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. There are various unique and irreplaceable sites in this state of

1-5 archeological or historical significance.

1-6 2. Certain of these sites are in danger of degradation and destruction

1-7 from the encroachment of urban development.

1-8 3. This state has a compelling interest in preserving, protecting,

1-9 restoring and enhancing these sites.

1-10 4. The preservation, protection, restoration and enhancement of

1-11 these sites is a matter of such significance that it must be carried out on a

1-12 continual basis.

1-13 5. It is in the best interest of this state to grant to the division

1-14 continuing authority to carry out programs to preserve, protect, restore

1-15 and enhance such unique and irreplaceable sites in this state.

2-1 Sec. 3. The division, in cooperation with the office of historic

2-2 preservation of the department of museums, library and arts, may

2-3 establish and carry out programs to preserve, protect, restore and

2-4 enhance unique archeological or historical sites in this state, including,

2-5 without limitation, programs to:

2-6 1. Prevent and mitigate the detrimental effects of urban development

2-7 that affect such sites;

2-8 2. Prevent and control the degradation and destruction of such sites;

2-9 3. Preserve, protect, restore and enhance the unique character of

2-10 such sites; and

2-11 4. Acquire and manage real property and interests in real property

2-12 for the preservation and protection of such sites.

2-13 Sec. 4. 1. In carrying out a program authorized pursuant to

2-14 section 3 of this act, the division may, as the state land registrar deems

2-15 appropriate regarding particular parcels of land:

2-16 (a) Acquire real property or an interest in real property in this state by

2-17 donation, purchase or exchange;

2-18 (b) Transfer real property or an interest in real property in this state

2-19 by sale, lease or exchange;

2-20 (c) Eliminate, or mitigate the effects of, urban development, or

2-21 features or conditions of real property acquired pursuant to paragraph

2-22 (a) that are detrimental to the unique archeological or historical sites in

2-23 this state; and

2-24 (d) Retire, extinguish or otherwise terminate rights to develop real

2-25 property acquired pursuant to paragraph (a).

2-26 2. The state land registrar may transfer real property or an interest in

2-27 real property acquired pursuant to this section:

2-28 (a) To state and federal agencies, local governments and nonprofit

2-29 organizations for such consideration as the state land registrar deems to

2-30 be reasonable and in the interest of the general public.

2-31 (b) To other persons for a price that is not less than the fair market

2-32 value of the real property or interest.

2-33 3. Before real property or an interest in real property is transferred

2-34 pursuant to this section, the state land registrar shall record a declaration

2-35 of restrictions or deed restrictions if the state land registrar determines

2-36 that such restrictions are necessary to protect the public interest.

2-37 4. The state land registrar shall report quarterly to the state board of

2-38 examiners regarding the real property or interests in real property

2-39 transferred pursuant to this section.

2-40 5. Notwithstanding any other provision of law, a person shall not

2-41 acquire, disturb or use real property or an interest in real property

2-42 acquired pursuant to this section unless the person first obtains written

2-43 authorization from the state land registrar.

3-1 6. As used in this section, "interest in real property" includes,

3-2 without limitation:

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

3-4 111.410;

3-5 (b) The right to develop the real property; and

3-6 (c) Such other easements or rights as are appurtenant to the real

3-7 property.

3-8 Sec. 5. In carrying out the provisions of sections 2 to 6, inclusive, of

3-9 this act:

3-10 1. The division may, as the state land registrar deems appropriate,

3-11 cooperate and enter into agreements with state and federal agencies,

3-12 local governments, nonprofit organizations and other persons or entities

3-13 involved in the preservation and restoration of archeological or historical

3-14 sites in this state.

3-15 2. The state land registrar may, within the limits of available money,

3-16 make grants to other state agencies, local governments and nonprofit

3-17 organizations.

3-18 Sec. 6. The state land registrar may adopt such regulations as he

3-19 deems necessary to carry out the provisions of sections 2 to 6, inclusive,

3-20 of this act.

3-21 Sec. 7. This act becomes effective on July 1, 1999.