2005 Nevada Revised Statutes - Chapter 328 — Federal Lands

CHAPTER 328 - FEDERAL LANDS

CESSION OF STATE JURISDICTION

NRS 328.065 Applicationto State for cession of jurisdiction, appropriation of water or consent to usepublic land or close public road.

NRS 328.075 Procedure;limits of federal jurisdiction.

NRS 328.085 Reservationsand conditions.

NRS 328.100 Resolutionceding state jurisdiction: Contents; delivery; recordation.

NRS 328.110 Conditionsfor recording conveyances where United States is grantee; protection ofsubsequent purchaser.

NRS 328.120 StateEngineer to give technical and engineering advice on water rights, reclamation,control of floods and protection of watersheds.

NRS 328.135 Offeror agreement for cession of state jurisdiction before June 2, 1981:Construction; effect of noncompliance with federal or state laws.

STATE CONSENT TO ACQUISITION OF LAND FOR FEDERAL PURPOSES

NRS 328.195 Conditionsfor state consent to federal acquisition of land for wildlife refuge.

SPECIFIC CONSENTS TO ACQUISITION OF LANDS BY UNITED STATES;JURISDICTION OVER CERTAIN LANDS CEDED TO UNITED STATES

Clark County

NRS 328.210 Saleof real property authorized for site of Hoover Dam reservoir (1933).

NRS 328.220 Saleof real property authorized (1941).

 

Douglas County

NRS 328.240 Jurisdictionceded over land for use of Indian School (1897).

 

Lyon County

NRS 328.250 Consentto acquisition of site for federal building in Yerington (1937).

 

Mineral County

NRS 328.260 Jurisdictionceded over U.S.N. Ammunition Depot (1935).

 

Nye County

NRS 328.270 Conveyanceauthorized to United States for site for post office and federal building inTonopah (1939).

NRS 328.280 Consentto acquisition of site for post office and federal building in Tonopah (1939).

 

Carson City

NRS 328.290 Landfor cooperative fire protection headquarters and nursery site to be conveyed toUnited States (1941).

 

Pershing County

NRS 328.300 Consentto acquisition of site for post office and federal building in Lovelock (1937).

 

Washoe County

NRS 328.310 Conveyanceby City of Reno to United States for veterans hospital (1937).

NRS 328.320 Conveyanceby County Commissioners to United States for garage and repair shop (1939).

 

White Pine County

NRS 328.330 Conveyanceby County Commissioners of land within Lehman Cave National Monument (1931).

NRS 328.340 Conveyanceby State of land within Lehman Cave National Monument (1935).

NRS 328.350 Consentto acquisition of site for federal building in Ely (1937).

NRS 328.360 Consentto acquisition of lands to facilitate administration of national forest affairs(1937).

NRS 328.370 Conveyanceby State of land within Lehman Cave National Monument; correcting descriptionerror in deed given pursuant to NRS 328.340(1945).

NRS 328.380 Exchangeof lands by County Commissioners and United States authorized (1945).

EXCHANGES OF FEDERAL AND PRIVATE LANDS

NRS 328.400 Divisionof State Lands to provide information and assistance for exchanges.

DISPOSITION OF REVENUE RECEIVED BY STATE FROM LEASE OF FEDERALLANDS

NRS 328.450 Depositin State Distributive School Account in State General Fund; deposit of excessin Account for Revenue from Lease of Federal Lands; interest and income.

NRS 328.460 Accountfor Revenue from Lease of Federal Lands: Apportionment of money by StateController.

NRS 328.470 Accountfor Revenue from Lease of Federal Lands: Money payable to counties.

MISCELLANEOUS PROVISIONS

NRS 328.500 AttorneyGeneral may bring, maintain or intervene in actions concerning public lands toprotect sovereignty of State.

NRS 328.510 Federallands in Nevada: State Land Registrar to maintain Registry; county assessors tobe advised of taxable status.

_________

CESSION OF STATE JURISDICTION

NRS 328.065 Applicationto State for cession of jurisdiction, appropriation of water or consent to usepublic land or close public road. An officerof an agency or instrumentality of the United States:

1. May apply to the Director of the LegislativeCounsel Bureau pursuant to NRS 328.065to 328.135, inclusive, to obtain acession of concurrent criminal jurisdiction or other jurisdiction from theState of Nevada.

2. Shall apply to the State Engineer pursuant to Title48 of NRS to appropriate water on the public lands or other federal lands ofthis state. The State Engineer has continuing jurisdiction over any acquisitionby the United States of the waters of the State of Nevada, whether by purchase,gift, condemnation, appropriation pursuant to the states water laws orotherwise, and whether appurtenant to lands acquired by or retained by theUnited States.

3. Shall apply to the Department of Transportationpursuant to the procedure set forth in NRS408.537, 408.543 and 408.547 for consent to close a public road,as defined in NRS 405.191, which islocated on the public lands of this state.

4. Shall apply to the State Land Use Planning Agencypursuant to the procedure set forth in NRS321.736 to 321.739, inclusive, forconsent to use land held solely for proprietary purposes relating to theretention and management of the public lands, if that use interferes with thesovereignty of this state respecting the land within its borders.

(Added to NRS by 1981, 918)

NRS 328.075 Procedure;limits of federal jurisdiction.

1. Upon application by an officer of an agency orinstrumentality of the United States in accordance with Clause 17 of Section 8of Article I of the Constitution of the United States, the Legislature, or theLegislative Commission when the Legislature is not in regular session, may byresolution cede concurrent criminal jurisdiction to the United Statesrespecting any land held by the United States for the erection of forts,magazines, arsenals, dockyards or other needful buildings, or for another governmentalpurpose authorized by the Constitution, subject to the conditions and reservationsset forth in this section and NRS 328.085.Jurisdiction other than concurrent criminal jurisdiction may be ceded only bythe Legislature when in regular session.

2. Federal jurisdiction over land to which this statehas not ceded its jurisdiction is limited to carrying out governmental purposesauthorized by the Constitution of the United States, and federal jurisdictionover lands held for other purposes is limited to that exercisable by anordinary proprietor under the laws of this state.

3. An application for a cession of jurisdiction mustset forth:

(a) The purpose of the application and the nature andextent of the jurisdiction sought;

(b) The legal description of the land involved,together with a map of the land;

(c) A statement of the governmental purpose to becarried out on the land and the federal statute authorizing that activity; and

(d) A verification by an officer of the agency orinstrumentality who has knowledge of the contents of the application.

4. The Legislative Commission, upon the advice of theAttorney General and after a hearing, may cede concurrent criminal jurisdictionto the United States on behalf of this state if it finds that the contents ofthe application are true and the cession is in the best interests of thisstate. Notice of its hearing must be given as required by law.

(Added to NRS by 1981, 918)

NRS 328.085 Reservationsand conditions. It is the policy of thisstate, with respect to conditions which may be imposed on a cession ofconcurrent criminal jurisdiction or a grant of consent to use land or close apublic road, to reserve:

1. Its right to tax all the personal property, allactivities of persons and all buildings erected on the land to the extentpermitted by law;

2. All civil and political rights, including the rightof suffrage, which persons residing on the land would have had if the cessionwere not made;

3. Its right to control, maintain and operate allstate highways constructed upon the land;

4. Its jurisdiction over the appropriation of water,including the full power to control and regulate its acquisition, distribution,diversion, control and use;

5. The right of the State and its citizens to prospectfor, mine and remove all deposits of minerals, including oil and gas;

6. Its authority to serve and execute all civil andcriminal process issued by any court of competent jurisdiction or publicofficer having authority to issue such process and any order issued by such acourt which is necessary to be served upon any person who is on the land or anybuilding erected on it, in the same way and manner as if jurisdiction had notbeen ceded;

7. Its criminal and civil jurisdiction, other thanthat expressly ceded, to the extent permitted by law; and

8. Such other legislative jurisdiction over the landas does not interfere with the express purpose of the cession or consent,

and toimpose a condition that the jurisdiction ceded or consent granted to the UnitedStates continues only as long as the land belongs to the United States and isheld by it for the purpose for which jurisdiction is ceded or consent isgranted and in compliance with each of the conditions and reservations of thecession or grant.

(Added to NRS by 1981, 919)

NRS 328.100 Resolutionceding state jurisdiction: Contents; delivery; recordation.

1. The cession of jurisdiction by the State must beevidenced by a resolution signed on behalf of the State by the President of theSenate and Speaker of the Assembly and attested to by the Secretary and ChiefClerk of those houses, respectively, or by the Chairman and Secretary of theLegislative Commission. The resolution must then be delivered to the Secretaryof State, who shall affix the Seal of the State thereto and shall thereupondeliver it to the United States.

2. The resolution must contain an accurate descriptionof the land, a statement of the jurisdiction ceded to the United States, thepurpose of the cession and all power, authority and jurisdiction reserved tothe State.

3. The cession of jurisdiction does not vest untilcertified copies of it have been filed with the State Land Registrar andrecorded in the offices of the county recorders of the counties in which theland is located.

[13:108:1947; 1943 NCL 2898.13](NRS A 1981, 920)

NRS 328.110 Conditionsfor recording conveyances where United States is grantee; protection ofsubsequent purchaser.

1. A recorder of conveyances of real property in thisstate shall not accept for recordation any deed of conveyance wherein theUnited States is the grantee unless there is recorded with the deed ofconveyance the written statement of a representative of the United States,contained in the deed, or a notarized statement by such a representativeaccompanying it, that the United States does not seek exclusive jurisdictionover the property.

2. A deed of conveyance, patent, decree or otherinstrument vesting in the United States the title to land within this state isnot effective as to a subsequent purchaser of that land if he takes in goodfaith, for a valuable consideration and without notice of ownership of thatland by the United States until the United States records such an instrument inthe counties in which the land or any part of it is located.

[8:108:1947; 1943 NCL 2898.08](NRS A 1977, 153;1981, 921)

NRS 328.120 StateEngineer to give technical and engineering advice on water rights, reclamation,control of floods and protection of watersheds. Onmatters under the provisions of NRS 328.065to 328.135, inclusive, affecting waterrights, reclamation, flood control and watershed protection, the LegislativeCommission shall call upon the State Engineer for technical and engineeringadvice, and the water law of this state is the rule of decision in all mattersrelating to water rights.

[14:108:1947; 1943 NCL 2898.14](NRS A 1981, 921)

NRS 328.135 Offeror agreement for cession of state jurisdiction before June 2, 1981:Construction; effect of noncompliance with federal or state laws. Any offer or agreement by the State of Nevada to grant acession of jurisdiction before June 2, 1981, must be construed according to thelaw in effect at the time of the cession. If any condition of the federal orstate laws which were in force at that time has not been complied with beforeJune 2, 1981, the States conditional cession of jurisdiction is declared to bevoid and of no effect, and as to such land the State retains the entirejurisdiction it exercised or was entitled to exercise when the United Statesacquired the land.

(Added to NRS by 1981, 920)

STATE CONSENT TO ACQUISITION OF LAND FOR FEDERAL PURPOSES

NRS 328.195 Conditionsfor state consent to federal acquisition of land for wildlife refuge.

1. The consent of the State of Nevada to theacquisition of lands by the United States for wildlife refuges pursuant to theMigratory Bird Conservation Act of 1929, as amended, 16 U.S.C. 715, et seq.,whether in fee or by lease or easement, may be granted only if recommended bythe planning agency within whose jurisdiction the land is located and approvedby the Legislature by law.

2. As used in this section, planning agency means:

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

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

(Added to NRS by 1981, 920)

SPECIFIC CONSENTS TO ACQUISITION OF LANDS BY UNITED STATES;JURISDICTION OVER CERTAIN LANDS CEDED TO UNITED STATES

Clark County

NRS 328.210 Saleof real property authorized for site of Hoover Dam reservoir (1933).

1. The Board of Capitol Commissioners of the State ofNevada is hereby authorized and empowered to sell and convey the SE 1/4 of NE1/4, the E 1/2 of SW 1/4 of NE 1/4, and the E 1/2 of NE 1/4 of SE 1/4 of section33, T. 16 S., R. 68 E., M.D.B. & M., containing 80 acres in the county ofClark, State of Nevada, to the United States of America for the price fixed bythe appraised value thereof, and which has been offered therefor by theofficials of the United States Bureau of Reclamation.

2. The net amount of money received from the sale ofsuch land, after payment of all necessary costs of conveyance, shall be placedin the General Fund of the State.

[1:27:1933] + [2:27:1933]

NRS 328.220 Saleof real property authorized (1941).

1. The Board of Control of the State of Nevada ishereby authorized and empowered to sell and convey and do all things whatsoevernecessary or incident to effect the conveyance to the United States of Americaof the E 1/2 of the SW 1/4 of the NE 1/4; E 1/2 of the NE 1/4 of the SE 1/4;and the SE 1/4 of the NE 1/4 of section 33, T. 16 S., R. 68 E., M.D.B. & M.

2. The title to the land shall be conveyed to theUnited States by deed in such form as the Attorney General shall prescribe, andshall have the Great Seal of the State of Nevada affixed by the Secretary ofState.

3. The price to be paid by the United States for thelands, as fixed and determined, is the sum of $600, which shall be deposited inthe General Fund of the State.

[1:33:1941] + [2:33:1941] + [3:33:1941]

Douglas County

NRS 328.240 Jurisdictionceded over land for use of Indian School (1897).

1. The jurisdiction of the State of Nevada is herebyceded to the United States of America over the following lots, pieces andparcels of land, situate, lying and being in Douglas County, State of Nevada,and bounded and particularly described as follows: The E 1/2 of Lot 2 of the NW1/4 of section 5 in T. 14 N., R. 20 E., M.D.B. & M., containing 38.66acres; the land to be used and occupied by the United States of America for theuse and benefit of the Indian School now situate in Carson City, Nevada, andadjoining the land over which jurisdiction is hereby ceded.

2. Jurisdiction over the land is hereby retained bythe State of Nevada for the purpose of the service of all criminal and civilwrits and process thereon and therein.

3. This section shall remain in full force and effectas long as the United States of America shall use and occupy the land for theuses and purposes stated herein.

[1:46:1897] + [2:46:1897] + [3:46:1897](NRS A 1969,330)

Lyon County

NRS 328.250 Consentto acquisition of site for federal building in Yerington (1937).

1. The consent of the State of Nevada is hereby given,in accordance with Clause 17 of Section 8 of Article I of the Constitution ofthe United States, to the acquisition by the United States of thefollowing-described land in this state as a site for a federal building at Yerington:Lying and being in the City of Yerington, County of Lyon and State of Nevada;beginning at a point in the easterly side of Main Street, which point isdistant northwardly 252.50 feet from the intersection of the easterly side ofMain Street with the northerly side of Broadway Street; running thence in anorthwardly direction along the easterly side of Main Street a distance of 145feet to a point in lands now or formerly owned by Ed Tanner and other lands ofthe Lyon County Bank Mortgage Company; thence in an eastwardly direction alongthe lands of Edward Tanner and the Lyon County Bank Mortgage Company a distanceof 181.80 feet to a point in the westerly side of a 20-foot public alley;thence in a southwardly direction along the westerly side of the 20-foot publicalley a distance of 145 feet to a point in other lands of Mrs. Ida L. KaufmanEstate; thence in a westwardly direction along other lands of Mrs. Ida L.Kaufman Estate and lands now or formerly owned by F. M. Johnson a distance of181.80 feet to a point or place of beginning, being all of Lot 7 and parts ofLots 5, 6 and 10 in Block A in the City of Yerington as the same appears on theofficial plat of Block A in the Office of the County Recorder of Lyon County.

2. The exclusive jurisdiction in and over the landdescribed is hereby ceded to the United States for all purposes, except theservice thereon of all civil and criminal process of the courts of this state,but the jurisdiction so ceded shall continue no longer than the United Statesshall own such lands; and so long as the lands shall remain the property of theUnited States, and no longer, the same shall be and continue exempt andexonerated from all state, county and municipal assessment, taxation or othercharges which may be levied or imposed under the authority of this state.

3. This section shall be in full force and effect fromand after the time the United States shall acquire title to the premises hereindescribed.

[1:45:1937] + [2:45:1937] + [3:45:1937]

Mineral County

NRS 328.260 Jurisdictionceded over U.S.N. Ammunition Depot (1935).

1. The State of Nevada, except as hereinafter reservedand provided, hereby cedes jurisdiction to the United States upon and over theland and within the premises of that certain area situated near Hawthorne,Nevada, in Mineral County, commonly known as the U.S.N. Ammunition Depot,comprising all of that certain area now occupied by the Federal Government inconnection with the plant, including all the buildings and improvementsthereon.

2. It is hereby reserved and provided by the State ofNevada that any private property upon the lands or premises shall be subject totaxation by the State, or any subdivision thereof having the right to levy andcollect such taxes, but any property upon or within such premises which belongsto the Government of the United States shall be free of taxation by the State,by the county of Mineral, or any of its subdivisions.

3. The State of Nevada reserves the right to serve orcause to be served, by any of its proper officers, any criminal or civilprocess upon such land or within such premises for any cause there or elsewherein the State arising, where such cause comes properly under the jurisdiction ofthe laws of this state or any subdivision thereof.

[1:144:1935] + [2:144:1935] + [3:144:1935](NRS A1957, 9)

Nye County

NRS 328.270 Conveyanceauthorized to United States for site for post office and federal building in Tonopah(1939). The Board of County Commissioners ofNye County, State of Nevada, acting as the Town Board of the Town of Tonopah,an unincorporated town, in Nye County, State of Nevada, through its properofficers, is hereby empowered, authorized and directed to make, execute anddeliver, upon such terms as may be agreed upon, to the United States ofAmerica, for the purpose of erection thereon of a post office and federalbuilding and for other purposes, a good and sufficient deed conveying to theUnited States of America in fee simple absolute, subject to certain miningrights as reserved in such land, the following-described real property, situatewithin the limits of the Town of Tonopah, Nye County, State of Nevada: All ofLot 7 of Block D of the Town of Tonopah, Nye County, State of Nevada, now beingused as a street and being a part of Bryan Avenue of the Town of Tonopah, NyeCounty, State of Nevada, also a portion of St. Patrick Street, beingapproximately 10 feet of St. Patrick Street of the Town of Tonopah, Nye County,State of Nevada, and being that certain footage to a depth of approximately 10feet of St. Patrick Street, as adjoins and extends along the westerly ends ofLots 5, 6, 7, and 5 feet of Lot 8, all in Block D of the Town of Tonopah, Nye County,State of Nevada, as shown and delineated upon the Walter C. Gayhart survey platof the Town of Tonopah, Nye County, State of Nevada, on file in the Office ofthe County Recorder of Nye County, State of Nevada, and as shown and delineatedupon the W. V. Richardson survey map of the Town of Tonopah, Nye County, Stateof Nevada, as approved by the Board of County Commissioners of Nye County,State of Nevada, on July 2, 1907.

[1:51:1939]

NRS 328.280 Consentto acquisition of site for post office and federal building in Tonopah (1939).

1. The consent of the State of Nevada is hereby given,in accordance with Clause 17 of Section 8 of Article I of the Constitution ofthe United States, to the acquisition by the United States of thefollowing-described land in this state as the site for a post office andfederal building in the Town of Tonopah, Nye County, State of Nevada: Beginningat a point on the westerly side of Main Street, Town of Tonopah, Nye County,State of Nevada, the point being the southeast corner of Block D, as shown anddelineated on the Walter C. Gayhart survey plat of the Town of Tonopah, NyeCounty, State of Nevada, on file in the Office of the County Recorder of NyeCounty, State of Nevada, and as shown and delineated on the W. V. Richardsonsurvey map of the Town of Tonopah, Nye County, State of Nevada, as approved bythe Board of County Commissioners July 2, 1907; thence north 4811west 120 feet to the southeast corner of Lot No. 5 of Block D, which is thesoutheast corner of the proposed site for the post office and federal building;thence north 4811 west 90 feet to the northeastcorner of the proposed site for the post office and federal building, thenortheast corner being located in Lot 8 of Block D; thence south 4149west 110 feet to the northwest corner of the proposed site for the post officeand federal building; thence south 5112 east 90 feet to the southwestcorner of the proposed site for the post office and federal building; thencenorth 4149 east 106 feet to the southeastcorner of the proposed site for the post office and federal building, the placeof beginning; being a tract of land on the westerly side of Main Street of theTown of Tonopah, Nye County, State of Nevada, with a frontage of approximately90 feet on Main Street, extending westwardly 110 feet to the easterly side ofSt. Patrick Street of the Town of Tonopah, Nye County, State of Nevada; alsobeing described as Lots 5, 6, 7, and easterly 5 feet of Lot 8, in Block D, Townof Tonopah, County of Nye, State of Nevada, and a portion, approximately 10feet of St. Patrick Street of the Town of Tonopah, Nye County, State of Nevada,and being that certain footage to a depth of approximately 10 feet of St.Patrick Street, as adjoins and extends along the westerly ends of Lots 5, 6, 7,and 5 feet of Lot 8, all in Block D.

2. The exclusive jurisdiction in all the landdescribed is hereby ceded to the United States for all purposes except theservice thereon of all civil and criminal process of the courts of this state,but the jurisdiction so ceded shall continue no longer than the United Statesshall own such land; and so long as the land shall remain the property of theUnited States, and no longer, the same shall be exempt and continue exempt andexonerated from all state, county, and municipal assessment, taxation or othercharges which may be levied or imposed under the authority of this state.

[1:52:1939] + [2:52:1939]

Carson City

NRS 328.290 Landfor cooperative fire protection headquarters and nursery site to be conveyed toUnited States (1941).

1. After March 28, 1941, the State Board of Control ofthe State of Nevada is hereby authorized and directed to make, execute anddeliver, without cost, to the United States of America, for cooperative fireprotection headquarters and nursery site in addition to administrative purposesof the Forest Service, Department of Agriculture, a conveyance of thefollowing-described real property in Carson City, Nevada: That portion of the N1/2 of the SW 1/4 of the NW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. &M., lying west of the westerly state highway right-of-way line, approximately16 acres.

2. The conveyance of the real property shall be bydeed in such form as the Attorney General of the United States shall prescribeand shall bear the Seal of the State of Nevada affixed by the Secretary ofState of the State of Nevada; provided:

(a) The conveyance shall contain the condition that inthe event no physical improvements, such as buildings or dwellings, shall havebeen constructed upon such real property within 5 years after March 28, 1941,or if the use of such real property for all such administrative purposes asdescribed in subsection 1 should be discontinued for a period of 5 years, thereal property shall be deemed relinquished and by proper conveyance shall bereconveyed by the United States of America to the State of Nevada; and

(b) The conveyance shall contain no term or termswhereby will be surrendered or cause to be surrendered any jurisdiction of thisstate over the lands and people and property thereon situate that the State nowpossesses over the public domain belonging to the United States within thisstate.

[1:149:1941] + [2:149:1941](NRS A 1969, 331)

Pershing County

NRS 328.300 Consentto acquisition of site for post office and federal building in Lovelock (1937).

1. The consent of the State of Nevada is hereby given,in accordance with Clause 17 of Section 8 of Article I of the Constitution ofthe United States, to the acquisition by the United States of thefollowing-described land in this state as the site for a post office andfederal building at the City of Lovelock, Pershing County, State of Nevada:Beginning at a point on the southerly side of Block 3 and the northerly side ofMain Street; such point being southeasterly 36 feet and 6 inches from thesouthwesterly corner of Block 3 as shown on the official map of the City of Lovelockand identical with the southwesterly corner of the tract of E. K. Hanson;thence northeasterly and at right angles to the northerly side of Main Street112 feet to a point identical with the northeasterly corner of the tract of E.K. Hanson; thence northwesterly and parallel to the northerly side of MainStreet 36 feet and 6 inches to a point on the easterly side of Dartmouth Avenueand identical with the northwesterly corner of the tract of E. K. Hanson;thence northeasterly along the easterly side of Dartmouth Avenue 68 feet to apoint; thence southeasterly and at right angles to the easterly side ofDartmouth Avenue 105 feet to a point; thence southwesterly and parallel to theeasterly side of Dartmouth Avenue 180 feet to a point on the northerly side ofMain Street; thence northwesterly along the northerly side of Main Street 68feet and 6 inches to a point, the place of beginning, such tract being aportion of Lots 3, 4, 5, and 6 as shown on the official map of the City ofLovelock; and also a portion of the SW 1/4 SW 1/4 NW 1/4 of section 26, T. 27N., R. 31 E., M.D.B. & M., beginning at the southwest corner of Block 3 asshown on the official map of the City of Lovelock and at the northeast cornerof the intersection of Main Street and Dartmouth Avenue; and thencenortheasterly 112 feet along the easterly side of Dartmouth Avenue to a point;thence southeasterly and at right angles to the easterly side of DartmouthAvenue 36 feet and 6 inches to a point; thence southwesterly and parallel tothe easterly side of Dartmouth Avenue 112 feet to a point on the northerly sideof Main Street; thence northwesterly along the northerly side of Main Street 36feet and 6 inches to a point, the place of beginning; such tract being aportion of the southwesterly corner of Lot 4 and the westerly ends of Lots 5and 6 as shown on the official map of the City of Lovelock, and also a portionof the SW 1/4 SW 1/4 NW 1/4 of section 26, T. 27 N., R. 31 E., M.D.B. & M.

2. The exclusive jurisdiction in and over the landdescribed is hereby ceded to the United States for all purposes, except theservice thereon of all civil and criminal process of the courts of this state,but the jurisdiction so ceded shall continue no longer than the United Statesshall own such lands; and so long as the lands shall remain the property of theUnited States, and no longer, the same shall be and continue exempt andexonerated from all state, county and municipal assessment, taxation or othercharges which may be levied or imposed under the authority of this state.

[1:140:1937] + [2:140:1937]

Washoe County

NRS 328.310 Conveyanceby City of Reno to United States for veterans hospital (1937). The City Council of the City of Reno, Washoe County, Stateof Nevada, through its proper officers, is hereby empowered, authorized anddirected to make, execute and deliver, without charge, to the United States ofAmerica, for the purpose of the erection thereon of a veterans hospital, andfor other purposes, a good and sufficient deed conveying to the United Statesof America in fee simple absolute the following-described real property,situate within the City of Reno, Washoe County, State of Nevada: All of Blocks10 and 13 of Burkes Addition to the City of Reno according to the official mapthereof on file in the Office of the County Recorder of Washoe County, Nevada,and all of Crampton Street lying between Blocks 10 and 13 and all alleys inBlocks 10 and 13, the alleys and portion of Crampton Street having been vacatedby order of the City Council of the City of Reno on July 13, 1936.

[1:2:1937]

NRS 328.320 Conveyanceby County Commissioners to United States for garage and repair shop (1939). The Board of County Commissioners of Washoe County,Nevada, is hereby authorized and granted the power to dispose, transfer andconvey to the United States of America, with or without compensation and uponsuch terms as the Board may determine, the following-described lands situate inWashoe County, Nevada: Commencing at the intersection of the north and southline on the east side of the NW 1/4 of SE 1/4 of section 12, T. 19 N., R. 19E., M.D.B. & M., and the south side of Second Street as extended throughthe east city limits of Reno, Nevada; thence southerly along the east line ofthe NW 1/4 of SE 1/4 section 12, 726 feet; thence westerly paralleling SecondStreet 300 feet; thence northerly paralleling the east line of the NW 1/4 of SE1/4, section 12, 726 feet, to the south side of Second Street; thence easterlyalong the south side of Second Street 300 feet to the place of commencing,containing 5.00 acres, more or less, for and in consideration of the agreementby the United States Government to construct a garage and repair shop thereonto be used by the various governmental agencies of the United States and tomaintain the same; provided:

1. That the conveyance shall be conditioned that theland conveyed shall be for a public use; and

2. That the State of Nevada reserves the right to taxpersons and corporations and their property situate on the lands pursuant toits tax and revenue laws, and the State hereby retains its civil and criminaljurisdiction over all persons within or who may come within any of the landsexcept as to offenses against the United States, and all such persons shallretain all their rights and privileges and perform their duties as citizens andinhabitants of the State according to its law.

[1:45:1939]

White Pine County

NRS 328.330 Conveyanceby County Commissioners of land within Lehman Cave National Monument (1931).

1. The Board of County Commissioners of White PineCounty, Nevada, are hereby authorized and empowered to deed or otherwise conveyto the Federal Government, for such purposes and under such conditions as theBoard of County Commissioners may deem fit, with or without monetaryconsideration therefor, the real property hereinafter described.

2. The real property referred to in subsection 1, andby the terms of this section authorized to be by the Board of CountyCommissioners of White Pine County, Nevada, deeded or otherwise transferred tothe Federal Government is described as follows: That certain lot and parcel ofland within the boundaries of Lehman Cave National Monument in partly surveyedT. 13 N., R. 69 E., M.D.B. & M. (which was set aside and proclaimed January24, 1922), which lot and parcel of land is also within the boundaries ofHomestead Entry Survey No. 149, embracing 46.97 acres.

3. If the Board of County Commissioners of White PineCounty, Nevada, shall consider that benefits to accrue to White Pine County andto the State of Nevada by disposing of such lands to the Federal Government forother than monetary consideration may be justified by so doing, the Board ofCounty Commissioners is hereby authorized and empowered to transfer the landsto the Federal Government for such other consideration as to the Board may bedeemed just.

[1:104:1931] + [2:104:1931] + [3:104:1931]

NRS 328.340 Conveyanceby State of land within Lehman Cave National Monument (1935). After March 27, 1935, the State Board of Control of theState of Nevada is hereby authorized and directed to make, execute and deliverto the United States of America, for the purpose of being a national monument,a conveyance of the following-described real property: That certain lot andparcel of land within the boundaries of Lehman Cave National Monument in partlysurveyed T. 13 N., R. 69 E., M.D.B. & M. (which was set aside andproclaimed January 24, 1922), which lot and parcel of land is also within theboundaries of Homestead Entry Survey No. 149, embracing 46.97 acres, and whichlot and parcel of land is further described as follows: Beginning at a pointwhich is the southwesterly corner of Homestead Entry Survey No. 149 and runningalong the westerly boundary line of such homestead entry northwesterly for adistance of 200 feet; running thence at a right angle in a northeasterlydirection and parallel to the southerly boundary line of such homestead entryfor a distance of 150 feet; running thence at a right angle approximately in asoutheasterly direction and parallel to the westerly line of such homesteadentry for a distance of 200 feet to an intersection with the southerly line ofsuch homestead entry; running thence along the southerly boundary and in asouthwesterly direction for a distance of 150 feet to the point and place ofbeginning, all of which lot and parcel of land if surveyed would be situate inthe NE 1/4 of the NW 1/4 of section 15, T. 13 N., R. 69 E., M.D.B. & M.,and embraces 0.688 acre, more or less.

[1:107:1935]

NRS 328.350 Consentto acquisition of site for federal building in Ely (1937).

1. The consent of the State of Nevada is hereby given,in accordance with Clause 17 of Section 8 of Article I of the Constitution ofthe United States, to the acquisition by the United States of thefollowing-described land in this state as a site for a federal building at Ely:Lying and being in the City of Ely, County of White Pine, State of Nevada;beginning at a point being the intersection of the westerly line of Fifth Streetwith the southerly line of Clark Street; running thence south 796west 125 feet to a point in the south line of Clark Street; thence south 1054east 100 feet to a point in the north line of a 15-foot public alley; thencenorth 796 east 125 feet to a point in thewest line of Fifth Street; thence north 1054 west 100 feet to the point orplace of beginning, being all of Lots 7, 8, 9, 10 and 11 of Block Y, as shownand delineated upon the map or plat of the Townsite of Ely, filed and recordedin the Office of the County Recorder of White Pine County, Nevada.

2. The exclusive jurisdiction in and over the landdescribed is hereby ceded to the United States for all purposes, except theservice thereon of all civil and criminal process of the courts of this state,but the jurisdiction so ceded shall continue no longer than the United Statesshall own such lands; and so long as the lands shall remain the property of theUnited States, and no longer, the same shall be and continue exempt andexonerated from all state, county and municipal assessment, taxation or othercharges which may be levied or imposed under the authority of this state.

[1:6:1937] + [2:6:1937]

NRS 328.360 Consentto acquisition of lands to facilitate administration of national forest affairs(1937).

1. The consent of the State of Nevada is hereby given,in accordance with Clause 17 of Section 8 of Article I of the Constitution ofthe United States, to the acquisition by the United States of thefollowing-described land in White Pine County, Nevada, desired to facilitatethe administration of the Nevada national forest affairs:

(a) In T. 14 N., R. 58 E., M.D.B. & M., the SW 1/4of the SE 1/4 of section 27, the SW 1/4 of the SE 1/4 of section 28, the N 1/2of the NE 1/4 and the SE 1/4 of the NE 1/4 of section 34; and the NW 1/4 of theNE 1/4, the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of section 35.

(b) In T. 15 N., R. 58 E., M.D.B. & M., the SE 1/4of the NE 1/4 and the NE 1/4 of the SE 1/4 of section 3, the NW 1/4 of the NE1/4 of section 10, the NE 1/4 of the NE 1/4 of section 11, the SW 1/4 of the NW1/4 of section 12, the S 1/2 of the NE 1/4 and the E 1/2 of the SE 1/4 ofsection 24, and the SE 1/4 of the NE 1/4 and the E 1/2 of the SE 1/4 of section36.

(c) In T. 16 N., R. 58 E., M.D.B. & M., the W 1/2of the SE 1/4 and the W 1/2 of the SW 1/4 of section 24, the NW 1/4 of the NW1/4 and the S 1/2 of the SW 1/4 of section 25, and the SE 1/4 of the NE 1/4 andthe NE 1/4 of the SE 1/4 of section 26.

(d) In T. 17 N., R. 58 E., M.D.B. & M., the NW 1/4of the NE 1/4, the S 1/2 of the NW 1/4 and the NE 1/4 of the NW 1/4 of section34; and the W 1/2 of the NE 1/4, the NE 1/4 of the NW 1/4 and the NW 1/4 of theSE 1/4 of section 36.

(e) In T. 18 N., R. 58 E., M.D.B. & M., the E 1/2of the SE 1/4 of section 1, the NE 1/4 of the NE 1/4 of section 2, the SE 1/4of the NE 1/4 of section 10, the E 1/2 of the SW 1/4 of section 11; the N 1/2of the N 1/2, the E 1/2 of the SE 1/4, the SW 1/4 of the NW 1/4 and the NW 1/4of the SW 1/4 of section 12; the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE1/4 of section 15, the S 1/2 of the SW 1/4 of section 23, the SW 1/4 of the SE1/4 of section 24, the NW 1/4 of the NE 1/4 of section 25, the N 1/2 of the NW1/4 and the NE 1/4 of the NE 1/4 of section 26, the NE 1/4 of the NE 1/4 ofsection 35; and the N 1/2 of the SE 1/4, the NW 1/4 of the NW 1/4 and the SE1/4 of the NW 1/4 of section 36.

(f) In T. 13 N., R. 59 E., M.D.B. & M., the NE 1/4of the NE 1/4, the SW 1/4 of the NE 1/4 and the W 1/2 of the SW 1/4 of section6; the NW 1/4 of the NW 1/4, the W 1/2 of the SW 1/4 and the SE 1/4 of the SE1/4 of section 7; the SE 1/4 of the SE 1/4, the NW 1/4 of the SE 1/4, the NE1/4 of the SW 1/4 and the SW 1/4 of the NW 1/4 of section 13; the SE 1/4 of theNE 1/4 and the NW 1/4 of the SE 1/4 of section 14, the NE 1/4 of the SE 1/4 ofsection 15, the SW 1/4 of the NW 1/4 of section 17; the SE 1/4 of the NE 1/4,the NE 1/4 of the SE 1/4, the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4of section 18; the NW 1/4 of the NE 1/4 of section 20, the NW 1/4 of the SW 1/4of section 21; the SW 1/4 of the NE 1/4, the N 1/2 of the SE 1/4 and the SW 1/4of section 31; and the N 1/2 of the SW 1/4 and the SE 1/4 of the SW 1/4 ofsection 32.

(g) In T. 13 N., R. 60 E., M.D.B. & M., the NW 1/4of the SW 1/4 of section 6, the SW 1/4 of section 18; the NE 1/4 of the NW 1/4,the SW 1/4 of the NE 1/4 and the N 1/2 of the SE 1/4 of section 19; and the NW1/4 of the SW 1/4 of section 20.

(h) In T. 14 N., R. 59 E., M.D.B. & M., the SW 1/4of the SE 1/4 of section 5, the NE 1/4 of the SE 1/4 of section 7, the W 1/2 ofthe SW 1/4 and the SW 1/4 of the NW 1/4 of section 8, the NW 1/4 of the NW 1/4of section 17, the NE 1/4 of the NE 1/4 of section 18, the E 1/2 of the SW 1/4of section 28; the SW 1/4 of the SW 1/4, the NE 1/4 of the SW 1/4, the N 1/2 ofthe SE 1/4, the E 1/2 of the NE 1/4 and the SW 1/4 of the NE 1/4 of section 32;the N 1/2 of the N 1/2 and the SW 1/4 of the NW 1/4 of section 33, the N 1/2 ofthe NW 1/4, and the NW 1/4 of the NE 1/4 of section 34, and the NE 1/4 of theNW 1/4 of section 36.

(i) In T. 12 N., R. 60 E., M.D.B. & M., the S 1/2of the S 1/2 and the N 1/2 of the SW 1/4 of section 5; and the S 1/2 of the NW1/4, the SW 1/4 of the NE 1/4, the N 1/2 of the SE 1/4 and the SE 1/4 of the SE1/4 of section 6.

2. The State of Nevada hereby reserves the right totax persons and corporations and their property situate on the described landspursuant to its tax and revenue laws; and the state hereby retains its civiland criminal jurisdiction over all persons within or who may come within anylands, except as to offenses against the United States, and all such personsshall retain all their rights and privileges and perform their duties as citizensand inhabitants of the state according to its laws.

[1:178:1937] + [2:178:1937]

NRS 328.370 Conveyanceby State of land within Lehman Cave National Monument; correcting descriptionerror in deed given pursuant to NRS 328.340 (1945).

1. After March 5, 1945, the State Board of Control ofthe State of Nevada is hereby authorized and directed to make, execute anddeliver to the United States of America, for the purpose of being a nationalmonument, a conveyance of the following-described real property, being thatcertain lot and parcel of land within the boundaries of Lehman Cave NationalMonument in partly surveyed T. 13 N., R. 69 E., M.D.B. & M. (which was setaside and proclaimed January 24, 1922), which lot and parcel of land to beconveyed is a part of Homestead Entry Survey No. 149, embracing a portion ofapproximately sections 10 and 15 in T. 13 N., R. 69 E., M.D.B. & M., andwhich lot, piece or parcel of land is particularly described as follows:Commencing at corner No. 2 of Homestead Entry Survey No. 149 as described inthe patent issued by the United States of America of such homestead entry, andrunning thence along side line of such homestead entry north 7007east, 214.5 feet, thence north 3244 west 21.41 feet to the place ofbeginning; thence first course, north 3244 west 150 feet; thence secondcourse, north 5131 east 200 feet; thence thirdcourse, south 3244 east 150 feet; thence fourthcourse, south 5131 west 200 feet to the point ofbeginning.

2. The deed is given to correct the description in thatcertain deed heretofore made and executed and delivered by the parties of thefirst part to the party of the second part pursuant to the provisions of NRS 328.340 and which is of record in theOffice of the County Recorder of White Pine County, Nevada.

[1:33:1945]

NRS 328.380 Exchangeof lands by County Commissioners and United States authorized (1945).

1. The Board of County Commissioners of White PineCounty, Nevada, is hereby authorized to exchange with the United StatesDepartment of the Interior those certain lands situate in White Pine County,Nevada, the title of which is vested in White Pine County, described asfollows: The N 1/2 of the SW 1/4 of section 10, T. 12 N., R. 60 E., and the NE1/4 of the SE 1/4 of section 33, T. 11 N., R. 62 E., M.D.B. & M., situatein White Pine County, State of Nevada, for those certain lands situate in WhitePine County, Nevada, now a part of the public domain, the title of which isvested in the United States of America, which lands are described as follows:The SW 1/4 of the SE 1/4, and the N 1/2 of the SE 1/4 of section 36, T. 17 N.,R. 63 E., M.D.B. & M., situate in White Pine County, State of Nevada.

2. For the purpose of making the exchange of landsreferred to in subsection 1, the Board of County Commissioners is authorized todo each and every act as may be necessary and proper to effect such exchange asrequired to be done under the provisions of section 8 of that certain act knownas the Taylor Grazing Act, approved March 28, 1934, and being 8 U.S.C.A. 3159, including the execution and delivery to the United States of America of awarranty deed to the county-owned lands described in subsection 1.

[1:103:1945] + [2:103:1945]

EXCHANGES OF FEDERAL AND PRIVATE LANDS

NRS 328.400 Divisionof State Lands to provide information and assistance for exchanges.

1. As used in this section, property meansunimproved real property in this state owned by a Nevada resident.

2. The Division of State Lands of the State Departmentof Conservation and Natural Resources shall:

(a) Maintain a current list of:

(1) Federal land in Nevada which an appropriatefederal agency indicates to the Division is available for exchange; and

(2) Nevada residents who indicate to theDivision a desire to exchange their property for such federal land.

(b) Assist a property owner in any manner and to theextent appropriate to effectuate an exchange of his property for federal landsituated in Nevada where the property owner:

(1) Has filed an exchange proposal with theappropriate federal agency; and

(2) Has submitted a copy of the exchangeproposal to the Division.

(Added to NRS by 1975, 1177)

DISPOSITION OF REVENUE RECEIVED BY STATE FROM LEASE OFFEDERAL LANDS

NRS 328.450 Depositin State Distributive School Account in State General Fund; deposit of excessin Account for Revenue from Lease of Federal Lands; interest and income.

1. The State Treasurer shall deposit in the StateDistributive School Account in the State General Fund money received in eachfiscal year pursuant to 30 U.S.C. 191 in an amount not to exceed $7,000,000.

2. Any amount received in a fiscal year by the StateTreasurer pursuant to 30 U.S.C. 191 in excess of $7,000,000 must be depositedin the Account for Revenue from the Lease of Federal Lands, which is herebycreated.

3. The interest and income earned on the money in theAccount, after deducting any applicable charges, must be credited to theAccount.

(Added to NRS by 1985, 806; A 1987, 415; 1995, 2809)

NRS 328.460 Accountfor Revenue from Lease of Federal Lands: Apportionment of money by StateController. The State Controller shallapportion money in the Account for Revenue from the Lease of Federal Lands asfollows:

1. Twenty-five percent to the State DistributiveSchool Account in the State General Fund.

2. Seventy-five percent to the counties from which thefuels, minerals and geothermal resources are extracted. Of the amount receivedby each county, one-fourth must be distributed to the school district in thatcounty.

(Added to NRS by 1985, 806; A 1987, 416; 1995, 643,2809)

NRS 328.470 Accountfor Revenue from Lease of Federal Lands: Money payable to counties.

1. The State Controller shall ascertain from thereports received by the State Treasurer the portion of money in the Account forRevenue from the Lease of Federal Lands attributable to activities in eachcounty and apportion the money payable to counties accordingly.

2. All money received:

(a) By the County Treasurer pursuant to this sectionmust be deposited in the general fund of the county or the county schooldistrict fund, as the case may be; and

(b) By a county or school district must be used for:

(1) Construction and maintenance of roads andother public facilities;

(2) Public services; and

(3) Planning.

(Added to NRS by 1985, 806)

MISCELLANEOUS PROVISIONS

NRS 328.500 AttorneyGeneral may bring, maintain or intervene in actions concerning public lands toprotect sovereignty of State.

1. The Legislature finds that more than 87 percent ofthe land in the State of Nevada is held by the Federal Government, of which 69percent is public land, and the actions of federal agencies andinstrumentalities involving the public lands and waters appurtenant to andpublic roads over those lands significantly affect the health, safety, welfareand happiness of the citizens of this State and may interfere with thetraditional sovereign functions of the State of Nevada with respect to thoselands, waters and roads and their uses.

2. Except as otherwise provided in subsection 3, theAttorney General may:

(a) On his own initiative or at the request of theGovernor or any state agency, bring and maintain any action; or

(b) Intervene on behalf of or bring and maintain anaction on the relation of, any person in any meritorious case,

in any courtor before any federal agency if any action or proposed action by a federalagency or instrumentality with respect to the public lands or waters appurtenantto or public roads over those lands impairs or tends to impair the sovereigntyof the State of Nevada.

3. The Attorney General may bring an action pursuantto this section if:

(a) The Legislature has appropriated sufficient moneyfor the operation of his office to permit him to bring and maintain the actionuntil its conclusion; or

(b) He has obtained the permission:

(1) From the Legislature, if it is in session,expressed by a concurrent resolution; or

(2) If the Legislature is not in session, fromthe Interim Finance Committee.

4. As used in this section, public lands means alllands within the exterior boundaries of the State of Nevada except lands:

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

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

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

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

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

(Added to NRS by 1981, 663; A 1993, 389)

NRS 328.510 Federallands in Nevada: State Land Registrar to maintain Registry; county assessors tobe advised of taxable status.

1. The State Land Registrar shall:

(a) Create and maintain a Registry of all Lands andInterests in Land in Nevada, other than the unreserved, unappropriated publiclands, owned or held in trust by an agency or instrumentality of the FederalGovernment.

(b) With the advice and assistance of the AttorneyGeneral and the district attorneys, determine and state in the Registry thenature and extent of the Federal Governments jurisdiction over each tract ofland or interest in land entered in the Registry.

2. The Department of Taxation, with the cooperation ofthe State Land Registrar, shall advise the county assessors of:

(a) Those lands and interests in land in the Registrywhich may be taxed and the taxable activities conducted on them; and

(b) Any changes in the taxable status of those landsand interests when the changes come to their knowledge.

(Added to NRS by 1981, 920)

 

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