Assembly Bill No. 672–Committee on
Constitutional Amendments
March 22, 1999
____________
Referred to Committee on Constitutional Amendments
SUMMARY—Provides additional means to enforce Nevada’s claim to public lands. (BDR 26-1707)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 321 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 and 3 of this act.
1-3 Sec. 2. A person who performs an act with respect to the use,
1-4 management or disposal of any of the public lands in this state, other
1-5 than as an agent of this state, is guilty of a gross misdemeanor.
1-6 Sec. 3. A person aggrieved by a violation of section 2 of this act may
1-7 commence a civil action against the violator to recover damages suffered
1-8 as a proximate result of the violation and is entitled to recover $20,000 or
1-9 treble the amount of his actual damages, whichever is greater, plus his
1-10 costs and reasonable attorney’s fees in the action.
1-11 Sec. 4. NRS 321.596 is hereby amended to read as follows:
1-12 321.596 The legislature finds that:
1-13 1. The State of Nevada has a strong moral claim upon the public land
1-14 retained by the Federal Government within Nevada’s borders because:
1-15 (a) On October 31, 1864, the Territory of Nevada was admitted to
1-16 statehood on the condition that it forever disclaim all right and title to
1-17 unappropriated public land within its boundaries;
2-1 (b) From 1850 to 1894, newly admitted states received 2 sections of
2-2 each township for the benefit of common schools, which in Nevada
2-3 amounted to 3.9 million acres;
2-4 (c) In 1880 Nevada agreed to exchange its 3.9-million-acre school grant
2-5 for 2 million acres of its own selection from public land in Nevada held by
2-6 the Federal Government;
2-7 (d) At the time the exchange was deemed necessary because of an
2-8 immediate need for public school revenues and because the majority of the
2-9 original federal land grant for common schools remained unsurveyed and
2-10 unsold;
2-11 (e) Unlike certain other states, such as New Mexico, Nevada received
2-12 no land grants from the Federal Government when Nevada was a territory;
2-13 (f) Nevada received no land grants for insane asylums, schools of
2-14 mines, schools for the blind and deaf and dumb, normal schools, miners’
2-15 hospitals or a governor’s residence as did states such as New Mexico; and
2-16 (g) Nevada thus received the least amount of land, 2,572,478 acres, and
2-17 the smallest percentage of its total area, 3.9 percent, of the land grant states
2-18 in the Far West admitted after 1864, while states of comparable location
2-19 and soil, namely Arizona, New Mexico and Utah, received approximately
2-20 11 percent of their total area in federal land grants.
2-21 2. The State of Nevada has a legal claim to the public land retained by
2-22 the Federal Government within Nevada’s borders because:
2-23 (a) In the case of the State of Alabama, a renunciation of any claim to
2-24 unappropriated lands similar to that contained in the ordinance adopted by
2-25 the Nevada constitutional convention was held by the Supreme Court of
2-26 the United States to be "void and inoperative" because it denied to
2-27 Alabama "an equal footing with the original states" in Pollard v. Hagan, 44
2-28 U.S. (3 How.) 212 (1845);
2-29 (b) In Coyle v. Smith, 221 U.S. 559 (1911), the Supreme Court of the
2-30 United States expressly affirmed the "equal footing" doctrine as
2-31 enunciated in Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845), holding
2-32 that to ensure equality among the states, the legislature of the State of
2-33 Oklahoma had the power to locate, change and appropriate money for its
2-34 own seat of government and that the Congress of the United States could
2-35 not, through the Enabling Act of June 16, 1906, ch. 335, 34 Stat. 267,
2-36 require the State of Oklahoma to erect its seat of government in a
2-37 location designated by Congress;
2-38 (c) The State of Texas, when admitted to the Union in 1845, retained
2-39 ownership of all unappropriated land within its borders, setting a further
2-40 precedent which inured to the benefit of all states admitted later "on an
2-41 equal footing"; and
2-42 [(c)] (d) The Northwest Ordinance of 1787, adopted into the
2-43 Constitution of the United States by the reference of Article VI to prior
3-1 engagements of the Confederation, first proclaimed the "equal footing"
3-2 doctrine, and the Treaty of Guadalupe Hidalgo, by which the territory
3-3 including Nevada was acquired from Mexico and which is "the supreme
3-4 law of the land" by virtue of Article VI, affirms it expressly as to the new
3-5 states to be organized therein.
3-6 3. The exercise of broader control by the State of Nevada over the
3-7 public lands within its borders would be of great public benefit because:
3-8 (a) Federal holdings in the State of Nevada constitute 86.7 percent of
3-9 the area of the state, and in Esmeralda, Lincoln, Mineral, Nye and White
3-10 Pine counties the Federal Government controls from 97 to 99 percent of
3-11 the land;
3-12 (b) Federal jurisdiction over the public domain is shared among 17
3-13 federal agencies or departments which adds to problems of proper
3-14 management of land and disrupts the normal relationship between a state,
3-15 its residents and its property;
3-16 (c) None of the [federal] federally administered lands in Nevada are
3-17 taxable and Federal Government activities are extensive and create a tax
3-18 burden for the private property owners of Nevada who must meet the
3-19 needs of children of Federal Government employees, as well as provide
3-20 other public services;
3-21 (d) Under general land laws only 2.1 percent of federal lands in Nevada
3-22 have moved from federal control to private ownership;
3-23 (e) Federal administration of the retained public lands, which are vital
3-24 to the livestock and mining industries of the state and essential to meet the
3-25 recreational and other various uses of its citizens, has been of uneven
3-26 quality and sometimes arbitrary and capricious; and
3-27 (f) Federal administration of the retained public lands has not been
3-28 consistent with the public interest of the people of Nevada because the
3-29 Federal Government has used those lands for armament and nuclear testing
3-30 thereby rendering many parts of the land unusable and unsuited for other
3-31 uses and endangering the public health and welfare.
3-32 4. The intent of the framers of the Constitution of the United States
3-33 was to guarantee to each of the states sovereignty over all matters within
3-34 its boundaries except for those powers specifically granted to the United
3-35 States as agent of the states.
3-36 5. The attempted imposition upon the State of Nevada by the Congress
3-37 of the United States of a requirement in the enabling act that Nevada
3-38 "disclaim all right and title to the unappropriated public lands lying within
3-39 said territory," as a condition precedent to acceptance of Nevada into the
3-40 Union, was an act beyond the power of the Congress of the United States
4-1 6. The purported right of ownership and control of the public lands
4-2 within the State of Nevada by the United States is without foundation and
4-3 violates the clear intent of the Constitution of the United States.
4-4 7. The exercise of such dominion and control of the public lands
4-5 within the State of Nevada by the United States works a severe, continuous
4-6 and debilitating hardship upon the people of the State of Nevada.
4-7 8. The State of Nevada, in enacting NRS 321.596 to 321.599,
4-8 inclusive, as amended by this act, and sections 2 and 3 of this act, is
4-9 acting as a sovereign state to enforce within its borders the provisions of
4-10 the Constitution of the United States. In so acting, it is subject only to the
4-11 original jurisdiction of the Supreme Court of the United States.
4-12 Sec. 5. NRS 321.5963 is hereby amended to read as follows:
4-13 321.5963 As used in NRS 321.596 to 321.599, inclusive, and sections
4-14 2 and 3 of this act, unless the context otherwise requires:
4-15 1. "Division" means the division of state lands of the state department
4-16 of conservation and natural resources.
4-17 2. "Public lands" means all lands within the exterior boundaries of the
4-18 State of Nevada , including lands managed or controlled by the Bureau
4-19 of Land Management, except lands:
4-20 (a) To which title is held by any private person or entity;
4-21 (b) To which title is held by the State of Nevada, any of its local
4-22 governments or the University and Community College System of Nevada;
4-23 (c) Which are located within congressionally authorized national parks,
4-24 monuments, national forests or wildlife refuges or which are lands
4-25 acquired by purchase consented to by the legislature;
4-26 (d) Which are lawfully controlled by the United States Department of
4-27 Defense, the Department of Energy or the Bureau of Reclamation; or
4-28 (e) Which are held in trust for Indian purposes or are Indian
4-30 Sec. 6. NRS 321.5967 is hereby amended to read as follows:
4-31 321.5967 [1. There is hereby created a board of review composed of:
4-32 (a) The director of the state department of conservation and natural
4-33 resources;
4-34 (b) The administrator of the division of environmental protection of the
4-35 state department of conservation and natural resources;
4-36 (c) The administrator of the division of minerals of the department of
4-37 business and industry;
4-38 (d) The administrator of the division of state parks of the state
4-39 department of conservation and natural resources;
4-40 (e) The state engineer;
4-41 (f) The state forester firewarden;
4-42 (g) The chairman of the state environmental commission;
5-1 (h) The administrator of the division of agriculture of the department of
5-2 business and industry;
5-3 (i) The chairman of the board of wildlife commissioners; and
5-4 (j) The administrator of the office of historic preservation of the
5-5 department of museums, library and arts.
5-6 2. The chairman of the state environmental commission shall serve as
5-7 chairman of the board.
5-8 3. The board shall meet at such times and places as are specified by a
5-9 call of the chairman. Six members of the board constitute a quorum. The
5-10 affirmative vote of a majority of the board members present is sufficient
5-11 for any action of the board.
5-12 4. Except as otherwise provided in this subsection, the members of the
5-13 board serve without compensation. The chairman of the state
5-14 environmental commission and the chairman of the board of wildlife
5-15 commissioners are entitled to receive a salary of not more than $80, as
5-16 fixed by the board, for each day’s attendance at a meeting of the board.
5-17 5. While engaged in the business of the board, each member and
5-18 employee of the board is entitled to receive the per diem allowance and
5-19 travel expenses provided for state officers and employees generally.
5-20 6. The board:
5-21 (a)] In addition to any other duties assigned to it by law, the land use
5-22 planning council, created pursuant to NRS 321.740:
5-23 1. Shall review and approve or disapprove all regulations proposed by
5-24 the state land registrar pursuant to NRS 321.597.
5-25 [(b)] 2. May review any decision of the state land registrar made
5-26 pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken
5-27 pursuant to NRS 321.5987, and affirm, modify or reverse the decision.
5-28 [(c)] 3. Shall review any plan or statement of policy concerning the
5-29 use of lands in Nevada under federal management which is submitted by
5-30 the state land use planning agency.
5-31 Sec. 7. NRS 321.597 is hereby amended to read as follows:
5-32 321.597 1. The division shall hold the public lands of the state in
5-33 trust for the benefit of the people of the state and shall manage them in an
5-34 orderly and beneficial manner consistent with the public policy declared in
5-35 NRS 321.5977.
5-36 2. [The] Except as otherwise provided in subsections 3 and 4 of NRS
5-37 321.5973, the state land registrar may with the approval of the [board of
5-38 review] land use planning council, adopt regulations necessary to manage
5-39 the public lands in an orderly and beneficial manner and to carry out the
5-40 provisions of NRS 321.596 to 321.599, inclusive, and the public trust
5-41 created in those sections.
5-42 3. Except as otherwise provided in this subsection, the state land
5-43 registrar may contract for or employ such professional and clerical
6-1 personnel as are needed to carry out his functions. Any contract for
6-2 professional services must be approved by the state board of examiners and
6-3 any money necessary to compensate those persons must be approved for
6-4 expenditure by the legislature or the interim finance committee.
6-5 Sec. 8. NRS 321.5973 is hereby amended to read as follows:
6-6 321.5973 1. Subject to existing rights [,] and privileges, all public
6-7 lands in Nevada and all minerals not previously appropriated are the
6-8 property of the State of Nevada and subject to its jurisdiction and control.
6-9 2. Until equivalent measures are enacted by the State of Nevada, the
6-10 rights and privileges of the people of the State of Nevada under the
6-11 [National] Forest Reserve [Transfer Act (16 U.S.C. §§ 471 et seq.),] Acts,
6-12 16 U.S.C. §§ 471a et seq., the General Mining Laws , [(] 30 U.S.C. §§ 21
6-13 et seq. [), the Homestead Act (43 U.S.C. §§ 161 et seq.),] , the Stock-
6-14 Raising Homestead Act, 43 U.S.C. § 299, the Taylor Grazing Act , [(] 43
6-15 U.S.C. §§ 315 et seq. , [),] the Desert Land Act , [(] 43 U.S.C. §§ 321 et
6-16 seq. , [),] the Carey Act , [(] 43 U.S.C. §§ 641 et seq. [)] and the Public
6-17 Rangelands Improvement Act , [(] 43 U.S.C. §§ 1901 et seq. , [)] and all
6-18 rights of way and easements for public utilities must be preserved under
6-19 administration by the state.
6-20 3. Public lands in Nevada which have been administered by the United
6-21 States under international treaties or interstate compacts must continue to
6-22 be administered by the state in conformance with those treaties or
6-23 compacts.
6-24 4. The board of county commissioners of each county:
6-25 (a) May adopt such ordinances as are necessary to carry out the
6-26 provisions of NRS 321.596 to 321.599, inclusive, concerning the public
6-27 lands within the boundaries of the county; and
6-28 (b) May by ordinance impose a fee for the use of public lands within
6-29 the boundaries of the county as recommended by the land use planning
6-30 council. The amount of the fee must be approved by the legislature if it is
6-31 in session or the legislative commission if the legislature is not in session.
6-32 The ordinance must not adversely affect any existing rights and
6-33 privileges.
6-34 5. As used in this section, "existing rights and privileges" means the
6-35 rights and privileges which have been established and recognized by the
6-36 laws, customs and judicial decisions of this state, including, but not
6-37 limited to:
6-38 (a) Rights of way for roads, trails, ditches, flumes, pipelines and
6-39 utilities; and
6-40 (b) Prospecting and mineral rights, grazing rights or privileges, the
6-41 right to use land for recreational purposes, the right to harvest wild fruits
6-42 free of charge and the rights of residents of this state to use wood, stone,
7-1 gravel and clay free of charge if the wood, stone, gravel and clay is not
7-2 sold commercially.
7-3 Sec. 9. NRS 321.598 is hereby amended to read as follows:
7-4 321.598 1. Except as otherwise provided in [subsection 2,]
7-5 subsections 2 and 3, no sale, conveyance or other disposal of the public
7-6 lands may be permitted or authorized by the state land registrar, unless
7-7 specifically authorized by an act of the legislature enacted after July 1,
7-8 1979.
7-9 2. To the extent that the public lands may be conveyed, leased,
7-10 permitted [,] or licensed by the Federal Government or any of its agencies,
7-11 the state land registrar [is hereby authorized to] may convey, lease, license
7-12 or permit the use of public lands to the same extent or in the same manner
7-13 as those lands are conveyed, leased, licensed or permitted to be used by the
7-14 Federal Government or any of its agencies.
7-15 3. The board of county commissioners of a county in which public
7-16 lands are located may, for any public purpose of the county or any city or
7-17 town within the county, select any portion of the public lands located
7-18 within the county that it wishes to acquire and notify the state land
7-19 registrar in writing of its selection. Upon receipt of the notification, the
7-20 state land registrar shall convey to the county all right, title and interest
7-21 of the state in and to that portion of the public lands selected.
7-22 4. All proceeds of fees, rents, royalties or other money paid to the state
7-23 under NRS 321.596 to 321.599, inclusive, must be deposited with the state
7-24 treasurer for credit to the state general fund.
7-25 Sec. 10. NRS 321.5987 is hereby amended to read as follows:
7-26 321.5987 1. Any person who is aggrieved by a decision of the state
7-27 land registrar made pursuant to NRS 321.596 to 321.599, inclusive, may
7-28 appeal by letter to the [board of review] land use planning council within
7-29 30 days after the date of the decision from which the appeal is taken. The
7-30 letter must set out:
7-31 (a) The decision from which the appeal is taken;
7-32 (b) Legal grounds for the contention of the appellant that the decision
7-33 exceeds the authority of the state land registrar; and
7-34 (c) Facts to support the contention,
7-35 with sufficient particularity to permit the state land registrar to prepare for
7-36 a hearing.
7-37 2. Upon receiving the letter, the [board] council may:
7-38 (a) Dismiss the appeal if it appears from the letter to lack any merit; or
7-39 (b) Set a date for a hearing of the appeal which must be not less than 15
7-40 days nor more than 45 days after the date on which the [board] council
7-41 receives the letter. The [board] council shall notify the state land registrar
7-42 and the appellant of the date, time and place of the hearing.
7-43 3. Any hearing held by the [board] council must be informal.
8-1 4. The state land registrar or his representative shall present at the
8-2 hearing the facts considered in reaching his decision. The appellant or his
8-3 representative may present matters in support of his contention that the
8-4 state land registrar’s decision exceeds his authority.
8-5 5. If the appellant does not appear in person or by representative, the
8-6 [board] council may consider the matters set forth in his letter of appeal
8-7 and may dismiss the appeal or take any other action which it finds to be
8-8 reasonable and proper.
8-9 6. The [board] council shall issue its order as soon as practicable after
8-10 conducting the hearing. The order of the [board] council is a final decision
8-11 in a contested case.
8-12 Sec. 11. NRS 321.599 is hereby amended to read as follows:
8-13 321.599 The attorney general may initiate an action or defend [any]
8-14 an action commenced in any court to carry out or enforce the provisions of
8-15 NRS 321.596 to 321.599, inclusive, or seek [any] appropriate judicial
8-16 relief to protect the interests of the state or the people of the state in the
8-17 public lands. [The right to enforce the provisions of NRS 321.596 to
8-18 321.599, inclusive, vests exclusively in the attorney general.] If the
8-19 attorney general refuses to initiate or defend such an action, the district
8-20 attorney of the appropriate county may do so.
8-21 Sec. 12. NRS 321.7355 is hereby amended to read as follows:
8-22 321.7355 1. The state land use planning agency shall prepare, in
8-23 cooperation with appropriate federal and state agencies and local
8-24 governments throughout the state, plans or statements of policy concerning
8-25 the acquisition and use of lands in the State of Nevada that are under
8-26 federal management.
8-27 2. The state land use planning agency shall, in preparing the plans and
8-28 statements of policy, identify lands which are suitable for acquisition for:
8-29 (a) Commercial, industrial or residential development;
8-30 (b) The expansion of the property tax base, including the potential for
8-31 an increase in revenue by the lease and sale of those lands; or
8-32 (c) Accommodating increases in the population of this state.
8-33 The plans or statements of policy must not include matters concerning
8-34 zoning or the division of land and must be consistent with local plans and
8-35 regulations concerning the use of private property.
8-36 3. The state land use planning agency shall:
8-37 (a) Encourage public comment upon the various matters treated in a
8-38 proposed plan or statement of policy throughout its preparation and
8-39 incorporate such comments into the proposed plan or statement of policy
8-40 as are appropriate;
8-41 (b) Submit its work on a plan or statement of policy periodically for
8-42 review and comment by the land use planning [advisory] council, the
8-43 advisory board on natural resources and any committees of the legislature
9-1 or subcommittees of the legislative commission that deal with matters
9-2 concerning the public lands;
9-3 (c) On or before February 1 of each odd-numbered year, prepare and
9-4 submit a written report to the legislature concerning any activities engaged
9-5 in by the agency pursuant to the provisions of this section during the
9-6 immediately preceding biennium, including, without limitation:
9-7 (1) The progress and any results of its work; or
9-8 (2) Any plans or statements of policy prepared pursuant to this
9-9 section; and
9-10 (d) Provide written responses to written comments received from a
9-11 county or city upon the various matters treated in a proposed plan or
9-12 statement of policy.
9-13 4. Whenever the state land use planning agency prepares plans or
9-14 statements of policy pursuant to subsection 1 and submits those plans or
9-15 policy statements to the governor, legislature or an agency of the Federal
9-16 Government, the state land use planning agency shall include with each
9-17 plan or statement of policy the comments and recommendations of:
9-18 (a) The land use planning [advisory] council;
9-19 (b) The advisory board on natural resources; and
9-20 (c) Any committees of the legislature or subcommittees of the
9-21 legislative commission that deal with matters concerning the public lands.
9-22 5. A plan or statement of policy must be approved by the governing
9-23 bodies of the county and cities affected by it before it is put into effect.
9-24 Sec. 13. NRS 321.740 is hereby amended to read as follows:
9-25 321.740 1. The land use planning [advisory] council, consisting of
9-26 17 members appointed by the [governor,] boards of county commissioners
9-27 of the several counties is hereby created.
9-28 2. The [governor] board of county commissioners of each county
9-29 shall appoint [members who are elected officials or representatives of local
9-30 political subdivisions,] one member [from each county.
9-31 3. Members are] to represent its county on the council. A member so
9-32 appointed must not be an elected officer.
9-33 3. The members of the council shall elect a chairman from among
9-34 their members on or before July 1 of each odd-numbered year. After the
9-35 initial election, the chairman shall hold office for a term of 2 years
9-36 commencing on July 1 of each odd-numbered year. If a vacancy occurs
9-37 in the chairmanship, the members of the council shall elect a
9-38 replacement for the remainder of the unexpired term.
9-39 4. The council shall meet at such times and places as are specified by
9-40 a call of the chairman. The affirmative vote of a majority of the members
9-41 present at a meeting is sufficient to take any action of the council.
10-1 5. The members of the council are entitled to receive a salary of not
10-2 more than $80, as fixed by the council, for each day or portion of a day
10-3 of attendance at a meeting of the council.
10-4 6. While engaged in the business of the council, each member and
10-5 any person employed by the council is entitled to receive the travel
10-6 expenses and subsistence allowances [provided by law for their positions
10-7 from the local political subdivisions.] as provided for state officers and
10-8 employees generally.
10-9 Sec. 14. NRS 321.750 is hereby amended to read as follows:
10-10 321.750 The land use planning [advisory] council shall:
10-11 1. Advise the administrator on the development and distribution to
10-12 cities and counties of information useful to land use planning.
10-13 2. Advise the state land use planning agency regarding the
10-14 development of plans and statements of policy pursuant to subsection 1 of
10-16 Sec. 15. NRS 321.755 is hereby amended to read as follows:
10-17 321.755 1. The executive council of the land use planning [advisory]
10-18 council is hereby created to consider and make recommendations for land
10-19 use planning in areas of critical environmental concern and to resolve
10-20 inconsistencies between the land use plans of local government entities.
10-21 2. The executive council consists of the administrator and four persons
10-22 selected by the land use planning [advisory] council from among its
10-23 members. Each member of the executive council shall serve for 2-year
10-25 Sec. 16. NRS 321.761 is hereby amended to read as follows:
10-26 321.761 1. If an inconsistency in land use plans develops between
10-27 two or more adjacent or overlapping local government entities which
10-28 cannot be resolved between them, one or more of them may request the
10-29 state land use planning agency to study and assist in resolving the
10-30 inconsistency.
10-31 2. Upon receipt of such a request the administrator shall convene a
10-32 meeting of all the affected entities and shall provide technical assistance
10-33 and advice in resolving the inconsistency.
10-34 3. If, after subsequent meetings over a reasonable period [of time] as
10-35 determined by the administrator, the affected entities cannot resolve the
10-36 inconsistency, the matter [shall] must be submitted to the executive council
10-37 of the land use planning [advisory] council for a decision.
10-38 Sec. 17. NRS 321.770 is hereby amended to read as follows:
10-39 321.770 1. The state land use planning agency shall provide
10-40 assistance in land use planning for areas of critical environmental concern:
10-41 (a) When the governor directs that the agency review and assist in land
10-42 use planning for an area he finds to be of critical environmental concern.
11-1 (b) When one or more local government entities request that the agency
11-2 advise and assist in land use planning for an area which affects them and
11-3 which they consider to be of critical environmental concern.
11-4 2. Upon receipt of a directive or a request pursuant to subsection 1, the
11-5 administrator shall study the problems of the area described and meet with
11-6 the affected local government entities to receive their initial comments and
11-7 recommendations. He shall then submit the matter of planning for the area
11-8 of critical environmental concern to the executive council of the land use
11-9 planning [advisory] council for consideration and recommendation.
11-10 3. The executive council shall include in its procedures one or more
11-11 public hearings upon notice given by at least one publication at least 20
11-12 days before the hearing in a newspaper or combination of newspapers
11-13 having general circulation throughout the area affected and each city and
11-14 county any portion of whose territory lies within [such] that area. The
11-15 notice [shall] must state with particularity the subject of the hearing.
11-16 4. Following completion of the hearings and consideration of other
11-17 information, the executive council shall make its final recommendations
11-18 for land use planning policies in the area of critical environmental concern.
11-19 The recommendations may include proposed land use regulations to carry
11-20 out [such] the policies.
11-21 5. No land use regulation adopted by the executive council pursuant to
11-22 this section may become effective without the approval of the governor.
11-23 Sec. 18. NRS 328.500 is hereby amended to read as follows:
11-24 328.500 1. The legislature finds that more than 87 percent of the
11-25 land in the State of Nevada is held by the Federal Government, of which
11-26 69 percent is public land, and the actions of federal agencies and
11-27 instrumentalities involving the public lands and waters appurtenant to and
11-28 public roads over those lands significantly affect the health, safety, welfare
11-29 and happiness of the citizens of this state and may interfere with the
11-30 traditional sovereign functions of the State of Nevada with respect to those
11-31 lands, waters and roads and their uses.
11-32 2. Except as otherwise provided in subsection 3, the attorney general
11-33 may:
11-34 (a) On his own initiative or at the request of the governor or any state
11-35 agency, bring and maintain any action; or
11-36 (b) Intervene on behalf of or bring and maintain an action on the
11-37 relation of, any person in any meritorious case,
11-38 in any court or before any federal agency if any action or proposed action
11-39 by a federal agency or instrumentality with respect to the public lands or
11-40 waters appurtenant to or public roads over those lands impairs or tends to
11-41 impair the sovereignty of the State of Nevada.
11-42 3. The attorney general may bring an action pursuant to this section if:
12-1 (a) The legislature has appropriated sufficient money for the operation
12-2 of his office to permit him to bring and maintain the action until its
12-3 conclusion; or
12-4 (b) He has obtained the permission:
12-5 (1) From the legislature, if it is in session, expressed by a concurrent
12-6 resolution; or
12-7 (2) If the legislature is not in session, from the interim finance
12-8 committee.
12-9 4. As used in this section, "public lands" means all lands within the
12-10 exterior boundaries of the State of Nevada , including lands managed or
12-11 controlled by the Bureau of Land Management, except lands:
12-12 (a) To which title is held by any private person or entity;
12-13 (b) To which title is held by the State of Nevada, any of its local
12-14 governments or the University and Community College System of Nevada;
12-15 (c) Which are located within congressionally authorized national parks,
12-16 monuments, national forests or wildlife refuges or which are lands
12-17 acquired by purchase consented to by the legislature;
12-18 (d) Which are lawfully controlled by the United States Department of
12-19 Defense, the Department of Energy or the Bureau of Reclamation; or
12-20 (e) Which are held in trust for Indian purposes or are Indian
12-21 reservations.
12-22 Sec. 19. The amendatory provisions of section 2 of this act do not
12-23 apply to offenses that were committed before the effective date of this act.
12-24 Sec. 20. This act becomes effective upon passage and approval.
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