reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0828 - Order for compulsory unitization: Findings required before issuance.

If upon the filing of a petition and after notice and hearing, the Division finds that:
1. The unitized management, operation and further development of a pool or portion thereof is reasonably necessary in order effectively to carry on pressure control, pressure-maintenance or repressuring operations, cycling operations, waterflooding operations, or any combination thereof, or any other form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the pool;
2. One or more of the unitized methods of operation as applied to the pool or portion thereof are feasible, will prevent waste and will, with reasonable probability, result in the increased recovery of substantially more oil and gas from the pool than would otherwise be recovered;
3. The estimated additional cost, if any, of conducting those operations will not exceed the value of the additional oil and gas so recovered; and
4. The unitization and adoption of one or more of the unitized methods of operation is for the common good and will result in the general advantage of the owners of the oil and gas rights within the pool or the portion thereof directly affected,
it shall make a finding to that effect and make an order creating the unit and providing for the unitization and unitized operation of the pool or portion thereof described in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, reasonable, equitable, and which are necessary or proper to protect, safeguard and adjust the respective rights and obligations of the several persons affected, including royalty owner, owners of overriding royalties, oil and gas payments, carried interests, mortgages, lien claimants and others, as well as the lessees.
(Added to NRS by 1983, 2072; A 1993, 1692)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.083 - Order for compulsory unitization: Limitations on area of pool to be included in plan.

1. The order of the Division must define the area of the pool or portion thereof to be included within the unit area and prescribe with reasonable detail the plan of unitization applicable thereto.
2. Each unit and unit area must be limited to all or a portion of a single pool. Only so much of a pool as has been defined and determined to be productive of oil and gas by actual drilling operations may be so included within the unit area. A unit may be created to embrace less than the whole of a pool only where it is shown by the evidence that the area to be so included within the unit area is of such size and shape as may be reasonably required for the successful and efficient conduct of the unitized method of operation for which the unit is created, and that the conduct thereof will have no material adverse effect upon the remainder of the pool.
(Added to NRS by 1983, 2073; A 1993, 1692)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0834 - Order for compulsory unitization: Consent of certain percentage of owners required; hearings; revocation of order.

1. No order of the Division creating a unit and prescribing the plan of unitization applicable thereto becomes effective unless:
(a) The plan of unitization has been signed or in writing ratified, or approved by the lessees of record of not less than 62.5 percent of the unit area affected thereby and by the owners of record or not less than 62.5 percent (exclusive of royalty interests owned by lessees or by subsidiaries of any lessee) of the normal one-eighth landowners’ royalty interest in and to the unit area; and
(b) The Division has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area.
2. Where the plan of unitization has not been so signed, ratified or approved by the lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the Division shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to the hearing, make and enter a finding of its determination in that regard. If lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of 6 months after the date on which the order creating the unit is made, the order creating the unit ceases to be of further effect and must be revoked by the Division.
(Added to NRS by 1983, 2074; A 1993, 1693)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.084 - Plan of unitization: Modification; approval of owners not required in certain circumstances.

The unit area of a unit may be enlarged to include adjoining portions of the same pool, including the unit area of another unit, and a new unit created for the unitized management, operation and further development of the enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as provided in NRS 522.082 to 522.0878, inclusive, with respect to the creation of a unit in the first instance, except that where the amendment to the plan of unitization relates only to the rights and obligations as between lessees the requirement that it be signed, ratified and approved by royalty owners of record of not less than 62.5 percent of the unit area does not apply.
(Added to NRS by 1983, 2077)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0844 - Property acquired by unit is owned by lessees subject to management by unit.

All property, whether real or personal, which the unit may in any way acquire, hold or possess, may not be acquired, held or possessed by the unit for its own account but must be so acquired, held and possessed by the unit for the account and as agent of the several lessees and is the property of the lessees as their interests may appear under the plan of unitization, subject to the right of the unit to the possession, management, use or disposal of the property in the proper conduct of its affairs, and subject to any lien the unit may have on it to secure the payment of unit expense.
(Added to NRS by 1983, 2077)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0848 - Transfer of title to tracts and leases not required; proceeds and production are income of owners.

1. This chapter does not require a transfer to or vesting in the unit of title to the separately owned tracts or leases within the unit area, other than the right to use and operate them to the extent set out in the plan of unitization; nor may the unit be regarded as owning the unit production. The unit production and the proceeds from the sale thereof are owned by the several persons to whom they are allocated under the plan of unitization.
2. Neither the unit production or proceeds from the sale thereof, nor the other receipts may be treated or taxed as income or profits of the unit; but instead, all such receipts are the income of the several persons to whom or to whose credit they are payable under the plan of unitization. To the extent the unit may receive or disburse the receipts it shall only do so as a common administrative agent of the persons to whom they are payable.
(Added to NRS by 1983, 2076)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.085 - Distribution of production; distribution in kind under certain circumstances.

1. The amount of the unit production allocated to each separately owned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately owned tract, must be considered as production from the separately owned tract, and, except as may be otherwise authorized in this chapter, or in the plan of unitization approved by the Division, must be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from the separately owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not the unit been organized, and with the same legal effect.
2. If adequate provisions are made for the receipt thereof, the share of the unit production allocated to each separately owned tract must be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from the owners subject to the rights of the unit to withhold and sell it in payment of unit expense pursuant to the plan of unitization, and subject further to the call of the unit on such portions of the gas for operating purposes as may be provided in the plan of unitization.
(Added to NRS by 1983, 2076; A 1993, 1695)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0854 - Expenses of unit: Liability of owners is several and limited to amount charged.

The obligation or liability of the lessees or other owners of the oil and gas rights in the several separately owned tracts for the payment of unit expense is at all times several and not joint or collective and in no event is a lessee or other owner of the oil and gas rights in the separately owned tract chargeable with, obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his or her interest in such separately owned tract pursuant to the plan of unitization and then only to the extent of the lien provided for in NRS 522.0858.
(Added to NRS by 1983, 2075)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0858 - Expenses of unit: Lien for amount assessed; persons primarily responsible for payment; payment by persons not responsible; payment to royalty owners free of lien and expenses.

1. Subject to such reasonable limitations as may be set out in the plan of unitization, the unit has a first and prior lien upon the leasehold estate and all other oil and gas rights (exclusive of a one-eighth landowners’ royalty interest) in and to each separately owned tract, the interest of the owners thereof in and to the unit production and all equipment in the possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against the separately owned tract.
2. The interest of the lessee or other persons who by lease, contract or otherwise are obligated or responsible for the cost and expense of developing and operating a separately owned tract for oil and gas in the absence of unitization, is primarily responsible for and charged with any assessment for unit expense made against the tract and resort may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with that cost, only if the owner of interest primarily responsible fails to pay the assessment of the production to the credit thereof, or production is insufficient for that purpose.
3. If the owner of any royalty interest, overriding royalty, oil or gas payment, or any other interest which under the plan of unitization is not primarily responsible therefor pays in whole or in part the amount of an assessment for unit expense for the purpose of protecting that interest, or the amount of the assessment in whole or in part is deducted from the unit production to the credit of that interest, the owner thereof is to the extent of the payment or deduction subrogated to all the rights of the unit with respect to the interest or interests primarily responsible for the assessment.
4. A one-eighth part of the unit production allocated to each separately owned tract must in all events be regarded as royalty to be distributed to and among, or the proceeds thereof paid to, the royalty owners free and clear of all unit expense and free of any lien therefor.
(Added to NRS by 1983, 2075)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.086 - Operations under plan are considered fulfillment of provisions in contracts relating to pool in unit.

Operations carried on under and in accordance with the plan of unitization must be considered as a fulfillment of a compliance with all of the provisions, covenants and conditions, express or implied, of the several oil and gas leases upon lands included with the unit area, or other contracts pertaining to the development thereof insofar as those leases or other contracts may relate to the pool or portion thereof included in the unit area. Wells drilled or operated on any part of the unit area, no matter where located, must for all purposes be regarded as wells drilled on each separately owned tract within the unit area.
(Added to NRS by 1983, 2077)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0864 - Property rights, leases and contracts regarded as modified to conform to provisions of chapter and plan of unitization.

Property rights, leases, contracts and all other rights and obligations must be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this chapter and to any valid and applicable plan of unitization or order of the Division made and adopted pursuant to this chapter, but otherwise to remain in effect.
(Added to NRS by 1983, 2076; A 1993, 1695)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0868 - Plan approved by Division does not violate statutes prohibiting monopolies.

No agreement or plan for the development and operation of a field or pool of oil or gas as a unit, if approved by the Division for the purpose of conserving oil or gas, violates any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce.
(Added to NRS by 1983, 2077; A 1993, 1695)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.087 - Implied covenants unaffected.

NRS 522.082 to 522.0878, inclusive, and any plan of unitization do not increase or decrease the implied covenants of a lease in respect to a common source of supply or lands not included within the unit area of a unit.
(Added to NRS by 1983, 2077)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0874 - Procedural requirements for petitions, notices and hearings.

1. Except as otherwise expressly provided in NRS 522.082 to 522.0878, inclusive, all proceedings held under this chapter, including the filing of petitions, the giving of notices, the conduct of hearings and other action taken by the Division must be in the form and manner and in accordance with the procedure and procedural requirements provided in NRS 522.090.
2. Such additional notice must be given as may be required by the Division.
(Added to NRS by 1983, 2075; A 1993, 1695)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.0878 - Operation of well in unit area by persons not included in unit unlawful.

After the effective date of an order of the Division creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the unit area defined in the order by persons other than the unit or persons acting under its authority or except in the manner and to the extent provided in the plan of unitization is unlawful.
(Added to NRS by 1983, 2075; A 1993, 1695)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.090 - Regulations and orders of Division: Notice; hearing and entry of order.

1. The Division shall make no regulation or order, or amendment thereof, except in an emergency, without a public hearing upon at least 10 days’ notice. The public hearing must be held at such time and place as may be prescribed by the Division, and any interested person is entitled to be heard.
2. Any notice required by this chapter must be given by personal service on all interested persons, and if personal service cannot be made, then substituted service may be made in the manner provided for substitute service of process under the Nevada Rules of Civil Procedure.
3. The Division may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the Division, the Division shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing must be held without undue delay after the filing of the petition. The Division shall enter its order within 30 days after the hearing.
[9:202:1953]—(NRS A 1977, 77, 1159; 1983, 2083; 1993, 1696)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.100 - Witnesses: Attendance and testimony; production of books and records; contempt.

1. The Division may summon witnesses and require the production of records, books and documents for examination at any hearing or investigation conducted by it. No person may be excused from attending and testifying, or from producing books, papers and records before the Division or a court, or from obedience to the subpoena of the Division or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. This section does not require any person to produce any books, papers or records, or to testify in response to any inquiry not pertinent to some question lawfully before the Division or court for determination. No natural person may be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of the person’s objection, the person may be required to testify or produce evidence, documentary or otherwise, before the Division or court, or in obedience to its subpoena, but no person testifying is exempt from prosecution and punishment for perjury committed in so testifying.
2. In case of failure or refusal on the part of any person to comply with the subpoena issued by the Division, or in case of the refusal of any witness to testify as to any matter regarding which the witness may be interrogated, any court of record in the State, upon application of the Division, may issue an attachment for that person and compel the person to comply with the subpoena, and to attend before the Division and produce the person’s records, books and documents for examination, and to give his or her testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
[10:202:1953]—(NRS A 1977, 1160; 1981, 87; 1983, 2083; 1993, 1696)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.110 - Application for rehearing.

Within 20 days after written notice of the entry of any order or decision of the Division, or such further time as the Division may grant for good cause shown, any person affected thereby may file with the Division an application for the rehearing in respect of any matter determined by the order or decision, setting forth the respect in which the order or decision is believed to be erroneous. The Division shall grant or refuse any such application in whole or in part within 10 days after it is filed, and failure to act thereon within such period is deemed a refusal thereof and a final disposition of the application. If the rehearing is granted, the Division may enter such new order or decision after rehearing as may be required under the circumstances.
[11:202:1953]—(NRS A 1977, 78, 1160; 1983, 2084; 1993, 1696)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.113 - Payment of money derived from sale of production; liability for violation; applicability.

1. The owner, lessee, operator or other person who is liable for payment of the money derived from the sale of the production from an oil or gas well located in this state shall:
(a) Pay the money directly to each person identified as being legally entitled thereto not later than:
(1) Six months after the first day of the month following the date of the first sale of the production, and thereafter not later than 60 days after the end of the month within which subsequent production is sold; or
(2) Twelve months after the first day of the month following the date of the first sale of the production, and every 12 months thereafter, if the amount owed is $25 or less.
(b) If unable to pay timely any portion of the money because of inability to locate a person entitled to receive the money or for any other reason, deposit the unpaid portion of the money in an escrow account in a bank, credit union, savings and loan institution or savings bank in Nevada, using a standard escrow document form approved by the Attorney General of Nevada. The bank, credit union, savings and loan association or savings bank must be federally insured or insured by a private insurer approved pursuant to NRS 672.755. The deposit must earn interest at the highest rate being offered by that institution for similar deposits. The escrow agent may commingle money so received into escrow from any one source. The escrow agent shall pay the appropriate amount of principal and accrued interest from such an account to a person legally entitled thereto within 30 days after the date of receipt by the escrow agent of a final legal determination of entitlement thereto. Applicable escrow fees must be deducted from the payment.
2. Any person who violates the provisions of subsection 1 is liable to each person legally entitled thereto for the unpaid amounts of money, together with interest at the rate of 18 percent per annum on the unpaid balance from the date the payment was due pursuant to paragraph (a) of subsection 1.
3. This section does not apply to payments from an owner, lessee, operator or other person who is liable for payment of the money derived from the sale of the production from an oil or gas well located in this state to a person identified as being legally entitled to such a payment if those persons have agreed in writing to some other period of payment for the first payment or for subsequent payments.
(Added to NRS by 1991, 385; A 1999, 1507)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.118 - Applicability; alteration of previous agreement prohibited.

1. The provisions of NRS 522.115 govern the relationship between the parties to an oil and gas lease, or other agreement, concerning the determination and reporting of royalties, overriding royalties, working interests or other nonworking interests from the sale of the production from an oil or gas well located in this state, unless otherwise specifically provided within such a lease or other agreement that has been reduced to writing and executed by all of the affected parties.
2. A division order may not alter or amend the terms of a previously executed oil or gas lease or other written agreement. A division order that purports to alter or amend the terms of such a lease or other agreement is invalid to the extent of the alteration or amendment and the terms of the oil or gas lease or other written agreement govern.
(Added to NRS by 1991, 961)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.119 - Development of program; regulations.

1. The Division of Minerals and the Division of Environmental Protection shall, jointly, develop a hydraulic fracturing program to:
(a) Assess the effects of hydraulic fracturing on the waters of the State of Nevada;
(b) Require a person who engages in hydraulic fracturing to disclose each chemical used to engage in hydraulic fracturing; and
(c) Provide for notice to members of the general public concerning activities relating to hydraulic fracturing in this state.
2. The Commission on Mineral Resources shall adopt regulations to implement the hydraulic fracturing program required by subsection 1.
3. As used in this section, "Division of Environmental Protection" means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 2013, 2775; A 2015, 174)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.120 - Penalties.

1. Any person who willfully violates any provision of this chapter, or any regulation or order of the Division is subject to a penalty of not more than $1,000 for each act of violation and for each day that the violation continues, unless the penalty for the violation is otherwise provided for and made exclusive in this chapter.
2. If any person, for the purpose of evading this chapter, or any regulation or order of the Division, makes or causes to be made any false entry in any record, account or memorandum required by this chapter, or by any such regulation or order, or omits or causes to be omitted, from any such record, account or memorandum, full, true and correct entries as required by this chapter, or by any such regulation or order, or removes from this state or destroys, mutilates, alters or falsifies any such record, account or memorandum, that person is guilty of a gross misdemeanor.
3. Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any regulation or order of the Division is subject to the same penalty as that prescribed by this chapter for the violation by the other person.
4. The penalties provided in this section are recoverable by suit filed by the Attorney General in the name and on behalf of the Division in the district court of the county in which the defendant resides or in which any defendant resides, if there is more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty does not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation.
[12:202:1953]—(NRS A 1967, 607; 1977, 1160; 1983, 2084; 1985, 304; 1993, 1697)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.130 - Injunctive relief.

1. Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any regulation or order of the Division, the Division shall bring suit against that person in the district court of any county where the violation occurs or is threatened to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff or the sheriff’s deputies. In any such suit, the court may grant to the Division, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.
2. If the Division fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any regulation or order of the Division, within 10 days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in his or her own behalf to restrain the violation or threatened violation in any court in which the Division might have brought suit. If, in the suit, the court should hold that injunctive relief should be granted, then the Division must be made a party and must be substituted for the person who brought the suit, and the injunction must be issued as if the Division had at all times been the plaintiff.
[13:202:1953]—(NRS A 1977, 1161; 1983, 2085; 1993, 1697)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.140 - Application of chapter; lands subject to jurisdiction of United States.

1. As the State of Nevada is a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, this chapter applies to all lands in the State of Nevada lawfully subject to its police powers. It applies to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands fails to effect the intent and purposes of this chapter and otherwise applies to those lands to such extent as an officer of the United States having jurisdiction, or the officer’s authorized representative, approves any of the provisions of this chapter or the order or orders of the Division which affects those lands.
2. This chapter applies to any lands committed to a unit agreement approved by the Secretary of the Interior of the United States or his or her authorized representative, except that the Division may, under the unit agreements, suspend the application of this chapter or any part of this chapter so long as the conservation of oil and gas and the prevention of waste is accomplished thereby, but the suspension does not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under the agreement and as the Division may require under this chapter.
[14:202:1953]—(NRS A 1977, 1162; 1983, 2085; 1993, 1698)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.150 - Payment of expenses for affiliation with Interstate Oil and Gas Compact Commission; submission of monthly production report and payment of administrative fee by producers; establishment of administrative fee by regulation.

1. Any expenses in connection with Nevada’s affiliation with the Interstate Oil and Gas Compact Commission must be paid from the Account for the Division of Minerals created pursuant to NRS 513.103.
2. For the purpose of paying the expenses of the Division, each producer of oil or natural gas in this state shall, on or before the last day of each month, report to the Division and the State Treasurer the producer’s production in this state of oil in barrels and of natural gas in thousands of cubic feet during the immediately preceding month, and shall pay to the Division, concurrently with the submission of the report, a fee in an amount established pursuant to subsection 3 on each barrel of oil and each 50,000 cubic feet of natural gas produced and marketed by the producer during the immediately preceding month. The Division shall deposit with the State Treasurer, for credit to the Account for the Division of Minerals, all money received pursuant to this subsection. Each person purchasing such oil or natural gas is liable for the payment of the fee for each barrel of oil or each 50,000 cubic feet of natural gas, unless the fee has been paid by the producer.
3. The Commission on Mineral Resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 30 cents for each barrel of oil or each 50,000 cubic feet of natural gas.
[15:202:1953]—(NRS A 1971, 207; 1977, 1162; 1983, 399, 2086; 1989, 1595; 1991, 1781; 1993, 1698; 1999, 892, 3632; 2001, 66; 2015, 174)
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.160 - Nevada to join Interstate Compact.

The Governor is authorized and directed, for and in the name of the State of Nevada, to join with the other states in the Interstate Compact to Conserve Oil and Gas, which was heretofore executed in the city of Dallas, Texas, on February 16, 1935, and which is now on deposit with the Department of State of the United States, and which has been extended to September 1, 1955, all with the consent of the Congress of the United States.
[1:42:1955]
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.180 - Extension of expiration date of Compact; reentry of State after withdrawal.

1. The Governor is authorized and empowered, for and in the name of the State of Nevada, to execute agreements for the further extension of the expiration date of the Interstate Compact to Conserve Oil and Gas, and to determine if and when it shall be to the best interest of the State of Nevada to withdraw from the Compact following a notice of 60 days as provided by its terms.
2. In the event of withdrawal, the Governor or any succeeding Governor may thereafter, in the Governor’s discretion, effect the reentry of the State into the Compact as herein provided.
[3:42:1955]
2023 Nevada Revised Statutes › Chapter 522 - Oil and Gas › NRS 522.190 - Interstate Oil Compact Commission: State representation.

1. The Governor shall be the official representative of the State of Nevada on the Interstate Oil Compact Commission provided for in the Interstate Compact to Conserve Oil and Gas and shall exercise and perform for the State all of the powers and duties as a member of the Interstate Oil Compact Commission.
2. The Governor shall have the authority to appoint an assistant representative who shall act in the Governor’s stead as the official representative of the State as a member of the Commission. The Governor’s official representative, if not already a state official, shall take the oath of office prescribed by the Constitution and file the same with the Secretary of State.
[4:42:1955]
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.010 - Unlawful cutting or removal of timber from land held by inchoate title or title less than fee simple; penalty.

1. It is unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber or trees on or from any land in this state, to which land this state or any person or corporation has or may have an inchoate title, or any title less than fee simple. The provisions of this subsection apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations.
2. If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, violates the provisions of subsection 1, such person or corporation is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor.
[1:56:1871; B § 3843; BH § 356; C § 328; RL § 2114; NCL § 3160] + [2:56:1871; B § 3844; BH § 357; C § 329; RL § 2115; NCL § 3161]—(NRS A 1967, 608; 1971, 1462; 1979, 1484)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.020 - Unlawful cutting or removal of timber from state land; penalty.

If any person cuts down or removes any tree, wood or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor.
[3:56:1871; B § 3845; BH § 358; C § 330; RL § 2116; NCL § 3162]—(NRS A 1967, 608; 1971, 1462; 1979, 1485)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.030 - Issue of fact as to title to real property.

If an issue of fact be joined, as to the title to real property, in any action under the provisions of NRS 527.010 to 527.040, inclusive, the action shall thereupon be certified by the justice of the peace in whose court it may be pending to the district court of the same county, and therein tried and finally determined as if the same had been originally commenced therein.
[Part 4:56:1871; B § 3846; BH § 359; C § 331; RL § 2117; NCL § 3163]
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.040 - Construction of provisions.

Nothing in NRS 527.010 to 527.040, inclusive, shall be so construed as:
1. To affect or impair the provisions of chapter 326 of NRS.
2. To prevent the cutting and using by actual settlers upon such lands as are specified in NRS 527.010 to 527.040, inclusive, of such wood as may be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands.
[Part 4:56:1871; B § 3846; BH § 359; C § 331; RL § 2117; NCL § 3163]
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.055 - Declaration of state policy; unlawful acts; regulations of State Forester Firewarden.

1. It is hereby declared to be the policy of the State of Nevada to protect the Spring Valley population of Rocky Mountain junipers (
Juniperus scopulorum
), known as "swamp cedars," that occur in White Pine County within the Bahsahwahbee Traditional Cultural Property as such swamp cedars are a rare occurrence of low-elevation Rocky Mountain junipers and are considered sacred by certain Native American tribes in the State.
2. It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently to cut, destroy, mutilate or remove any swamp cedar described in subsection 1 without first obtaining a special permit from the State Forester Firewarden and complying with any other applicable requirements set forth in NRS 527.050.
3. Except as otherwise provided in this subsection, the State Forester Firewarden may adopt regulations necessary to carry out the provisions of this section. The State Forester Firewarden may not charge a fee for a special permit to cut, destroy, mutilate or remove any swamp cedar described in subsection 1.
(Added to NRS by 2021, 343)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.060 - Definitions.

As used in NRS 527.060 to 527.120, inclusive, unless the context otherwise requires:
1. "Cactus" includes any member of the Cactaceae family.
2. "Christmas tree" includes any evergreen tree or part thereof cut and removed from the place where grown without the foliage being removed.
3. "Yucca" includes any member of the genus Yucca.
(Added to NRS by 1957, 318; A 1977, 778)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.070 - Notice required for removal or possession for commercial purposes; registration and permit.

1. For the purpose of NRS 527.060 to 527.120, inclusive, the removal or possession of Christmas trees, cacti or yucca for commercial purposes means the removal or possession of six or more of such plants in any 1 calendar day or the removal or possession of less than six of such plants each for 7 or more consecutive calendar days, except removal or possession of the plants for scientific or educational purposes with the permission of the owner of the plants.
2. A person proposing to remove or possess any Christmas tree, cactus or yucca for commercial purposes on any state, county or privately owned lands shall notify the State Forester Firewarden. Upon receipt of such notice the State Forester Firewarden shall provide the person with registration forms, and such forms must be completed and returned to the State Forester Firewarden at least 10 days before removal or possession of the plant. If it appears to the State Forester Firewarden that the person who has registered is entitled to remove or possess the plant, the State Forester Firewarden shall issue a permit to ship the plant, and a sufficient number of tags so that each plant may be tagged if the source of the plants to be removed or possessed is not federal land.
(Added to NRS by 1957, 318; A 1977, 779)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.080 - Shipping permits.

1. Christmas trees, cacti or yucca which are removed or possessed for commercial purposes in Nevada and which are to be transported by railroad or other means to other localities in or out of the State of Nevada must be accompanied by a shipping permit issued by the State Forester Firewarden, or the State Forester Firewarden’s duly authorized agent.
2. Christmas trees, cacti or yucca which are shipped into the State of Nevada must be accompanied by a shipping permit if required by the laws of the state of origin, or by a duly notarized permit or contract signed by the landowner, or the landowner’s authorized agent, showing the origin by legal land description and the number of plants in the lot being transported.
(Added to NRS by 1957, 318; A 1977, 779)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.090 - Tag required; fee.

1. All Christmas trees, cacti or yucca removed or possessed for commercial purposes must have attached thereto a tag issued by the State Forester Firewarden, by the Bureau of Land Management or by the United States Forest Service.
2. The State Forester Firewarden may charge a reasonable fee for each tag to help defray costs to the State for enforcement of the laws regulating removal or possession of Christmas trees, cacti or yucca. Money collected by the State Forester Firewarden shall be deposited in the appropriate fund of the State Forester Firewarden.
(Added to NRS by 1957, 319; A 1963, 55; 1977, 779)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.100 - Unlawful acts; regulations of State Forester Firewarden; exception for necessary cutting or trimming by public utility or logging operation.

1. Except as otherwise provided by law, it is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, remove or possess any Christmas tree, cactus, yucca or branches thereof, or knowingly transport or sell any Christmas tree, cactus, yucca or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or the legal owner’s duly authorized agent, specifying locality by legal land description and number of plants to be removed or possessed.
2. For the purpose of sustaining productivity and preservation of the water-supplying functions of Nevada forest lands, the State Forester Firewarden shall adopt such reasonable regulations governing removal or possession of Christmas trees, cacti or yucca as are deemed necessary.
3. This section does not apply to necessary cutting or trimming of such plants if done for maintenance of electric power lines, telephone lines or other property of a public utility, or to a logging operation.
(Added to NRS by 1957, 319; A 1961, 108; 1977, 780, 1167)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.110 - Confiscation of plants unlawfully removed or possessed; sale; disposition of proceeds.

1. Except as provided in subsection 3, the State Forester Firewarden, or the State Forester Firewarden’s duly authorized agent, officials of the United States Forest Service or of the Bureau of Land Management, and peace officers are hereby authorized to confiscate Christmas trees, cacti or yucca which are removed or possessed in a manner not authorized by law. Plants which are confiscated shall be sold to the highest bidder therefor, by the sheriff of the county wherein the plants were confiscated. The sale shall be held by the sheriff in a like manner as on an execution.
2. If it is determined that the plants originated on privately owned lands, the owner thereof shall be notified of the sale, and the proceeds of the sale, after deducting the costs thereof, shall be paid over to the owner.
3. If the owner of the lands cannot be determined, or if the plants originated on state lands, the State Forester Firewarden may dispose of the plants without selling them to the highest bidder. If the plants are sold, the net proceeds of sale shall be deposited in the State General Fund.
4. If the plants originated on land owned by the Government of the United States, the net proceeds shall be paid over to the federal agency administering the lands.
(Added to NRS by 1957, 319; A 1961, 107; 1977, 780)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.120 - Penalty.

Every person who violates any provision of NRS 527.060 to 527.110, inclusive, not otherwise punishable, is guilty of a misdemeanor.
(Added to NRS by 1957, 319; A 1967, 609; 1971, 1463; 1977, 780; 1979, 1486)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.122 - Definitions.

As used in NRS 527.122 to 527.128, inclusive, unless the context otherwise requires:
1. "Authority" means the State Forester Firewarden, or a local government, whichever is charged with responsibility for fire protection in the area where a prescribed fire is to take place.
2. "Prescribed fire" means the prescribed application of fire to natural vegetation under specified conditions and after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.
(Added to NRS by 1993, 1202; A 2019, 733)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.124 - Regulations.

The State Forester Firewarden shall adopt such regulations as the State Forester Firewarden deems necessary to carry out and enforce the provisions of NRS 527.126 and 527.128.
(Added to NRS by 1993, 1202)
2023 Nevada Revised Statutes › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › NRS 527.126 - Requirements to conduct fire; governmental immunity.

1. The authority may authorize an agency of this state or any political subdivision of this state to commence a prescribed fire.
2. A prescribed fire must be conducted:
(a) Pursuant to a written plan which has been submitted to and authorized by the authority; and
(b) Under the direct supervision of at least one person who is qualified to oversee such fires and who remains on-site for the duration of the fire.
3. A prescribed fire which is commenced pursuant to this section and which complies with laws relating to air pollution shall be deemed in the best interest of the public and not to constitute a public or private nuisance.
4. The State of Nevada, an agency of this state or any political subdivision or local government of this state, or any officer or employee thereof, is not liable for any damage or injury to property or persons, including death, which is caused by a prescribed fire that is authorized pursuant to this section, unless the fire was conducted in a grossly negligent manner.
(Added to NRS by 1993, 1202; A 2019, 733)