NRS408.547. State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent.

      1.  The Board in deciding whether to grant or deny the consent of the State to close a public road on public land shall:

      (a) Balance the interests of the Federal Government and the State; and

      (b) Not apply standards or impose conditions respecting the closure of a public road which are more restrictive than those generally applicable to other persons or governmental agencies in this state.

      2.  In granting the consent of the State the Board shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in NRS 328.085, except subsection 3 of that section.

      3.  Consent to such a closure or the extinguishing of a public use does not constitute consent to extinguish a private use, and the State’s consent is contingent on compensation by the Federal Government for the loss of a vested private right-of-way.

      4.  Any recommendation of the Department which is not acted on by the Board within 30 days after it receives the application and which is not in conflict with the requirements of this section is automatically approved unless the Board in a writing which is attached to the application and recommendation defers the decision for a good cause.

      5.  The consent of the Board to close a public road on public land must be evidenced by a certificate signed by the Chair of the Board and attested to by its Secretary, and delivered to the United States.

      (Added to NRS by 1981, 925; A 1987, 1814; 1989, 1310)