[Rev. 11/22/2013 3:21:05 PM--2013]

ENVIRONMENTAL PROTECTION

LAKE TAHOE BASIN ACT OF 1993

Chapter 355, Statutes of Nevada 1993

AN ACT relating to the Lake Tahoe Basin; establishing a program to mitigate the environmentally detrimental effects of certain uses of land in the Lake Tahoe Basin; and providing other matters properly relating thereto.

[Approved: July 1, 1993]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Section 1.  Program to mitigate environmentally detrimental effects of land coverage: Establishment; authority of State Land Registrar. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]

      1.  The Division of State Lands of the State Department of Conservation and Natural Resources shall, within the limits of available money, establish a program to mitigate the environmentally detrimental effects of land coverage in the Lake Tahoe Basin.

      2.  In carrying out the program the Division may, as the State Land Registrar deems appropriate regarding particular parcels of land:

      (a) Acquire by donation, purchase or exchange real property or any interest in real property in the Lake Tahoe Basin.

      (b) Transfer by sale, lease or exchange real property or any interest in real property in the Lake Tahoe Basin.

      (c) Eliminate land coverage on real property acquired pursuant to paragraph (a).

      (d) Eliminate, or mitigate the effects of, features or conditions of real property acquired pursuant to paragraph (a) which are detrimental to the environment of the Lake Tahoe Basin.

      (e) Retire or otherwise terminate rights to place land coverage on real property in the Lake Tahoe Basin.

      3.  Any acquisition of real property or any interest in real property made pursuant to this section must first be approved by the State Board of Examiners. The price of the acquisition must be based on the fair market value of the property or interest as determined by a qualified appraiser.

      4.  The State Land Registrar may transfer real property or any interest in real property acquired pursuant to this section:

      (a) To state and federal agencies, local governments and nonprofit organizations for such consideration as the State Land Registrar deems to be reasonable and in the interest of the general public.

      (b) To other persons for a price that is not less than the fair market value of the real property or interest as determined by a qualified appraiser.

      5.  Before any real property or an interest in real property is transferred pursuant to this section, a declaration of restrictions or deed restrictions must be recorded as required by the Tahoe Regional Planning Agency to ensure that rights to place land coverage on the real property are retired or otherwise terminated.

      6.  The State Land Registrar shall report quarterly to the State Board of Examiners regarding the real property or interests in real property transferred pursuant to this section.

      7.  As used in this section, “land coverage” means any covering over the natural surface of the ground that prevents water from percolating into the ground.

      (Ch. 355, Stats. 1993 p. 1152)

      Section 1.  Program to mitigate environmentally detrimental effects of land coverage: Establishment; authority of State Land Registrar. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

      1.  The Division of State Lands of the State Department of Conservation and Natural Resources shall, within the limits of available money, establish a program to mitigate the environmentally detrimental effects of land coverage in the Lake Tahoe Basin.

      2.  In carrying out the program the Division may, as the State Land Registrar deems appropriate regarding particular parcels of land:

      (a) Acquire by donation, purchase or exchange real property or any interest in real property in the Lake Tahoe Basin.

      (b) Transfer by sale, lease or exchange real property or any interest in real property in the Lake Tahoe Basin.

      (c) Eliminate land coverage on real property acquired pursuant to paragraph (a).

      (d) Eliminate, or mitigate the effects of, features or conditions of real property acquired pursuant to paragraph (a) which are detrimental to the environment of the Lake Tahoe Basin.

      (e) Retire or otherwise terminate rights to place land coverage on real property in the Lake Tahoe Basin.

      3.  Any acquisition of real property or any interest in real property made pursuant to this section must first be approved by the State Board of Examiners. The price of the acquisition must be based on the fair market value of the property or interest as determined by a qualified appraiser.

      4.  The State Land Registrar may transfer real property or any interest in real property acquired pursuant to this section:

      (a) To state and federal agencies, local governments and nonprofit organizations for such consideration as the State Land Registrar deems to be reasonable and in the interest of the general public.

      (b) To other persons for a price that is not less than the fair market value of the real property or interest as determined by a qualified appraiser.

      5.  The State Land Registrar shall report quarterly to the State Board of Examiners regarding the real property or interests in real property transferred pursuant to this section.

      6.  As used in this section, “land coverage” means any covering over the natural surface of the ground that prevents water from percolating into the ground.

      (Ch. 355, Stats. 1993 p. 1152; A—Ch. 530, Stats. 2011 p. 3737; Ch. 424, Stats. 2013 p. 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)

      Sec. 2.  Account for Mitigation of Land Coverage in Lake Tahoe Basin.

      1.  The Account for Mitigation of Land Coverage in the Lake Tahoe Basin is hereby created in the State General Fund. The State Land Registrar may expend money in the Account to administer and carry out the program established pursuant to section 1 of this act, including the payment of all administrative costs associated with the program. All money received by the Division of State Lands of the State Department of Conservation and Natural Resources for that program from any source and all money received by the state land registrar from the transfer of any real property or interest in real property pursuant to section 1 of this act must be deposited in the State Treasury to the credit of the Account.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of each fiscal year does not lapse to the State General Fund but must be carried over into the next fiscal year.

      3.  All claims against the Account must be paid as other claims against the state are paid.

      (Ch. 355, Stats. 1993 p. 1153)