2005 Nevada Revised Statutes - Chapter 321 — Administration, Control and Transfer of State Lands

Title 26 - PUBLIC LANDS

CHAPTER 321 - ADMINISTRATION, CONTROL ANDTRANSFER OF STATE LANDS

GENERAL PROVISIONS

NRS 321.0005 Legislativedeclaration: Policy regarding use of state lands.

NRS 321.00051 Legislativedeclaration: Acquisition of lands retained by Federal Government.

NRS 321.0006 Definitions.

NRS 321.0007 Divisiondefined.

NRS 321.0008 Trustlands defined.

DIVISION OF STATE LANDS

NRS 321.001 Divisionto acquire, hold and administer state lands; exceptions; procedure forobtaining land for use of state agency.

NRS 321.003 Assignmentof land to state agency; certification of State Land Registrar required beforemaking improvements; lease or sale of state land; use or acquisition of landwithout prior authorization of State Land Registrar prohibited.

NRS 321.005 Noticeto governing body of county or city of transfer of state land; public hearing.

NRS 321.007 Appraisalof land offered for sale or lease; list of qualified appraisers; disclosure byappraiser; prohibited conflict of interest; market value analysis required forcertain leases of residential property.

NRS 321.009 Limited-liabilitycompany to submit disclosure concerning ownership of certain land acquired fromState Land Registrar; public inspection of disclosure.

STATE LAND OFFICE AND STATE LAND REGISTRAR

NRS 321.010 StateLand Office created; State Land Registrar; appointment of Deputy and staff.

NRS 321.030 Officeof State Land Registrar: Place; office hours.

NRS 321.040 Recordsof State Land Office: Duties of State Land Registrar.

NRS 321.050 Statementof land acquired, leased or otherwise disposed of in county to be furnished to countyassessors.

NRS 321.055 Noticeof tax delinquency by county assessor: Contents.

NRS 321.060 Sealof State Land Office: Use; admission in evidence of documents bearing Seal.

NRS 321.065 Feesof State Land Registrar.

NRS 321.067 RevolvingAccount for Land Management.

NRS 321.070 Appropriationof money for State Land Office.

ACCEPTANCE, SELECTION AND TRANSFER OF LANDS

NRS 321.090 Selectionof lands by State Land Registrar.

NRS 321.110 Acceptanceof land grants by Governor or State Land Registrar; legislative policy forState to negotiate for unconditional land grants.

NRS 321.125 Saleof state land to public agency or local government.

NRS 321.135 Transferof state park to local government.

NRS 321.140 Reimbursementfor unlocated land warrant from State Permanent School Fund.

NRS 321.300 Contractorsand patentees deemed to have right to exclusive possession or fee simple title,including all gas, coal, oil and oil shales, subject to royalty payments.

PATENTS

NRS 321.310 Landacquired by patent from Federal Government to be conveyed by patent.

NRS 321.320 Formand contents of patents.

NRS 321.330 Recordof issued patents.

CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEENMARCH 3, 1887, AND JULY 3, 1997

NRS 321.331 Personsreceiving patent or deed from State required to be confirmed in fee simpletitle to lands and minerals; royalties.

NRS 321.332 Consentof State to action for declaratory judgment to determine rights of State tominerals; service of process on Attorney General; notice to each owner.

NRS 321.333 Optionof plaintiff to purchase interest of State in minerals.

SALES AFTER APRIL 1, 1957

NRS 321.335 Procedure.

RESERVATIONS

NRS 321.339 StateLand Registrar may withhold land from sale.

NRS 321.355 Rights-of-wayreserved to State for public access to other land open for public use.

SALE OF TIMBER

NRS 321.385 Saleby State Land Registrar.

FORT MOHAVE VALLEY DEVELOPMENT LAW

NRS 321.480 Shorttitle.

NRS 321.490 Definitions.

NRS 321.500 Acquisitionof certain lands by State authorized.

NRS 321.510 Powersand duties of Commission: Development, disposal, sale or relinquishment ofland.

NRS 321.520 FortMohave Valley Development Account: Creation; crediting of interest and income;claims.

NRS 321.530 FortMohave Valley Development Account: Deposits; reimbursement of State GeneralFund.

NRS 321.534 Commissionas agent for development and disposal of certain state lands.

NRS 321.536 FortMohave Valley Development Account: Use of money; deposit of receipts.

LINCOLN COUNTY PILOT LAND DEVELOPMENT AND DISPOSAL LAW

NRS 321.540 Shorttitle.

NRS 321.550 Departmentdefined.

NRS 321.560 Acquisitionof lands by State Department of Conservation and Natural Resources authorized.

NRS 321.570 Powersof State Department of Conservation and Natural Resources concerningdevelopment of Lincoln County lands; sale of lands.

NRS 321.580 LincolnCounty Pilot Land Development and Disposal Fund: Creation; use.

NRS 321.590 LincolnCounty Pilot Land Development and Disposal Fund: Receipts to be credited;reimbursement of State General Fund.

LAKE TAHOE

Boundary of Lake

NRS 321.595 Boundarybetween bed of Lake Tahoe and adjacent lands.

 

Protection of Lake Tahoe Basin

NRS 321.5951 Accountfor License Plates for Support of Preservation and Restoration of NaturalEnvironment of Lake Tahoe Basin.

NRS 321.5952 Declarationof legislative intent.

NRS 321.5953 Divisionauthorized to establish and carry out programs to preserve, restore and enhanceLake Tahoe Basin.

NRS 321.5954 Powersand duties of Division and State Land Registrar regarding programs to preserve,restore and enhance Lake Tahoe Basin.

NRS 321.5956 Divisionauthorized to enter into certain agreements; State Land Registrar authorized tomake certain grants and enter into certain contracts and agreements.

NRS 321.5957 Regulations.

MOUNT CHARLESTON

NRS 321.5959 Accountfor License Plates for Support of Natural Environment of Mount Charleston Area.

MANAGEMENT OF CERTAIN PUBLIC LANDS

NRS 321.596 Legislativefindings.

NRS 321.5963 Definitions.

NRS 321.5967 Boardof Review: Creation; composition; Chairman; meetings; quorum; compensation;duties and powers.

NRS 321.597 Divisionto hold and manage public lands; regulations; employment of personnel.

NRS 321.5973 Publiclands and minerals are property of State; rights and privileges under federallaws to be preserved; administration of land to conform with treaties andcompacts.

NRS 321.5977 Objectivesin administering public lands.

NRS 321.598 Disposalof public lands: Legislative authorization required; State Land Registrar maydispose of lands to same extent and in same manner as Federal Government;deposit of proceeds.

NRS 321.5983 Unauthorizeddisposal of public lands void; State authorization required for use, managementor disposal of public lands; injunctions; action to recover considerationreceived from unlawful disposition of public land.

NRS 321.5987 Procedurefor appealing decision of State Land Registrar to Board of Review; hearing.

NRS 321.599 Enforcementof NRS 321.596 to 321.599, inclusive, by Attorney General.

PUBLIC LAND TRUST FUND

NRS 321.601 Creation;payments to local governments in lieu of taxes on public lands. [Effective ondate State obtains unreserved, unappropriated public lands in Nevada pursuantto federal law.]

LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC AND RECREATIONALPURPOSES

NRS 321.605 Declarationof legislative intent.

NRS 321.610 Applicationsfor lease or purchase by State and political subdivisions submitted to StateLand Registrar: Duties of State Land Registrar.

STATE PLANNING OF USE OF LAND

General Provisions

NRS 321.640 Legislativefindings and declaration.

NRS 321.655 Definitions.

 

State Land Use Planning Agency

NRS 321.700 Creation.

NRS 321.710 Administration;activities which have priority; personnel.

NRS 321.720 Dutiesof Administrator concerning local governments.

NRS 321.735 Powersand duties concerning federal lands; action by certain cities and counties notprecluded.

NRS 321.7353 Noticeof federal acquisition of private land to be provided to affected cities andcounties; submission of written comment.

NRS 321.7355 Planor statement of policy concerning lands under federal management.

 

State Consent to Federal Use of Public Land

NRS 321.736 Hearingsand recommendations of local planning agencies.

NRS 321.737 Transferor referral of certain applications to State Engineer.

NRS 321.738 Hearingand recommendation of State Agency.

NRS 321.739 Grantor denial of consent by Governor.

 

Land Use Planning Advisory Council

NRS 321.740 Creation;appointment, number and expenses of members.

NRS 321.750 Duties.

NRS 321.755 ExecutiveCouncil.

 

Resolution of Inconsistencies in Local Plans

NRS 321.761 Technicalassistance; submission of matter to Executive Council.

NRS 321.763 Dutiesof State Agency; adoption, enforcement and expiration of plans and regulations.

 

Planning for Areas of Critical Environmental Concern

NRS 321.770 Dutiesof Administrator and Executive Council.

_________

 

GENERAL PROVISIONS

NRS 321.0005 Legislativedeclaration: Policy regarding use of state lands.

1. The Legislature declares the policy of this stateregarding the use of state lands to be that state lands must be used in thebest interest of the residents of this state, and to that end the lands may beused for recreational activities, the production of revenue and other publicpurposes. In determining the best uses of state lands, the appropriate stateagencies shall give primary consideration to the principles of multiple use andsustained yield as the status and the resources of the lands permit.

2. As used in this section:

(a) Multiple use includes:

(1) The management of state lands and theirvarious resources so that they are used in the combination which will best meetthe needs of the residents of this state;

(2) The use of state lands and some or all oftheir resources or related services in areas large enough to allow for periodicadjustments in the use of the lands to conform to changing needs andconditions;

(3) The use of certain state lands for less thanall of their available resources;

(4) A balanced and diverse use of resourceswhich takes into account the long-term needs of residents of this state forrenewable and nonrenewable resources including, but not limited to,recreational areas, range, timber, minerals, watershed, wildlife and fish, andnatural scenic, scientific and historic areas; and

(5) The harmonious and coordinated management ofstate lands and their various resources without the permanent impairment of theproductivity of the lands and the quality of the environment, withconsideration being given to the relative values of the resources and notnecessarily to the combination of uses that will produce the greatest yield oreconomic return for each parcel of land.

(b) Sustained yield means the maintenance of ahigh-level annual or other periodic yield from the various renewable resourcesof state lands consistent with multiple use.

(Added to NRS by 1987, 400)

NRS 321.00051 Legislativedeclaration: Acquisition of lands retained by Federal Government. The Legislature hereby declares that the public policy ofthis state is to continue to seek the acquisition of lands retained by theFederal Government within the borders of this state.

(Added to NRS by 1989, 1672)

NRS 321.0006 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS321.0007 and 321.0008 have themeanings ascribed to them in those sections.

(Added to NRS by 1997, 962)

NRS 321.0007 Divisiondefined. Division means the Division ofState Lands of the State Department of Conservation and Natural Resources.

(Added to NRS by 1997, 962)

NRS 321.0008 Trustlands defined. Trust lands means thoselands that were granted by the Federal Government to the State of Nevadadirectly or by an exchange for other lands, and are held in trust for the StatePermanent School Fund or another beneficiary.

(Added to NRS by 1997, 962)

DIVISION OF STATE LANDS

NRS 321.001 Divisionto acquire, hold and administer state lands; exceptions; procedure forobtaining land for use of state agency.

1. The Division shall acquire and hold in the name ofthe State of Nevada all lands and interests in land owned or required by theState except:

(a) Lands or interests used or acquired for highwaypurposes;

(b) Lands or interests the title to which is vested inthe Board of Regents of the University of Nevada;

(c) Offices outside state buildings leased by the Chiefof the Buildings and Grounds Division of the Department of Administration forthe use of state officers and employees; or

(d) Lands or interests used or acquired for theLegislature or its staff,

and shalladminister all lands it holds which are not assigned for administration to anotherstate agency.

2. If additional land or an interest in land isrequired for the use of any state agency except the Department ofTransportation or the Nevada System of Higher Education, the agency and theDivision shall select land for use by the agency. The Division shall obtain theapproval of the State Public Works Board if the land will be used for abuilding pursuant to NRS 341.141. TheDivision shall determine the value of that land and obtain the land or interestby negotiation or, if necessary, by exercising the States power of eminentdomain. Title must be taken in the name of the State of Nevada.

3. The Division may acquire and hold land andinterests in land required for any public purpose, including the production ofpublic revenue. Title must be taken in the name of the State of Nevada.

(Added to NRS by 1977, 1123; A 1979, 650, 1320, 1792;1983, 1260; 1989, 2006; 1993, 388, 1555; 1995, 579; 1997, 962)

NRS 321.003 Assignmentof land to state agency; certification of State Land Registrar required beforemaking improvements; lease or sale of state land; use or acquisition of landwithout prior authorization of State Land Registrar prohibited.

1. The State Land Registrar shall assign any land orinterest in land owned by the State of Nevada which is needed for governmentalpurposes to the appropriate state agency for use and administration. Before astate agency erects a building or makes any other permanent improvement on landassigned to it, the agency shall notify the State Land Registrar, in a formprescribed by him, and shall not proceed with the construction or improvementuntil the State Land Registrar certifies the nature of and any encumbrancesagainst the States title to the land, and certifies that the boundaries of theland 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 must bemade upon the best terms available.

3. The State Land Registrar shall execute on behalf ofthe State any lease, deed or other document by which any land or interesttherein owned by the State is conveyed.

4. Notwithstanding any other provision of law, aperson shall not use or acquire state land for any purpose unless he firstobtains written authorization from the State Land Registrar.

5. As used in this section, person includes agovernment, governmental agency and political subdivision of a government.

(Added to NRS by 1977, 1124; A 1991, 1376; 1993, 158;1997, 963)

NRS 321.005 Noticeto governing body of county or city of transfer of state land; public hearing.

1. The State Land Registrar shall provide writtennotice of any proposed sale, lease or transfer of state land to:

(a) The governing body of the city in which the stateland is located if the state land is located in an incorporated city; or

(b) The governing body of the county in which the stateland is located if the state land is not located in an incorporated city.

The noticemust inform the governing body that it may submit comments to the State LandRegistrar concerning the proposed sale, lease or transfer within 30 days afterreceipt of the notice.

2. The governing body of a county or city may hold apublic hearing on the proposed sale, lease or transfer of state land andtransmit public comments received at the hearing to the State Land Registrar.

3. The State Land Registrar shall consider anycomments received from the governing body of a county or city when determiningwhether it is in the best interest of the State to proceed with the sale, leaseor transfer of state land.

(Added to NRS by 1991, 1376)

NRS 321.007 Appraisalof land offered for sale or lease; list of qualified appraisers; disclosure byappraiser; prohibited conflict of interest; market value analysis required forcertain leases of residential property.

1. Except as otherwise provided in subsection 5, NRS 322.063, 322.065 or 322.075, except as otherwise required byfederal law and except for land that is sold or leased pursuant to an agreemententered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any landfor sale or lease, the State Land Registrar shall:

(a) Obtain two independent appraisals of the landbefore selling or leasing it. The appraisals must have been prepared not morethan 6 months before the date on which the land is offered for sale or lease.

(b) Notwithstanding the provisions of chapter 333 of NRS, select the two independentappraisers from the list of appraisers established pursuant to subsection 2.

(c) Verify the qualifications of each appraiserselected pursuant to paragraph (b). The determination of the State LandRegistrar as to the qualifications of an appraiser is conclusive.

2. The State Land Registrar shall adopt regulationsfor the procedures for creating or amending a list of appraisers qualified toconduct appraisals of land offered for sale or lease by the State LandRegistrar. The list must:

(a) Contain the names of all persons qualified to actas a general appraiser in the same county as the land that may be appraised;and

(b) Be organized at random and rotated from time totime.

3. An appraiser chosen pursuant to subsection 1 mustprovide a disclosure statement which includes, without limitation, all sourcesof income of the appraiser that may constitute a conflict of interest and anyrelationship of the appraiser with the owner of the land or the owner of anadjoining property.

4. An appraiser shall not perform an appraisal on anyland offered for sale or lease by the State Land Registrar if the appraiser ora person related to the appraiser within the first degree of consanguinity oraffinity has an interest in the land or an adjoining property.

5. If a lease of land is for residential property andthe term of the lease is 1 year or less, the State Land Registrar shall obtainan analysis of the market value of similar rental properties prepared by alicensed real estate broker or salesman when offering such a property forlease.

(Added to NRS by 2005, 1454; A 2005, 2670, 2680)

NRS 321.009 Limited-liabilitycompany to submit disclosure concerning ownership of certain land acquired fromState Land Registrar; public inspection of disclosure.

1. If the State Land Registrar sells, leases,transfers or conveys land to, or exchanges land with, a domestic or foreignlimited-liability company, the State Land Registrar shall require the domesticor foreign limited-liability company to submit a disclosure to the State LandRegistrar setting forth the name of any person who holds an ownership interestof 1 percent or more in the domestic or foreign limited-liability company. Thedisclosure must be made available for public inspection upon request.

2. As used in this section, land includes all lands,including improvements and fixtures thereon, lands under water, all easementsand hereditaments, corporeal or incorporeal, and every estate, interest andright, legal or equitable, in lands or water, and all rights, interests,privileges, easements, encumbrances and franchises relating to the same,including terms for years and liens by way of judgment, mortgage or otherwise.

(Added to NRS by 2005, 2208)

STATE LAND OFFICE AND STATE LAND REGISTRAR

NRS 321.010 StateLand Office created; State Land Registrar; appointment of Deputy and staff.

1. For the purpose of selecting and disposing of thelands granted by the United States to the State of Nevada, including the 16thand 36th sections, and those selected in lieu thereof, in accordance with theterms and conditions of the several grants of land by the United States to theState of Nevada, a State Land Office is hereby created.

2. The Administrator as executive head of the Divisionis the ex officio State Land Registrar.

3. The State Land Registrar may appoint one DeputyState Land Registrar and such technical, clerical and operational staff as theexecution of his duties and the operation of the State Land Office may require.

[Part 1:85:1885; BH 324; C 302; RL 3196; NCL 5512](NRS A 1957, 648; 1959, 487; 1975, 88; 1985, 414; 1997, 963)

NRS 321.030 Officeof State Land Registrar: Place; office hours. TheState Land Registrar shall keep his office at the seat of government, whichoffice must be open for the transaction of business on the days and during thehours established pursuant to NRS 281.110.

[Part 1:85:1885; BH 324; C 302; RL 3196; NCL 5512](NRS A 1975, 88; 2003,1452)

NRS 321.040 Recordsof State Land Office: Duties of State Land Registrar.

1. The State Land Registrar shall keep a record of alllands and interests in land held by the Division pursuant to NRS 321.001 and of all lands and interestsin land which have been sold by the Division. These records, together with allplats, papers and documents relating to the business of the State Land Office,must be open to public inspection during office hours at no charge.

2. The State Land Registrar shall procure from theBureau of Land Management one copy of each township plat of the public surveysnow approved or which may subsequently be approved by the proper United Statesauthorities, unless those copies have been previously obtained.

[Part 2:85:1885; A 1887, 112; 1889, 123; C 303; RL 3197; NCL 5513](NRS A 1975, 88; 1997, 963)

NRS 321.050 Statementof land acquired, leased or otherwise disposed of in county to be furnished tocounty assessors. Annually, on or beforeAugust 1, the State Land Registrar shall furnish to each county assessor astatement showing all lands which have been acquired, leased or otherwisedisposed of in the county since the last annual statement.

[Part 2:85:1885; A 1887, 112; 1889, 123; C 303; RL 3197; NCL 5513] + [Part 4:85:1885; A 1887, 118; 1889, 123; C 305; RL 3199; NCL 5515](NRS A 1975, 89; 1997, 964)

NRS 321.055 Noticeof tax delinquency by county assessor: Contents. Uponthe occurrence of any tax delinquency on state lands, the county assessor ofthe county wherein the land is situated shall immediately notify the State LandRegistrar of that delinquency. The notice must contain a description of theland and the date and amount of delinquency.

(Added to NRS by 1957, 535; A 1959, 488; 1975, 90;1997, 964)

NRS 321.060 Sealof State Land Office: Use; admission in evidence of documents bearing Seal.

1. The State Land Registrar is authorized to provideand use a seal for the State Land Office.

2. The impression of the Seal of the State Land Officeupon the original or copy of any paper, plat, map or document emanating fromthe State Land Office shall impart verity to the document so impressed.

[19:85:1885; BH 342; C 319; RL 3213; NCL 5530](NRS A 1971, 806; 1975, 90)

NRS 321.065 Feesof State Land Registrar.

1. The State Land Registrar shall charge the followingfees, unless a different fee is prescribed by specific statute:

(a) For making copies of public records and maps in thecustody of the State Land Office, regarding land granted to the state by theFederal Government for educational purposes:

 

For a certified copyof a contract to purchase state lands and for the renewal of a contract, each $5.50

For a townshipdiagram showing state entries only, each............................... 2.00

For a copy of atownship plat showing entries, each sheet............................. 2.00

For a list ofentrymen and agents, showing the kind of entries, each entryman. .50

For copies of allother public records, including contracts, applications and treasurersreceipts:

Firstsheet of each file............................................................................... 1.00

Eachadditional sheet.................................................................................. .50

For copies oftopography maps or portions thereof:

Firstsheet per map..................................................................................... 1.00

Eachadditional sheet.................................................................................. .50

For copies ofmicrofilm records:

Eachroll (16 or 32mm).............................................................................. 10.00

Eachsingle frame blowback................................................................... .50

For duplication ofmicrofilm jackets, each............................................................. .25

 

(b) For making copies of any other public records ormaps in the custody of the State Land Office, $1 for the first sheet and 50cents for each additional sheet.

2. All fees charged and collected under:

(a) Paragraph (a) of subsection 1 must be accounted forby the State Land Registrar and paid into the State Treasury for credit to theState Permanent School Fund.

(b) Paragraph (b) of subsection 1 must be accounted forby the State Land Registrar and paid into the State Treasury for credit to theState General Fund.

(Added to NRS by 1957, 646; A 1975, 90; 1993, 1455;1995, 810)

NRS 321.067 RevolvingAccount for Land Management.

1. The Revolving Account for Land Management is herebycreated as a special account in the State General Fund.

2. The State Land Registrar shall use the money in theAccount to pay the expenses related to the management of land held by theDivision, including, without limitation, expenses for:

(a) Appraisals and surveys;

(b) Construction of fences and barriers for vehicles;and

(c) The cleanup and maintenance of the land.

3. The State Land Registrar shall:

(a) Approve any disbursement from the RevolvingAccount; and

(b) Maintain records of any such disbursement.

4. The State Land Registrar shall deposit into theRevolving Account money received by the Division as a donation or as areimbursement for or advance payment of an expense paid out of the RevolvingAccount.

5. The balance of the Revolving Account must becarried forward at the end of each fiscal year.

6. If the balance in the account is below $5,000, theState Land Registrar may request an allocation from the Contingency Fundpursuant to NRS 353.266, 353.268 and 353.269.

(Added to NRS by 1999, 2540)

NRS 321.070 Appropriationof money for State Land Office. Funds to carryout the provisions of this chapter shall be provided by legislativeappropriation from the General Fund, and shall be paid out on claims as otherclaims against the State are paid. All claims shall be approved by the StateLand Registrar before they are paid.

[21:85:1885; A 1889, 123; 1917, 416; 1919 RL p. 3215;NCL 5532] + [21A:85:1885; added 1917, 416; 1919 RL p. 2911; NCL 5533](NRSA 1975, 91)

ACCEPTANCE, SELECTION AND TRANSFER OF LANDS

NRS 321.090 Selectionof lands by State Land Registrar. The StateLand Registrar may select lands on behalf of the State of Nevada in accordancewith the terms of any grant authorized by the Congress of the United States.

[15:85:1885; A 1889, 123; C 316; RL 3210; NCL 5526](NRS A 1961, 717; 1975, 91; 1997, 964)

NRS 321.110 Acceptanceof land grants by Governor or State Land Registrar; legislative policy forState to negotiate for unconditional land grants.

1. Subject to the provisions of subsection 2,whenever, pursuant to the laws of the United States, any lands are offered tothe State of Nevada by the United States Government or any department thereof,the Governor or the State Land Registrar may accept the lands and thepossession and title thereof in the name of the State of Nevada and take allnecessary steps to comply with any requirement and condition mentioned in theoffer.

2. It is hereby declared to be the policy of theLegislature that the State of Nevada shall negotiate for the acquisition ofthose lands as an unconditional grant by the United States Government to theState of Nevada without any other considerations, and that if the State ofNevada is unable to acquire those lands in the manner indicated, the Governoror the State Land Registrar may obtain those lands on the best terms available.

[18 1/2:85:1885; added 1925, 107; NCL 5529](NRS A1997, 964)

NRS 321.125 Saleof state land to public agency or local government.

1. The State Land Registrar may make direct sales oflands owned by the State to a public agency or local government of the State ifthe 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 ata price equal to at least the current fair market value of the land plus thecosts of the sale, including expenses related to the appraisal of the land.

3. As used in this section, local government has themeaning ascribed to it in NRS 354.474.

(Added to NRS by 1989, 509; A 1997, 965)

NRS 321.135 Transferof state park to local government.

1. If the State of Nevada leases, sells or otherwisetransfers, with or without consideration, a state park or any part thereof to alocal government, the local government must agree to operate and maintain thepark or part thereof in such a manner that the use and enjoyment of the park orpart thereof by the residents of this state is not diminished.

2. A local government to which is transferred any realproperty or other interest in a state park, including, without limitation, anyfacility, equipment, water right or mineral right, may not sell, lease,encumber, alienate or otherwise dispose of the real property or other interestwithout authorization by a concurrent resolution of the Legislature.

3. If the State of Nevada executes a deed for realproperty which is part of a state park and which is transferred to a localgovernment, the deed must:

(a) Include restrictions that:

(1) Protect all historical and recreationalvalue of the property;

(2) Guarantee public access to the property; and

(3) Prevent the local government or anysuccessor in title from transferring the property without authorization by aconcurrent resolution of the Legislature; and

(b) Provide for the reversion of title to the propertyto the State of Nevada upon the breach of any restriction specified inparagraph (a).

4. The transfer to a local government of any realproperty that is part of a state park must not occur if any underlying lease ofland from the Bureau of Land Management used by the state park prohibits such atransfer or would, upon such a transfer, compromise the ability of the localgovernment to use the real property as a park.

5. A local government to which is transferred realproperty that is part of a state park shall, if the real property is subject toa lease from any person or entity, including, without limitation, the Bureau ofLand Management, take all actions reasonable and necessary to ensure that theleased property remains part of the park.

(Added to NRS by 2003, 1687)

NRS 321.140 Reimbursementfor unlocated land warrant from State Permanent School Fund. The holder of any unlocated land warrant of this state,issued before March 12, 1885, may present that land warrant to the State LandRegistrar for reimbursement from the State Permanent School Fund of the amountpaid for the land warrant.

[11:85:1885; C 312; RL 3206; NCL 5522](NRS A1997, 965)

NRS 321.300 Contractorsand patentees deemed to have right to exclusive possession or fee simple title,including all gas, coal, oil and oil shales, subject to royalty payments.

1. Every person who entered into a contract with theState of Nevada for the purchase of any trust lands of the State of Nevadabefore July 3, 1997, or his heirs, assigns or lawful successors, and everypatentee of trust lands purchased from the State of Nevada, shall, subject tothe royalty provided for in subsection 3, be deemed and held to have the rightto the exclusive possession of the lands described in the contract or patent,including all gas, coal, oil and oil shales that may exist in those lands.

2. Every person who has received or is entitled toreceive a patent from this state granting to him any of those lands, or hisheirs, assigns or lawful successors shall, subject to the royalty provided forin subsection 3, be deemed to have the fee simple title to the lands describedin the patent, including all gas, coal, oil and oil shales which may existtherein.

3. Any person described in subsection 1 or 2 shall payto the State of Nevada for the fund which was the original beneficiary of thoselands a royalty of 5 percent of the net proceeds of all gas, coal or oil minedor extracted therefrom.

4. The provisions of this section do not impair anyrights acquired before July 1, 1921, pursuant to existing laws to any of thoselands or rights therein.

[1:172:1921; NCL 5545] + [2:172:1921; NCL 5546](NRS A 1997, 966)

PATENTS

NRS 321.310 Landacquired by patent from Federal Government to be conveyed by patent. Except as otherwise ordered by a court of competentjurisdiction, the title of the State to any lands acquired by patent from theFederal Government must be conveyed by patent.

[Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL 5527] + [1:99:1903; RL 3223; NCL 5541](NRS A 1975, 98; 1989, 509; 1997,966)

NRS 321.320 Formand contents of patents. All patents shall:

1. Be in such form as the Attorney General and theState Land Registrar shall jointly prescribe.

2. Be prepared by the State Land Registrar.

3. Be signed by the Governor.

4. Have the Great Seal of the State affixed by theSecretary of State.

5. Be countersigned by the State Land Registrar.

[Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL 5527](NRS A 1975, 99)

NRS 321.330 Recordof issued patents. The Secretary of State andthe State Land Registrar shall each keep a record of patents issued.

[Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL 5527](NRS A 1975, 99)

CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEENMARCH 3, 1887, AND JULY 3, 1997

NRS 321.331 Personsreceiving patent or deed from State required to be confirmed in fee simpletitle to lands and minerals; royalties. Everyperson or his heirs, assigns or lawful successors, who has received a patent ordeed between March 3, 1887, and July 3, 1997, from the State of Nevada grantingto him any trust lands of the State of Nevada must, subject to the royaltycontained in NRS 321.300, be confirmedin the fee simple title to the lands described in that patent or deed, and allof the minerals therein, including all gas, coal, oil and oil shales which mayexist therein, but any such patentee or his successors in interest, holdingsuch a fee simple title shall pay to the State of Nevada for the fund which wasthe original beneficiary of those lands the royalty provided by NRS 321.300.

(Added to NRS by 1963, 98; A 1997, 967)

NRS 321.332 Consentof State to action for declaratory judgment to determine rights of State tominerals; service of process on Attorney General; notice to each owner.

1. Every person or his heirs, assigns or lawfulsuccessors referred to in NRS 321.331,who is entitled to any trust lands that may have been purchased by him or hispredecessors in interest, from the State of Nevada between March 3, 1887, andJuly 3, 1997, or who has a separate estate in the minerals, including any gas,coal, oil and oil shales existing in that land, arising from a conveyance orreservation of mineral rights by such an immediate or remote grantee of theState, may bring an action in the district court of this state in and for anycounty where those lands or any part thereof are located to determine by declaratoryjudgment of that court whether the State of Nevada has any rights to anyminerals 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 ofany such action.

2. Service of process on the State of Nevada in anysuch action may be secured by serving a copy of the complaint, together with acopy of the summons, on the Attorney General of the State of Nevada.

3. If an action is brought pursuant to this section bythe holder of a separate mineral estate, he shall give notice of the bringingof the action, by registered or certified mail, to every record owner of thefee in any lands which are the subject of the action, but is not required tojoin any such owner as a party to the action. The notice must:

(a) Be given within 5 days after the date of the filingof the complaint;

(b) Identify the land of the owner which is affected;and

(c) State the case number and court in which the actionis brought.

(Added to NRS by 1963, 98; A 1975, 613; 1997, 967)

NRS 321.333 Optionof plaintiff to purchase interest of State in minerals.

1. If in an action authorized by NRS 321.332 it is determined that the Stateof Nevada has any interest in any minerals in the lands which are the subjectof the action, except the royalty provided for in NRS 321.300, any person or his heirs,assigns or lawful successors bringing the action as plaintiff has the optionfor 1 year after the entry of final judgment in that action to purchase fromthe State of Nevada all of the interest of the State of Nevada in the mineralsin those lands, except the royalty authorized by NRS 321.300, at the fair market value ofthe mineral interest as determined by the Division.

2. If the option is exercised, payment for thatmineral interest must be made to the State Land Registrar in cash within theperiod of the option and deposited in the fund which was the originalbeneficiary of those lands, and the State Land Registrar shall, upon thepayment of the option price, deliver to the purchaser a deed from the State ofNevada conveying all of the States interest in the minerals in the lands involvedin that action, except the royalty provided for in NRS 321.300.

(Added to NRS by 1963, 98; A 1975, 99; 1997, 968; 1999, 168)

SALES AFTER APRIL 1, 1957

NRS 321.335 Procedure.

1. Except as otherwise provided in NRS 321.125, 321.510, 322.063,322.065 or 322.075, except as otherwise required byfederal law and except for an agreement entered into pursuant to the provisionsof NRS 277.080 to 277.170, inclusive, or a lease ofresidential property with a term of 1 year or less, after April 1, 1957, allsales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject tocontracts of sale that have been forfeited, are governed by the provisions ofthis section.

2. Whenever the State Land Registrar deems it to be inthe best interests of the State of Nevada that any lands owned by the State andnot used or set apart for public purposes be sold or leased, he may, with theapproval of the State Board of Examiners and the Interim Finance Committee,cause those lands to be sold or leased upon sealed bids, or oral offer afterthe opening of sealed bids for cash or pursuant to a contract of sale or lease,at a price not less than the highest appraised value for the lands plus thecosts of appraisal and publication of notice of sale or lease.

3. Before offering any land for sale or lease, theState Land Registrar shall cause it to be appraised by competent appraisersselected pursuant to NRS 321.007.

4. After receipt of the report of the appraisers, theState Land Registrar shall cause a notice of sale or lease to be published oncea week for 4 consecutive weeks in a newspaper of general circulation publishedin the county where the land to be sold or leased is situated, and in suchother newspapers as he deems appropriate. If there is no newspaper published inthe county where the land to be sold or leased is situated, the notice must beso published in a newspaper published in this State having a generalcirculation in the county where the land is situated.

5. The notice must contain:

(a) A description of the land to be sold or leased;

(b) A statement of the terms of sale or lease;

(c) A statement that the land will be sold pursuant tosubsection 6; and

(d) The place where the sealed bids will be accepted,the first and last days on which the sealed bids will be accepted, and the timewhen and place where the sealed bids will be opened and oral offers submittedpursuant to subsection 6 will be accepted.

6. At the time and place fixed in the notice publishedpursuant to subsection 4, all sealed bids which have been received must, inpublic session, be opened, examined and declared by the State Land Registrar.Of the proposals submitted which conform to all terms and conditions specifiedin the notice published pursuant to subsection 4 and which are made byresponsible bidders, the bid which is the highest must be finally accepted,unless a higher oral offer is accepted or the State Land Registrar rejects allbids and offers. Before finally accepting any written bid, the State LandRegistrar shall call for oral offers. If, upon the call for oral offers, anyresponsible person offers to buy or lease the land upon the terms andconditions specified in the notice, for a price exceeding by at least 5 percentthe highest written bid, then the highest oral offer which is made by aresponsible person must be finally accepted.

7. The State Land Registrar may reject any bid or oraloffer to purchase or lease submitted pursuant to subsection 6, if he deems thebid or offer to be:

(a) Contrary to the public interest.

(b) For a lesser amount than is reasonable for the landinvolved.

(c) On lands which it may be more beneficial for theState to reserve.

(d) On lands which are requested by the State of Nevadaor any department, agency or institution thereof.

8. Upon acceptance of any bid or oral offer andpayment to the State Land Registrar in accordance with the terms of salespecified in the notice of sale, the State Land Registrar shall convey title byquitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

9. Upon acceptance of any bid or oral offer andpayment to the State Land Registrar in accordance with the terms of leasespecified in the notice of lease, the State Land Registrar shall enter into alease agreement with the person submitting the accepted bid or oral offerpursuant to the terms of lease specified in the notice of lease.

10. The State Land Registrar may require any personrequesting that state land be sold pursuant to the provisions of this sectionto deposit a sufficient amount of money to pay the costs to be incurred by theState Land Registrar in acting upon the application, including the costs ofpublication and the expenses of appraisal. This deposit must be refundedwhenever the person making the deposit is not the successful bidder. The costsof acting upon the application, including the costs of publication and theexpenses of appraisal, must be borne by the successful bidder.

11. If land that is offered for sale or lease pursuantto this section is not sold or leased at the initial offering of the contractfor the sale or lease of the land, the State Land Registrar may offer the landfor sale or lease a second time pursuant to this section. If there is amaterial change relating to the title, zoning or an ordinance governing the useof the land, the State Land Registrar must obtain a new appraisal of the landpursuant to the provisions of NRS 321.007before offering the land for sale or lease a second time. If land that isoffered for sale or lease pursuant to this section is not sold or leased at thesecond offering of the contract for the sale or lease of the land, the StateLand Registrar may list the land for sale or lease at the appraised value witha licensed real estate broker, provided that the broker or a person related tothe broker within the first degree of consanguinity or affinity does not havean interest in the land or an adjoining property.

(Added to NRS by 1957, 534; A 1959, 489; 1961, 717;1965, 56; 1966, 1; 1975, 99; 1979, 166, 1792; 1981, 178; 1989, 510; 1997, 968,2980; 2005, 1455,2680)

RESERVATIONS

NRS 321.339 StateLand Registrar may withhold land from sale. Notwithstandingany other provision of law, the State Land Registrar may withhold from sale anyland to which the State has acquired title by any means if those lands arerequired for the use of any State department, agency or institution or arespecifically reserved by the State for future use or sale or whenever he deemsthat the public interest so requires.

(Added to NRS by 1957, 534; A 1961, 718; 1975, 101;1997, 969)

NRS 321.355 Rights-of-wayreserved to State for public access to other land open for public use.

1. Before any state land may be leased, exchanged,sold or contracted for sale, the State Land Registrar, in consultation with theDepartment of Transportation, the Advisory Board on Natural Resources and withcounties and local governments, shall designate any existing routes over theland which he determines to be necessary for public access to any other landthat is open to public use. If such a route is designated, the land must beconveyed with a right-of-way and all rights of access and abutters rights forthe route reserved in the name of the State of Nevada. Any right-of-wayreserved pursuant to this subsection may, when necessary as determined by the StateLand Registrar and otherwise approved as required by law, be used by a publicutility 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 withthe Department of Transportation and the Advisory Board on Natural Resourcesand with counties and local governments, to be no longer necessary for publicaccess to other land which is open to public use, the State Land Registrarshall, 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 orlessee of the land, his assigns or successors in interest.

3. Before releasing the states interest in theright-of-way, the State Land Registrar shall cause to be published in anewspaper of general circulation in the county where the right-of-way islocated a notice of intent to release that interest. The notice must bepublished at least 30 days before the proposed date for the release and mustcontain:

(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 towhich persons may send protests against the proposed release.

4. The State Land Registrar may, or upon the receiptof 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 islocated; and

(b) Advertised at least 30 days before the date of thehearing in a newspaper of general circulation in the county where theright-of-way is located.

(Added to NRS by 1981, 339; A 1995, 642; 1997, 969)

SALE OF TIMBER

NRS 321.385 Saleby State Land Registrar. The State LandRegistrar, after consultation with the Division of Forestry of the StateDepartment of Conservation and Natural Resources, may:

1. Sell timber from any land owned by the State ofNevada which is not assigned to the Department of Wildlife.

2. At the request of the Director of the Department ofWildlife, sell timber from any land owned by the State of Nevada which isassigned to the Department of Wildlife. Revenues from the sale of such timber mustbe deposited with the State Treasurer for credit to the Wildlife Account in theState General Fund.

(Added to NRS by 1979, 905; A 1993, 1556; 2003, 1560)

FORT MOHAVE VALLEY DEVELOPMENT LAW

NRS 321.480 Shorttitle. NRS321.480 to 321.536, inclusive, maybe cited as the Fort Mohave Valley Development Law.

(Added to NRS by 1959, 560; A 1973, 1601)

NRS 321.490 Definitions.

1. As used in NRS321.480 to 321.536, inclusive,unless the context otherwise requires:

(a) Commission means the Colorado River Commission ofNevada.

(b) Development and develop include the:

(1) Preparation of a proposal, plans for asubdivision, plans for a zoning district or zoning regulations, or any otheracts in conformance with chapters 278 and 278A of NRS and any local master plans,regulations and ordinances governing the improvement or use of land or thelocation and construction of structures;

(2) Planning, design, construction or any otheract necessary to acquire, extend, alter, reconstruct, repair or make otherimprovements to a project; and

(3) Solicitation, consideration and approval ofproposals for the use of land,

in the FortMohave Valley.

2. As used in this section, project means anystructure, facility, undertaking or system which a county, city, town, generalimprovement district or special district is authorized to acquire, improve,equip, maintain or operate, including all kinds of personal and real property,improvements and fixtures thereon, property of any nature appurtenant theretoor used in connection therewith and every estate, interest and right therein,legal or equitable, including terms for years, or any combination thereof.

(Added to NRS by 1959, 560; A 1973, 1601; 1977, 1125;1981, 1445; 1983, 1520; 1987, 2314; 2001, 2443)

NRS 321.500 Acquisitionof certain lands by State authorized.

1. The Commission may, on behalf of the State ofNevada, purchase or otherwise acquire from the Federal Government all or anyportion of the lands described in subsection 2, at intervals during any periodwhen a purchase or acquisition may be made as provided by the Congress of theUnited States, including any extension of time granted by the Secretary of theInterior, or otherwise.

2. The lands referred to in subsection 1 are describedas follows:

(a) Parcel 1. All of sections 1, 12 and 13; fractionalsections 24 and 25, T. 33 S., R. 65 E.

(b) Parcel 2. All of sections 6, 7 and 8; fractionalsections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all ofsection 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

(c) Parcel 3. All of sections 9, 10, 11, 14, 15 and16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section31, 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 thelands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.

Allreferences to township and range in this subsection refer to Mount Diablo baseand meridian.

(Added to NRS by 1959, 560; A 1960, 158; 1973, 1601;1981, 1445; 1997, 1609, 2981; 1999, 468)

NRS 321.510 Powersand duties of Commission: Development, disposal, sale or relinquishment ofland.

1. The Commission shall undertake such engineering,planning and developmental studies, and such other action as may be necessaryfor the development of the Fort Mohave Valley.

2. The Commission shall not solicit plans fordevelopment or dispose of lands described in NRS321.500 and 321.534 unless it hasfirst obtained the concurrence of the governing body whose territory containsthe land described for development or disposal that the proposed development ordisposal:

(a) Is consistent with a master plan adopted by thegoverning body pursuant to chapter 278 of NRS;or

(b) Constitutes an acceptable revision to the masterplan,

and isconsistent with the plans and projects of any special district whose territorycontains the land described for development or disposal.

3. Any such proposal for the development or disposalof land must comply with applicable local regulations and ordinances governingthe development of land, the location and construction of structures or theregulation of projects.

4. The Commission may adopt regulations governingprocedures for the disposal of the lands described in NRS 321.500 and 321.534 and may develop, dispose of andapprove requests for the development or disposal of those lands only if inaccordance with a master plan that has been adopted by the governing body whoseterritory contains the land described for development or disposal.

5. The Commission, acting for and on behalf of theState of Nevada, may relinquish all rights, powers and privileges the State hasto purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment mustbe made by written instrument, approved by the Attorney General, and forwardedto the Secretary of the Interior.

(Added to NRS by 1959, 561; A 1960, 159; 1965, 1278;1973, 1601; 1981, 1446; 1983, 1521; 1987, 2315)

NRS 321.520 FortMohave Valley Development Account: Creation; crediting of interest and income;claims.

1. For the use of the Commission in carrying out theprovisions of NRS 321.480 to 321.536, inclusive, the Fort Mohave ValleyDevelopment Account is hereby created in the State Treasury.

2. The interest and income earned on the money in theFort Mohave Valley Development Account, after deducting any applicable charges,must be credited to the Account.

3. Money in the Fort Mohave Valley Development Accountmust be paid out on claims against the Account as other claims against theState are paid, after the claims have been approved by the Commission pursuantto subsection 3 of NRS 321.536.

(Added to NRS by 1959, 561; A 1973, 1602; 1981, 1446;1983, 388, 1584; 1987, 2316; 1991, 1762)

NRS 321.530 FortMohave Valley Development Account: Deposits; reimbursement of State GeneralFund.

1. Any money received by the Commission in connectionwith the development or disposition of any land described in NRS 321.500 must be deposited in the StateTreasury to the credit of the Fort Mohave Valley Development Account.

2. The State Controller and the State Treasurer shallcalculate and retain an amount of money from that deposit equal to thenecessary expenses incurred in the acquisition of any land described in NRS 321.500 and shall transfer theremaining amount to the State General Fund until the transfers have resulted incomplete reimbursement to the State General Fund for all money appropriatedfrom the State General Fund to the Fort Mohave Valley Development Account.

(Added to NRS by 1959, 561; A 1973, 1602; 1981, 1446;1987, 2316; 1991, 1762)

NRS 321.534 Commissionas agent for development and disposal of certain state lands. The Commission may act as the agent of the State of Nevadain the development and disposal of state lands in the Fort Mohave Valleydescribed as being all those lands in T. 32 S., R. 66 E., M.D.B. & M.,lying between the meander line of the General Land Office dependent resurvey of1947 and the right bank of the channel of the Colorado River and all thoselands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B.& M., lying between the meander line of the General Land Office survey of1932 and the right bank of the channel of the Colorado River.

(Added to NRS by 1961, 469; A 1973, 1602; 1981, 1446)

NRS 321.536 FortMohave Valley Development Account: Use of money; deposit of receipts.

1. The Commission may use money in the Fort MohaveValley 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 tosubsection 1, the Commission may use money in the Fort Mohave DevelopmentAccount to administer the provisions of NRS321.480 to 321.536, inclusive, andany other expenditures authorized by law.

3. After the allocation of money pursuant tosubsections 1 and 2, the Commission, with the concurrence of the Board ofCounty Commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit aprogram for the use of the remaining money available in the Fort Mohave ValleyDevelopment Account to develop state and local capital improvements. Theprogram may include the planning, design and construction of those improvementswhich develop the land in the Fort Mohave Valley or in the service area of anygeneral improvement district, special district, town or city which contains allor a part of the land in the Fort Mohave Valley, or both. If the program isapproved, the Commission shall approve proper claims against the Account madein conformance with the program in a manner which ensures that any claimsconcerning a particular capital improvement are approved and paid before anyclaims concerning another capital improvement are approved and paid.

4. After disposition of the money in the Fort MohaveValley Development Account pursuant to subsections 1, 2 and 3, the Commissionmay 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 disposeof any other land which the Commission is authorized to purchase, acquire,develop or dispose of; and

(c) Perform any other acts authorized by theLegislative Commission.

5. Any money:

(a) Received from the development or disposition of theland described in NRS 321.534; or

(b) Received from the development or disposition of anyother land which the Commission acquires using money from the Fort MohaveValley Development Account pursuant to paragraph (b) of subsection 4,

must bedeposited in the Fort Mohave Valley Development Account.

(Added to NRS by 1961, 470; A 1967, 1056; 1973, 1603;1981, 1447; 1983, 1521; 1987, 2316; 1991, 1763; 1997, 2982)

LINCOLN COUNTY PILOT LAND DEVELOPMENT AND DISPOSAL LAW

NRS 321.540 Shorttitle. NRS321.540 to 321.590, inclusive, maybe cited as the Lincoln County Pilot Land Development and Disposal Law.

(Added to NRS by 1959, 623)

NRS 321.550 Departmentdefined. As used in NRS 321.540 to 321.590, inclusive, unless the contextotherwise requires, Department means the State Department of Conservation andNatural Resources.

(Added to NRS by 1959, 623)

NRS 321.560 Acquisitionof lands by State Department of Conservation and Natural Resources authorized. The Department may, on behalf of the State of Nevada,purchase or otherwise acquire from the Federal Government all or any portion ofany available land in Lincoln County, Nevada, at intervals during any periodwhen such purchase may be made as provided by the Congress of the UnitedStates, including any extension of time granted by the Secretary of theInterior, or otherwise.

(Added to NRS by 1959, 623)

NRS 321.570 Powersof State Department of Conservation and Natural Resources concerningdevelopment of Lincoln County lands; sale of lands. TheDepartment may, with the advice of the Board of County Commissioners of LincolnCounty, undertake such engineering and planning studies and such other actionas may be necessary for the development of the lands in Lincoln County, andshall sell and dispose of lands in Lincoln County in accordance with the plansand procedures of the Department.

(Added to NRS by 1959, 624)

NRS 321.580 LincolnCounty Pilot Land Development and Disposal Fund: Creation; use.

1. There is hereby created in the State Treasury, forthe use of the Department in carrying out the provisions of NRS 321.540 to 321.590, inclusive, a fund to be known asthe Lincoln County Pilot Land Development and Disposal Fund.

2. Moneys in the Lincoln County Pilot Land Developmentand Disposal Fund shall be paid out on claims against such Fund as other claimsagainst the State are paid, after such claims have been approved by theDepartment.

(Added to NRS by 1959, 624)

NRS 321.590 LincolnCounty Pilot Land Development and Disposal Fund: Receipts to be credited;reimbursement of State General Fund.

1. Any moneys received by the Department in connectionwith the development or disposition of any lands described in NRS 321.560 shall be deposited forthwith inthe State Treasury to the credit of the Lincoln County Pilot Land Developmentand Disposal Fund.

2. Immediately following such a deposit, the StateController and the State Treasurer shall transfer the amount of such deposit tothe General Fund until such time as such transfers have resulted in completereimbursement to the General Fund for all moneys theretofore appropriated fromthe General Fund to the Lincoln County Pilot Land Development and DisposalFund.

(Added to NRS by 1959, 624)

LAKE TAHOE

Boundary of Lake

NRS 321.595 Boundarybetween bed of Lake Tahoe and adjacent lands. Theboundary between the bed of Lake Tahoe, owned by the State of Nevada in itssovereign capacity, and adjacent lands owned by others or by the State in anyother capacity, is established as a line whose elevation is 6,223 feet, LakeTahoe datum.

(Added to NRS by 1977, 1124; A 1979, 283)

Protection of Lake Tahoe Basin

NRS 321.5951 Accountfor License Plates for Support of Preservation and Restoration of NaturalEnvironment of Lake Tahoe Basin.

1. The Account for License Plates for the Support ofthe Preservation and Restoration of the Natural Environment of the Lake TahoeBasin is hereby created in the State General Fund. The Administrator of theDivision of State Lands of the State Department of Conservation and NaturalResources shall administer the Account.

2. The money in the Account does not lapse to theState General Fund at the end of a fiscal year. The interest and income earnedon the money in the Account, after deducting any applicable charges, must becredited to the Account.

3. The money in the Account must be used only for thesupport of programs for the preservation and restoration of the naturalenvironment of the Lake Tahoe Basin and must not be used to replace or supplantfunding available from other sources. The Administrator may provide grants fromthe Account to other public agencies to carry out the provisions of thissection.

(Added to NRS by 1997, 137)(Substituted in revisionfor NRS 321.5955)

NRS 321.5952 Declarationof legislative intent. The Legislature herebyfinds and declares that:

1. The Lake Tahoe Basin exhibits unique environmentaland ecological conditions that are irreplaceable.

2. Certain of the unique environmental and ecologicalconditions exhibited within the Lake Tahoe Basin, such as the clarity of thewater in Lake Tahoe, are diminishing at an alarming rate.

3. This state has a compelling interest in preserving,protecting, restoring and enhancing the natural environment of the Lake TahoeBasin.

4. The preservation, protection, restoration andenhancement of the natural environment of the Lake Tahoe Basin is a matter ofsuch significance that it must be carried out on a continual basis.

5. It is in the best interest of this state to grantto the Division continuing authority to carry out programs to preserve,protect, restore and enhance the natural environment of the Lake Tahoe Basin.

6. The powers and duties set forth in NRS 321.5952 to 321.5957, inclusive, are intended to beexercised by the Division in a manner that complements and does not duplicatethe activities of the Tahoe Regional Planning Agency.

(Added to NRS by 1999, 2017)

NRS 321.5953 Divisionauthorized to establish and carry out programs to preserve, restore and enhanceLake Tahoe Basin. The Division may establishand carry out programs to preserve, restore and enhance the natural environmentof the Lake Tahoe Basin on public land and on privately owned property with theconsent of the owner of the property.

(Added to NRS by 1999, 2018)

NRS 321.5954 Powersand duties of Division and State Land Registrar regarding programs to preserve,restore and enhance Lake Tahoe Basin.

1. In carrying out a program authorized pursuant to NRS 321.5953, the Division may, as theState Land Registrar deems appropriate regarding particular parcels of land:

(a) Acquire, from a willing owner, real property or aninterest in real property in the Lake Tahoe Basin by donation, purchase orexchange;

(b) Transfer real property or an interest in realproperty in the Lake Tahoe Basin by sale, lease or exchange;

(c) Eliminate, or mitigate the effects of, development,land coverage or features or conditions of real property acquired pursuant toparagraph (a) that are detrimental to the natural environment of the Lake TahoeBasin; and

(d) Retire, extinguish or otherwise terminate rights todevelop or place land coverage on real property acquired pursuant to paragraph(a).

2. The State Land Registrar may transfer real propertyor an interest in real property acquired pursuant to this section:

(a) To state and federal agencies, local governmentsand nonprofit organizations for such consideration as the State Land Registrardeems to be reasonable and in the interest of the general public.

(b) To other persons for a price that is not less thanthe fair market value of the real property or interest.

3. Before real property or an interest in realproperty is transferred pursuant to this section, the State Land Registrarshall record a declaration of restrictions or deed restrictions if the StateLand Registrar determines that such restrictions are necessary to protect thepublic interest.

4. The State Land Registrar shall report quarterly tothe State Board of Examiners regarding the real property or interests in realproperty transferred pursuant to this section.

5. Notwithstanding any other provision of law, aperson shall not acquire, disturb or use real property or an interest in realproperty acquired by this state pursuant to this section unless the personfirst obtains written authorization from the State Land Registrar.

6. As used in this section:

(a) Interest in real property includes, withoutlimitation:

(1) An easement for conservation as that term isdefined in NRS 111.410;

(2) The right to develop the real property;

(3) The right to place land coverage on the realproperty; and

(4) Such other easements or rights as areappurtenant to the real property.

(b) Land coverage means a covering over or compactionof the natural surface of the ground that prevents water from percolating intothe ground.

(Added to NRS by 1999, 2018)

NRS 321.5956 Divisionauthorized to enter into certain agreements; State Land Registrar authorized tomake certain grants and enter into certain contracts and agreements. In carrying out the provisions of NRS 321.5952 to 321.5957, inclusive:

1. The Division may, as the State Land Registrar deemsappropriate, cooperate and enter into agreements with state and federalagencies, local governments, nonprofit organizations and other persons orentities to carry out programs to preserve, restore and enhance the naturalenvironment of the Lake Tahoe Basin on public land and on privately ownedproperty with the consent of the owner of the property.

2. The State Land Registrar may, within the limits ofavailable money, make grants to other state agencies, local governments andnonprofit organizations formed for educational or charitable purposes. A localgovernment that receives grant money pursuant to this subsection may, with theapproval of the State Land Registrar, enter into a contract or other agreementwith another local government, a nonprofit organization or another person orentity pursuant to which the local government disburses the grant money to theother local government, nonprofit organization or other person or entity tocarry out a program to preserve, restore and enhance the natural environment ofthe Lake Tahoe Basin.

3. The State Land Registrar may, within the limits ofavailable money, enter into a contract or other agreement with a nonprofitorganization that is not formed for educational or charitable purposes oranother person or entity to pay the reasonable costs incurred by the nonprofitorganization or other person or entity to carry out a program to preserve,restore and enhance the natural environment of the Lake Tahoe Basin. Inentering such a contract or agreement, the State Land Registrar shall ensurethat:

(a) Public money is only expended for public purposes;and

(b) The public interest is protected adequately.

(Added to NRS by 1999, 2019; A 2001, 367)

NRS 321.5957 Regulations. The State Land Registrar may adopt regulations as theState Land Registrar deems necessary to carry out the provisions of NRS 321.5952 to 321.5957, inclusive.

(Added to NRS by 1999, 2019)

MOUNT CHARLESTON

NRS 321.5959 Accountfor License Plates for Support of Natural Environment of Mount Charleston Area.

1. The Account for License Plates for the Support ofthe Natural Environment of the Mount Charleston Area is hereby created in theState General Fund. The Administrator of the Division shall administer theAccount.

2. The money in the Account does not lapse to theState General Fund at the end of a fiscal year. The interest and income earnedon the money in the Account, after deducting any applicable charges, must becredited to the Account.

3. The money in the Account must be used only for thesupport of programs for the natural environment of the Mount Charleston area,including, without limitation, programs to improve the wildlife habitat, theecosystem, the forest, public access to the area and its recreational use, andmust not be used to replace or supplant money available from other sources. TheAdministrator may provide grants from the Account to other public agencies andpolitical subdivisions, including, without limitation, unincorporated towns, tocarry out the provisions of this section.

(Added to NRS by 1999, 1168)

MANAGEMENT OF CERTAIN PUBLIC LANDS

NRS 321.596 Legislativefindings. The Legislature finds that:

1. The State of Nevada has a strong moral claim uponthe public land retained by the Federal Government within Nevadas bordersbecause:

(a) On October 31, 1864, the Territory of Nevada wasadmitted to statehood on the condition that it forever disclaim all right andtitle to unappropriated public land within its boundaries;

(b) From 1850 to 1894, newly admitted states received 2sections of each township for the benefit of common schools, which in Nevadaamounted to 3.9 million acres;

(c) In 1880 Nevada agreed to exchange its3.9-million-acre school grant for 2 million acres of its own selection frompublic land in Nevada held by the Federal Government;

(d) At the time the exchange was deemed necessarybecause of an immediate need for public school revenues and because themajority of the original federal land grant for common schools remainedunsurveyed and unsold;

(e) Unlike certain other states, such as New Mexico,Nevada received no land grants from the Federal Government when Nevada was aterritory;

(f) Nevada received no land grants for insane asylums,schools of mines, schools for the blind and deaf and dumb, normal schools,miners hospitals or a governors residence as did states such as New Mexico;and

(g) Nevada thus received the least amount of land,2,572,478 acres, and the smallest percentage of its total area, 3.9 percent, ofthe land grant states in the Far West admitted after 1864, while states ofcomparable location and soil, namely Arizona, New Mexico and Utah, receivedapproximately 11 percent of their total area in federal land grants.

2. The State of Nevada has a legal claim to the publicland retained by the Federal Government within Nevadas borders because:

(a) In the case of the State of Alabama, a renunciationof any claim to unappropriated lands similar to that contained in the ordinanceadopted by the Nevada constitutional convention was held by the Supreme Courtof the United States to be void and inoperative because it denied to Alabamaan equal footing with the original states in Pollard v. Hagan, 44 U.S. (3How.) 212 (1845);

(b) The State of Texas, when admitted to the Union in1845, retained ownership of all unappropriated land within its borders, settinga further precedent which inured to the benefit of all states admitted lateron an equal footing; and

(c) The Northwest Ordinance of 1787, adopted into theConstitution of the United States by the reference of Article VI to priorengagements of the Confederation, first proclaimed the equal footingdoctrine, and the Treaty of Guadalupe Hidalgo, by which the territory includingNevada was acquired from Mexico and which is the supreme law of the land byvirtue of Article VI, affirms it expressly as to the new states to be organizedtherein.

3. The exercise of broader control by the State ofNevada over the public lands within its borders would be of great publicbenefit because:

(a) Federal holdings in the State of Nevada constitute86.7 percent of the area of the State, and in Esmeralda, Lincoln, Mineral, Nyeand White Pine counties the Federal Government controls from 97 to 99 percentof the land;

(b) Federal jurisdiction over the public domain isshared among 17 federal agencies or departments which adds to problems ofproper management of land and disrupts the normal relationship between a state,its residents and its property;

(c) None of the federal lands in Nevada are taxable andFederal Government activities are extensive and create a tax burden for theprivate property owners of Nevada who must meet the needs of children ofFederal Government employees, as well as provide other public services;

(d) Under general land laws only 2.1 percent of federallands in Nevada have moved from federal control to private ownership;

(e) Federal administration of the retained publiclands, which are vital to the livestock and mining industries of the State andessential to meet the recreational and other various uses of its citizens, hasbeen of uneven quality and sometimes arbitrary and capricious; and

(f) Federal administration of the retained public landshas not been consistent with the public interest of the people of Nevadabecause the Federal Government has used those lands for armament and nucleartesting thereby rendering many parts of the land unusable and unsuited forother uses and endangering the public health and welfare.

4. The intent of the framers of the Constitution ofthe United States was to guarantee to each of the states sovereignty over allmatters within its boundaries except for those powers specifically granted tothe United States as agent of the states.

5. The attempted imposition upon the State of Nevadaby the Congress of the United States of a requirement in the enabling act thatNevada disclaim all right and title to the unappropriated public lands lyingwithin said territory, as a condition precedent to acceptance of Nevada intothe Union, was an act beyond the power of the Congress of the United States andis thus void.

6. The purported right of ownership and control of thepublic lands within the State of Nevada by the United States is withoutfoundation and violates the clear intent of the Constitution of the UnitedStates.

7. The exercise of such dominion and control of thepublic lands within the State of Nevada by the United States works a severe,continuous and debilitating hardship upon the people of the State of Nevada.

(Added to NRS by 1979, 1362)

NRS 321.5963 Definitions. As used in NRS 321.596to 321.599, inclusive, unless thecontext otherwise requires:

1. Division means the Division of State Lands of theState Department of Conservation and Natural Resources.

2. Public lands means all lands within the exteriorboundaries 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 1979, 1364; A 1993, 389)

NRS 321.5967 Boardof Review: Creation; composition; Chairman; meetings; quorum; compensation;duties and powers.

1. There is hereby created a Board of Review composedof:

(a) The Director of the State Department ofConservation and Natural Resources;

(b) The Administrator of the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources;

(c) The Administrator of the Division of Minerals ofthe Commission on Mineral Resources;

(d) The Administrator of the Division of State Parks ofthe State Department of Conservation and Natural Resources;

(e) The State Engineer;

(f) The State Forester Firewarden;

(g) The Chairman of the State Environmental Commission;

(h) The Director of the State Department ofAgriculture;

(i) The Chairman of the Board of WildlifeCommissioners; and

(j) The Administrator of the Office of HistoricPreservation of the Department of Cultural Affairs.

2. The Chairman of the State Environmental Commissionserves as Chairman of the Board.

3. The Board shall meet at such times and places asare specified by a call of the Chairman. Six members of the Board constitute aquorum. The affirmative vote of a majority of the Board members present issufficient for any action of the Board.

4. Except as otherwise provided in this subsection,the members of the Board serve without compensation. The Chairman of the StateEnvironmental Commission and the Chairman of the Board of WildlifeCommissioners are entitled to receive a salary of not more than $80, as fixedby the Board, for each days attendance at a meeting of the Board.

5. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

6. The Board:

(a) Shall review and approve or disapprove allregulations proposed by the State Land Registrar pursuant to NRS 321.597.

(b) May review any decision of the State Land Registrarmade pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is takenpursuant to NRS 321.5987, and affirm,modify or reverse the decision.

(c) Shall review any plan or statement of policyconcerning the use of lands in Nevada under federal management which issubmitted by the State Land Use Planning Agency.

(Added to NRS by 1979, 1364; A 1981, 323, 1979; 1983,1882, 2088; 1985, 414; 1989, 1711; 1993, 1557; 1999, 3622; 2001, 938)

NRS 321.597 Divisionto hold and manage public lands; regulations; employment of personnel.

1. The Division shall hold the public lands of theState in trust for the benefit of the people of the State and shall manage themin an orderly and beneficial manner consistent with the public policy declaredin NRS 321.5977.

2. The State Land Registrar may with the approval ofthe Board of Review adopt regulations necessary to manage the public lands inan orderly and beneficial manner and to carry out the provisions of NRS 321.596 to 321.599, inclusive, and the public trustcreated in those sections.

3. Except as provided in this subsection, the StateLand Registrar may contract for or employ such professional and clericalpersonnel as are needed to carry out his functions. Any contract forprofessional services must be approved by the State Board of Examiners and anymoney necessary to compensate those persons must be approved for expenditure bythe Legislature or the Interim Finance Committee.

(Added to NRS by 1979, 1365)

NRS 321.5973 Publiclands and minerals are property of State; rights and privileges under federallaws to be preserved; administration of land to conform with treaties andcompacts.

1. Subject to existing rights, all public lands inNevada and all minerals not previously appropriated are the property of theState of Nevada and subject to its jurisdiction and control.

2. Until equivalent measures are enacted by the Stateof Nevada, the rights and privileges of the people of the State of Nevada underthe National Forest Reserve Transfer Act (16 U.S.C. 471 et seq.), theGeneral Mining Laws (30 U.S.C. 21 et seq.), the Homestead Act (43 U.S.C. 161 et seq.), the Taylor Grazing Act (43 U.S.C. 315 et seq.), the DesertLand Act (43 U.S.C. 321 et seq.), the Carey Act (43 U.S.C. 641 et seq.)and the Public Rangelands Improvement Act (43 U.S.C. 1901 et seq.) and allrights-of-way and easements for public utilities must be preserved underadministration by the State.

3. Public lands in Nevada which have been administeredby the United States under international treaties or interstate compacts mustcontinue to be administered by the State in conformance with those treaties orcompacts.

(Added to NRS by 1979, 1365)

NRS 321.5977 Objectivesin administering public lands. The publiclands of Nevada must be administered in such a manner as to conserve andpreserve natural resources, wildlife habitat, wilderness areas, historicalsites and artifacts, prehistoric sites and artifacts, paleontological resourcesand to permit the development of compatible public uses for recreation,agriculture, ranching, mining and timber production and the development,production and transmission of energy and other public utility services underprinciples of multiple use which provide the greatest benefit to the people ofNevada.

(Added to NRS by 1979, 1365; A 1981, 323)

NRS 321.598 Disposalof public lands: Legislative authorization required; State Land Registrar maydispose of lands to same extent and in same manner as Federal Government;deposit of proceeds.

1. Except as provided in subsection 2, no sale,conveyance or other disposal of the public lands may be permitted or authorizedby the State Land Registrar, unless specifically authorized by an act of theLegislature enacted after July 1, 1979.

2. To the extent that the public lands may beconveyed, leased, permitted, or licensed by the Federal Government or any ofits agencies, the State Land Registrar is hereby authorized to convey, lease,license or permit the use of public lands to the same extent or in the samemanner as those lands are conveyed, leased, licensed or permitted to be used bythe Federal Government or any of its agencies.

3. All proceeds of fees, rents, royalties or othermoney paid to the State under NRS 321.596to 321.599, inclusive, must be depositedwith the State Treasurer for credit to the State General Fund.

(Added to NRS by 1979, 1365)

NRS 321.5983 Unauthorizeddisposal of public lands void; State authorization required for use, managementor disposal of public lands; injunctions; action to recover considerationreceived from unlawful disposition of public land.

1. Except as it is authorized pursuant to NRS 321.5973 or except as it may beauthorized by the State Land Registrar pursuant to any authority conferred uponhim by law, any sale, lease, exchange, encumbrance or other disposal of anyparcel of or any interest in the public lands is void.

2. Any person who intends to perform or who actuallycarries out any act with respect to the use, management or disposal of any ofthe public lands under color of any statute, ordinance, regulation, custom orusage of the United States or otherwise, shall obtain written authorizationfrom the State Land Registrar approving or confirming any such act, whichauthorization shall be given only to the extent it is authorized under the lawsof this State.

3. Any person who does not obtain writtenauthorization from the State Land Registrar as required by subsection 2 may beenjoined by the State Land Registrar from attempting to perform or continuingto carry out any act respecting the use, management or disposal of any of thepublic lands in any court of competent jurisdiction of this State within whosejurisdiction any of the affected public lands are located or the person resides.

4. Any person who receives any money or otherconsideration for any purported sale or other disposition of any public landwhich was made contrary to the provisions of NRS321.596 to 321.599, inclusive, isliable to the State for that money or for the value of any other consideration.The money may be recovered in an action brought by the State Land Registrar ina court of competent jurisdiction of this State within whose jurisdiction anyof the affected public lands are located or the person resides.

(Added to NRS by 1979, 1366)

NRS 321.5987 Procedurefor appealing decision of State Land Registrar to Board of Review; hearing.

1. Any person who is aggrieved by a decision of theState Land Registrar made pursuant to NRS321.596 to 321.599, inclusive, mayappeal by letter to the Board of Review within 30 days after the date of thedecision from which the appeal is taken. The letter must set out:

(a) The decision from which the appeal is taken;

(b) Legal grounds for the contention of the appellantthat the decision exceeds the authority of the State Land Registrar; and

(c) Facts to support the contention,

withsufficient particularity to permit the State Land Registrar to prepare for ahearing.

2. Upon receiving the letter, the Board may:

(a) Dismiss the appeal if it appears from the letter tolack any merit; or

(b) Set a date for a hearing of the appeal which mustbe not less than 15 days nor more than 45 days after the date on which theBoard receives the letter. The Board shall notify the State Land Registrar andthe appellant of the date, time and place of the hearing.

3. Any hearing held by the Board must be informal.

4. The State Land Registrar or his representativeshall present at the hearing the facts considered in reaching his decision. Theappellant or his representative may present matters in support of hiscontention that the State Land Registrars decision exceeds his authority.

5. If the appellant does not appear in person or byrepresentative, the Board may consider the matters set forth in his letter ofappeal and may dismiss the appeal or take any other action which it finds to bereasonable and proper.

6. The Board shall issue its order as soon aspracticable after conducting the hearing. The order of the Board is a finaldecision in a contested case.

(Added to NRS by 1979, 1366)

NRS 321.599 Enforcementof NRS321.596 to 321.599, inclusive, by Attorney General. The Attorney General may initiate or defend any actioncommenced in any court to carry out or enforce the provisions of NRS 321.596 to 321.599, inclusive, or seek any appropriatejudicial relief to protect the interests of the State or the people of theState in the public lands. The right to enforce the provisions of NRS 321.596 to 321.599, inclusive, vests exclusively inthe Attorney General.

(Added to NRS by 1979, 1367)

PUBLIC LAND TRUST FUND

NRS 321.601 Creation;payments to local governments in lieu of taxes on public lands. [Effective ondate State obtains unreserved, unappropriated public lands in Nevada pursuantto federal law.]

1. There is hereby created in the State Treasury thePublic Land Trust Fund. All money appropriated for the purpose of makingpayments to local governments in lieu of taxes on public lands must bedeposited by the State Land Registrar in the State Treasury for credit to thePublic Land Trust Fund. If the State obtains title to, trusteeship over ormanagement of more than one-fifth of the public lands in Nevada, upon approvalof the Interim Finance Committee the State Land Registrar shall pay out of thatTrust Fund in each fiscal year to each local government in Nevada an amount equalto or more than the payment the local government received in lieu of taxes onfederal lands pursuant to 31 U.S.C. 1601 et seq., in the most recent fiscalyear, less the payment in lieu of taxes which the local government is entitledto receive from the Federal Government in the next fiscal year after the stateobtains those lands.

2. If the local governments receive reduced paymentsin lieu of taxes from the Federal Government during a portion of a fiscal yearbecause of the States obtaining those lands, the payments provided for insubsection 1 must be prorated for that portion of the fiscal year in which thepayments from the Federal Government are reduced.

3. Payments from the Trust Fund must be made as otherclaims against the State are paid.

(Added to NRS by 1981, 1574, effective on date Stateobtains unreserved, unappropriated public lands in Nevada pursuant to federallaw)

LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC ANDRECREATIONAL PURPOSES

NRS 321.605 Declarationof legislative intent. The intent of theLegislature in the enactment of this section and NRS 321.610 is to provide an orderlyprocedure for the processing of applications by the State, its agencies andpolitical subdivisions for lease or purchase of public lands pursuant to theprovisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, asamended, and to aid the applicant and the Bureau of Land Management byrequiring the State Land Registrar to examine the propriety and correctness ofthe applications submitted to the State Land Registrar pursuant to subsections1 and 5 of NRS 321.610 before theapplications are filed with the Bureau of Land Management.

(Added to NRS by 1960, 113; A 1975, 102; 1997, 970)

NRS 321.610 Applicationsfor lease or purchase by State and political subdivisions submitted to StateLand Registrar: Duties of State Land Registrar.

1. All applications to the Bureau of Land Managementby the State filed on behalf of a state agency except:

(a) The Department of Transportation;

(b) The Nevada System of Higher Education; or

(c) The Legislature,

to lease orpurchase lands pursuant to the provisions of the Recreation and Public PurposesAct of 1926, 44 Stat. 741, as amended, must be submitted to the State LandRegistrar for approval.

2. The State Land Registrar shall:

(a) Examine those applications and determine whetherthey are in proper form, contain the required information and are accompaniedby the required fees;

(b) Determine from the records of the Bureau of LandManagement whether the lands to be leased or purchased are subject todisposition pursuant to the Act; and

(c) File each application he approves with the Bureauof Land Management.

3. If the State Land Registrar denies an applicationsubmitted pursuant to subsection 1, he shall mail a written notice of thedenial to the state agency within 7 days after the application is denied. Thenotice must include a statement that sets forth:

(a) The reason the application was denied; and

(b) Any conditions that the state agency must satisfybefore the State Land Registrar will approve the application.

4. If the state agency satisfies the conditions setforth in the notice, the State Land Registrar shall approve the application andfile it with the Bureau of Land Management.

5. The Department of Transportation, the Nevada Systemof Higher Education, the Legislature or a political subdivision of the Statemay request the assistance of the State Land Registrar in filing an applicationwith the Bureau of Land Management to lease or purchase lands pursuant to theprovisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, asamended. The State Land Registrar shall provide the assistance requested,including, but not limited to, an examination of any application submitted tohim for his review. The State Land Registrar shall, upon the completion of hisexamination, return the application to the Department of Transportation, theNevada System of Higher Education, the Legislature or the political subdivisionfor filing with the Bureau of Land Management.

(Added to NRS by 1960, 113; A 1975, 102; 1997, 970)

STATE PLANNING OF USE OF LAND

General Provisions

NRS 321.640 Legislativefindings and declaration. The Legislaturehereby finds and declares that:

1. It is in the public interest to place the primaryauthority for the planning process with the local governments, which areclosest to the people;

2. Unregulated growth and development of the Statewill result in harm to the public safety, health, comfort, convenience,resources and general welfare;

3. The cities of the State have a responsibility forguiding the development of areas within their respective boundaries for thecommon good, and the counties have similar responsibilities with respect totheir unincorporated areas;

4. City, county, regional and other planning must bedone in harmony to ensure the orderly growth and preservation of the State; and

5. State participation in land use planning should belimited to coordination of information and data, the acquisition and use offederal lands within the State, providing land use planning assistance in areasof critical environmental concern when directed by the Governor or requested bylocal governments, and providing assistance in resolving inconsistenciesbetween the land use plans of local governmental entities when requested to doso by one of the entities.

(Added to NRS by 1973, 816; A 1977, 1553; 1979, 151;1989, 1672)

NRS 321.655 Definitions. As used in NRS 321.640to 321.770, inclusive:

1. Administrator means the executive head of theDivision.

2. Area of critical environmental concern means anyarea in this State where there is or could develop irreversible degradation ofmore than local significance but does not include an area of depleting watersupply which is caused by the beneficial use or storage of water in other areaspursuant to legally owned and fully appropriated water rights.

3. 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.

4. Public lands means all lands within the exteriorboundaries 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 1975, 102; A 1977, 1554; 1981, 922;1993, 389; 1997, 971; 1999,1376)

State Land Use Planning Agency

NRS 321.700 Creation. In addition to any other functions assigned to it by law,the Division is hereby designated as the State Land Use Planning Agency for thepurpose of carrying out the provisions of NRS321.640 to 321.770, inclusive, andfulfilling any land use planning requirements arising under federal law.

(Added to NRS by 1973, 817; A 1975, 103; 1977, 1554;1997, 972)

NRS 321.710 Administration;activities which have priority; personnel.

1. The Administrator shall administer the activitiesof the State Land Use Planning Agency. He has authority and responsibility forthe development and distribution of information useful to land use planning.

2. The activities of the State Land Use PlanningAgency which have priority are:

(a) Provision of technical assistance in areas wheresuch assistance is requested;

(b) Activities relating to federal lands in this State;and

(c) Investigation and review of proposals fordesignation of areas of critical environmental concern and the development ofstandards and plans therefor.

3. In addition to the assistant provided by subsection3 of NRS 321.010 he may appoint, subjectto the availability of money, such professional, technical, administrative,clerical and other persons as he may require for assistance in performing hisland use planning duties.

(Added to NRS by 1973, 817; A 1975, 103; 1977, 1037,1127, 1554)

NRS 321.720 Dutiesof Administrator concerning local governments. TheAdministrator shall develop and make available to cities and countiesinformation useful to land use planning, including:

1. Preparation and continuing revision of a statewideinventory of the land and natural resources of the State;

2. Compilation and continuing revision of data, on astatewide basis, related to population densities and trends, economiccharacteristics and projections, environmental conditions and trends, anddirections and extent of urban and rural growth;

3. Projections of the nature and quantity of landneeded and suitable for:

(a) Recreation and esthetic appreciation;

(b) Conservation and preservation of natural resources,agriculture, mineral development and forestry;

(c) Industry and commerce, including the development,generation and transmission of energy;

(d) Transportation;

(e) Urban development, including the revitalization ofexisting communities, the development of new towns, and the economicdiversification of existing communities which possess a narrow economic base;

(f) Rural development, taking into consideration futuredemands for and limitations upon products of the land; and

(g) Health, educational, and other state and localgovernmental services;

4. Preparation and continuing revision of an inventoryof environmental, geological and physical conditions, including types of soil,which influence the desirability of various uses of land;

5. Preparation and continuing revision of an inventoryof state, local government and private needs and priorities concerning theacquisition and use of federal lands within the State;

6. Preparation and continuing revision of an inventoryof public and private institutional and financial resources available for landuse planning and management within the State and of state and local programsand activities which have a land use impact of more than local concern;

7. Provision, where appropriate, of technicalassistance and training programs for state and local agency personnel concernedwith the development and implementation of state and local land use programs;

8. Coordination and exchange of land use planninginformation and data among state agencies and local governments, with theFederal Government, among the several states and interstate agencies, and withmembers of the public, including conducting of public hearings, preparation ofreports and soliciting of comments on reports concerning information useful toland use planning;

9. Coordination of planning for state and localacquisition and use of federal lands within the State, except that in the caseof a plan which utilizes both federal and private lands the governing body ofthe area where private lands are to be utilized has final authority to approvethe proposal;

10. Provision of assistance to counties to developprograms to increase the responsibility of local governments for the managementof lands in the State of Nevada that are under federal management; and

11. Consideration of, and consultation with, therelevant states on the interstate aspects of land use issues of more than localconcern.

(Added to NRS by 1973, 817; A 1975, 103; 1977, 1554;1989, 1672; 1997, 1031)

NRS 321.735 Powersand duties concerning federal lands; action by certain cities and counties notprecluded.

1. The State Land Use Planning Agency may representthe interests of the State, its local or regional entities, or its citizens asthese interests are affected by policies and activities involving the use offederal land.

2. The provisions of this section do not preclude acity or county whose governing body has adopted a master plan pursuant to NRS 278.220 from representing its owninterests in accordance with NRS 278.243.

(Added to NRS by 1977, 1128, 1553; A 1983, 1883; 1999, 1422)

NRS 321.7353 Noticeof federal acquisition of private land to be provided to affected cities andcounties; submission of written comment.

1. Upon receipt of a notice of realty action from theUnited States concerning the purchase by the Federal Government of private landor the exchange of public land for private land, the State Land Use PlanningAgency shall give written notice of the proposed action to the governing bodyof each county or city affected within 1 week after its receipt of the notice.

2. The governing body of each affected county or citymay, in addition to submission of comments directly to the Federal Government,deliver its written comments on the proposed realty action, including anestimation of any related reduction in the total assessed valuation of the realproperty within the jurisdiction of the local government and recommendationsfor mitigation of the loss of assessed valuation, to the State Land UsePlanning Agency within 30 days after receipt of the notice.

3. If the State Land Use Planning Agency elects tosubmit written comment to the Federal Government upon the realty action, itshall include in its submission any comments it received pursuant to subsection2.

(Added to NRS by 1999, 1376)

NRS 321.7355 Planor statement of policy concerning lands under federal management.

1. The State Land Use Planning Agency shall prepare,in cooperation with appropriate federal and state agencies and localgovernments throughout the State, plans or statements of policy concerning theacquisition and use of lands in the State of Nevada that are under federalmanagement.

2. The State Land Use Planning Agency shall, inpreparing the plans and statements of policy, identify lands which are suitablefor acquisition for:

(a) Commercial, industrial or residential development;

(b) The expansion of the property tax base, includingthe potential for an increase in revenue by the lease and sale of those lands;or

(c) Accommodating increases in the population of thisState.

The plans orstatements of policy must not include matters concerning zoning or the divisionof land and must be consistent with local plans and regulations concerning theuse of private property.

3. The State Land Use Planning Agency shall:

(a) Encourage public comment upon the various matterstreated in a proposed plan or statement of policy throughout its preparationand incorporate such comments into the proposed plan or statement of policy asare appropriate;

(b) Submit its work on a plan or statement of policyperiodically for review and comment by the Land Use Planning Advisory Council,the Advisory Board on Natural Resources and any committees of the Legislatureor subcommittees of the Legislative Commission that deal with mattersconcerning the public lands;

(c) On or before February 1 of each odd-numbered year,prepare and submit a written report to the Legislature concerning anyactivities engaged in by the Agency pursuant to the provisions of this sectionduring the immediately preceding biennium, including, without limitation:

(1) The progress and any results of its work; or

(2) Any plans or statements of policy preparedpursuant to this section; and

(d) Provide written responses to written commentsreceived from a county or city upon the various matters treated in a proposedplan or statement of policy.

4. Whenever the State Land Use Planning Agencyprepares plans or statements of policy pursuant to subsection 1 and submitsthose plans or policy statements to the Governor, Legislature or an agency ofthe Federal Government, the State Land Use Planning Agency shall include witheach plan or statement of policy the comments and recommendations of:

(a) The Land Use Planning Advisory Council;

(b) The Advisory Board on Natural Resources; and

(c) Any committees of the Legislature or subcommitteesof the Legislative Commission that deal with matters concerning the publiclands.

5. A plan or statement of policy must be approved bythe governing bodies of the county and cities affected by it before it is putinto effect.

(Added to NRS by 1983, 1882; A 1989, 1673; 1995, 643;1997, 1032, 3251)

State Consent to Federal Use of Public Land

NRS 321.736 Hearingsand recommendations of local planning agencies.

1. Upon receipt of an application by the United Statesfor consent to a use of public land, the State Land Use Planning Agency shallgive written notice of the application to the planning agencies of the localgovernments within 1 week after its receipt of the application.

2. Each planning agency so notified shall within 45days after the notice is sent hold a public hearing on the application at theplace where it normally meets. If the land is located within the jurisdictionof two or more planning agencies, each of those agencies must hold a hearing.

3. Each planning agency shall notify the public bypublication in one issue of a newspaper of general circulation published ineach of the counties in which the land is located. The notice must be publishedat least 20 days before the date set for the hearing and set forth adescription of the land and the use for which consent is sought as stated inthe application. The cost of publishing the notice must be borne by the UnitedStates or by someone in its behalf.

4. Each planning agency shall deliver its writtenrecommendation on the application, including the reasons for itsrecommendation, to the State Land Use Planning Agency within 15 days after theconclusion of its hearing on the application.

5. The application must contain such information andsupporting documents as are prescribed in regulations adopted by the State LandUse Planning Agency and approved by the Director of the State Department ofConservation and Natural Resources.

(Added to NRS by 1981, 921)

NRS 321.737 Transferor referral of certain applications to State Engineer.In considering applications to obtain consent to a use of the publiclands, the State Land Use Planning Agency shall transfer the application to theState Engineer for his decision or refer it to him for technical or engineeringadvice if the application or use affects water rights, reclamation, floodcontrol or protection of watershed. The water law of this State is the rule ofdecision in all matters relating to water rights.

(Added to NRS by 1981, 922)

NRS 321.738 Hearingand recommendation of State Agency.

1. The State Land Use Planning Agency shall hold ahearing on an application for consent to use public land within 45 days afterit receives the written recommendation from the planning agencies. The StateAgency shall give notice of its hearing as required by law. At its hearing theState Agency shall receive any testimony pertaining to any use of the landwhich is not repetitive and shall consider the written recommendation of theplanning agency.

2. The State Agency shall deliver its writtenrecommendation on the application, including the reasons for its recommendationto the governor within 15 days after the conclusion of its hearing on theapplication.

(Added to NRS by 1981, 922)

NRS 321.739 Grantor denial of consent by Governor.

1. The Governor in deciding whether to grant or denythe consent of the State to a use of public land shall:

(a) Balance the interests of the Federal Government andthe State; and

(b) Not apply standards or impose conditions respectingthe use of land which are more restrictive than those generally applicable toother persons or governmental agencies in this State.

2. In granting the consent of the State the Governorshall not grant or waive any right, privilege, immunity or other incident ofsovereignty provided for in NRS 328.085.

3. Any recommendation of the State Land Use PlanningAgency which is not acted on by the Governor within 30 days after he receivesit and which is not in conflict with the requirements of this section isautomatically approved unless the Governor in a writing which is attached tothe application and recommendations defers the decision for a good cause.

4. The consent of the Governor to a use of public landmust be evidenced by a certificate signed by him and delivered to the UnitedStates. A copy of the certificate must also be delivered to the State LandRegistrar.

(Added to NRS by 1981, 922)

Land Use Planning Advisory Council

NRS 321.740 Creation;appointment, number and expenses of members.

1. The Land Use Planning Advisory Council, consistingof 17 members appointed by the Governor, is hereby created.

2. The Governor shall appoint members who are electedofficials or representatives of local political subdivisions, one member fromeach county.

3. Members are entitled to receive the travel expensesand subsistence allowances provided by law for their positions from the localpolitical subdivisions.

(Added to NRS by 1973, 819; A 1977, 1191, 1478, 1556)

NRS 321.750 Duties. The Land Use Planning Advisory Council shall:

1. Advise the Administrator on the development anddistribution to cities and counties of information useful to land use planning.

2. Advise the State Land Use Planning Agency regardingthe development of plans and statements of policy pursuant to subsection 1 of NRS 321.7355.

(Added to NRS by 1973, 819; A 1975, 105; 1977, 1556;1997, 1033)

NRS 321.755 ExecutiveCouncil.

1. The Executive Council of the Land Use PlanningAdvisory Council is hereby created to consider and make recommendations forland use planning in areas of critical environmental concern and to resolveinconsistencies between the land use plans of local government entities.

2. The Executive Council consists of the Administratorand four persons selected by the Land Use Planning Advisory Council from amongits members. Each member of the Executive Council shall serve for 2-year terms.

(Added to NRS by 1977, 1552; A 1979, 151)

Resolution of Inconsistencies in Local Plans

NRS 321.761 Technicalassistance; submission of matter to Executive Council.

1. If an inconsistency in land use plans developsbetween two or more adjacent or overlapping local government entities whichcannot be resolved between them, one or more of them may request the State LandUse Planning Agency to study and assist in resolving the inconsistency.

2. Upon receipt of such a request the Administratorshall convene a meeting of all the affected entities and shall providetechnical assistance and advice in resolving the inconsistency.

3. If, after subsequent meetings over a reasonableperiod of time as determined by the Administrator, the affected entities cannotresolve the inconsistency, the matter shall be submitted to the ExecutiveCouncil of the Land Use Planning Advisory Council for a decision.

(Added to NRS by 1977, 1552)

NRS 321.763 Dutiesof State Agency; adoption, enforcement and expiration of plans and regulations.

1. When an inconsistency in land use plans issubmitted for decision, the Executive Council may direct the staff of the StateLand Use Planning Agency to conduct studies, assemble information and prepareproposals for alternative courses of action if necessary.

2. The Executive Council shall conduct public hearingsin the affected areas before arriving at a decision in the matter.

3. In rendering its decision, the Executive Councilmay sustain the position of one or more of the local government entitiesinvolved or prescribe its own land use plan for the area of inconsistency. TheExecutive Council may adopt land use regulations to carry out its decision.

4. All land use plans and regulations adopted by theExecutive Council pursuant to this section supersede inconsistent plans andregulations of the affected local government entities, but the local governmententities are responsible for enforcing the plans and regulations of theExecutive Council.

5. In the event of noncompliance with such plans orregulations, any affected local government entity may bring an action to obtaininjunctive relief against such noncompliance.

6. The Executive Council, upon petition from all ofthe affected local government entities or on its own motion, may determine theexpiration date of the plans and regulations imposed pursuant to this section.

(Added to NRS by 1977, 1552; A 1979, 152)

Planning for Areas of Critical Environmental Concern

NRS 321.770 Dutiesof Administrator and Executive Council.

1. The State Land Use Planning Agency shall provideassistance in land use planning for areas of critical environmental concern:

(a) When the Governor directs that the Agency reviewand assist in land use planning for an area he finds to be of criticalenvironmental concern.

(b) When one or more local government entities requestthat the Agency advise and assist in land use planning for an area whichaffects them and which they consider to be of critical environmental concern.

2. Upon receipt of a directive or a request pursuantto subsection 1, the Administrator shall study the problems of the areadescribed and meet with the affected local government entities to receive theirinitial comments and recommendations. He shall then submit the matter ofplanning for the area of critical environmental concern to the ExecutiveCouncil of the Land Use Planning Advisory Council for consideration andrecommendation.

3. The Executive Council shall include in itsprocedures one or more public hearings upon notice given by at least onepublication at least 20 days before the hearing in a newspaper or combinationof newspapers having general circulation throughout the area affected and eachcity and county any portion of whose territory lies within such area. Thenotice shall state with particularity the subject of the hearing.

4. Following completion of the hearings andconsideration of other information, the Executive Council shall make its finalrecommendations for land use planning policies in the area of criticalenvironmental concern. The recommendations may include proposed land useregulations to carry out such policies.

5. No land use regulation adopted by the ExecutiveCouncil pursuant to this section may become effective without the approval ofthe Governor.

(Added to NRS by 1973, 820; A 1975, 105; 1977, 1556)

 

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