[Rev. 11/21/2013 10:52:03 AM--2013]

CHAPTER 328 - FEDERAL LANDS

CESSION OF STATE JURISDICTION

NRS 328.065           Application to State for cession of jurisdiction, appropriation of water or consent to use public land or close public road.

NRS 328.075           Procedure; limits of federal jurisdiction.

NRS 328.085           Reservations and conditions.

NRS 328.100           Resolution ceding state jurisdiction: Contents; delivery; recordation.

NRS 328.110           Conditions for recording conveyances where United States is grantee; protection of subsequent purchaser.

NRS 328.120           State Engineer to give technical and engineering advice on water rights, reclamation, control of floods and protection of watersheds.

NRS 328.135           Offer or agreement for cession of state jurisdiction before June 2, 1981: Construction; effect of noncompliance with federal or state laws.

STATE CONSENT TO ACQUISITION OF LAND FOR FEDERAL PURPOSES

NRS 328.195           Conditions for state consent to federal acquisition of land for wildlife refuge.

SPECIFIC CONSENTS TO ACQUISITION OF LANDS BY UNITED STATES; JURISDICTION OVER CERTAIN LANDS CEDED TO UNITED STATES

Clark County

NRS 328.210           Sale of real property authorized for site of Hoover Dam reservoir (1933).

NRS 328.220           Sale of real property authorized (1941).

 

Douglas County

NRS 328.240           Jurisdiction ceded over land for use of Indian School (1897).

 

Lyon County

NRS 328.250           Consent to acquisition of site for federal building in Yerington (1937).

 

Mineral County

NRS 328.260           Jurisdiction ceded over U.S.N. Ammunition Depot (1935).

 

Nye County

NRS 328.270           Conveyance authorized to United States for site for post office and federal building in Tonopah (1939).

NRS 328.280           Consent to acquisition of site for post office and federal building in Tonopah (1939).

 

Carson City

NRS 328.290           Land for cooperative fire protection headquarters and nursery site to be conveyed to United States (1941).

 

Pershing County

NRS 328.300           Consent to acquisition of site for post office and federal building in Lovelock (1937).

 

Washoe County

NRS 328.310           Conveyance by City of Reno to United States for veterans’ hospital (1937).

NRS 328.320           Conveyance by County Commissioners to United States for garage and repair shop (1939).

 

White Pine County

NRS 328.330           Conveyance by County Commissioners of land within Lehman Cave National Monument (1931).

NRS 328.340           Conveyance by State of land within Lehman Cave National Monument (1935).

NRS 328.350           Consent to acquisition of site for federal building in Ely (1937).

NRS 328.360           Consent to acquisition of lands to facilitate administration of national forest affairs (1937).

NRS 328.370           Conveyance by State of land within Lehman Cave National Monument; correcting description error in deed given pursuant to NRS 328.340 (1945).

NRS 328.380           Exchange of lands by County Commissioners and United States authorized (1945).

EXCHANGES OF FEDERAL AND PRIVATE LANDS

NRS 328.400           Division of State Lands to provide information and assistance for exchanges.

DISPOSITION OF REVENUE RECEIVED BY STATE FROM LEASE OF FEDERAL LANDS

NRS 328.450           Deposit in State Distributive School Account in State General Fund; deposit of excess in Account for Revenue from Lease of Federal Lands; interest and income.

NRS 328.460           Account for Revenue from Lease of Federal Lands: Apportionment of money by State Controller.

NRS 328.470           Account for Revenue from Lease of Federal Lands: Money payable to counties.

MISCELLANEOUS PROVISIONS

NRS 328.500           Attorney General may bring, maintain or intervene in actions concerning public lands to protect sovereignty of State.

NRS 328.510           Federal lands in Nevada: State Land Registrar to maintain Registry; county assessors to be advised of taxable status.

_________

 

CESSION OF STATE JURISDICTION

      NRS 328.065  Application to State for cession of jurisdiction, appropriation of water or consent to use public land or close public road.  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)

      NRS 328.075  Procedure; limits of federal jurisdiction.

      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)

      NRS 328.085  Reservations and conditions.  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)

      NRS 328.100  Resolution ceding state jurisdiction: Contents; delivery; recordation.

      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 Chair 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)

      NRS 328.110  Conditions for recording conveyances where United States is grantee; protection of subsequent purchaser.

      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 or she 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)

      NRS 328.120  State Engineer to give technical and engineering advice on water rights, reclamation, control of floods and protection of watersheds.  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)

      NRS 328.135  Offer or agreement for cession of state jurisdiction before June 2, 1981: Construction; effect of noncompliance with federal or state laws.  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

      NRS 328.195  Conditions for state consent to federal acquisition of land for wildlife refuge.

      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

      NRS 328.210  Sale of real property authorized for site of Hoover Dam reservoir (1933).

      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]

      NRS 328.220  Sale of real property authorized (1941).

      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

      NRS 328.240  Jurisdiction ceded over land for use of Indian School (1897).

      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

      NRS 328.250  Consent to acquisition of site for federal building in Yerington (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 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

      NRS 328.260  Jurisdiction ceded over U.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

      NRS 328.270  Conveyance authorized to United States for site for post office and federal building in Tonopah (1939).  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]

      NRS 328.280  Consent to acquisition of site for post office and federal building in Tonopah (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

      NRS 328.290  Land for cooperative fire protection headquarters and nursery site to be conveyed to United States (1941).

      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

      NRS 328.300  Consent to acquisition of site for post office and federal building in Lovelock (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 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

      NRS 328.310  Conveyance by City of Reno to United States for veterans’ hospital (1937).  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]

      NRS 328.320  Conveyance by County Commissioners to United States for garage and repair shop (1939).  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

      NRS 328.330  Conveyance by County Commissioners of land within Lehman Cave National Monument (1931).

      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]

      NRS 328.340  Conveyance by State of land within Lehman Cave National Monument (1935).  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]

      NRS 328.350  Consent to acquisition of site for federal building in Ely (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 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]

      NRS 328.360  Consent to acquisition of lands to facilitate administration of national forest affairs (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]

      NRS 328.370  Conveyance by State of land within Lehman Cave National Monument; correcting description error in deed given pursuant to NRS 328.340 (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]

      NRS 328.380  Exchange of lands by County Commissioners and United States authorized (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

      NRS 328.400  Division of State Lands to provide information and assistance for exchanges.

      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 or her 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

      NRS 328.450  Deposit in State Distributive School Account in State General Fund; deposit of excess in Account for Revenue from Lease of Federal Lands; interest and income.

      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; 2008, 25th Special Session, 13)

      NRS 328.460  Account for Revenue from Lease of Federal Lands: Apportionment of money by State Controller.  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; 2008, 25th Special Session, 13)

      NRS 328.470  Account for Revenue from Lease of Federal Lands: Money payable to counties.

      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; A 2008, 25th Special Session, 13)

MISCELLANEOUS PROVISIONS

      NRS 328.500  Attorney General may bring, maintain or intervene in actions concerning public lands to protect sovereignty of State.

      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 or her 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 the Attorney General’s office to permit the Attorney General to bring and maintain the action until its conclusion; or

      (b) The Attorney General 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)

      NRS 328.510  Federal lands in Nevada: State Land Registrar to maintain Registry; county assessors to be advised of taxable status.

      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)