[Rev. 11/21/2013 11:28:36 AM--2013]

CHAPTER 407 - STATE PARKS AND MONUMENTS

DIVISION OF STATE PARKS

NRS 407.011           Definitions.

NRS 407.013           Declaration of legislative intent.

NRS 407.015           Creation.

NRS 407.037           Administrator: Creation of position; classification.

NRS 407.043           Administrator: Qualifications.

NRS 407.045           Administrator: Salary; other employment.

NRS 407.047           Administrator: Powers and duties.

NRS 407.0475         Administrator: Regulations; penalty for violation of regulations.

NRS 407.055           Administrator’s deputies: Designation; powers and duties; compensation; other employment.

NRS 407.057           Offices of Division; leases and agreements for offices.

NRS 407.063           Acquisition of real and personal property; eminent domain; consultation with local government before acquisition of undeveloped real property surrounding state park.

NRS 407.065           General powers and duties of Administrator.

NRS 407.067           Cooperative agreement with Federal Government, state agency or others.

NRS 407.068           Cooperative agreement with state agency or certain political subdivision for operation, establishment or maintenance of certain parks; terms; apportionment of costs.

NRS 407.069           Agreements for development, improvement and maintenance of certain recreational facilities located in state park.

NRS 407.073           Exhibits and displays.

NRS 407.075           State Park Grant and Gift Fund: Creation; deposits; expenditures.

NRS 407.0755         Account for State Park Interpretative and Educational Programs and Operation of Concessions: Creation; expenditures; nonreversion.

NRS 407.0762         Account for Maintenance of State Parks: Creation; deposits; money in Account does not lapse; expenditures.

NRS 407.0763         Account for Maintenance of State Park Facilities and Grounds: Creation; money in Account does not lapse; expenditures.

NRS 407.0765         Fees for repair, operation and maintenance of sewer, water and electrical systems within state parks; deposit; separate accounting; expenditures.

NRS 407.077           Legislative appropriations; claims.

NRS 407.079           Temporary transfer of money from State General Fund to pay claims for project of capital construction.

STATE PARKS

NRS 407.080           Cathedral Gorge State Park.

NRS 407.090           Kershaw Canyon-Ryan State Park.

NRS 407.100           Beaver Dam State Park.

NRS 407.110           Boulder Dam-Valley of Fire State Park.

STATE MONUMENTS, LANDMARKS AND RECREATIONAL AREAS

NRS 407.120           Designation of state park, state monument or recreational area.

NRS 407.130           Protection and development of state monument, historic landmark, historic building, historic site, archeological area, paleontological site or recreational area.

NRS 407.140           Mormon Station Historical State Monument.

NRS 407.150           Fort Churchill Historical State Monument.

NRS 407.155           Washoe Lake designated state recreational area.

ICHTHYOSAUR PARK

NRS 407.160           Short title.

NRS 407.170           Protection and maintenance of site of discovery of ichthyosaur.

NRS 407.200           Powers and duties of Division.

OUTDOOR RECREATION

NRS 407.205           Statewide plan for outdoor recreation; financial assistance and accounting for projects.

NRS 407.207           Representation of state agencies and political subdivisions in obtaining federal assistance for outdoor recreation.

NRS 407.2072         Fees for administration of certain federal grants: Imposition; payment and collection.

NRS 407.2074         Fees for administration of certain federal grants: Disposition; use.

NRS 407.209           Determination of availability of money for state or local share of costs of project.

UNLAWFUL ACTS AND PENALTIES

NRS 407.250           Unauthorized removal of timber or property; destruction of property; penalty.

_________

DIVISION OF STATE PARKS

      NRS 407.011  Definitions.  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)

      NRS 407.013  Declaration of legislative intent.  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)

      NRS 407.015  Creation.  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)

      NRS 407.037  Administrator: Creation of position; classification.  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)

      NRS 407.043  Administrator: Qualifications.  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)

      NRS 407.045  Administrator: Salary; other employment.

      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 or her entire time and attention to the business of his or her 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)

      NRS 407.047  Administrator: Powers and duties.

      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 the Administrator 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 the Administrator’s office.

      (c) Submit a biennial report to the Director on the work of the Division, with recommendations that the Administrator may deem necessary.

      (d) Appoint such technical, clerical and operational staff as the execution of his or her duties and the operation of the Division may require.

      (Added to NRS by 1961, 178; A 1963, 830; 1973, 978; 1977, 1130; 1985, 420)

      NRS 407.0475  Administrator: Regulations; penalty for violation of regulations.

      1.  The Administrator shall adopt such regulations as he or she finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the Division. Except as otherwise provided in subsection 2, 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.

      (c) Not establish restrictions on the possession of firearms within the park or recreational facility which are more restrictive than the laws of this State relating to:

             (1) The possession of firearms; or

             (2) Engaging in lawful resistance to prevent an offense against a person or property.

Ê Any regulation which violates the provisions of this paragraph is void.

      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; 2011, 3111)

      NRS 407.055  Administrator’s deputies: Designation; powers and duties; compensation; other employment.

      1.  The Administrator may designate an employee or employees of the Division to act as the Administrator’s deputy or deputies. In case of the absence of the Administrator, or the Administrator’s inability from any cause to discharge the powers and duties of the Administrator’s office, such powers and duties devolve upon the Administrator’s 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 or her entire time and attention to the business of his or her 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)

      NRS 407.057  Offices of Division; leases and agreements for offices.

      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 Section of the State Public Works 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; 2011, 2982)

      NRS 407.063  Acquisition of real and personal property; eminent domain; consultation with local government before acquisition of undeveloped real property surrounding state park.

      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 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; 2011, 2479)

      NRS 407.065  General powers and duties of Administrator.

      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) Except as otherwise provided in this paragraph, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:

             (1) Upon application therefor and proof of residency and age, 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.

             (2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.

Ê 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.

      (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.

      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; 2011, 2471; 2013, 2518, 2755)

      NRS 407.067  Cooperative agreement with Federal Government, state agency or others.  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)

      NRS 407.068  Cooperative agreement with state agency or certain political subdivision for operation, establishment or maintenance of certain parks; terms; apportionment of costs.

      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)

      NRS 407.069  Agreements for development, improvement and maintenance of certain recreational facilities located in state park.  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)

      NRS 407.073  Exhibits and displays.

      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)

      NRS 407.075  State Park Grant and Gift Fund: Creation; deposits; expenditures.

      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)

      NRS 407.0755  Account for State Park Interpretative and Educational Programs and Operation of Concessions: Creation; expenditures; nonreversion.

      1.  The Account for State Park Interpretative and Educational Programs and Operation of Concessions is hereby created in the State General Fund for the use of the Division to receive all revenues derived from sales of concessions and vending machines operated within state parks and other special revenue generating activities.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.

      3.  In addition to any expenditure required by subsection 4, the cost of any goods and services used for the sale of concessions and the coordination of special revenue generating activities must be expended from the Account.

      4.  Money deposited in the Account must be expended:

      (a) By the Administrator, upon approval by the Director, for special interpretative or educational programs and special park projects that enhance the interpretative and educational mission of the Division; or

      (b) For any other purpose authorized by the Legislature or by the Interim Finance Committee if the Legislature is not in session.

      5.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      (Added to NRS by 2011, 2470; A 2013, 2757)

      NRS 407.0762  Account for Maintenance of State Parks: Creation; deposits; money in Account does not lapse; expenditures.

      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, the Administrator must first receive the approval of the Director.

      (b) For projects with a cost of $25,000 or more, other than emergency repairs, the Administrator 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)

      NRS 407.0763  Account for Maintenance of State Park Facilities and Grounds: Creation; money in Account does not lapse; expenditures.

      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)

      NRS 407.0765  Fees for repair, operation and maintenance of sewer, water and electrical systems within state parks; deposit; separate accounting; expenditures.

      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)

      NRS 407.077  Legislative appropriations; claims.

      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)

      NRS 407.079  Temporary transfer of money from State General Fund to pay claims for project of capital construction.  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

      NRS 407.080  Cathedral Gorge State Park.

      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]

      NRS 407.090  Kershaw Canyon-Ryan State Park.

      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]

      NRS 407.100  Beaver Dam State Park.

      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]

      NRS 407.110  Boulder Dam-Valley of Fire State Park.

      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

      NRS 407.120  Designation of state park, state monument or recreational area.  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)

      NRS 407.130  Protection and development of state monument, historic landmark, historic building, historic site, archeological area, paleontological site or recreational area.  The Division shall administer, protect and develop any state monument, historic landmark, historic building, historic site, archeological area, paleontological site 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, paleontological site or recreational area.

      [2:293:1955]—(NRS A 1963, 832; 1977, 1134; 1979, 272; 2009, 375)

      NRS 407.140  Mormon Station Historical State Monument.  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)

      NRS 407.150  Fort Churchill Historical State Monument.  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)

      NRS 407.155  Washoe Lake designated state recreational area.  Washoe Lake is hereby designated a state recreational area.

      (Added to NRS by 1985, 1453)

ICHTHYOSAUR PARK

      NRS 407.160  Short title.  This section and NRS 407.170 and 407.200 may be cited as the Ichthyosaur Park Act.

      [1:398:1955]

      NRS 407.170  Protection and maintenance of site of discovery of ichthyosaur.  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)

      NRS 407.200  Powers and duties of Division.

      1.  The Division may take such action as is necessary to carry this section and NRS 407.160 and 407.170 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 this section and NRS 407.160 and 407.170.

      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 the Administrator in carrying out the Administrator’s 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

      NRS 407.205  Statewide plan for outdoor recreation; financial assistance and accounting for projects.

      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 the Director’s 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)

      NRS 407.207  Representation of state agencies and political subdivisions in obtaining federal assistance for outdoor recreation.  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)

      NRS 407.2072  Fees for administration of certain federal grants: Imposition; payment and collection.

      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)

      NRS 407.2074  Fees for administration of certain federal grants: Disposition; use.

      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)

      NRS 407.209  Determination of availability of money for state or local share of costs of project.  The Administrator, subject to the approval of the Director, shall make no commitment, nor shall the Administrator enter into any agreement pursuant to NRS 407.205 to 407.209, inclusive, until the Administrator 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

      NRS 407.250  Unauthorized removal of timber or property; destruction of property; penalty.

      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)