1. Assembly Bill No. 132–Committee on Natural Resources,

  1. Agriculture, and Mining

CHAPTER........

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:

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

the provisions set forth as sections 2 to 6, inclusive, of this act.

Sec. 2. 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 sections 2 to 6, inclusive, of this

act 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.

Sec. 3. 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.

Sec. 4. 1. In carrying out a program authorized pursuant to

section 3 of this act, 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.

Sec. 5. In carrying out the provisions of sections 2 to 6, inclusive, of

this act:

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

involved in the preservation and restoration of the natural environment

of the Lake Tahoe Basin.

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

make grants to other state agencies, local governments and nonprofit

organizations.

Sec. 6. The state land registrar may adopt regulations as the state

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

6, inclusive, of this act.

Sec. 7. The provisions of this act apply to any program established and

carried out pursuant to the following previously enacted special acts:

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

111, Statutes of Nevada 1989, at page 263;

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

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

and to any program established and carried out pursuant to sections 2 to 6,

inclusive, of this act after October 1, 1999.

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