USA Statutes : nevada
Title : Title 35 - HIGHWAYS; ROADS; BRIDGES; PARKS
Chapter : CHAPTER 407 - STATE PARKS AND MONUMENTS
As used in this chapter, unless the
context requires otherwise:
1. “Administrator” means the Administrator of the Division.
2. “Department” means the State Department of Conservation and
Natural Resources.
3. “Director” means the Director of the Department.
4. “Division” means the Division of State Parks of the Department.
(Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128;
1993, 1598)
It is the
intention of the Legislature that the Division shall acquire, protect,
develop and interpret a well-balanced system of areas of outstanding
scenic, recreational, scientific and historical importance for the
inspiration, use and enjoyment of the people of the State of Nevada and
that such areas shall be held in trust as irreplaceable portions of
Nevada’s natural and historical heritage.
(Added to NRS by 1961, 177; A 1977, 1128)
There is hereby created the Division of
State Parks in the State Department of Conservation and Natural Resources.
(Added to NRS by 1961, 177; A 1963, 829; 1977, 1128)
The position of Administrator of the Division of State Parks is hereby
created. The Administrator is in the unclassified service of the State.
(Added to NRS by 1961, 178; A 1963, 830; 1965, 704; 1977, 1129)
The Administrator
shall have demonstrated executive ability and be experienced in parks
activities and programs.
(Added to NRS by 1961, 178; A 1963, 830; 1977, 1129)
1. The salary of the Administrator may be apportioned and paid
from any money available to the Division, unless otherwise provided by
law.
2. Except as otherwise provided in NRS 284.143 , the Administrator shall devote his entire
time and attention to the business of his office and shall not pursue any
other business or occupation or hold any other office of profit.
(Added to NRS by 1961, 178; A 1963, 830; 1965, 704; 1967, 1496;
1971, 1434; 1977, 1129; 1981, 1279; 1985, 420; 1995, 2314)
1. As the executive head of the Division, the Administrator,
subject to administrative supervision by the Director, shall direct and
supervise all administrative, fiscal, budget and technical activities of
the Division, and all programs administered by the Division as provided
by law.
2. The Administrator may organize the Division into various
sections and, from time to time, alter such organization and reassign
responsibilities and duties as he may deem appropriate.
3. The Administrator shall:
(a) Coordinate the activities of the various sections of the
Division.
(b) Report to the Director upon all matters pertaining to the
administration of his office.
(c) Submit a biennial report to the Director on the work of the
Division, with recommendations that he may deem necessary.
(d) Appoint such technical, clerical and operational staff as the
execution of his duties and the operation of the Division may require.
(Added to NRS by 1961, 178; A 1963, 830; 1973, 978; 1977, 1130;
1985, 420)
1. The Administrator shall adopt such regulations as he finds
necessary for carrying out the provisions of this chapter and other
provisions of law governing the operation of the Division. The
regulations may include prohibitions and restrictions relating to
activities within any of the park or recreational facilities within the
jurisdiction of the Division.
2. Any regulations relating to the conduct of persons within the
park or recreational facilities must:
(a) Be directed toward one or both of the following:
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the
people of this state through the preservation and use of the facility.
(b) Apply separately to each park, monument or recreational area
and be designed to fit the conditions existing at that park, monument or
recreational area.
3. Any person whose conduct violates any regulation adopted
pursuant to subsection 1, and who refuses to comply with the regulation
upon request by any ranger or employee of the Division who has the powers
of a peace officer pursuant to NRS 289.260 , is guilty of a misdemeanor.
(Added to NRS by 1973, 978; A 1975, 801; 1977, 1130; 1985, 368;
1993, 2532)
1. The Administrator may designate an employee or employees of the
Division to act as his deputy or deputies. In case of the absence of the
Administrator, or his inability from any cause to discharge the powers
and duties of his office, such powers and duties devolve upon his deputy
or deputies.
2. Deputies shall receive annual salaries in the amounts
determined pursuant to statute.
3. Except as otherwise provided in NRS 284.143 , each deputy shall devote his entire time and
attention to the business of his office and shall not pursue any other
business or occupation or hold any other office of profit.
(Added to NRS by 1961, 179; A 1963, 831; 1967, 1496; 1971, 1434;
1977, 1131; 1995, 2314)
1. The Division shall maintain its headquarters office at Carson
City, Nevada.
2. The Division may maintain such district or branch offices
throughout the State as the Administrator may deem necessary to the
efficient operation of the Division and the various sections thereof. The
Administrator may, subject to the approval of the Director, enter into
such leases or other agreements as may be necessary to the establishment
of such district or branch offices. Such leases or agreements must be
executed in cooperation with the Buildings and Grounds Division of the
Department of Administration and in accordance with the provisions of NRS
331.110 .
(Added to NRS by 1961, 179; A 1963, 1290; 1973, 1474; 1977, 1131;
1993, 1598)
1. The Administrator may acquire for the Division, subject to the
approval of the Director and with the concurrence of the Interim Finance
Committee, and within the limits of legislative appropriation where money
is required, real or personal property by lease or purchase. The right of
eminent domain as provided by chapter 37 of
NRS may be exercised by the Division. The Interim Finance Committee may
clarify the legislative intent of an appropriation at the request of the
Director, any member of the advisory board on natural resources or the
Administrator.
2. Before approving the acquisition of real property to expand the
area of land that surrounds a state park and in which development is to
be restricted, the Interim Finance Committee shall consult the governing
body of the county, city or town in which the land to be acquired is
located.
(Added to NRS by 1961, 179; A 1969, 1172; 1973, 995; 1977, 1131;
1979, 619; 1985, 805; 1993, 1598)
1. The Administrator, subject to the approval of the Director:
(a) Except as otherwise provided in this paragraph, may establish,
name, plan, operate, control, protect, develop and maintain state parks,
monuments and recreational areas for the use of the general public. The
name of an existing state park, monument or recreational area may not be
changed unless the Legislature approves the change by statute.
(b) Shall protect state parks and property controlled or
administered by the Division from misuse or damage and preserve the peace
within those areas. The Administrator may appoint or designate certain
employees of the Division to have the general authority of peace officers.
(c) May allow multiple use of state parks and real property
controlled or administered by the Division for any lawful purpose,
including, but not limited to, grazing, mining, development of natural
resources, hunting and fishing, in accordance with such regulations as
may be adopted in furtherance of the purposes of the Division.
(d) Shall impose and collect reasonable fees for entering, camping
and boating in state parks and recreational areas. The Division shall
issue, upon application therefor and proof of residency and age, an
annual permit for entering, camping and boating in all state parks and
recreational areas in this State to any person who is 65 years of age or
older and has resided in this State for at least 5 years immediately
preceding the date on which the application is submitted. The permit must
be issued without charge, except that the Division shall charge and
collect an administrative fee for the issuance of the permit in an amount
sufficient to cover the costs of issuing the permit.
(e) May conduct and operate such special services as may be
necessary for the comfort and convenience of the general public, and
impose and collect reasonable fees for such special services.
(f) May rent or lease concessions located within the boundaries of
state parks or of real property controlled or administered by the
Division to public or private corporations, to groups of natural persons,
or to natural persons for a valuable consideration upon such terms and
conditions as the Division deems fit and proper, but no concessionaire
may dominate any state park operation.
(g) May establish such capital projects construction funds as are
necessary to account for the parks improvements program approved by the
Legislature. The money in these funds must be used for the construction
and improvement of those parks which are under the supervision of the
Administrator.
2. The Administrator:
(a) Shall issue an annual permit to a person who pays a reasonable
fee as prescribed by regulation which authorizes the holder of the permit
to enter each state park and each recreational area in this State and,
except as otherwise provided in subsection 3, use the facilities of the
state park or recreational area without paying the entrance fee; and
(b) May issue an annual permit to a person who pays a reasonable
fee as prescribed by regulation which authorizes the holder of the permit
to enter a specific state park or specific recreational area in this
State and, except as otherwise provided in subsection 3, use the
facilities of the state park or recreational area without paying the
entrance fee.
3. An annual permit issued pursuant to subsection 2 does not
authorize the holder of the permit to engage in camping or boating, or to
attend special events. The holder of such a permit who wishes to engage
in camping or boating, or to attend special events, must pay any fee
established for the respective activity.
4. Except as otherwise provided in subsection 1 of NRS 407.0762
and subsection 1 of NRS 407.0765
, the fees collected pursuant to
paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be
deposited in the State General Fund.
(Added to NRS by 1961, 180; A 1963, 831; 1971, 2078; 1973, 247;
1977, 794, 1131; 1979, 108; 1985, 287; 1993, 217, 1029, 2532; 1999, 977
; 2003, 1216 , 3221 )
In the administration of various programs by the
Division as provided by law, the Administrator, subject to the approval
of the Director, may cooperate, financially or otherwise, and execute
contracts or agreements with the Federal Government or any federal
department or agency, any other state department or agency, any county,
city, public district or political subdivision of this State, any public
or private corporation, any natural person, or any group of natural
persons, but such cooperation shall not of itself relieve any such
cooperator of any responsibility or liability existing under any
provision of law.
(Added to NRS by 1961, 180; A 1977, 1132; 1979, 619)
1. As used in this section:
(a) “Controlling subdivision” means any political subdivision of
this State, including irrigation, water conservancy and other districts,
which owns or controls a site suited to a public park.
(b) “Other state agency” means any other agency of this State which
owns or controls a site suited to a public park or is engaged in park and
recreation development.
(c) “Park” includes any recreational facility.
(d) “Using subdivision” means any political subdivision of this
State which is authorized to establish and maintain public parks.
2. The Administrator, subject to the approval of the Director, may
enter into cooperative agreements for the operation of parks, not a part
of the Division but which are of state park caliber, with any other state
agency, controlling subdivision or using subdivision, for the primary
purpose of establishing or maintaining a park where:
(a) A controlling subdivision is not authorized to establish or
maintain parks; or
(b) A using subdivision would be subjected to an unfair financial
burden through extensive use of the park by nonresidents of the using
subdivision.
3. Such an agreement must include:
(a) The Division;
(b) The using subdivision in which the site is located; and
(c) The controlling subdivision or other state agency.
Ê The agreement may include any other using subdivision whose residents
may be expected to make substantial use of the park.
4. The Division shall apportion the cost of operation, or the
combined state and local shares of the cost if federal funds are also
received, as follows:
(a) As between the State and the using subdivision or subdivisions,
on the basis of the number of persons residing outside the using
subdivisions, as against the number of residents of such subdivisions,
who are estimated or anticipated by the Division to use the park.
(b) As between two or more using subdivisions, on the basis of the
number of residents of each so estimated or anticipated to use the park.
5. In addition to the cooperative agreements authorized pursuant
to subsection 2, the Administrator, subject to the approval of the
Director, may enter into a cooperative agreement with a using subdivision
for the purpose of establishing and maintaining a park that:
(a) Is under the jurisdiction of the Division; and
(b) Will be used primarily by residents of the using subdivision.
(Added to NRS by 1965, 1410; A 1977, 1132; 2003, 1688 , 3222 )
In
the utilization of the money received pursuant to the provisions of NRS
365.535 , the Administrator, subject to
the approval of the Director, may execute agreements with federal and
state agencies, counties and special districts for the development,
improvement, operation and maintenance of boating facilities and other
outdoor recreational facilities located in any state park that includes a
body of water used for recreational purposes.
(Added to NRS by 1965, 1070; A 1977, 1133; 1983, 448; 2001, 1075
)
1. The Division may exhibit and display property, objects,
articles, things and commodities at exhibits, fairs, expositions and
places of public or private exhibition.
2. The Administrator, subject to the approval of the Director, may
negotiate, consult with and agree with institutions, departments,
officers, persons and corporations of and in the State of Nevada and
elsewhere concerning quarters for and the preservation, care,
transportation, storing, custody, display and exhibition of property,
objects, articles, things and commodities, and concerning the terms and
cost thereof, the manner, time, place and extent thereof, and the return
thereof.
3. The Division shall have sole responsibility for and
jurisdiction of any museum or exhibit maintained on state park property.
(Added to NRS by 1961, 180; A 1965, 69; 1977, 1133)
1. The State Park Grant and Gift Fund is hereby created as a
special revenue fund for the use of the Division.
2. All grants and gifts of money which the Division is authorized
to accept must be deposited with the State Treasurer for credit to the
State Park Grant and Gift Fund.
3. Expenditures from the State Park Grant and Gift Fund must be
made only for the purpose of carrying out the provisions of this chapter
and other programs or laws administered by the Division.
(Added to NRS by 1961, 181; A 1973, 248; 1977, 1133; 1979, 109,
620; 2001, 2753 )
1. The Account for Maintenance of State Parks within the Division
of State Parks is hereby created in the State General Fund. Except as
otherwise provided in NRS 407.0765 ,
any amount of fees collected pursuant to paragraphs (d), (e) and (f) of
subsection 1 or subsection 2 of NRS 407.065 in a calendar year, which is in excess of the
amounts authorized for expenditure from that revenue source in the
Division’s budget for the fiscal year beginning in that calendar year,
must be deposited in the Account. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be
credited to the Account.
2. The money in the Account does not lapse to the State General
Fund at the end of any fiscal year.
3. The money deposited in the Account pursuant to subsection 1
must only be used to repair and maintain state parks, monuments and
recreational areas.
4. Before the Administrator may expend money pursuant to
subsection 3:
(a) For emergency repairs and projects with a cost of less than
$25,000, he must first receive the approval of the Director.
(b) For projects with a cost of $25,000 or more, other than
emergency repairs, he must first receive the approval of the Director and
of the Interim Finance Committee.
(Added to NRS by 1993, 217; A 1993, 1029; 1995, 184; 1999, 805
, 978 ; 2003, 1217 , 3223 )
1. The Account for Maintenance of State Park Facilities and
Grounds is hereby created in the State General Fund. The interest and
income earned on the money in the Account, after deducting any applicable
charges, must be credited to the Account. The money in the Account does
not lapse to the State General Fund at the end of any fiscal year.
2. The Administrator may expend the interest and income earned on
the money in the Account to repair and maintain state park facilities and
grounds. The Administrator may expend the interest and income in the
Account or allow it to accrue until a sufficient amount is available for
repair and maintenance projects. The Administrator shall not expend the
principal of the Account.
(Added to NRS by 2005, 583 )
1. The Administrator, with the approval of the Director, may
collect at each state park a fee for the repair, operation and
maintenance of sewer, water and electrical systems within the park. Any
fees collected pursuant to this section must be deposited in the Account
for Maintenance of State Parks within the Division of State Parks created
in NRS 407.0762 .
2. The money deposited in the Account pursuant to this section
must be accounted for separately for each park and must only be used for
the repair, operation and maintenance of the sewer, water and electrical
systems in the park in which the money was collected.
3. The Administrator, subject to the approval of the Director, may
expend money pursuant to subsection 2.
(Added to NRS by 1993, 1028; A 1995, 184)
1. Money to carry out the provisions of this chapter and to
support the Division, its various sections, and programs administered by
the Division, may be provided by direct legislative appropriation from
the General Fund.
2. All money in any fund in the State Treasury available to the
Division shall be paid out on claims approved by the Administrator as
other claims against the State are paid.
(Added to NRS by 1961, 181; A 1963, 831; 1977, 1134)
Whenever properly
approved claims payable out of the State Park Grant and Gift Fund or any
other fund or account used by the Division for a project of capital
construction exceed the amount which is available in such fund or
account, and the project is financed in part by money to be made
available to the Division by the United States or any of its agencies or
instrumentalities, the State Controller may transfer temporarily from the
State General Fund to such fund or account an amount required to pay
those claims but not more than the amount collectible from the United
States for the particular project.
(Added to NRS by 1979, 194)
STATE PARKS
1. Sections 30 and 31, T. 1 S., R. 68 E., and the N 1/2 of section
6, T. 2 S., R. 68 E., M.D.B. & M., containing 1,578.66 acres, more or
less, are hereby reserved from sale and are set apart for all time for
state park and recreational purposes, and shall be known as Cathedral
Gorge State Park.
2. The land described in subsection 1 was patented to the State of
Nevada by the United States of America under Patent No. 1,052,084, issued
November 30, 1931.
[1:85:1935; 1931 NCL § 5584.01]
1. The NE 1/4 of the NE 1/4 of section 19, T. 4 S., R. 67 E.,
M.D.B. & M., containing 40 acres, more or less, having been received by
gift, duly deeded to the State of Nevada by James Ryan and his wife,
Martha Ann Ryan, of Caliente, Lincoln County, Nevada, with the
stipulation that it be used only for park purposes, is hereby reserved
from sale and is set aside for all time for state park and recreational
purposes, and shall be known as Kershaw Canyon-Ryan State Park.
2. The E 1/2 of the NW 1/4, the W 1/2 and the SE 1/4 of the NE 1/4
of section 19, T. 4 S., R. 67 E., M.D.B. & M., containing 200 acres, more
or less, is also included in the Kershaw Canyon-Ryan State Park when such
land is acquired by exchange of lands between the State of Nevada under
the Act of Congress approved June 8, 1926.
3. The Surveyor General of the State of Nevada is directed to
enter into negotiations with the United States of America so as to
provide for the exchange of lands referred to in subsection 2.
[2:85:1935; 1931 NCL § 5584.02] + [Part 7:85:1935; 1931 NCL §
5584.07]
1. The SW 1/4 of the SW 1/4 of section 16; the E 1/2 of section
17; the N 1/2 and the SE 1/4 of the NW 1/4, the NE 1/4 of the SW 1/4, the
SW 1/4 of the NE 1/4, the W 1/2 of the SE 1/4 and lots 2 and 3 of section
21; all in T. 5 S., R. 71 E., M.D.B. & M., containing 718.62 acres, more
or less, shall be known as Beaver Dam State Park, and shall be reserved
from sale and set aside for all time for state park and recreational
purposes, when such land is acquired by exchange of lands between the
State of Nevada under the Act of Congress approved June 8, 1926.
2. The Surveyor General of the State of Nevada is directed to
enter into negotiations with the United States of America so as to
provide for the exchange of lands referred to in subsection 1.
[3:85:1935; 1931 NCL § 5584.03] + [Part 7:85:1935; 1931 NCL §
5584.07]
1. The N 1/2 of section 25, the W 1/2 of the NW 1/4 and the NW 1/4
of the SW 1/4 of section 26, T. 16 S., R. 66 E., M.D.B. & M.; all of
sections 1, 12, 13, the E 1/2 of section 14, the SE 1/4 of section 22,
all of section 23, all of section 24, the N 1/2 of section 26, the NE 1/4
of section 27, T. 17 S., R. 66 E., M.D.B. & M.; the S 1/2 of section 13,
all of sections 19, 20, 21, 22, 23, the N 1/2 of section 24, and the N
1/2 of section 27, T. 17 S., R. 67 E., M.D.B. & M., containing 8,752.47
acres, more or less, are hereby reserved from sale and are set apart for
all time for state park and recreational purposes, and shall be known as
Boulder Dam-Valley of Fire State Park.
2. The land described in subsection 1 was patented to the State of
Nevada by the United States of America under Patent No. 1,052,084, issued
November 30, 1931.
[4:85:1935; 1931 NCL § 5584.04]—(NRS A 1957, 191)
STATE MONUMENTS, LANDMARKS AND RECREATIONAL AREAS
Upon the recommendation of the Administrator and the
Director, the Governor may, by proclamation, designate any site, place or
building located on any publicly owned land, or any land in the state
held by the Division under lease or permit, as a state park, state
monument or recreational area.
[1:293:1955]—(NRS A 1957, 568; 1963, 832; 1977, 1134, 1361; 1979,
272)
The Division shall administer, protect and develop
any state monument, historic landmark, historic building, historic site,
archeological area or recreational area designated as provided in NRS
407.120 or listed in the State Register
of Historic Places which is situated on land administered by the
Division, and any money appropriated to the Division, or derived by it
from any source whatever, may be expended by it for the care, protection,
supervision, improvement or development of any such state monument,
historic landmark, historic building, historic site, archeological area
or recreational area.
[2:293:1955]—(NRS A 1963, 832; 1977, 1134; 1979, 272)
The Genoa
fort and stockade and the land upon which it is located, in Douglas
County, Nevada, is designated as Mormon Station Historical State Monument
and is placed under the jurisdiction of the Division as a state park,
when it is determined by the Administrator that title to the land
occupied by the Genoa fort and stockade is in the State of Nevada.
[4:157:1947]—(NRS A 1957, 568; 1963, 832; 1977, 1134)
Fort
Churchill and the land upon which it is located in Lyon County, Nevada,
is designated as Fort Churchill Historical State Monument and is placed
under the jurisdiction of the Division as a state park.
[1:137:1931; A 1933, 115]—(NRS A 1961, 151; 1963, 832; 1977, 1134)
Washoe Lake is hereby designated a state recreational area.
(Added to NRS by 1985, 1453)
ICHTHYOSAUR PARK
NRS 407.160 , 407.170 and
407.200 may be cited as the Ichthyosaur
Park Act.
[1:398:1955]
The Division shall protect and maintain the ichthyosaur
discovery site located in Berlin Canyon, Shoshone Range, Nye County,
Nevada.
[Part 2:398:1955]—(NRS A 1957, 568; 1963, 832; 1977, 1135)
1. The Division may take such action as is necessary to carry NRS
407.160 , 407.170 and 407.200
into effect. The Administrator may, with the advice, assistance and
cooperation of the Attorney General, determine title to the land occupied
by the ichthyosaur discovery site, and take any action which is necessary
for the preservation of the ichthyosaur site, and the permanent
protection of the site and the objects on the site for the benefit of the
people of the State of Nevada.
2. The Division may receive and expend money from the State of
Nevada and receive and expend money from any other public or private
institution or person in order to carry out its purposes.
3. The Division may employ a park custodian to supervise the care
and protection of the ichthyosaur discovery site and employ such other
employees and consultants as, in the judgment of the Administrator, may
be necessary to carry out the purposes of NRS 407.160 , 407.170 and
407.200 .
4. The Administrator may, subject to the approval of the Director,
appoint an advisory board consisting of recognized paleontologists from
within or without the State of Nevada to assist him in carrying out his
functions and purposes.
5. When title to the land occupied by the ichthyosaur discovery
site is determined to be in the State of Nevada, or is obtained in the
name of the State of Nevada, the Administrator shall cause a description
of such site to be recorded with the county recorder of Nye County,
Nevada, and upon such recordation the land so described shall be, by
proclamation of the Governor, set apart for all time as an historical
monument and state park under the jurisdiction of the Division.
[3:398:1955]—(NRS A 1957, 568; 1963, 832; 1977, 1135)
OUTDOOR RECREATION
1. The Division shall prepare and maintain a comprehensive
statewide outdoor recreation plan. The plan shall contain:
(a) An evaluation of the demand for and supply of outdoor
recreation resources and facilities in the State;
(b) A program for the implementation of the plan; and
(c) Other necessary information, as may be determined by the
Administrator.
2. The plan shall:
(a) Take into account relevant federal resources and programs; and
(b) Be correlated so far as practicable with other state, regional
and local plans.
3. The Administrator, subject to the approval of the Director, may
represent and act for the State in dealing with the Federal Government or
any of its agencies, instrumentalities or officers for the purposes of
receiving financial assistance for planning, acquisition or development
of outdoor recreation projects pursuant to the provisions of federal law.
When an outdoor recreation project is combined with an historic
preservation project the Director or his designee is responsible for
representing and acting for the State in dealing with the Federal
Government.
4. The Administrator, subject to the approval of the Director, may
accept, administer and disburse to other state agencies and political
subdivisions money paid by the Federal Government to the State of Nevada
as financial assistance for planning, acquisition or development of
outdoor recreation projects, and the Administrator shall, on behalf of
the State, keep such records as the Federal Government prescribes, and as
will facilitate an effective audit, including records which fully
disclose:
(a) The amount and the disposition by the State of the proceeds of
such assistance;
(b) The total cost of the project or undertaking in connection with
such assistance as given or used; and
(c) The amount and nature of that portion of the cost of the
project or undertaking supplied by other sources.
5. Authorized representatives of the Federal Government shall have
access for the purpose of audit and examination to any books, documents,
papers and records of the State that are pertinent to financial
assistance received by the State pursuant to federal law for planning,
acquisition or development of outdoor recreation projects.
(Added to NRS by 1964, 26; A 1965, 103; 1971, 124; 1977, 1135, 1361)
The
Administrator, subject to the approval of the Director, may apply to any
appropriate agency or officer of the United States for participation in
or the receipt of aid from any federal program respecting outdoor
recreation. In connection with obtaining the benefits of any such
program, the Division shall coordinate its activities with and represent
the interest of all other agencies and political subdivisions of the
State having interests in the planning, development and maintenance of
outdoor recreation resources and facilities.
(Added to NRS by 1965, 102; A 1971, 125; 1977, 1136, 1362)
1. The Administrator, subject to the approval of the Director, may
charge and collect from each grant recipient a fee for administering the
federal grants provided to the State of Nevada and its political
subdivisions for the planning, acquisition or development of outdoor
recreational projects pursuant to the Land and Water Conservation Fund
established by 16 U.S.C. § 460l-5 to the extent that such a fee does not
violate the terms of such a federal grant.
2. If a fee is charged pursuant to subsection 1:
(a) The fee must be charged only once annually.
(b) The total of all fees collected annually pursuant to subsection
1 must not exceed an amount equal to the annual salary of a half-time
position the duty of which is to administer the federal grants.
3. Notwithstanding any other specific provision to the contrary,
if a fee is charged to the Division pursuant to subsection 1, the fee may
be paid from money received by the Division for the planning, acquisition
or development of outdoor recreational projects regardless of the source
of the money to the extent that such payment of the fee does not violate
the terms of any federal grant awarded to the State of Nevada.
(Added to NRS by 2003, 3220 )
1. Any money the Administrator receives pursuant to NRS 407.2072
:
(a) Must be deposited in the State Treasury and accounted for
separately in the State General Fund;
(b) Does not revert to the State General Fund at the end of any
fiscal year; and
(c) May be used by the Administrator only to pay the costs of
administering the federal grants provided for the planning, acquisition
or development of outdoor recreational projects pursuant to the Land and
Water Conservation Fund established by 16 U.S.C. § 460l-5. The costs of
administering those federal grants include, without limitation, costs for
the salary, travel expenses and per diem allowances of the person whose
duty is to administer the federal grants.
2. Any interest or income earned on the money in the account,
after deducting applicable charges, must be credited to the account. Any
claims against the account must be paid in the manner that other claims
against the State are paid.
(Added to NRS by 2003, 3221 )
The Administrator, subject to the
approval of the Director, shall make no commitment, nor shall he enter
into any agreement pursuant to NRS 407.205 to 407.209 ,
inclusive, until he has determined that sufficient funds are available to
the Division for meeting the State’s share, if any, of project costs. It
is the legislative intent that, to such extent as may be necessary to
assure the proper operation and maintenance of areas and facilities
acquired or developed pursuant to any program participated in by this
state under NRS 407.205 to 407.209
, inclusive, such areas and facilities
must be publicly maintained for outdoor recreation purposes. The
Administrator, subject to the approval of the Director, may enter into
and administer agreements with the United States or any appropriate
agency thereof for planning, acquisition and development projects
involving participating federal aid funds on behalf of any political
subdivision or subdivisions of this state if such subdivision or
subdivisions give necessary assurances to the Division that they have
available sufficient funds to meet their shares, if any, of the cost of
the project and that the acquired or developed areas will be operated and
maintained at the expense of such subdivision or subdivisions for public
outdoor recreation use.
(Added to NRS by 1965, 102; A 1971, 125; 1977, 1136, 1362; 2003,
3223 )
UNLAWFUL ACTS AND PENALTIES
1. The cutting or removal of any timber or other forest growth,
the destruction thereof by fire or other means, except where such cutting
or removal is authorized by proper authority for the proper
administration or protection of any park or park lands, is hereby
prohibited within any of the park or recreational areas within the
jurisdiction of the Division.
2. The destruction or removal of any buildings, parts of
buildings, other structures, tables, stoves or any appurtenances thereto,
as well as any historical relics, natural specimens such as petrified
trees, petroglyphs and other relics or material within the jurisdiction
of the Division is hereby prohibited.
3. Any person who violates any of the provisions of this section
is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the property
damaged, destroyed, removed, burned or cut and in no event less than a
misdemeanor.
[6:85:1935; 1931 NCL § 5584.06] + [8:85:1935; 1931 NCL § 5584.08] +
[7:86:1935; 1931 NCL § 5585.07] + [8:86:1935; 1931 NCL § 5585.08]—(NRS A
1960, 333; 1963, 833; 1967, 573; 1977, 1137)
