 4 and 5, without

3-6  compensation and without receiving a per diem allowance or travel

3-7  expenses.

3-8    4.  A member of the advisory commission may receive a per diem

3-9  allowance and travel expenses if the administrator determines that

3-10  extraordinary circumstances warrant such pay and that money is

3-11  available for this.

3-12    5.  A state agency, local government or public institution shall not

3-13  require an officer or employee who is a member of the advisory

3-14  commission to make up the time he is absent from work to carry out his

3-15  duties as a member, and shall not require the member to take annual

3-16  vacation or compensatory time for the absence. Each member of the

3-17  advisory commission who is an officer or employee of the state, a local

3-18  government or a public institution must be:

3-19    (a) Relieved from his duties without loss of his regular compensation

3-20  so that he may prepare for and attend meetings of the advisory

3-21  commission and perform any work necessary to carry out the duties of

3-22  the advisory commission in the most timely manner practicable;

3-23    (b) Compensated for attending meetings and performing other work

3-24  for the advisory commission as if such work were part of his regular

3-25  duties in his position of employment with the state or a local government;

3-26  and

3-27    (c) Paid a per diem allowance and travel expenses for attending

3-28  meetings and performing other work for the advisory commission as if

3-29  such work were part of his regular duties in his position of employment

3-30  with the state or a local government.

3-31    6.  The members of the advisory commission shall select a chairman

3-32  and such other officers as the commission deems appropriate.

3-33    Sec. 4.  The advisory commission shall:

3-34    1.  Advise the administrator on:

3-35    (a) Conducting programs of education to promote the protection of

3-36  cultural resources and inform the public on issues relating to cultural

3-37  resources;

3-38    (b) Encouraging the enforcement of laws to prevent theft, damage,

3-39  vandalism and other activities destructive to cultural resources;

3-40    (c) Enhancing the statewide historic preservation plan prepared

3-41  pursuant to NRS 383.081, including matters concerning the acquisition

3-42  and management of sites that are cultural resources;

3-43    (d) Developing a mechanism to assist a person who owns a cultural

3-44  resource or real property upon which a cultural resource is located to

3-45  protect and manage the cultural resource;

3-46    (e) Encouraging the continued study of archeology and paleontology

3-47  in this state; and

3-48    (f) Activities and issues relating to archeology and paleontology.

4-1    2.  Not later than January 15 of each odd-numbered year, prepare

4-2  and submit to the director of the legislative counsel bureau a report of

4-3  the activities of the advisory commission. The director of the legislative

4-4  counsel bureau shall transmit the report to the assembly standing

4-5  committee on natural resources, agriculture, and mining and to the

4-6  senate standing committee on natural resources.

4-7    Sec. 5.  NRS 383.011 is hereby amended to read as follows:

4-8    383.011  As used in this chapter, unless the context otherwise requires:

4-9    1.  “Administrator” means the administrator of the office.

4-10    2.  “Advisory board” means the board of museums and history.

4-11    3.  “Artifacts” includes both archeological and paleontological

4-12  materials.

4-13    4.  “Cultural resources” means objects, sites and information of

4-14  historic, prehistoric, archeological, architectural, paleontological or

4-15  traditional significance.

4-16    5.  “Director” means the director of the department of museums, library

4-17  and arts.

4-18    [4.] 6.  “Office” means the office of historic preservation of the

4-19  department of museums, library and arts.

4-20    Sec. 6.  NRS 383.021 is hereby amended to read as follows:

4-21    383.021  1.  The office of historic preservation is hereby created.

4-22    2.  The office shall:

4-23    (a) Encourage, plan and coordinate historic preservation and

4-24  archeological activities within the state, including programs to survey,

4-25  record, study and preserve or salvage [objects, localities and information of

4-26  historic, prehistoric and paleoenvironmental significance.] cultural

4-27  resources.

4-28    (b) Compile and maintain an inventory of [historic, archeological and

4-29  architectural] cultural resources in Nevada deemed significant by the

4-30  administrator.

4-31    (c) Designate repositories for the materials that comprise the inventory.

4-32    3.  The Comstock historic district commission is within the office.

4-33    Sec. 7.  This act becomes effective on July 1, 2001.

 

4-34  H