As used in NRS 568.010
to 568.210 , inclusive, “Taylor Grazing Act” means the Act
of Congress entitled “An act to stop injury to the public grazing lands
by preventing overgrazing and soil deterioration, to provide for their
orderly use, improvement and development, to stabilize the livestock
industry dependent upon the public range, and for other purposes,”
approved June 28, 1934, being c. 865, 48 Stat. 1269, also designated as
43 U.S.C. §§ 315 to 315r, inclusive, any amendment thereto and any
replacement therefor, including provisions of the Code of Federal
Regulations adopted and promulgated pursuant to any such act, amendment
or replacement, providing for grazing districts or for payment of a
portion of the moneys derived from grazing fees or grazing leases to the
State of Nevada.
[Part 1:67:1939; 1931 NCL § 5581.14]—(NRS A 1975, 543)
1. The Taylor Grazing Act provides for the cooperation of the
Secretary of the Interior of the United States with state and other
officials and associations, and for the payment to the State by the
Secretary of the Treasury of the United States of certain moneys
representing a percentage of:
(a) Grazing fees collected from stock raisers for grazing use of
areas within the various grazing districts created under the provisions
of the Taylor Grazing Act; and
(b) Lease charges collected from stock raisers leasing certain
specific tracts lying outside any such grazing districts.
2. For the purpose of brevity and clarification, the two different
sources of the funds described in subsection 1 and paid to the state are
referred to in NRS 568.010 to 568.210
, inclusive, respectively, as “funds
derived from grazing fees” and “funds derived from grazing leases.”
[Part 1:67:1939; 1931 NCL § 5581.14]
All moneys derived from grazing fees and
grazing leases received by the State under the provisions of the Taylor
Grazing Act shall be deposited in the State Treasury in a special fund
designated the Nevada Taylor Grazing Act Range Improvement Fund, to be
allocated as follows:
1. That part of the Fund derived from grazing fee collections from
each Bureau of Land Management grazing district shall be distributed to
each county according to its proportionate acreage of such grazing
district, and all such funds received by any county shall be placed in a
special fund to be designated as the Range Improvement Fund of Grazing
District No. ...... Where more than one grazing district is situated in
any one county, separate funds shall be kept by such county for each
district. Such funds shall be subject to disposition only by the state
grazing board for each grazing district concerned, in the manner provided
in NRS 568.010 to 568.210 , inclusive.
2. That part of the Fund derived from grazing lease charges from
lands situated outside grazing districts shall be distributed to each
county according to its proportionate acreage of the lands from which
such lease charges were derived, and all such funds received by any
county shall be placed in a special fund to be designated as the Range
Improvement Fund of ................ County. All such funds shall be
subject to disposition by the board of county commissioners of each
county concerned for range improvements and related matters directly
beneficial to the stock raising and ranching enterprises of the county;
but any project involving range improvements undertaken by any board of
county commissioners on public lands within a grazing district
established under provisions of the Taylor Grazing Act shall be
undertaken by such board only in cooperation with the federal officials
in charge of such district as provided for in NRS 568.010 to 568.210 ,
inclusive.
[2:67:1939; 1931 NCL § 5581.15]—(NRS A 1975, 544)
To direct and guide
the disposition of the range improvement fund of each grazing district
concerned, in the manner most beneficial to the stock raising payers of
the grazing fees from which the funds are derived and to the counties
concerned, there is hereby created within the State Department of
Agriculture a state grazing board for each Bureau of Land Management
grazing district established and existing in Nevada under the provisions
of the Taylor Grazing Act.
[Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 544; 1999, 3682
)
Each state board shall
be known as the Nevada Grazing Board of District No. ......
[Part 3:67:1939; 1931 NCL § 5581.16]
1. The members and the chairman of each of the state grazing
boards for the year 1975 shall be the members and chairmen of each of the
boards of district advisers of each grazing district elected, qualified
and serving on January 1, 1975, under the provisions of the Taylor
Grazing Act and the regulations promulgated under the provisions of that
act. Such members shall serve until their successors are elected and
qualified as provided in this section.
2. On and after January 1, 1976, each state grazing board shall
consist of not less than five nor more than 12 stockmen who graze
livestock upon the public lands within the grazing district for which
such state grazing board is created. Officers and directors of
corporations and partners of partnerships which conduct such grazing are
qualified to be elected to serve on such boards on behalf of such
corporation or partnership. The term of each member is 3 years, beginning
on January 1 next after his election.
3. In November of 1975 and in November of each third year
thereafter, each state grazing board shall specify the number of members
to serve on that state grazing board for the following term. Thereafter,
the board shall conduct an election of the members to serve for that term.
4. If a new grazing district is established, the Central Committee
of Nevada State Grazing Boards shall, within 90 days after the order
establishing the district appears in the Federal Register, specify the
number of members to serve on the state grazing board for the new
district. Thereafter the Central Committee of the Nevada State Grazing
Boards shall conduct an election of the board members to serve for the
balance of the current 3-year term.
5. If any vacancy occurs on a state grazing board for any reason,
the remaining board members shall elect a qualified successor to fill the
vacancy for the unexpired term.
6. A duly qualified person elected to serve as a member of a state
grazing board shall assume office after taking the oath of office
contained in NRS 282.020 .
7. The persons, partnerships, associations or corporations holding
licenses or permits to graze livestock on the public lands within the
grazing district served by a state grazing board shall elect the members
to serve on that state grazing board, except as otherwise provided in
this section, and each such permittee is entitled to one vote. The
particular state grazing board shall supply the names of eligible persons
to be elected to serve on the board to each permittee within the district
so that each permittee may cast his vote for a candidate of his choice.
The secretary of the state grazing board for such grazing district shall
certify the results of the election.
[Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 545)
Each state grazing board may select its own chairman, attorney
and secretary and may determine the secretary’s and attorney’s
remuneration, and such remuneration shall be considered as administrative
expenses of each board concerned, to be paid as provided for in NRS
568.010 to 568.210 , inclusive.
[Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 546)
The
members of the state grazing boards shall serve without salary while
performing their duties as prescribed in NRS 568.010 to 568.210 ,
inclusive.
[Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 546; 1985, 439)
1. Meetings of a state grazing board may be called at any time by
the chairman or a majority of the members of the board.
2. Each board may adopt its own rules and regulations for the
calling and holding of meetings. A majority of each board constitutes a
quorum for the transaction of business by the board, and action by each
board must be determined by a majority vote of the members present.
3. State grazing boards shall comply with the provisions of
chapter 241 of NRS.
[7:67:1939; 1931 NCL § 5581.20]—(NRS A 1995, 183)
All moneys in the range improvement fund of a grazing
district shall be paid out on claims signed by the chairman and secretary
of the state grazing board of the district. Claims shall be approved by
the board and preaudited by the county auditor of the county concerned
before they are paid.
[Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1967, 985)
Each state
grazing board may pay moneys out of the range improvement fund of its
grazing district:
1. For the construction and maintenance of range improvements or
any other purpose beneficial to the stock raising and ranching industries
and, in turn, the counties situated within the grazing district
concerned. None of the funds shall be used for projects involving
construction or maintenance, or both, of range improvements on public or
state lands unless some legally constituted and authorized federal,
state, county or city department, division, bureau, service, board or
commission is available for and authorized and willing to undertake
direct management and supervision of the project concerned.
2. For the payment of proper administrative costs of the board,
including travel expenses and subsistence allowances of its members, and
for the payment of the services of its secretary and his necessary office
expenses and for the services of its attorney.
3. For contributions to defray costs and expenses for activities
and projects incurred under its written authorization by the Central
Committee of Nevada State Grazing Boards as provided for under NRS
568.170 to 568.200 , inclusive.
[Part 4:67:1939; A 1941, 406; 1943, 36; 1943 NCL § 5581.17]—(NRS A
1967, 985; 1975, 546)
1. During periods of range depletion due to severe drought and
similar causes, or in case of a general epidemic of disease affecting
stock raising and ranching enterprises of the district concerned, or
whenever conditions are such that payment of grazing fees under the
provisions of the Taylor Grazing Act impose a burden on the payers beyond
their reasonable ability to pay, each state grazing board is authorized
in its discretion, for the general welfare of the State and counties, to
direct and guide such disposition of the range improvement fund as may be
required to make refund in whole or in part to the payers of the grazing
fees from which the fund was derived.
2. The refund to each payer shall be determined by each state
grazing board concerned, the share of each payer to be determined by the
extent to which the grazing fees paid by each contributed to the sum to
be refunded.
[Part 4:67:1939; A 1941, 406; 1943, 36; 1943 NCL § 5581.17]
1. Any project involving construction and maintenance of range
improvements as provided for in NRS 568.010 to 568.210 ,
inclusive, on public lands within any grazing district established under
the provisions of the Taylor Grazing Act, shall be undertaken only under
cooperative agreements entered into on the part either of the state
grazing boards or the boards of county commissioners, as the case may be,
and the federal officials in charge of the grazing district concerned.
2. Any project mentioned in NRS 568.120 that is within the jurisdiction of a
governmental entity and does not involve construction and maintenance of
range improvements shall be undertaken only under cooperative agreements
entered into by the state grazing boards and the appropriate governmental
entities.
[Part 6:67:1939; A 1941, 406; 1931 NCL § 5581.19]—(NRS A 1967, 985;
1975, 546)
1. The boards of county commissioners and the state grazing boards
may enter into cooperative agreements under the provisions of NRS 568.010
to 568.210 , inclusive, and may contribute from their
respective funds to the projects under the terms of the cooperative
agreements.
2. Such cooperative agreements shall:
(a) Prescribe the manner, terms and conditions of cooperation and
the amounts to be contributed from the range improvement fund of the
grazing district or county concerned, as the case may be.
(b) Provide that the direct management and supervision of the
projects shall be exercised by the officials in charge of the federal,
state, county or city department, division, bureau, service, board or
commission designated in the cooperative agreements as the agency
cooperating with the state grazing board.
[Part 6:67:1939; A 1941, 406; 1931 NCL § 5581.19]—(NRS A 1975, 547)
1. Any moneys coming into or remaining in the possession of any
federal, state or local governmental agency as a result of cooperation
between any such agency and any of the state grazing boards, as provided
in NRS 568.140 and 568.150 , may be restored to or placed in the range
improvement fund of the grazing district concerned.
2. The state grazing board shall, by resolution, request the
federal, state or local governmental agency to pay to each county within
the district moneys to be restored or placed in the particular range
improvement fund. Such moneys shall thereafter be paid to each county
within the district by the federal, state or local governmental agency.
3. Any such funds received by any county shall be placed in the
range improvement fund of the district concerned and shall immediately
become subject to the provisions of NRS 568.010 to 568.210 ,
inclusive.
[Part 6:67:1939; A 1941, 406; 1931 NCL § 5581.19]—(NRS A 1975, 547)
1. To provide a means whereby they may act together in matters of
common interest and of general rather than local concern in carrying out
the provisions of NRS 568.010 to
568.210 , inclusive, state grazing
boards shall establish a committee which shall be known as the Central
Committee of Nevada State Grazing Boards.
2. The Committee shall consist of either one or two members
selected by and from the membership of each of the state grazing boards.
3. The members so selected shall serve at the pleasure of their
respective state grazing boards and whenever a majority of the state
grazing boards shall have selected their member or members of the Central
Committee, and authorized them so to do, those selected may meet and
organize.
[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]—(NRS A
1975, 548)
1. Members of the Central Committee shall serve without
remuneration for their time and services.
2. Each state grazing board which has a representative on the
Central Committee shall reimburse him for his expenses in the same manner
in which it reimburses the travel and subsistence expenses of its own
members.
[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]—(NRS A
1985, 439)
Within the limitations contained in NRS
568.200 , the Central Committee may:
1. Select its own officers, secretary, attorney and such
subcommittees as it may deem necessary.
2. Adopt its own rules for the calling and holding of meetings and
the carrying out of such instructions as may be received from time to
time from a majority of the state grazing boards.
[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]—(NRS A
1975, 548)
1. State grazing boards are authorized and empowered to make such
use of the Central Committee as may be proper within the provisions of
NRS 568.010 to 568.210 , inclusive.
2. The Central Committee shall not engage in any activity or
project except when and as authorized and directed so to do in writing by
a majority of the state grazing boards, and, except for the necessary and
actual traveling and subsistence expenses of its members as provided for
in NRS 568.180 , shall not incur any
expense incident to its duties and activities except as authorized in
writing by a majority of the state grazing boards.
[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]
010 to 568.210 ,
inclusive, continue to apply to area detached from state grazing
district. If any part of any state grazing district, as once established
and existing under the provisions of the Taylor Grazing Act by order of
the federal officials concerned, or otherwise, shall be detached
therefrom and attached to and made a part of any federal grazing district
of any adjoining state, the provisions of NRS 568.010 to 568.210 ,
inclusive, shall continue to apply to the Nevada area so detached, the
same as had the detachment not occurred.
[4 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.17a]
GRAZING PREFERENCE RIGHTS
1. Except as otherwise provided in the Taylor Grazing Act:
(a) A grazing preference right shall be deemed appurtenant to base
property; and
(b) If base property or any portion of base property is sold,
leased or otherwise transferred, the person to whom the property is sold,
leased or otherwise transferred must not be deprived of any grazing
preference right that is appurtenant to that property solely on the basis
of the sale, lease or other transfer of that property unless the person
consents to, or receives just compensation for, the deprivation of that
right.
2. Except as otherwise provided in NRS 568.230 to 568.370 ,
inclusive, a person who willfully or negligently:
(a) Interferes with the lawful herding or grazing of livestock on
land:
(1) That is base property; or
(2) Other than base property that is located within a
grazing district and upon which the livestock are herded or grazed in
accordance with a permit to graze livestock issued pursuant to the
provisions of the Taylor Grazing Act; or
(b) Damages or destroys a fence, gate, facility for watering
livestock or other improvement that is used to sustain livestock and is
located on land specified in paragraph (a),
Ê is guilty of a misdemeanor. In addition to any other penalty, the court
shall order the person to pay restitution.
3. As used in this section:
(a) “Base property” means any land or water in this state that is
owned, occupied or controlled by a person who has obtained an appurtenant
grazing preference right for that land or water pursuant to the
provisions of the Taylor Grazing Act.
(b) “Grazing preference right” means a right that:
(1) Is conferred upon a person pursuant to the provisions of
the Taylor Grazing Act; and
(2) Entitles the person to priority in the issuance of a
permit to graze livestock in accordance with those provisions.
(c) “Taylor Grazing Act” has the meaning ascribed to it in NRS
568.010 .
(Added to NRS by 1999, 2052 )
REGULATION OF GRAZING ON FEDERAL LANDS
1. It is unlawful to graze livestock on any part of the unreserved
and unappropriated public lands of the United States in the State of
Nevada, when grazing will or does prevent, restrict or interfere with the
customary use of the land for grazing livestock by any person who, by
himself or his grantors or predecessors, has become established, either
exclusively or in common with others, in the grazing use of the land by
operation of law or under and in accordance with the customs of the
graziers of the region involved.
2. NRS 568.230 to 568.290 , inclusive, does not prohibit the grazing on
any public lands of livestock owned, kept or used for work or milking
purposes by any ranch owner or bona fide settler, for his domestic use,
as distinguished from commercial use, or prohibit the grazing of any
livestock necessary for and used in connection with any mining or
construction work or other lawful work of similar character.
[Part 1:226:1931; 1931 NCL § 5581]—(NRS A 1985, 526)
1. Customary or established use as graziers, otherwise than under
operation of law, as used in NRS 568.230 to 568.290 ,
inclusive, shall be deemed to include the continuous, open, notorious,
peaceable and public use of such range seasonally for a period of 5 years
or longer immediately before March 30, 1931, by the person or his
grantors or predecessors in interest, except in cases where initiated
without protest or conflict to prior use or occupancy thereof.
2. Any change in customary use so established must not be made
after March 30, 1931, so as to prevent, restrict or interfere with the
customary or established use of any other person or persons.
[Part 1:226:1931; 1931 NCL § 5581]—(NRS A 1985, 526)
NRS
568.230 to 568.290 , inclusive, does not prohibit any such
established user from continuing his grazing use, as established by
operation of law or in accordance with such customs.
[2:226:1931; 1931 NCL § 5581.01]—(NRS A 1985, 526)
Any person violating
any of the provisions of NRS 568.230 to
568.290 , inclusive, is guilty of a
misdemeanor, and, independently of the foregoing penalty, is liable to
any person injured for all damages sustained by reason of the violation,
and for such exemplary damages as the circumstances may warrant.
[3:226:1931; 1931 NCL § 5581.02]—(NRS A 1967, 616; 1985, 527)
The violation
of any provision of NRS 568.230 to
568.290 , inclusive, may be restrained
by injunction, issued by a court of competent jurisdiction, pursuant to
the provisions of law and principles of equity relating to injunctions.
[4:226:1931; 1931 NCL § 5581.03]—(NRS A 1985, 527)
Nothing contained in NRS 568.230 to 568.290 ,
inclusive, prohibits free transit over and rights in the public domain
where provided by the Acts of Congress.
[6:226:1931; 1931 NCL § 5581.05]—(NRS A 1985, 527)
1. NRS 568.230 to 568.290 , inclusive, shall be deemed an exercise of the
police power of the state, for the protection of the economic welfare and
peace of the people of the state, and all of their provisions must be
liberally construed for the accomplishment of its purposes.
2. Nothing in NRS 568.230 to
568.290 , inclusive, amends or repeals
existing law regarding the grazing use of the public lands or of water
for the purpose of watering livestock, or modifies or compromises any
valid rights or priorities which exist therein on March 30, 1931.
[7:226:1931; 1931 NCL § 5581.06]—(NRS A 1985, 527)
UNLAWFUL ACTS AND PENALTIES; LIABILITY FOR DAMAGES
1. It shall be unlawful for any person to herd or graze any
livestock upon the lands of another without having first obtained the
consent of the owner of the lands so to do. The person claiming to be the
owner of such lands shall have the legal title thereto, or an application
to purchase the same with the first payment made thereon.
2. The livestock which is herded or grazed upon the lands of
another, contrary to the provisions of subsection 1, shall be liable for
all damages done by such livestock while being unlawfully herded or
grazed on the lands of another, together with costs of suit and
reasonable counsel fees, to be fixed by the court trying an action
therefor. The livestock may be seized and held by a writ of attachment,
issued in the same manner as provided in chapter 31 or 71 of NRS, as
security for the payment of any judgment which may be recovered by the
owner of such lands for damages incurred by reason of violation of any of
the provisions of this section. The claim and lien of a judgment or
attachment in such an action shall be superior to any claim or demand
which arose subsequent to the commencement of the action.
3. This section shall not apply to any livestock running at large
on the ranges or commons.
[1:31:1893; C § 780; RL § 2335; NCL § 4019] + [2:31:1893; C § 781;
RL § 2336; NCL § 4020] + [3:31:1893; C § 782; RL § 2337; NCL § 4021]
1. It is unlawful for any person, firm, corporation or association
owning or having charge of any livestock to herd, graze, pasture, keep,
maintain or drive the same upon, over or across any lands lying within an
area that has been identified by the board of county commissioners in the
county in which the area is situated as unsuitable for such uses in order
to protect any surface intake, intakes, water boxes or surface reservoirs
into which water is diverted for use for municipal, drinking or domestic
purposes in the state. A determination by the board of county
commissioners that an area is unsuitable must be based upon scientific
evidence and must be adopted by ordinance after consultation with
affected persons and state agencies. The ordinance must describe the area
that is determined to be unsuitable and notice of the determination and
description must be posted in a conspicuous place in the area.
2. Subsection 1 must not be construed to apply to:
(a) Prospectors or other persons passing over or being temporarily
upon such lands with not to exceed 10 head of livestock.
(b) Livestock running at large upon the range, unless by county
ordinance any board of county commissioners has provided otherwise in the
case of the county concerned.
(c) Persons that are herding, grazing, pasturing, keeping,
maintaining or driving livestock on their own lands.
3. Any person violating any of the provisions of this section
shall be guilty of a misdemeanor.
4. Each day the acts declared to be unlawful in subsection 1 are
committed, done and continued constitutes separate, distinct and new
offenses.
[1:188:1915; A 1929, 195; NCL § 3996] + [2:188:1915; A 1929, 195;
NCL § 3997] + [3:188:1915; 1919 RL p. 2845; NCL § 3998]—(NRS A 1967, 617;
1995, 797)
1. It shall be unlawful for any person owning or having charge of
any livestock to drive or herd or permit the same to be herded or driven
on the lands or possessory claims of other persons, or at any spring or
springs, well or wells, belonging to another, to the damage thereof, or
to herd the same or to permit them to be herded within 1 mile of a bona
fide home or a bona fide ranchhouse.
2. The owner or agent of the owner of livestock violating the
provisions of subsection 1, on complaint of the person injured in any
court of competent jurisdiction, shall be liable to the person injured
for actual and exemplary damages.
3. Nothing in this section shall:
(a) Prevent the owners from herding or grazing their livestock on
their own lands.
(b) Be construed as to prevent livestock being driven along any
public highway.
[1:81:1917; 1919 RL p. 2845; NCL § 3999] + [2:81:1917; 1919 RL p.
2845; NCL § 4000]
1. It shall be unlawful for any person to lead, drive or in any
manner remove any horse, mare, colt, jenny, jack, mule, or any head of
neat cattle, or hog, sheep, goat, or any number of these animals, the
same being the property of another person, from the range on which they
are permitted to run in common, without the consent of the owner thereof
first had and obtained.
2. The owner of any such animals, finding the same running on the
herd grounds or commons with other animals of the same kind, is permitted
to drive his own animal or animals, together with such other animals as
he cannot conveniently separate from his own, to the nearest and most
convenient corral or other place for separating his own from other
animals if he, in such case, immediately, with all convenient speed,
drives all such animals not belonging to him back to the herd ground from
which he brought such animals.
3. Any person violating the provisions of this section shall be
guilty of a misdemeanor.
4. In addition to the penalty provided for in subsection 3, such
person shall be civilly liable to the owner of livestock so removed from
the range for the value of all such stock and the necessary expenses
incident to their return.
[1911 C&P § 377; A 1929, 108; NCL § 10329]—(NRS A 1967, 617)
As used in NRS 568.360 and 568.370 ,
unless the context otherwise requires, “open range” means all unenclosed
land outside of cities and towns upon which cattle, sheep or other
domestic animals by custom, license, lease or permit are grazed or
permitted to roam.
(Added to NRS by 1983, 235)
1. No person, firm or corporation owning, controlling or in
possession of any domestic animal running on open range has the duty to
keep the animal off any highway traversing or located on the open range,
and no such person, firm or corporation is liable for damages to any
property or for injury to any person caused by any collision between a
motor vehicle and the animal occurring on such a highway.
2. Any person, firm or corporation negligently allowing a domestic
animal to enter within a fenced right-of-way of a highway is liable for
damages caused by a collision between a motor vehicle and the animal
occurring on the highway.
(Added to NRS by 1965, 644; A 1983, 235)
1. It is unlawful for any person to permit a dog to chase, worry,
injure or kill cattle, sheep or other domestic animals on the open range
or on private property.
2. Subsection 1 does not apply to the use of a dog to herd
domestic animals at the direction or with the permission of the owner of
those animals.
3. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
(Added to NRS by 1983, 235)
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