[Rev. 11/22/2013 3:21:37 PM--2013]

SPRING MOUNTAINS NATIONAL RECREATION AREA ACT

Chapter 198, Statutes of Nevada 2009

AN ACT relating to the Spring Mountains National Recreation Area; limiting certain powers of planning and zoning that may be exercised by local governments within the Area; limiting gaming in the Area to holders of restricted licenses; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

      Whereas, The Spring Mountains and their surrounds are a natural wonder within the State of Nevada that is uniquely beautiful and of scenic interest; and

      Whereas, The Spring Mountains National Recreation Area includes several distinctive and significant geologic and natural heritage features, including, without limitation, Mount Charleston, Kyle Canyon, Griffith Peak, Harris Springs, Harris Mountain, the Deer Creek mountain pass, Angel Peak, Macks Canyon, Lee Canyon, Mummy Mountain, McFarland Peak, Bonanza Peak, Cold Creek, Wheeler Well, Charcoal Kilns, Mount Stirling Wilderness Study Area, Wallace Canyon, Carpenter Canyon, Trout Canyon, Lovell Canyon, Mountain Springs and Native American archeological sites, including petroglyphs and agave roasting pits; and

      Whereas, In addition to their scenic beauty and geologic significance, the Spring Mountains provide numerous recreational opportunities to visitors from both within and without the State of Nevada, including, without limitation, hiking, climbing, bicycling, camping, horseback riding and winter sports such as snowshoeing and alpine and cross-country skiing; and

      Whereas, With regard to tourism, the Spring Mountains provide a dramatic counterpoint to the activities offered within the more urban portions of Clark County, helping to draw to the area tourists who might not otherwise be interested in participating in gaming, attending shows or other such activities; and

      Whereas, A significant part of the reason that the Spring Mountains are of interest to tourists, sightseers and recreational users is that they provide an area of sanctuary from the congestion and sprawl of the more urban portions of Clark County; and

      Whereas, If the scenic views, natural beauty and rural character of the Spring Mountains were to be encroached upon by development that is on a large scale or of an inappropriate character, the value of the Spring Mountains National Recreation Area, with respect to tourism, sightseeing and recreation would be greatly diminished, to the detriment of Clark County and the State of Nevada as a whole; now, therefore,

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Sec. 5.  Short title.  Sections 5 to 9, inclusive, of this act shall be known as the Spring Mountains National Recreation Area Act.

      (Ch. 198, Stats. 2009 p. 735)

      Sec. 6.  Legislative findings and declarations.  The Legislature hereby finds and declares that this special act, which regulates activity in the Spring Mountains National Recreation Area, is necessary because of:

      1.  The unusual beauty of the Spring Mountains National Recreation Area;

      2.  The rapidly increasing population and growth in the region around the Spring Mountains National Recreation Area; and

      3.  The need to harmonize:

      (a) The retention of the scenic beauty, small-town values, historic and cultural character, sense of community and recreational opportunities for visitors and residents of the Spring Mountains National Recreation Area; and

      (b) Residential and commercial development within the Spring Mountains National Recreation Area.

      (Ch. 198, Stats. 2009 p. 735)

      Sec. 7.  “Spring Mountains National Recreation Area” defined.

      1.  Except as otherwise provided in subsection 2, as used in this act, “Spring Mountains National Recreation Area” means the following tracts of land:

      (a) All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 17 South, Range 53 East, MDM;

      (b) The west half of section 3, all of sections 4, 5, 6, 7, 8 and 9, the west half of section 10 and all of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 17 South, Range 54 East, MDM;

      (c) All of sections 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 17 South, Range 55 East, MDM;

      (d) All of section 31, Township 17 South, Range 56 East, MDM;

      (e) All of section 1, Township 18 South, Range 53 East, MDM;

      (f) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36, Township 18 South, Range 54 East, MDM;

      (g) All of Township 18 South, Range 55 East, MDM;

      (h) All of Township 18 South, Range 56 East, MDM;

      (i) All of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 18 South, Range 57 East, MDM;

      (j) All of sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14 and 15, Township 19 South, Range 54 East, MDM;

      (k) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, the east half of section 20 and all of sections 21, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 19 South, Range 55 East, MDM;

      (l) All of Township 19 South, Range 56 East, MDM;

      (m) All of Township 19 South, Range 57 East, MDM;

      (n) All of sections 6, 7, 18, 19, 30 and 31, Township 19 South, Range 58 East, MDM;

      (o) All of sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, Township 20 South, Range 55 East, MDM;

      (p) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35 and 36, Township 20 South, Range 56 East, MDM;

      (q) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 20 South, Range 57 East, MDM;

      (r) All of sections 6 and 7, Township 20 South, Range 58 East, MDM;

      (s) All of sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36, Township 21 South, Range 56 East, MDM;

      (t) All of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 21 South, Range 57 East, MDM;

      (u) All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 35 and 36, Township 22 South, Range 57 East, MDM;

      (v) All of section 19, all of section 20 except the northeast quarter and all of sections 29 and 30, Township 22 South, Range 58 East, MDM;

      (w) All of sections 1, 2, 11, 12, 13, 14, 24 and 25, Township 23 South, Range 57 East, MDM; and

      (x) All of sections 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30, Township 23 South, Range 58 East, MDM.

      2.  “Spring Mountains National Recreation Area” does not include the following tracts of land:

      (a) Clark County Parcel: Beginning at a point 500 feet south of the north quarter corner of section 10, Township 19 South, Range 56 East, MDM, and running thence west 871.20 feet; thence south 250 feet; thence east 871.20 feet; thence north 250 feet to the point of beginning.

      (b) Parcel I: That portion of the south half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) and that portion of the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of section 3, Township 19 South, Range 56 East, MDM, according to the original survey of Township 19 South, Range 56 East, MDM, approved October 14, 1881 (said approved parcels now being a portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, approved January 25, 1939), lying northerly of the northwest line of State Highway Route No. 52, the whole of which is more particularly described as follows: Beginning at the point of intersection of the aforementioned northeast line of State Highway Route No. 52 with the west line of said Tract 40; thence north 39°39′ east a distance of 697.67 feet to tan angle point of said northwest line; thence north 40°50′24″ east a distance of 90.00 feet to a point; thence on a straight line to the northwest corner of the aforementioned south half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) of said section 3, said point also being a point on the west line of said Tract 40; thence southerly along the last mentioned west line to the point of beginning.

      (c) Parcel II: All that portion of the south half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4), together with all of that portion of the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of section 3, Township 19 South, Range 56 East, MDM, according to the original survey of Township 19 South, Range 56 East, MDM, approved October 14, 1881 (said parcel now being a portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, approved January 25, 1939), lying southerly of the southwest line of State Highway Route No. 52.

             (1) Excepting therefrom all of said land lying within the boundaries of Camp Lady of the Snows, as shown by map thereof on file in Book 5 of Plats, Page 45, in the Office of the County Recorder of Clark County, Nevada.

             (2) Further excepting therefrom that portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, MDM, approved January 25, 1939, described as follows: Commencing at that certain corner common to sections 2, 3, 10 and 11, Township 19 South, Range 56 East, MDM; thence north 72°23′27″ east, 482.61 feet to corner no. 4 of said Tract, the true point of beginning; thence north along the boundary line of said Tract 40, 659 feet to a point on the southeasterly right-of-way line of State Highway Route No. 52; thence north 39°39′ east along said right-of-way line 568 feet; thence south 50°21′ east 200 feet; thence north 39°39′ east 100 feet; thence south 32°40′ east 308 feet to a point on the boundary line of Block 1 of Camp Lady of the Snows, as shown in Book 5 of Plats, Page 45, Clark County, Nevada Records; thence following said boundary line the following courses and distances: south 57°35′ west 90 feet; south 28°43′ west 261 feet; south 29°40′ west 276 feet; south 1°45′ west 155 feet; south 10°24′ east 131 feet; thence leaving said boundary line, west 443.5 feet to the true point of beginning.

             (3) Further excepting therefrom that portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, MDM, approved January 25, 1939, more particularly described as follows: Commencing at G.L.O. brass cap common to sections 2, 3, 10 and 11, Township 19 South, Range 56 East, MDM; thence north 72°23′27″ east a distance of 482.61 feet to the brass cap for corner no. 4 of Tract 40; thence due north 659 feet to the intersection of the highway right-of-way; thence along highway right-of-way which bears north 39°39′ east a distance of 538 feet to the center of entering road to Camp Lady of the Snows Recreation Ground; thence continuing on this bearing a distance of 30 feet to the true point of beginning; thence south 18°35′ a distance of 200 feet; thence north 39°39′ east a distance of 100 feet; thence north 18°35′ west a distance of 200 feet to highway right-of-way on east side of highway; thence south 39°39′ west along highway right-of-way to the true point of beginning.

      (d) Parcel III: That portion of Tract 40 according to independent resurvey of a portion of section 2, Township 19 South, Range 56 East, MDM, approved January 25, 1939, Clark County, Nevada, described as follows: Commencing at the southwest corner of section 2 of said Township and Range; thence north 72°23′27″ east a distance of 482.61 feet to cap of said Tract 40; thence north along the west line of said Tract 40 a distance of 659 feet to a point on the easterly right-of-way line of State Highway 52; thence along said easterly right-of-way line north 39°39′ east a distance of 60 feet to the true point of beginning; thence right angles south 50°21′ east a distance of 162 feet to a point; thence south 64°30′31″ east 385.72 feet to a point on the westerly boundary line of Camp Lady of the Snows subdivision as shown by map thereof on file in Book 5 of Plats, Page 45, in the Office of the County Recorder of Clark County, Nevada; thence north 29°40′ east 101.02 feet to a point; thence continuing along said Camp Lady of the Snows westerly line north 28°43′ east a distance of 261.0 feet to a point; thence north 57°35′ east along said westerly line of said Camp Lady of the Snows to a point which is the most northerly corner of Lot 11, Block 1, of said Camp Lady of the Snows subdivision; thence north 36°31′57″ west a distance of 308+ feet; thence south 39°39′ west a distance of 100 feet; thence north 50°21′ west 35+ feet; thence south 39°39′ west a distance of 100 feet; thence north 18°35′ west 200 feet to a point on the easterly right-of-way line of said Highway 52; thence south 39°39′ west a distance of 500 feet to the true point of beginning.

             (1) Subject to an easement for a well site 25′ x 25′ square, the north and south lines of which are parallel with each other and run south 50°21′ east, and the center which are parallel with each other and run south 50°21′ east and the center of which square is an existing well located a point north 34°50′ east 984.30 feet from the southwest corner of said section 2.

             (2) Subject further to an easement for a public roadway and other purposes, 15 feet wide along the southerly boundary of the above described tract, commencing at said true point of beginning and running south 50°21′ east a distance of 130+ feet to a point on the southerly boundary of said tract which is south 39°39′ west from said existing well; thence as an easement 30 feet wide, the center line of which runs north 39°39′ east from said last described point to said well site.

             (3) Subject further to an easement for an existing water line 4 feet wide running southeasterly from said well site to a point on the southerly boundary line of said tract.

             (4) Subject further to an easement in favor of the defendant, his or her heirs and assigns, within the last described roadway easement, for a water line 4 feet wide along the center line of the roadway easements hereinabove described, plus a 4 feet wide easement from said well to said southerly boundary line, and plus a 4 feet wide easement running from said true point of beginning along the westerly boundary line of the above described tract and along the easterly right-of-way of said Highway 52, a distance of 508 feet.

      (Ch. 198, Stats. 2009 p. 735; A—Ch. 104, Stats. 2011 p. 462)

      Sec. 8.  Regulation of use of land by local government: Limitations.  With respect to the Spring Mountains National Recreation Area, a local government:

      1.  Shall not, in regulating the use of those lands:

      (a) Increase the number of residential dwelling units allowed by zoning regulations in existence on the effective date of this act;

      (b) Establish any new nonresidential zoning districts, other than for public facilities; or

      (c) Expand the size of any nonresidential zoning district in existence on the effective date of this act, other than for public facilities.

      2.  May regulate matters to include, without limitation, landscaping, buffering, screening, signage and lighting.

      3.  Retains all other authority regarding planning, zoning and regulation of uses of land.

      (Ch. 198, Stats. 2009 p. 736)

      Sec. 9.  Prohibition against issuance of nonrestricted gaming license for any location in Spring Mountains National Recreation Area.

      1.  Notwithstanding any other provision of law, the Nevada Gaming Commission shall not issue a nonrestricted license for any location in the Spring Mountains National Recreation Area.

      2.  As used in this section, “nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

      (Ch. 198, Stats. 2009 p. 737)