AB 378 — Revises various provisions relating to public lands. (BDR 26-718)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

378378–Committee ASSEMBLYon BILLNatural NOResources .CHAPTER..........

378–COMMITTEE ON NATURAL R ESOURCES M ARCH 23, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises various provisions relating to public lands.

(BDR 26-718) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law creates the State Land Office for the purpose of selecting and disposing(NRS 321.010) Section 1 of certainthis landsbill grantedprovides, byinstead, that the Unitedpurpose Statesof to the State Land Office is for selecting, managing and, where appropriate, disposing of Nevada.such lands.

(NRS 321.010) Section 1 of this bill provides, instead, that the purpose of the State Land Office is for selecting, managing and, where appropriate, disposing of such lanSection 3 of this bill eliminates the definition of “public lands” for purposes of state planning for the use of certain lands.

and (2) investigation and review of developmentproposals offor standardsthe anddesignation plansof therefor.iticalareas of critical environmental concern and the SectiondeveSection 6 of this bill revises the duties of the Administrator of the Division of State Lands with respect to the State Land Use Planning Agency to require that the Administrator provide assistance to counties in developing plans and policies, in addition to programs, to increase the involvement of local governments in the coordinated management of lands in the State that are under federal management.

Section 7 of this bill revises the duties of the State Land Use Planning Agency concerning the purchase by the Federal Government of private land or the exchangeyexchange of public land for private land to remove the requirement that the State Land Use Planning Agency include comments received from the governing body of an affected county or city in any written comments submitted by the State Land Use - *AB378_R1* – 2 – Planning Agency to the Federal Government and instead authorizes the State Land Use Planning Agency to include such comments received from the governing bodybodynd of an affected county or city.

AgencySection the8 dutyof tothis identifybill landsremoves thatfrom arethe suitableduties forof acquisition.Usethe PlanningState SectionLand 14Use ofPlanning thisAgency billthe repealsduty variousto provisionsidentify relatinglands tothat publicare lands,suitable includingfor provisions:acquisition.

Section 14 of this bill repeals various provisions relating to public lands, including provisions:

(3) Agencycreating to represent interests of certain entities that are affected by policies and activities involving the usePublic ofLand federalTrust law;Fund;

and(4) (5)authorizing settingthe forthState proceduresLand forUse statePlanning consentAgency to therepresent federalinterests of certain entities that are affected by policies and activities involving the use of publicfederal lands.law;

Sectionand 14(5) alsosetting repealsforth languageprocedures for state declaring the intent of the State to seek the acquisition of lands retained by the Federal Government within the borders of the State.

repealedSections provisions.310 and 13 make conforming changes to remove references to these THErepealed PEOPLEprovisions. OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

The State Land Registrar may appoint one Deputy State Land Registrar and such technical, clerical and operational staff as theoperation execution of the duties of the State Land RegistrarOffice andmay therequire.egistrar operationand of the StateSec. Land Office may require.

Sec.

or - *AB378_R1* – 3 – (b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe Regional Planning Agency, within whose jurisdiction the land is located.

(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

(d)- Which81st areSession controlled(2021) by– the3 United– States Department of Defense, Department of Energy or Bureau of Reclamation;

orort of (e) Which are held in trust for Indian purposes or are Indian reservations.] Sec.

and (c) Investigation and review of proposals for designation of areas of critical environmental concern and the development of standardssta3.ardIn addition to the assistant provided by subsection 3 of NRS 321.010 the Administrator may appoint, subject to the availability of money, such professional, technical, administrative, clerical and plansother therefor.]persons 3.as the Administrator may require for assistance in performing his or her land use planning duties.

In addition to the assistant provided by subsection 3 of NRS 321.010 the Administrator may appoint, subject to the availability of money, such professional, technical, administrative, clerical and other persons as the Administrator may require for assistance in performing his or her land use planning duties.

(c) Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land - *AB378_R1* – 4 – use planning and management within the State and of state and locallocald programs and activities which have a land use impact of more than local concern;

(e) Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal- Government,81st amongSession the(2021) several– states4 and– interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports and soliciting of comments on reports concerning information useful to land use planning;

(a) Compile any information developed pursuant to subsection 1;

and Compile any information developed pursuant to subsection (b) Make the compilation available to cities and counties.

The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assesseddays valuation,after toreceipt of the Statenotice.d Land Use Planning Agency within 303. days after receipt of the notice.

- *AB378_R1* – 5 – 3.

The State Land Use Planning Agency [shall] may prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements- of81st policySession concerning(2021) the– [acquisition5 and– use] administration of lands in the State of Nevada that are under federal management.

(a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statementstatemention of policy as are appropriate;

Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or [policy] statements of policy to the Governor, Legislature or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policypol(a) theThe commentsLand andUse recommendationsPlanning of:Advisory Council;