NEVADAN'S RESOURCE RIGHTS BILL (NRR)

-The NRR bill will be given a bill number and will be available to view in it's legal form on the Nevada State Legislators website on Wednesday the 18th. We will post the link here. The following is the outline-

Objectives                  – Page 1

Talking Points            – Page 2,3

Legislative Actions     – Page 4,5,6

Objective

Identify, restore and protect the people’s rights in Nevada to their lands, resources and minerals.

Stop the un-constitutional federal administration and disposal of the land, resources and minerals inside the State of Nevada.

Create a fair tax to the owner of the resource rights based on the production from the land, resources or minerals, paid to the county and/or the State. 

Purpose of the tax

·      Bring legitimacy to the resource rights of the people that own them

·      Mutually invest the State and the counties in protecting the peoples resource and rights 

·      Create a tax revenue for the State and counties that will motivate the State and the counties to protect the resource rights of the people

Foundational Principle

·      Preservation of rights requires the owner to claim their right, use the right as their own and be willing to defend their rights.

·      Prior Appropriation (first in time, first in Right)

·      Beneficial Use (established use, established right)

·      Adverse Possession (Use it, or loose it)

·      Private Property, (rights to the beneficial use of the resources on or in private property)

·      Multiple use (right owner such as ranchers, miners, loggers sharing the use of common land including the publics right to access, camp, hike, drive on the roads, etc.)

Talking Points

-Nevada public land and resources belongs to the people of Nevada

-According to their own laws the federal government have no right to own or administer land, resources or minerals inside the State (except for specific purposes); it belongs to the people of Nevada to administer.

- Even on private property the federal government is claiming that they own all the resources on or your land, even the dirt, and if you transferred or sold it you could be prosecuted and put in prison.

-The federal government is illegally claiming 89% of Nevadan's land and resources including the minerals.

-The federal government is restricting more and more human access to public lands each year. This year (2015) they are proposing a 280% increase in Southern Nevada. If allowed, the Southern Nevada people will have less access to their land than any other people in the history of this country.

-The federal government is illegally claiming over 50% of the land west of the Colorado Rockies. East of the Rockies, they claim less than 4% (See map below).

-Federal bureaucrats are illegally selling Nevadan's land, resources and minerals, and creating tremendous wealth for themselves.

-Nevada will never be able to fully pay its own bills as long as the federal government is taking the profits from the land and resources.

-If we do not stop the sale of the land and resources, Nevada will be left holding an empty bag with no rights to fill it.

-The federal government is not following their own laws in owning or administrating land inside a State. (Article 1, Section 8, Clause 17 - U.S. Constitution)

The laws the feds must follow to legally own or administer land inside a State;

·      They must have consent from the State legislature

·      They must purchase it

·      They can only use it for military bases, dock yards and other needful buildings (open public land is not on the list)

-At the moment of Statehood everything changes, no longer does the federal government have authority to administer the land, resources or minerals inside the State. It becomes the people of the States right and duty to govern the land. (See 10^th Amendment, Article 4, 1, 2, 3, 5, 6, of the U.S. Constitution, etc.)

-Because of the aridness of the land and slow population, Nevadan's land & other resources were used differently than the eastern States, this gave the federal government opportunity to illegally claim the land for themselves.

-The federal government considers approximately 90% of Nevada to be U.S. Territory and not the State of Nevada. If this were correct, Nevada would be among the ten smallest States in the country comparable to man.  

-When Nevadan’s are on land administered by the federal government, they are not considered by the feds to have full constitutional rights, or a right to be protected by the State of Nevada.

-As long as the federal government is administering the land, Nevadan’s rights will continue to be taken & abused.

-The federal government is now willing to use lethal force to keep Nevadan’s from using their land and resources.

-The greatest danger Nevadan’s will face in the future if not corrected, is federal bureaucrats taking over their rights, especially the lands & resources.

-When the federal government becomes predatory it is the duty of the State to protect the rights of the citizen. 

-Since 1864 Nevada has been a State, not a Territory.  Nevada is being treated like a 2nd class State.

-Without the right to use the land and resources Nevadan’s will forever be at the mercy of the feds, everything we eat, wear, or use comes from the land in some way.

-Nevadan’s should not have to deal with the threat of the government coming to take away their homes and livelihoods.

Feds have over the past 50 years manipulated the mineral rights from the people of Nevada.

Nevadan’s have suffered tremendous economic hardships because they are being locked away from their rights to use the land and the resources.

History shows that once a central government claims and begins to use the people’s land and resources as their own, the people are unable to protect any of their rights.

 

Legislative Actions

Step 1

1.     Expand the Nevada Water Rights Registry(s) to include grazing, mineral, and logging rights, as well as rights to other resources within the boundaries of the State of Nevada. Follow the pattern of the Nevada Water Right Registry (or) Change the name of the “Nevada Division of Water Resources” to “Nevada Division of Resources” (or), create another register called the Nevadan’s Resource Rights Registry (NRR).

2.     Provide a way for the people to register their resource rights in the (NRR) or in some other way. Resource rights can be claimed and registered based on the principles of Prior Appropriation (first in time, first in right) and Beneficial Use (established use, established right). Resource rights will be identified with a priority date, usage for, defined geographic boundary, and the current beneficial user.

How to identify the resource rights and owners:

·      Grazing: Identify the current beneficial user of the stock-watering rights (as registered with the Nevada Division of Water Resources) in each geographic boundary. Grazing priority date is equal to the water right priority date. Geographic grazing boundaries were documented in 1934 and are on file.

·      Water: Currently registered with the Nevada Division of Water Resources. All illegal titles will need to be reclaimed; beneficial user will have first in line.

·      Mineral: Identify by deed or staked claim date and claimant’s continued mining, exploration or production activities.

·      Private Property: All resources rights in or on private property belong to the property owner and no further registering of right is necessary.




3.     Advertise to the public the opportunity to claim resource rights The owners will be given 120 days to claim their right by registering it with the State. Claimants must prove priority date and beneficial use. During this period, any interested person may file a written protest with the State against the registering of a claim. After 120 days, a list of unclaimed resource rights will be published, and interested persons will have 60 days to claim them by proving priority date and beneficial use. Those new claimants will have opportunity to claim without prior beneficial use. All action will be made public.

4.     New claims can be registered through the NRR and must be published for 90 days; if another does not dispute the right then the right is established. All the requirements for proving beneficial use will apply. (See below)

5.     Federal or other government entities outside Nevada shall not claim rights inside Nevada. Private entities that are not citizens of, or established in Nevada may own resource rights inside Nevada. All the requirements for proving beneficial use will apply. (See below)

If a resource right is not claimed by a private entity it will become a common right vested in the citizens of Nevada. Only citizens of Nevada can share these common resource rights.

6.     Require the owner to prove continuing beneficial use on their registered resource rights in order to maintain the right. Requirements would include that the owner:

·      Prove up on the right every five years by reporting a plan of use for the next five years. This is not a permit.

·      Show beneficial use of the resource rights by production. The state recognizes beneficial use via collection of a tax on the fruits of production.

·      If the owner of the right cannot prove beneficial use in at least two out of five years, then another citizen of Nevada can claim the right and file it with the State under the same requirements.

·      A resource right cannot be sold or leased to another unless beneficial use has been proven for the period of four years consecutively

·      Resource rights must be used for the designated purpose or it will not be considered beneficial use.

·      Require the counties to record these rights as real property rights to the owner.

7.     Enact an equitable tax code, taxing production from all grazing, logging, mining, and other resource rights. This code must promote the beneficial use of the right.

8.     Issue grazing, logging or mining permits on the common (unclaimed) rights that have become vested in the people of Nevada. The permit will go to the highest bidder starting at $500. Income on these rights will be taxed the same as if the permit holder owned the right.

If the permit holders show beneficial use on the right four years consecutively, they can claim it as their own by registering it with the State of Nevada. All the requirements for proving beneficial use will apply.

 Step 2

Enact a law that re-establishes existing rights:

·      All resources rights on or in private property belong to the titled property owner.

·      The citizens of Nevada have established the right (though prior appropriation and 100 years of beneficial use) to access the common land of Nevada, this includes the rights to drive on the roads, hike, camp, shoot, hunt, fish, explore and so on. 

Step 3

Direct the Secretary of State to properly cede to the federal government land that is currently being used for the authorized purposes outlined in Article 1, section 8, clause 17 of the U.S. Constitution. Get consent from the State legislatures and receive payment from the federal government for the land. Receiving payment for the land can be done in many ways such as shorting a bill to the federal government or making a small transaction.

Steps must accomplish the following

1.     Get consent from the State Legislature

2.     Collect a small proceed for the sale

3.     Record the sale on State and county records

Step 4

1.     Enact a law that prohibits the federal government from owning and/or administering any lands, waters, and resources (including minerals) inside the State of Nevada that were not purchased with the consent of the Nevada Legislature and are not being used for the proper purposes outlined in USC-A1, S8, C17. This includes resources on or in private property.

This would include:

·      Disposing or leasing of

·      Issuing permits on

·      Collecting fees on

·      Prohibiting or restricting use of

·      Policing and arresting on

·      Posting signage on

·      Contracting on

Proper ceding  (USC-A1, S8, C17):

·      Must have consent from the Nevada State Legislature

·      Must be purchased from the rightful owner (willing buyer, willing seller)

·     Can only purchase for the purpose of erecting forts, magazines, arsenals, dockyards and other needful buildings.