USA Statutes : nevada
Title : Title 26 - PUBLIC LANDS
Chapter : CHAPTER 321 - ADMINISTRATION, CONTROL AND TRANSFER OF STATE LANDS
1. The Legislature declares the policy of this state regarding the
use of state lands to be that state lands must be used in the best
interest of the residents of this state, and to that end the lands may be
used for recreational activities, the production of revenue and other
public purposes. In determining the best uses of state lands, the
appropriate state agencies shall give primary consideration to the
principles of multiple use and sustained yield as the status and the
resources of the lands permit.
2. As used in this section:
(a) “Multiple use” includes:
(1) The management of state lands and their various
resources so that they are used in the combination which will best meet
the needs of the residents of this state;
(2) The use of state lands and some or all of their
resources or related services in areas large enough to allow for periodic
adjustments in the use of the lands to conform to changing needs and
conditions;
(3) The use of certain state lands for less than all of
their available resources;
(4) A balanced and diverse use of resources which takes into
account the long-term needs of residents of this state for renewable and
nonrenewable resources including, but not limited to, recreational areas,
range, timber, minerals, watershed, wildlife and fish, and natural
scenic, scientific and historic areas; and
(5) The harmonious and coordinated management of state lands
and their various resources without the permanent impairment of the
productivity of the lands and the quality of the environment, with
consideration being given to the relative values of the resources and not
necessarily to the combination of uses that will produce the greatest
yield or economic return for each parcel of land.
(b) “Sustained yield” means the maintenance of a high-level annual
or other periodic yield from the various renewable resources of state
lands consistent with multiple use.
(Added to NRS by 1987, 400)
The Legislature hereby declares that the
public policy of this state is to continue to seek the acquisition of
lands retained by the Federal Government within the borders of this state.
(Added to NRS by 1989, 1672)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 321.0007
and 321.0008 have the meanings ascribed to them in those
sections.
(Added to NRS by 1997, 962)
“Division” means the Division of
State Lands of the State Department of Conservation and Natural Resources.
(Added to NRS by 1997, 962)
“Trust lands” means those
lands that were granted by the Federal Government to the State of Nevada
directly or by an exchange for other lands, and are held in trust for the
State Permanent School Fund or another beneficiary.
(Added to NRS by 1997, 962)
DIVISION OF STATE LANDS
1. The Division shall acquire and hold in the name of the State of
Nevada all lands and interests in land owned or required by the State
except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the Board of
Regents of the University of Nevada;
(c) Offices outside state buildings leased by the Chief of the
Buildings and Grounds Division of the Department of Administration for
the use of state officers and employees; or
(d) Lands or interests used or acquired for the Legislature or its
staff,
Ê and shall administer all lands it holds which are not assigned for
administration to another state agency.
2. If additional land or an interest in land is required for the
use of any state agency except the Department of Transportation or the
Nevada System of Higher Education, the agency and the Division shall
select land for use by the agency. The Division shall obtain the approval
of the State Public Works Board if the land will be used for a building
pursuant to NRS 341.141 . The Division
shall determine the value of that land and obtain the land or interest by
negotiation or, if necessary, by exercising the State’s power of eminent
domain. Title must be taken in the name of the State of Nevada.
3. The Division may acquire and hold land and interests in land
required for any public purpose, including the production of public
revenue. Title must be taken in the name of the State of Nevada.
(Added to NRS by 1977, 1123; A 1979, 650, 1320, 1792; 1983, 1260;
1989, 2006; 1993, 388, 1555; 1995, 579; 1997, 962)
1. The State Land Registrar shall assign any land or interest in
land owned by the State of Nevada which is needed for governmental
purposes to the appropriate state agency for use and administration.
Before a state agency erects a building or makes any other permanent
improvement on land assigned to it, the agency shall notify the State
Land Registrar, in a form prescribed by him, and shall not proceed with
the construction or improvement until the State Land Registrar certifies
the nature of and any encumbrances against the State’s title to the land,
and certifies that the boundaries of the land assigned include the site
of the proposed construction or improvement.
2. Except as otherwise provided by specific statute, any lease or
sale of land, or of any interest in land, by the Division must be made
upon the best terms available.
3. The State Land Registrar shall execute on behalf of the State
any lease, deed or other document by which any land or interest therein
owned by the State is conveyed.
4. Notwithstanding any other provision of law, a person shall not
use or acquire state land for any purpose unless he first obtains written
authorization from the State Land Registrar.
5. As used in this section, “person” includes a government,
governmental agency and political subdivision of a government.
(Added to NRS by 1977, 1124; A 1991, 1376; 1993, 158; 1997, 963)
1. The State Land Registrar shall provide written notice of any
proposed sale, lease or transfer of state land to:
(a) The governing body of the city in which the state land is
located if the state land is located in an incorporated city; or
(b) The governing body of the county in which the state land is
located if the state land is not located in an incorporated city.
Ê The notice must inform the governing body that it may submit comments
to the State Land Registrar concerning the proposed sale, lease or
transfer within 30 days after receipt of the notice.
2. The governing body of a county or city may hold a public
hearing on the proposed sale, lease or transfer of state land and
transmit public comments received at the hearing to the State Land
Registrar.
3. The State Land Registrar shall consider any comments received
from the governing body of a county or city when determining whether it
is in the best interest of the State to proceed with the sale, lease or
transfer of state land.
(Added to NRS by 1991, 1376)
1. Except as otherwise provided in subsection 5, NRS 322.063
, 322.065 or 322.075 ,
except as otherwise required by federal law and except for land that is
sold or leased pursuant to an agreement entered into pursuant to NRS
277.080 to 277.170 , inclusive, when offering any land for sale or
lease, the State Land Registrar shall:
(a) Obtain two independent appraisals of the land before selling or
leasing it. The appraisals must have been prepared not more than 6 months
before the date on which the land is offered for sale or lease.
(b) Notwithstanding the provisions of chapter 333 of NRS, select the two independent appraisers from
the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant
to paragraph (b). The determination of the State Land Registrar as to the
qualifications of an appraiser is conclusive.
2. The State Land Registrar shall adopt regulations for the
procedures for creating or amending a list of appraisers qualified to
conduct appraisals of land offered for sale or lease by the State Land
Registrar. The list must:
(a) Contain the names of all persons qualified to act as a general
appraiser in the same county as the land that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a
disclosure statement which includes, without limitation, all sources of
income of the appraiser that may constitute a conflict of interest and
any relationship of the appraiser with the owner of the land or the owner
of an adjoining property.
4. An appraiser shall not perform an appraisal on any land offered
for sale or lease by the State Land Registrar if the appraiser or a
person related to the appraiser within the first degree of consanguinity
or affinity has an interest in the land or an adjoining property.
5. If a lease of land is for residential property and the term of
the lease is 1 year or less, the State Land Registrar shall obtain an
analysis of the market value of similar rental properties prepared by a
licensed real estate broker or salesman when offering such a property for
lease.
(Added to NRS by 2005, 1454 ; A 2005, 2670 , 2680 )
1. If the State Land Registrar sells, leases, transfers or conveys
land to, or exchanges land with, a domestic or foreign limited-liability
company, the State Land Registrar shall require the domestic or foreign
limited-liability company to submit a disclosure to the State Land
Registrar setting forth the name of any person who holds an ownership
interest of 1 percent or more in the domestic or foreign
limited-liability company. The disclosure must be made available for
public inspection upon request.
2. As used in this section, “land” includes all lands, including
improvements and fixtures thereon, lands under water, all easements and
hereditaments, corporeal or incorporeal, and every estate, interest and
right, legal or equitable, in lands or water, and all rights, interests,
privileges, easements, encumbrances and franchises relating to the same,
including terms for years and liens by way of judgment, mortgage or
otherwise.
(Added to NRS by 2005, 2208 )
STATE LAND OFFICE AND STATE LAND REGISTRAR
1. For the purpose of selecting and disposing of the lands granted
by the United States to the State of Nevada, including the 16th and 36th
sections, and those selected in lieu thereof, in accordance with the
terms and conditions of the several grants of land by the United States
to the State of Nevada, a State Land Office is hereby created.
2. The Administrator as executive head of the Division is the ex
officio State Land Registrar.
3. The State Land Registrar may appoint one Deputy State Land
Registrar and such technical, clerical and operational staff as the
execution of his duties and the operation of the State Land Office may
require.
[Part 1:85:1885; BH § 324; C § 302; RL § 3196; NCL § 5512]—(NRS A
1957, 648; 1959, 487; 1975, 88; 1985, 414; 1997, 963)
The State Land Registrar shall keep his office at the seat of
government, which office must be open for the transaction of business on
the days and during the hours established pursuant to NRS 281.110 .
[Part 1:85:1885; BH § 324; C § 302; RL § 3196; NCL § 5512]—(NRS A
1975, 88; 2003, 1452 )
1. The State Land Registrar shall keep a record of all lands and
interests in land held by the Division pursuant to NRS 321.001 and of all lands and interests in land which
have been sold by the Division. These records, together with all plats,
papers and documents relating to the business of the State Land Office,
must be open to public inspection during office hours at no charge.
2. The State Land Registrar shall procure from the Bureau of Land
Management one copy of each township plat of the public surveys now
approved or which may subsequently be approved by the proper United
States authorities, unless those copies have been previously obtained.
[Part 2:85:1885; A 1887, 112; 1889, 123; C § 303; RL § 3197; NCL §
5513]—(NRS A 1975, 88; 1997, 963)
Annually, on
or before August 1, the State Land Registrar shall furnish to each county
assessor a statement showing all lands which have been acquired, leased
or otherwise disposed of in the county since the last annual statement.
[Part 2:85:1885; A 1887, 112; 1889, 123; C § 303; RL § 3197; NCL §
5513] + [Part 4:85:1885; A 1887, 118; 1889, 123; C § 305; RL § 3199; NCL
§ 5515]—(NRS A 1975, 89; 1997, 964)
Upon the occurrence of any tax delinquency on state lands, the
county assessor of the county wherein the land is situated shall
immediately notify the State Land Registrar of that delinquency. The
notice must contain a description of the land and the date and amount of
delinquency.
(Added to NRS by 1957, 535; A 1959, 488; 1975, 90; 1997, 964)
1. The State Land Registrar is authorized to provide and use a
seal for the State Land Office.
2. The impression of the Seal of the State Land Office upon the
original or copy of any paper, plat, map or document emanating from the
State Land Office shall impart verity to the document so impressed.
[19:85:1885; BH § 342; C § 319; RL § 3213; NCL § 5530]—(NRS A 1971,
806; 1975, 90)
1. The State Land Registrar shall charge the following fees,
unless a different fee is prescribed by specific statute:
(a) For making copies of public records and maps in the custody of
the State Land Office, regarding land granted to the state by the Federal
Government for educational purposes:
For a certified copy of a contract to purchase state lands and for the
renewal of a contract, each $5.50
For a township diagram showing state entries only,
each............................... 2.00
For a copy of a township plat showing entries, each
sheet............................. 2.00
For a list of entrymen and agents, showing the kind of entries, each
entryman. .50
For copies of all other public records, including contracts, applications
and treasurer’s receipts:
First sheet of each
file.......................................................................
........ 1.00
Each additional
sheet......................................................................
............ .50
For copies of topography maps or portions thereof:
First sheet per
map........................................................................
............. 1.00
Each additional
sheet......................................................................
............ .50
For copies of microfilm records:
Each roll (16 or
32mm)......................................................................
........ 10.00
Each single frame
“blowback”.................................................................
.. .50
For duplication of microfilm jackets,
each............................................................. .25
(b) For making copies of any other public records or maps in the
custody of the State Land Office, $1 for the first sheet and 50 cents for
each additional sheet.
2. All fees charged and collected under:
(a) Paragraph (a) of subsection 1 must be accounted for by the
State Land Registrar and paid into the State Treasury for credit to the
State Permanent School Fund.
(b) Paragraph (b) of subsection 1 must be accounted for by the
State Land Registrar and paid into the State Treasury for credit to the
State General Fund.
(Added to NRS by 1957, 646; A 1975, 90; 1993, 1455; 1995, 810)
1. The Revolving Account for Land Management is hereby created as
a special account in the State General Fund.
2. The State Land Registrar shall use the money in the Account to
pay the expenses related to the management of land held by the Division,
including, without limitation, expenses for:
(a) Appraisals and surveys;
(b) Construction of fences and barriers for vehicles; and
(c) The cleanup and maintenance of the land.
3. The State Land Registrar shall:
(a) Approve any disbursement from the Revolving Account; and
(b) Maintain records of any such disbursement.
4. The State Land Registrar shall deposit into the Revolving
Account money received by the Division as a donation or as a
reimbursement for or advance payment of an expense paid out of the
Revolving Account.
5. The balance of the Revolving Account must be carried forward at
the end of each fiscal year.
6. If the balance in the account is below $5,000, the State Land
Registrar may request an allocation from the Contingency Fund pursuant to
NRS 353.266 , 353.268 and 353.269 .
(Added to NRS by 1999, 2540 )
Funds
to carry out the provisions of this chapter shall be provided by
legislative appropriation from the General Fund, and shall be paid out on
claims as other claims against the State are paid. All claims shall be
approved by the State Land Registrar before they are paid.
[21:85:1885; A 1889, 123; 1917, 416; 1919 RL p. 3215; NCL § 5532] +
[21A:85:1885; added 1917, 416; 1919 RL p. 2911; NCL § 5533]—(NRS A 1975,
91)
ACCEPTANCE, SELECTION AND TRANSFER OF LANDS
The State
Land Registrar may select lands on behalf of the State of Nevada in
accordance with the terms of any grant authorized by the Congress of the
United States.
[15:85:1885; A 1889, 123; C § 316; RL § 3210; NCL § 5526]—(NRS A
1961, 717; 1975, 91; 1997, 964)
1. Subject to the provisions of subsection 2, whenever, pursuant
to the laws of the United States, any lands are offered to the State of
Nevada by the United States Government or any department thereof, the
Governor or the State Land Registrar may accept the lands and the
possession and title thereof in the name of the State of Nevada and take
all necessary steps to comply with any requirement and condition
mentioned in the offer.
2. It is hereby declared to be the policy of the Legislature that
the State of Nevada shall negotiate for the acquisition of those lands as
an unconditional grant by the United States Government to the State of
Nevada without any other considerations, and that if the State of Nevada
is unable to acquire those lands in the manner indicated, the Governor or
the State Land Registrar may obtain those lands on the best terms
available.
[18 1/2:85:1885; added 1925, 107; NCL § 5529]—(NRS A 1997, 964)
1. The State Land Registrar may make direct sales of lands owned
by the State to a public agency or local government of the State if the
land is:
(a) Not needed for use by the State; and
(b) Needed for a valid public use.
2. Land sold pursuant to this section must be sold at a price
equal to at least the current fair market value of the land plus the
costs of the sale, including expenses related to the appraisal of the
land.
3. As used in this section, “local government” has the meaning
ascribed to it in NRS 354.474 .
(Added to NRS by 1989, 509; A 1997, 965)
1. If the State of Nevada leases, sells or otherwise transfers,
with or without consideration, a state park or any part thereof to a
local government, the local government must agree to operate and maintain
the park or part thereof in such a manner that the use and enjoyment of
the park or part thereof by the residents of this state is not diminished.
2. A local government to which is transferred any real property or
other interest in a state park, including, without limitation, any
facility, equipment, water right or mineral right, may not sell, lease,
encumber, alienate or otherwise dispose of the real property or other
interest without authorization by a concurrent resolution of the
Legislature.
3. If the State of Nevada executes a deed for real property which
is part of a state park and which is transferred to a local government,
the deed must:
(a) Include restrictions that:
(1) Protect all historical and recreational value of the
property;
(2) Guarantee public access to the property; and
(3) Prevent the local government or any successor in title
from transferring the property without authorization by a concurrent
resolution of the Legislature; and
(b) Provide for the reversion of title to the property to the State
of Nevada upon the breach of any restriction specified in paragraph (a).
4. The transfer to a local government of any real property that is
part of a state park must not occur if any underlying lease of land from
the Bureau of Land Management used by the state park prohibits such a
transfer or would, upon such a transfer, compromise the ability of the
local government to use the real property as a park.
5. A local government to which is transferred real property that
is part of a state park shall, if the real property is subject to a lease
from any person or entity, including, without limitation, the Bureau of
Land Management, take all actions reasonable and necessary to ensure that
the leased property remains part of the park.
(Added to NRS by 2003, 1687 )
The holder of any unlocated land warrant of this
state, issued before March 12, 1885, may present that land warrant to the
State Land Registrar for reimbursement from the State Permanent School
Fund of the amount paid for the land warrant.
[11:85:1885; C § 312; RL § 3206; NCL § 5522]—(NRS A 1997, 965)
1. Every person who entered into a contract with the State of
Nevada for the purchase of any trust lands of the State of Nevada before
July 3, 1997, or his heirs, assigns or lawful successors, and every
patentee of trust lands purchased from the State of Nevada, shall,
subject to the royalty provided for in subsection 3, be deemed and held
to have the right to the exclusive possession of the lands described in
the contract or patent, including all gas, coal, oil and oil shales that
may exist in those lands.
2. Every person who has received or is entitled to receive a
patent from this state granting to him any of those lands, or his heirs,
assigns or lawful successors shall, subject to the royalty provided for
in subsection 3, be deemed to have the fee simple title to the lands
described in the patent, including all gas, coal, oil and oil shales
which may exist therein.
3. Any person described in subsection 1 or 2 shall pay to the
State of Nevada for the fund which was the original beneficiary of those
lands a royalty of 5 percent of the net proceeds of all gas, coal or oil
mined or extracted therefrom.
4. The provisions of this section do not impair any rights
acquired before July 1, 1921, pursuant to existing laws to any of those
lands or rights therein.
[1:172:1921; NCL § 5545] + [2:172:1921; NCL § 5546]—(NRS A 1997,
966)
PATENTS
Except as otherwise ordered by a court of competent
jurisdiction, the title of the State to any lands acquired by patent from
the Federal Government must be conveyed by patent.
[Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527] +
[1:99:1903; RL § 3223; NCL § 5541]—(NRS A 1975, 98; 1989, 509; 1997, 966)
All patents shall:
1. Be in such form as the Attorney General and the State Land
Registrar shall jointly prescribe.
2. Be prepared by the State Land Registrar.
3. Be signed by the Governor.
4. Have the Great Seal of the State affixed by the Secretary of
State.
5. Be countersigned by the State Land Registrar.
[Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527]—(NRS A
1975, 99)
The Secretary of State and
the State Land Registrar shall each keep a record of patents issued.
[Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527]—(NRS A
1975, 99)
CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEEN MARCH 3, 1887,
AND JULY 3, 1997
Every person or his heirs, assigns or lawful successors, who has
received a patent or deed between March 3, 1887, and July 3, 1997, from
the State of Nevada granting to him any trust lands of the State of
Nevada must, subject to the royalty contained in NRS 321.300 , be confirmed in the fee simple title to the
lands described in that patent or deed, and all of the minerals therein,
including all gas, coal, oil and oil shales which may exist therein, but
any such patentee or his successors in interest, holding such a fee
simple title shall pay to the State of Nevada for the fund which was the
original beneficiary of those lands the royalty provided by NRS 321.300
.
(Added to NRS by 1963, 98; A 1997, 967)
1. Every person or his heirs, assigns or lawful successors
referred to in NRS 321.331 , who is
entitled to any trust lands that may have been purchased by him or his
predecessors in interest, from the State of Nevada between March 3, 1887,
and July 3, 1997, or who has a separate estate in the minerals, including
any gas, coal, oil and oil shales existing in that land, arising from a
conveyance or reservation of mineral rights by such an immediate or
remote grantee of the State, may bring an action in the district court of
this state in and for any county where those lands or any part thereof
are located to determine by declaratory judgment of that court whether
the State of Nevada has any rights to any minerals therein, including any
oil, gas, coal and oil shales and, if possible, the extent thereof, and
the State of Nevada hereby consents to the bringing of any such action.
2. Service of process on the State of Nevada in any such action
may be secured by serving a copy of the complaint, together with a copy
of the summons, on the Attorney General of the State of Nevada.
3. If an action is brought pursuant to this section by the holder
of a separate mineral estate, he shall give notice of the bringing of the
action, by registered or certified mail, to every record owner of the fee
in any lands which are the subject of the action, but is not required to
join any such owner as a party to the action. The notice must:
(a) Be given within 5 days after the date of the filing of the
complaint;
(b) Identify the land of the owner which is affected; and
(c) State the case number and court in which the action is brought.
(Added to NRS by 1963, 98; A 1975, 613; 1997, 967)
1. If in an action authorized by NRS 321.332 it is determined that the State of Nevada has
any interest in any minerals in the lands which are the subject of the
action, except the royalty provided for in NRS 321.300 , any person or his heirs, assigns or lawful
successors bringing the action as plaintiff has the option for 1 year
after the entry of final judgment in that action to purchase from the
State of Nevada all of the interest of the State of Nevada in the
minerals in those lands, except the royalty authorized by NRS 321.300
, at the fair market value of the
mineral interest as determined by the Division.
2. If the option is exercised, payment for that mineral interest
must be made to the State Land Registrar in cash within the period of the
option and deposited in the fund which was the original beneficiary of
those lands, and the State Land Registrar shall, upon the payment of the
option price, deliver to the purchaser a deed from the State of Nevada
conveying all of the State’s interest in the minerals in the lands
involved in that action, except the royalty provided for in NRS 321.300
.
(Added to NRS by 1963, 98; A 1975, 99; 1997, 968; 1999, 168 )
SALES AFTER APRIL 1, 1957
1. Except as otherwise provided in NRS 321.125 , 321.510 ,
322.063 , 322.065 or 322.075 ,
except as otherwise required by federal law and except for an agreement
entered into pursuant to the provisions of NRS 277.080 to 277.170 ,
inclusive, or a lease of residential property with a term of 1 year or
less, after April 1, 1957, all sales or leases of any lands that the
Division is required to hold pursuant to NRS 321.001 , including lands subject to contracts of sale
that have been forfeited, are governed by the provisions of this section.
2. Whenever the State Land Registrar deems it to be in the best
interests of the State of Nevada that any lands owned by the State and
not used or set apart for public purposes be sold or leased, he may, with
the approval of the State Board of Examiners and the Interim Finance
Committee, cause those lands to be sold or leased upon sealed bids, or
oral offer after the opening of sealed bids for cash or pursuant to a
contract of sale or lease, at a price not less than the highest appraised
value for the lands plus the costs of appraisal and publication of notice
of sale or lease.
3. Before offering any land for sale or lease, the State Land
Registrar shall cause it to be appraised by competent appraisers selected
pursuant to NRS 321.007 .
4. After receipt of the report of the appraisers, the State Land
Registrar shall cause a notice of sale or lease to be published once a
week for 4 consecutive weeks in a newspaper of general circulation
published in the county where the land to be sold or leased is situated,
and in such other newspapers as he deems appropriate. If there is no
newspaper published in the county where the land to be sold or leased is
situated, the notice must be so published in a newspaper published in
this State having a general circulation in the county where the land is
situated.
5. The notice must contain:
(a) A description of the land to be sold or leased;
(b) A statement of the terms of sale or lease;
(c) A statement that the land will be sold pursuant to subsection
6; and
(d) The place where the sealed bids will be accepted, the first and
last days on which the sealed bids will be accepted, and the time when
and place where the sealed bids will be opened and oral offers submitted
pursuant to subsection 6 will be accepted.
6. At the time and place fixed in the notice published pursuant to
subsection 4, all sealed bids which have been received must, in public
session, be opened, examined and declared by the State Land Registrar. Of
the proposals submitted which conform to all terms and conditions
specified in the notice published pursuant to subsection 4 and which are
made by responsible bidders, the bid which is the highest must be finally
accepted, unless a higher oral offer is accepted or the State Land
Registrar rejects all bids and offers. Before finally accepting any
written bid, the State Land Registrar shall call for oral offers. If,
upon the call for oral offers, any responsible person offers to buy or
lease the land upon the terms and conditions specified in the notice, for
a price exceeding by at least 5 percent the highest written bid, then the
highest oral offer which is made by a responsible person must be finally
accepted.
7. The State Land Registrar may reject any bid or oral offer to
purchase or lease submitted pursuant to subsection 6, if he deems the bid
or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the State to
reserve.
(d) On lands which are requested by the State of Nevada or any
department, agency or institution thereof.
8. Upon acceptance of any bid or oral offer and payment to the
State Land Registrar in accordance with the terms of sale specified in
the notice of sale, the State Land Registrar shall convey title by
quitclaim or cause a patent to be issued as provided in NRS 321.320
and 321.330 .
9. Upon acceptance of any bid or oral offer and payment to the
State Land Registrar in accordance with the terms of lease specified in
the notice of lease, the State Land Registrar shall enter into a lease
agreement with the person submitting the accepted bid or oral offer
pursuant to the terms of lease specified in the notice of lease.
10. The State Land Registrar may require any person requesting
that state land be sold pursuant to the provisions of this section to
deposit a sufficient amount of money to pay the costs to be incurred by
the State Land Registrar in acting upon the application, including the
costs of publication and the expenses of appraisal. This deposit must be
refunded whenever the person making the deposit is not the successful
bidder. The costs of acting upon the application, including the costs of
publication and the expenses of appraisal, must be borne by the
successful bidder.
11. If land that is offered for sale or lease pursuant to this
section is not sold or leased at the initial offering of the contract for
the sale or lease of the land, the State Land Registrar may offer the
land for sale or lease a second time pursuant to this section. If there
is a material change relating to the title, zoning or an ordinance
governing the use of the land, the State Land Registrar must obtain a new
appraisal of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a
second time. If land that is offered for sale or lease pursuant to this
section is not sold or leased at the second offering of the contract for
the sale or lease of the land, the State Land Registrar may list the land
for sale or lease at the appraised value with a licensed real estate
broker, provided that the broker or a person related to the broker within
the first degree of consanguinity or affinity does not have an interest
in the land or an adjoining property.
(Added to NRS by 1957, 534; A 1959, 489; 1961, 717; 1965, 56; 1966,
1; 1975, 99; 1979, 166, 1792; 1981, 178; 1989, 510; 1997, 968, 2980;
2005, 1455 , 2680 )
RESERVATIONS
Notwithstanding any other provision of law, the State Land Registrar may
withhold from sale any land to which the State has acquired title by any
means if those lands are required for the use of any State department,
agency or institution or are specifically reserved by the State for
future use or sale or whenever he deems that the public interest so
requires.
(Added to NRS by 1957, 534; A 1961, 718; 1975, 101; 1997, 969)
1. Before any state land may be leased, exchanged, sold or
contracted for sale, the State Land Registrar, in consultation with the
Department of Transportation, the Advisory Board on Natural Resources and
with counties and local governments, shall designate any existing routes
over the land which he determines to be necessary for public access to
any other land that is open to public use. If such a route is designated,
the land must be conveyed with a right-of-way and all rights of access
and abutter’s rights for the route reserved in the name of the State of
Nevada. Any right-of-way reserved pursuant to this subsection may, when
necessary as determined by the State Land Registrar and otherwise
approved as required by law, be used by a public utility pursuant to the
requirements set forth in NRS 322.050
and 322.060 .
2. After the land or interest in the land is conveyed, if the
route is determined by the State Land Registrar, in consultation with the
Department of Transportation and the Advisory Board on Natural Resources
and with counties and local governments, to be no longer necessary for
public access to other land which is open to public use, the State Land
Registrar shall, subject to the provisions of subsections 3 and 4,
release the right, title and interest of the State in and to the
right-of-way to the purchaser or lessee of the land, his assigns or
successors in interest.
3. Before releasing the state’s interest in the right-of-way, the
State Land Registrar shall cause to be published in a newspaper of
general circulation in the county where the right-of-way is located a
notice of intent to release that interest. The notice must be published
at least 30 days before the proposed date for the release and must
contain:
(a) A description of the location of the right-of-way;
(b) The date upon which the release is to be effective; and
(c) The mailing address of the State Land Registrar to which
persons may send protests against the proposed release.
4. The State Land Registrar may, or upon the receipt of a written
protest against the proposed release shall, hold a public hearing. The
hearing must be:
(a) Held in the county in which the right-of-way is located; and
(b) Advertised at least 30 days before the date of the hearing in a
newspaper of general circulation in the county where the right-of-way is
located.
(Added to NRS by 1981, 339; A 1995, 642; 1997, 969)
SALE OF TIMBER
The State Land
Registrar, after consultation with the Division of Forestry of the State
Department of Conservation and Natural Resources, may:
1. Sell timber from any land owned by the State of Nevada which is
not assigned to the Department of Wildlife.
2. At the request of the Director of the Department of Wildlife,
sell timber from any land owned by the State of Nevada which is assigned
to the Department of Wildlife. Revenues from the sale of such timber must
be deposited with the State Treasurer for credit to the Wildlife Account
in the State General Fund.
(Added to NRS by 1979, 905; A 1993, 1556; 2003, 1560 )
FORT MOHAVE VALLEY DEVELOPMENT LAW
NRS 321.480 to 321.536 ,
inclusive, may be cited as the Fort Mohave Valley Development Law.
(Added to NRS by 1959, 560; A 1973, 1601)
1. As used in NRS 321.480 to
321.536 , inclusive, unless the context
otherwise requires:
(a) “Commission” means the Colorado River Commission of Nevada.
(b) “Development” and “develop” include the:
(1) Preparation of a proposal, plans for a subdivision,
plans for a zoning district or zoning regulations, or any other acts in
conformance with chapters 278 and 278A of NRS and any local master plans, regulations and
ordinances governing the improvement or use of land or the location and
construction of structures;
(2) Planning, design, construction or any other act
necessary to acquire, extend, alter, reconstruct, repair or make other
improvements to a project; and
(3) Solicitation, consideration and approval of proposals
for the use of land,
Ê in the Fort Mohave Valley.
2. As used in this section, “project” means any structure,
facility, undertaking or system which a county, city, town, general
improvement district or special district is authorized to acquire,
improve, equip, maintain or operate, including all kinds of personal and
real property, improvements and fixtures thereon, property of any nature
appurtenant thereto or used in connection therewith and every estate,
interest and right therein, legal or equitable, including terms for
years, or any combination thereof.
(Added to NRS by 1959, 560; A 1973, 1601; 1977, 1125; 1981, 1445;
1983, 1520; 1987, 2314; 2001, 2443 )
1. The Commission may, on behalf of the State of Nevada, purchase
or otherwise acquire from the Federal Government all or any portion of
the lands described in subsection 2, at intervals during any period when
a purchase or acquisition may be made as provided by the Congress of the
United States, including any extension of time granted by the Secretary
of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
(a) Parcel 1. All of sections 1, 12 and 13; fractional sections 24
and 25, T. 33 S., R. 65 E.
(b) Parcel 2. All of sections 6, 7 and 8; fractional sections 4,
5, 9, 10 and 15, all of section 16, fractional section 17, all of section
18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.
(c) Parcel 3. All of sections 9, 10, 11, 14, 15 and 16, east 1/2
section 20, all of sections 21, 22, 23, fractional sections 24, 25 and
26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section
31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.
(d) Parcel 4. Fractional sections 4 and 5, T. 34 S., R. 66 E., and
any other surveyed land or any unsurveyed land lying between the lands
described in parcels 2, 3 and 4 and the Arizona-Nevada state line.
Ê All references to township and range in this subsection refer to Mount
Diablo base and meridian.
(Added to NRS by 1959, 560; A 1960, 158; 1973, 1601; 1981, 1445;
1997, 1609, 2981; 1999, 468 )
1. The Commission shall undertake such engineering, planning and
developmental studies, and such other action as may be necessary for the
development of the Fort Mohave Valley.
2. The Commission shall not solicit plans for development or
dispose of lands described in NRS 321.500 and 321.534
unless it has first obtained the concurrence of the governing body whose
territory contains the land described for development or disposal that
the proposed development or disposal:
(a) Is consistent with a master plan adopted by the governing body
pursuant to chapter 278 of NRS; or
(b) Constitutes an acceptable revision to the master plan,
Ê and is consistent with the plans and projects of any special district
whose territory contains the land described for development or disposal.
3. Any such proposal for the development or disposal of land must
comply with applicable local regulations and ordinances governing the
development of land, the location and construction of structures or the
regulation of projects.
4. The Commission may adopt regulations governing procedures for
the disposal of the lands described in NRS 321.500 and 321.534
and may develop, dispose of and approve requests for the development or
disposal of those lands only if in accordance with a master plan that has
been adopted by the governing body whose territory contains the land
described for development or disposal.
5. The Commission, acting for and on behalf of the State of
Nevada, may relinquish all rights, powers and privileges the State has to
purchase any portion, part or parcel of the lands described in NRS
321.500 . Any such relinquishment must
be made by written instrument, approved by the Attorney General, and
forwarded to the Secretary of the Interior.
(Added to NRS by 1959, 561; A 1960, 159; 1965, 1278; 1973, 1601;
1981, 1446; 1983, 1521; 1987, 2315)
1. For the use of the Commission in carrying out the provisions of
NRS 321.480 to 321.536 , inclusive, the Fort Mohave Valley Development
Account is hereby created in the State Treasury.
2. The interest and income earned on the money in the Fort Mohave
Valley Development Account, after deducting any applicable charges, must
be credited to the Account.
3. Money in the Fort Mohave Valley Development Account must be
paid out on claims against the Account as other claims against the State
are paid, after the claims have been approved by the Commission pursuant
to subsection 3 of NRS 321.536 .
(Added to NRS by 1959, 561; A 1973, 1602; 1981, 1446; 1983, 388,
1584; 1987, 2316; 1991, 1762)
1. Any money received by the Commission in connection with the
development or disposition of any land described in NRS 321.500 must be deposited in the State Treasury to the
credit of the Fort Mohave Valley Development Account.
2. The State Controller and the State Treasurer shall calculate
and retain an amount of money from that deposit equal to the necessary
expenses incurred in the acquisition of any land described in NRS 321.500
and shall transfer the remaining amount
to the State General Fund until the transfers have resulted in complete
reimbursement to the State General Fund for all money appropriated from
the State General Fund to the Fort Mohave Valley Development Account.
(Added to NRS by 1959, 561; A 1973, 1602; 1981, 1446; 1987, 2316;
1991, 1762)
The Commission may act as the agent of the State of
Nevada in the development and disposal of state lands in the Fort Mohave
Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. &
M., lying between the meander line of the General Land Office dependent
resurvey of 1947 and the right bank of the channel of the Colorado River
and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R.
66 E., M.D.B. & M., lying between the meander line of the General Land
Office survey of 1932 and the right bank of the channel of the Colorado
River.
(Added to NRS by 1961, 469; A 1973, 1602; 1981, 1446)
1. The Commission may use money in the Fort Mohave Valley
Development Account to purchase or otherwise acquire lands described in
NRS 321.500 and 321.534 in an amount not to exceed $3,200,000.
2. After the allocation of money pursuant to subsection 1, the
Commission may use money in the Fort Mohave Development Account to
administer the provisions of NRS 321.480 to 321.536 ,
inclusive, and any other expenditures authorized by law.
3. After the allocation of money pursuant to subsections 1 and 2,
the Commission, with the concurrence of the Board of County Commissioners
of Clark County, shall, pursuant to NRS 353.150 to 353.246 , inclusive, prepare and submit a program for the use of the
remaining money available in the Fort Mohave Valley Development Account
to develop state and local capital improvements. The program may include
the planning, design and construction of those improvements which develop
the land in the Fort Mohave Valley or in the service area of any general
improvement district, special district, town or city which contains all
or a part of the land in the Fort Mohave Valley, or both. If the program
is approved, the Commission shall approve proper claims against the
Account made in conformance with the program in a manner which ensures
that any claims concerning a particular capital improvement are approved
and paid before any claims concerning another capital improvement are
approved and paid.
4. After disposition of the money in the Fort Mohave Valley
Development Account pursuant to subsections 1, 2 and 3, the Commission
may use any remaining money to:
(a) Develop and dispose of any land described in NRS 321.534 acquired by the Commission;
(b) Purchase or otherwise acquire, develop and dispose of any other
land which the Commission is authorized to purchase, acquire, develop or
dispose of; and
(c) Perform any other acts authorized by the Legislative Commission.
5. Any money:
(a) Received from the development or disposition of the land
described in NRS 321.534 ; or
(b) Received from the development or disposition of any other land
which the Commission acquires using money from the Fort Mohave Valley
Development Account pursuant to paragraph (b) of subsection 4,
Ê must be deposited in the Fort Mohave Valley Development Account.
(Added to NRS by 1961, 470; A 1967, 1056; 1973, 1603; 1981, 1447;
1983, 1521; 1987, 2316; 1991, 1763; 1997, 2982)
LINCOLN COUNTY PILOT LAND DEVELOPMENT AND DISPOSAL LAW
NRS 321.540 to 321.590 ,
inclusive, may be cited as the Lincoln County Pilot Land Development and
Disposal Law.
(Added to NRS by 1959, 623)
As used in NRS 321.540 to 321.590 ,
inclusive, unless the context otherwise requires, “Department” means the
State Department of Conservation and Natural Resources.
(Added to NRS by 1959, 623)
The Department may, on
behalf of the State of Nevada, purchase or otherwise acquire from the
Federal Government all or any portion of any available land in Lincoln
County, Nevada, at intervals during any period when such purchase may be
made as provided by the Congress of the United States, including any
extension of time granted by the Secretary of the Interior, or otherwise.
(Added to NRS by 1959, 623)
The Department may, with the advice of the Board of County Commissioners
of Lincoln County, undertake such engineering and planning studies and
such other action as may be necessary for the development of the lands in
Lincoln County, and shall sell and dispose of lands in Lincoln County in
accordance with the plans and procedures of the Department.
(Added to NRS by 1959, 624)
1. There is hereby created in the State Treasury, for the use of
the Department in carrying out the provisions of NRS 321.540 to 321.590 ,
inclusive, a fund to be known as the Lincoln County Pilot Land
Development and Disposal Fund.
2. Moneys in the Lincoln County Pilot Land Development and
Disposal Fund shall be paid out on claims against such Fund as other
claims against the State are paid, after such claims have been approved
by the Department.
(Added to NRS by 1959, 624)
1. Any moneys received by the Department in connection with the
development or disposition of any lands described in NRS 321.560 shall be deposited forthwith in the State
Treasury to the credit of the Lincoln County Pilot Land Development and
Disposal Fund.
2. Immediately following such a deposit, the State Controller and
the State Treasurer shall transfer the amount of such deposit to the
General Fund until such time as such transfers have resulted in complete
reimbursement to the General Fund for all moneys theretofore appropriated
from the General Fund to the Lincoln County Pilot Land Development and
Disposal Fund.
(Added to NRS by 1959, 624)
LAKE TAHOE
Boundary of Lake
The boundary between the bed of Lake Tahoe, owned by the State of Nevada
in its sovereign capacity, and adjacent lands owned by others or by the
State in any other capacity, is established as a line whose elevation is
6,223 feet, Lake Tahoe datum.
(Added to NRS by 1977, 1124; A 1979, 283)
Protection of Lake Tahoe Basin
1. The Account for License Plates for the Support of the
Preservation and Restoration of the Natural Environment of the Lake Tahoe
Basin is hereby created in the State General Fund. The Administrator of
the Division of State Lands of the State Department of Conservation and
Natural Resources shall administer the Account.
2. The money in the Account does not lapse to the State General
Fund at the end of a fiscal year. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be
credited to the Account.
3. The money in the Account must be used only for the support of
programs for the preservation and restoration of the natural environment
of the Lake Tahoe Basin and must not be used to replace or supplant
funding available from other sources. The Administrator may provide
grants from the Account to other public agencies to carry out the
provisions of this section.
(Added to NRS by 1997, 137)—(Substituted in revision for NRS
321.5955)
The Legislature
hereby finds and declares that:
1. The Lake Tahoe Basin exhibits unique environmental and
ecological conditions that are irreplaceable.
2. Certain of the unique environmental and ecological conditions
exhibited within the Lake Tahoe Basin, such as the clarity of the water
in Lake Tahoe, are diminishing at an alarming rate.
3. This state has a compelling interest in preserving, protecting,
restoring and enhancing the natural environment of the Lake Tahoe Basin.
4. The preservation, protection, restoration and enhancement of
the natural environment of the Lake Tahoe Basin is a matter of such
significance that it must be carried out on a continual basis.
5. It is in the best interest of this state to grant to the
Division continuing authority to carry out programs to preserve, protect,
restore and enhance the natural environment of the Lake Tahoe Basin.
6. The powers and duties set forth in NRS 321.5952 to 321.5957 , inclusive, are intended to be exercised by
the Division in a manner that complements and does not duplicate the
activities of the Tahoe Regional Planning Agency.
(Added to NRS by 1999, 2017 )
The Division
may establish and carry out programs to preserve, restore and enhance the
natural environment of the Lake Tahoe Basin on public land and on
privately owned property with the consent of the owner of the property.
(Added to NRS by 1999, 2018 )
1. In carrying out a program authorized pursuant to NRS 321.5953
, the Division may, as the State Land
Registrar deems appropriate regarding particular parcels of land:
(a) Acquire, from a willing owner, real property or an interest in
real property in the Lake Tahoe Basin by donation, purchase or exchange;
(b) Transfer real property or an interest in real property in the
Lake Tahoe Basin by sale, lease or exchange;
(c) Eliminate, or mitigate the effects of, development, land
coverage or features or conditions of real property acquired pursuant to
paragraph (a) that are detrimental to the natural environment of the Lake
Tahoe Basin; and
(d) Retire, extinguish or otherwise terminate rights to develop or
place land coverage on real property acquired pursuant to paragraph (a).
2. The State Land Registrar may transfer real property or an
interest in real property acquired pursuant to this section:
(a) To state and federal agencies, local governments and nonprofit
organizations for such consideration as the State Land Registrar deems to
be reasonable and in the interest of the general public.
(b) To other persons for a price that is not less than the fair
market value of the real property or interest.
3. Before real property or an interest in real property is
transferred pursuant to this section, the State Land Registrar shall
record a declaration of restrictions or deed restrictions if the State
Land Registrar determines that such restrictions are necessary to protect
the public interest.
4. The State Land Registrar shall report quarterly to the State
Board of Examiners regarding the real property or interests in real
property transferred pursuant to this section.
5. Notwithstanding any other provision of law, a person shall not
acquire, disturb or use real property or an interest in real property
acquired by this state pursuant to this section unless the person first
obtains written authorization from the State Land Registrar.
6. As used in this section:
(a) “Interest in real property” includes, without limitation:
(1) An easement for conservation as that term is defined in
NRS 111.410 ;
(2) The right to develop the real property;
(3) The right to place land coverage on the real property;
and
(4) Such other easements or rights as are appurtenant to the
real property.
(b) “Land coverage” means a covering over or compaction of the
natural surface of the ground that prevents water from percolating into
the ground.
(Added to NRS by 1999, 2018 )
In carrying out the provisions of NRS
321.5952 to 321.5957 , inclusive:
1. The Division may, as the State Land Registrar deems
appropriate, cooperate and enter into agreements with state and federal
agencies, local governments, nonprofit organizations and other persons or
entities to carry out programs to preserve, restore and enhance the
natural environment of the Lake Tahoe Basin on public land and on
privately owned property with the consent of the owner of the property.
2. The State Land Registrar may, within the limits of available
money, make grants to other state agencies, local governments and
nonprofit organizations formed for educational or charitable purposes. A
local government that receives grant money pursuant to this subsection
may, with the approval of the State Land Registrar, enter into a contract
or other agreement with another local government, a nonprofit
organization or another person or entity pursuant to which the local
government disburses the grant money to the other local government,
nonprofit organization or other person or entity to carry out a program
to preserve, restore and enhance the natural environment of the Lake
Tahoe Basin.
3. The State Land Registrar may, within the limits of available
money, enter into a contract or other agreement with a nonprofit
organization that is not formed for educational or charitable purposes or
another person or entity to pay the reasonable costs incurred by the
nonprofit organization or other person or entity to carry out a program
to preserve, restore and enhance the natural environment of the Lake
Tahoe Basin. In entering such a contract or agreement, the State Land
Registrar shall ensure that:
(a) Public money is only expended for public purposes; and
(b) The public interest is protected adequately.
(Added to NRS by 1999, 2019 ; A 2001, 367 )
The State Land Registrar may adopt
regulations as the State Land Registrar deems necessary to carry out the
provisions of NRS 321.5952 to 321.5957
, inclusive.
(Added to NRS by 1999, 2019 )
MOUNT CHARLESTON
1. The Account for License Plates for the Support of the Natural
Environment of the Mount Charleston Area is hereby created in the State
General Fund. The Administrator of the Division shall administer the
Account.
2. The money in the Account does not lapse to the State General
Fund at the end of a fiscal year. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be
credited to the Account.
3. The money in the Account must be used only for the support of
programs for the natural environment of the Mount Charleston area,
including, without limitation, programs to improve the wildlife habitat,
the ecosystem, the forest, public access to the area and its recreational
use, and must not be used to replace or supplant money available from
other sources. The Administrator may provide grants from the Account to
other public agencies and political subdivisions, including, without
limitation, unincorporated towns, to carry out the provisions of this
section.
(Added to NRS by 1999, 1168 )
MANAGEMENT OF CERTAIN PUBLIC LANDS
The Legislature finds that:
1. The State of Nevada has a strong moral claim upon the public
land retained by the Federal Government within Nevada’s borders because:
(a) On October 31, 1864, the Territory of Nevada was admitted to
statehood on the condition that it forever disclaim all right and title
to unappropriated public land within its boundaries;
(b) From 1850 to 1894, newly admitted states received 2 sections of
each township for the benefit of common schools, which in Nevada amounted
to 3.9 million acres;
(c) In 1880 Nevada agreed to exchange its 3.9-million-acre school
grant for 2 million acres of its own selection from public land in Nevada
held by the Federal Government;
(d) At the time the exchange was deemed necessary because of an
immediate need for public school revenues and because the majority of the
original federal land grant for common schools remained unsurveyed and
unsold;
(e) Unlike certain other states, such as New Mexico, Nevada
received no land grants from the Federal Government when Nevada was a
territory;
(f) Nevada received no land grants for insane asylums, schools of
mines, schools for the blind and deaf and dumb, normal schools, miners’
hospitals or a governor’s residence as did states such as New Mexico; and
(g) Nevada thus received the least amount of land, 2,572,478 acres,
and the smallest percentage of its total area, 3.9 percent, of the land
grant states in the Far West admitted after 1864, while states of
comparable location and soil, namely Arizona, New Mexico and Utah,
received approximately 11 percent of their total area in federal land
grants.
2. The State of Nevada has a legal claim to the public land
retained by the Federal Government within Nevada’s borders because:
(a) In the case of the State of Alabama, a renunciation of any
claim to unappropriated lands similar to that contained in the ordinance
adopted by the Nevada constitutional convention was held by the Supreme
Court of the United States to be “void and inoperative” because it denied
to Alabama “an equal footing with the original states” in Pollard v.
Hagan, 44 U.S. (3 How.) 212 (1845);
(b) The State of Texas, when admitted to the Union in 1845,
retained ownership of all unappropriated land within its borders, setting
a further precedent which inured to the benefit of all states admitted
later “on an equal footing”; and
(c) The Northwest Ordinance of 1787, adopted into the Constitution
of the United States by the reference of Article VI to prior engagements
of the Confederation, first proclaimed the “equal footing” doctrine, and
the Treaty of Guadalupe Hidalgo, by which the territory including Nevada
was acquired from Mexico and which is “the supreme law of the land” by
virtue of Article VI, affirms it expressly as to the new states to be
organized therein.
3. The exercise of broader control by the State of Nevada over the
public lands within its borders would be of great public benefit because:
(a) Federal holdings in the State of Nevada constitute 86.7 percent
of the area of the State, and in Esmeralda, Lincoln, Mineral, Nye and
White Pine counties the Federal Government controls from 97 to 99 percent
of the land;
(b) Federal jurisdiction over the public domain is shared among 17
federal agencies or departments which adds to problems of proper
management of land and disrupts the normal relationship between a state,
its residents and its property;
(c) None of the federal lands in Nevada are taxable and Federal
Government activities are extensive and create a tax burden for the
private property owners of Nevada who must meet the needs of children of
Federal Government employees, as well as provide other public services;
(d) Under general land laws only 2.1 percent of federal lands in
Nevada have moved from federal control to private ownership;
(e) Federal administration of the retained public lands, which are
vital to the livestock and mining industries of the State and essential
to meet the recreational and other various uses of its citizens, has been
of uneven quality and sometimes arbitrary and capricious; and
(f) Federal administration of the retained public lands has not
been consistent with the public interest of the people of Nevada because
the Federal Government has used those lands for armament and nuclear
testing thereby rendering many parts of the land unusable and unsuited
for other uses and endangering the public health and welfare.
4. The intent of the framers of the Constitution of the United
States was to guarantee to each of the states sovereignty over all
matters within its boundaries except for those powers specifically
granted to the United States as agent of the states.
5. The attempted imposition upon the State of Nevada by the
Congress of the United States of a requirement in the enabling act that
Nevada “disclaim all right and title to the unappropriated public lands
lying within said territory,” as a condition precedent to acceptance of
Nevada into the Union, was an act beyond the power of the Congress of the
United States and is thus void.
6. The purported right of ownership and control of the public
lands within the State of Nevada by the United States is without
foundation and violates the clear intent of the Constitution of the
United States.
7. The exercise of such dominion and control of the public lands
within the State of Nevada by the United States works a severe,
continuous and debilitating hardship upon the people of the State of
Nevada.
(Added to NRS by 1979, 1362)
As used in NRS 321.596 to 321.599 ,
inclusive, unless the context otherwise requires:
1. “Division” means the Division of State Lands of the State
Department of Conservation and Natural Resources.
2. “Public lands” means all lands within the exterior boundaries
of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local
governments or the Nevada System of Higher Education;
(c) Which are located within congressionally authorized national
parks, monuments, national forests or wildlife refuges or which are lands
acquired by purchase consented to by the Legislature;
(d) Which are controlled by the United States Department of
Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian
reservations.
(Added to NRS by 1979, 1364; A 1993, 389)
1. There is hereby created a Board of Review composed of:
(a) The Director of the State Department of Conservation and
Natural Resources;
(b) The Administrator of the Division of Environmental Protection
of the State Department of Conservation and Natural Resources;
(c) The Administrator of the Division of Minerals of the Commission
on Mineral Resources;
(d) The Administrator of the Division of State Parks of the State
Department of Conservation and Natural Resources;
(e) The State Engineer;
(f) The State Forester Firewarden;
(g) The Chairman of the State Environmental Commission;
(h) The Director of the State Department of Agriculture;
(i) The Chairman of the Board of Wildlife Commissioners; and
(j) The Administrator of the Office of Historic Preservation of the
Department of Cultural Affairs.
2. The Chairman of the State Environmental Commission serves as
Chairman of the Board.
3. The Board shall meet at such times and places as are specified
by a call of the Chairman. Six members of the Board constitute a quorum.
The affirmative vote of a majority of the Board members present is
sufficient for any action of the Board.
4. Except as otherwise provided in this subsection, the members of
the Board serve without compensation. The Chairman of the State
Environmental Commission and the Chairman of the Board of Wildlife
Commissioners are entitled to receive a salary of not more than $80, as
fixed by the Board, for each day’s attendance at a meeting of the Board.
5. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
6. The Board:
(a) Shall review and approve or disapprove all regulations proposed
by the State Land Registrar pursuant to NRS 321.597 .
(b) May review any decision of the State Land Registrar made
pursuant to NRS 321.596 to 321.599
, inclusive, if an appeal is taken
pursuant to NRS 321.5987 , and affirm,
modify or reverse the decision.
(c) Shall review any plan or statement of policy concerning the use
of lands in Nevada under federal management which is submitted by the
State Land Use Planning Agency.
(Added to NRS by 1979, 1364; A 1981, 323, 1979; 1983, 1882, 2088;
1985, 414; 1989, 1711; 1993, 1557; 1999, 3622 ; 2001, 938 )
1. The Division shall hold the public lands of the State in trust
for the benefit of the people of the State and shall manage them in an
orderly and beneficial manner consistent with the public policy declared
in NRS 321.5977 .
2. The State Land Registrar may with the approval of the Board of
Review adopt regulations necessary to manage the public lands in an
orderly and beneficial manner and to carry out the provisions of NRS
321.596 to 321.599 , inclusive, and the public trust created in
those sections.
3. Except as provided in this subsection, the State Land Registrar
may contract for or employ such professional and clerical personnel as
are needed to carry out his functions. Any contract for professional
services must be approved by the State Board of Examiners and any money
necessary to compensate those persons must be approved for expenditure by
the Legislature or the Interim Finance Committee.
(Added to NRS by 1979, 1365)
1. Subject to existing rights, all public lands in Nevada and all
minerals not previously appropriated are the property of the State of
Nevada and subject to its jurisdiction and control.
2. Until equivalent measures are enacted by the State of Nevada,
the rights and privileges of the people of the State of Nevada under the
National Forest Reserve Transfer Act (16 U.S.C. §§ 471 et seq.), the
General Mining Laws (30 U.S.C. §§ 21 et seq.), the Homestead Act (43
U.S.C. §§ 161 et seq.), the Taylor Grazing Act (43 U.S.C. §§ 315 et
seq.), the Desert Land Act (43 U.S.C. §§ 321 et seq.), the Carey Act (43
U.S.C. §§ 641 et seq.) and the Public Rangelands Improvement Act (43
U.S.C. §§ 1901 et seq.) and all rights-of-way and easements for public
utilities must be preserved under administration by the State.
3. Public lands in Nevada which have been administered by the
United States under international treaties or interstate compacts must
continue to be administered by the State in conformance with those
treaties or compacts.
(Added to NRS by 1979, 1365)
The public
lands of Nevada must be administered in such a manner as to conserve and
preserve natural resources, wildlife habitat, wilderness areas,
historical sites and artifacts, prehistoric sites and artifacts,
paleontological resources and to permit the development of compatible
public uses for recreation, agriculture, ranching, mining and timber
production and the development, production and transmission of energy and
other public utility services under principles of multiple use which
provide the greatest benefit to the people of Nevada.
(Added to NRS by 1979, 1365; A 1981, 323)
1. Except as provided in subsection 2, no sale, conveyance or
other disposal of the public lands may be permitted or authorized by the
State Land Registrar, unless specifically authorized by an act of the
Legislature enacted after July 1, 1979.
2. To the extent that the public lands may be conveyed, leased,
permitted, or licensed by the Federal Government or any of its agencies,
the State Land Registrar is hereby authorized to convey, lease, license
or permit the use of public lands to the same extent or in the same
manner as those lands are conveyed, leased, licensed or permitted to be
used by the Federal Government or any of its agencies.
3. All proceeds of fees, rents, royalties or other money paid to
the State under NRS 321.596 to 321.599
, inclusive, must be deposited with the
State Treasurer for credit to the State General Fund.
(Added to NRS by 1979, 1365)
1. Except as it is authorized pursuant to NRS 321.5973 or except as it may be authorized by the
State Land Registrar pursuant to any authority conferred upon him by law,
any sale, lease, exchange, encumbrance or other disposal of any parcel of
or any interest in the public lands is void.
2. Any person who intends to perform or who actually carries out
any act with respect to the use, management or disposal of any of the
public lands under color of any statute, ordinance, regulation, custom or
usage of the United States or otherwise, shall obtain written
authorization from the State Land Registrar approving or confirming any
such act, which authorization shall be given only to the extent it is
authorized under the laws of this State.
3. Any person who does not obtain written authorization from the
State Land Registrar as required by subsection 2 may be enjoined by the
State Land Registrar from attempting to perform or continuing to carry
out any act respecting the use, management or disposal of any of the
public lands in any court of competent jurisdiction of this State within
whose jurisdiction any of the affected public lands are located or the
person resides.
4. Any person who receives any money or other consideration for
any purported sale or other disposition of any public land which was made
contrary to the provisions of NRS 321.596 to 321.599 ,
inclusive, is liable to the State for that money or for the value of any
other consideration. The money may be recovered in an action brought by
the State Land Registrar in a court of competent jurisdiction of this
State within whose jurisdiction any of the affected public lands are
located or the person resides.
(Added to NRS by 1979, 1366)
1. Any person who is aggrieved by a decision of the State Land
Registrar made pursuant to NRS 321.596
to 321.599 , inclusive, may appeal by
letter to the Board of Review within 30 days after the date of the
decision from which the appeal is taken. The letter must set out:
(a) The decision from which the appeal is taken;
(b) Legal grounds for the contention of the appellant that the
decision exceeds the authority of the State Land Registrar; and
(c) Facts to support the contention,
Ê with sufficient particularity to permit the State Land Registrar to
prepare for a hearing.
2. Upon receiving the letter, the Board may:
(a) Dismiss the appeal if it appears from the letter to lack any
merit; or
(b) Set a date for a hearing of the appeal which must be not less
than 15 days nor more than 45 days after the date on which the Board
receives the letter. The Board shall notify the State Land Registrar and
the appellant of the date, time and place of the hearing.
3. Any hearing held by the Board must be informal.
4. The State Land Registrar or his representative shall present at
the hearing the facts considered in reaching his decision. The appellant
or his representative may present matters in support of his contention
that the State Land Registrar’s decision exceeds his authority.
5. If the appellant does not appear in person or by
representative, the Board may consider the matters set forth in his
letter of appeal and may dismiss the appeal or take any other action
which it finds to be reasonable and proper.
6. The Board shall issue its order as soon as practicable after
conducting the hearing. The order of the Board is a final decision in a
contested case.
(Added to NRS by 1979, 1366)
596 to 321.599 ,
inclusive, by Attorney General. The Attorney General may initiate or
defend any action commenced in any court to carry out or enforce the
provisions of NRS 321.596 to 321.599
, inclusive, or seek any appropriate
judicial relief to protect the interests of the State or the people of
the State in the public lands. The right to enforce the provisions of NRS
321.596 to 321.599 , inclusive, vests exclusively in the Attorney
General.
(Added to NRS by 1979, 1367)
PUBLIC LAND TRUST FUND
[Effective on date State obtains unreserved,
unappropriated public lands in Nevada pursuant to federal law.]
1. There is hereby created in the State Treasury the Public Land
Trust Fund. All money appropriated for the purpose of making payments to
local governments in lieu of taxes on public lands must be deposited by
the State Land Registrar in the State Treasury for credit to the Public
Land Trust Fund. If the State obtains title to, trusteeship over or
management of more than one-fifth of the public lands in Nevada, upon
approval of the Interim Finance Committee the State Land Registrar shall
pay out of that Trust Fund in each fiscal year to each local government
in Nevada an amount equal to or more than the payment the local
government received in lieu of taxes on federal lands pursuant to 31
U.S.C. §§ 1601 et seq., in the most recent fiscal year, less the payment
in lieu of taxes which the local government is entitled to receive from
the Federal Government in the next fiscal year after the state obtains
those lands.
2. If the local governments receive reduced payments in lieu of
taxes from the Federal Government during a portion of a fiscal year
because of the State’s obtaining those lands, the payments provided for
in subsection 1 must be prorated for that portion of the fiscal year in
which the payments from the Federal Government are reduced.
3. Payments from the Trust Fund must be made as other claims
against the State are paid.
(Added to NRS by 1981, 1574, effective on date State obtains
unreserved, unappropriated public lands in Nevada pursuant to federal law)
LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC AND RECREATIONAL PURPOSES
The intent of the
Legislature in the enactment of this section and NRS 321.610 is to provide an orderly procedure for the
processing of applications by the State, its agencies and political
subdivisions for lease or purchase of public lands pursuant to the
provisions of the Recreation and Public Purposes Act of 1926, 44 Stat.
741, as amended, and to aid the applicant and the Bureau of Land
Management by requiring the State Land Registrar to examine the propriety
and correctness of the applications submitted to the State Land Registrar
pursuant to subsections 1 and 5 of NRS 321.610 before the applications are filed with the
Bureau of Land Management.
(Added to NRS by 1960, 113; A 1975, 102; 1997, 970)
1. All applications to the Bureau of Land Management by the State
filed on behalf of a state agency except:
(a) The Department of Transportation;
(b) The Nevada System of Higher Education; or
(c) The Legislature,
Ê to lease or purchase lands pursuant to the provisions of the Recreation
and Public Purposes Act of 1926, 44 Stat. 741, as amended, must be
submitted to the State Land Registrar for approval.
2. The State Land Registrar shall:
(a) Examine those applications and determine whether they are in
proper form, contain the required information and are accompanied by the
required fees;
(b) Determine from the records of the Bureau of Land Management
whether the lands to be leased or purchased are subject to disposition
pursuant to the Act; and
(c) File each application he approves with the Bureau of Land
Management.
3. If the State Land Registrar denies an application submitted
pursuant to subsection 1, he shall mail a written notice of the denial to
the state agency within 7 days after the application is denied. The
notice must include a statement that sets forth:
(a) The reason the application was denied; and
(b) Any conditions that the state agency must satisfy before the
State Land Registrar will approve the application.
4. If the state agency satisfies the conditions set forth in the
notice, the State Land Registrar shall approve the application and file
it with the Bureau of Land Management.
5. The Department of Transportation, the Nevada System of Higher
Education, the Legislature or a political subdivision of the State may
request the assistance of the State Land Registrar in filing an
application with the Bureau of Land Management to lease or purchase lands
pursuant to the provisions of the Recreation and Public Purposes Act of
1926, 44 Stat. 741, as amended. The State Land Registrar shall provide
the assistance requested, including, but not limited to, an examination
of any application submitted to him for his review. The State Land
Registrar shall, upon the completion of his examination, return the
application to the Department of Transportation, the Nevada System of
Higher Education, the Legislature or the political subdivision for filing
with the Bureau of Land Management.
(Added to NRS by 1960, 113; A 1975, 102; 1997, 970)
STATE PLANNING OF USE OF LAND
General Provisions
The Legislature
hereby finds and declares that:
1. It is in the public interest to place the primary authority for
the planning process with the local governments, which are closest to the
people;
2. Unregulated growth and development of the State will result in
harm to the public safety, health, comfort, convenience, resources and
general welfare;
3. The cities of the State have a responsibility for guiding the
development of areas within their respective boundaries for the common
good, and the counties have similar responsibilities with respect to
their unincorporated areas;
4. City, county, regional and other planning must be done in
harmony to ensure the orderly growth and preservation of the State; and
5. State participation in land use planning should be limited to
coordination of information and data, the acquisition and use of federal
lands within the State, providing land use planning assistance in areas
of critical environmental concern when directed by the Governor or
requested by local governments, and providing assistance in resolving
inconsistencies between the land use plans of local governmental entities
when requested to do so by one of the entities.
(Added to NRS by 1973, 816; A 1977, 1553; 1979, 151; 1989, 1672)
As used in NRS 321.640 to 321.770 ,
inclusive:
1. “Administrator” means the executive head of the Division.
2. “Area of critical environmental concern” means any area in this
State where there is or could develop irreversible degradation of more
than local significance but does not include an area of depleting water
supply which is caused by the beneficial use or storage of water in other
areas pursuant to legally owned and fully appropriated water rights.
3. “Planning agency” means:
(a) The planning commission for the city in which the land is
entirely located; or
(b) A county or regional planning commission, if there is one, or
the board of county commissioners or Nevada Tahoe Regional Planning
Agency, within whose jurisdiction the land is located.
4. “Public lands” means all lands within the exterior boundaries
of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local
governments or the Nevada System of Higher Education;
(c) Which are located within congressionally authorized national
parks, monuments, national forests or wildlife refuges, or which are
lands acquired by purchase consented to by the Legislature;
(d) Which are controlled by the United States Department of
Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian
reservations.
(Added to NRS by 1975, 102; A 1977, 1554; 1981, 922; 1993, 389;
1997, 971; 1999, 1376 )
State Land Use Planning Agency
In addition to any other functions assigned
to it by law, the Division is hereby designated as the State Land Use
Planning Agency for the purpose of carrying out the provisions of NRS
321.640 to 321.770 , inclusive, and fulfilling any land use
planning requirements arising under federal law.
(Added to NRS by 1973, 817; A 1975, 103; 1977, 1554; 1997, 972)
1. The Administrator shall administer the activities of the State
Land Use Planning Agency. He has authority and responsibility for the
development and distribution of information useful to land use planning.
2. The activities of the State Land Use Planning Agency which have
priority are:
(a) Provision of technical assistance in areas where such
assistance is requested;
(b) Activities relating to federal lands in this State; and
(c) Investigation and review of proposals for designation of areas
of critical environmental concern and the development of standards and
plans therefor.
3. In addition to the assistant provided by subsection 3 of NRS
321.010 he may appoint, subject to the
availability of money, such professional, technical, administrative,
clerical and other persons as he may require for assistance in performing
his land use planning duties.
(Added to NRS by 1973, 817; A 1975, 103; 1977, 1037, 1127, 1554)
The Administrator shall develop and make available to cities and
counties information useful to land use planning, including:
1. Preparation and continuing revision of a statewide inventory of
the land and natural resources of the State;
2. Compilation and continuing revision of data, on a statewide
basis, related to population densities and trends, economic
characteristics and projections, environmental conditions and trends, and
directions and extent of urban and rural growth;
3. Projections of the nature and quantity of land needed and
suitable for:
(a) Recreation and esthetic appreciation;
(b) Conservation and preservation of natural resources,
agriculture, mineral development and forestry;
(c) Industry and commerce, including the development, generation
and transmission of energy;
(d) Transportation;
(e) Urban development, including the revitalization of existing
communities, the development of new towns, and the economic
diversification of existing communities which possess a narrow economic
base;
(f) Rural development, taking into consideration future demands for
and limitations upon products of the land; and
(g) Health, educational, and other state and local governmental
services;
4. Preparation and continuing revision of an inventory of
environmental, geological and physical conditions, including types of
soil, which influence the desirability of various uses of land;
5. Preparation and continuing revision of an inventory of state,
local government and private needs and priorities concerning the
acquisition and use of federal lands within the State;
6. Preparation and continuing revision of an inventory of public
and private institutional and financial resources available for land use
planning and management within the State and of state and local programs
and activities which have a land use impact of more than local concern;
7. Provision, where appropriate, of technical assistance and
training programs for state and local agency personnel concerned with the
development and implementation of state and local land use programs;
8. Coordination and exchange of land use planning information and
data among state agencies and local governments, with the Federal
Government, among the several states and interstate agencies, and with
members of the public, including conducting of public hearings,
preparation of reports and soliciting of comments on reports concerning
information useful to land use planning;
9. Coordination of planning for state and local acquisition and
use of federal lands within the State, except that in the case of a plan
which utilizes both federal and private lands the governing body of the
area where private lands are to be utilized has final authority to
approve the proposal;
10. Provision of assistance to counties to develop programs to
increase the responsibility of local governments for the management of
lands in the State of Nevada that are under federal management; and
11. Consideration of, and consultation with, the relevant states
on the interstate aspects of land use issues of more than local concern.
(Added to NRS by 1973, 817; A 1975, 103; 1977, 1554; 1989, 1672;
1997, 1031)
1. The State Land Use Planning Agency may represent the interests
of the State, its local or regional entities, or its citizens as these
interests are affected by policies and activities involving the use of
federal land.
2. The provisions of this section do not preclude a city or county
whose governing body has adopted a master plan pursuant to NRS 278.220
from representing its own interests in
accordance with NRS 278.243 .
(Added to NRS by 1977, 1128, 1553; A 1983, 1883; 1999, 1422 )
1. Upon receipt of a notice of realty action from the United
States concerning the purchase by the Federal Government of private land
or the exchange of public land for private land, the State Land Use
Planning Agency shall give written notice of the proposed action to the
governing body of each county or city affected within 1 week after its
receipt of the notice.
2. The governing body of each affected county or city may, in
addition to submission of comments directly to the Federal Government,
deliver its written comments on the proposed realty action, including an
estimation of any related reduction in the total assessed valuation of
the real property within the jurisdiction of the local government and
recommendations for mitigation of the loss of assessed valuation, to the
State Land Use Planning Agency within 30 days after receipt of the notice.
3. If the State Land Use Planning Agency elects to submit written
comment to the Federal Government upon the realty action, it shall
include in its submission any comments it received pursuant to subsection
2.
(Added to NRS by 1999, 1376 )
1. The State Land Use Planning Agency shall prepare, in
cooperation with appropriate federal and state agencies and local
governments throughout the State, plans or statements of policy
concerning the acquisition and use of lands in the State of Nevada that
are under federal management.
2. The State Land Use Planning Agency shall, in preparing the
plans and statements of policy, identify lands which are suitable for
acquisition for:
(a) Commercial, industrial or residential development;
(b) The expansion of the property tax base, including the potential
for an increase in revenue by the lease and sale of those lands; or
(c) Accommodating increases in the population of this State.
Ê The plans or statements of policy must not include matters concerning
zoning or the division of land and must be consistent with local plans
and regulations concerning the use of private property.
3. The State Land Use Planning Agency shall:
(a) Encourage public comment upon the various matters treated in a
proposed plan or statement of policy throughout its preparation and
incorporate such comments into the proposed plan or statement of policy
as are appropriate;
(b) Submit its work on a plan or statement of policy periodically
for review and comment by the Land Use Planning Advisory Council, the
Advisory Board on Natural Resources and any committees of the Legislature
or subcommittees of the Legislative Commission that deal with matters
concerning the public lands;
(c) On or before February 1 of each odd-numbered year, prepare and
submit a written report to the Legislature concerning any activities
engaged in by the Agency pursuant to the provisions of this section
during the immediately preceding biennium, including, without limitation:
(1) The progress and any results of its work; or
(2) Any plans or statements of policy prepared pursuant to
this section; and
(d) Provide written responses to written comments received from a
county or city upon the various matters treated in a proposed plan or
statement of policy.
4. Whenever the State Land Use Planning Agency prepares plans or
statements of policy pursuant to subsection 1 and submits those plans or
policy statements to the Governor, Legislature or an agency of the
Federal Government, the State Land Use Planning Agency shall include with
each plan or statement of policy the comments and recommendations of:
(a) The Land Use Planning Advisory Council;
(b) The Advisory Board on Natural Resources; and
(c) Any committees of the Legislature or subcommittees of the
Legislative Commission that deal with matters concerning the public lands.
5. A plan or statement of policy must be approved by the governing
bodies of the county and cities affected by it before it is put into
effect.
(Added to NRS by 1983, 1882; A 1989, 1673; 1995, 643; 1997, 1032,
3251)
State Consent to Federal Use of Public Land
1. Upon receipt of an application by the United States for consent
to a use of public land, the State Land Use Planning Agency shall give
written notice of the application to the planning agencies of the local
governments within 1 week after its receipt of the application.
2. Each planning agency so notified shall within 45 days after the
notice is sent hold a public hearing on the application at the place
where it normally meets. If the land is located within the jurisdiction
of two or more planning agencies, each of those agencies must hold a
hearing.
3. Each planning agency shall notify the public by publication in
one issue of a newspaper of general circulation published in each of the
counties in which the land is located. The notice must be published at
least 20 days before the date set for the hearing and set forth a
description of the land and the use for which consent is sought as stated
in the application. The cost of publishing the notice must be borne by
the United States or by someone in its behalf.
4. Each planning agency shall deliver its written recommendation
on the application, including the reasons for its recommendation, to the
State Land Use Planning Agency within 15 days after the conclusion of its
hearing on the application.
5. The application must contain such information and supporting
documents as are prescribed in regulations adopted by the State Land Use
Planning Agency and approved by the Director of the State Department of
Conservation and Natural Resources.
(Added to NRS by 1981, 921)
In considering applications to obtain consent to a use of the
public lands, the State Land Use Planning Agency shall transfer the
application to the State Engineer for his decision or refer it to him for
technical or engineering advice if the application or use affects water
rights, reclamation, flood control or protection of watershed. The water
law of this State is the rule of decision in all matters relating to
water rights.
(Added to NRS by 1981, 922)
1. The State Land Use Planning Agency shall hold a hearing on an
application for consent to use public land within 45 days after it
receives the written recommendation from the planning agencies. The State
Agency shall give notice of its hearing as required by law. At its
hearing the State Agency shall receive any testimony pertaining to any
use of the land which is not repetitive and shall consider the written
recommendation of the planning agency.
2. The State Agency shall deliver its written recommendation on
the application, including the reasons for its recommendation to the
governor within 15 days after the conclusion of its hearing on the
application.
(Added to NRS by 1981, 922)
1. The Governor in deciding whether to grant or deny the consent
of the State to a use of public land shall:
(a) Balance the interests of the Federal Government and the State;
and
(b) Not apply standards or impose conditions respecting the use of
land which are more restrictive than those generally applicable to other
persons or governmental agencies in this State.
2. In granting the consent of the State the Governor shall not
grant or waive any right, privilege, immunity or other incident of
sovereignty provided for in NRS 328.085 .
3. Any recommendation of the State Land Use Planning Agency which
is not acted on by the Governor within 30 days after he receives it and
which is not in conflict with the requirements of this section is
automatically approved unless the Governor in a writing which is attached
to the application and recommendations defers the decision for a good
cause.
4. The consent of the Governor to a use of public land must be
evidenced by a certificate signed by him and delivered to the United
States. A copy of the certificate must also be delivered to the State
Land Registrar.
(Added to NRS by 1981, 922)
Land Use Planning Advisory Council
1. The Land Use Planning Advisory Council, consisting of 17
members appointed by the Governor, is hereby created.
2. The Governor shall appoint members who are elected officials or
representatives of local political subdivisions, one member from each
county.
3. Members are entitled to receive the travel expenses and
subsistence allowances provided by law for their positions from the local
political subdivisions.
(Added to NRS by 1973, 819; A 1977, 1191, 1478, 1556)
The Land Use Planning Advisory Council shall:
1. Advise the Administrator on the development and distribution to
cities and counties of information useful to land use planning.
2. Advise the State Land Use Planning Agency regarding the
development of plans and statements of policy pursuant to subsection 1 of
NRS 321.7355 .
(Added to NRS by 1973, 819; A 1975, 105; 1977, 1556; 1997, 1033)
1. The Executive Council of the Land Use Planning Advisory Council
is hereby created to consider and make recommendations for land use
planning in areas of critical environmental concern and to resolve
inconsistencies between the land use plans of local government entities.
2. The Executive Council consists of the Administrator and four
persons selected by the Land Use Planning Advisory Council from among its
members. Each member of the Executive Council shall serve for 2-year
terms.
(Added to NRS by 1977, 1552; A 1979, 151)
Resolution of Inconsistencies in Local Plans
1. If an inconsistency in land use plans develops between two or
more adjacent or overlapping local government entities which cannot be
resolved between them, one or more of them may request the State Land Use
Planning Agency to study and assist in resolving the inconsistency.
2. Upon receipt of such a request the Administrator shall convene
a meeting of all the affected entities and shall provide technical
assistance and advice in resolving the inconsistency.
3. If, after subsequent meetings over a reasonable period of time
as determined by the Administrator, the affected entities cannot resolve
the inconsistency, the matter shall be submitted to the Executive Council
of the Land Use Planning Advisory Council for a decision.
(Added to NRS by 1977, 1552)
1. When an inconsistency in land use plans is submitted for
decision, the Executive Council may direct the staff of the State Land
Use Planning Agency to conduct studies, assemble information and prepare
proposals for alternative courses of action if necessary.
2. The Executive Council shall conduct public hearings in the
affected areas before arriving at a decision in the matter.
3. In rendering its decision, the Executive Council may sustain
the position of one or more of the local government entities involved or
prescribe its own land use plan for the area of inconsistency. The
Executive Council may adopt land use regulations to carry out its
decision.
4. All land use plans and regulations adopted by the Executive
Council pursuant to this section supersede inconsistent plans and
regulations of the affected local government entities, but the local
government entities are responsible for enforcing the plans and
regulations of the Executive Council.
5. In the event of noncompliance with such plans or regulations,
any affected local government entity may bring an action to obtain
injunctive relief against such noncompliance.
6. The Executive Council, upon petition from all of the affected
local government entities or on its own motion, may determine the
expiration date of the plans and regulations imposed pursuant to this
section.
(Added to NRS by 1977, 1552; A 1979, 152)
Planning for Areas of Critical Environmental Concern
1. The State Land Use Planning Agency shall provide assistance in
land use planning for areas of critical environmental concern:
(a) When the Governor directs that the Agency review and assist in
land use planning for an area he finds to be of critical environmental
concern.
(b) When one or more local government entities request that the
Agency advise and assist in land use planning for an area which affects
them and which they consider to be of critical environmental concern.
2. Upon receipt of a directive or a request pursuant to subsection
1, the Administrator shall study the problems of the area described and
meet with the affected local government entities to receive their initial
comments and recommendations. He shall then submit the matter of planning
for the area of critical environmental concern to the Executive Council
of the Land Use Planning Advisory Council for consideration and
recommendation.
3. The Executive Council shall include in its procedures one or
more public hearings upon notice given by at least one publication at
least 20 days before the hearing in a newspaper or combination of
newspapers having general circulation throughout the area affected and
each city and county any portion of whose territory lies within such
area. The notice shall state with particularity the subject of the
hearing.
4. Following completion of the hearings and consideration of other
information, the Executive Council shall make its final recommendations
for land use planning policies in the area of critical environmental
concern. The recommendations may include proposed land use regulations to
carry out such policies.
5. No land use regulation adopted by the Executive Council
pursuant to this section may become effective without the approval of the
Governor.
(Added to NRS by 1973, 820; A 1975, 105; 1977, 1556)
