Assembly Bill No. 132–Committee on Natural Resources, Agriculture and Mining

(On Behalf of Division of State Lands)

February 4, 1999

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Referred to Committee on Natural Resources, Agriculture and Mining

 

SUMMARY—Authorizes division of state lands of state department of conservation and natural resources to establish and carry out certain programs relating to Lake Tahoe Basin. (BDR 26-430)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public lands; authorizing the division of state lands of the state department of conservation and natural resources to establish and carry out certain programs relating to the Lake Tahoe Basin; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 321 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. The legislature hereby finds and declares that:

1-4 1. The Lake Tahoe Basin exhibits unique environmental and

1-5 ecological conditions that are irreplaceable.

1-6 2. Certain of the unique environmental and ecological conditions

1-7 exhibited within the Lake Tahoe Basin, such as the clarity of the water in

1-8 Lake Tahoe, are diminishing at an alarming rate.

1-9 3. This state has a compelling interest in preserving, protecting,

1-10 restoring and enhancing the natural environment of the Lake Tahoe

1-11 Basin.

1-12 4. The preservation, protection, restoration and enhancement of the

1-13 natural environment of the Lake Tahoe Basin is a matter of such

1-14 significance that it must be carried out on a continual basis.

2-1 5. It is in the best interest of this state to grant to the division

2-2 continuing authority to carry out programs to preserve, protect, restore

2-3 and enhance the natural environment of the Lake Tahoe Basin.

2-4 Sec. 3. As used in sections 2 to 7, inclusive, of this act, unless the

2-5 context otherwise requires, "land coverage" means a covering over or

2-6 compaction of the natural surface of the ground that prevents water from

2-7 percolating into the ground.

2-8 Sec. 4. The division may establish and carry out programs to

2-9 preserve, protect, restore and enhance the natural environment of the

2-10 Lake Tahoe Basin, including, without limitation, programs to:

2-11 1. Prevent and mitigate the environmentally detrimental effects of

2-12 development, land coverage and pollution;

2-13 2. Prevent and control erosion;

2-14 3. Preserve, protect, restore and enhance natural watercourses,

2-15 wetlands and wildlife habitat; and

2-16 4. Acquire and manage real property and interests in real property

2-17 for purposes of conservation.

2-18 Sec. 5. 1. In carrying out a program authorized pursuant to

2-19 section 4 of this act, the division may, as the state land registrar deems

2-20 appropriate regarding particular parcels of land:

2-21 (a) Acquire real property or an interest in real property in the Lake

2-22 Tahoe Basin by donation, purchase or exchange;

2-23 (b) Transfer real property or an interest in real property in the Lake

2-24 Tahoe Basin by sale, lease or exchange;

2-25 (c) Eliminate, or mitigate the effects of, development, land coverage or

2-26 features or conditions of real property acquired pursuant to paragraph

2-27 (a) that are detrimental to the natural environment of the Lake Tahoe

2-28 Basin; and

2-29 (d) Retire, extinguish or otherwise terminate rights to develop or place

2-30 land coverage on real property acquired pursuant to paragraph (a).

2-31 2. The state land registrar may transfer real property or an interest in

2-32 real property acquired pursuant to this section:

2-33 (a) To state and federal agencies, local governments and nonprofit

2-34 organizations for such consideration as the state land registrar deems to

2-35 be reasonable and in the interest of the general public.

2-36 (b) To other persons for a price that is not less than the fair market

2-37 value of the real property or interest.

2-38 3. Before real property or an interest in real property is transferred

2-39 pursuant to this section, the state land registrar shall record a declaration

2-40 of restrictions or deed restrictions if the state land registrar determines

2-41 that such restrictions are necessary to protect the public interest.

3-1 4. The state land registrar shall report quarterly to the state board of

3-2 examiners regarding the real property or interests in real property

3-3 transferred pursuant to this section.

3-4 5. Notwithstanding any other provision of law, a person shall not

3-5 acquire, disturb or use real property or an interest in real property

3-6 acquired pursuant to this section unless the person first obtains written

3-7 authorization from the state land registrar.

3-8 6. As used in this section, "interest in real property" includes,

3-9 without limitation:

3-10 (a) An easement for conservation as that term is defined in NRS

3-11 111.410;

3-12 (b) The right to develop the real property;

3-13 (c) The right to place land coverage on the real property; and

3-14 (d) Such other easements or rights as are appurtenant to the real

3-15 property.

3-16 Sec. 6. In carrying out the provisions of sections 2 to 7, inclusive, of

3-17 this act:

3-18 1. The division may, as the state land registrar deems appropriate,

3-19 cooperate and enter into agreements with state and federal agencies,

3-20 local governments, nonprofit organizations and other persons or entities

3-21 involved in the preservation and restoration of the natural environment

3-22 of the Lake Tahoe Basin.

3-23 2. The state land registrar may, within the limits of available money,

3-24 make grants to other state agencies, local governments and nonprofit

3-25 organizations.

3-26 Sec. 7. The state land registrar may adopt regulations as the state

3-27 land registrar deems necessary to carry out the provisions of sections 2 to

3-28 7, inclusive, of this act.

3-29 Sec. 8. The provisions of this act apply to any program established

3-30 and carried out pursuant to the following previously enacted special acts:

3-31 1. Chapter 585, Statutes of Nevada 1985, as last amended by chapter

3-32 111, Statutes of Nevada 1989, at page 263;

3-33 2. Chapter 355, Statutes of Nevada 1993, at page 1152; and

3-34 3. Chapter 361, Statutes of Nevada 1995, at page 907,

3-35 and to any program established and carried out pursuant to sections 2 to 7,

3-36 inclusive, of this act after October 1, 1999.

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