exempt

                                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 106–Committee on Natural Resources

 

February 13, 2001

____________

 

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.

 

AN ACT relating to roads; requiring the division of minerals of the commission on mineral resources to identify and map certain roads; authorizing the attorney general or a district attorney 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 otherwise identified,

1-15  described or mapped through formal action of a board of county

1-16  commissioners; or

1-17      (4) Identified, described or mapped through formal action of a

1-18  board of county commissioners as a road specified in paragraph (a) or a

1-19  way laid out or maintained by a governmental agency.

1-20    2.  The division shall:

2-1    (a) If it finds that a county has prepared a complete map of each road

2-2  specified in paragraph (a) of subsection 1 which is located or partially

2-3  located within the boundaries of the county, incorporate that map into

2-4  the map prepared by the division pursuant to paragraph (b) of subsection

2-5  1; and

2-6    (b) Request the advice of the department of transportation concerning

2-7  cartographic procedures, standards and guidelines.

2-8    3.  If an agency or instrumentality of the Federal Government

2-9  unreasonably limits or imposes unreasonable conditions upon the use of

2-10  a road identified by the division pursuant to paragraph (a) of subsection

2-11  1, the attorney general may, unless he has brought an action concerning

2-12  the road pursuant to the provisions of subsection 6 of NRS 405.195 or

2-13  subsection 2 of NRS 405.204, bring an action for a declaratory judgment

2-14  establishing the rights of all users to the unimpeded maintenance, use

2-15  and enjoyment of the road. If the attorney general fails to bring such an

2-16  action, the district attorney of any county in which the road or a portion

2-17  of the road is located may bring the action. If the attorney general or a

2-18  district attorney brings the action in a court of this state, the map

2-19  prepared by the division pursuant to the provisions of this section is

2-20  prima facie evidence of the existence and location of any road included

2-21  on the map.

2-22    4.  The division shall:

2-23    (a) Periodically review the map prepared pursuant to the provisions of

2-24  this section; and

2-25    (b) Revise the map if required to ensure its accuracy.

2-26    5.  The division may:

2-27    (a) Apply for and accept any gift, grant, appropriation or donation,

2-28  and use the gift, grant, appropriation or donation to carry out the

2-29  provisions of this section; and

2-30    (b) Contract with any person to assist the division in carrying out

2-31  those provisions.

2-32    6.  As used in this section, “division” means the division of minerals

2-33  of the commission on mineral resources.

2-34    Sec. 2.  1.  There is hereby appropriated from the state general fund

2-35  to the division of minerals of the commission on mineral resources the sum

2-36  of $50,000 to carry out the provisions of section 1 of this act.

2-37    2.  Any remaining balance of the appropriation made by subsection 1

2-38  must not be committed for expenditure after June 30, 2003, and reverts to

2-39  the state general fund as soon as all payments of money committed have

2-40  been made.

2-41    Sec. 3.  This act becomes effective upon passage and approval.

 

2-42  H