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 and 3 of this act.

1-3 Sec. 2. A person who performs an act with respect to the use,

1-4 management or disposal of any of the public lands in this state, other

1-5 than as an agent of this state, is guilty of a gross misdemeanor.

1-6 Sec. 3. A person aggrieved by a violation of section 2 of this act may

1-7 commence a civil action against the violator to recover damages suffered

1-8 as a proximate result of the violation and is entitled to recover $20,000 or

1-9 treble the amount of his actual damages, whichever is greater, plus his

1-10 costs and reasonable attorney’s fees in the action.

1-11 Sec. 4. NRS 321.596 is hereby amended to read as follows:

1-12 321.596 The legislature finds that:

1-17 unappropriated public land within its boundaries;

2-1 (b) From 1850 to 1894, newly admitted states received 2 sections of

2-2 each township for the benefit of common schools, which in Nevada

2-3 amounted to 3.9 million acres;

2-4 (c) In 1880 Nevada agreed to exchange its 3.9-million-acre school grant

2-5 for 2 million acres of its own selection from public land in Nevada held by

2-6 the Federal Government;

2-7 (d) At the time the exchange was deemed necessary because of an

2-8 immediate need for public school revenues and because the majority of the

2-9 original federal land grant for common schools remained unsurveyed and

2-10 unsold;

2-11 (e) Unlike certain other states, such as New Mexico, Nevada received

2-12 no land grants from the Federal Government when Nevada was a territory;

2-13 (f) Nevada received no land grants for insane asylums, schools of

2-14 mines, schools for the blind and deaf and dumb, normal schools, miners’

2-15 hospitals or a governor’s residence as did states such as New Mexico; and

2-16 (g) Nevada thus received the least amount of land, 2,572,478 acres, and

2-17 the smallest percentage of its total area, 3.9 percent, of the land grant states

2-18 in the Far West admitted after 1864, while states of comparable location

2-19 and soil, namely Arizona, New Mexico and Utah, received approximately

2-20 11 percent of their total area in federal land grants.

2-21 2. The State of Nevada has a legal claim to the public land retained by

2-22 the Federal Government within Nevada’s borders because:

2-23 (a) In the case of the State of Alabama, a renunciation of any claim to

2-24 unappropriated lands similar to that contained in the ordinance adopted by

2-25 the Nevada constitutional convention was held by the Supreme Court of

2-26 the United States to be "void and inoperative" because it denied to

2-27 Alabama "an equal footing with the original states" in Pollard v. Hagan, 44

2-28 U.S. (3 How.) 212 (1845);

2-29 (b) In Coyle v. Smith, 221 U.S. 559 (1911), the Supreme Court of the

2-30 United States expressly affirmed the "equal footing" doctrine as

2-31 enunciated in Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845), holding

2-32 that to ensure equality among the states, the legislature of the State of

2-33 Oklahoma had the power to locate, change and appropriate money for its

2-34 own seat of government and that the Congress of the United States could

2-35 not, through the Enabling Act of June 16, 1906, ch. 335, 34 Stat. 267,

2-36 require the State of Oklahoma to erect its seat of government in a

2-37 location designated by Congress;

2-38 (c) The State of Texas, when admitted to the Union in 1845, retained

2-39 ownership of all unappropriated land within its borders, setting a further

2-40 precedent which inured to the benefit of all states admitted later "on an

2-41 equal footing"; and

2-42 [(c)] (d) The Northwest Ordinance of 1787, adopted into the

2-43 Constitution of the United States by the reference of Article VI to prior

3-1 engagements of the Confederation, first proclaimed the "equal footing"

3-2 doctrine, and the Treaty of Guadalupe Hidalgo, by which the territory

3-3 including Nevada was acquired from Mexico and which is "the supreme

3-4 law of the land" by virtue of Article VI, affirms it expressly as to the new

3-5 states to be organized therein.

3-6 3. The exercise of broader control by the State of Nevada over the

3-7 public lands within its borders would be of great public benefit because:

3-8 (a) Federal holdings in the State of Nevada constitute 86.7 percent of

3-9 the area of the state, and in Esmeralda, Lincoln, Mineral, Nye and White

3-10 Pine counties the Federal Government controls from 97 to 99 percent of

3-11 the land;

3-12 (b) Federal jurisdiction over the public domain is shared among 17

3-13 federal agencies or departments which adds to problems of proper

3-14 management of land and disrupts the normal relationship between a state,

3-15 its residents and its property;

3-16 (c) None of the [federal] federally administered lands in Nevada are

3-17 taxable and Federal Government activities are extensive and create a tax

3-18 burden for the private property owners of Nevada who must meet the

3-19 needs of children of Federal Government employees, as well as provide

3-20 other public services;

3-21 (d) Under general land laws only 2.1 percent of federal lands in Nevada

3-22 have moved from federal control to private ownership;

3-23 (e) Federal administration of the retained public lands, which are vital

3-24 to the livestock and mining industries of the state and essential to meet the

3-25 recreational and other various uses of its citizens, has been of uneven

3-26 quality and sometimes arbitrary and capricious; and

3-27 (f) Federal administration of the retained public lands has not been

3-28 consistent with the public interest of the people of Nevada because the

3-29 Federal Government has used those lands for armament and nuclear testing

3-30 thereby rendering many parts of the land unusable and unsuited for other

3-31 uses and endangering the public health and welfare.

3-32 4. The intent of the framers of the Constitution of the United States

3-33 was to guarantee to each of the states sovereignty over all matters within

3-34 its boundaries except for those powers specifically granted to the United

3-35 States as agent of the states.

3-36 5. The attempted imposition upon the State of Nevada by the Congress

3-37 of the United States of a requirement in the enabling act that Nevada

3-38 "disclaim all right and title to the unappropriated public lands lying within

3-39 said territory," as a condition precedent to acceptance of Nevada into the

3-40 Union, was an act beyond the power of the Congress of the United States

3-41 and is thus void.

4-1 6. The purported right of ownership and control of the public lands

4-2 within the State of Nevada by the United States is without foundation and

4-3 violates the clear intent of the Constitution of the United States.

4-4 7. The exercise of such dominion and control of the public lands

4-5 within the State of Nevada by the United States works a severe, continuous

4-6 and debilitating hardship upon the people of the State of Nevada.

4-7 8. The State of Nevada, in enacting NRS 321.596 to 321.599,

4-8 inclusive, as amended by this act, and sections 2 and 3 of this act, is

4-9 acting as a sovereign state to enforce within its borders the provisions of

4-10 the Constitution of the United States. In so acting, it is subject only to the

4-11 original jurisdiction of the Supreme Court of the United States.

4-12 Sec. 5. NRS 321.5963 is hereby amended to read as follows:

4-13 321.5963 As used in NRS 321.596 to 321.599, inclusive, and sections

4-29 reservations.

4-30 Sec. 6. NRS 321.5967 is hereby amended to read as follows:

4-31 321.5967 [1. There is hereby created a board of review composed of:

4-42 (g) The chairman of the state environmental commission;

5-1 (h) The administrator of the division of agriculture of the department of

5-2 business and industry;

5-3 (i) The chairman of the board of wildlife commissioners; and

5-4 (j) The administrator of the office of historic preservation of the

5-5 department of museums, library and arts.

5-6 2. The chairman of the state environmental commission shall serve as

5-7 chairman of the board.

5-8 3. The board shall meet at such times and places as are specified by a

5-9 call of the chairman. Six members of the board constitute a quorum. The

5-10 affirmative vote of a majority of the board members present is sufficient

5-11 for any action of the board.

5-12 4. Except as otherwise provided in this subsection, the members of the

5-13 board serve without compensation. The chairman of the state

5-14 environmental commission and the chairman of the board of wildlife

5-15 commissioners are entitled to receive a salary of not more than $80, as

5-16 fixed by the board, for each day’s attendance at a meeting of the board.

5-17 5. While engaged in the business of the board, each member and

5-18 employee of the board is entitled to receive the per diem allowance and

5-19 travel expenses provided for state officers and employees generally.

5-20 6. The board:

5-21 (a)] In addition to any other duties assigned to it by law, the land use

5-22 planning council, created pursuant to NRS 321.740:

5-23 1. Shall review and approve or disapprove all regulations proposed by

5-24 the state land registrar pursuant to NRS 321.597.

5-25 [(b)] 2. May review any decision of the state land registrar made

5-26 pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken

5-27 pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

5-28 [(c)] 3. Shall review any plan or statement of policy concerning the

5-29 use of lands in Nevada under federal management which is submitted by

5-30 the state land use planning agency.

5-31 Sec. 7. NRS 321.597 is hereby amended to read as follows:

5-32 321.597 1. The division shall hold the public lands of the state in

5-43 registrar may contract for or employ such professional and clerical

6-1 personnel as are needed to carry out his functions. Any contract for

6-2 professional services must be approved by the state board of examiners and

6-3 any money necessary to compensate those persons must be approved for

6-4 expenditure by the legislature or the interim finance committee.

6-5 Sec. 8. NRS 321.5973 is hereby amended to read as follows:

6-6 321.5973 1. Subject to existing rights [,] and privileges, all public

6-42 free of charge and the rights of residents of this state to use wood, stone,

7-1 gravel and clay free of charge if the wood, stone, gravel and clay is not

7-2 sold commercially.

7-3 Sec. 9. NRS 321.598 is hereby amended to read as follows:

7-4 321.598 1. Except as otherwise provided in [subsection 2,]

7-24 treasurer for credit to the state general fund.

7-25 Sec. 10. NRS 321.5987 is hereby amended to read as follows:

7-26 321.5987 1. Any person who is aggrieved by a decision of the state

7-43 3. Any hearing held by the [board] council must be informal.

8-1 4. The state land registrar or his representative shall present at the

8-2 hearing the facts considered in reaching his decision. The appellant or his

8-3 representative may present matters in support of his contention that the

8-4 state land registrar’s decision exceeds his authority.

8-5 5. If the appellant does not appear in person or by representative, the

8-6 [board] council may consider the matters set forth in his letter of appeal

8-7 and may dismiss the appeal or take any other action which it finds to be

8-8 reasonable and proper.

8-9 6. The [board] council shall issue its order as soon as practicable after

8-10 conducting the hearing. The order of the [board] council is a final decision

8-11 in a contested case.

8-12 Sec. 11. NRS 321.599 is hereby amended to read as follows:

8-13 321.599 The attorney general may initiate an action or defend [any]

8-20 attorney of the appropriate county may do so.

8-21 Sec. 12. NRS 321.7355 is hereby amended to read as follows:

8-22 321.7355 1. The state land use planning agency shall prepare, in

8-43 advisory board on natural resources and any committees of the legislature

9-1 or subcommittees of the legislative commission that deal with matters

9-2 concerning the public lands;

9-3 (c) On or before February 1 of each odd-numbered year, prepare and

9-4 submit a written report to the legislature concerning any activities engaged

9-5 in by the agency pursuant to the provisions of this section during the

9-6 immediately preceding biennium, including, without limitation:

9-7 (1) The progress and any results of its work; or

9-8 (2) Any plans or statements of policy prepared pursuant to this

9-9 section; and

9-10 (d) Provide written responses to written comments received from a

9-11 county or city upon the various matters treated in a proposed plan or

9-12 statement of policy.

9-13 4. Whenever the state land use planning agency prepares plans or

9-14 statements of policy pursuant to subsection 1 and submits those plans or

9-15 policy statements to the governor, legislature or an agency of the Federal

9-16 Government, the state land use planning agency shall include with each

9-17 plan or statement of policy the comments and recommendations of:

9-18 (a) The land use planning [advisory] council;

9-19 (b) The advisory board on natural resources; and

9-20 (c) Any committees of the legislature or subcommittees of the

9-21 legislative commission that deal with matters concerning the public lands.

9-22 5. A plan or statement of policy must be approved by the governing

9-23 bodies of the county and cities affected by it before it is put into effect.

9-24 Sec. 13. NRS 321.740 is hereby amended to read as follows:

9-25 321.740 1. The land use planning [advisory] council, consisting of

9-41 present at a meeting is sufficient to take any action of the council.

10-1 5. The members of the council are entitled to receive a salary of not

10-2 more than $80, as fixed by the council, for each day or portion of a day

10-3 of attendance at a meeting of the council.

10-4 6. While engaged in the business of the council, each member and

10-5 any person employed by the council is entitled to receive the travel

10-6 expenses and subsistence allowances [provided by law for their positions

10-7 from the local political subdivisions.] as provided for state officers and

10-8 employees generally.

10-9 Sec. 14. NRS 321.750 is hereby amended to read as follows:

10-10 321.750 The land use planning [advisory] council shall:

10-15 NRS 321.7355.

10-16 Sec. 15. NRS 321.755 is hereby amended to read as follows:

10-17 321.755 1. The executive council of the land use planning [advisory]

10-24 terms.

10-25 Sec. 16. NRS 321.761 is hereby amended to read as follows:

10-26 321.761 1. If an inconsistency in land use plans develops between

10-37 of the land use planning [advisory] council for a decision.

10-38 Sec. 17. NRS 321.770 is hereby amended to read as follows:

10-39 321.770 1. The state land use planning agency shall provide

10-42 use planning for an area he finds to be of critical environmental concern.

11-1 (b) When one or more local government entities request that the agency

11-2 advise and assist in land use planning for an area which affects them and

11-3 which they consider to be of critical environmental concern.

11-4 2. Upon receipt of a directive or a request pursuant to subsection 1, the

11-5 administrator shall study the problems of the area described and meet with

11-6 the affected local government entities to receive their initial comments and

11-7 recommendations. He shall then submit the matter of planning for the area

11-8 of critical environmental concern to the executive council of the land use

11-9 planning [advisory] council for consideration and recommendation.

11-10 3. The executive council shall include in its procedures one or more

11-11 public hearings upon notice given by at least one publication at least 20

11-12 days before the hearing in a newspaper or combination of newspapers

11-13 having general circulation throughout the area affected and each city and

11-14 county any portion of whose territory lies within [such] that area. The

11-15 notice [shall] must state with particularity the subject of the hearing.

11-16 4. Following completion of the hearings and consideration of other

11-17 information, the executive council shall make its final recommendations

11-18 for land use planning policies in the area of critical environmental concern.

11-19 The recommendations may include proposed land use regulations to carry

11-20 out [such] the policies.

11-21 5. No land use regulation adopted by the executive council pursuant to

11-22 this section may become effective without the approval of the governor.

11-23 Sec. 18. NRS 328.500 is hereby amended to read as follows:

11-24 328.500 1. The legislature finds that more than 87 percent of the

11-42 3. The attorney general may bring an action pursuant to this section if:

12-1 (a) The legislature has appropriated sufficient money for the operation

12-2 of his office to permit him to bring and maintain the action until its

12-3 conclusion; or

12-4 (b) He has obtained the permission:

12-5 (1) From the legislature, if it is in session, expressed by a concurrent

12-6 resolution; or

12-7 (2) If the legislature is not in session, from the interim finance

12-8 committee.

12-9 4. As used in this section, "public lands" means all lands within the

12-10 exterior boundaries of the State of Nevada , including lands managed or

12-11 controlled by the Bureau of Land Management, except lands:

12-12 (a) To which title is held by any private person or entity;

12-13 (b) To which title is held by the State of Nevada, any of its local

12-14 governments or the University and Community College System of Nevada;

12-15 (c) Which are located within congressionally authorized national parks,

12-16 monuments, national forests or wildlife refuges or which are lands

12-17 acquired by purchase consented to by the legislature;

12-18 (d) Which are lawfully controlled by the United States Department of

12-19 Defense, the Department of Energy or the Bureau of Reclamation; or

12-20 (e) Which are held in trust for Indian purposes or are Indian

12-21 reservations.

12-22 Sec. 19. The amendatory provisions of section 2 of this act do not

12-23 apply to offenses that were committed before the effective date of this act.

12-24 Sec. 20. This act becomes effective upon passage and approval.