Assembly Bill No. 540

Assembly Bill No. 540-Committee on Government Affairs

CHAPTER

593

AN ACT relating to public lands; expanding the list of lands that the Colorado River commission may purchase or acquire from the Federal Government pursuant to the Fort Mohave Valley Development Law; repealing the Eldorado Valley Development Law; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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

Section 1. 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 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 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;
(d) If the sale is to be at public auction, the time and place of sale; 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 321.320 and 321.330.
8. 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.
Sec. 2. NRS 321.500 is hereby amended to read as follows:
321.500 1. The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition 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.
2. The lands referred to in subsection 1 are described as follows:
(a) Parcel 1. All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.
(b) Parcel 2. All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.
(c) Parcel 3. [East] All of sections 9, 10, 11, 14, 15 and 16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.
(d) Parcel 4. Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.
All range references in this subsection refer to Mount Diablo base and meridian.
Sec. 3. NRS 321.536 is hereby amended to read as follows:
321.536 1. The commission may use money in the Fort Mohave development account to purchase or otherwise acquire lands described in NRS 321.500 and 321.534 in an amount not to exceed $3,200,000.
2. After the allocation of money pursuant to subsection 1, the commission may use money in the Fort Mohave development account to administer the provisions of NRS 321.480 to 321.536, inclusive, and any other expenditures authorized by law.
3. After the allocation of money pursuant to subsections 1 and 2, the commission, with the concurrence of the board of county commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the use of the remaining money available in the Fort Mohave Valley development account to develop state and local capital improvements. The program may include the planning, design and construction of those improvements which develop the land in the Fort Mohave Valley or in the service area of any general improvement district, special district, town or city which contains all or a part of the land in the Fort Mohave Valley, or both. If the program is approved, the commission shall approve proper claims against the account made in conformance with the program in a manner which ensures that any claims concerning a particular capital improvement are approved and paid before any claims concerning another capital improvement are approved and paid.
4. After disposition of the money in the Fort Mohave Valley development account pursuant to subsections 1, 2 and 3, the commission may use any remaining money to:
(a) Develop and dispose of any land described in NRS 321.534 acquired by the commission;
(b) Purchase or otherwise acquire, develop and dispose of any other land [, including the land described in NRS 321.410,] which the commission is authorized to purchase, acquire, develop or dispose of; and
(c) Perform any other acts authorized by the legislative commission.
5. Any money:
(a) Received from the development or disposition of the land described in NRS 321.534; or
(b) [Transferred from the Eldorado Valley development account pursuant to subsection 2 of NRS 321.470; or
(c)] Received from the development or disposition of any other land which the commission acquires using money from the Fort Mohave Valley development account pursuant to paragraph (b) of subsection 4,
must be deposited in the Fort Mohave Valley development account.
Sec. 4. NRS 538.135 is hereby amended to read as follows:
538.135 The director:
1. Is responsible for administering and carrying out the policies of the commission.
2. Shall direct and supervise all the technical and administrative activities of the commission.
3. Shall report to the commission all relevant and important matters concerning the administration of his office. He is subject to the supervision of the commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the commission's office.
4. Shall perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter, [NRS 321.390 to 321.470, inclusive,] NRS 321.480 to 321.536, inclusive, [NRS] and 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the commission.
Sec. 5. 1. NRS 321.390, 321.400, 321.410, 321.450, 321.460 and 321.470 are hereby repealed.
2. Sections 1 to 9, inclusive, of chapter 462, Statutes of Nevada 1975, at page 715, are hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.
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