2005 Nevada Revised Statutes - Chapter 322 — Use of State Lands
CHAPTER 322 - USE OF STATE LANDS
GENERAL PROVISIONS
NRS 322.003 Definitions.
NRS 322.0032 Agriculturaluse defined.
NRS 322.0034 Boat-fuelingfacility defined.
NRS 322.0036 Boathoist defined.
NRS 322.0037 Boathouse defined.
NRS 322.0038 Boatramp defined.
NRS 322.004 Boatslip defined.
NRS 322.0042 Commercialuse defined.
NRS 322.0043 Deckdefined.
NRS 322.0044 Dredgingdefined.
NRS 322.0046 Fillingdefined.
NRS 322.005 Geothermalresource defined.
NRS 322.0052 Littoralor riparian residential parcel defined.
NRS 322.0054 Mooringbuoy defined.
NRS 322.0056 Multipleresidential use defined.
NRS 322.0058 Pierdefined.
NRS 322.006 Recreationaldredging defined.
NRS 322.0062 Singleresidential use defined.
NRS 322.0066 Vesseldefined.
NRS 322.007 Approvalof certain leases required.
LEASES FOR EXTRACTION OF OIL, COAL, GAS OR GEOTHERMALRESOURCES
NRS 322.010 Authorization.
NRS 322.020 Sizesof leased areas; conformity to governmental subdivisions.
NRS 322.030 Rentalsand royalties.
NRS 322.040 Formof lease; preparation by Attorney General.
OTHER LEASES AND EASEMENTS
NRS 322.050 Leasesof or easements over state lands authorized; concurrence of contracting partiesand state agencies required.
NRS 322.060 Certainleases or easements over state lands: Size of area; terms and consideration;form and preparation.
NRS 322.063 Leaseof state land to certain state officers or employees for reduced charge;approval of lease; determination of rent; waiver of fee.
NRS 322.065 Leaseof state land to certain nonprofit organizations or educational institutionsfor reduced charge; approval of lease; determination of rent; waiver of fee;exclusions.
NRS 322.067 Waiverof fee for grant of easement to local government for public road.
NRS 322.070 Leasesof land for private development.
NRS 322.075 Feesfor leases of land for grazing livestock: Conditions; determination of minimumfee.
OTHER LAWFUL USES
NRS 322.100 Authorityof State Land Registrar to issue permit, license or other authorization for anylawful use; fees.
NRS 322.1003 Permit,license or other authorization to use state land or state facilities forrecreational purpose: Statement by applicant concerning payment of childsupport; grounds for denial. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]
NRS 322.1005 Permit,license or other authorization to use state land or state facilities forrecreational purpose: Suspension for failure to pay child support or complywith certain subpoenas or warrants; reinstatement. [Expires by limitation onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]
NRS 322.1007 Performanceof work below high water mark of navigable river: Application and fees forpermit; conditions under which permit not required.
NRS 322.110 Feesfor consideration of applications for use of state lands; waiver of fee.
NRS 322.120 Fees:Permit for use of piers or other related facilities; permit for use of boathoist, boat house, boat ramp, boat slip, deck, mooring buoy or similar devices.
NRS 322.125 Credittoward fee for commercial use of state land.
NRS 322.130 Feefor permit for dredging or filling, construction or installation of certainstructures.
NRS 322.140 Waiverof fees by State Land Registrar.
NRS 322.150 Exemptionfrom fees for assignment of state lands to state agency.
NRS 322.160 Accountingand use of proceeds of fees.
NRS 322.170 Regulations.
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GENERAL PROVISIONS
NRS
(Added to NRS by 1993, 1456; A 1995, 2510)
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(Added to NRS by 1993, 1456)
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(Added to NRS by 1993, 1456)
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(Added to NRS by 1993, 1456; A 1995, 2511)
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(Added to NRS by 1995, 2510)
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(Added to NRS by 1993, 1456)
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(Added to NRS by 1993, 1456; A 1995, 2511)
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(Added to NRS by 1993, 1456; A 1997, 972)
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(Added to NRS by 1995, 2510)
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(Added to NRS by 1993, 1456)
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(Added to NRS by 1993, 1456)
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(Added to NRS by 1975, 512; A 1981, 659; 1993, 1459)
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1. Adjoins the bed of a navigable body of water; and
2. Is restricted to single-family residential use.
(Added to NRS by 1993, 1456)
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1. Which is anchored to the bed of a navigable body ofwater; and
2. To which a vessel is fastened through the use ofcables, lines, ropes or anchors for the purpose of maintaining the vessel in astationary position in the water.
(Added to NRS by 1993, 1456)
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(Added to NRS by 1993, 1456)
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1. Extends into or over a navigable body of water;
2. Is attached to pillars, piles, rocks or metal or isanchored to the bottom of the body of water; and
3. Affords convenient passage to and from vessels orprovides a mooring for vessels.
(Added to NRS by 1993, 1456; A 1995, 2511)
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(Added to NRS by 1993, 1456)
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(Added to NRS by 1993, 1457)
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(Added to NRS by 1993, 1457)
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(Added to NRS by 1983, 7; A 1989, 511, 1782;
LEASES FOR EXTRACTION OF OIL, COAL, GAS OR GEOTHERMALRESOURCES
NRS
[1:183:1921; NCL 5548](NRS A 1957, 649; 1961, 588;1975, 106; 1979, 906; 1983, 1250)
NRS
[2:183:1921; NCL 5549]
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1. Such leases shall be based upon a fixed rental ofnot less than $1 per acre annually for each acre contained therein, and shallfurther provide for a royalty of not less than:
(a) Fifteen percent of the gross value of all oil, gasor other hydrocarbons extracted therefrom.
(b) Ten percent of the gross value of any geothermalresource derived from the lease and sold or utilized or reasonably susceptibleto sale or utilization by the lessee and 5 percent of the gross value of anyby-product sold or utilized or reasonably susceptible to sale or utilization bythe lessee.
2. Each lease shall be negotiated upon such terms andfor such rent and royalty as are most favorable to the State and not lessfavorable than similar leaseholds in the vicinity.
3. As used in this section, by-product means atangible substance produced or extracted in the utilization of a geothermalresource.
[3:183:1921; NCL 5550](NRS A 1975, 511; 1977, 805)
NRS
[4:183:1921; NCL 5551](NRS A 1975, 512)
OTHER LEASES AND EASEMENTS
NRS
(Added to NRS by 1961, 588; A 1963, 534; 1975, 106;1979, 906; 1983, 1250; 1989, 511; 1995, 834)
NRS
1. For such areas as may be required to accomplish thepurpose for which the land is leased or the easement granted.
2. Except as otherwise provided in
3. Executed upon a form to be prepared by the AttorneyGeneral. The form must contain all of the covenants and agreements usual ornecessary to such leases or easements.
(Added to NRS by 1961, 588; A 1975, 107, 512; 1989,511; 1995, 834; 1997, 512;
NRS
1. The Administrator of the Division of State Lands ofthe State Department of Conservation and Natural Resources, as ex officio StateLand Registrar, may, pursuant to NRS 322.060,lease residential property owned by the State of Nevada for less than the fairmarket value of the property to an officer or employee of this state who isrequired as a condition of his employment to reside in residential propertyowned by this state.
2. Before residential property may be leased pursuantto this section, the State Land Registrar, in cooperation with the head of thestate agency that manages the property, must approve the lease and determinethe amount of rent for the lease of the property.
3. The State Land Registrar may waive any fee for theconsideration of an application to lease property pursuant to this section.
(Added to NRS by
NRS
1. Except as otherwise provided in this section, landmay be leased pursuant to NRS 322.060to:
(a) A nonprofit organization that is recognized asexempt under section 501(c)(3) of the Internal Revenue Code and is affiliatedby contract or other written agreement with an agency of this State; or
(b) A public educational institution,
under suchterms and for such consideration as the Administrator of the Division of StateLands of the State Department of Conservation and Natural Resources, as exofficio State Land Registrar, determines reasonable based upon the costs andbenefits to the State and the recommendation of the persons who approve thelease.
2. To lease property pursuant to this section, atleast two of the following persons must approve the lease and establish therecommended amount of rent to be received for the property:
(a) The Administrator of the Division of State Lands ofthe State Department of Conservation and Natural Resources, as ex officio StateLand Registrar.
(b) The Chief of the Buildings and Grounds Division ofthe Department of Administration.
(c) The Director of the Department of Health and HumanServices or a person designated by the Director.
Such personsshall render a decision on an application to lease property pursuant to this sectionwithin 60 days after the application is filed with the Administrator of theDivision of State Lands.
3. In determining the amount of rent for the lease ofproperty pursuant to this section, consideration must be given to:
(a) The amount the lessee is able to pay;
(b) Whether the property will be used by the lessee toperform a service of value to members of the general public; and
(c) Whether the service to be performed on the propertywill be of assistance to any agency of this State.
4. The State Land Registrar may waive any fee for theconsideration of an application submitted pursuant to this section.
5. The provisions of this section do not apply toproperty granted to the State by the Federal Government and held in trust bythe State for educational purposes.
(Added to NRS by 1995, 833)
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1. Upon the request of the governing body of a localgovernment, the Administrator of the Division of State Lands of the StateDepartment of Conservation and Natural Resources, as ex officio State LandRegistrar, may grant an easement for a public road to the governing bodywithout charging a fee if the governing body agrees to pay the actual costsincurred by the State Land Registrar in granting the easement.
2. As used in this section, local government has themeaning ascribed to it in NRS 354.474.
(Added to NRS by 1995, 834)
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(Added to NRS by 1983, 1260)
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1. The fee for the term or any portion of the term ofthe lease must be based on the fair market value of the interest leased, butmust not be less than:
(a) The minimum grazing fee determined pursuant tosubsection 2; or
(b) The base value specified in subsection 3,
whichever isgreater, for each animal unit month leased.
2. To determine the minimum grazing fee for thepurposes of subsection 1, the Administrator of the Division of State Lands ofthe State Department of Conservation and Natural Resources, as ex officio StateLand Registrar, shall:
(a) For each of the 3 years immediately preceding theyear in which the land is leased:
(1) Divide the price of beef cattle as set forthin the beef price index for that year by the cost to produce livestock as setforth in the production price index for that year; and
(2) Multiply the quotient calculated pursuant tosubparagraph (1) by the base value specified in subsection 3 for that year; and
(b) Upon determining an amount for each year pursuantto paragraph (a), add each of those amounts and divide the sum by 3.
3. For the purposes of this section, the base value is$1.94 for the period beginning on July 1, 1997, and ending on December 31,2003. On January 1, 2004, and every 6 years thereafter, the Administrator shallrevise the base value to adjust for inflation.
4. As used in this section:
(a) Animal unit month means the amount of foragerequired to sustain one cow for one month.
(b) Beef price index means the index that:
(1) Indicates the price of beef cattle in thisstate; and
(2) Is calculated by the Administrator from datapublished annually by the United States Department of Agriculture.
(c) Production price index means the index that:
(1) Indicates the cost to produce livestock,including the costs related to interest, taxes and wages; and
(2) Is published annually by the United StatesDepartment of Agriculture.
(Added to NRS by 1997, 3394)
OTHER LAWFUL USES
NRS
1. In addition to any other authority granted to himpursuant to this chapter, the State Land Registrar may:
(a) Issue a permit, license or other authorization forany lawful use of state land administered by the Division of State Lands of theState Department of Conservation and Natural Resources; and
(b) Except as otherwise provided by specific statute,charge a fee for the issuance of such a permit, license or other authorizationin such an amount as the State Land Registrar determines to be reasonable basedupon the fair market value of the use.
2. The receipt of a permit, license or otherauthorization issued pursuant to this section does not excuse the recipientfrom compliance with any other provision of law regarding the use to which thepermit, license or other authorization applies, including any requirements toobtain any other permits, licenses or authorizations regarding that use.
(Added to NRS by 1993, 1457)
NRS
1. An applicant for a permit, license or otherauthorization to use state land or state facilities for a recreational purposeshall, if the permit, license or other authorization does not expire less than6 months after it is issued, submit to the State Land Registrar the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.
2. The State Land Registrar shall include thestatement required pursuant to subsection 1 in:
(a) The application or any other forms that must besubmitted for the issuance of the permit, license or other authorization; or
(b) A separate form prescribed by the State LandRegistrar.
3. A permit, license or other authorization to usestate land or state facilities for a recreational purpose that does not expireless than 6 months after it is issued may not be issued by the State LandRegistrar if the applicant:
(a) Fails to submit the statement required pursuant tosubsection 1; or
(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the State Land Registrarshall advise the applicant to contact the district attorney or other publicagency enforcing the order to determine the actions that the applicant may taketo satisfy the arrearage.
(Added to NRS by 1997, 2045)
NRS
1. If the State Land Registrar receives a copy of acourt order issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational andrecreational licenses, certificates and permits issued to a person who is theholder of a permit, license or other authorization to use state land or statefacilities for a recreational purpose, the State Land Registrar shall, if thepermit does not expire less than 6 months after it is issued, deem the permit,license or other authorization issued to that person to be suspended at the endof the 30th day after the date on which the court order was issued unless theState Land Registrar receives a letter issued to the holder of the permit,license or other authorization by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the permit, license or other authorization has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to
2. The State Land Registrar shall reinstate a permit,license or other authorization to use state land or state facilities for arecreational purpose that has been suspended by a district court pursuant to
(Added to NRS by 1997, 2046)
NRS
1. If an emergency causes an immediate threat to life,health or property, a person may perform work below the high water mark of anavigable river to the extent necessary to protect life, health or propertywithout first submitting an application to or securing a permit from the StateLand Registrar. If reasonably practicable, before proceeding with any such work,the person shall notify the State Land Registrar of the emergency by telephoneor other means. Upon completion of the work, the person initiating the workshall file an application with the State Land Registrar as required for thework completed.
2. Neither an application to nor a permit from theState Land Registrar is required for work performed below the high water markof a navigable river which constitutes routine maintenance or minor repairs, orboth, of an:
(a) Irrigation diversion structure; or
(b) Outfall structure that is regulated by anindividual permit issued pursuant to NRS445A.300 to 445A.730, inclusive,
if theirrigation diversion structure or outfall structure is not altered beyond theexisting permitted size, configuration and location and the river bed is notdisturbed.
3. Except as otherwise provided in subsections 1 and4, a person must file an application with the State Land Registrar and pay anyrequired application fee but is not required to secure a permit from the StateLand Registrar to perform work below the high water mark of a navigable riverfor the following types of projects:
(a) Clearance of vegetation that restricts the capacityof the channel or the flow of water of a navigable river, or both;
(b) Clearance of debris or temporary obstructions thatrestrict the capacity of the channel or the flow of water of a navigable river,or both; or
(c) Bank stabilization or restoration, where allmaterials used are appropriate natural materials as determined by the StateLand Registrar.
4. Unless otherwise notified by the State LandRegistrar, the person may proceed pursuant to subsection 3 with any such work14 days after a completed application and any required fees are submitted tothe State Land Registrar.
5. Work authorized by subsections 2 and 3:
(a) Must be performed in accordance with bestmanagement practices to protect water quality; and
(b) Must not significantly disturb or alter the riverbed or banks or the flow of water or alter the capacity of the channel.
6. Except as otherwise provided by subsections 1, 2and 3, a person must secure a permit from the State Land Registrar beforeproceeding with any work below the high water mark of a navigable river,including, but not limited to:
(a) Dredging or filling;
(b) Bank stabilization or restoration, where allmaterials used are not appropriate natural materials as determined by the StateLand Registrar;
(c) Channel clearance; or
(d) Construction of irrigation diversions.
7. The State Land Registrar shall process theapplication for a permit required by subsection 6 and issue the permit ornotify the applicant that the application has been denied, within 60 days afterthe receipt of a completed application and any required application fee. Thisperiod may be extended by mutual agreement between the State Land Registrar andthe applicant.
8. Unless the period for acting upon the applicationis extended by mutual agreement pursuant to subsection 7, a completedapplication, which was properly submitted pursuant to subsection 7 with anyrequired fees, that is not acted upon by the State Land Registrar within 60days after receipt shall be deemed approved and the work requested may proceedupon payment by the applicant of any required fee for the permit.
9. All state agencies which have jurisdiction within anavigable river shall cooperate with the State Land Registrar in compilinginformation needed to process a permit pursuant to subsection 7 and shallprovide a timely response to a request from the State Land Registrar forinformation or assistance.
10. Compliance with the provisions of this sectiondoes not relieve an applicant from the duty to comply with the provisions of
11. As used in this section, high water mark meansthe mean high water line to which high water ordinarily reaches, not includingfloodwaters.
(Added to NRS by 1997, 1260)
NRS
1. Except as otherwise provided in this section or byspecific statute, the State Land Registrar shall charge the followingnonrefundable fees:
(a) For the consideration of an application for theissuance of any lease, easement, permit, license or other authorization for:
(1) Any commercial use of state land other thanan agricultural use, a fee of $200.
(2) Any agricultural use of state land, a fee of$150.
(3) Any other use of state land, a fee of $100.
(b) For the consideration of an application for theamendment of any lease, easement, permit, license or other authorization for:
(1) Any commercial use of state land other thanan agricultural use, a fee of $100.
(2) Any agricultural use of state land, a fee of$75.
(3) Any other use of state land, a fee of $50.
2. The State Land Registrar shall charge anonrefundable fee of $10 for the consideration of an application for theissuance or amendment of a permit to engage in recreational dredging.
3. The State Land Registrar may waive any fee for theconsideration of an application regarding any permit, license or otherauthorization for the use of state land for which no fee is charged.
(Added to NRS by 1993, 1457)
NRS
1. A permit for:
(a) The commercial use of a pier or other facility forloading passengers on vessels in a navigable body of water, a fee of $125 peryear.
(b) The multiple residential use of a pier or otherfacility for loading passengers on vessels in a navigable body of water, a feeof $62.50 per year.
(c) The single residential use of a pier or otherfacility for loading passengers on vessels in a navigable body of water, a feeof $50 per year.
(d) Any other use of a pier or other facility forloading passengers on vessels in a navigable body of water, a fee of $62.50 peryear.
2. A permit for:
(a) The commercial use:
(1) Of a boat hoist, boat house, boat ramp, boatslip, deck or a similar device or structure in or on a navigable body of water,a fee of $50 per year, except that no fee may be charged for a boat hoist, boathouse or deck which is attached to a pier.
(2) Of a mooring buoy or similar device formooring vessels in or on a navigable body of water, a fee of $10 per month or$100 per year.
(b) Any other use:
(1) Of a boat hoist, boat house, boat ramp, boatslip, deck or a similar device or structure in or on a navigable body of water,a fee of $25 per year, except that no fee may be charged for a boat hoist, boathouse or deck which is attached to a pier.
(2) Of a mooring buoy or similar device formooring vessels in or on a navigable body of water, a fee of $5 per month or$30 per year.
(c) Any use of a boat-fueling facility in or on anavigable body of water, a fee of $250 per year.
(Added to NRS by 1993, 1457; A 1995, 578, 2511)
NRS
1. The State Land Registrar shall grant a personcredit towards the fee required pursuant to NRS322.120 for the commercial use of state land in an amount equal to:
(a) The amount that the total fees charged to thatperson pursuant to that section for the previous year exceeded one and one-halfcents for each gallon of fuel sold plus 5 percent of that persons grossrevenue from the commercial use of that state land, excluding the sale of fuel,for that year;
(b) The amount that the United States Forest Servicereturned to the State of Nevada from money that the person was required to paypursuant to a lease or permit to use federal land during the previous yearwhich is attributable to revenues earned on land belonging to the State ofNevada; and
(c) The difference between the fee for a permit forcommercial use and the fee for a permit for multiple residential use if duringthe previous year the person paid the fee for a permit for commercial use butdid not conduct that commercial use.
2. A person who is eligible for a credit pursuant tosubsection 1 shall demonstrate to the satisfaction of the State Land Registrarthat he is entitled to such a credit.
3. If the amount of a credit granted pursuant to thissection exceeds the amount of the fee imposed pursuant to
(Added to NRS by 1995, 2510)
NRS
1. A permit to engage in a project for dredging orfilling, to construct or install any gabion, riprap or similar protectivestructure on state land or in a navigable body of water, or to construct orinstall any groin, seawall, breakwater, jetty or similar protective structurein a navigable body of water, for:
(a) Any commercial use other than an agricultural use,a fee of $1,000.
(b) Any agricultural use, a fee of $300.
(c) Any other use, except as otherwise provided insubsection 2, a fee of $250.
2. A permit to engage in recreational dredging, a feeof $50 per year or $5 per day.
3. A permit to construct or install a structure onstate land for the diversion of water to irrigate any land for agriculturaluse, a fee of $100. The State Land Registrar shall not charge a fee for the useof state land to maintain or repair such a structure.
(Added to NRS by 1993, 1458)
NRS
1. To protect or promote the public health or safety;or
2. For a short term, if the use:
(a) Is not conducted primarily for profit; and
(b) Is conducted in such a manner as to cause noessential change in or damage to the state land.
(Added to NRS by 1993, 1458; A 1995, 2512)
NRS
(Added to NRS by 1993, 1458)
NRS
1. If the fee is for any authorization to use landgranted to the State by the Federal Government for educational purposes, theproceeds must be paid into the State Treasury for credit to the State PermanentSchool Fund.
2. If the fee is for any authorization to use anyother state land, the proceeds must be paid into the State Treasury for creditto the State General Fund.
(Added to NRS by 1993, 1459; A 1995, 811; 1997, 1262)
NRS
(Added to NRS by 1993, 1459; A 1995, 2512; 1997,1262, 2046)
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