2005 Nevada Revised Statutes - Chapter 407 — State Parks and Monuments

CHAPTER 407 - STATE PARKS AND MONUMENTS

DIVISION OF STATE PARKS

NRS 407.011 Definitions.

NRS 407.013 Declarationof legislative intent.

NRS 407.015 Creation.

NRS 407.037 Administrator:Creation of position; classification.

NRS 407.043 Administrator:Qualifications.

NRS 407.045 Administrator:Salary; other employment.

NRS 407.047 Administrator:Powers and duties.

NRS 407.0475 Administrator:Regulations; penalty for violation of regulations.

NRS 407.055 Administratorsdeputies: Designation; powers and duties; compensation; other employment.

NRS 407.057 Officesof Division; leases and agreements for offices.

NRS 407.063 Acquisitionof real and personal property; eminent domain; consultation with localgovernment before acquisition of undeveloped real property surrounding statepark.

NRS 407.065 Generalpowers and duties of Administrator.

NRS 407.067 Cooperativeagreement with Federal Government, state agency or others.

NRS 407.068 Cooperativeagreement with state agency or certain political subdivision for operation,establishment or maintenance of certain parks; terms; apportionment of costs.

NRS 407.069 Agreementsfor development, improvement and maintenance of certain recreational facilitieslocated in state park.

NRS 407.073 Exhibitsand displays.

NRS 407.075 StatePark Grant and Gift Fund: Creation; deposits; expenditures.

NRS 407.0762 Accountfor Maintenance of State Parks: Creation; deposits; money in Account does notlapse; expenditures.

NRS 407.0763 Accountfor Maintenance of State Park Facilities and Grounds: Creation; money inAccount does not lapse; expenditures.

NRS 407.0765 Feesfor repair, operation and maintenance of sewer, water and electrical systemswithin state parks; deposit; separate accounting; expenditures.

NRS 407.077 Legislativeappropriations; claims.

NRS 407.079 Temporarytransfer of money from State General Fund to pay claims for project of capitalconstruction.

STATE PARKS

NRS 407.080 Cathedral Gorge State Park.

NRS 407.090 Kershaw Canyon-Ryan State Park.

NRS 407.100 Beaver Dam State Park.

NRS 407.110 Boulder Dam-Valley of Fire State Park.

STATE MONUMENTS, LANDMARKS AND RECREATIONAL AREAS

NRS 407.120 Designationof state park, state monument or recreational area.

NRS 407.130 Protectionand development of state monument, historic landmark, historic building,historic site, archeological area or recreational area.

NRS 407.140 MormonStation Historical State Monument.

NRS 407.150 Fort Churchill Historical State Monument.

NRS 407.155 Washoe Lake designated state recreational area.

ICHTHYOSAUR PARK

NRS 407.160 Shorttitle.

NRS 407.170 Protectionand maintenance of site of discovery of ichthyosaur.

NRS 407.200 Powersand duties of Division.

OUTDOOR RECREATION

NRS 407.205 Statewideplan for outdoor recreation; financial assistance and accounting for projects.

NRS 407.207 Representationof state agencies and political subdivisions in obtaining federal assistancefor outdoor recreation.

NRS 407.2072 Feesfor administration of certain federal grants: Imposition; payment andcollection.

NRS 407.2074 Feesfor administration of certain federal grants: Disposition; use.

NRS 407.209 Determinationof availability of money for state or local share of costs of project.

UNLAWFUL ACTS AND PENALTIES

NRS 407.250 Unauthorizedremoval of timber or property; destruction of property; penalty.

_________

DIVISION OF STATE PARKS

NRS 407.011 Definitions. As used in this chapter, unless the context requiresotherwise:

1. Administrator means the Administrator of theDivision.

2. Department means the State Department ofConservation and Natural Resources.

3. Director means the Director of the Department.

4. Division means the Division of State Parks of theDepartment.

(Added to NRS by 1961, 177; A 1963, 828; 1967, 1280;1977, 1128; 1993, 1598)

NRS 407.013 Declarationof legislative intent. It is the intention ofthe Legislature that the Division shall acquire, protect, develop and interpreta well-balanced system of areas of outstanding scenic, recreational, scientificand historical importance for the inspiration, use and enjoyment of the peopleof the State of Nevada and that such areas shall be held in trust asirreplaceable portions of Nevadas natural and historical heritage.

(Added to NRS by 1961, 177; A 1977, 1128)

NRS 407.015 Creation. There is hereby created the Division of State Parks in theState Department of Conservation and Natural Resources.

(Added to NRS by 1961, 177; A 1963, 829; 1977, 1128)

NRS 407.037 Administrator:Creation of position; classification. Theposition of Administrator of the Division of State Parks is hereby created. TheAdministrator is in the unclassified service of the State.

(Added to NRS by 1961, 178; A 1963, 830; 1965, 704;1977, 1129)

NRS 407.043 Administrator:Qualifications. The Administrator shall havedemonstrated executive ability and be experienced in parks activities andprograms.

(Added to NRS by 1961, 178; A 1963, 830; 1977, 1129)

NRS 407.045 Administrator:Salary; other employment.

1. The salary of the Administrator may be apportionedand paid from any money available to the Division, unless otherwise provided bylaw.

2. Except as otherwise provided in NRS 284.143, the Administrator shall devotehis entire time and attention to the business of his office and shall notpursue any other business or occupation or hold any other office of profit.

(Added to NRS by 1961, 178; A 1963, 830; 1965, 704;1967, 1496; 1971, 1434; 1977, 1129; 1981, 1279; 1985, 420; 1995, 2314)

NRS 407.047 Administrator:Powers and duties.

1. As the executive head of the Division, theAdministrator, subject to administrative supervision by the Director, shalldirect and supervise all administrative, fiscal, budget and technicalactivities of the Division, and all programs administered by the Division asprovided by law.

2. The Administrator may organize the Division intovarious sections and, from time to time, alter such organization and reassignresponsibilities and duties as he may deem appropriate.

3. The Administrator shall:

(a) Coordinate the activities of the various sectionsof the Division.

(b) Report to the Director upon all matters pertainingto the administration of his office.

(c) Submit a biennial report to the Director on the workof the Division, with recommendations that he may deem necessary.

(d) Appoint such technical, clerical and operationalstaff as the execution of his duties and the operation of the Division mayrequire.

(Added to NRS by 1961, 178; A 1963, 830; 1973, 978;1977, 1130; 1985, 420)

NRS 407.0475 Administrator:Regulations; penalty for violation of regulations.

1. The Administrator shall adopt such regulations ashe finds necessary for carrying out the provisions of this chapter and otherprovisions of law governing the operation of the Division. The regulations mayinclude prohibitions and restrictions relating to activities within any of thepark or recreational facilities within the jurisdiction of the Division.

2. Any regulations relating to the conduct of personswithin the park or recreational facilities must:

(a) Be directed toward one or both of the following:

(1) Prevention of damage to or misuse of thefacility.

(2) Promotion of the inspiration, use andenjoyment of the people of this state through the preservation and use of thefacility.

(b) Apply separately to each park, monument orrecreational area and be designed to fit the conditions existing at that park,monument or recreational area.

3. Any person whose conduct violates any regulationadopted pursuant to subsection 1, and who refuses to comply with the regulationupon request by any ranger or employee of the Division who has the powers of apeace officer pursuant to NRS 289.260,is guilty of a misdemeanor.

(Added to NRS by 1973, 978; A 1975, 801; 1977, 1130;1985, 368; 1993, 2532)

NRS 407.055 Administratorsdeputies: Designation; powers and duties; compensation; other employment.

1. The Administrator may designate an employee oremployees of the Division to act as his deputy or deputies. In case of theabsence of the Administrator, or his inability from any cause to discharge thepowers and duties of his office, such powers and duties devolve upon his deputyor deputies.

2. Deputies shall receive annual salaries in theamounts determined pursuant to statute.

3. Except as otherwise provided in NRS 284.143, each deputy shall devote hisentire time and attention to the business of his office and shall not pursueany other business or occupation or hold any other office of profit.

(Added to NRS by 1961, 179; A 1963, 831; 1967, 1496;1971, 1434; 1977, 1131; 1995, 2314)

NRS 407.057 Officesof Division; leases and agreements for offices.

1. The Division shall maintain its headquarters officeat Carson City, Nevada.

2. The Division may maintain such district or branchoffices throughout the State as the Administrator may deem necessary to theefficient operation of the Division and the various sections thereof. TheAdministrator may, subject to the approval of the Director, enter into suchleases or other agreements as may be necessary to the establishment of suchdistrict or branch offices. Such leases or agreements must be executed incooperation with the Buildings and Grounds Division of the Department ofAdministration and in accordance with the provisions of NRS 331.110.

(Added to NRS by 1961, 179; A 1963, 1290; 1973, 1474;1977, 1131; 1993, 1598)

NRS 407.063 Acquisitionof real and personal property; eminent domain; consultation with localgovernment before acquisition of undeveloped real property surrounding statepark.

1. The Administrator may acquire for the Division,subject to the approval of the Director and with the concurrence of the InterimFinance Committee, and within the limits of legislative appropriation wheremoney is required, real or personal property by lease or purchase. The right ofeminent domain as provided by chapter 37 ofNRS may be exercised by the Division. The Interim Finance Committee may clarifythe legislative intent of an appropriation at the request of the Director, anymember of the advisory board on natural resources or the Administrator.

2. Before approving the acquisition of real propertyto expand the area of land that surrounds a state park and in which developmentis to be restricted, the Interim Finance Committee shall consult the governingbody of the county, city or town in which the land to be acquired is located.

(Added to NRS by 1961, 179; A 1969, 1172; 1973, 995;1977, 1131; 1979, 619; 1985, 805; 1993, 1598)

NRS 407.065 Generalpowers and duties of Administrator.

1. The Administrator, subject to the approval of theDirector:

(a) Except as otherwise provided in this paragraph, mayestablish, name, plan, operate, control, protect, develop and maintain stateparks, monuments and recreational areas for the use of the general public. Thename of an existing state park, monument or recreational area may not bechanged unless the Legislature approves the change by statute.

(b) Shall protect state parks and property controlledor administered by the Division from misuse or damage and preserve the peacewithin those areas. The Administrator may appoint or designate certainemployees of the Division to have the general authority of peace officers.

(c) May allow multiple use of state parks and realproperty controlled or administered by the Division for any lawful purpose,including, but not limited to, grazing, mining, development of naturalresources, hunting and fishing, in accordance with such regulations as may beadopted in furtherance of the purposes of the Division.

(d) Shall impose and collect reasonable fees forentering, camping and boating in state parks and recreational areas. TheDivision shall issue, upon application therefor and proof of residency and age,an annual permit for entering, camping and boating in all state parks andrecreational areas in this State to any person who is 65 years of age or olderand has resided in this State for at least 5 years immediately preceding thedate on which the application is submitted. The permit must be issued withoutcharge, except that the Division shall charge and collect an administrative feefor the issuance of the permit in an amount sufficient to cover the costs ofissuing the permit.

(e) May conduct and operate such special services asmay be necessary for the comfort and convenience of the general public, andimpose and collect reasonable fees for such special services.

(f) May rent or lease concessions located within theboundaries of state parks or of real property controlled or administered by theDivision to public or private corporations, to groups of natural persons, or tonatural persons for a valuable consideration upon such terms and conditions asthe Division deems fit and proper, but no concessionaire may dominate any statepark operation.

(g) May establish such capital projects constructionfunds as are necessary to account for the parks improvements program approvedby the Legislature. The money in these funds must be used for the constructionand improvement of those parks which are under the supervision of theAdministrator.

2. The Administrator:

(a) Shall issue an annual permit to a person who pays areasonable fee as prescribed by regulation which authorizes the holder of thepermit to enter each state park and each recreational area in this State and,except as otherwise provided in subsection 3, use the facilities of the statepark or recreational area without paying the entrance fee; and

(b) May issue an annual permit to a person who pays areasonable fee as prescribed by regulation which authorizes the holder of thepermit to enter a specific state park or specific recreational area in thisState and, except as otherwise provided in subsection 3, use the facilities ofthe state park or recreational area without paying the entrance fee.

3. An annual permit issued pursuant to subsection 2does not authorize the holder of the permit to engage in camping or boating, orto attend special events. The holder of such a permit who wishes to engage incamping or boating, or to attend special events, must pay any fee establishedfor the respective activity.

4. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuantto paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must bedeposited in the State General Fund.

(Added to NRS by 1961, 180; A 1963, 831; 1971, 2078;1973, 247; 1977, 794, 1131; 1979, 108; 1985, 287; 1993, 217, 1029, 2532; 1999, 977; 2003, 1216, 3221)

NRS 407.067 Cooperativeagreement with Federal Government, state agency or others. In the administration of various programs by the Divisionas provided by law, the Administrator, subject to the approval of the Director,may cooperate, financially or otherwise, and execute contracts or agreementswith the Federal Government or any federal department or agency, any otherstate department or agency, any county, city, public district or politicalsubdivision of this State, any public or private corporation, any naturalperson, or any group of natural persons, but such cooperation shall not of itselfrelieve any such cooperator of any responsibility or liability existing underany provision of law.

(Added to NRS by 1961, 180; A 1977, 1132; 1979, 619)

NRS 407.068 Cooperativeagreement with state agency or certain political subdivision for operation,establishment or maintenance of certain parks; terms; apportionment of costs.

1. As used in this section:

(a) Controlling subdivision means any politicalsubdivision of this State, including irrigation, water conservancy and otherdistricts, which owns or controls a site suited to a public park.

(b) Other state agency means any other agency of thisState which owns or controls a site suited to a public park or is engaged inpark and recreation development.

(c) Park includes any recreational facility.

(d) Using subdivision means any political subdivisionof this State which is authorized to establish and maintain public parks.

2. The Administrator, subject to the approval of theDirector, may enter into cooperative agreements for the operation of parks, nota part of the Division but which are of state park caliber, with any otherstate agency, controlling subdivision or using subdivision, for the primarypurpose of establishing or maintaining a park where:

(a) A controlling subdivision is not authorized toestablish or maintain parks; or

(b) A using subdivision would be subjected to an unfairfinancial burden through extensive use of the park by nonresidents of the usingsubdivision.

3. Such an agreement must include:

(a) The Division;

(b) The using subdivision in which the site is located;and

(c) The controlling subdivision or other state agency.

Theagreement may include any other using subdivision whose residents may beexpected to make substantial use of the park.

4. The Division shall apportion the cost of operation,or the combined state and local shares of the cost if federal funds are alsoreceived, as follows:

(a) As between the State and the using subdivision orsubdivisions, on the basis of the number of persons residing outside the usingsubdivisions, as against the number of residents of such subdivisions, who areestimated or anticipated by the Division to use the park.

(b) As between two or more using subdivisions, on thebasis of the number of residents of each so estimated or anticipated to use thepark.

5. In addition to the cooperative agreementsauthorized pursuant to subsection 2, the Administrator, subject to the approvalof the Director, may enter into a cooperative agreement with a usingsubdivision for the purpose of establishing and maintaining a park that:

(a) Is under the jurisdiction of the Division; and

(b) Will be used primarily by residents of the usingsubdivision.

(Added to NRS by 1965, 1410; A 1977, 1132; 2003, 1688, 3222)

NRS 407.069 Agreementsfor development, improvement and maintenance of certain recreational facilitieslocated in state park. In the utilization ofthe money received pursuant to the provisions of NRS 365.535, the Administrator, subject tothe approval of the Director, may execute agreements with federal and stateagencies, counties and special districts for the development, improvement, operationand maintenance of boating facilities and other outdoor recreational facilitieslocated in any state park that includes a body of water used for recreationalpurposes.

(Added to NRS by 1965, 1070; A 1977, 1133; 1983, 448;2001, 1075)

NRS 407.073 Exhibitsand displays.

1. The Division may exhibit and display property,objects, articles, things and commodities at exhibits, fairs, expositions andplaces of public or private exhibition.

2. The Administrator, subject to the approval of theDirector, may negotiate, consult with and agree with institutions, departments,officers, persons and corporations of and in the State of Nevada and elsewhereconcerning quarters for and the preservation, care, transportation, storing,custody, display and exhibition of property, objects, articles, things andcommodities, and concerning the terms and cost thereof, the manner, time, placeand extent thereof, and the return thereof.

3. The Division shall have sole responsibility for andjurisdiction of any museum or exhibit maintained on state park property.

(Added to NRS by 1961, 180; A 1965, 69; 1977, 1133)

NRS 407.075 StatePark Grant and Gift Fund: Creation; deposits; expenditures.

1. The State Park Grant and Gift Fund is herebycreated as a special revenue fund for the use of the Division.

2. All grants and gifts of money which the Division isauthorized to accept must be deposited with the State Treasurer for credit tothe State Park Grant and Gift Fund.

3. Expenditures from the State Park Grant and GiftFund must be made only for the purpose of carrying out the provisions of thischapter and other programs or laws administered by the Division.

(Added to NRS by 1961, 181; A 1973, 248; 1977, 1133;1979, 109, 620; 2001,2753)

NRS 407.0762 Accountfor Maintenance of State Parks: Creation; deposits; money in Account does notlapse; expenditures.

1. The Account for Maintenance of State Parks withinthe Division of State Parks is hereby created in the State General Fund. Exceptas otherwise provided in NRS 407.0765,any amount of fees collected pursuant to paragraphs (d), (e) and (f) ofsubsection 1 or subsection 2 of NRS 407.065in a calendar year, which is in excess of the amounts authorized forexpenditure from that revenue source in the Divisions budget for the fiscalyear beginning in that calendar year, must be deposited in the Account. Theinterest and income earned on the money in the Account, after deducting anyapplicable charges, must be credited to the Account.

2. The money in the Account does not lapse to theState General Fund at the end of any fiscal year.

3. The money deposited in the Account pursuant tosubsection 1 must only be used to repair and maintain state parks, monumentsand recreational areas.

4. Before the Administrator may expend money pursuantto subsection 3:

(a) For emergency repairs and projects with a cost ofless than $25,000, he must first receive the approval of the Director.

(b) For projects with a cost of $25,000 or more, otherthan emergency repairs, he must first receive the approval of the Director andof the Interim Finance Committee.

(Added to NRS by 1993, 217; A 1993, 1029; 1995, 184; 1999, 805, 978; 2003, 1217, 3223)

NRS 407.0763 Accountfor Maintenance of State Park Facilities and Grounds: Creation; money inAccount does not lapse; expenditures.

1. The Account for Maintenance of State ParkFacilities and Grounds is hereby created in the State General Fund. Theinterest and income earned on the money in the Account, after deducting anyapplicable charges, must be credited to the Account. The money in the Accountdoes not lapse to the State General Fund at the end of any fiscal year.

2. The Administrator may expend the interest andincome earned on the money in the Account to repair and maintain state parkfacilities and grounds. The Administrator may expend the interest and income inthe Account or allow it to accrue until a sufficient amount is available forrepair and maintenance projects. The Administrator shall not expend theprincipal of the Account.

(Added to NRS by 2005, 583)

NRS 407.0765 Feesfor repair, operation and maintenance of sewer, water and electrical systemswithin state parks; deposit; separate accounting; expenditures.

1. The Administrator, with the approval of theDirector, may collect at each state park a fee for the repair, operation andmaintenance of sewer, water and electrical systems within the park. Any feescollected pursuant to this section must be deposited in the Account forMaintenance of State Parks within the Division of State Parks created in NRS 407.0762.

2. The money deposited in the Account pursuant to thissection must be accounted for separately for each park and must only be usedfor the repair, operation and maintenance of the sewer, water and electricalsystems in the park in which the money was collected.

3. The Administrator, subject to the approval of theDirector, may expend money pursuant to subsection 2.

(Added to NRS by 1993, 1028; A 1995, 184)

NRS 407.077 Legislativeappropriations; claims.

1. Money to carry out the provisions of this chapterand to support the Division, its various sections, and programs administered bythe Division, may be provided by direct legislative appropriation from theGeneral Fund.

2. All money in any fund in the State Treasuryavailable to the Division shall be paid out on claims approved by theAdministrator as other claims against the State are paid.

(Added to NRS by 1961, 181; A 1963, 831; 1977, 1134)

NRS 407.079 Temporarytransfer of money from State General Fund to pay claims for project of capitalconstruction. Whenever properly approvedclaims payable out of the State Park Grant and Gift Fund or any other fund or accountused by the Division for a project of capital construction exceed the amountwhich is available in such fund or account, and the project is financed in partby money to be made available to the Division by the United States or any ofits agencies or instrumentalities, the State Controller may transfertemporarily from the State General Fund to such fund or account an amountrequired to pay those claims but not more than the amount collectible from theUnited States for the particular project.

(Added to NRS by 1979, 194)

STATE PARKS

NRS 407.080 CathedralGorge State Park.

1. Sections 30 and 31, T. 1 S., R. 68 E., and the N1/2 of section 6, T. 2 S., R. 68 E., M.D.B. & M., containing 1,578.66acres, more or less, are hereby reserved from sale and are set apart for alltime for state park and recreational purposes, and shall be known as CathedralGorge State Park.

2. The land described in subsection 1 was patented tothe State of Nevada by the United States of America under Patent No. 1,052,084,issued November 30, 1931.

[1:85:1935; 1931 NCL 5584.01]

NRS 407.090 KershawCanyon-Ryan State Park.

1. The NE 1/4 of the NE 1/4 of section 19, T. 4 S., R.67 E., M.D.B. & M., containing 40 acres, more or less, having been receivedby gift, duly deeded to the State of Nevada by James Ryan and his wife, MarthaAnn Ryan, of Caliente, Lincoln County, Nevada, with the stipulation that it beused only for park purposes, is hereby reserved from sale and is set aside forall time for state park and recreational purposes, and shall be known as KershawCanyon-Ryan State Park.

2. The E 1/2 of the NW 1/4, the W 1/2 and the SE 1/4of the NE 1/4 of section 19, T. 4 S., R. 67 E., M.D.B. & M., containing 200acres, more or less, is also included in the Kershaw Canyon-Ryan State Parkwhen such land is acquired by exchange of lands between the State of Nevadaunder the Act of Congress approved June 8, 1926.

3. The Surveyor General of the State of Nevada isdirected to enter into negotiations with the United States of America so as toprovide for the exchange of lands referred to in subsection 2.

[2:85:1935; 1931 NCL 5584.02] + [Part 7:85:1935;1931 NCL 5584.07]

NRS 407.100 BeaverDam State Park.

1. The SW 1/4 of the SW 1/4 of section 16; the E 1/2of section 17; the N 1/2 and the SE 1/4 of the NW 1/4, the NE 1/4 of the SW1/4, the SW 1/4 of the NE 1/4, the W 1/2 of the SE 1/4 and lots 2 and 3 ofsection 21; all in T. 5 S., R. 71 E., M.D.B. & M., containing 718.62 acres,more or less, shall be known as Beaver Dam State Park, and shall be reserved fromsale and set aside for all time for state park and recreational purposes, whensuch land is acquired by exchange of lands between the State of Nevada underthe Act of Congress approved June 8, 1926.

2. The Surveyor General of the State of Nevada is directedto enter into negotiations with the United States of America so as to providefor the exchange of lands referred to in subsection 1.

[3:85:1935; 1931 NCL 5584.03] + [Part 7:85:1935;1931 NCL 5584.07]

NRS 407.110 BoulderDam-Valley of Fire State Park.

1. The N 1/2 of section 25, the W 1/2 of the NW 1/4and the NW 1/4 of the SW 1/4 of section 26, T. 16 S., R. 66 E., M.D.B. &M.; all of sections 1, 12, 13, the E 1/2 of section 14, the SE 1/4 of section22, all of section 23, all of section 24, the N 1/2 of section 26, the NE 1/4of section 27, T. 17 S., R. 66 E., M.D.B. & M.; the S 1/2 of section 13,all of sections 19, 20, 21, 22, 23, the N 1/2 of section 24, and the N 1/2 ofsection 27, T. 17 S., R. 67 E., M.D.B. & M., containing 8,752.47 acres,more or less, are hereby reserved from sale and are set apart for all time forstate park and recreational purposes, and shall be known as Boulder Dam-Valleyof Fire State Park.

2. The land described in subsection 1 was patented tothe State of Nevada by the United States of America under Patent No. 1,052,084,issued November 30, 1931.

[4:85:1935; 1931 NCL 5584.04](NRS A 1957, 191)

STATE MONUMENTS, LANDMARKS AND RECREATIONAL AREAS

NRS 407.120 Designationof state park, state monument or recreational area. Uponthe recommendation of the Administrator and the Director, the Governor may, byproclamation, designate any site, place or building located on any publiclyowned land, or any land in the state held by the Division under lease orpermit, as a state park, state monument or recreational area.

[1:293:1955](NRS A 1957, 568; 1963, 832; 1977, 1134,1361; 1979, 272)

NRS 407.130 Protectionand development of state monument, historic landmark, historic building,historic site, archeological area or recreational area. The Division shall administer, protect and develop anystate monument, historic landmark, historic building, historic site,archeological area or recreational area designated as provided in NRS 407.120 or listed in the State Registerof Historic Places which is situated on land administered by the Division, andany money appropriated to the Division, or derived by it from any sourcewhatever, may be expended by it for the care, protection, supervision,improvement or development of any such state monument, historic landmark,historic building, historic site, archeological area or recreational area.

[2:293:1955](NRS A 1963, 832; 1977, 1134; 1979, 272)

NRS 407.140 MormonStation Historical State Monument. The Genoafort and stockade and the land upon which it is located, in Douglas County,Nevada, is designated as Mormon Station Historical State Monument and is placedunder the jurisdiction of the Division as a state park, when it is determinedby the Administrator that title to the land occupied by the Genoa fort andstockade is in the State of Nevada.

[4:157:1947](NRS A 1957, 568; 1963, 832; 1977, 1134)

NRS 407.150 FortChurchill Historical State Monument. Fort Churchilland the land upon which it is located in Lyon County, Nevada, is designated asFort Churchill Historical State Monument and is placed under the jurisdictionof the Division as a state park.

[1:137:1931; A 1933, 115](NRS A 1961, 151; 1963,832; 1977, 1134)

NRS 407.155 WashoeLake designated state recreational area. WashoeLake is hereby designated a state recreational area.

(Added to NRS by 1985, 1453)

ICHTHYOSAUR PARK

NRS 407.160 Shorttitle. NRS407.160, 407.170 and 407.200 may be cited as the IchthyosaurPark Act.

[1:398:1955]

NRS 407.170 Protectionand maintenance of site of discovery of ichthyosaur. TheDivision shall protect and maintain the ichthyosaur discovery site located inBerlin Canyon, Shoshone Range, Nye County, Nevada.

[Part 2:398:1955](NRS A 1957, 568; 1963, 832; 1977,1135)

NRS 407.200 Powersand duties of Division.

1. The Division may take such action as is necessaryto carry NRS 407.160, 407.170 and 407.200 into effect. The Administrator may,with the advice, assistance and cooperation of the Attorney General, determinetitle to the land occupied by the ichthyosaur discovery site, and take anyaction which is necessary for the preservation of the ichthyosaur site, and thepermanent protection of the site and the objects on the site for the benefit ofthe people of the State of Nevada.

2. The Division may receive and expend money from theState of Nevada and receive and expend money from any other public or privateinstitution or person in order to carry out its purposes.

3. The Division may employ a park custodian tosupervise the care and protection of the ichthyosaur discovery site and employsuch other employees and consultants as, in the judgment of the Administrator,may be necessary to carry out the purposes of NRS407.160, 407.170 and 407.200.

4. The Administrator may, subject to the approval ofthe Director, appoint an advisory board consisting of recognizedpaleontologists from within or without the State of Nevada to assist him incarrying out his functions and purposes.

5. When title to the land occupied by the ichthyosaurdiscovery site is determined to be in the State of Nevada, or is obtained inthe name of the State of Nevada, the Administrator shall cause a description ofsuch site to be recorded with the county recorder of Nye County, Nevada, andupon such recordation the land so described shall be, by proclamation of theGovernor, set apart for all time as an historical monument and state park underthe jurisdiction of the Division.

[3:398:1955](NRS A 1957, 568; 1963, 832; 1977, 1135)

OUTDOOR RECREATION

NRS 407.205 Statewideplan for outdoor recreation; financial assistance and accounting for projects.

1. The Division shall prepare and maintain acomprehensive statewide outdoor recreation plan. The plan shall contain:

(a) An evaluation of the demand for and supply ofoutdoor recreation resources and facilities in the State;

(b) A program for the implementation of the plan; and

(c) Other necessary information, as may be determinedby the Administrator.

2. The plan shall:

(a) Take into account relevant federal resources andprograms; and

(b) Be correlated so far as practicable with otherstate, regional and local plans.

3. The Administrator, subject to the approval of theDirector, may represent and act for the State in dealing with the FederalGovernment or any of its agencies, instrumentalities or officers for thepurposes of receiving financial assistance for planning, acquisition ordevelopment of outdoor recreation projects pursuant to the provisions offederal law. When an outdoor recreation project is combined with an historicpreservation project the Director or his designee is responsible for representingand acting for the State in dealing with the Federal Government.

4. The Administrator, subject to the approval of theDirector, may accept, administer and disburse to other state agencies andpolitical subdivisions money paid by the Federal Government to the State ofNevada as financial assistance for planning, acquisition or development ofoutdoor recreation projects, and the Administrator shall, on behalf of theState, keep such records as the Federal Government prescribes, and as willfacilitate an effective audit, including records which fully disclose:

(a) The amount and the disposition by the State of theproceeds of such assistance;

(b) The total cost of the project or undertaking inconnection with such assistance as given or used; and

(c) The amount and nature of that portion of the costof the project or undertaking supplied by other sources.

5. Authorized representatives of the FederalGovernment shall have access for the purpose of audit and examination to anybooks, documents, papers and records of the State that are pertinent tofinancial assistance received by the State pursuant to federal law forplanning, acquisition or development of outdoor recreation projects.

(Added to NRS by 1964, 26; A 1965, 103; 1971, 124;1977, 1135, 1361)

NRS 407.207 Representationof state agencies and political subdivisions in obtaining federal assistancefor outdoor recreation. The Administrator,subject to the approval of the Director, may apply to any appropriate agency orofficer of the United States for participation in or the receipt of aid fromany federal program respecting outdoor recreation. In connection with obtainingthe benefits of any such program, the Division shall coordinate its activitieswith and represent the interest of all other agencies and politicalsubdivisions of the State having interests in the planning, development andmaintenance of outdoor recreation resources and facilities.

(Added to NRS by 1965, 102; A 1971, 125; 1977, 1136,1362)

NRS 407.2072 Feesfor administration of certain federal grants: Imposition; payment andcollection.

1. The Administrator, subject to the approval of theDirector, may charge and collect from each grant recipient a fee foradministering the federal grants provided to the State of Nevada and itspolitical subdivisions for the planning, acquisition or development of outdoorrecreational projects pursuant to the Land and Water Conservation Fundestablished by 16 U.S.C. 460l-5 to the extent that such a fee does notviolate the terms of such a federal grant.

2. If a fee is charged pursuant to subsection 1:

(a) The fee must be charged only once annually.

(b) The total of all fees collected annually pursuantto subsection 1 must not exceed an amount equal to the annual salary of ahalf-time position the duty of which is to administer the federal grants.

3. Notwithstanding any other specific provision to thecontrary, if a fee is charged to the Division pursuant to subsection 1, the feemay be paid from money received by the Division for the planning, acquisitionor development of outdoor recreational projects regardless of the source of themoney to the extent that such payment of the fee does not violate the terms ofany federal grant awarded to the State of Nevada.

(Added to NRS by 2003, 3220)

NRS 407.2074 Feesfor administration of certain federal grants: Disposition; use.

1. Any money the Administrator receives pursuant to NRS 407.2072:

(a) Must be deposited in the State Treasury andaccounted for separately in the State General Fund;

(b) Does not revert to the State General Fund at theend of any fiscal year; and

(c) May be used by the Administrator only to pay thecosts of administering the federal grants provided for the planning,acquisition or development of outdoor recreational projects pursuant to theLand and Water Conservation Fund established by 16 U.S.C. 460l-5. The costsof administering those federal grants include, without limitation, costs forthe salary, travel expenses and per diem allowances of the person whose duty isto administer the federal grants.

2. Any interest or income earned on the money in theaccount, after deducting applicable charges, must be credited to the account.Any claims against the account must be paid in the manner that other claimsagainst the State are paid.

(Added to NRS by 2003, 3221)

NRS 407.209 Determinationof availability of money for state or local share of costs of project. The Administrator, subject to the approval of the Director,shall make no commitment, nor shall he enter into any agreement pursuant to NRS 407.205 to 407.209, inclusive, until he has determinedthat sufficient funds are available to the Division for meeting the Statesshare, if any, of project costs. It is the legislative intent that, to suchextent as may be necessary to assure the proper operation and maintenance ofareas and facilities acquired or developed pursuant to any program participatedin by this state under NRS 407.205 to 407.209, inclusive, such areas andfacilities must be publicly maintained for outdoor recreation purposes. TheAdministrator, subject to the approval of the Director, may enter into andadminister agreements with the United States or any appropriate agency thereoffor planning, acquisition and development projects involving participatingfederal aid funds on behalf of any political subdivision or subdivisions ofthis state if such subdivision or subdivisions give necessary assurances to theDivision that they have available sufficient funds to meet their shares, ifany, of the cost of the project and that the acquired or developed areas willbe operated and maintained at the expense of such subdivision or subdivisionsfor public outdoor recreation use.

(Added to NRS by 1965, 102; A 1971, 125; 1977, 1136,1362; 2003, 3223)

UNLAWFUL ACTS AND PENALTIES

NRS 407.250 Unauthorizedremoval of timber or property; destruction of property; penalty.

1. The cutting or removal of any timber or otherforest growth, the destruction thereof by fire or other means, except wheresuch cutting or removal is authorized by proper authority for the properadministration or protection of any park or park lands, is hereby prohibitedwithin any of the park or recreational areas within the jurisdiction of theDivision.

2. The destruction or removal of any buildings, partsof buildings, other structures, tables, stoves or any appurtenances thereto, aswell as any historical relics, natural specimens such as petrified trees,petroglyphs and other relics or material within the jurisdiction of theDivision is hereby prohibited.

3. Any person who violates any of the provisions ofthis section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value ofthe property damaged, destroyed, removed, burned or cut and in no event lessthan a misdemeanor.

[6:85:1935; 1931 NCL 5584.06] + [8:85:1935; 1931NCL 5584.08] + [7:86:1935; 1931 NCL 5585.07] + [8:86:1935; 1931 NCL 5585.08](NRS A 1960, 333; 1963, 833; 1967, 573; 1977, 1137)

 

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