[Rev. 11/21/2013 10:51:01 AM--2013]

TITLE 26 - PUBLIC LANDS

CHAPTER 321 - ADMINISTRATION, CONTROL AND TRANSFER OF STATE LANDS

GENERAL PROVISIONS

NRS 321.0005         Legislative declaration: Policy regarding use of state lands.

NRS 321.00051       Legislative declaration: Acquisition of lands retained by Federal Government.

NRS 321.0006         Definitions.

NRS 321.0007         “Division” defined.

NRS 321.0008         “Trust lands” defined.

DIVISION OF STATE LANDS

NRS 321.001           Division to acquire, hold and administer state lands; exceptions; procedure for obtaining land for use of state agency.

NRS 321.003           Assignment of land to state agency; certification of State Land Registrar required before making improvements; lease or sale of state land; use or acquisition of land without prior authorization of State Land Registrar prohibited.

NRS 321.005           Notice to governing body of county or city of transfer of state land; public hearing.

NRS 321.007           Appraisal of land offered for sale or lease; list of qualified appraisers; disclosure by appraiser; prohibited conflict of interest; market value analysis required for certain leases of residential property; effect of violation.

NRS 321.008           State Land Registrar may offer certain land for lease without complying with NRS 321.007 or 321.335.

NRS 321.009           Limited-liability company to submit disclosure concerning ownership of certain land acquired from State Land Registrar; public inspection of disclosure.

STATE LAND OFFICE AND STATE LAND REGISTRAR

NRS 321.010           State Land Office created; State Land Registrar; appointment of Deputy and staff.

NRS 321.030           Office of State Land Registrar.

NRS 321.040           Records of State Land Office: Duties of State Land Registrar.

NRS 321.050           Statement of land acquired, leased or otherwise disposed of in county to be furnished to county assessors.

NRS 321.055           Notice of tax delinquency by county assessor: Contents.

NRS 321.060           Seal of State Land Office: Use; admission in evidence of documents bearing Seal.

NRS 321.065           Fees of State Land Registrar.

NRS 321.067           Revolving Account for Land Management.

NRS 321.070           Appropriation of money for State Land Office.

ACCEPTANCE, SELECTION AND TRANSFER OF LANDS

NRS 321.090           Selection of lands by State Land Registrar.

NRS 321.110           Acceptance of land grants by Governor or State Land Registrar; legislative policy for State to negotiate for unconditional land grants.

NRS 321.125           Sale of state land to public agency or local government.

NRS 321.135           Transfer of state park to local government.

NRS 321.140           Reimbursement for unlocated land warrant from State Permanent School Fund.

NRS 321.300           Contractors and patentees deemed to have right to exclusive possession or fee simple title, including all gas, coal, oil and oil shales, subject to royalty payments.

PATENTS

NRS 321.310           Land acquired by patent from Federal Government to be conveyed by patent.

NRS 321.320           Form and contents of patents.

NRS 321.330           Record of issued patents.

CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEEN MARCH 3, 1887, AND JULY 3, 1997

NRS 321.331           Persons receiving patent or deed from State required to be confirmed in fee simple title to lands and minerals; royalties.

NRS 321.332           Consent of State to action for declaratory judgment to determine rights of State to minerals; service of process on Attorney General; notice to each owner.

NRS 321.333           Option of plaintiff to purchase interest of State in minerals.

SALES AFTER APRIL 1, 1957

NRS 321.335           Procedure.

RESERVATIONS

NRS 321.339           State Land Registrar may withhold land from sale.

NRS 321.355           Rights-of-way reserved to State for public access to other land open for public use.

SALE OF TIMBER

NRS 321.385           Sale by State Land Registrar.

LINCOLN COUNTY PILOT LAND DEVELOPMENT AND DISPOSAL LAW

NRS 321.540           Short title.

NRS 321.550           “Department” defined.

NRS 321.560           Acquisition of lands by State Department of Conservation and Natural Resources authorized.

NRS 321.570           Powers of State Department of Conservation and Natural Resources concerning development of Lincoln County lands; sale of lands.

NRS 321.580           Lincoln County Pilot Land Development and Disposal Fund: Creation; use.

NRS 321.590           Lincoln County Pilot Land Development and Disposal Fund: Receipts to be credited; reimbursement of State General Fund.

SAGEBRUSH ECOSYSTEMS

NRS 321.592           Division authorized to establish and carry out programs to preserve, restore and enhance sagebrush ecosystems.

NRS 321.594           Powers and duties of Administrator and Division regarding programs to improve sagebrush ecosystems; Division authorized to make certain grants and enter into certain contracts and agreements; regulations.

LAKE TAHOE

Boundary of Lake

NRS 321.595           Boundary between bed of Lake Tahoe and adjacent lands.

 

Protection of Lake Tahoe Basin

NRS 321.5951         Account for License Plates for Support of Preservation and Restoration of Natural Environment of Lake Tahoe Basin.

NRS 321.5952         Declaration of legislative intent. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]

NRS 321.5952         Declaration of legislative intent. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

NRS 321.5953         Division authorized to establish and carry out programs to preserve, restore and enhance Lake Tahoe Basin.

NRS 321.5954         Powers and duties of Division and State Land Registrar regarding programs to preserve, restore and enhance Lake Tahoe Basin.

NRS 321.5956         Division authorized to enter into certain agreements; State Land Registrar authorized to make certain grants and enter into certain contracts and agreements.

NRS 321.5957         Regulations.

MANAGEMENT OF CERTAIN PUBLIC LANDS

NRS 321.596           Legislative findings.

NRS 321.5963         Definitions.

NRS 321.5967         Board of Review: Creation; composition; Chair; meetings; quorum; compensation; duties and powers.

NRS 321.597           Division to hold and manage public lands; regulations; employment of personnel.

NRS 321.5973         Public lands and minerals are property of State; rights and privileges under federal laws to be preserved; administration of land to conform with treaties and compacts.

NRS 321.5977         Objectives in administering public lands.

NRS 321.598           Disposal of public lands: Legislative authorization required; State Land Registrar may dispose of lands to same extent and in same manner as Federal Government; deposit of proceeds.

NRS 321.5983         Unauthorized disposal of public lands void; State authorization required for use, management or disposal of public lands; injunctions; action to recover consideration received from unlawful disposition of public land.

NRS 321.5987         Procedure for appealing decision of State Land Registrar to Board of Review; hearing.

NRS 321.599           Enforcement of NRS 321.596 to 321.599, inclusive, by Attorney General.

PUBLIC LAND TRUST FUND

NRS 321.601           Creation; payments to local governments in lieu of taxes on public lands. [Effective on date State obtains unreserved, unappropriated public lands in Nevada pursuant to federal law.]

LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC AND RECREATIONAL PURPOSES

NRS 321.605           Declaration of legislative intent.

NRS 321.610           Applications for lease or purchase by State and political subdivisions submitted to State Land Registrar: Duties of State Land Registrar.

STATE PLANNING OF USE OF LAND

General Provisions

NRS 321.640           Legislative findings and declaration.

NRS 321.655           Definitions.

 

State Land Use Planning Agency

NRS 321.700           Creation.

NRS 321.710           Administration; activities which have priority; personnel.

NRS 321.720           Duties of Administrator concerning local governments.

NRS 321.735           Powers and duties concerning federal lands; action by certain cities and counties not precluded.

NRS 321.7353         Notice of federal acquisition of private land to be provided to affected cities and counties; submission of written comment.

NRS 321.7355         Plan or statement of policy concerning lands under federal management.

 

State Consent to Federal Use of Public Land

NRS 321.736           Hearings and recommendations of local planning agencies.

NRS 321.737           Transfer or referral of certain applications to State Engineer.

NRS 321.738           Hearing and recommendation of State Agency.

NRS 321.739           Grant or denial of consent by Governor.

 

Land Use Planning Advisory Council

NRS 321.740           Creation; appointment, number and expenses of members. [Effective through December 31, 2013.]

NRS 321.740           Creation; appointment, number, terms and expenses of members. [Effective January 1, 2014.]

NRS 321.750           Duties.

NRS 321.755           Executive Council.

 

Resolution of Inconsistencies in Local Plans

NRS 321.761           Technical assistance; submission of matter to Executive Council.

NRS 321.763           Duties of State Agency; adoption, enforcement and expiration of plans and regulations.

 

Planning for Areas of Critical Environmental Concern

NRS 321.770           Duties of Administrator and Executive Council.

_________

 

GENERAL PROVISIONS

      NRS 321.0005  Legislative declaration: Policy regarding use of state lands.

      1.  The Legislature declares the policy of this State regarding the use of state lands to be that state lands must be used in the best interest of the residents of this State, and to that end the lands may be used for recreational activities, the production of revenue and other public purposes. In determining the best uses of state lands, the appropriate state agencies shall give primary consideration to the principles of multiple use and sustained yield as the status and the resources of the lands permit.

      2.  As used in this section:

      (a) “Multiple use” includes:

             (1) The management of state lands and their various resources so that they are used in the combination which will best meet the needs of the residents of this State;

             (2) The use of state lands and some or all of their resources or related services in areas large enough to allow for periodic adjustments in the use of the lands to conform to changing needs and conditions;

             (3) The use of certain state lands for less than all of their available resources;

             (4) A balanced and diverse use of resources which takes into account the long-term needs of residents of this State for renewable and nonrenewable resources, including, but not limited to, recreational areas, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historic areas; and

             (5) The harmonious and coordinated management of state lands and their various resources without the permanent impairment of the productivity of the lands and the quality of the environment, with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will produce the greatest yield or economic return for each parcel of land.

      (b) “Sustained yield” means the maintenance of a high-level annual or other periodic yield from the various renewable resources of state lands consistent with multiple use.

      (Added to NRS by 1987, 400)

      NRS 321.00051  Legislative declaration: Acquisition of lands retained by Federal Government.  The Legislature hereby declares that the public policy of this State is to continue to seek the acquisition of lands retained by the Federal Government within the borders of this State.

      (Added to NRS by 1989, 1672)

      NRS 321.0006  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 321.0007 and 321.0008 have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 962)

      NRS 321.0007  “Division” defined.  “Division” means the Division of State Lands of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1997, 962)

      NRS 321.0008  “Trust lands” defined.  “Trust lands” means those lands that were granted by the Federal Government to the State of Nevada directly or by an exchange for other lands, and are held in trust for the State Permanent School Fund or another beneficiary.

      (Added to NRS by 1997, 962)

DIVISION OF STATE LANDS

      NRS 321.001  Division to acquire, hold and administer state lands; exceptions; procedure for obtaining land for use of state agency.

      1.  The Division shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the State except:

      (a) Lands or interests used or acquired for highway purposes;

      (b) Lands or interests the title to which is vested in the Board of Regents of the University of Nevada;

      (c) Offices outside state buildings leased by the Administrator of the State Public Works Division of the Department of Administration for the use of state officers and employees; or

      (d) Lands or interests used or acquired for the Legislature or its staff,

Ê and shall administer all lands it holds which are not assigned for administration to another state agency.

      2.  If additional land or an interest in land is required for the use of any state agency except the Department of Transportation or the Nevada System of Higher Education, the agency and the Division shall select land for use by the agency. The Division shall obtain the approval of the Administrator of the State Public Works Division of the Department of Administration if the land will be used for a building pursuant to NRS 341.141. The Division shall determine the value of that land and obtain the land or interest by negotiation or, if necessary, by exercising the State’s power of eminent domain. Title must be taken in the name of the State of Nevada.

      3.  The Division may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.

      (Added to NRS by 1977, 1123; A 1979, 650, 1320, 1792; 1983, 1260; 1989, 2006; 1993, 388, 1555; 1995, 579; 1997, 962)

      NRS 321.003  Assignment of land to state agency; certification of State Land Registrar required before making improvements; lease or sale of state land; use or acquisition of land without prior authorization of State Land Registrar prohibited.

      1.  The State Land Registrar shall assign any land or interest in land owned by the State of Nevada which is needed for governmental purposes to the appropriate state agency for use and administration. Before a state agency erects a building or makes any other permanent improvement on land assigned to it, the agency shall notify the State Land Registrar, in a form prescribed by the State Land Registrar, and shall not proceed with the construction or improvement until the State Land Registrar certifies the nature of and any encumbrances against the State’s title to the land, and certifies that the boundaries of the land assigned include the site of the proposed construction or improvement.

      2.  Except as otherwise provided by specific statute, any lease or sale of land, or of any interest in land, by the Division must be made upon the best terms available.

      3.  The State Land Registrar shall execute on behalf of the State any lease, deed or other document by which any land or interest therein owned by the State is conveyed.

      4.  Notwithstanding any other provision of law, a person shall not use or acquire state land for any purpose unless the person first obtains written authorization from the State Land Registrar.

      5.  As used in this section, “person” includes a government, governmental agency and political subdivision of a government.

      (Added to NRS by 1977, 1124; A 1991, 1376; 1993, 158; 1997, 963)

      NRS 321.005  Notice to governing body of county or city of transfer of state land; public hearing.

      1.  The State Land Registrar shall provide written notice of any proposed sale, lease or transfer of state land to:

      (a) The governing body of the city in which the state land is located if the state land is located in an incorporated city; or

      (b) The governing body of the county in which the state land is located if the state land is not located in an incorporated city.

Ê The notice must inform the governing body that it may submit comments to the State Land Registrar concerning the proposed sale, lease or transfer within 30 days after receipt of the notice.

      2.  The governing body of a county or city may hold a public hearing on the proposed sale, lease or transfer of state land and transmit public comments received at the hearing to the State Land Registrar.

      3.  The State Land Registrar shall consider any comments received from the governing body of a county or city when determining whether it is in the best interest of the State to proceed with the sale, lease or transfer of state land.

      (Added to NRS by 1991, 1376)

      NRS 321.007  Appraisal of land offered for sale or lease; list of qualified appraisers; disclosure by appraiser; prohibited conflict of interest; market value analysis required for certain leases of residential property; effect of violation.

      1.  Except as otherwise provided in subsection 5, NRS 321.008, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:

      (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the land before selling or leasing it. If the Interim Finance Committee grants its approval after discussion of the fair market value of the land, one independent appraisal of the land is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.

      (b) Notwithstanding the provisions of chapter 333 of NRS, select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.

      2.  The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.

      5.  If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesperson when offering such a property for lease.

      6.  If land is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.

      (Added to NRS by 2005, 1454; A 2005, 2670, 2680; 2007, 2824; 2013, 2686)

      NRS 321.008  State Land Registrar may offer certain land for lease without complying with NRS 321.007 or 321.335.  The State Land Registrar may offer any state land for lease without complying with the provisions of NRS 321.007 or 321.335 if the area of the state land is less than 25,000 square feet.

      (Added to NRS by 2013, 2686)

      NRS 321.009  Limited-liability company to submit disclosure concerning ownership of certain land acquired from State Land Registrar; public inspection of disclosure.

      1.  If the State Land Registrar sells, leases, transfers or conveys land to, or exchanges land with, a domestic or foreign limited-liability company, the State Land Registrar shall require the domestic or foreign limited-liability company to submit a disclosure to the State Land Registrar setting forth the name of any person who holds an ownership interest of 1 percent or more in the domestic or foreign limited-liability company. The disclosure must be made available for public inspection upon request.

      2.  As used in this section, “land” includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

      (Added to NRS by 2005, 2208)

STATE LAND OFFICE AND STATE LAND REGISTRAR

      NRS 321.010  State Land Office created; State Land Registrar; appointment of Deputy and staff.

      1.  For the purpose of selecting and disposing of the lands granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a State Land Office is hereby created.

      2.  The Administrator as executive head of the Division is the ex officio State Land Registrar.

      3.  The State Land Registrar may appoint one Deputy State Land Registrar and such technical, clerical and operational staff as the execution of the duties of the State Land Registrar and the operation of the State Land Office may require.

      [Part 1:85:1885; BH § 324; C § 302; RL § 3196; NCL § 5512]—(NRS A 1957, 648; 1959, 487; 1975, 88; 1985, 414; 1997, 963)

      NRS 321.030  Office of State Land Registrar.  The State Land Registrar shall keep an office at the seat of government.

      [Part 1:85:1885; BH § 324; C § 302; RL § 3196; NCL § 5512]—(NRS A 1975, 88; 2003, 1452; 2011, 324)

      NRS 321.040  Records of State Land Office: Duties of State Land Registrar.

      1.  The State Land Registrar shall keep a record of all lands and interests in land held by the Division pursuant to NRS 321.001 and of all lands and interests in land which have been sold by the Division. These records, together with all plats, papers and documents relating to the business of the State Land Office, must be open to public inspection during office hours at no charge.

      2.  The State Land Registrar shall procure from the Bureau of Land Management one copy of each township plat of the public surveys now approved or which may subsequently be approved by the proper United States authorities, unless those copies have been previously obtained.

      [Part 2:85:1885; A 1887, 112; 1889, 123; C § 303; RL § 3197; NCL § 5513]—(NRS A 1975, 88; 1997, 963)

      NRS 321.050  Statement of land acquired, leased or otherwise disposed of in county to be furnished to county assessors.  Annually, on or before August 1, the State Land Registrar shall furnish to each county assessor a statement showing all lands which have been acquired, leased or otherwise disposed of in the county since the last annual statement.

      [Part 2:85:1885; A 1887, 112; 1889, 123; C § 303; RL § 3197; NCL § 5513] + [Part 4:85:1885; A 1887, 118; 1889, 123; C § 305; RL § 3199; NCL § 5515]—(NRS A 1975, 89; 1997, 964)

      NRS 321.055  Notice of tax delinquency by county assessor: Contents.  Upon the occurrence of any tax delinquency on state lands, the county assessor of the county wherein the land is situated shall immediately notify the State Land Registrar of that delinquency. The notice must contain a description of the land and the date and amount of delinquency.

      (Added to NRS by 1957, 535; A 1959, 488; 1975, 90; 1997, 964)

      NRS 321.060  Seal of State Land Office: Use; admission in evidence of documents bearing Seal.

      1.  The State Land Registrar is authorized to provide and use a seal for the State Land Office.

      2.  The impression of the Seal of the State Land Office upon the original or copy of any paper, plat, map or document emanating from the State Land Office shall impart verity to the document so impressed.

      [19:85:1885; BH § 342; C § 319; RL § 3213; NCL § 5530]—(NRS A 1971, 806; 1975, 90)

      NRS 321.065  Fees of State Land Registrar.

      1.  The State Land Registrar shall charge the following fees, unless a different fee is prescribed by specific statute:

      (a) For making copies of public records and maps in the custody of the State Land Office, regarding land granted to the state by the Federal Government for educational purposes:

 

For a certified copy of a contract to purchase state lands and for the renewal of a contract, each       $5.50

For a township diagram showing state entries only, each.............................. 2.00

For a copy of a township plat showing entries, each sheet............................ 2.00

For a list of entrymen and agents, showing the kind of entries, each entryman.        .50

For copies of all other public records, including contracts, applications and treasurer’s receipts:

             First sheet of each file.............................................................................. 1.00

             Each additional sheet................................................................................. .50

For copies of topography maps or portions thereof:

             First sheet per map................................................................................... 1.00

             Each additional sheet................................................................................. .50

For copies of microfilm records:

             Each roll (16 or 32mm)......................................................................... 10.00

             Each single frame “blowback”................................................................. .50

For duplication of microfilm jackets, each......................................................... .25

 

      (b) For making copies of any other public records or maps in the custody of the State Land Office, $1 for the first sheet and 50 cents for each additional sheet.

      2.  All fees charged and collected under:

      (a) Paragraph (a) of subsection 1 must be accounted for by the State Land Registrar and paid into the State Treasury for credit to the State Permanent School Fund.

      (b) Paragraph (b) of subsection 1 must be accounted for by the State Land Registrar and paid into the State Treasury for credit to the State General Fund.

      (Added to NRS by 1957, 646; A 1975, 90; 1993, 1455; 1995, 810)

      NRS 321.067  Revolving Account for Land Management.

      1.  The Revolving Account for Land Management is hereby created as a special account in the State General Fund.

      2.  The State Land Registrar shall use the money in the Account to pay the expenses related to the management of land held by the Division, including, without limitation, expenses for:

      (a) Appraisals and surveys;

      (b) Construction of fences and barriers for vehicles; and

      (c) The cleanup and maintenance of the land.

      3.  The State Land Registrar shall:

      (a) Approve any disbursement from the Revolving Account; and

      (b) Maintain records of any such disbursement.

      4.  The State Land Registrar shall deposit into the Revolving Account money received by the Division as a donation or as a reimbursement for or advance payment of an expense paid out of the Revolving Account.

      5.  The balance of the Revolving Account must be carried forward at the end of each fiscal year.

      6.  If the balance in the account is below $5,000, the State Land Registrar may request an allocation from the Contingency Account in the State General Fund pursuant to NRS 353.266, 353.268 and 353.269.

      (Added to NRS by 1999, 2540)

      NRS 321.070  Appropriation of money for State Land Office.  Funds to carry out the provisions of this chapter shall be provided by legislative appropriation from the General Fund, and shall be paid out on claims as other claims against the State are paid. All claims shall be approved by the State Land Registrar before they are paid.

      [21:85:1885; A 1889, 123; 1917, 416; 1919 RL p. 3215; NCL § 5532] + [21A:85:1885; added 1917, 416; 1919 RL p. 2911; NCL § 5533]—(NRS A 1975, 91)

ACCEPTANCE, SELECTION AND TRANSFER OF LANDS

      NRS 321.090  Selection of lands by State Land Registrar.  The State Land Registrar may select lands on behalf of the State of Nevada in accordance with the terms of any grant authorized by the Congress of the United States.

      [15:85:1885; A 1889, 123; C § 316; RL § 3210; NCL § 5526]—(NRS A 1961, 717; 1975, 91; 1997, 964)

      NRS 321.110  Acceptance of land grants by Governor or State Land Registrar; legislative policy for State to negotiate for unconditional land grants.

      1.  Subject to the provisions of subsection 2, whenever, pursuant to the laws of the United States, any lands are offered to the State of Nevada by the United States Government or any department thereof, the Governor or the State Land Registrar may accept the lands and the possession and title thereof in the name of the State of Nevada and take all necessary steps to comply with any requirement and condition mentioned in the offer.

      2.  It is hereby declared to be the policy of the Legislature that the State of Nevada shall negotiate for the acquisition of those lands as an unconditional grant by the United States Government to the State of Nevada without any other considerations, and that if the State of Nevada is unable to acquire those lands in the manner indicated, the Governor or the State Land Registrar may obtain those lands on the best terms available.

      [18 1/2:85:1885; added 1925, 107; NCL § 5529]—(NRS A 1997, 964)

      NRS 321.125  Sale of state land to public agency or local government.

      1.  The State Land Registrar may make direct sales of lands owned by the State to a public agency or local government of the State if the land is:

      (a) Not needed for use by the State; and

      (b) Needed for a valid public use.

      2.  Land sold pursuant to this section must be sold at a price equal to at least the current fair market value of the land plus the costs of the sale, including expenses related to the appraisal of the land.

      3.  As used in this section, “local government” has the meaning ascribed to it in NRS 354.474.

      (Added to NRS by 1989, 509; A 1997, 965)

      NRS 321.135  Transfer of state park to local government.

      1.  If the State of Nevada leases, sells or otherwise transfers, with or without consideration, a state park or any part thereof to a local government, the local government must agree to operate and maintain the park or part thereof in such a manner that the use and enjoyment of the park or part thereof by the residents of this State is not diminished.

      2.  A local government to which is transferred any real property or other interest in a state park, including, without limitation, any facility, equipment, water right or mineral right, may not sell, lease, encumber, alienate or otherwise dispose of the real property or other interest without authorization by a concurrent resolution of the Legislature.

      3.  If the State of Nevada executes a deed for real property which is part of a state park and which is transferred to a local government, the deed must:

      (a) Include restrictions that:

             (1) Protect all historical and recreational value of the property;

             (2) Guarantee public access to the property; and

             (3) Prevent the local government or any successor in title from transferring the property without authorization by a concurrent resolution of the Legislature; and

      (b) Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in paragraph (a).

      4.  The transfer to a local government of any real property that is part of a state park must not occur if any underlying lease of land from the Bureau of Land Management used by the state park prohibits such a transfer or would, upon such a transfer, compromise the ability of the local government to use the real property as a park.

      5.  A local government to which is transferred real property that is part of a state park shall, if the real property is subject to a lease from any person or entity, including, without limitation, the Bureau of Land Management, take all actions reasonable and necessary to ensure that the leased property remains part of the park.

      (Added to NRS by 2003, 1687)

      NRS 321.140  Reimbursement for unlocated land warrant from State Permanent School Fund.  The holder of any unlocated land warrant of this State, issued before March 12, 1885, may present that land warrant to the State Land Registrar for reimbursement from the State Permanent School Fund of the amount paid for the land warrant.

      [11:85:1885; C § 312; RL § 3206; NCL § 5522]—(NRS A 1997, 965)

      NRS 321.300  Contractors and patentees deemed to have right to exclusive possession or fee simple title, including all gas, coal, oil and oil shales, subject to royalty payments.

      1.  Every person who entered into a contract with the State of Nevada for the purchase of any trust lands of the State of Nevada before July 3, 1997, or his or her heirs, assigns or lawful successors, and every patentee of trust lands purchased from the State of Nevada, shall, subject to the royalty provided for in subsection 3, be deemed and held to have the right to the exclusive possession of the lands described in the contract or patent, including all gas, coal, oil and oil shales that may exist in those lands.

      2.  Every person who has received or is entitled to receive a patent from this State granting to the person any of those lands, or his or her heirs, assigns or lawful successors shall, subject to the royalty provided for in subsection 3, be deemed to have the fee simple title to the lands described in the patent, including all gas, coal, oil and oil shales which may exist therein.

      3.  Any person described in subsection 1 or 2 shall pay to the State of Nevada for the fund which was the original beneficiary of those lands a royalty of 5 percent of the net proceeds of all gas, coal or oil mined or extracted therefrom.

      4.  The provisions of this section do not impair any rights acquired before July 1, 1921, pursuant to existing laws to any of those lands or rights therein.

      [1:172:1921; NCL § 5545] + [2:172:1921; NCL § 5546]—(NRS A 1997, 966)

PATENTS

      NRS 321.310  Land acquired by patent from Federal Government to be conveyed by patent.  Except as otherwise ordered by a court of competent jurisdiction, the title of the State to any lands acquired by patent from the Federal Government must be conveyed by patent.

      [Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527] + [1:99:1903; RL § 3223; NCL § 5541]—(NRS A 1975, 98; 1989, 509; 1997, 966)

      NRS 321.320  Form and contents of patents.  All patents shall:

      1.  Be in such form as the Attorney General and the State Land Registrar shall jointly prescribe.

      2.  Be prepared by the State Land Registrar.

      3.  Be signed by the Governor.

      4.  Have the Great Seal of the State affixed by the Secretary of State.

      5.  Be countersigned by the State Land Registrar.

      [Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527]—(NRS A 1975, 99)

      NRS 321.330  Record of issued patents.  The Secretary of State and the State Land Registrar shall each keep a record of patents issued.

      [Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527]—(NRS A 1975, 99)

CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEEN MARCH 3, 1887, AND JULY 3, 1997

      NRS 321.331  Persons receiving patent or deed from State required to be confirmed in fee simple title to lands and minerals; royalties.  Every person or his or her heirs, assigns or lawful successors, who has received a patent or deed between March 3, 1887, and July 3, 1997, from the State of Nevada granting to him or her any trust lands of the State of Nevada must, subject to the royalty contained in NRS 321.300, be confirmed in the fee simple title to the lands described in that patent or deed, and all of the minerals therein, including all gas, coal, oil and oil shales which may exist therein, but any such patentee or his or her successors in interest, holding such a fee simple title shall pay to the State of Nevada for the fund which was the original beneficiary of those lands the royalty provided by NRS 321.300.

      (Added to NRS by 1963, 98; A 1997, 967)

      NRS 321.332  Consent of State to action for declaratory judgment to determine rights of State to minerals; service of process on Attorney General; notice to each owner.

      1.  Every person or his or her heirs, assigns or lawful successors referred to in NRS 321.331, who is entitled to any trust lands that may have been purchased by the person or his or her predecessors in interest, from the State of Nevada between March 3, 1887, and July 3, 1997, or who has a separate estate in the minerals, including any gas, coal, oil and oil shales existing in that land, arising from a conveyance or reservation of mineral rights by such an immediate or remote grantee of the State, may bring an action in the district court of this State in and for any county where those lands or any part thereof are located to determine by declaratory judgment of that court whether the State of Nevada has any rights to any minerals therein, including any oil, gas, coal and oil shales and, if possible, the extent thereof, and the State of Nevada hereby consents to the bringing of any such action.

      2.  Service of process on the State of Nevada in any such action may be secured by serving a copy of the complaint, together with a copy of the summons, on the Attorney General of the State of Nevada.

      3.  If an action is brought pursuant to this section by the holder of a separate mineral estate, the holder shall give notice of the bringing of the action, by registered or certified mail, to every record owner of the fee in any lands which are the subject of the action, but is not required to join any such owner as a party to the action. The notice must:

      (a) Be given within 5 days after the date of the filing of the complaint;

      (b) Identify the land of the owner which is affected; and

      (c) State the case number and court in which the action is brought.

      (Added to NRS by 1963, 98; A 1975, 613; 1997, 967)

      NRS 321.333  Option of plaintiff to purchase interest of State in minerals.

      1.  If in an action authorized by NRS 321.332 it is determined that the State of Nevada has any interest in any minerals in the lands which are the subject of the action, except the royalty provided for in NRS 321.300, any person or his or her heirs, assigns or lawful successors bringing the action as plaintiff has the option for 1 year after the entry of final judgment in that action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in those lands, except the royalty authorized by NRS 321.300, at the fair market value of the mineral interest as determined by the Division.

      2.  If the option is exercised, payment for that mineral interest must be made to the State Land Registrar in cash within the period of the option and deposited in the fund which was the original beneficiary of those lands, and the State Land Registrar shall, upon the payment of the option price, deliver to the purchaser a deed from the State of Nevada conveying all of the State’s interest in the minerals in the lands involved in that action, except the royalty provided for in NRS 321.300.

      (Added to NRS by 1963, 98; A 1975, 99; 1997, 968; 1999, 168)

SALES AFTER APRIL 1, 1957

      NRS 321.335  Procedure.

      1.  Except as otherwise provided in NRS 321.008, 321.125, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, or a lease of residential property with a term of 1 year or less, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, the State Land Registrar may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

      3.  Before offering any land for sale or lease, the State Land Registrar shall comply with the provisions of NRS 321.007.

      4.  After complying with the provisions of NRS 321.007, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as the State Land Registrar deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold or leased;

      (b) A statement of the terms of sale or lease;

      (c) A statement that the land will be sold pursuant to subsection 6; and

      (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.

      6.  At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.

      7.  The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Land Registrar deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the State to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      8.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      9.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

      10.  The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      11.  If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must, as applicable, obtain a new appraisal or new appraisals of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

      (Added to NRS by 1957, 534; A 1959, 489; 1961, 717; 1965, 56; 1966, 1; 1975, 99; 1979, 166, 1792; 1981, 178; 1989, 510; 1997, 968, 2980; 2005, 1455, 2680; 2007, 2000, 2825; 2013, 2687)

RESERVATIONS

      NRS 321.339  State Land Registrar may withhold land from sale.  Notwithstanding any other provision of law, the State Land Registrar may withhold from sale any land to which the State has acquired title by any means if those lands are required for the use of any State department, agency or institution or are specifically reserved by the State for future use or sale or whenever the State Land Registrar deems that the public interest so requires.

      (Added to NRS by 1957, 534; A 1961, 718; 1975, 101; 1997, 969)

      NRS 321.355  Rights-of-way reserved to State for public access to other land open for public use.

      1.  Before any state land may be leased, exchanged, sold or contracted for sale, the State Land Registrar, in consultation with the Department of Transportation and with counties and local governments, shall designate any existing routes over the land which the State Land Registrar determines to be necessary for public access to any other land that is open to public use. If such a route is designated, the land must be conveyed with a right-of-way and all rights of access and abutter’s rights for the route reserved in the name of the State of Nevada. Any right-of-way reserved pursuant to this subsection may, when necessary as determined by the State Land Registrar and otherwise approved as required by law, be used by a public utility pursuant to the requirements set forth in NRS 322.050 and 322.060.

      2.  After the land or interest in the land is conveyed, if the route is determined by the State Land Registrar, in consultation with the Department of Transportation and with counties and local governments, to be no longer necessary for public access to other land which is open to public use, the State Land Registrar shall, subject to the provisions of subsections 3 and 4, release the right, title and interest of the State in and to the right-of-way to the purchaser or lessee of the land, his or her assigns or successors in interest.

      3.  Before releasing the state’s interest in the right-of-way, the State Land Registrar shall cause to be published in a newspaper of general circulation in the county where the right-of-way is located a notice of intent to release that interest. The notice must be published at least 30 days before the proposed date for the release and must contain:

      (a) A description of the location of the right-of-way;

      (b) The date upon which the release is to be effective; and

      (c) The mailing address of the State Land Registrar to which persons may send protests against the proposed release.

      4.  The State Land Registrar may, or upon the receipt of a written protest against the proposed release shall, hold a public hearing. The hearing must be:

      (a) Held in the county in which the right-of-way is located; and

      (b) Advertised at least 30 days before the date of the hearing in a newspaper of general circulation in the county where the right-of-way is located.

      (Added to NRS by 1981, 339; A 1995, 642; 1997, 969; 2011, 2477)

SALE OF TIMBER

      NRS 321.385  Sale by State Land Registrar.  The State Land Registrar, after consultation with the Division of Forestry of the State Department of Conservation and Natural Resources, may:

      1.  Sell timber from any land owned by the State of Nevada which is not assigned to the Department of Wildlife.

      2.  At the request of the Director of the Department of Wildlife, sell timber from any land owned by the State of Nevada which is assigned to the Department of Wildlife. Revenues from the sale of such timber must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

      (Added to NRS by 1979, 905; A 1993, 1556; 2003, 1560; 2011, 3154)

LINCOLN COUNTY PILOT LAND DEVELOPMENT AND DISPOSAL LAW

      NRS 321.540  Short title.  NRS 321.540 to 321.590, inclusive, may be cited as the Lincoln County Pilot Land Development and Disposal Law.

      (Added to NRS by 1959, 623)

      NRS 321.550  “Department” defined.  As used in NRS 321.540 to 321.590, inclusive, unless the context otherwise requires, “Department” means the State Department of Conservation and Natural Resources.

      (Added to NRS by 1959, 623)

      NRS 321.560  Acquisition of lands by State Department of Conservation and Natural Resources authorized.  The Department may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of any available land in Lincoln County, Nevada, at intervals during any period when such purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.

      (Added to NRS by 1959, 623)

      NRS 321.570  Powers of State Department of Conservation and Natural Resources concerning development of Lincoln County lands; sale of lands.  The Department may, with the advice of the Board of County Commissioners of Lincoln County, undertake such engineering and planning studies and such other action as may be necessary for the development of the lands in Lincoln County, and shall sell and dispose of lands in Lincoln County in accordance with the plans and procedures of the Department.

      (Added to NRS by 1959, 624)

      NRS 321.580  Lincoln County Pilot Land Development and Disposal Fund: Creation; use.

      1.  There is hereby created in the State Treasury, for the use of the Department in carrying out the provisions of NRS 321.540 to 321.590, inclusive, a fund to be known as the Lincoln County Pilot Land Development and Disposal Fund.

      2.  Moneys in the Lincoln County Pilot Land Development and Disposal Fund shall be paid out on claims against such Fund as other claims against the State are paid, after such claims have been approved by the Department.

      (Added to NRS by 1959, 624)

      NRS 321.590  Lincoln County Pilot Land Development and Disposal Fund: Receipts to be credited; reimbursement of State General Fund.

      1.  Any moneys received by the Department in connection with the development or disposition of any lands described in NRS 321.560 shall be deposited forthwith in the State Treasury to the credit of the Lincoln County Pilot Land Development and Disposal Fund.

      2.  Immediately following such a deposit, the State Controller and the State Treasurer shall transfer the amount of such deposit to the General Fund until such time as such transfers have resulted in complete reimbursement to the General Fund for all moneys theretofore appropriated from the General Fund to the Lincoln County Pilot Land Development and Disposal Fund.

      (Added to NRS by 1959, 624)

SAGEBRUSH ECOSYSTEMS

      NRS 321.592  Division authorized to establish and carry out programs to preserve, restore and enhance sagebrush ecosystems.  Except as otherwise provided in NRS 321.594, the Division may establish and carry out programs to preserve, restore and enhance sagebrush ecosystems on public land in this State, and on privately owned land in this State with the consent of the owner of the land.

      (Added to NRS by 2013, 3382)

      NRS 321.594  Powers and duties of Administrator and Division regarding programs to improve sagebrush ecosystems; Division authorized to make certain grants and enter into certain contracts and agreements; regulations.

      1.  The Administrator of the Division shall coordinate the establishment and carrying out of a program of projects to improve sagebrush ecosystems in this State. The Division shall cooperate, without limitation, with:

      (a) The Department of Wildlife;

      (b) The State Department of Agriculture; and

      (c) The Division of Forestry of the State Department of Conservation and Natural Resources.

      2.  In carrying out the program described in subsection 1, the Division, on behalf of the Director of the State Department of Conservation and Natural Resources, shall:

      (a) Oversee and administer a program to mitigate damage to sagebrush ecosystems through a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations who take measures to protect, enhance or restore sagebrush ecosystems established by the Sagebrush Ecosystem Council created by NRS 232.162;

      (b) Identify and, if necessary, prioritize any projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of any nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;

      (c) Coordinate activities with federal agencies;

      (d) If requested, consult with persons proposing to conduct activities in any area which includes any habitat of the greater sage grouse (Centrocercus urophasianus) to suggest measures to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem;

      (e) Solicit grants and private contributions for projects to improve sagebrush ecosystems; and

      (f) On or before August 1 of each year, submit a report to the Sagebrush Ecosystem Council created by NRS 232.162. The report must include, without limitation:

             (1) A description of each project conducted or planned to be conducted pursuant to the program described in subsection 1, including the cost, source of funding and, for projects that have been carried out, the results of the project;

             (2) A description of any agreement between the Division and any person, federal or state agency, local government or nonprofit organization, including the purpose and provisions of the agreement;

             (3) A list of all grants and private contributions solicited and all grants awarded to further the purposes of the program;

             (4) A description of any significant activities conducted in any area which includes habitat of the greater sage grouse and all measures adopted to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem; and

             (5) Any other information specified by the Division or requested by the Council.

      3.  The Division may:

      (a) Enter into any agreement with a person, federal or state agency, local government or nonprofit organization to further the preservation, restoration and enhancement of sagebrush ecosystems on public land or on privately owned land with the consent of the owner of the land;

      (b) In accordance with subsection 3 of NRS 321.001, acquire and hold land and any interest in land or water required to carry out the program described in subsection 1;

      (c) Sell or lease land and any interest in land or water that the Division determines is no longer necessary to carry out the program described in subsection 1;

      (d) Within the limits of available money, award grants of money to other state agencies, local governments and nonprofit organizations to carry out the program described in subsection 1;

      (e) Adopt any regulations to carry out the provisions of this section; and

      (f) Conduct any other activities specified by the Division to carry out the program described in subsection 1.

      4.  The proceeds from the sale or lease of land or of any interest in land or water pursuant to paragraph (c) of subsection 3 must be deposited in the Account to Restore the Sagebrush Ecosystem created by NRS 232.161.

      (Added to NRS by 2013, 3382)

LAKE TAHOE

Boundary of Lake

      NRS 321.595  Boundary between bed of Lake Tahoe and adjacent lands.  The boundary between the bed of Lake Tahoe, owned by the State of Nevada in its sovereign capacity, and adjacent lands owned by others or by the State in any other capacity, is established as a line whose elevation is 6,223 feet, Lake Tahoe datum.

      (Added to NRS by 1977, 1124; A 1979, 283)

Protection of Lake Tahoe Basin

      NRS 321.5951  Account for License Plates for Support of Preservation and Restoration of Natural Environment of Lake Tahoe Basin.

      1.  The Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin is hereby created in the State General Fund. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      3.  The money in the Account must be used only for the support of programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin and must not be used to replace or supplant funding available from other sources. The Administrator may provide grants from the Account to other public agencies to carry out the provisions of this section.

      (Added to NRS by 1997, 137)—(Substituted in revision for NRS 321.5955)

      NRS 321.5952  Declaration of legislative intent. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]  The Legislature hereby finds and declares that:

      1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

      2.  Certain of the unique environmental and ecological conditions exhibited within the Lake Tahoe Basin, such as the clarity of the water in Lake Tahoe, are diminishing at an alarming rate.

      3.  This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin.

      4.  The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin 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 grant to the Division continuing authority to carry out programs to preserve, protect, restore and enhance the natural environment of the Lake Tahoe Basin.

      6.  The powers and duties set forth in NRS 321.5952 to 321.5957, inclusive, are intended to be exercised by the Division in a manner that complements and does not duplicate the activities of the Tahoe Regional Planning Agency.

      (Added to NRS by 1999, 2017)

      NRS 321.5952  Declaration of legislative intent. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  The Legislature hereby finds and declares that:

      1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

      2.  Certain of the unique environmental and ecological conditions exhibited within the Lake Tahoe Basin, such as the clarity of the water in Lake Tahoe, are diminishing at an alarming rate.

      3.  This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin.

      4.  The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin 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 grant to the Division continuing authority to carry out programs to preserve, protect, restore and enhance the natural environment of the Lake Tahoe Basin.

      6.  The powers and duties set forth in NRS 321.5952 to 321.5957, inclusive, are intended to be exercised by the Division in a manner that complements and does not duplicate the activities of the Nevada Tahoe Regional Planning Agency.

      (Added to NRS by 1999, 2017; A 2011, 3734; 2013, 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirement set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)

      NRS 321.5953  Division authorized to establish and carry out programs to preserve, restore and enhance Lake Tahoe Basin.  The Division may establish and carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property.

      (Added to NRS by 1999, 2018)

      NRS 321.5954  Powers and duties of Division and State Land Registrar regarding programs to preserve, restore and enhance Lake Tahoe Basin.

      1.  In carrying out a program authorized pursuant to NRS 321.5953, the Division may, as the State Land Registrar deems appropriate regarding particular parcels of land:

      (a) Acquire, from a willing owner, real property or an interest in real property in the Lake Tahoe Basin by donation, purchase or exchange;

      (b) Transfer real property or an interest in real property in the Lake Tahoe Basin by sale, lease or exchange;

      (c) Eliminate, or mitigate the effects of, development, land coverage or features or conditions of real property acquired pursuant to paragraph (a) that are detrimental to the natural environment of the Lake Tahoe Basin; and

      (d) Retire, extinguish or otherwise terminate rights to develop or place land coverage on real property acquired pursuant to paragraph (a).

      2.  The State Land Registrar may transfer real property or an interest in real property acquired pursuant to this section:

      (a) To state and federal agencies, local governments and nonprofit organizations for such consideration as the State Land Registrar deems to be reasonable and in the interest of the general public.

      (b) To other persons for a price that is not less than the fair market value of the real property or interest.

      3.  Before real property or an interest in real property is transferred pursuant to this section, the State Land Registrar shall record a declaration of restrictions or deed restrictions if the State Land Registrar determines that such restrictions are necessary to protect the public interest.

      4.  The State Land Registrar shall report quarterly to the State Board of Examiners regarding the real property or interests in real property transferred pursuant to this section.

      5.  Notwithstanding any other provision of law, a person shall not acquire, disturb or use real property or an interest in real property acquired by this State pursuant to this section unless the person first obtains written authorization from the State Land Registrar.

      6.  As used in this section:

      (a) “Interest in real property” includes, without limitation:

             (1) An easement for conservation as that term is defined in NRS 111.410;

             (2) The right to develop the real property;

             (3) The right to place land coverage on the real property; and

             (4) Such other easements or rights as are appurtenant to the real property.

      (b) “Land coverage” means a covering over or compaction of the natural surface of the ground that prevents water from percolating into the ground.

      (Added to NRS by 1999, 2018)

      NRS 321.5956  Division authorized to enter into certain agreements; State Land Registrar authorized to make certain grants and enter into certain contracts and agreements.  In carrying out the provisions of NRS 321.5952 to 321.5957, inclusive:

      1.  The Division may, as the State Land Registrar deems appropriate, cooperate and enter into agreements with state and federal agencies, local governments, nonprofit organizations and other persons or entities to carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property.

      2.  The State Land Registrar may, within the limits of available money, make grants to other state agencies, local governments and nonprofit organizations formed for educational or charitable purposes. A local government that receives grant money pursuant to this subsection may, with the approval of the State Land Registrar, enter into a contract or other agreement with another local government, a nonprofit organization or another person or entity pursuant to which the local government disburses the grant money to the other local government, nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin.

      3.  The State Land Registrar may, within the limits of available money, enter into a contract or other agreement with a nonprofit organization that is not formed for educational or charitable purposes or another person or entity to pay the reasonable costs incurred by the nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin. In entering such a contract or agreement, the State Land Registrar shall ensure that:

      (a) Public money is only expended for public purposes; and

      (b) The public interest is protected adequately.

      (Added to NRS by 1999, 2019; A 2001, 367)

      NRS 321.5957  Regulations.  The State Land Registrar may adopt regulations as the State Land Registrar deems necessary to carry out the provisions of NRS 321.5952 to 321.5957, inclusive.

      (Added to NRS by 1999, 2019)

MANAGEMENT OF CERTAIN PUBLIC LANDS

      NRS 321.596  Legislative findings.  The Legislature finds that:

      1.  The State of Nevada has a strong moral claim upon the public land retained by the Federal Government within Nevada’s borders because:

      (a) On October 31, 1864, the Territory of Nevada was admitted to statehood on the condition that it forever disclaim all right and title to unappropriated public land within its boundaries;

      (b) From 1850 to 1894, newly admitted states received 2 sections of each township for the benefit of common schools, which in Nevada amounted to 3.9 million acres;

      (c) In 1880 Nevada agreed to exchange its 3.9-million-acre school grant for 2 million acres of its own selection from public land in Nevada held by the Federal Government;

      (d) At the time the exchange was deemed necessary because of an immediate need for public school revenues and because the majority of the original federal land grant for common schools remained unsurveyed and unsold;

      (e) Unlike certain other states, such as New Mexico, Nevada received no land grants from the Federal Government when Nevada was a territory;

      (f) Nevada received no land grants for insane asylums, schools of mines, schools for the blind and deaf and dumb, normal schools, miners’ hospitals or a governor’s residence as did states such as New Mexico; and

      (g) Nevada thus received the least amount of land, 2,572,478 acres, and the smallest percentage of its total area, 3.9 percent, of the land grant states in the Far West admitted after 1864, while states of comparable location and soil, namely Arizona, New Mexico and Utah, received approximately 11 percent of their total area in federal land grants.

      2.  The State of Nevada has a legal claim to the public land retained by the Federal Government within Nevada’s borders because:

      (a) In the case of the State of Alabama, a renunciation of any claim to unappropriated lands similar to that contained in the ordinance adopted by the Nevada constitutional convention was held by the Supreme Court of the United States to be “void and inoperative” because it denied to Alabama “an equal footing with the original states” in Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845);

      (b) The State of Texas, when admitted to the Union in 1845, retained ownership of all unappropriated land within its borders, setting a further precedent which inured to the benefit of all states admitted later “on an equal footing”; and

      (c) The Northwest Ordinance of 1787, adopted into the Constitution of the United States by the reference of Article VI to prior engagements of the Confederation, first proclaimed the “equal footing” doctrine, and the Treaty of Guadalupe Hidalgo, by which the territory including Nevada was acquired from Mexico and which is “the supreme law of the land” by virtue of Article VI, affirms it expressly as to the new states to be organized therein.

      3.  The exercise of broader control by the State of Nevada over the public lands within its borders would be of great public benefit because:

      (a) Federal holdings in the State of Nevada constitute 86.7 percent of the area of the State, and in Esmeralda, Lincoln, Mineral, Nye and White Pine counties the Federal Government controls from 97 to 99 percent of the land;

      (b) Federal jurisdiction over the public domain is shared among 17 federal agencies or departments which adds to problems of proper management of land and disrupts the normal relationship between a state, its residents and its property;

      (c) None of the federal lands in Nevada are taxable and Federal Government activities are extensive and create a tax burden for the private property owners of Nevada who must meet the needs of children of Federal Government employees, as well as provide other public services;

      (d) Under general land laws only 2.1 percent of federal lands in Nevada have moved from federal control to private ownership;

      (e) Federal administration of the retained public lands, which are vital to the livestock and mining industries of the State and essential to meet the recreational and other various uses of its citizens, has been of uneven quality and sometimes arbitrary and capricious; and

      (f) Federal administration of the retained public lands has not been consistent with the public interest of the people of Nevada because the Federal Government has used those lands for armament and nuclear testing thereby rendering many parts of the land unusable and unsuited for other uses and endangering the public health and welfare.

      4.  The intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states.

      5.  The attempted imposition upon the State of Nevada by the Congress of the United States of a requirement in the enabling act that Nevada “disclaim all right and title to the unappropriated public lands lying within said territory,” as a condition precedent to acceptance of Nevada into the Union, was an act beyond the power of the Congress of the United States and is thus void.

      6.  The purported right of ownership and control of the public lands within the State of Nevada by the United States is without foundation and violates the clear intent of the Constitution of the United States.

      7.  The exercise of such dominion and control of the public lands within the State of Nevada by the United States works a severe, continuous and debilitating hardship upon the people of the State of Nevada.

      (Added to NRS by 1979, 1362)

      NRS 321.5963  Definitions.  As used in NRS 321.596 to 321.599, inclusive, unless the context otherwise requires:

      1.  “Division” means the Division of State Lands of the State Department of Conservation and Natural Resources.

      2.  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges or which are lands acquired by purchase consented to by the Legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

      (Added to NRS by 1979, 1364; A 1993, 389)

      NRS 321.5967  Board of Review: Creation; composition; Chair; meetings; quorum; compensation; duties and powers.

      1.  There is hereby created a Board of Review composed of:

      (a) The Director of the State Department of Conservation and Natural Resources;

      (b) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

      (c) The Administrator of the Division of Minerals of the Commission on Mineral Resources;

      (d) The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources;

      (e) The State Engineer;

      (f) The State Forester Firewarden;

      (g) The Chair of the State Environmental Commission;

      (h) The Director of the State Department of Agriculture;

      (i) The Chair of the Board of Wildlife Commissioners; and

      (j) The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

      2.  The Chair of the State Environmental Commission serves as Chair of the Board.

      3.  The Board shall meet at such times and places as are specified by a call of the Chair. Six members of the Board constitute a quorum. The affirmative vote of a majority of the Board members present is sufficient for any action of the Board.

      4.  Except as otherwise provided in this subsection, the members of the Board serve without compensation. The Chair of the State Environmental Commission and the Chair of the Board of Wildlife Commissioners are entitled to receive a salary of not more than $80, as fixed by the Board, for each day’s attendance at a meeting of the Board.

      5.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  The Board:

      (a) Shall review and approve or disapprove all regulations proposed by the State Land Registrar pursuant to NRS 321.597.

      (b) May review any decision of the State Land Registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

      (c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the State Land Use Planning Agency.

      (Added to NRS by 1979, 1364; A 1981, 323, 1979; 1983, 1882, 2088; 1985, 414; 1989, 1711; 1993, 1557; 1999, 3622; 2001, 938; 2011, 2954)

      NRS 321.597  Division to hold and manage public lands; regulations; employment of personnel.

      1.  The Division shall hold the public lands of the State in trust for the benefit of the people of the State and shall manage them in an orderly and beneficial manner consistent with the public policy declared in NRS 321.5977.

      2.  The State Land Registrar may with the approval of the Board of Review adopt regulations necessary to manage the public lands in an orderly and beneficial manner and to carry out the provisions of NRS 321.596 to 321.599, inclusive, and the public trust created in those sections.

      3.  Except as provided in this subsection, the State Land Registrar may contract for or employ such professional and clerical personnel as are needed to carry out the functions of the State Land Registrar. Any contract for professional services must be approved by the State Board of Examiners and any money necessary to compensate those persons must be approved for expenditure by the Legislature or the Interim Finance Committee.

      (Added to NRS by 1979, 1365)

      NRS 321.5973  Public lands and minerals are property of State; rights and privileges under federal laws to be preserved; administration of land to conform with treaties and compacts.

      1.  Subject to existing rights, all public lands in Nevada and all minerals not previously appropriated are the property of the State of Nevada and subject to its jurisdiction and control.

      2.  Until equivalent measures are enacted by the State of Nevada, the rights and privileges of the people of the State of Nevada under the National Forest Reserve Transfer Act (16 U.S.C. §§ 471 et seq.), the General Mining Laws (30 U.S.C. §§ 21 et seq.), the Homestead Act (43 U.S.C. §§ 161 et seq.), the Taylor Grazing Act (43 U.S.C. §§ 315 et seq.), the Desert Land Act (43 U.S.C. §§ 321 et seq.), the Carey Act (43 U.S.C. §§ 641 et seq.) and the Public Rangelands Improvement Act (43 U.S.C. §§ 1901 et seq.) and all rights-of-way and easements for public utilities must be preserved under administration by the State.

      3.  Public lands in Nevada which have been administered by the United States under international treaties or interstate compacts must continue to be administered by the State in conformance with those treaties or compacts.

      (Added to NRS by 1979, 1365)

      NRS 321.5977  Objectives in administering public lands.  The public lands of Nevada must be administered in such a manner as to conserve and preserve natural resources, wildlife habitat, wilderness areas, historical sites and artifacts, prehistoric sites and artifacts, paleontological resources and to permit the development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people of Nevada.

      (Added to NRS by 1979, 1365; A 1981, 323)

      NRS 321.598  Disposal of public lands: Legislative authorization required; State Land Registrar may dispose of lands to same extent and in same manner as Federal Government; deposit of proceeds.

      1.  Except as provided in subsection 2, no sale, conveyance or other disposal of the public lands may be permitted or authorized by the State Land Registrar, unless specifically authorized by an act of the Legislature enacted after July 1, 1979.

      2.  To the extent that the public lands may be conveyed, leased, permitted, or licensed by the Federal Government or any of its agencies, the State Land Registrar is hereby authorized to convey, lease, license or permit the use of public lands to the same extent or in the same manner as those lands are conveyed, leased, licensed or permitted to be used by the Federal Government or any of its agencies.

      3.  All proceeds of fees, rents, royalties or other money paid to the State under NRS 321.596 to 321.599, inclusive, must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 1979, 1365)

      NRS 321.5983  Unauthorized disposal of public lands void; State authorization required for use, management or disposal of public lands; injunctions; action to recover consideration received from unlawful disposition of public land.

      1.  Except as it is authorized pursuant to NRS 321.5973 or except as it may be authorized by the State Land Registrar pursuant to any authority conferred upon the State Land Registrar by law, any sale, lease, exchange, encumbrance or other disposal of any parcel of or any interest in the public lands is void.

      2.  Any person who intends to perform or who actually carries out any act with respect to the use, management or disposal of any of the public lands under color of any statute, ordinance, regulation, custom or usage of the United States or otherwise, shall obtain written authorization from the State Land Registrar approving or confirming any such act, which authorization shall be given only to the extent it is authorized under the laws of this State.

      3.  Any person who does not obtain written authorization from the State Land Registrar as required by subsection 2 may be enjoined by the State Land Registrar from attempting to perform or continuing to carry out any act respecting the use, management or disposal of any of the public lands in any court of competent jurisdiction of this State within whose jurisdiction any of the affected public lands are located or the person resides.

      4.  Any person who receives any money or other consideration for any purported sale or other disposition of any public land which was made contrary to the provisions of NRS 321.596 to 321.599, inclusive, is liable to the State for that money or for the value of any other consideration. The money may be recovered in an action brought by the State Land Registrar in a court of competent jurisdiction of this State within whose jurisdiction any of the affected public lands are located or the person resides.

      (Added to NRS by 1979, 1366)

      NRS 321.5987  Procedure for appealing decision of State Land Registrar to Board of Review; hearing.

      1.  Any person who is aggrieved by a decision of the State Land Registrar made pursuant to NRS 321.596 to 321.599, inclusive, may appeal by letter to the Board of Review within 30 days after the date of the decision from which the appeal is taken. The letter must set out:

      (a) The decision from which the appeal is taken;

      (b) Legal grounds for the contention of the appellant that the decision exceeds the authority of the State Land Registrar; and

      (c) Facts to support the contention,

Ê with sufficient particularity to permit the State Land Registrar to prepare for a hearing.

      2.  Upon receiving the letter, the Board may:

      (a) Dismiss the appeal if it appears from the letter to lack any merit; or

      (b) Set a date for a hearing of the appeal which must be not less than 15 days nor more than 45 days after the date on which the Board receives the letter. The Board shall notify the State Land Registrar and the appellant of the date, time and place of the hearing.

      3.  Any hearing held by the Board must be informal.

      4.  The State Land Registrar or a representative of the State Land Registrar shall present at the hearing the facts considered in reaching his or her decision. The appellant or a representative of the appellant may present matters in support of his or her contention that the State Land Registrar’s decision exceeds the authority of the State Land Registrar.

      5.  If the appellant does not appear in person or by representative, the Board may consider the matters set forth in the letter of appeal and may dismiss the appeal or take any other action which it finds to be reasonable and proper.

      6.  The Board shall issue its order as soon as practicable after conducting the hearing. The order of the Board is a final decision in a contested case.

      (Added to NRS by 1979, 1366)

      NRS 321.599  Enforcement of NRS 321.596 to 321.599, inclusive, by Attorney General.  The Attorney General may initiate or defend any action commenced in any court to carry out or enforce the provisions of NRS 321.596 to 321.599, inclusive, or seek any appropriate judicial relief to protect the interests of the State or the people of the State in the public lands. The right to enforce the provisions of NRS 321.596 to 321.599, inclusive, vests exclusively in the Attorney General.

      (Added to NRS by 1979, 1367)

PUBLIC LAND TRUST FUND

      NRS 321.601  Creation; payments to local governments in lieu of taxes on public lands. [Effective on date State obtains unreserved, unappropriated public lands in Nevada pursuant to federal law.]

      1.  There is hereby created in the State Treasury the Public Land Trust Fund. All money appropriated for the purpose of making payments to local governments in lieu of taxes on public lands must be deposited by the State Land Registrar in the State Treasury for credit to the Public Land Trust Fund. If the State obtains title to, trusteeship over or management of more than one-fifth of the public lands in Nevada, upon approval of the Interim Finance Committee the State Land Registrar shall pay out of that Trust Fund in each fiscal year to each local government in Nevada an amount equal to or more than the payment the local government received in lieu of taxes on federal lands pursuant to 31 U.S.C. §§ 1601 et seq., in the most recent fiscal year, less the payment in lieu of taxes which the local government is entitled to receive from the Federal Government in the next fiscal year after the State obtains those lands.

      2.  If the local governments receive reduced payments in lieu of taxes from the Federal Government during a portion of a fiscal year because of the State’s obtaining those lands, the payments provided for in subsection 1 must be prorated for that portion of the fiscal year in which the payments from the Federal Government are reduced.

      3.  Payments from the Trust Fund must be made as other claims against the State are paid.

      (Added to NRS by 1981, 1574, effective on date State obtains unreserved, unappropriated public lands in Nevada pursuant to federal law)

LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC AND RECREATIONAL PURPOSES

      NRS 321.605  Declaration of legislative intent.  The intent of the Legislature in the enactment of this section and NRS 321.610 is to provide an orderly procedure for the processing of applications by the State, its agencies and political subdivisions for lease or purchase of public lands pursuant to the provisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended, and to aid the applicant and the Bureau of Land Management by requiring the State Land Registrar to examine the propriety and correctness of the applications submitted to the State Land Registrar pursuant to subsections 1 and 5 of NRS 321.610 before the applications are filed with the Bureau of Land Management.

      (Added to NRS by 1960, 113; A 1975, 102; 1997, 970)

      NRS 321.610  Applications for lease or purchase by State and political subdivisions submitted to State Land Registrar: Duties of State Land Registrar.

      1.  All applications to the Bureau of Land Management by the State filed on behalf of a state agency except:

      (a) The Department of Transportation;

      (b) The Nevada System of Higher Education; or

      (c) The Legislature,

Ê to lease or purchase lands pursuant to the provisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended, must be submitted to the State Land Registrar for approval.

      2.  The State Land Registrar shall:

      (a) Examine those applications and determine whether they are in proper form, contain the required information and are accompanied by the required fees;

      (b) Determine from the records of the Bureau of Land Management whether the lands to be leased or purchased are subject to disposition pursuant to the Act; and

      (c) File each application the State Land Registrar approves with the Bureau of Land Management.

      3.  If the State Land Registrar denies an application submitted pursuant to subsection 1, the State Land Registrar shall mail a written notice of the denial to the state agency within 7 days after the application is denied. The notice must include a statement that sets forth:

      (a) The reason the application was denied; and

      (b) Any conditions that the state agency must satisfy before the State Land Registrar will approve the application.

      4.  If the state agency satisfies the conditions set forth in the notice, the State Land Registrar shall approve the application and file it with the Bureau of Land Management.

      5.  The Department of Transportation, the Nevada System of Higher Education, the Legislature or a political subdivision of the State may request the assistance of the State Land Registrar in filing an application with the Bureau of Land Management to lease or purchase lands pursuant to the provisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended. The State Land Registrar shall provide the assistance requested, including, but not limited to, an examination of any application submitted to the State Land Registrar for his or her review. The State Land Registrar shall, upon the completion of the examination, return the application to the Department of Transportation, the Nevada System of Higher Education, the Legislature or the political subdivision for filing with the Bureau of Land Management.

      (Added to NRS by 1960, 113; A 1975, 102; 1997, 970)

STATE PLANNING OF USE OF LAND

General Provisions

      NRS 321.640  Legislative findings and declaration.  The Legislature hereby finds and declares that:

      1.  It is in the public interest to place the primary authority for the planning process with the local governments, which are closest to the people;

      2.  Unregulated growth and development of the State will result in harm to the public safety, health, comfort, convenience, resources and general welfare;

      3.  The cities of the State have a responsibility for guiding the development of areas within their respective boundaries for the common good, and the counties have similar responsibilities with respect to their unincorporated areas;

      4.  City, county, regional and other planning must be done in harmony to ensure the orderly growth and preservation of the State; and

      5.  State participation in land use planning should be limited to coordination of information and data, the acquisition and use of federal lands within the State, providing land use planning assistance in areas of critical environmental concern when directed by the Governor or requested by local governments, and providing assistance in resolving inconsistencies between the land use plans of local governmental entities when requested to do so by one of the entities.

      (Added to NRS by 1973, 816; A 1977, 1553; 1979, 151; 1989, 1672)

      NRS 321.655  Definitions.  As used in NRS 321.640 to 321.770, inclusive:

      1.  “Administrator” means the executive head of the Division.

      2.  “Area of critical environmental concern” means any area in this State where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.

      3.  “Planning agency” means:

      (a) The planning commission for the city in which the land is entirely located; or

      (b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe Regional Planning Agency, within whose jurisdiction the land is located.

      4.  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

      (Added to NRS by 1975, 102; A 1977, 1554; 1981, 922; 1993, 389; 1997, 971; 1999, 1376)

State Land Use Planning Agency

      NRS 321.700  Creation.  In addition to any other functions assigned to it by law, the Division is hereby designated as the State Land Use Planning Agency for the purpose of carrying out the provisions of NRS 321.640 to 321.770, inclusive, and fulfilling any land use planning requirements arising under federal law.

      (Added to NRS by 1973, 817; A 1975, 103; 1977, 1554; 1997, 972)

      NRS 321.710  Administration; activities which have priority; personnel.

      1.  The Administrator shall administer the activities of the State Land Use Planning Agency. The Administrator has authority and responsibility for the development and distribution of information useful to land use planning.

      2.  The activities of the State Land Use Planning Agency which have priority are:

      (a) Provision of technical assistance in areas where such assistance is requested;

      (b) Activities relating to federal lands in this State; and

      (c) Investigation and review of proposals for designation of areas of critical environmental concern and the development of standards and plans therefor.

      3.  In addition to the assistant provided by subsection 3 of NRS 321.010 the Administrator may appoint, subject to the availability of money, such professional, technical, administrative, clerical and other persons as the Administrator may require for assistance in performing his or her land use planning duties.

      (Added to NRS by 1973, 817; A 1975, 103; 1977, 1037, 1127, 1554)

      NRS 321.720  Duties of Administrator concerning local governments.  The Administrator shall develop and make available to cities and counties information useful to land use planning, including:

      1.  Preparation and continuing revision of a statewide inventory of the land and natural resources of the State;

      2.  Compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;

      3.  Projections of the nature and quantity of land needed and suitable for:

      (a) Recreation and esthetic appreciation;

      (b) Conservation and preservation of natural resources, agriculture, mineral development and forestry;

      (c) Industry and commerce, including the development, generation and transmission of energy;

      (d) Transportation;

      (e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which possess a narrow economic base;

      (f) Rural development, taking into consideration future demands for and limitations upon products of the land; and

      (g) Health, educational, and other state and local governmental services;

      4.  Preparation and continuing revision of an inventory of environmental, geological and physical conditions, including types of soil, which influence the desirability of various uses of land;

      5.  Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the acquisition and use of federal lands within the State;

      6.  Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the State and of state and local programs and activities which have a land use impact of more than local concern;

      7.  Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;

      8.  Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports and soliciting of comments on reports concerning information useful to land use planning;

      9.  Coordination of planning for state and local acquisition and use of federal lands within the State, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal;

      10.  Provision of assistance to counties to develop programs to increase the responsibility of local governments for the management of lands in the State of Nevada that are under federal management; and

      11.  Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.

      (Added to NRS by 1973, 817; A 1975, 103; 1977, 1554; 1989, 1672; 1997, 1031)

      NRS 321.735  Powers and duties concerning federal lands; action by certain cities and counties not precluded.

      1.  The State Land Use Planning Agency may represent the interests of the State, its local or regional entities, or its citizens as these interests are affected by policies and activities involving the use of federal land.

      2.  The provisions of this section do not preclude a city or county whose governing body has adopted a master plan pursuant to NRS 278.220 from representing its own interests in accordance with NRS 278.243.

      (Added to NRS by 1977, 1128, 1553; A 1983, 1883; 1999, 1422)

      NRS 321.7353  Notice of federal acquisition of private land to be provided to affected cities and counties; submission of written comment.

      1.  Upon receipt of a notice of realty action from the United States concerning the purchase by the Federal Government of private land or the exchange of public land for private land, the State Land Use Planning Agency shall give written notice of the proposed action to the governing body of each county or city affected within 1 week after its receipt of the notice.

      2.  The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assessed valuation, to the State Land Use Planning Agency within 30 days after receipt of the notice.

      3.  If the State Land Use Planning Agency elects to submit written comment to the Federal Government upon the realty action, it shall include in its submission any comments it received pursuant to subsection 2.

      (Added to NRS by 1999, 1376)

      NRS 321.7355  Plan or statement of policy concerning lands under federal management.

      1.  The State Land Use Planning Agency shall prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the acquisition and use of lands in the State of Nevada that are under federal management.

      2.  The State Land Use Planning Agency shall, in preparing the plans and statements of policy, identify lands which are suitable for acquisition for:

      (a) Commercial, industrial or residential development;

      (b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or

      (c) Accommodating increases in the population of this State.

Ê The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

      3.  The State Land Use Planning Agency shall:

      (a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;

      (b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council and any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands; and

      (c) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.

      4.  Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or policy statements to the Governor, Legislature or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:

      (a) The Land Use Planning Advisory Council; and

      (b) Any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands.

      5.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.

      (Added to NRS by 1983, 1882; A 1989, 1673; 1995, 643; 1997, 1032, 3251; 2011, 2478; 2013, 1620)

State Consent to Federal Use of Public Land

      NRS 321.736  Hearings and recommendations of local planning agencies.

      1.  Upon receipt of an application by the United States for consent to a use of public land, the State Land Use Planning Agency shall give written notice of the application to the planning agencies of the local governments within 1 week after its receipt of the application.

      2.  Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the land is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.

      3.  Each planning agency shall notify the public by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located. The notice must be published at least 20 days before the date set for the hearing and set forth a description of the land and the use for which consent is sought as stated in the application. The cost of publishing the notice must be borne by the United States or by someone in its behalf.

      4.  Each planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the State Land Use Planning Agency within 15 days after the conclusion of its hearing on the application.

      5.  The application must contain such information and supporting documents as are prescribed in regulations adopted by the State Land Use Planning Agency and approved by the Director of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1981, 921)

      NRS 321.737  Transfer or referral of certain applications to State Engineer.  In considering applications to obtain consent to a use of the public lands, the State Land Use Planning Agency shall transfer the application to the State Engineer for his or her decision or refer it to the State Engineer for technical or engineering advice if the application or use affects water rights, reclamation, flood control or protection of watershed. The water law of this State is the rule of decision in all matters relating to water rights.

      (Added to NRS by 1981, 922)

      NRS 321.738  Hearing and recommendation of State Agency.

      1.  The State Land Use Planning Agency shall hold a hearing on an application for consent to use public land within 45 days after it receives the written recommendation from the planning agencies. The State Agency shall give notice of its hearing as required by law. At its hearing the State Agency shall receive any testimony pertaining to any use of the land which is not repetitive and shall consider the written recommendation of the planning agency.

      2.  The State Agency shall deliver its written recommendation on the application, including the reasons for its recommendation to the Governor within 15 days after the conclusion of its hearing on the application.

      (Added to NRS by 1981, 922)

      NRS 321.739  Grant or denial of consent by Governor.

      1.  The Governor in deciding whether to grant or deny the consent of the State to a use of public land shall:

      (a) Balance the interests of the Federal Government and the State; and

      (b) Not apply standards or impose conditions respecting the use of land which are more restrictive than those generally applicable to other persons or governmental agencies in this State.

      2.  In granting the consent of the State the Governor shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in NRS 328.085.

      3.  Any recommendation of the State Land Use Planning Agency which is not acted on by the Governor within 30 days after receiving it and which is not in conflict with the requirements of this section is automatically approved unless the Governor in a writing which is attached to the application and recommendations defers the decision for a good cause.

      4.  The consent of the Governor to a use of public land must be evidenced by a certificate signed by the Governor and delivered to the United States. A copy of the certificate must also be delivered to the State Land Registrar.

      (Added to NRS by 1981, 922)

Land Use Planning Advisory Council

      NRS 321.740  Creation; appointment, number and expenses of members. [Effective through December 31, 2013.]

      1.  The Land Use Planning Advisory Council, consisting of 17 members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint members who are elected officials or representatives of local political subdivisions, one member from each county.

      3.  Members are entitled to receive the travel expenses and subsistence allowances provided by law for their positions from the local political subdivisions.

      (Added to NRS by 1973, 819; A 1977, 1191, 1478, 1556)

      NRS 321.740  Creation; appointment, number, terms and expenses of members. [Effective January 1, 2014.]

      1.  The Land Use Planning Advisory Council, consisting of 17 voting members appointed by the Governor and 1 nonvoting member appointed by the Nevada Association of Counties, or its successor organization, is hereby created. The provisions of subsection 6 of NRS 232A.020 do not apply to members of the Advisory Council who also serve as county commissioners, and the Governor may appoint any such member of the Advisory Council to one other board, commission or similar body.

      2.  One voting member must be appointed to the Advisory Council to represent each county. At least 30 days before the beginning of any term of the representative of a county, or within 30 days after the position of that representative becomes vacant, the board of county commissioners of that county shall submit to the Governor the name of its nominee or a list of the names of not more than three nominees who are elected officials or other representatives of the county for the position to be filled. If a board of county commissioners submits the names of two or more nominees, the board shall number its nominees in order of preference. That order of preference is not binding upon the Governor. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees.

      3.  If a board of county commissioners fails to submit the name of its nominee or a list of nominees within the time required by this subsection or subsection 2, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county. If a board has timely submitted the name of its nominee or a list of nominees and the Governor fails to appoint a person so nominated:

      (a) If one person has been nominated, that person; or

      (b) If two or more persons have been nominated, the person listed by the board first in order of preference,

Ê shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board in writing that none of its nominees will be appointed to the Advisory Council. Within 30 days after the date of any such notice, the board shall submit to the Governor the name of a new nominee or a list of new nominees.

      4.  After the initial terms, each voting member serves a term of 3 years and is eligible for reappointment to the Advisory Council.

      5.  The nonvoting member of the Advisory Council serves at the pleasure of the Nevada Association of Counties, or its successor organization.

      6.  At its first meeting each year, the Advisory Council shall elect a Chair from among its members.

      7.  A majority of the voting members of the Advisory Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Council.

      8.  A board of county commissioners may provide that, while engaged in the business of the Advisory Council, a voting member of the Advisory Council is entitled to receive from the county he or she represents the per diem allowance and travel expenses provided by law for state officers and employees generally.

      (Added to NRS by 1973, 819; A 1977, 1191, 1478, 1556; 2013, 342, effective January 1, 2014)

      NRS 321.750  Duties.  The Land Use Planning Advisory Council shall:

      1.  Advise the Administrator on the development and distribution to cities and counties of information useful to land use planning.

      2.  Advise the State Land Use Planning Agency regarding the development of plans and statements of policy pursuant to subsection 1 of NRS 321.7355.

      (Added to NRS by 1973, 819; A 1975, 105; 1977, 1556; 1997, 1033)

      NRS 321.755  Executive Council.

      1.  The Executive Council of the Land Use Planning Advisory Council is hereby created to consider and make recommendations for land use planning in areas of critical environmental concern and to resolve inconsistencies between the land use plans of local government entities.

      2.  The Executive Council consists of the Administrator and four persons selected by the Land Use Planning Advisory Council from among its members. Each member of the Executive Council shall serve for 2-year terms.

      (Added to NRS by 1977, 1552; A 1979, 151)

Resolution of Inconsistencies in Local Plans

      NRS 321.761  Technical assistance; submission of matter to Executive Council.

      1.  If an inconsistency in land use plans develops between two or more adjacent or overlapping local government entities which cannot be resolved between them, one or more of them may request the State Land Use Planning Agency to study and assist in resolving the inconsistency.

      2.  Upon receipt of such a request the Administrator shall convene a meeting of all the affected entities and shall provide technical assistance and advice in resolving the inconsistency.

      3.  If, after subsequent meetings over a reasonable period of time as determined by the Administrator, the affected entities cannot resolve the inconsistency, the matter shall be submitted to the Executive Council of the Land Use Planning Advisory Council for a decision.

      (Added to NRS by 1977, 1552)

      NRS 321.763  Duties of State Agency; adoption, enforcement and expiration of plans and regulations.

      1.  When an inconsistency in land use plans is submitted for decision, the Executive Council may direct the staff of the State Land Use Planning Agency to conduct studies, assemble information and prepare proposals for alternative courses of action if necessary.

      2.  The Executive Council shall conduct public hearings in the affected areas before arriving at a decision in the matter.

      3.  In rendering its decision, the Executive Council may sustain the position of one or more of the local government entities involved or prescribe its own land use plan for the area of inconsistency. The Executive Council may adopt land use regulations to carry out its decision.

      4.  All land use plans and regulations adopted by the Executive Council pursuant to this section supersede inconsistent plans and regulations of the affected local government entities, but the local government entities are responsible for enforcing the plans and regulations of the Executive Council.

      5.  In the event of noncompliance with such plans or regulations, any affected local government entity may bring an action to obtain injunctive relief against such noncompliance.

      6.  The Executive Council, upon petition from all of the affected local government entities or on its own motion, may determine the expiration date of the plans and regulations imposed pursuant to this section.

      (Added to NRS by 1977, 1552; A 1979, 152)

Planning for Areas of Critical Environmental Concern

      NRS 321.770  Duties of Administrator and Executive Council.

      1.  The State Land Use Planning Agency shall provide assistance in land use planning for areas of critical environmental concern:

      (a) When the Governor directs that the Agency review and assist in land use planning for an area the Governor finds to be of critical environmental concern.

      (b) When one or more local government entities request that the Agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.

      2.  Upon receipt of a directive or a request pursuant to subsection 1, the Administrator shall study the problems of the area described and meet with the affected local government entities to receive their initial comments and recommendations. The Administrator shall then submit the matter of planning for the area of critical environmental concern to the Executive Council of the Land Use Planning Advisory Council for consideration and recommendation.

      3.  The Executive Council shall include in its procedures one or more public hearings upon notice given by at least one publication at least 20 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.

      4.  Following completion of the hearings and consideration of other information, the Executive Council shall make its final recommendations for land use planning policies in the area of critical environmental concern. The recommendations may include proposed land use regulations to carry out such policies.

      5.  No land use regulation adopted by the Executive Council pursuant to this section may become effective without the approval of the Governor.

      (Added to NRS by 1973, 820; A 1975, 105; 1977, 1556)