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 Whereas, Many rights of way that cross public lands administered by

1-2 the Federal Government were granted pursuant to the authority of section 8

1-3 of the Act of July 26, 1866, 14 Stat. 253, formerly codified as Section

1-4 2477 of the Revised Statutes; and

1-5 Whereas, Congress explicitly recognized the continued validity of

1-6 such rights of way in subsection (a) of section 701 of the Federal Land

1-7 Policy and Management Act of 1976; and

1-8 Whereas, The Bureau of Land Management has failed to recognize the

1-9 validity of such rights of way; and

1-10 Whereas, The costs for a person individually to file a lawsuit to

1-11 identify and establish such a right of way are prohibitive; and

1-12 Whereas, The Nevada Miners and Prospectors Association has

1-13 proposed an amendment to the Federal Land Policy and Management Act

1-14 of 1976; and

2-1 Whereas, Pursuant to the amendment, the Secretary of the Interior and

2-2 the Secretary of Agriculture would be required to contract with each state

2-3 that has enacted legislation recognizing the status of such rights of way, to

2-4 provide for the identification and mapping of such rights of way within its

2-5 borders; and

2-6 Whereas, Pursuant to the amendment, the Secretary of the Interior and

2-7 the Secretary of Agriculture would be required to recognize the validity of

2-8 such rights of way for all purposes under federal law; now, therefore, be it

2-9 Resolved by the Senate and Assembly of the State of Nevada,

2-10 Jointly, That the members of the 70th session of the Nevada Legislature

2-11 hereby express their support for the amendment to the Federal Land Policy

2-12 and Management Act of 1976 proposed by the Nevada Miners and

2-13 Prospectors Association; and be it further

2-14 Resolved, That the Secretary of the Senate prepare and transmit a

2-15 copy of this resolution to the United States Senate Committee on Energy

2-16 and Natural Resources, the United States House of Representatives

2-17 Committee on Resources, the Secretary of the Interior, the Secretary of

2-18 Agriculture and each member of the Nevada Congressional Delegation;

2-19 and be it further

2-20 Resolved, That this resolution becomes effective upon passage and

2-21 approval.