USA Statutes : nevada
Title : Title 26 - PUBLIC LANDS
Chapter : CHAPTER 328 - FEDERAL LANDS
An officer of an agency or instrumentality of the United States:
1. May apply to the Director of the Legislative Counsel Bureau
pursuant to NRS 328.065 to 328.135
, inclusive, to obtain a cession of
concurrent criminal jurisdiction or other jurisdiction from the State of
Nevada.
2. Shall apply to the State Engineer pursuant to Title 48 of NRS
to appropriate water on the public lands or other federal lands of this
state. The State Engineer has continuing jurisdiction over any
acquisition by the United States of the waters of the State of Nevada,
whether by purchase, gift, condemnation, appropriation pursuant to the
state’s water laws or otherwise, and whether appurtenant to lands
acquired by or retained by the United States.
3. Shall apply to the Department of Transportation pursuant to the
procedure set forth in NRS 408.537 , 408.543 and 408.547 for consent to close a public road, as defined in NRS 405.191
, which is located on the public lands of this state.
4. Shall apply to the State Land Use Planning Agency pursuant to
the procedure set forth in NRS 321.736
to 321.739 , inclusive, for consent to
use land held solely for proprietary purposes relating to the retention
and management of the public lands, if that use interferes with the
sovereignty of this state respecting the land within its borders.
(Added to NRS by 1981, 918)
1. Upon application by an officer of an agency or instrumentality
of the United States in accordance with Clause 17 of Section 8 of Article
I of the Constitution of the United States, the Legislature, or the
Legislative Commission when the Legislature is not in regular session,
may by resolution cede concurrent criminal jurisdiction to the United
States respecting any land held by the United States for the erection of
forts, magazines, arsenals, dockyards or other needful buildings, or for
another governmental purpose authorized by the Constitution, subject to
the conditions and reservations set forth in this section and NRS 328.085
. Jurisdiction other than concurrent
criminal jurisdiction may be ceded only by the Legislature when in
regular session.
2. Federal jurisdiction over land to which this state has not
ceded its jurisdiction is limited to carrying out governmental purposes
authorized by the Constitution of the United States, and federal
jurisdiction over lands held for other purposes is limited to that
exercisable by an ordinary proprietor under the laws of this state.
3. An application for a cession of jurisdiction must set forth:
(a) The purpose of the application and the nature and extent of the
jurisdiction sought;
(b) The legal description of the land involved, together with a map
of the land;
(c) A statement of the governmental purpose to be carried out on
the land and the federal statute authorizing that activity; and
(d) A verification by an officer of the agency or instrumentality
who has knowledge of the contents of the application.
4. The Legislative Commission, upon the advice of the Attorney
General and after a hearing, may cede concurrent criminal jurisdiction to
the United States on behalf of this state if it finds that the contents
of the application are true and the cession is in the best interests of
this state. Notice of its hearing must be given as required by law.
(Added to NRS by 1981, 918)
It is the policy of this
state, with respect to conditions which may be imposed on a cession of
concurrent criminal jurisdiction or a grant of consent to use land or
close a public road, to reserve:
1. Its right to tax all the personal property, all activities of
persons and all buildings erected on the land to the extent permitted by
law;
2. All civil and political rights, including the right of
suffrage, which persons residing on the land would have had if the
cession were not made;
3. Its right to control, maintain and operate all state highways
constructed upon the land;
4. Its jurisdiction over the appropriation of water, including the
full power to control and regulate its acquisition, distribution,
diversion, control and use;
5. The right of the State and its citizens to prospect for, mine
and remove all deposits of minerals, including oil and gas;
6. Its authority to serve and execute all civil and criminal
process issued by any court of competent jurisdiction or public officer
having authority to issue such process and any order issued by such a
court which is necessary to be served upon any person who is on the land
or any building erected on it, in the same way and manner as if
jurisdiction had not been ceded;
7. Its criminal and civil jurisdiction, other than that expressly
ceded, to the extent permitted by law; and
8. Such other legislative jurisdiction over the land as does not
interfere with the express purpose of the cession or consent,
Ê and to impose a condition that the jurisdiction ceded or consent
granted to the United States continues only as long as the land belongs
to the United States and is held by it for the purpose for which
jurisdiction is ceded or consent is granted and in compliance with each
of the conditions and reservations of the cession or grant.
(Added to NRS by 1981, 919)
1. The cession of jurisdiction by the State must be evidenced by a
resolution signed on behalf of the State by the President of the Senate
and Speaker of the Assembly and attested to by the Secretary and Chief
Clerk of those houses, respectively, or by the Chairman and Secretary of
the Legislative Commission. The resolution must then be delivered to the
Secretary of State, who shall affix the Seal of the State thereto and
shall thereupon deliver it to the United States.
2. The resolution must contain an accurate description of the
land, a statement of the jurisdiction ceded to the United States, the
purpose of the cession and all power, authority and jurisdiction reserved
to the State.
3. The cession of jurisdiction does not vest until certified
copies of it have been filed with the State Land Registrar and recorded
in the offices of the county recorders of the counties in which the land
is located.
[13:108:1947; 1943 NCL § 2898.13]—(NRS A 1981, 920)
1. A recorder of conveyances of real property in this state shall
not accept for recordation any deed of conveyance wherein the United
States is the grantee unless there is recorded with the deed of
conveyance the written statement of a representative of the United
States, contained in the deed, or a notarized statement by such a
representative accompanying it, that the United States does not seek
exclusive jurisdiction over the property.
2. A deed of conveyance, patent, decree or other instrument
vesting in the United States the title to land within this state is not
effective as to a subsequent purchaser of that land if he takes in good
faith, for a valuable consideration and without notice of ownership of
that land by the United States until the United States records such an
instrument in the counties in which the land or any part of it is located.
[8:108:1947; 1943 NCL § 2898.08]—(NRS A 1977, 153; 1981, 921)
On matters under the provisions of NRS 328.065 to 328.135 ,
inclusive, affecting water rights, reclamation, flood control and
watershed protection, the Legislative Commission shall call upon the
State Engineer for technical and engineering advice, and the water law of
this state is the rule of decision in all matters relating to water
rights.
[14:108:1947; 1943 NCL § 2898.14]—(NRS A 1981, 921)
Any offer or agreement by the State of Nevada to grant a
cession of jurisdiction before June 2, 1981, must be construed according
to the law in effect at the time of the cession. If any condition of the
federal or state laws which were in force at that time has not been
complied with before June 2, 1981, the State’s conditional cession of
jurisdiction is declared to be void and of no effect, and as to such land
the State retains the entire jurisdiction it exercised or was entitled to
exercise when the United States acquired the land.
(Added to NRS by 1981, 920)
STATE CONSENT TO ACQUISITION OF LAND FOR FEDERAL PURPOSES
1. The consent of the State of Nevada to the acquisition of lands
by the United States for wildlife refuges pursuant to the Migratory Bird
Conservation Act of 1929, as amended, 16 U.S.C. §§ 715, et seq., whether
in fee or by lease or easement, may be granted only if recommended by the
planning agency within whose jurisdiction the land is located and
approved by the Legislature by law.
2. As used in this section, “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.
(Added to NRS by 1981, 920)
SPECIFIC CONSENTS TO ACQUISITION OF LANDS BY UNITED STATES; JURISDICTION
OVER CERTAIN LANDS CEDED TO UNITED STATES
Clark County
1. The Board of Capitol Commissioners of the State of Nevada is
hereby authorized and empowered to sell and convey the SE 1/4 of NE 1/4,
the E 1/2 of SW 1/4 of NE 1/4, and the E 1/2 of NE 1/4 of SE 1/4 of
section 33, T. 16 S., R. 68 E., M.D.B. & M., containing 80 acres in the
county of Clark, State of Nevada, to the United States of America for the
price fixed by the appraised value thereof, and which has been offered
therefor by the officials of the United States Bureau of Reclamation.
2. The net amount of money received from the sale of such land,
after payment of all necessary costs of conveyance, shall be placed in
the General Fund of the State.
[1:27:1933] + [2:27:1933]
1. The Board of Control of the State of Nevada is hereby
authorized and empowered to sell and convey and do all things whatsoever
necessary or incident to effect the conveyance to the United States of
America of the E 1/2 of the SW 1/4 of the NE 1/4; E 1/2 of the NE 1/4 of
the SE 1/4; and the SE 1/4 of the NE 1/4 of section 33, T. 16 S., R. 68
E., M.D.B. & M.
2. The title to the land shall be conveyed to the United States by
deed in such form as the Attorney General shall prescribe, and shall have
the Great Seal of the State of Nevada affixed by the Secretary of State.
3. The price to be paid by the United States for the lands, as
fixed and determined, is the sum of $600, which shall be deposited in the
General Fund of the State.
[1:33:1941] + [2:33:1941] + [3:33:1941]
Douglas County
1. The jurisdiction of the State of Nevada is hereby ceded to the
United States of America over the following lots, pieces and parcels of
land, situate, lying and being in Douglas County, State of Nevada, and
bounded and particularly described as follows: The E 1/2 of Lot 2 of the
NW 1/4 of section 5 in T. 14 N., R. 20 E., M.D.B. & M., containing 38.66
acres; the land to be used and occupied by the United States of America
for the use and benefit of the Indian School now situate in Carson City,
Nevada, and adjoining the land over which jurisdiction is hereby ceded.
2. Jurisdiction over the land is hereby retained by the State of
Nevada for the purpose of the service of all criminal and civil writs and
process thereon and therein.
3. This section shall remain in full force and effect as long as
the United States of America shall use and occupy the land for the uses
and purposes stated herein.
[1:46:1897] + [2:46:1897] + [3:46:1897]—(NRS A 1969, 330)
Lyon County
1. The consent of the State of Nevada is hereby given, in
accordance with Clause 17 of Section 8 of Article I of the Constitution
of the United States, to the acquisition by the United States of the
following-described land in this state as a site for a federal building
at Yerington: Lying and being in the City of Yerington, County of Lyon
and State of Nevada; beginning at a point in the easterly side of Main
Street, which point is distant northwardly 252.50 feet from the
intersection of the easterly side of Main Street with the northerly side
of Broadway Street; running thence in a northwardly direction along the
easterly side of Main Street a distance of 145 feet to a point in lands
now or formerly owned by Ed Tanner and other lands of the Lyon County
Bank Mortgage Company; thence in an eastwardly direction along the lands
of Edward Tanner and the Lyon County Bank Mortgage Company a distance of
181.80 feet to a point in the westerly side of a 20-foot public alley;
thence in a southwardly direction along the westerly side of the 20-foot
public alley a distance of 145 feet to a point in other lands of Mrs. Ida
L. Kaufman Estate; thence in a westwardly direction along other lands of
Mrs. Ida L. Kaufman Estate and lands now or formerly owned by F. M.
Johnson a distance of 181.80 feet to a point or place of beginning, being
all of Lot 7 and parts of Lots 5, 6 and 10 in Block A in the City of
Yerington as the same appears on the official plat of Block A in the
Office of the County Recorder of Lyon County.
2. The exclusive jurisdiction in and over the land described is
hereby ceded to the United States for all purposes, except the service
thereon of all civil and criminal process of the courts of this state,
but the jurisdiction so ceded shall continue no longer than the United
States shall own such lands; and so long as the lands shall remain the
property of the United States, and no longer, the same shall be and
continue exempt and exonerated from all state, county and municipal
assessment, taxation or other charges which may be levied or imposed
under the authority of this state.
3. This section shall be in full force and effect from and after
the time the United States shall acquire title to the premises herein
described.
[1:45:1937] + [2:45:1937] + [3:45:1937]
Mineral County
S.N. Ammunition Depot (1935).
1. The State of Nevada, except as hereinafter reserved and
provided, hereby cedes jurisdiction to the United States upon and over
the land and within the premises of that certain area situated near
Hawthorne, Nevada, in Mineral County, commonly known as the U.S.N.
Ammunition Depot, comprising all of that certain area now occupied by the
Federal Government in connection with the plant, including all the
buildings and improvements thereon.
2. It is hereby reserved and provided by the State of Nevada that
any private property upon the lands or premises shall be subject to
taxation by the State, or any subdivision thereof having the right to
levy and collect such taxes, but any property upon or within such
premises which belongs to the Government of the United States shall be
free of taxation by the State, by the county of Mineral, or any of its
subdivisions.
3. The State of Nevada reserves the right to serve or cause to be
served, by any of its proper officers, any criminal or civil process upon
such land or within such premises for any cause there or elsewhere in the
State arising, where such cause comes properly under the jurisdiction of
the laws of this state or any subdivision thereof.
[1:144:1935] + [2:144:1935] + [3:144:1935]—(NRS A 1957, 9)
Nye County
The Board of County
Commissioners of Nye County, State of Nevada, acting as the Town Board of
the Town of Tonopah, an unincorporated town, in Nye County, State of
Nevada, through its proper officers, is hereby empowered, authorized and
directed to make, execute and deliver, upon such terms as may be agreed
upon, to the United States of America, for the purpose of erection
thereon of a post office and federal building and for other purposes, a
good and sufficient deed conveying to the United States of America in fee
simple absolute, subject to certain mining rights as reserved in such
land, the following-described real property, situate within the limits of
the Town of Tonopah, Nye County, State of Nevada: All of Lot 7 of Block D
of the Town of Tonopah, Nye County, State of Nevada, now being used as a
street and being a part of Bryan Avenue of the Town of Tonopah, Nye
County, State of Nevada, also a portion of St. Patrick Street, being
approximately 10 feet of St. Patrick Street of the Town of Tonopah, Nye
County, State of Nevada, and being that certain footage to a depth of
approximately 10 feet of St. Patrick Street, as adjoins and extends along
the westerly ends of Lots 5, 6, 7, and 5 feet of Lot 8, all in Block D of
the Town of Tonopah, Nye County, State of Nevada, as shown and delineated
upon the Walter C. Gayhart survey plat of the Town of Tonopah, Nye
County, State of Nevada, on file in the Office of the County Recorder of
Nye County, State of Nevada, and as shown and delineated upon the W. V.
Richardson survey map of the Town of Tonopah, Nye County, State of
Nevada, as approved by the Board of County Commissioners of Nye County,
State of Nevada, on July 2, 1907.
[1:51:1939]
1. The consent of the State of Nevada is hereby given, in
accordance with Clause 17 of Section 8 of Article I of the Constitution
of the United States, to the acquisition by the United States of the
following-described land in this state as the site for a post office and
federal building in the Town of Tonopah, Nye County, State of Nevada:
Beginning at a point on the westerly side of Main Street, Town of
Tonopah, Nye County, State of Nevada, the point being the southeast
corner of Block D, as shown and delineated on the Walter C. Gayhart
survey plat of the Town of Tonopah, Nye County, State of Nevada, on file
in the Office of the County Recorder of Nye County, State of Nevada, and
as shown and delineated on the W. V. Richardson survey map of the Town of
Tonopah, Nye County, State of Nevada, as approved by the Board of County
Commissioners July 2, 1907; thence north 48°11¢ west 120 feet to the
southeast corner of Lot No. 5 of Block D, which is the southeast corner
of the proposed site for the post office and federal building; thence
north 48°11¢ west 90 feet to the northeast corner of the proposed site
for the post office and federal building, the northeast corner being
located in Lot 8 of Block D; thence south 41°49¢ west 110 feet to the
northwest corner of the proposed site for the post office and federal
building; thence south 51°12¢ east 90 feet to the southwest corner of the
proposed site for the post office and federal building; thence north
41°49¢ east 106 feet to the southeast corner of the proposed site for the
post office and federal building, the place of beginning; being a tract
of land on the westerly side of Main Street of the Town of Tonopah, Nye
County, State of Nevada, with a frontage of approximately 90 feet on Main
Street, extending westwardly 110 feet to the easterly side of St. Patrick
Street of the Town of Tonopah, Nye County, State of Nevada; also being
described as Lots 5, 6, 7, and easterly 5 feet of Lot 8, in Block D, Town
of Tonopah, County of Nye, State of Nevada, and a portion, approximately
10 feet of St. Patrick Street of the Town of Tonopah, Nye County, State
of Nevada, and being that certain footage to a depth of approximately 10
feet of St. Patrick Street, as adjoins and extends along the westerly
ends of Lots 5, 6, 7, and 5 feet of Lot 8, all in Block D.
2. The exclusive jurisdiction in all the land described is hereby
ceded to the United States for all purposes except the service thereon of
all civil and criminal process of the courts of this state, but the
jurisdiction so ceded shall continue no longer than the United States
shall own such land; and so long as the land shall remain the property of
the United States, and no longer, the same shall be exempt and continue
exempt and exonerated from all state, county, and municipal assessment,
taxation or other charges which may be levied or imposed under the
authority of this state.
[1:52:1939] + [2:52:1939]
Carson City
1. After March 28, 1941, the State Board of Control of the State
of Nevada is hereby authorized and directed to make, execute and deliver,
without cost, to the United States of America, for cooperative fire
protection headquarters and nursery site in addition to administrative
purposes of the Forest Service, Department of Agriculture, a conveyance
of the following-described real property in Carson City, Nevada: That
portion of the N 1/2 of the SW 1/4 of the NW 1/4 of section 20, T. 15 N.,
R. 20 E., M.D.B. & M., lying west of the westerly state highway
right-of-way line, approximately 16 acres.
2. The conveyance of the real property shall be by deed in such
form as the Attorney General of the United States shall prescribe and
shall bear the Seal of the State of Nevada affixed by the Secretary of
State of the State of Nevada; provided:
(a) The conveyance shall contain the condition that in the event no
physical improvements, such as buildings or dwellings, shall have been
constructed upon such real property within 5 years after March 28, 1941,
or if the use of such real property for all such administrative purposes
as described in subsection 1 should be discontinued for a period of 5
years, the real property shall be deemed relinquished and by proper
conveyance shall be reconveyed by the United States of America to the
State of Nevada; and
(b) The conveyance shall contain no term or terms whereby will be
surrendered or cause to be surrendered any jurisdiction of this state
over the lands and people and property thereon situate that the State now
possesses over the public domain belonging to the United States within
this state.
[1:149:1941] + [2:149:1941]—(NRS A 1969, 331)
Pershing County
1. The consent of the State of Nevada is hereby given, in
accordance with Clause 17 of Section 8 of Article I of the Constitution
of the United States, to the acquisition by the United States of the
following-described land in this state as the site for a post office and
federal building at the City of Lovelock, Pershing County, State of
Nevada: Beginning at a point on the southerly side of Block 3 and the
northerly side of Main Street; such point being southeasterly 36 feet and
6 inches from the southwesterly corner of Block 3 as shown on the
official map of the City of Lovelock and identical with the southwesterly
corner of the tract of E. K. Hanson; thence northeasterly and at right
angles to the northerly side of Main Street 112 feet to a point identical
with the northeasterly corner of the tract of E. K. Hanson; thence
northwesterly and parallel to the northerly side of Main Street 36 feet
and 6 inches to a point on the easterly side of Dartmouth Avenue and
identical with the northwesterly corner of the tract of E. K. Hanson;
thence northeasterly along the easterly side of Dartmouth Avenue 68 feet
to a point; thence southeasterly and at right angles to the easterly side
of Dartmouth Avenue 105 feet to a point; thence southwesterly and
parallel to the easterly side of Dartmouth Avenue 180 feet to a point on
the northerly side of Main Street; thence northwesterly along the
northerly side of Main Street 68 feet and 6 inches to a point, the place
of beginning, such tract being a portion of Lots 3, 4, 5, and 6 as shown
on the official map of the City of Lovelock; and also a portion of the SW
1/4 SW 1/4 NW 1/4 of section 26, T. 27 N., R. 31 E., M.D.B. & M.,
beginning at the southwest corner of Block 3 as shown on the official map
of the City of Lovelock and at the northeast corner of the intersection
of Main Street and Dartmouth Avenue; and thence northeasterly 112 feet
along the easterly side of Dartmouth Avenue to a point; thence
southeasterly and at right angles to the easterly side of Dartmouth
Avenue 36 feet and 6 inches to a point; thence southwesterly and parallel
to the easterly side of Dartmouth Avenue 112 feet to a point on the
northerly side of Main Street; thence northwesterly along the northerly
side of Main Street 36 feet and 6 inches to a point, the place of
beginning; such tract being a portion of the southwesterly corner of Lot
4 and the westerly ends of Lots 5 and 6 as shown on the official map of
the City of Lovelock, and also a portion of the SW 1/4 SW 1/4 NW 1/4 of
section 26, T. 27 N., R. 31 E., M.D.B. & M.
2. The exclusive jurisdiction in and over the land described is
hereby ceded to the United States for all purposes, except the service
thereon of all civil and criminal process of the courts of this state,
but the jurisdiction so ceded shall continue no longer than the United
States shall own such lands; and so long as the lands shall remain the
property of the United States, and no longer, the same shall be and
continue exempt and exonerated from all state, county and municipal
assessment, taxation or other charges which may be levied or imposed
under the authority of this state.
[1:140:1937] + [2:140:1937]
Washoe County
The City Council of the City of Reno, Washoe
County, State of Nevada, through its proper officers, is hereby
empowered, authorized and directed to make, execute and deliver, without
charge, to the United States of America, for the purpose of the erection
thereon of a veterans’ hospital, and for other purposes, a good and
sufficient deed conveying to the United States of America in fee simple
absolute the following-described real property, situate within the City
of Reno, Washoe County, State of Nevada: All of Blocks 10 and 13 of
Burke’s Addition to the City of Reno according to the official map
thereof on file in the Office of the County Recorder of Washoe County,
Nevada, and all of Crampton Street lying between Blocks 10 and 13 and all
alleys in Blocks 10 and 13, the alleys and portion of Crampton Street
having been vacated by order of the City Council of the City of Reno on
July 13, 1936.
[1:2:1937]
The Board of County Commissioners of
Washoe County, Nevada, is hereby authorized and granted the power to
dispose, transfer and convey to the United States of America, with or
without compensation and upon such terms as the Board may determine, the
following-described lands situate in Washoe County, Nevada: Commencing at
the intersection of the north and south line on the east side of the NW
1/4 of SE 1/4 of section 12, T. 19 N., R. 19 E., M.D.B. & M., and the
south side of Second Street as extended through the east city limits of
Reno, Nevada; thence southerly along the east line of the NW 1/4 of SE
1/4 section 12, 726 feet; thence westerly paralleling Second Street 300
feet; thence northerly paralleling the east line of the NW 1/4 of SE 1/4,
section 12, 726 feet, to the south side of Second Street; thence easterly
along the south side of Second Street 300 feet to the place of
commencing, containing 5.00 acres, more or less, for and in consideration
of the agreement by the United States Government to construct a garage
and repair shop thereon to be used by the various governmental agencies
of the United States and to maintain the same; provided:
1. That the conveyance shall be conditioned that the land conveyed
shall be for a public use; and
2. That the State of Nevada reserves the right to tax persons and
corporations and their property situate on the lands pursuant to its tax
and revenue laws, and the State hereby retains its civil and criminal
jurisdiction over all persons within or who may come within any of the
lands except as to offenses against the United States, and all such
persons shall retain all their rights and privileges and perform their
duties as citizens and inhabitants of the State according to its law.
[1:45:1939]
White Pine County
1. The Board of County Commissioners of White Pine County, Nevada,
are hereby authorized and empowered to deed or otherwise convey to the
Federal Government, for such purposes and under such conditions as the
Board of County Commissioners may deem fit, with or without monetary
consideration therefor, the real property hereinafter described.
2. The real property referred to in subsection 1, and by the terms
of this section authorized to be by the Board of County Commissioners of
White Pine County, Nevada, deeded or otherwise transferred to the Federal
Government is described as follows: That certain lot and parcel of land
within the boundaries of Lehman Cave National Monument in partly surveyed
T. 13 N., R. 69 E., M.D.B. & M. (which was set aside and proclaimed
January 24, 1922), which lot and parcel of land is also within the
boundaries of Homestead Entry Survey No. 149, embracing 46.97 acres.
3. If the Board of County Commissioners of White Pine County,
Nevada, shall consider that benefits to accrue to White Pine County and
to the State of Nevada by disposing of such lands to the Federal
Government for other than monetary consideration may be justified by so
doing, the Board of County Commissioners is hereby authorized and
empowered to transfer the lands to the Federal Government for such other
consideration as to the Board may be deemed just.
[1:104:1931] + [2:104:1931] + [3:104:1931]
After March 27, 1935, the State Board of
Control of the State of Nevada is hereby authorized and directed to make,
execute and deliver to the United States of America, for the purpose of
being a national monument, a conveyance of the following-described real
property: That certain lot and parcel of land within the boundaries of
Lehman Cave National Monument in partly surveyed T. 13 N., R. 69 E.,
M.D.B. & M. (which was set aside and proclaimed January 24, 1922), which
lot and parcel of land is also within the boundaries of Homestead Entry
Survey No. 149, embracing 46.97 acres, and which lot and parcel of land
is further described as follows: Beginning at a point which is the
southwesterly corner of Homestead Entry Survey No. 149 and running along
the westerly boundary line of such homestead entry northwesterly for a
distance of 200 feet; running thence at a right angle in a northeasterly
direction and parallel to the southerly boundary line of such homestead
entry for a distance of 150 feet; running thence at a right angle
approximately in a southeasterly direction and parallel to the westerly
line of such homestead entry for a distance of 200 feet to an
intersection with the southerly line of such homestead entry; running
thence along the southerly boundary and in a southwesterly direction for
a distance of 150 feet to the point and place of beginning, all of which
lot and parcel of land if surveyed would be situate in the NE 1/4 of the
NW 1/4 of section 15, T. 13 N., R. 69 E., M.D.B. & M., and embraces 0.688
acre, more or less.
[1:107:1935]
1. The consent of the State of Nevada is hereby given, in
accordance with Clause 17 of Section 8 of Article I of the Constitution
of the United States, to the acquisition by the United States of the
following-described land in this state as a site for a federal building
at Ely: Lying and being in the City of Ely, County of White Pine, State
of Nevada; beginning at a point being the intersection of the westerly
line of Fifth Street with the southerly line of Clark Street; running
thence south 79°6¢ west 125 feet to a point in the south line of Clark
Street; thence south 10°54¢ east 100 feet to a point in the north line of
a 15-foot public alley; thence north 79°6¢ east 125 feet to a point in
the west line of Fifth Street; thence north 10°54¢ west 100 feet to the
point or place of beginning, being all of Lots 7, 8, 9, 10 and 11 of
Block “Y,” as shown and delineated upon the map or plat of the Townsite
of Ely, filed and recorded in the Office of the County Recorder of White
Pine County, Nevada.
2. The exclusive jurisdiction in and over the land described is
hereby ceded to the United States for all purposes, except the service
thereon of all civil and criminal process of the courts of this state,
but the jurisdiction so ceded shall continue no longer than the United
States shall own such lands; and so long as the lands shall remain the
property of the United States, and no longer, the same shall be and
continue exempt and exonerated from all state, county and municipal
assessment, taxation or other charges which may be levied or imposed
under the authority of this state.
[1:6:1937] + [2:6:1937]
1. The consent of the State of Nevada is hereby given, in
accordance with Clause 17 of Section 8 of Article I of the Constitution
of the United States, to the acquisition by the United States of the
following-described land in White Pine County, Nevada, desired to
facilitate the administration of the Nevada national forest affairs:
(a) In T. 14 N., R. 58 E., M.D.B. & M., the SW 1/4 of the SE 1/4 of
section 27, the SW 1/4 of the SE 1/4 of section 28, the N 1/2 of the NE
1/4 and the SE 1/4 of the NE 1/4 of section 34; and the NW 1/4 of the NE
1/4, the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of section 35.
(b) In T. 15 N., R. 58 E., M.D.B. & M., the SE 1/4 of the NE 1/4
and the NE 1/4 of the SE 1/4 of section 3, the NW 1/4 of the NE 1/4 of
section 10, the NE 1/4 of the NE 1/4 of section 11, the SW 1/4 of the NW
1/4 of section 12, the S 1/2 of the NE 1/4 and the E 1/2 of the SE 1/4 of
section 24, and the SE 1/4 of the NE 1/4 and the E 1/2 of the SE 1/4 of
section 36.
(c) In T. 16 N., R. 58 E., M.D.B. & M., the W 1/2 of the SE 1/4 and
the W 1/2 of the SW 1/4 of section 24, the NW 1/4 of the NW 1/4 and the S
1/2 of the SW 1/4 of section 25, and the SE 1/4 of the NE 1/4 and the NE
1/4 of the SE 1/4 of section 26.
(d) In T. 17 N., R. 58 E., M.D.B. & M., the NW 1/4 of the NE 1/4,
the S 1/2 of the NW 1/4 and the NE 1/4 of the NW 1/4 of section 34; and
the W 1/2 of the NE 1/4, the NE 1/4 of the NW 1/4 and the NW 1/4 of the
SE 1/4 of section 36.
(e) In T. 18 N., R. 58 E., M.D.B. & M., the E 1/2 of the SE 1/4 of
section 1, the NE 1/4 of the NE 1/4 of section 2, the SE 1/4 of the NE
1/4 of section 10, the E 1/2 of the SW 1/4 of section 11; the N 1/2 of
the N 1/2, the E 1/2 of the SE 1/4, the SW 1/4 of the NW 1/4 and the NW
1/4 of the SW 1/4 of section 12; the SE 1/4 of the NE 1/4 and the NE 1/4
of the SE 1/4 of section 15, the S 1/2 of the SW 1/4 of section 23, the
SW 1/4 of the SE 1/4 of section 24, the NW 1/4 of the NE 1/4 of section
25, the N 1/2 of the NW 1/4 and the NE 1/4 of the NE 1/4 of section 26,
the NE 1/4 of the NE 1/4 of section 35; and the N 1/2 of the SE 1/4, the
NW 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 36.
(f) In T. 13 N., R. 59 E., M.D.B. & M., the NE 1/4 of the NE 1/4,
the SW 1/4 of the NE 1/4 and the W 1/2 of the SW 1/4 of section 6; the NW
1/4 of the NW 1/4, the W 1/2 of the SW 1/4 and the SE 1/4 of the SE 1/4
of section 7; the SE 1/4 of the SE 1/4, the NW 1/4 of the SE 1/4, the NE
1/4 of the SW 1/4 and the SW 1/4 of the NW 1/4 of section 13; the SE 1/4
of the NE 1/4 and the NW 1/4 of the SE 1/4 of section 14, the NE 1/4 of
the SE 1/4 of section 15, the SW 1/4 of the NW 1/4 of section 17; the SE
1/4 of the NE 1/4, the NE 1/4 of the SE 1/4, the SW 1/4 of the NW 1/4 and
the NW 1/4 of the SW 1/4 of section 18; the NW 1/4 of the NE 1/4 of
section 20, the NW 1/4 of the SW 1/4 of section 21; the SW 1/4 of the NE
1/4, the N 1/2 of the SE 1/4 and the SW 1/4 of section 31; and the N 1/2
of the SW 1/4 and the SE 1/4 of the SW 1/4 of section 32.
(g) In T. 13 N., R. 60 E., M.D.B. & M., the NW 1/4 of the SW 1/4 of
section 6, the SW 1/4 of section 18; the NE 1/4 of the NW 1/4, the SW 1/4
of the NE 1/4 and the N 1/2 of the SE 1/4 of section 19; and the NW 1/4
of the SW 1/4 of section 20.
(h) In T. 14 N., R. 59 E., M.D.B. & M., the SW 1/4 of the SE 1/4 of
section 5, the NE 1/4 of the SE 1/4 of section 7, the W 1/2 of the SW 1/4
and the SW 1/4 of the NW 1/4 of section 8, the NW 1/4 of the NW 1/4 of
section 17, the NE 1/4 of the NE 1/4 of section 18, the E 1/2 of the SW
1/4 of section 28; the SW 1/4 of the SW 1/4, the NE 1/4 of the SW 1/4,
the N 1/2 of the SE 1/4, the E 1/2 of the NE 1/4 and the SW 1/4 of the NE
1/4 of section 32; the N 1/2 of the N 1/2 and the SW 1/4 of the NW 1/4 of
section 33, the N 1/2 of the NW 1/4, and the NW 1/4 of the NE 1/4 of
section 34, and the NE 1/4 of the NW 1/4 of section 36.
(i) In T. 12 N., R. 60 E., M.D.B. & M., the S 1/2 of the S 1/2 and
the N 1/2 of the SW 1/4 of section 5; and the S 1/2 of the NW 1/4, the SW
1/4 of the NE 1/4, the N 1/2 of the SE 1/4 and the SE 1/4 of the SE 1/4
of section 6.
2. The State of Nevada hereby reserves the right to tax persons
and corporations and their property situate on the described lands
pursuant to its tax and revenue laws; and the state hereby retains its
civil and criminal jurisdiction over all persons within or who may come
within any lands, except as to offenses against the United States, and
all such persons shall retain all their rights and privileges and perform
their duties as citizens and inhabitants of the state according to its
laws.
[1:178:1937] + [2:178:1937]
340 (1945).
1. After March 5, 1945, the State Board of Control of the State of
Nevada is hereby authorized and directed to make, execute and deliver to
the United States of America, for the purpose of being a national
monument, a conveyance of the following-described real property, being
that certain lot and parcel of land within the boundaries of Lehman Cave
National Monument in partly surveyed T. 13 N., R. 69 E., M.D.B. & M.
(which was set aside and proclaimed January 24, 1922), which lot and
parcel of land to be conveyed is a part of Homestead Entry Survey No.
149, embracing a portion of approximately sections 10 and 15 in T. 13 N.,
R. 69 E., M.D.B. & M., and which lot, piece or parcel of land is
particularly described as follows: Commencing at corner No. 2 of
Homestead Entry Survey No. 149 as described in the patent issued by the
United States of America of such homestead entry, and running thence
along side line of such homestead entry north 70°07¢ east, 214.5 feet,
thence north 32°44¢ west 21.41 feet to the place of beginning; thence
first course, north 32°44¢ west 150 feet; thence second course, north
51°31¢ east 200 feet; thence third course, south 32°44¢ east 150 feet;
thence fourth course, south 51°31¢ west 200 feet to the point of
beginning.
2. The deed is given to correct the description in that certain
deed heretofore made and executed and delivered by the parties of the
first part to the party of the second part pursuant to the provisions of
NRS 328.340 and which is of record in
the Office of the County Recorder of White Pine County, Nevada.
[1:33:1945]
1. The Board of County Commissioners of White Pine County, Nevada,
is hereby authorized to exchange with the United States Department of the
Interior those certain lands situate in White Pine County, Nevada, the
title of which is vested in White Pine County, described as follows: The
N 1/2 of the SW 1/4 of section 10, T. 12 N., R. 60 E., and the NE 1/4 of
the SE 1/4 of section 33, T. 11 N., R. 62 E., M.D.B. & M., situate in
White Pine County, State of Nevada, for those certain lands situate in
White Pine County, Nevada, now a part of the public domain, the title of
which is vested in the United States of America, which lands are
described as follows: The SW 1/4 of the SE 1/4, and the N 1/2 of the SE
1/4 of section 36, T. 17 N., R. 63 E., M.D.B. & M., situate in White Pine
County, State of Nevada.
2. For the purpose of making the exchange of lands referred to in
subsection 1, the Board of County Commissioners is authorized to do each
and every act as may be necessary and proper to effect such exchange as
required to be done under the provisions of section 8 of that certain act
known as the Taylor Grazing Act, approved March 28, 1934, and being 8
U.S.C.A. § 3159, including the execution and delivery to the United
States of America of a warranty deed to the county-owned lands described
in subsection 1.
[1:103:1945] + [2:103:1945]
EXCHANGES OF FEDERAL AND PRIVATE LANDS
1. As used in this section, “property” means unimproved real
property in this state owned by a Nevada resident.
2. The Division of State Lands of the State Department of
Conservation and Natural Resources shall:
(a) Maintain a current list of:
(1) Federal land in Nevada which an appropriate federal
agency indicates to the Division is available for exchange; and
(2) Nevada residents who indicate to the Division a desire
to exchange their property for such federal land.
(b) Assist a property owner in any manner and to the extent
appropriate to effectuate an exchange of his property for federal land
situated in Nevada where the property owner:
(1) Has filed an exchange proposal with the appropriate
federal agency; and
(2) Has submitted a copy of the exchange proposal to the
Division.
(Added to NRS by 1975, 1177)
DISPOSITION OF REVENUE RECEIVED BY STATE FROM LEASE OF FEDERAL LANDS
1. The State Treasurer shall deposit in the State Distributive
School Account in the State General Fund money received in each fiscal
year pursuant to 30 U.S.C. § 191 in an amount not to exceed $7,000,000.
2. Any amount received in a fiscal year by the State Treasurer
pursuant to 30 U.S.C. § 191 in excess of $7,000,000 must be deposited in
the Account for Revenue from the Lease of Federal Lands, which is hereby
created.
3. The interest and income earned on the money in the Account,
after deducting any applicable charges, must be credited to the Account.
(Added to NRS by 1985, 806; A 1987, 415; 1995, 2809)
The State Controller shall
apportion money in the Account for Revenue from the Lease of Federal
Lands as follows:
1. Twenty-five percent to the State Distributive School Account in
the State General Fund.
2. Seventy-five percent to the counties from which the fuels,
minerals and geothermal resources are extracted. Of the amount received
by each county, one-fourth must be distributed to the school district in
that county.
(Added to NRS by 1985, 806; A 1987, 416; 1995, 643, 2809)
1. The State Controller shall ascertain from the reports received
by the State Treasurer the portion of money in the Account for Revenue
from the Lease of Federal Lands attributable to activities in each county
and apportion the money payable to counties accordingly.
2. All money received:
(a) By the County Treasurer pursuant to this section must be
deposited in the general fund of the county or the county school district
fund, as the case may be; and
(b) By a county or school district must be used for:
(1) Construction and maintenance of roads and other public
facilities;
(2) Public services; and
(3) Planning.
(Added to NRS by 1985, 806)
MISCELLANEOUS PROVISIONS
1. The Legislature finds that more than 87 percent of the land in
the State of Nevada is held by the Federal Government, of which 69
percent is public land, and the actions of federal agencies and
instrumentalities involving the public lands and waters appurtenant to
and public roads over those lands significantly affect the health,
safety, welfare and happiness of the citizens of this State and may
interfere with the traditional sovereign functions of the State of Nevada
with respect to those lands, waters and roads and their uses.
2. Except as otherwise provided in subsection 3, the Attorney
General may:
(a) On his own initiative or at the request of the Governor or any
state agency, bring and maintain any action; or
(b) Intervene on behalf of or bring and maintain an action on the
relation of, any person in any meritorious case,
Ê in any court or before any federal agency if any action or proposed
action by a federal agency or instrumentality with respect to the public
lands or waters appurtenant to or public roads over those lands impairs
or tends to impair the sovereignty of the State of Nevada.
3. The Attorney General may bring an action pursuant to this
section if:
(a) The Legislature has appropriated sufficient money for the
operation of his office to permit him to bring and maintain the action
until its conclusion; or
(b) He has obtained the permission:
(1) From the Legislature, if it is in session, expressed by
a concurrent resolution; or
(2) If the Legislature is not in session, from the Interim
Finance Committee.
4. As used in this section, “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 1981, 663; A 1993, 389)
1. The State Land Registrar shall:
(a) Create and maintain a Registry of all Lands and Interests in
Land in Nevada, other than the unreserved, unappropriated public lands,
owned or held in trust by an agency or instrumentality of the Federal
Government.
(b) With the advice and assistance of the Attorney General and the
district attorneys, determine and state in the Registry the nature and
extent of the Federal Government’s jurisdiction over each tract of land
or interest in land entered in the Registry.
2. The Department of Taxation, with the cooperation of the State
Land Registrar, shall advise the county assessors of:
(a) Those lands and interests in land in the Registry which may be
taxed and the taxable activities conducted on them; and
(b) Any changes in the taxable status of those lands and interests
when the changes come to their knowledge.
(Added to NRS by 1981, 920)
