Senate Bill No. 106–Committee on Natural Resources

February 13, 2001

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Referred to Committee on Natural Resources

SUMMARY—Requires division of minerals of commission on mineral resources to identify and map certain roads. (BDR 35‑1040)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Contains Appropriation not included in Executive Budget.

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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).

AN ACT relating to roads; requiring the division of minerals of the commission on mineral resources to identify and map certain roads; requiring the attorney general to bring an action for a declaratory judgment concerning those roads under certain circumstances; making an appropriation; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 405 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The division shall, insofar as practicable:

1-4 (a) Identify each road in this state that exists upon a right of way

1-5 granted by Congress over public lands pursuant to the provisions of

1-6 section 8 of chapter 262, 14 Stat. 253 (1866), former 43 U.S.C. § 932;

1-7 and

1-8 (b) Prepare or cause to be prepared a map of each county in this state

1-9 that shows the general course of each road:

1-10 (1) Identified pursuant to the provisions of paragraph (a);

1-11 (2) Designated as a state highway or route pursuant to the

1-12 provisions of NRS 408.285;

1-13 (3) Mapped as a main, general, minor or standard county road

1-14 pursuant to the provisions of NRS 403.190; or

1-15 (4) For which a map is filed by a person who uses a minor county

1-16 road pursuant to the provisions of subsection 3 of NRS 403.190.

1-17 2. If an agency or instrumentality of the Federal Government limits

1-18 or imposes conditions upon the use of a road identified by the division

1-19 pursuant to the provisions of paragraph (a) of subsection 1, the attorney

1-20 general shall, unless he has brought an action concerning the road

2-1 pursuant to the provisions of subsection 6 of NRS 405.195 or subsection

2-2 2 of NRS 405.204, bring an action for a declaratory judgment

2-3 establishing the rights of all users to the unimpeded maintenance, use

2-4 and enjoyment of the road. If the attorney general brings the action in a

2-5 court of this state, the map prepared by the division pursuant to the

2-6 provisions of this section is prima facie evidence of the existence and

2-7 location of any road included on the map.

2-8 3. The division shall:

2-9 (a) Periodically review the map prepared pursuant to the provisions of

2-10 this section; and

2-11 (b) Revise the map if required to ensure its accuracy.

2-12 4. The division may:

2-13 (a) Apply for and accept any gift, grant, appropriation or donation,

2-14 and use the gift, grant, appropriation or donation to carry out the

2-15 provisions of this section; and

2-16 (b) Contract with any person to assist the division in carrying out

2-17 those provisions.

2-18 5. As used in this section, “division” means the division of minerals

2-19 of the commission on mineral resources.

2-20 Sec. 2. 1. There is hereby appropriated from the state general fund

2-21 to the division of minerals of the commission on mineral resources the sum

2-22 of $50,000 to carry out the provisions of section 1 of this act.

2-23 2. Any remaining balance of the appropriation made by subsection 1

2-24 must not be committed for expenditure after June 30, 2003, and reverts to

2-25 the state general fund as soon as all payments of money committed have

2-26 been made.

2-27 Sec. 3. This act becomes effective upon passage and approval.

2-28 H