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).

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

1-2 the provisions set forth as sections 2 to 6, 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.

2-1 4. The preservation, protection, restoration and enhancement of the

2-2 natural environment of the Lake Tahoe Basin is a matter of such

2-3 significance that it must be carried out on a continual basis.

2-4 5. It is in the best interest of this state to grant to the division

2-5 continuing authority to carry out programs to preserve, protect, restore

2-6 and enhance the natural environment of the Lake Tahoe Basin.

2-7 6. The powers and duties set forth in sections 2 to 6, inclusive, of this

2-8 act are intended to be exercised by the division in a manner that

2-9 complements and does not duplicate the activities of the Tahoe Regional

2-10 Planning Agency.

2-11 Sec. 3. The division may establish and carry out programs to

2-12 preserve, restore and enhance the natural environment of the Lake

2-13 Tahoe Basin on public land and on privately owned property with the

2-14 consent of the owner of the property.

2-15 Sec. 4. 1. In carrying out a program authorized pursuant to

2-16 section 3 of this act, the division may, as the state land registrar deems

2-17 appropriate regarding particular parcels of land:

2-18 (a) Acquire, from a willing owner, real property or an interest in real

2-19 property in the Lake Tahoe Basin by donation, purchase or exchange;

2-20 (b) Transfer real property or an interest in real property in the Lake

2-21 Tahoe Basin by sale, lease or exchange;

2-22 (c) Eliminate, or mitigate the effects of, development, land coverage

2-23 or features or conditions of real property acquired pursuant to paragraph

2-24 (a) that are detrimental to the natural environment of the Lake Tahoe

2-25 Basin; and

2-26 (d) Retire, extinguish or otherwise terminate rights to develop or place

2-27 land coverage on real property acquired pursuant to paragraph (a).

2-28 2. The state land registrar may transfer real property or an interest in

2-29 real property acquired pursuant to this section:

2-30 (a) To state and federal agencies, local governments and nonprofit

2-31 organizations for such consideration as the state land registrar deems to

2-32 be reasonable and in the interest of the general public.

2-33 (b) To other persons for a price that is not less than the fair market

2-34 value of the real property or interest.

2-35 3. Before real property or an interest in real property is transferred

2-36 pursuant to this section, the state land registrar shall record a declaration

2-37 of restrictions or deed restrictions if the state land registrar determines

2-38 that such restrictions are necessary to protect the public interest.

2-39 4. The state land registrar shall report quarterly to the state board of

2-40 examiners regarding the real property or interests in real property

2-41 transferred pursuant to this section.

2-42 5. Notwithstanding any other provision of law, a person shall not

2-43 acquire, disturb or use real property or an interest in real property

3-1 acquired by this state pursuant to this section unless the person first

3-2 obtains written authorization from the state land registrar.

3-3 6. As used in this section:

3-4 (a) "Interest in real property" includes, without limitation:

3-5 (1) An easement for conservation as that term is defined in NRS

3-6 111.410;

3-7 (2) The right to develop the real property;

3-8 (3) The right to place land coverage on the real property; and

3-9 (4) Such other easements or rights as are appurtenant to the real

3-10 property.

3-11 (b) "Land Coverage" means a covering over or compaction of the

3-12 natural surface of the ground that prevents water from percolating into

3-13 the ground.

3-14 Sec. 5. In carrying out the provisions of sections 2 to 6, inclusive, of

3-15 this act:

3-16 1. The division may, as the state land registrar deems appropriate,

3-17 cooperate and enter into agreements with state and federal agencies,

3-18 local governments, nonprofit organizations and other persons or entities

3-19 involved in the preservation and restoration of the natural environment

3-20 of the Lake Tahoe Basin.

3-21 2. The state land registrar may, within the limits of available money,

3-22 make grants to other state agencies, local governments and nonprofit

3-23 organizations.

3-24 Sec. 6. The state land registrar may adopt regulations as the state

3-25 land registrar deems necessary to carry out the provisions of sections 2 to

3-26 6, inclusive, of this act.

3-27 Sec. 7. The provisions of this act apply to any program established and

3-28 carried out pursuant to the following previously enacted special acts:

3-29 1. Chapter 585, Statutes of Nevada 1985, as last amended by chapter

3-30 111, Statutes of Nevada 1989, at page 263;

3-31 2. Chapter 355, Statutes of Nevada 1993, at page 1152; and

3-32 3. Chapter 361, Statutes of Nevada 1995, at page 907,

3-33 and to any program established and carried out pursuant to sections 2 to 6,

3-34 inclusive, of this act after October 1, 1999.