328.500 - Attorney General may bring, maintain or intervene in actions concerning public lands to protect sovereignty of State.
328.500 Attorney General may bring, maintain or intervene in actions concerning public lands to protect sovereignty of State.
1. The Legislature finds that more than 87 percent of the land in the State of Nevada is held by the Federal Government, of which 69 percent is public land, and the actions of federal agencies and instrumentalities involving the public lands and waters appurtenant to and public roads over those lands significantly affect the health, safety, welfare and happiness of the citizens of this State and may interfere with the traditional sovereign functions of the State of Nevada with respect to those lands, waters and roads and their uses.
2. Except as otherwise provided in subsection 3, the Attorney General may:
(a) On his or her own initiative or at the request of the Governor or any state agency, bring and maintain any action; or
(b) Intervene on behalf of or bring and maintain an action on the relation of, any person in any meritorious case,
Ê in any court or before any federal agency if any action or proposed action by a federal agency or instrumentality with respect to the public lands or waters appurtenant to or public roads over those lands impairs or tends to impair the sovereignty of the State of Nevada.
3. The Attorney General may bring an action pursuant to this section if:
(a) The Legislature has appropriated sufficient money for the operation of the Attorney General’s office to permit the Attorney General to bring and maintain the action until its conclusion; or
(b) The Attorney General has obtained the permission:
(1) From the Legislature, if it is in session, expressed by a concurrent resolution; or
(2) If the Legislature is not in session, from the Interim Finance Committee.
4. As used in this section, “public lands” means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;
(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) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
(Added to NRS by 1981, 663; A 1993, 389)