Assembly Bill No. 452

Assembly Bill No. 452-Committee on Natural Resources,

Agriculture, and Mining

(On Behalf of the Division of State Lands)

May 2, 1997
____________

Referred to Committee on Natural Resources, Agriculture, and Mining

SUMMARY--Makes various changes to provisions relating to state lands. (BDR 26-369)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to state lands; providing a definition of "trust lands" for the purpose of selling certain state lands; authorizing payments from the state permanent school fund for certain unlocated land warrants; repealing certain obsolete provisions; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3 "Division" means the division of state lands of the state department of conservation and natural resources.
Sec. 4 "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.
Sec. 5 NRS 321.001 is hereby amended to read as follows:
321.001 1. The division [of state lands] 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 chief of the buildings and grounds 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,
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 University and Community College System of Nevada, the agency [shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired and obtain the approval of the legislature if required by law.] and the division shall select land for use by the agency. The division shall obtain the approval of the state public works board if the land will be used for a building pursuant to NRS 341.141. The division [of state lands shall then] 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 [of state lands] 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.
Sec. 6 NRS 321.003 is hereby amended to read as follows:
321.003 1. The state land registrar shall assign any land or interest in land owned by the [state] 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 him, 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 [of state lands] 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 he 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.
Sec. 7 NRS 321.010 is hereby amended to read as follows:
321.0101. 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 [of state lands] 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 his duties and the operation of the state land office may require.
Sec. 8 NRS 321.040 is hereby amended to read as follows:
321.040 1. The state land registrar shall keep a record of all [applications and contracts and of lands which have been or may hereafter be approved to the state,] 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 [state.] division. These records, together with all plats, papers and documents relating to the business of the state land office, [shall] must be open to public inspection during office hours [without fee therefor.] 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 [hereafter] subsequently be approved by the proper United States authorities, unless [the same shall] those copies have been previously obtained. [Copies of such township plats shall be made upon material of such quality as the state land registrar may prescribe, but the cost shall not exceed $6 for each such plat.]
Sec. 9 NRS 321.050 is hereby amended to read as follows:
321.050 [1.] Annually, on or before August 1, the state land registrar shall furnish each county assessor a statement showing [:
(a) All] all lands which have been [applied for] acquired, leased or otherwise disposed of in the [respective counties and which have not theretofore been shown by a statement, together with the name and address of the applicant or assignee so far as the same may be known.
(b) All forfeitures which have occurred since the last annual statement.
2. Upon receipt of the information provided for in subsection 1, each county assessor shall immediately mark the same upon the township plats in his office.] county since the last annual statement.
Sec. 10 NRS 321.055 is hereby amended to read as follows:
321.055 [1. Upon the sale of any land for cash or upon execution of any contract for the purchase of land from the state, the state land registrar shall forthwith transmit to the county assessor of the county in which such land is located a report setting forth a description of the land, the name of purchaser, the amount of the purchase price and a description of any improvements on such land.
2.] Upon the occurrence of any tax delinquency on state [land sale contract] lands, the county assessor of the county wherein the land is situated shall immediately notify the state land registrar of [such] that delinquency. The notice [shall] must contain a description of the land [, the name of the purchaser] and the date and amount of delinquency.
Sec. 11 NRS 321.090 is hereby amended to read as follows:
321.090 [1.] The state land registrar [shall select as portions of the several grants of land to this state all lands for which money has been deposited under the provisions of this chapter.
2. The state land registrar may also select any lands for the State of Nevada when such lands are requested by the state or any state department, agency or institution, or when it is determined by the state land registrar that the selection of such lands will be beneficial to the state.] 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.
Sec. 12 NRS 321.110 is hereby amended to read as follows:
321.110 1. Subject to the provisions of [subsections 2 and 3,] 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 [is authorized, in his discretion, to] or the state land registrar may accept the [same] lands and the possession and title thereof in the name of the State of Nevada and [to] take all necessary steps to comply with any requirement and condition mentioned in the offer. [The governor shall have power, among other things, to execute agreements, to convey and reconvey lands by deeds of relinquishment and other deeds according to and in extension of the provisions of NRS 321.100.
2. The authority granted the governor in this section shall not involve the acceptance of title to more than 30,000 acres of lands that may be offered by the United States Government, nor shall it involve or extend to the relinquishment of claims or title to lands of value equal to the value of more than such 30,000 acres owned by the state, including the computed value or exchange value of such claims as the state may have or might advance against the United States Government or in compromise or settlement of any erroneous selections, charges or credits in the land accounts of the state and the United States.
3.] 2. It is hereby declared to be the policy of the legislature that the [governor should first] State of Nevada shall negotiate for the acquisition of [such] those lands as an unconditional grant by the United States Government to the State of Nevada without any other [or further] considerations, and that if the [governor shall be] State of Nevada is unable to acquire [such] those lands in the manner indicated, [then he is authorized, in his discretion, to obtain such] the governor or the state land registrar may obtain those lands on the best terms available.
Sec. 13 NRS 321.125 is hereby amended to read as follows:
321.125 1. The state land registrar may make direct sales of lands owned by the state to [public agencies] 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.
Sec. 14 NRS 321.140 is hereby amended to read as follows:
321.140 [1.] The holder of any unlocated land warrant of this state, issued [prior to] before March 12, 1885, [shall have the right to use the same in payment for lands which he may desire to purchase from the state. Any person holding any of such warrants for 160 acres or less, at the rate of $2.50 per acre, shall be allowed to surrender the same to the state treasurer in full payment for double the number of acres expressed therein of land valued at $1.25 per acre.
2. Upon the surrender of such land warrant to the state controller by the state treasurer, properly endorsed, the state controller shall draw his warrant upon the state permanent school fund in favor of the state treasurer for the amount of] 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.
Sec. 15 NRS 321.300 is hereby amended to read as follows:
321.300 1. Every person [, corporation or association, his or its heirs, assigns or lawful successors, who has a subsisting] who entered into a contract with the State of Nevada for the purchase of any trust lands of the State of Nevada [or who may hereafter contract with the State of Nevada for the purchase of any of its public lands,] before the effective date of this act, or his heirs, assigns or lawful successors, and every patentee of trust lands purchased from the State of Nevada, shall, subject to the royalty [provision hereinafter reserved,] provided for in subsection 3, be deemed and held to have the right to the exclusive possession of the lands described in [such contract,] the contract or patent, including all gas, coal, oil and oil shales that may exist in [such lands; and every person corporation or association, his or its heirs, assigns or lawful successors,] those lands.
2. Every person who has [heretofore] received or [shall hereafter receive or be] is entitled to receive [any patent or deed] a patent from this state granting to him [or it any such] any of those lands, or his heirs, assigns or lawful successors shall, subject to the royalty [provision hereinafter reserved,] provided for in subsection 3, be deemed to have the fee simple title to the lands described in [such patent or deed,] the patent, including all gas, coal, oil and oil shales which may exist therein . [; but any such contract holder or patentee]
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 [such] those lands a royalty of 5 percent of the net proceeds of all gas, coal or oil mined or extracted therefrom.
[2. Nothing contained in]
4. The provisions of this section [shall be construed as impairing] do not impair any rights acquired [prior to] before July 1, 1921, [under] pursuant to existing laws to any [such] of those lands or rights therein.
Sec. 16 NRS 321.310 is hereby amended to read as follows:
321.310 [1.] Except as otherwise ordered by a [competent court having jurisdiction or as otherwise provided in this section,] court of competent jurisdiction, the title of the state to any lands acquired by patent from the Federal Government must be conveyed by patent.
[2. A patent may be issued to an assignee or successor in interest of the original applicant upon the assignee or successor in interest furnishing to the state land registrar an executed and verified assignment in writing of the original contract of purchase of the land signed by the original applicant or his heirs, administrator or executor thereunto lawfully authorized, or upon the furnishing to the state land registrar by the successor in interest of a good and sufficient deed of conveyance of the original applicant's right, title and interest to him in and to the contract and the land mentioned therein, which deed has theretofore been recorded in the county wherein the land is situated.
3. In case of the death of the applicant for any state lands, upon payment and compliance with the law by his heirs, devisees or assignees, patents for the lands must issue in pursuance of any statute of this state in his name the same as if he were living, without requiring any order of court. When so issued the title to the lands designated in these patents, and the title to lands embraced in any patent heretofore issued after the death of the applicant, inure to and become vested in the heirs, devisees or assignees of the deceased patentee as if the patent had issued to the deceased person during life.]
Sec. 17 NRS 321.331 is hereby amended to read as follows:
321.331 Every person [, corporation or association, his, her or its] or his heirs, assigns or lawful successors, who has [heretofore received since March 3, 1887, or shall hereafter receive or be entitled to receive any] received a patent or deed between March 3, 1887, and the effective date of this act, from the State of Nevada granting to him [, her or it] any trust lands of the State of Nevada [shall,] must, subject to the royalty [provision] contained in NRS 321.300, be confirmed in the fee simple title to the lands described in [such] 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, her or its] or his 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 [such] those lands the royalty provided by NRS 321.300.
Sec. 18 NRS 321.332 is hereby amended to read as follows:
321.332 1. Every person [, corporation or association, his, her or its] or his heirs, assigns or lawful successors referred to in NRS 321.331, who is entitled to any trust lands that may have been purchased by him [, her or it, or his, her or its] or his predecessors in interest, from the State of Nevada [subsequent to] between March 3, 1887, and the effective date of this act, or who has a separate estate in the minerals, including any gas, coal, oil and oil shales existing in [such] 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 [such] those lands or any part thereof are [situate] located to determine by declaratory judgment of [such] that court whether [or not] 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 . [or actions.]
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, he 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 [shall be given on or] must:
(a) Be given within 5 days after the date of the filing of the complaint [, shall identify] ;
(b) Identify the land of the owner which is affected [, and shall state] ; and
(c) State the case number and court in which the action is brought.
Sec. 19 NRS 321.333 is hereby amended to read as follows:
321.333 1. If in any such action authorized by NRS 321.332 , it is determined that the State of Nevada has any interest in any minerals in any such lands, [save and] except the royalty [interest] provided for in NRS 321.300, [then] any such person [, corporation or association, his, her or its] or his heirs, assigns or lawful successors, bringing any such action as plaintiff [in such action, shall have] has the option for 1 year [from] after the entry of final judgment in [such] that action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in [such lands, save and] those lands, except the royalty [interest] authorized by NRS 321.300, at [a price of 15 cents for each acre of land involved in such action.] the fair market value of the royalty as determined by the division.
2. If [such] the option is exercised, payment for [such] that mineral interest [shall] must be made to the state land registrar in cash within the period of [such option,] the option and deposited in the fund which was the original beneficiary of those lands, and the state land registrar [is authorized and directed] shall, upon the payment of [any such] the option price , [to] deliver to the purchaser a deed from the State of Nevada [to such purchaser,] conveying all of the state's interest in the minerals in the lands involved in [such action, save and] that action, except the royalty [interest of the state] provided for in NRS 321.300.
Sec. 20 NRS 321.335 is hereby amended to read as follows:
321.335 1. Except as provided in NRS 321.125, 321.450 and 321.510, after April 1, 1957, all sales of any lands [to which the State of Nevada or any department, agency or institution thereof has title, except the department of transportation and agricultural associations organized pursuant to chapter 547 of NRS,] 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, he may, with the approval of the state board of examiners and the interim finance committee, cause those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, at a price not less than their appraised value plus the costs of appraisal and publication of notice of sale.
3. Before offering any land for sale, the state land registrar shall cause it to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, the state land registrar shall cause a notice of sale 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 is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold is situated , the notice must be so published in [some] 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;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; [and]
(d) If the sale is to be at public auction, the time and place of sale; [or] and
(e) If the sale is to be upon sealed bids, the place where the bids will be accepted, the first and last days on which the bids will be accepted, and the time when and place where the bids will be opened.
6. The state land registrar may reject any bid or offer to purchase if he 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.
7. Upon acceptance of any bid or 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 [321.310,] 321.320 and 321.330 . [or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate. Any such contract must require that the remainder of the purchase price be paid within 25 years from the date of the contract and that the contract will immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the installment becomes due and payable pursuant to the contract.
8. Nothing in this section applies to or affects any pending contract or application for the purchase of land from the State of Nevada, whether title to it is in the state or the state is in the process of acquiring title to it under any method of exchange or selection between the state and the United States or any department or agency thereof.
9.] 8. The state land registrar may require any person requesting that state land be sold [under] 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.
Sec. 21 NRS 321.339 is hereby amended to read as follows:
321.339 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 [whatsoever or decline to select any lands upon application therefor when such] 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 he deems that the public interest so requires.
Sec. 22 NRS 321.355 is hereby amended to read as follows:
321.355 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, the advisory board on natural resources and with counties and local governments, shall designate any existing routes over the land which he 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 the advisory board on natural resources 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 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 [some] 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.
Sec. 23 NRS 321.605 is hereby amended to read as follows:
321.605 The intent of the legislature in the enactment of NRS 321.605 [to 321.630, inclusive,] and 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 [Public and Recreational] Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended, and to aid [both] the applicant and the Bureau of Land Management by requiring the state land registrar to examine [into] the propriety and correctness of [such applications prior to their being] 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.
Sec. 24 NRS 321.610 is hereby amended to read as follows:
321.610 1. All applications to the Bureau of Land Management by the state [, its agencies and political subdivisions] filed on behalf of a state agency except:
(a) The department of transportation;
(b) The University and Community College System of Nevada; or
(c) The legislature,
to lease or purchase lands pursuant to the provisions of the [Public and Recreational] Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended, [shall be filed with] must be submitted to the state land registrar [, who shall:
1. Examine such] 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; [and
2.] (b) Determine from the records of the Bureau of Land Management whether the lands to be leased or purchased are subject to disposition [under such act.] pursuant to the act; and
(c) File each application he approves with the Bureau of Land Management.
3. If the state land registrar denies an application submitted pursuant to subsection 1, he 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 University and Community College System of Nevada, 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 him for his review. The state land registrar shall, upon the completion of his examination, return the application to the department of transportation, the University and Community College System of Nevada, the legislature or the political subdivision for filing with the Bureau of Land Management.
Sec. 25 NRS 321.655 is hereby amended to read as follows:
321.655As used in NRS 321.640 to 321.770, inclusive:
1. "Administrator" means the executive head of the division . [of state lands of the state department of conservation and natural resources.]
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 University and Community College System of Nevada;
(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.
Sec. 26 NRS 321.700 is hereby amended to read as follows:
321.700In addition to any other functions assigned to it by law, the division [of state lands of the state department of conservation and natural resources] 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.
Sec. 27 NRS 322.0042 is hereby amended to read as follows:
322.0042 "Commercial use" means any use conducted primarily for profit, except a use conducted by [a public utility or] a governmental or quasi-governmental entity.
Sec. 28 NRS 323.100 is hereby amended to read as follows:
323.100 1. The state land registrar may, with the approval of the state board of examiners and the interim finance committee, exchange state lands or interests in land for any other lands [of equal value.] or interests of land. The division of state lands of the state department of conservation and natural resources shall determine the values of the lands or interests in land which are to be exchanged . The values must be [established by an appraisal conducted by a competent appraiser.] equal or, if the values are not equal, the values may be equalized by the payment of money, if the payment is not more than 25 percent of the total value of the lands or interests in land.
2. Upon effecting an exchange, the state land registrar shall deliver to the transferee proper conveyances of title to the state lands exchanged and shall require [similar] proper conveyances of title to the state of the lands received pursuant to the exchange.
Sec. 29 NRS 321.045, 321.080, 321.100, 321.120, 321.130, 321.150, 321.160, 321.170, 321.180, 321.190, 321.200, 321.210, 321.220, 321.230, 321.240, 321.250, 321.260, 321.270, 321.280, 321.290, 321.340, 321.350, 321.360, 321.370, 321.380, 321.620 and 321.630 are hereby repealed.
Sec. 30 The amendatory provisions of this act do not affect any rights acquired before the effective date of this act.
Sec. 31 This act becomes effective upon passage and approval.

LEADLINES OF REPEALED SECTIONS

321.045Index of deeds or other evidence of title: Duties of state land registrar and director of department of transportation.
321.080Sale of lands selected under 2,000,000-acre grant of 1880.
321.100Reconveyance of selections erroneously made: Duties of governor and state land registrar.
321.120Acceptance of lands by governor for park, recreational or other public purposes; limitations on subsequent public sale.
321.130Price of state lands; simultaneous applications.
321.150Payment of money into and from state treasury for state lands.
321.160Investment of proceeds of sale of certain lands.
321.170Contents of application.
321.180Procedure for purchase of lands not previously selected by state; duties of certain officers.
321.190Purchase of land after state has acquired title.
321.200Deposit of fees for advertising when application made for lands not approved to state and situated within township containing mineral entry, claim or location.
321.210Simultaneous applications by persons claiming preferred rights: Procedure for disposition.
321.220Several applications for purchase of same land; simultaneous applications by persons not claiming preferred rights.
321.230Contests arising from causes other than simultaneous applications: Procedure.
321.240Sale of agricultural or grazing lands under contracts of sale: Conditions; interest payments; timberland not to be sold unless purchase price paid at time of application.
321.250Contracts in existence on March 12, 1885: Formation of new contracts authorized; fees.
321.260Notice to applicant for purchase under sales contract; limitations on executing contract; forfeiture of rights.
321.270Forfeiture of contract of sale: Duties of state land registrar and county recorder.
321.280Renewal of land contracts; patent rights under new contracts.
321.290Assignment or transfer of interests in land contracts: Procedure; fees.
321.340Rights of way granted for ditches and lines constructed by authority of United States; reservations in patents.
321.350Rights of way reserved to state for highway purposes.
321.360Sales of lands within irrigation projects.
321.370Withdrawal of lands containing gravel or other road-building materials from sale: Procedure.
321.380Withdrawal of certain land in Humboldt County from entry and sale and grant to Humboldt County.
321.620Inventory and status of applications kept by state land registrar.
321.630Regulations of state land registrar.