[Rev. 5/1/2022 8:05:30 PM--2021]

TITLE 26 - PUBLIC LANDS

CHAPTER 321 - ADMINISTRATION, CONTROL AND TRANSFER OF STATE LANDS

GENERAL PROVISIONS

NRS 321.0005         Legislative declaration: Policy regarding use of state lands.

NRS 321.00051       Legislative declaration: Acquisition of lands retained by Federal Government. [Repealed.]

NRS 321.0006         Definitions.

NRS 321.0007         “Division” defined.

NRS 321.0008         “Trust lands” defined.

DIVISION OF STATE LANDS

NRS 321.001           Division to acquire, hold and administer state lands; exceptions; procedure for obtaining land for use of state agency.

NRS 321.003           Assignment of land to state agency; certification of State Land Registrar required before making improvements; lease or sale of state land; use or acquisition of land without prior authorization of State Land Registrar prohibited.

NRS 321.004           Assignment for administration of structures, buildings and other property of Nevada State Prison.

NRS 321.005           Notice to governing body of county or city of transfer of state land; public hearing.

NRS 321.007           Appraisal of land offered for sale or lease; list of qualified appraisers; disclosure by appraiser; prohibited conflict of interest; market value analysis required for certain leases of residential property; effect of violation.

NRS 321.008           State Land Registrar may offer certain land for lease without complying with NRS 321.007 or 321.335.

NRS 321.009           Limited-liability company to submit disclosure concerning ownership of certain land acquired from State Land Registrar; public inspection of disclosure.

STATE LAND OFFICE AND STATE LAND REGISTRAR

NRS 321.010           State Land Office created; State Land Registrar; appointment of Deputy and staff.

NRS 321.030           Office of State Land Registrar.

NRS 321.040           Records of State Land Office: Duties of State Land Registrar.

NRS 321.050           Statement of land acquired, leased or otherwise disposed of in county to be furnished to county assessors.

NRS 321.055           Notice of tax delinquency by county assessor: Contents.

NRS 321.060           Seal of State Land Office: Use; effect on documents bearing Seal.

NRS 321.065           Fees of State Land Registrar.

NRS 321.067           Revolving Account for Land Management.

NRS 321.070           Appropriation of money for State Land Office.

ACCEPTANCE, SELECTION AND TRANSFER OF LANDS

NRS 321.090           Selection of lands by State Land Registrar.

NRS 321.110           Acceptance of land grants by Governor or State Land Registrar; legislative policy for State to negotiate for unconditional land grants.

NRS 321.125           Sale of state land to public agency or local government.

NRS 321.135           Transfer of state park to local government.

NRS 321.140           Reimbursement for unlocated land warrant from State Permanent School Fund.

NRS 321.300           Contractors and patentees deemed to have right to exclusive possession or fee simple title, including all gas, coal, oil and oil shales, subject to royalty payments.

PATENTS

NRS 321.310           Land acquired by patent from Federal Government to be conveyed by patent.

NRS 321.320           Form and contents of patents.

NRS 321.330           Record of issued patents.

CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEEN MARCH 3, 1887, AND JULY 3, 1997

NRS 321.331           Persons receiving patent or deed from State required to be confirmed in fee simple title to lands and minerals; royalties.

NRS 321.332           Consent of State to action for declaratory judgment to determine rights of State to minerals; service of process on Attorney General; notice to each owner.

NRS 321.333           Option of plaintiff to purchase interest of State in minerals.

SALES AFTER APRIL 1, 1957

NRS 321.335           Procedure.

RESERVATIONS

NRS 321.339           State Land Registrar may withhold land from sale.

NRS 321.355           Rights-of-way reserved to State for public access to other land open for public use.

SALE OF TIMBER

NRS 321.385           Sale by State Land Registrar.

PUBLIC-PRIVATE PARTNERSHIPS FOR PRESERVATION OF HISTORIC BUILDINGS

NRS 321.402           Definitions.

NRS 321.404           “Historic building” defined.

NRS 321.406           “Private partner” defined.

NRS 321.408           “Public-private partnership” defined.

NRS 321.412           Authority of State Land Registrar to purchase historic buildings and enter into public-private partnerships related to historic buildings; requirements for public-private partnership contracts; State Land Registrar required to consult with Office of Historic Preservation of the State Department of Conservation and Natural Resources.

NRS 321.414           Authority of State Land Registrar relating to public-private partnerships; regulations.

NRS 321.416           Applicability of provisions governing public property and purchasing and public works and planning to public-private partnerships; duties of State Land Registrar, private partner, contractor and subcontractor to comply with certain provisions governing employment; designation of building official for work performed.

NRS 321.418           Restore Nevada’s Treasures Revolving Account.

SAGEBRUSH ECOSYSTEMS

NRS 321.592           Division authorized to establish and carry out programs to preserve, restore and enhance sagebrush ecosystems.

NRS 321.594           Powers and duties of Administrator and Division regarding programs to improve sagebrush ecosystems; Division authorized to make certain grants and enter into certain contracts and agreements; regulations.

LAKE TAHOE

Boundary of Lake

NRS 321.595           Boundary between bed of Lake Tahoe and adjacent lands.

 

Protection of Lake Tahoe Basin

NRS 321.5951         Account for License Plates for Support of Preservation and Restoration of Natural Environment of Lake Tahoe Basin.

NRS 321.5952         Declaration of legislative intent.

NRS 321.5953         Division authorized to establish and carry out programs to preserve, restore and enhance Lake Tahoe Basin.

NRS 321.5954         Powers and duties of Division and State Land Registrar regarding programs to preserve, restore and enhance Lake Tahoe Basin.

NRS 321.5956         Division authorized to enter into certain agreements; State Land Registrar authorized to make certain grants and enter into certain contracts and agreements.

NRS 321.5957         Regulations.

MANAGEMENT OF CERTAIN PUBLIC LANDS

NRS 321.596           Legislative findings. [Repealed.]

NRS 321.5963         Definitions. [Repealed.]

NRS 321.5967         Board of Review: Creation; composition; Chair; meetings; quorum; compensation; duties and powers. [Repealed.]

NRS 321.597           Division to hold and manage public lands; regulations; employment of personnel. [Repealed.]

NRS 321.5973         Public lands and minerals are property of State; rights and privileges under federal laws to be preserved; administration of land to conform with treaties and compacts. [Repealed.]

NRS 321.5977         Objectives in administering public lands. [Repealed.]

NRS 321.598           Disposal of public lands: Legislative authorization required; State Land Registrar may dispose of lands to same extent and in same manner as Federal Government; deposit of proceeds. [Repealed.]

NRS 321.5983         Unauthorized disposal of public lands void; State authorization required for use, management or disposal of public lands; injunctions; action to recover consideration received from unlawful disposition of public land. [Repealed.]

NRS 321.5987         Procedure for appealing decision of State Land Registrar to Board of Review; hearing. [Repealed.]

NRS 321.599           Enforcement of NRS 321.596 to 321.599, inclusive, by Attorney General. [Repealed.]

PUBLIC LAND TRUST FUND

NRS 321.601           Creation; payments to local governments in lieu of taxes on public lands. [Repealed.]

LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC AND RECREATIONAL PURPOSES

NRS 321.605           Declaration of legislative intent.

NRS 321.610           Applications for lease or purchase by State and political subdivisions submitted to State Land Registrar: Duties of State Land Registrar.

STATE PLANNING OF USE OF LAND

General Provisions

NRS 321.640           Legislative findings and declaration.

NRS 321.655           Definitions.

 

State Land Use Planning Agency

NRS 321.700           Creation.

NRS 321.710           Administration; technical assistance; personnel.

NRS 321.720           Duties of Administrator concerning local governments.

NRS 321.735           Powers and duties concerning federal lands; action by certain cities and counties not precluded. [Repealed.]

NRS 321.7353         Notice of federal acquisition of private land to be provided to affected cities and counties; submission of written comment.

NRS 321.7355         Authority to prepare plan or statement of policy concerning lands under federal management.

 

State Consent to Federal Use of Public Land

NRS 321.736           Hearings and recommendations of local planning agencies. [Repealed.]

NRS 321.737           Transfer or referral of certain applications to State Engineer. [Repealed.]

NRS 321.738           Hearing and recommendation of State Agency. [Repealed.]

NRS 321.739           Grant or denial of consent by Governor. [Repealed.]

 

Land Use Planning Advisory Council

NRS 321.740           Creation; appointment, number, nominations, terms and expenses of members.

NRS 321.750           Duties.

NRS 321.755           Executive Council.

 

Resolution of Inconsistencies in Local Plans

NRS 321.761           Technical assistance; submission of matter to Executive Council.

NRS 321.763           Duties of State Agency; adoption, enforcement and expiration of plans and regulations.

 

Planning for Areas of Critical Environmental Concern

NRS 321.770           Duties of Administrator and Land Use Planning Advisory Council.

_________

 

GENERAL PROVISIONS

      NRS 321.0005  Legislative declaration: Policy regarding use of state lands.

      1.  The Legislature declares the policy of this State regarding the use of state lands to be that state lands must be used in the best interest of the residents of this State, and to that end the lands may be used for recreational activities, the production of revenue and other public purposes. In determining the best uses of state lands, the appropriate state agencies shall give primary consideration to the principles of multiple use and sustained yield as the status and the resources of the lands permit.

      2.  As used in this section:

      (a) “Multiple use” includes:

             (1) The management of state lands and their various resources so that they are used in the combination which will best meet the needs of the residents of this State;

             (2) The use of state lands and some or all of their resources or related services in areas large enough to allow for periodic adjustments in the use of the lands to conform to changing needs and conditions;

             (3) The use of certain state lands for less than all of their available resources;

             (4) A balanced and diverse use of resources which takes into account the long-term needs of residents of this State for renewable and nonrenewable resources, including, but not limited to, recreational areas, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historic areas; and

             (5) The harmonious and coordinated management of state lands and their various resources without the permanent impairment of the productivity of the lands and the quality of the environment, with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will produce the greatest yield or economic return for each parcel of land.

      (b) “Sustained yield” means the maintenance of a high-level annual or other periodic yield from the various renewable resources of state lands consistent with multiple use.

      (Added to NRS by 1987, 400)

      NRS 321.00051  Legislative declaration: Acquisition of lands retained by Federal Government.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.0006  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 321.0007 and 321.0008 have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 962)

      NRS 321.0007  “Division” defined.  “Division” means the Division of State Lands of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1997, 962)

      NRS 321.0008  “Trust lands” defined.  “Trust lands” means those lands that were granted by the Federal Government to the State of Nevada directly or by an exchange for other lands, and are held in trust for the State Permanent School Fund or another beneficiary.

      (Added to NRS by 1997, 962)

DIVISION OF STATE LANDS

      NRS 321.001  Division to acquire, hold and administer state lands; exceptions; procedure for obtaining land for use of state agency.

      1.  The Division shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the State except:

      (a) Lands or interests used or acquired for highway purposes;

      (b) Lands or interests the title to which is vested in the Board of Regents of the University of Nevada;

      (c) Offices outside state buildings leased by the Administrator of the State Public Works Division of the Department of Administration for the use of state officers and employees; or

      (d) Lands or interests used or acquired for the Legislature or its staff,

Ę and shall administer all lands it holds which are not assigned for administration to another state agency.

      2.  If additional land or an interest in land is required for the use of any state agency except the Department of Transportation or the Nevada System of Higher Education, the agency and the Division shall select land for use by the agency. The Division shall obtain the approval of the Administrator of the State Public Works Division of the Department of Administration if the land will be used for a building pursuant to NRS 341.141. The Division shall determine the value of that land and obtain the land or interest by negotiation or, if necessary, by exercising the State’s power of eminent domain. Title must be taken in the name of the State of Nevada.

      3.  The Division may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.

      (Added to NRS by 1977, 1123; A 1979, 650, 1320, 1792; 1983, 1260; 1989, 2006; 1993, 388, 1555; 1995, 579; 1997, 962)

      NRS 321.003  Assignment of land to state agency; certification of State Land Registrar required before making improvements; lease or sale of state land; use or acquisition of land without prior authorization of State Land Registrar prohibited.

      1.  The State Land Registrar shall assign any land or interest in land owned by the State of Nevada which is needed for governmental purposes to the appropriate state agency for use and administration. Before a state agency erects a building or makes any other permanent improvement on land assigned to it, the agency shall notify the State Land Registrar, in a form prescribed by the State Land Registrar, and shall not proceed with the construction or improvement until the State Land Registrar certifies the nature of and any encumbrances against the State’s title to the land, and certifies that the boundaries of the land assigned include the site of the proposed construction or improvement.

      2.  Except as otherwise provided by specific statute, any lease or sale of land, or of any interest in land, by the Division must be made upon the best terms available.

      3.  The State Land Registrar shall execute on behalf of the State any lease, deed or other document by which any land or interest therein owned by the State is conveyed.

      4.  Notwithstanding any other provision of law, a person shall not use or acquire state land for any purpose unless the person first obtains written authorization from the State Land Registrar.

      5.  As used in this section, “person” includes a government, governmental agency and political subdivision of a government.

      (Added to NRS by 1977, 1124; A 1991, 1376; 1993, 158; 1997, 963)

      NRS 321.004  Assignment for administration of structures, buildings and other property of Nevada State Prison.  As soon as practicable after the date on which the Department of Corrections provides notice to the State Land Registrar that the Department has ceased all operational activities at the Nevada State Prison located on East Fifth Street in Carson City, the State Land Registrar shall:

      1.  Determine, in consultation with Carson City, the Department of Corrections, the Department of Tourism and Cultural Affairs, the State Department of Conservation and Natural Resources and the Nevada State Prison Preservation Society:

      (a) Which structures, buildings and other property of the Nevada State Prison, not identified pursuant to paragraph (b), are appropriate for continued administration by the Department of Corrections; and

      (b) Which structures, buildings and other property of the Nevada State Prison are appropriate for administration as a historical, cultural, educational and scientific resource.

      2.  Assign for administration, in accordance with the determinations made pursuant to subsection 1, the structures, buildings and other property of the Nevada State Prison described in:

      (a) Paragraph (a) of that subsection to the Silver State Industries Division of the Department of Corrections.

      (b) Paragraph (b) of that subsection to an appropriate state agency among those identified in that subsection or any other appropriate state agency.

      (Added to NRS by 2015, 867)

      NRS 321.005  Notice to governing body of county or city of transfer of state land; public hearing.

      1.  The State Land Registrar shall provide written notice of any proposed sale, lease or transfer of state land to:

      (a) The governing body of the city in which the state land is located if the state land is located in an incorporated city; or

      (b) The governing body of the county in which the state land is located if the state land is not located in an incorporated city.

Ę The notice must inform the governing body that it may submit comments to the State Land Registrar concerning the proposed sale, lease or transfer within 30 days after receipt of the notice.

      2.  The governing body of a county or city may hold a public hearing on the proposed sale, lease or transfer of state land and transmit public comments received at the hearing to the State Land Registrar.

      3.  The State Land Registrar shall consider any comments received from the governing body of a county or city when determining whether it is in the best interest of the State to proceed with the sale, lease or transfer of state land.

      (Added to NRS by 1991, 1376)

      NRS 321.007  Appraisal of land offered for sale or lease; list of qualified appraisers; disclosure by appraiser; prohibited conflict of interest; market value analysis required for certain leases of residential property; effect of violation.

      1.  Except as otherwise provided in subsection 5, NRS 321.008, 321.402 to 321.418, inclusive, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:

      (a) Obtain an independent appraisal of the land before selling or leasing it. The appraisal must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.

      (b) Notwithstanding the provisions of chapter 333 of NRS, select an independent appraiser from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of an appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.

      2.  The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the third degree of consanguinity or affinity has an interest in the land or an adjoining property.

      5.  If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesperson when offering such a property for lease.

      6.  If land is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.

      (Added to NRS by 2005, 1454; A 2005, 2670, 2680; 2007, 2824; 2013, 2686; 2017, 647, 4120)

      NRS 321.008  State Land Registrar may offer certain land for lease without complying with NRS 321.007 or 321.335.  The State Land Registrar may offer any state land for lease without complying with the provisions of NRS 321.007 or 321.335 if the area of the state land is less than 25,000 square feet.

      (Added to NRS by 2013, 2686)

      NRS 321.009  Limited-liability company to submit disclosure concerning ownership of certain land acquired from State Land Registrar; public inspection of disclosure.

      1.  If the State Land Registrar sells, leases, transfers or conveys land to, or exchanges land with, a domestic or foreign limited-liability company, the State Land Registrar shall require the domestic or foreign limited-liability company to submit a disclosure to the State Land Registrar setting forth the name of any person who holds an ownership interest of 1 percent or more in the domestic or foreign limited-liability company. The disclosure must be made available for public inspection upon request.

      2.  As used in this section, “land” includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

      (Added to NRS by 2005, 2208)

STATE LAND OFFICE AND STATE LAND REGISTRAR

      NRS 321.010  State Land Office created; State Land Registrar; appointment of Deputy and staff.

      1.  For the purpose of selecting, managing and, where appropriate, disposing of the lands granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a State Land Office is hereby created.

      2.  The Administrator as executive head of the Division is the ex officio State Land Registrar.

      3.  The State Land Registrar may appoint one Deputy State Land Registrar and such technical, clerical and operational staff as the execution of the duties of the State Land Registrar and the operation of the State Land Office may require.

      [Part 1:85:1885; BH § 324; C § 302; RL § 3196; NCL § 5512]—(NRS A 1957, 648; 1959, 487; 1975, 88; 1985, 414; 1997, 963; 2021, 562)

      NRS 321.030  Office of State Land Registrar.  The State Land Registrar shall keep an office at the seat of government.

      [Part 1:85:1885; BH § 324; C § 302; RL § 3196; NCL § 5512]—(NRS A 1975, 88; 2003, 1452; 2011, 324)

      NRS 321.040  Records of State Land Office: Duties of State Land Registrar.

      1.  The State Land Registrar shall keep a record of all lands and interests in land held by the Division pursuant to NRS 321.001 and of all lands and interests in land which have been sold by the Division. These records, together with all plats, papers and documents relating to the business of the State Land Office, must be open to public inspection during office hours at no charge.

      2.  The State Land Registrar shall procure from the Bureau of Land Management one copy of each township plat of the public surveys now approved or which may subsequently be approved by the proper United States authorities, unless those copies have been previously obtained.

      [Part 2:85:1885; A 1887, 112; 1889, 123; C § 303; RL § 3197; NCL § 5513]—(NRS A 1975, 88; 1997, 963)

      NRS 321.050  Statement of land acquired, leased or otherwise disposed of in county to be furnished to county assessors.  Annually, on or before August 1, the State Land Registrar shall furnish to each county assessor a statement showing all lands which have been acquired, leased or otherwise disposed of in the county since the last annual statement.

      [Part 2:85:1885; A 1887, 112; 1889, 123; C § 303; RL § 3197; NCL § 5513] + [Part 4:85:1885; A 1887, 118; 1889, 123; C § 305; RL § 3199; NCL § 5515]—(NRS A 1975, 89; 1997, 964)

      NRS 321.055  Notice of tax delinquency by county assessor: Contents.  Upon the occurrence of any tax delinquency on state lands, the county assessor of the county wherein the land is situated shall immediately notify the State Land Registrar of that delinquency. The notice must contain a description of the land and the date and amount of delinquency.

      (Added to NRS by 1957, 535; A 1959, 488; 1975, 90; 1997, 964)

      NRS 321.060  Seal of State Land Office: Use; effect on documents bearing Seal.

      1.  The State Land Registrar is authorized to provide and use a seal for the State Land Office.

      2.  The impression of the Seal of the State Land Office upon the original or copy of any paper, plat, map or document emanating from the State Land Office shall impart verity to the document so impressed.

      [19:85:1885; BH § 342; C § 319; RL § 3213; NCL § 5530]—(NRS A 1971, 806; 1975, 90)

      NRS 321.065  Fees of State Land Registrar.

      1.  The State Land Registrar shall charge the following fees, unless a different fee is prescribed by specific statute:

      (a) For making copies of public records and maps in the custody of the State Land Office, regarding land granted to the state by the Federal Government for educational purposes:

 

For a certified copy of a contract to purchase state lands and for the renewal of a contract, each          $5.50

For a township diagram showing state entries only, each.............................. 2.00

For a copy of a township plat showing entries, each sheet............................ 2.00

For a list of entrymen and agents, showing the kind of entries, each entryman .50

For copies of all other public records, including contracts, applications and treasurer’s receipts:

             First sheet of each file.............................................................................. 1.00

             Each additional sheet.................................................................................. .50

For copies of topography maps or portions thereof:

             First sheet per map................................................................................... 1.00

             Each additional sheet.................................................................................. .50

For copies of microfilm records:

             Each roll (16 or 32mm)......................................................................... 10.00

             Each single frame “blowback”................................................................. .50

For duplication of microfilm jackets, each.......................................................... .25

 

      (b) For making copies of any other public records or maps in the custody of the State Land Office, $1 for the first sheet and 50 cents for each additional sheet.

      2.  All fees charged and collected under:

      (a) Paragraph (a) of subsection 1 must be accounted for by the State Land Registrar and paid into the State Treasury for credit to the State Permanent School Fund.

      (b) Paragraph (b) of subsection 1 must be accounted for by the State Land Registrar and paid into the State Treasury for credit to the State General Fund.

      (Added to NRS by 1957, 646; A 1975, 90; 1993, 1455; 1995, 810)

      NRS 321.067  Revolving Account for Land Management.

      1.  The Revolving Account for Land Management is hereby created as a special account in the State General Fund.

      2.  The State Land Registrar shall use the money in the Revolving Account to pay the expenses related to the management of land held by the Division and the acquisition of or interests in land, including, without limitation, expenses for:

      (a) Appraisals and land surveys;

      (b) Required environmental assessments of the land, including, without limitation, surveys of the biological, environmental and cultural conditions and resources of the land;

      (c) Construction of fences and barriers for vehicles;

      (d) The cleanup and maintenance of the land; and

      (e) Any mitigation required of the land.

      3.  The State Land Registrar shall:

      (a) Approve any disbursement from the Revolving Account; and

      (b) Maintain records of any such disbursement.

      4.  The State Land Registrar shall deposit into the Revolving Account money received by the Division as a donation or as a reimbursement for or advance payment of an expense paid out of the Revolving Account.

      5.  The balance of the Revolving Account must be carried forward at the end of each fiscal year.

      6.  If the balance in the Revolving Account is below $20,000, the State Land Registrar may request an allocation from the Contingency Account in the State General Fund pursuant to NRS 353.266, 353.268 and 353.269.

      (Added to NRS by 1999, 2540; A 2017, 648, 3765)

      NRS 321.070  Appropriation of money for State Land Office.  Funds to carry out the provisions of this chapter shall be provided by legislative appropriation from the General Fund, and shall be paid out on claims as other claims against the State are paid. All claims shall be approved by the State Land Registrar before they are paid.

      [21:85:1885; A 1889, 123; 1917, 416; 1919 RL p. 3215; NCL § 5532] + [21A:85:1885; added 1917, 416; 1919 RL p. 2911; NCL § 5533]—(NRS A 1975, 91)

ACCEPTANCE, SELECTION AND TRANSFER OF LANDS

      NRS 321.090  Selection of lands by State Land Registrar.  The State Land Registrar may select lands on behalf of the State of Nevada in accordance with the terms of any grant authorized by the Congress of the United States.

      [15:85:1885; A 1889, 123; C § 316; RL § 3210; NCL § 5526]—(NRS A 1961, 717; 1975, 91; 1997, 964)

      NRS 321.110  Acceptance of land grants by Governor or State Land Registrar; legislative policy for State to negotiate for unconditional land grants.

      1.  Subject to the provisions of subsection 2, whenever, pursuant to the laws of the United States, any lands are offered to the State of Nevada by the United States Government or any department thereof, the Governor or the State Land Registrar may accept the lands and the possession and title thereof in the name of the State of Nevada and take all necessary steps to comply with any requirement and condition mentioned in the offer.

      2.  It is hereby declared to be the policy of the Legislature that the State of Nevada shall negotiate for the acquisition of those lands as an unconditional grant by the United States Government to the State of Nevada without any other considerations, and that if the State of Nevada is unable to acquire those lands in the manner indicated, the Governor or the State Land Registrar may obtain those lands on the best terms available.

      [18 1/2:85:1885; added 1925, 107; NCL § 5529]—(NRS A 1997, 964)

      NRS 321.125  Sale of state land to public agency or local government.

      1.  The State Land Registrar may make direct sales of lands owned by the State to a public agency or local government of the State if the land is:

      (a) Not needed for use by the State; and

      (b) Needed for a valid public use.

      2.  Land sold pursuant to this section must be sold at a price equal to at least the current fair market value of the land plus the costs of the sale, including expenses related to the appraisal of the land.

      3.  As used in this section, “local government” has the meaning ascribed to it in NRS 354.474.

      (Added to NRS by 1989, 509; A 1997, 965)

      NRS 321.135  Transfer of state park to local government.

      1.  If the State of Nevada leases, sells or otherwise transfers, with or without consideration, a state park or any part thereof to a local government, the local government must agree to operate and maintain the park or part thereof in such a manner that the use and enjoyment of the park or part thereof by the residents of this State is not diminished.

      2.  A local government to which is transferred any real property or other interest in a state park, including, without limitation, any facility, equipment, water right or mineral right, may not sell, lease, encumber, alienate or otherwise dispose of the real property or other interest without authorization by a concurrent resolution of the Legislature.

      3.  If the State of Nevada executes a deed for real property which is part of a state park and which is transferred to a local government, the deed must:

      (a) Include restrictions that:

             (1) Protect all historical and recreational value of the property;

             (2) Guarantee public access to the property; and

             (3) Prevent the local government or any successor in title from transferring the property without authorization by a concurrent resolution of the Legislature; and

      (b) Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in paragraph (a).

      4.  The transfer to a local government of any real property that is part of a state park must not occur if any underlying lease of land from the Bureau of Land Management used by the state park prohibits such a transfer or would, upon such a transfer, compromise the ability of the local government to use the real property as a park.

      5.  A local government to which is transferred real property that is part of a state park shall, if the real property is subject to a lease from any person or entity, including, without limitation, the Bureau of Land Management, take all actions reasonable and necessary to ensure that the leased property remains part of the park.

      (Added to NRS by 2003, 1687)

      NRS 321.140  Reimbursement for unlocated land warrant from State Permanent School Fund.  The holder of any unlocated land warrant of this State, issued before March 12, 1885, may present that land warrant to the State Land Registrar for reimbursement from the State Permanent School Fund of the amount paid for the land warrant.

      [11:85:1885; C § 312; RL § 3206; NCL § 5522]—(NRS A 1997, 965)

      NRS 321.300  Contractors and patentees deemed to have right to exclusive possession or fee simple title, including all gas, coal, oil and oil shales, subject to royalty payments.

      1.  Every person who entered into a contract with the State of Nevada for the purchase of any trust lands of the State of Nevada before July 3, 1997, or his or her heirs, assigns or lawful successors, and every patentee of trust lands purchased from the State of Nevada, shall, subject to the royalty provided for in subsection 3, be deemed and held to have the right to the exclusive possession of the lands described in the contract or patent, including all gas, coal, oil and oil shales that may exist in those lands.

      2.  Every person who has received or is entitled to receive a patent from this State granting to the person any of those lands, or his or her heirs, assigns or lawful successors shall, subject to the royalty provided for in subsection 3, be deemed to have the fee simple title to the lands described in the patent, including all gas, coal, oil and oil shales which may exist therein.

      3.  Any person described in subsection 1 or 2 shall pay to the State of Nevada for the fund which was the original beneficiary of those lands a royalty of 5 percent of the net proceeds of all gas, coal or oil mined or extracted therefrom.

      4.  The provisions of this section do not impair any rights acquired before July 1, 1921, pursuant to existing laws to any of those lands or rights therein.

      [1:172:1921; NCL § 5545] + [2:172:1921; NCL § 5546]—(NRS A 1997, 966)

PATENTS

      NRS 321.310  Land acquired by patent from Federal Government to be conveyed by patent.  Except as otherwise ordered by a court of competent jurisdiction, the title of the State to any lands acquired by patent from the Federal Government must be conveyed by patent.

      [Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527] + [1:99:1903; RL § 3223; NCL § 5541]—(NRS A 1975, 98; 1989, 509; 1997, 966)

      NRS 321.320  Form and contents of patents.  All patents shall:

      1.  Be in such form as the Attorney General and the State Land Registrar shall jointly prescribe.

      2.  Be prepared by the State Land Registrar.

      3.  Be signed by the Governor.

      4.  Have the Great Seal of the State affixed by the Secretary of State.

      5.  Be countersigned by the State Land Registrar.

      [Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527]—(NRS A 1975, 99)

      NRS 321.330  Record of issued patents.  The Secretary of State and the State Land Registrar shall each keep a record of patents issued.

      [Part 16:85:1885; A 1889, 123; 1939, 157; 1931 NCL § 5527]—(NRS A 1975, 99)

CONFIRMATION OF TITLE IN PURCHASERS OF STATE LANDS BETWEEN MARCH 3, 1887, AND JULY 3, 1997

      NRS 321.331  Persons receiving patent or deed from State required to be confirmed in fee simple title to lands and minerals; royalties.  Every person or his or her heirs, assigns or lawful successors, who has received a patent or deed between March 3, 1887, and July 3, 1997, from the State of Nevada granting to him or her any trust lands of the State of Nevada must, subject to the royalty contained in NRS 321.300, be confirmed in the fee simple title to the lands described in that patent or deed, and all of the minerals therein, including all gas, coal, oil and oil shales which may exist therein, but any such patentee or his or her successors in interest, holding such a fee simple title shall pay to the State of Nevada for the fund which was the original beneficiary of those lands the royalty provided by NRS 321.300.

      (Added to NRS by 1963, 98; A 1997, 967)

      NRS 321.332  Consent of State to action for declaratory judgment to determine rights of State to minerals; service of process on Attorney General; notice to each owner.

      1.  Every person or his or her heirs, assigns or lawful successors referred to in NRS 321.331, who is entitled to any trust lands that may have been purchased by the person or his or her predecessors in interest, from the State of Nevada between March 3, 1887, and July 3, 1997, or who has a separate estate in the minerals, including any gas, coal, oil and oil shales existing in that land, arising from a conveyance or reservation of mineral rights by such an immediate or remote grantee of the State, may bring an action in the district court of this State in and for any county where those lands or any part thereof are located to determine by declaratory judgment of that court whether the State of Nevada has any rights to any minerals therein, including any oil, gas, coal and oil shales and, if possible, the extent thereof, and the State of Nevada hereby consents to the bringing of any such action.

      2.  Service of process on the State of Nevada in any such action may be secured by serving a copy of the complaint, together with a copy of the summons, on the Attorney General of the State of Nevada.

      3.  If an action is brought pursuant to this section by the holder of a separate mineral estate, the holder shall give notice of the bringing of the action, by registered or certified mail, to every record owner of the fee in any lands which are the subject of the action, but is not required to join any such owner as a party to the action. The notice must:

      (a) Be given within 5 days after the date of the filing of the complaint;

      (b) Identify the land of the owner which is affected; and

      (c) State the case number and court in which the action is brought.

      (Added to NRS by 1963, 98; A 1975, 613; 1997, 967)

      NRS 321.333  Option of plaintiff to purchase interest of State in minerals.

      1.  If in an action authorized by NRS 321.332 it is determined that the State of Nevada has any interest in any minerals in the lands which are the subject of the action, except the royalty provided for in NRS 321.300, any person or his or her heirs, assigns or lawful successors bringing the action as plaintiff has the option for 1 year after the entry of final judgment in that action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in those lands, except the royalty authorized by NRS 321.300, at the fair market value of the mineral interest as determined by the Division.

      2.  If the option is exercised, payment for that mineral interest must be made to the State Land Registrar in cash within the period of the option and deposited in the fund which was the original beneficiary of those lands, and the State Land Registrar shall, upon the payment of the option price, deliver to the purchaser a deed from the State of Nevada conveying all of the State’s interest in the minerals in the lands involved in that action, except the royalty provided for in NRS 321.300.

      (Added to NRS by 1963, 98; A 1975, 99; 1997, 968; 1999, 168)

SALES AFTER APRIL 1, 1957

      NRS 321.335  Procedure.

      1.  Except as otherwise provided in NRS 321.008, 321.125, 321.402 to 321.418, inclusive, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, the State Land Registrar may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

      3.  Before offering any land for sale or lease, the State Land Registrar shall comply with the provisions of NRS 321.007.

      4.  After complying with the provisions of NRS 321.007, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as the State Land Registrar deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold or leased;

      (b) A statement of the terms of sale or lease;

      (c) A statement that the land will be sold pursuant to subsection 6; and

      (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.

      6.  At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.

      7.  The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Land Registrar deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the State to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      8.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      9.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

      10.  The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      11.  If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must obtain a new appraisal of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

      (Added to NRS by 1957, 534; A 1959, 489; 1961, 717; 1965, 56; 1966, 1; 1975, 99; 1979, 166, 1792; 1981, 178; 1989, 510; 1997, 968, 2980; 2005, 1455, 2680; 2007, 2000, 2825; 2013, 2687; 2017, 648, 4121)

RESERVATIONS

      NRS 321.339  State Land Registrar may withhold land from sale.  Notwithstanding any other provision of law, the State Land Registrar may withhold from sale any land to which the State has acquired title by any means if those lands are required for the use of any State department, agency or institution or are specifically reserved by the State for future use or sale or whenever the State Land Registrar deems that the public interest so requires.

      (Added to NRS by 1957, 534; A 1961, 718; 1975, 101; 1997, 969)

      NRS 321.355  Rights-of-way reserved to State for public access to other land open for public use.

      1.  Before any state land may be leased, exchanged, sold or contracted for sale, the State Land Registrar, in consultation with the Department of Transportation and with counties and local governments, shall designate any existing routes over the land which the State Land Registrar determines to be necessary for public access to any other land that is open to public use. If such a route is designated, the land must be conveyed with a right-of-way and all rights of access and abutter’s rights for the route reserved in the name of the State of Nevada. Any right-of-way reserved pursuant to this subsection may, when necessary as determined by the State Land Registrar and otherwise approved as required by law, be used by a public utility pursuant to the requirements set forth in NRS 322.050 and 322.060.

      2.  After the land or interest in the land is conveyed, if the route is determined by the State Land Registrar, in consultation with the Department of Transportation and with counties and local governments, to be no longer necessary for public access to other land which is open to public use, the State Land Registrar shall, subject to the provisions of subsections 3 and 4, release the right, title and interest of the State in and to the right-of-way to the purchaser or lessee of the land, his or her assigns or successors in interest.

      3.  Before releasing the state’s interest in the right-of-way, the State Land Registrar shall cause to be published in a newspaper of general circulation in the county where the right-of-way is located a notice of intent to release that interest. The notice must be published at least 30 days before the proposed date for the release and must contain:

      (a) A description of the location of the right-of-way;

      (b) The date upon which the release is to be effective; and

      (c) The mailing address of the State Land Registrar to which persons may send protests against the proposed release.

      4.  The State Land Registrar may, or upon the receipt of a written protest against the proposed release shall, hold a public hearing. The hearing must be:

      (a) Held in the county in which the right-of-way is located; and

      (b) Advertised at least 30 days before the date of the hearing in a newspaper of general circulation in the county where the right-of-way is located.

      (Added to NRS by 1981, 339; A 1995, 642; 1997, 969; 2011, 2477)

SALE OF TIMBER

      NRS 321.385  Sale by State Land Registrar.  The State Land Registrar, after consultation with the Division of Forestry of the State Department of Conservation and Natural Resources, may:

      1.  Sell timber from any land owned by the State of Nevada which is not assigned to the Department of Wildlife.

      2.  At the request of the Director of the Department of Wildlife, sell timber from any land owned by the State of Nevada which is assigned to the Department of Wildlife. Revenues from the sale of such timber must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

      (Added to NRS by 1979, 905; A 1993, 1556; 2003, 1560; 2011, 3154; 2015, 102)

PUBLIC-PRIVATE PARTNERSHIPS FOR PRESERVATION OF HISTORIC BUILDINGS

      NRS 321.402  Definitions.  As used in NRS 321.402 to 321.418, inclusive, unless the context otherwise requires, the words and terms defined in NRS 321.404, 321.406 and 321.408 have the meanings ascribed to them in those sections.

      (Added to NRS by 2017, 4118)

      NRS 321.404  “Historic building” defined.  “Historic building” means a site, building, structure or object, including, without limitation, a landmark, or district which is eligible for or included in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places or is otherwise of historical significance.

      (Added to NRS by 2017, 4118; A 2019, 972)

      NRS 321.406  “Private partner” defined.  “Private partner” means a person with whom the State Land Registrar enters into a public-private partnership.

      (Added to NRS by 2017, 4118)

      NRS 321.408  “Public-private partnership” defined.  “Public-private partnership” means a contract entered into by the State Land Registrar and a private partner pursuant to NRS 321.412.

      (Added to NRS by 2017, 4118)

      NRS 321.412  Authority of State Land Registrar to purchase historic buildings and enter into public-private partnerships related to historic buildings; requirements for public-private partnership contracts; State Land Registrar required to consult with Office of Historic Preservation of the State Department of Conservation and Natural Resources.

      1.  To the extent that money is available in the Restore Nevada’s Treasures Revolving Account created by NRS 321.418, the State Land Registrar may purchase a historic building that has been determined by the Office of Historic Preservation of the State Department of Conservation and Natural Resources to be a historic building that is at risk of loss.

      2.  The State Land Registrar may enter into a public-private partnership with a private partner for the preservation, rehabilitation, restoration, reconstruction or adaptive reuse of a historic building purchased pursuant to subsection 1. The public-private partnership must be structured to facilitate the transfer of ownership of the historic building from the State to the private partner and repayment of the purchase price of the historic building to the State by the private partner from revenues generated by the historic building.

      3.  The contract for a public-private partnership must include, without limitation:

      (a) The rate of interest on payments;

      (b) A schedule for payments; and

      (c) A provision to ensure all money expended or advanced by the State in connection with the public-private partnership is recovered in the event of a default by the private partner.

      4.  The State Land Registrar shall consult with the Office of Historic Preservation of the State Department of Conservation and Natural Resources regarding:

      (a) Identification of historic buildings appropriate for public-private partnerships; and

      (b) The design and restoration of a historic building pursuant to a public-private partnership.

      (Added to NRS by 2017, 4119)

      NRS 321.414  Authority of State Land Registrar relating to public-private partnerships; regulations.  To carry out the provisions of NRS 321.402 to 321.418, inclusive, the State Land Registrar may:

      1.  Employ any necessary legal, financial, technical and other consultants.

      2.  Apply for grants and accept from any source any gift, grant, donation or other form of conveyance of land, money, other real or personal property or other thing of value.

      3.  Keep any proprietary information obtained by or disclosed to the State Land Registrar during the procurement or negotiation of the public-private partnership confidential.

      4.  Adopt such regulations as the State Land Registrar deems necessary.

      (Added to NRS by 2017, 4119)

      NRS 321.416  Applicability of provisions governing public property and purchasing and public works and planning to public-private partnerships; duties of State Land Registrar, private partner, contractor and subcontractor to comply with certain provisions governing employment; designation of building official for work performed.

      1.  The provisions of chapters 333, 338 and 341 of NRS do not apply to a public-private partnership, except the provisions of NRS 338.013 to 338.090, inclusive, apply to a contract to perform work in connection with the preservation, rehabilitation, restoration, reconstruction or adaptive use of a historic building pursuant to a public-private partnership. The private partner and a contractor who is awarded the contract or enters into the agreement to perform the preservation, rehabilitation, restoration, reconstruction or adaptive use of the historic building shall include in the contract or other agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive. The State Land Registrar, the private partner, any contractor who is awarded a contract or enters into an agreement to perform such work on the historic building project and any subcontractor who performs work on the historic building project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.

      2.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section of the State Public Works Division of the Department of Administration shall serve as the building official on the work performed in connection with the preservation, rehabilitation, restoration, reconstruction or adaptive use of a historic building pursuant to a public-private partnership.

      (Added to NRS by 2017, 4119)

      NRS 321.418  Restore Nevada’s Treasures Revolving Account.

      1.  The Restore Nevada’s Treasures Revolving Account is hereby created as a special account in the State General Fund.

      2.  The State Land Registrar shall deposit into the Revolving Account money received:

      (a) As a gift, grant or donation pursuant to NRS 321.414; and

      (b) From payments made by a private partner pursuant to a public-private partnership.

      3.  The State Land Registrar may use the money in the Revolving Account only for the expenses related to:

      (a) The acquisition of a historic building pursuant to NRS 321.412; and

      (b) Expenses relating to a public-private partnership.

      4.  The State Land Registrar shall:

      (a) Approve any disbursements from the Revolving Account; and

      (b) Maintain records of any such disbursement.

      5.  The balance of the Revolving Account must be carried forward at the end of each fiscal year.

      (Added to NRS by 2017, 4120)

SAGEBRUSH ECOSYSTEMS

      NRS 321.592  Division authorized to establish and carry out programs to preserve, restore and enhance sagebrush ecosystems.  Except as otherwise provided in NRS 321.594, the Division may establish and carry out programs to preserve, restore and enhance sagebrush ecosystems on public land in this State, and on privately owned land in this State with the consent of the owner of the land.

      (Added to NRS by 2013, 3382)

      NRS 321.594  Powers and duties of Administrator and Division regarding programs to improve sagebrush ecosystems; Division authorized to make certain grants and enter into certain contracts and agreements; regulations.

      1.  The Administrator of the Division shall coordinate the establishment and carrying out of a program of projects to improve sagebrush ecosystems in this State. The Division shall cooperate, without limitation, with:

      (a) The Department of Wildlife;

      (b) The State Department of Agriculture; and

      (c) The Division of Forestry of the State Department of Conservation and Natural Resources.

      2.  In carrying out the program described in subsection 1, the Division, on behalf of the Director of the State Department of Conservation and Natural Resources, shall:

      (a) Oversee and administer a program to mitigate damage to sagebrush ecosystems through a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations who take measures to protect, enhance or restore sagebrush ecosystems established by the Sagebrush Ecosystem Council created by NRS 232.162;

      (b) Identify and, if necessary, prioritize any projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of any nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;

      (c) Coordinate activities with federal agencies;

      (d) If requested, consult with persons proposing to conduct activities in any area which includes any habitat of the greater sage grouse (Centrocercus urophasianus) to suggest measures to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem;

      (e) Solicit grants and private contributions for projects to improve sagebrush ecosystems; and

      (f) On or before August 1 of each year, submit a report to the Sagebrush Ecosystem Council created by NRS 232.162. The report must include, without limitation:

             (1) A description of each project conducted or planned to be conducted pursuant to the program described in subsection 1, including the cost, source of funding and, for projects that have been carried out, the results of the project;

             (2) A description of any agreement between the Division and any person, federal or state agency, local government or nonprofit organization, including the purpose and provisions of the agreement;

             (3) A list of all grants and private contributions solicited and all grants awarded to further the purposes of the program;

             (4) A description of any significant activities conducted in any area which includes habitat of the greater sage grouse and all measures adopted to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem; and

             (5) Any other information specified by the Division or requested by the Council.

      3.  The Division may:

      (a) Enter into any agreement with a person, federal or state agency, local government or nonprofit organization to further the preservation, restoration and enhancement of sagebrush ecosystems on public land or on privately owned land with the consent of the owner of the land;

      (b) In accordance with subsection 3 of NRS 321.001, acquire and hold land and any interest in land or water required to carry out the program described in subsection 1;

      (c) Sell or lease land and any interest in land or water that the Division determines is no longer necessary to carry out the program described in subsection 1;

      (d) Within the limits of available money, award grants of money to other state agencies, local governments and nonprofit organizations to carry out the program described in subsection 1;

      (e) Adopt any regulations to carry out the provisions of this section; and

      (f) Conduct any other activities specified by the Division to carry out the program described in subsection 1.

      4.  The proceeds from the sale or lease of land or of any interest in land or water pursuant to paragraph (c) of subsection 3 must be deposited in the Account to Restore the Sagebrush Ecosystem created by NRS 232.161.

      (Added to NRS by 2013, 3382)

LAKE TAHOE

Boundary of Lake

      NRS 321.595  Boundary between bed of Lake Tahoe and adjacent lands.  The boundary between the bed of Lake Tahoe, owned by the State of Nevada in its sovereign capacity, and adjacent lands owned by others or by the State in any other capacity, is established as a line whose elevation is 6,223 feet, Lake Tahoe datum.

      (Added to NRS by 1977, 1124; A 1979, 283)

Protection of Lake Tahoe Basin

      NRS 321.5951  Account for License Plates for Support of Preservation and Restoration of Natural Environment of Lake Tahoe Basin.

      1.  The Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin is hereby created in the State General Fund. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      3.  The money in the Account must be used only for the support of programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin and must not be used to replace or supplant funding available from other sources. The Administrator may provide grants from the Account to other public agencies and nonprofit organizations to carry out the provisions of this section.

      (Added to NRS by 1997, 137; A 2019, 892)

      NRS 321.5952  Declaration of legislative intent.  The Legislature hereby finds and declares that:

      1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

      2.  Certain of the unique environmental and ecological conditions exhibited within the Lake Tahoe Basin, such as the clarity of the water in Lake Tahoe, are diminishing at an alarming rate.

      3.  This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin.

      4.  The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis.

      5.  It is in the best interest of this State to grant to the Division continuing authority to carry out programs to preserve, protect, restore and enhance the natural environment of the Lake Tahoe Basin.

      6.  The powers and duties set forth in NRS 321.5952 to 321.5957, inclusive, are intended to be exercised by the Division in a manner that complements and does not duplicate the activities of the Tahoe Regional Planning Agency.

      (Added to NRS by 1999, 2017; A 2011, 3734; 2013, 2367)

      NRS 321.5953  Division authorized to establish and carry out programs to preserve, restore and enhance Lake Tahoe Basin.  The Division may establish and carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property.

      (Added to NRS by 1999, 2018)

      NRS 321.5954  Powers and duties of Division and State Land Registrar regarding programs to preserve, restore and enhance Lake Tahoe Basin.

      1.  In carrying out a program authorized pursuant to NRS 321.5953, the Division may, as the State Land Registrar deems appropriate regarding particular parcels of land:

      (a) Acquire, from a willing owner, real property or an interest in real property in the Lake Tahoe Basin by donation, purchase or exchange;

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

      (c) Eliminate, or mitigate the effects of, development, land coverage or features or conditions of real property acquired pursuant to paragraph (a) that are detrimental to the natural environment of the Lake Tahoe Basin; and

      (d) Retire, extinguish or otherwise terminate rights to develop or place land coverage on real property acquired pursuant to paragraph (a).

      2.  The State Land Registrar may transfer real property or an 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.

      3.  Before real property or an interest in real property is transferred pursuant to this section, the State Land Registrar shall record a declaration of restrictions or deed restrictions if the State Land Registrar determines that such restrictions are necessary to protect the public interest.

      4.  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.

      5.  Notwithstanding any other provision of law, a person shall not acquire, disturb or use real property or an interest in real property acquired by this State pursuant to this section unless the person first obtains written authorization from the State Land Registrar.

      6.  As used in this section:

      (a) “Interest in real property” includes, without limitation:

             (1) An easement for conservation as that term is defined in NRS 111.410;

             (2) The right to develop the real property;

             (3) The right to place land coverage on the real property; and

             (4) Such other easements or rights as are appurtenant to the real property.

      (b) “Land coverage” means a covering over or compaction of the natural surface of the ground that prevents water from percolating into the ground.

      (Added to NRS by 1999, 2018)

      NRS 321.5956  Division authorized to enter into certain agreements; State Land Registrar authorized to make certain grants and enter into certain contracts and agreements.  In carrying out the provisions of NRS 321.5952 to 321.5957, inclusive:

      1.  The Division may, as the State Land Registrar deems appropriate, cooperate and enter into agreements with state and federal agencies, local governments, nonprofit organizations and other persons or entities to carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property.

      2.  The State Land Registrar may, within the limits of available money, make grants to other state agencies, local governments and nonprofit organizations formed for educational or charitable purposes. A local government that receives grant money pursuant to this subsection may, with the approval of the State Land Registrar, enter into a contract or other agreement with another local government, a nonprofit organization or another person or entity pursuant to which the local government disburses the grant money to the other local government, nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin.

      3.  The State Land Registrar may, within the limits of available money, enter into a contract or other agreement with a nonprofit organization that is not formed for educational or charitable purposes or another person or entity to pay the reasonable costs incurred by the nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin. In entering such a contract or agreement, the State Land Registrar shall ensure that:

      (a) Public money is only expended for public purposes; and

      (b) The public interest is protected adequately.

      (Added to NRS by 1999, 2019; A 2001, 367)

      NRS 321.5957  Regulations.  The State Land Registrar may adopt regulations as the State Land Registrar deems necessary to carry out the provisions of NRS 321.5952 to 321.5957, inclusive.

      (Added to NRS by 1999, 2019)

MANAGEMENT OF CERTAIN PUBLIC LANDS

      NRS 321.596  Legislative findings.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.5963  Definitions.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.5967  Board of Review: Creation; composition; Chair; meetings; quorum; compensation; duties and powers.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.597  Division to hold and manage public lands; regulations; employment of personnel.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.5973  Public lands and minerals are property of State; rights and privileges under federal laws to be preserved; administration of land to conform with treaties and compacts.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.5977  Objectives in administering public lands.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.598  Disposal of public lands: Legislative authorization required; State Land Registrar may dispose of lands to same extent and in same manner as Federal Government; deposit of proceeds.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.5983  Unauthorized disposal of public lands void; State authorization required for use, management or disposal of public lands; injunctions; action to recover consideration received from unlawful disposition of public land.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.5987  Procedure for appealing decision of State Land Registrar to Board of Review; hearing.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.599  Enforcement of NRS 321.596 to 321.599, inclusive, by Attorney General.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

PUBLIC LAND TRUST FUND

      NRS 321.601  Creation; payments to local governments in lieu of taxes on public lands.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

LEASE OR PURCHASE OF FEDERAL LANDS FOR PUBLIC AND RECREATIONAL PURPOSES

      NRS 321.605  Declaration of legislative intent.  The intent of the Legislature in the enactment of this section and NRS 321.610 is to provide an orderly procedure for the processing of applications by the State, its agencies and political subdivisions for lease or purchase of public lands pursuant to the provisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended, and to aid the applicant and the Bureau of Land Management by requiring the State Land Registrar to examine the propriety and correctness of the applications submitted to the State Land Registrar pursuant to subsections 1 and 5 of NRS 321.610 before the applications are filed with the Bureau of Land Management.

      (Added to NRS by 1960, 113; A 1975, 102; 1997, 970)

      NRS 321.610  Applications for lease or purchase by State and political subdivisions submitted to State Land Registrar: Duties of State Land Registrar.

      1.  All applications to the Bureau of Land Management by the State filed on behalf of a state agency except:

      (a) The Department of Transportation;

      (b) The Nevada System of Higher Education; or

      (c) The Legislature,

Ę to lease or purchase lands pursuant to the provisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended, must be submitted to the State Land Registrar for approval.

      2.  The State Land Registrar shall:

      (a) Examine those applications and determine whether they are in proper form, contain the required information and are accompanied by the required fees;

      (b) Determine from the records of the Bureau of Land Management whether the lands to be leased or purchased are subject to disposition pursuant to the Act; and

      (c) File each application the State Land Registrar approves with the Bureau of Land Management.

      3.  If the State Land Registrar denies an application submitted pursuant to subsection 1, the State Land Registrar shall mail a written notice of the denial to the state agency within 7 days after the application is denied. The notice must include a statement that sets forth:

      (a) The reason the application was denied; and

      (b) Any conditions that the state agency must satisfy before the State Land Registrar will approve the application.

      4.  If the state agency satisfies the conditions set forth in the notice, the State Land Registrar shall approve the application and file it with the Bureau of Land Management.

      5.  The Department of Transportation, the Nevada System of Higher Education, the Legislature or a political subdivision of the State may request the assistance of the State Land Registrar in filing an application with the Bureau of Land Management to lease or purchase lands pursuant to the provisions of the Recreation and Public Purposes Act of 1926, 44 Stat. 741, as amended. The State Land Registrar shall provide the assistance requested, including, but not limited to, an examination of any application submitted to the State Land Registrar for his or her review. The State Land Registrar shall, upon the completion of the examination, return the application to the Department of Transportation, the Nevada System of Higher Education, the Legislature or the political subdivision for filing with the Bureau of Land Management.

      (Added to NRS by 1960, 113; A 1975, 102; 1997, 970)

STATE PLANNING OF USE OF LAND

General Provisions

      NRS 321.640  Legislative findings and declaration.  The Legislature hereby finds and declares that:

      1.  It is in the public interest to place the primary authority for the planning process with the local governments, which are closest to the people;

      2.  Unregulated growth and development of the State will result in harm to the public safety, health, comfort, convenience, resources and general welfare;

      3.  The cities of the State have a responsibility for guiding the development of areas within their respective boundaries for the common good, and the counties have similar responsibilities with respect to their unincorporated areas;

      4.  City, county, regional and other planning must be done in harmony to ensure the orderly growth and preservation of the State; and

      5.  State participation in land use planning should be limited to coordination of information and data, the acquisition and use of federal lands within the State, providing land use planning assistance in areas of critical environmental concern when directed by the Governor or requested by local governments, and providing assistance in resolving inconsistencies between the land use plans of local governmental entities when requested to do so by one of the entities.

      (Added to NRS by 1973, 816; A 1977, 1553; 1979, 151; 1989, 1672)

      NRS 321.655  Definitions.  As used in NRS 321.640 to 321.770, inclusive:

      1.  “Administrator” means the executive head of the Division.

      2.  “Area of critical environmental concern” means any area in this State where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.

      3.  “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 1975, 102; A 1977, 1554; 1981, 922; 1993, 389; 1997, 971; 1999, 1376; 2021, 562)

State Land Use Planning Agency

      NRS 321.700  Creation.  In addition to any other functions assigned to it by law, the Division is hereby designated as the State Land Use Planning Agency for the purpose of carrying out the provisions of NRS 321.640 to 321.770, inclusive, and fulfilling any land use planning requirements arising under federal law.

      (Added to NRS by 1973, 817; A 1975, 103; 1977, 1554; 1997, 972)

      NRS 321.710  Administration; technical assistance; personnel.

      1.  The Administrator shall administer the activities of the State Land Use Planning Agency. The Administrator has authority and responsibility for the development and distribution of information useful to land use planning.

      2.  The State Land Use Planning Agency may provide technical assistance to a county or city in areas where such assistance is requested.

      3.  In addition to the assistant provided by subsection 3 of NRS 321.010 the Administrator may appoint, subject to the availability of money, such professional, technical, administrative, clerical and other persons as the Administrator may require for assistance in performing his or her land use planning duties.

      (Added to NRS by 1973, 817; A 1975, 103; 1977, 1037, 1127, 1554; 2017, 650; 2021, 562)

      NRS 321.720  Duties of Administrator concerning local governments.

      1.  The Administrator shall develop and make available to cities and counties information useful to land use planning, including:

      (a) Preparation and continuing revision of a statewide inventory of the land and natural resources of the State;

      (b) Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the acquisition and use of federal lands within the State;

      (c) Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the State and of state and local programs and activities which have a land use impact of more than local concern;

      (d) Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;

      (e) Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports and soliciting of comments on reports concerning information useful to land use planning;

      (f) Coordination of planning for state and local acquisition and use of federal lands within the State, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal;

      (g) Provision of assistance to counties to develop plans, policies and programs to increase the involvement of local governments in the coordinated management of lands in the State of Nevada that are under federal management; and

      (h) Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.

      2.  To the extent practicable, the Administrator shall:

      (a) Compile any information developed pursuant to subsection 1; and

      (b) Make the compilation available to cities and counties.

      (Added to NRS by 1973, 817; A 1975, 103; 1977, 1554; 1989, 1672; 1997, 1031; 2017, 650; 2021, 563)

      NRS 321.735  Powers and duties concerning federal lands; action by certain cities and counties not precluded.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.7353  Notice of federal acquisition of private land to be provided to affected cities and counties; submission of written comment.

      1.  Upon receipt of a notice of realty action from the United States concerning the purchase by the Federal Government of private land or the exchange of public land for private land, the State Land Use Planning Agency shall give written notice of the proposed action to the governing body of each county or city affected within 1 week after its receipt of the notice.

      2.  The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assessed valuation, to the State Land Use Planning Agency within 30 days after receipt of the notice.

      3.  If the State Land Use Planning Agency elects to submit written comment to the Federal Government upon the realty action, it may include in its submission any comments it received pursuant to subsection 2.

      (Added to NRS by 1999, 1376; A 2021, 563)

      NRS 321.7355  Authority to prepare plan or statement of policy concerning lands under federal management.

      1.  The State Land Use Planning Agency may prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the administration of lands in the State of Nevada that are under federal management. The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

      2.  The State Land Use Planning Agency shall:

      (a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;

      (b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council and the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources; and

      (c) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.

      3.  Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or statements of policy to the Governor, the Legislature, the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:

      (a) The Land Use Planning Advisory Council; and

      (b) The Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources.

      4.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.

      (Added to NRS by 1983, 1882; A 1989, 1673; 1995, 643; 1997, 1032, 3251; 2011, 2478; 2013, 1620; 2021, 564, 2526)

State Consent to Federal Use of Public Land

      NRS 321.736  Hearings and recommendations of local planning agencies.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.737  Transfer or referral of certain applications to State Engineer.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.738  Hearing and recommendation of State Agency.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

      NRS 321.739  Grant or denial of consent by Governor.  Repealed. (See chapter 133, Statutes of Nevada 2021, at page 565.)

 

Land Use Planning Advisory Council

      NRS 321.740  Creation; appointment, number, nominations, terms and expenses of members.

      1.  The Land Use Planning Advisory Council is hereby created. The Advisory Council consists of:

      (a) Eighteen voting members appointed by the Governor, as follows:

             (1) One member from each county in this State who represents that county; and

             (2) One member who represents the Nevada Indian Commission.

      (b) One nonvoting member appointed by the Nevada Association of Counties, or its successor organization.

      (c) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.

      2.  The provisions of subsection 6 of NRS 232A.020 do not apply to members of the Advisory Council who also serve as county commissioners, and the Governor may appoint any such member of the Advisory Council to one other board, commission or similar body.

      3.  Each board of county commissioners and the Nevada Indian Commission shall, at least 30 days before the beginning of any term of the representative of the county or the Nevada Indian Commission, or within 30 days after the position of that representative becomes vacant, submit to the Governor the name of its nominee or a list of the names of not more than three nominees who are elected officials or other representatives of the county or of the Nevada Indian Commission, as applicable, for the position to be filled. If a board of county commissioners or the Nevada Indian Commission submits the names of two or more nominees, the board or the Nevada Indian Commission, as applicable, shall number its nominees in order of preference. That order of preference is not binding upon the Governor. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees.

      4.  If:

      (a) A board of county commissioners fails to submit the name of its nominee or a list of nominees within the time required by this subsection or subsection 3, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county.

      (b) The Nevada Indian Commission fails to submit the name of its nominee or a list of nominees within the time required by subsection 3, the Governor may appoint any resident of the State who has experience working with tribal governments in this State and who has knowledge of natural resource issues pertaining to tribal lands in this State as the representative of the Nevada Indian Commission.

      (c) A board of county commissioners or the Nevada Indian Commission has timely submitted the name of its nominee or a list of nominees pursuant to subsection 3 and the Governor fails to appoint a person so nominated:

             (1) If one person has been nominated, that person; or

             (2) If two or more persons have been nominated, the person listed by the board or the Nevada Indian Commission, as applicable, first in order of preference,

Ę shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board or the Nevada Indian Commission, as applicable, in writing that none of its nominees will be appointed to the Advisory Council. Within 30 days after the date of any such notice, the board or the Nevada Indian Commission, as applicable, shall submit to the Governor the name of a new nominee or a list of new nominees.

      5.  Except as otherwise provided in this subsection, each voting member serves a term of 3 years. If a voting member appointed pursuant to subparagraph (1) of paragraph (a) of subsection 1 is an elected official of the county that he or she represents on the Advisory Council and he or she does not become a candidate for reelection or is defeated for reelection, the board of county commissioners of that county may end the person’s membership on the Advisory Council before the expiration of his or her 3-year term. If the board of county commissioners ends the person’s membership on the Advisory Council pursuant to this subsection:

      (a) That person’s membership on the Advisory Council ends on the date on which his or her term of office as an elected official of the county ends; and

      (b) A vacancy exists in the membership of the Advisory Council that must be filled for the remainder of the unexpired term pursuant to subsection 3 or 4, as applicable.

      6.  Any voting member is eligible for reappointment to the Advisory Council.

      7.  The nonvoting members of the Advisory Council serve at the pleasure of the appointing authority.

      8.  At its first meeting each year, the Advisory Council shall elect a Chair and Vice Chair from among its voting members.

      9.  A majority of the voting members of the Advisory Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Council.

      10.  A board of county commissioners may provide that, while engaged in the business of the Advisory Council, a voting member of the Advisory Council is entitled to receive from the county he or she represents the per diem allowance and travel expenses provided by law for state officers and employees generally.

      (Added to NRS by 1973, 819; A 1977, 1191, 1478, 1556; 2013, 342; 2021, 3398)

      NRS 321.750  Duties.  The Land Use Planning Advisory Council shall:

      1.  Advise the Administrator on the development and distribution to cities and counties of information useful to land use planning.

      2.  Advise the State Land Use Planning Agency regarding the development of plans and statements of policy pursuant to subsection 1 of NRS 321.7355.

      3.  Work cooperatively with the Attorney General and the Nevada Association of Counties as required pursuant to subsection 3 of NRS 405.204.

      4.  Advise any federal or state agency or local government on land use planning and policy, including, without limitation, developing a statement of policy, drafting a resolution or providing formal comment on land use planning policies and land management projects of any federal or state agency or local government.

      5.  Assist and advise in the resolution of inconsistencies in land use plans, if requested.

      6.  Make recommendations related to areas of critical environmental concern pursuant to NRS 321.770.

      (Added to NRS by 1973, 819; A 1975, 105; 1977, 1556; 1997, 1033; 2015, 2634; 2021, 3399)

      NRS 321.755  Executive Council.

      1.  The Executive Council of the Land Use Planning Advisory Council is hereby created to resolve inconsistencies between the land use plans of local government entities.

      2.  The Executive Council consists of the Administrator and four persons selected by the Land Use Planning Advisory Council from among its members. To the extent practicable, the members selected to serve on the Executive Council must be representative of the various geographic areas of this State. Each member of the Executive Council shall serve for 2-year terms.

      (Added to NRS by 1977, 1552; A 1979, 151; 2015, 375)

Resolution of Inconsistencies in Local Plans

      NRS 321.761  Technical assistance; submission of matter to Executive Council.

      1.  If an inconsistency in land use plans develops between two or more adjacent or overlapping local government entities which cannot be resolved between them, one or more of them may request the State Land Use Planning Agency to study and assist in resolving the inconsistency.

      2.  Upon receipt of such a request the Administrator shall convene a meeting of all the affected entities and shall provide technical assistance and advice in resolving the inconsistency.

      3.  If, after subsequent meetings over a reasonable period of time as determined by the Administrator, the affected entities cannot resolve the inconsistency, the matter shall be submitted to the Executive Council of the Land Use Planning Advisory Council for a decision.

      (Added to NRS by 1977, 1552)

      NRS 321.763  Duties of State Agency; adoption, enforcement and expiration of plans and regulations.

      1.  When an inconsistency in land use plans is submitted for decision, the Executive Council may direct the staff of the State Land Use Planning Agency to conduct studies, assemble information and prepare proposals for alternative courses of action if necessary.

      2.  The Executive Council shall conduct public hearings in the affected areas before arriving at a decision in the matter.

      3.  In rendering its decision, the Executive Council may sustain the position of one or more of the local government entities involved or prescribe its own land use plan for the area of inconsistency. The Executive Council may adopt land use regulations to carry out its decision.

      4.  All land use plans and regulations adopted by the Executive Council pursuant to this section supersede inconsistent plans and regulations of the affected local government entities, but the local government entities are responsible for enforcing the plans and regulations of the Executive Council.

      5.  In the event of noncompliance with such plans or regulations, any affected local government entity may bring an action to obtain injunctive relief against such noncompliance.

      6.  The Executive Council, upon petition from all of the affected local government entities or on its own motion, may determine the expiration date of the plans and regulations imposed pursuant to this section.

      (Added to NRS by 1977, 1552; A 1979, 152)

Planning for Areas of Critical Environmental Concern

      NRS 321.770  Duties of Administrator and Land Use Planning Advisory Council.

      1.  The State Land Use Planning Agency shall provide assistance in land use planning for areas of critical environmental concern:

      (a) When the Governor directs that the Agency review and assist in land use planning for an area the Governor finds to be of critical environmental concern.

      (b) When one or more local government entities request that the Agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.

      2.  Upon receipt of a directive or a request pursuant to subsection 1, the Administrator shall study the problems of the area described and meet with the affected local government entities to receive their initial comments and recommendations. The Administrator shall then submit the matter of planning for the area of critical environmental concern to the Land Use Planning Advisory Council for consideration and recommendation.

      3.  The Land Use Planning Advisory Council shall include in its procedures one or more public hearings upon notice given by at least one publication at least 10 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.

      4.  Following completion of the hearings and consideration of other information, the Land Use Planning Advisory Council shall make its final recommendations for land use planning policies in the area of critical environmental concern. The recommendations may include proposed land use regulations to carry out such policies.

      5.  No land use regulation adopted by the Land Use Planning Advisory Council pursuant to this section may become effective without the approval of the Governor.

      (Added to NRS by 1973, 820; A 1975, 105; 1977, 1556; 2015, 375; 2021, 3400)