Assembly Bill No. 9–Joint Rules Committee

 

CHAPTER..........

 

AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this state; providing for the use of the proceeds if the issue is approved; creating the fund to protect natural resources; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. At the general election to be held on November 5, 2002,

 there must be submitted to the voters of this state, in the manner

 prescribed by chapter 349 of NRS, a proposal to issue general obligation

 bonds of the state to protect, preserve and obtain the benefits of the

 property and natural resources of this state in an amount not to exceed

 $200,000,000. If the proposal is carried, the bonds may be issued at one

 time or from time to time, and the Legislature shall levy such tax as may

 be necessary to pay the principal of and interest on the bonds. The

 proceeds of such tax together with any other amounts appropriated to pay

 the principal of and interest on the bonds when due must be deposited in

 the consolidated bond interest and redemption fund.

   Sec. 2.  Except as otherwise provided in subsection 9 of section 3 of

 this act, of the total bond issue, if approved pursuant to section 1 of this

 act:

   1.  An amount of $27,000,000 must be allocated to the Division of

 State Parks of the State Department of Conservation and Natural

 Resources to protect and preserve the property or natural resources of this

 state or to obtain the benefits thereof for the following purposes:

   (a) For the acquisition of real or personal property or interests in real or

 personal property for purposes related to parks and recreation; or

   (b) To support extraordinary capital improvements and renovations of

 facilities in state parks.

   2.  An amount of $27,500,000 must be allocated to the Division of

 Wildlife of the State Department of Conservation and Natural Resources

 for the following purposes:

   (a) For the acquisition of real or personal property or interests in real or

 personal property to enhance, protect, and manage wildlife and wildlife

 habitat or enhance recreational opportunities related to wildlife, or both; or

   (b) For the development and renovation of facilities or the improvement

 of existing habitats for fish and other wildlife.

   3.  An amount of $25,000,000 must be allocated to the Las Vegas

 Springs Preserve in Clark County for the following purposes:

   (a) Planning, development and design of the preserve;

   (b) Providing wildlife habitat;

   (c) Constructing buildings and other facilities for the preserve; or

   (d) Providing other infrastructure for the preserve.

The Las Vegas Springs Preserve shall match the allocation made pursuant

 to this subsection with an amount of money or value of services, material

 or equipment that is equal to 50 percent of the cost of each project that is

 completed pursuant to this subsection.

   4.  An amount of $10,000,000 must be allocated to Clark County to

develop a county regional wetlands park at the Las Vegas Wash. The

 money allocated pursuant to this paragraph must be used to:

   (a) Divert water, control erosion and make improvements to restore the

 existing wetlands, and to create new wetlands;

   (b) Acquire and develop land and water rights;

   (c) Provide recreational facilities; and

   (d) Provide parking for and access to the park.

Clark County shall match the allocation made pursuant to this subsection

 with an amount of money or value of services, material or equipment that

 is equal to 50 percent of the cost of each project that is completed pursuant

 to this subsection.

   5.  An amount of $35,000,000 must be allocated to the Department of

 Cultural Affairs to establish at the Las Vegas Springs Preserve a museum

 to provide exhibits and education regarding the natural resources, history

 and cultural heritage of this state. The money allocated pursuant to this

 subsection must be used for:

   (a) The planning and design of the museum;

   (b) Construction of the museum;

   (c) Moving exhibits from other locations to the museum; or

   (d) Creating new exhibits.

   6.  An amount of $10,000,000 must be allocated to Washoe County to

 enhance and restore the Truckee River corridor. The money allocated

 pursuant to this subsection must be used to:

   (a) Acquire and develop land and water rights;

   (b) Provide recreational facilities;

   (c) Provide parking for and access to and along the river; or

   (d) Restore the Truckee River corridor.

Washoe County shall match the allocation made pursuant to this subsection

 with an amount of money or value of services, material or equipment that

 is equal to 50 percent of the cost of each project that is completed pursuant

 to this subsection.

   7.  An amount of $65,500,000 must be allocated to the State

 Department of Conservation and Natural Resources to be administered by

 the Division of State Lands to carry out the purposes set forth in this

 subsection. The money allocated pursuant to this subsection must be used

 for the following purposes:

   (a) To make grants in the following amounts:

     (1) An amount of $7,250,000 to state agencies, counties,

 municipalities or private nonprofit organizations that qualify for grants

 pursuant to the regulations adopted by the Administrator of the Division of

 State Lands pursuant to this subsection, as appropriate, for the

 construction of recreational trails, including, without limitation, hiking,

 equestrian and bicycle trails. The award of grants pursuant to this

 subparagraph must be coordinated with the Division of State Parks.

     (2) An amount of $5,000,000 to state agencies, counties,

 municipalities or private nonprofit organizations that qualify for grants

 pursuant to the regulations adopted by the Administrator of the Division of

 State Lands pursuant to this subsection, as appropriate, for the acquisition

 of land and water or interests in land and water for urban parks and

greenbelts. Programs and projects paid for by grants made pursuant to this

subparagraph must be for the protection and preservation of the property

 and natural resources of this state, or for the purposes of obtaining the

 benefits thereof. The award of grants pursuant to this subparagraph must

 be coordinated with the Division of State Parks.

     (3) An amount of $3,000,000 to state agencies, counties whose

 population is less than 100,000 or municipalities located within those

 counties, as appropriate, for the development of habitat conservation

 plans. The making of grants pursuant to this subparagraph must be

 coordinated with the Division of Wildlife and the Nevada Natural Heritage

 Program.

     (4) An amount of $250,000 to counties whose population is less than

 100,000 and municipalities located within those counties for the

 development and adoption of plans for open spaces.

     (5) An amount of $20,000,000 to counties and municipalities for the

 acquisition of land and water or interests in land and water to protect and

 enhance wildlife habitat, sensitive or unique vegetation, historic or cultural

 resources, riparian corridors, wetlands and other environmental resources

 pursuant to an adopted plan for open spaces. Grants made pursuant to this

 subparagraph must require:

        (I) In a county whose population is 100,000 or more, that the

 county or municipality which receives the grant matches the grant with an

 amount of money or value of services, material or equipment that is equal

 to 50 percent of the cost of the acquisition.

        (II) In a county whose population is less than 100,000, that the

 county or municipality which receives the grant matches the grant with an

 amount of money or value of services, material or equipment that is equal

 to 25 percent of the amount of the grant.

     (6) An amount of $10,000,000 for grants to Churchill County,

 Douglas County, Lyon County or Carson City and municipalities located

 within those counties to enhance and restore the Carson River corridor.

 Grants made pursuant to this subparagraph must require that the county or

 municipality which receives the grant match the grant with an amount of

 money or value of services, material or equipment that is equal to 50

 percent of the cost of the project for which the grant is awarded. Money

 awarded for grants pursuant to this subparagraph must be used to:

        (I) Acquire and develop land and water rights;

        (II) Provide recreational facilities;

        (III) Provide parking for and access to and along the river; or

        (IV) Restore the Carson River corridor.

     (7) An amount of $5,000,000 for grants to Douglas County, Washoe

 County or Carson City and municipalities located within those counties to

 enhance and develop the Lake Tahoe Path System. Grants made pursuant

 to this subparagraph must require that the county or municipality which

 receives the grant match the grant with an amount of money or value of

 services, material or equipment that is equal to 50 percent of the cost of

 the project for which the grant is awarded. Money awarded for grants

 pursuant to this subparagraph must be used to:

        (I) Acquire land for the path system; or

        (II) Develop the path system.

   (b) An amount of $15,000,000 to carry out contracts or agreements

under which nonprofit conservation organizations may acquire land and

 water or interests in land and water for the public benefit, to protect and

 enhance wildlife habitat, sensitive or unique vegetation, historic or cultural

 resources, riparian corridors, floodplains and wetlands and other

 environmental resources. Any money provided by the Division of State

 Lands pursuant to this paragraph must be matched by an amount of money

 or value of services, material or equipment that is equal to 50 percent of

 the cost of the acquisition. The investment of this state in any property

 acquired pursuant to this paragraph must be secured by an interest in the

 property.

The Administrator of the Division of State Lands may adopt such

 regulations as the Administrator determines are necessary to carry out the

 programs and projects and make the grants described in this subsection.

 The regulations adopted by the Administrator must state whether and to

 what degree applicants for grants must match any money awarded.

   Sec. 3.  1.  The fund to protect natural resources is hereby created in

 the state general fund. The Director of the Department of Conservation

 and Natural Resources shall administer the fund and prescribe the method

 pursuant to which the governmental entities which administer the

 programs and projects described in section 2 of this act may request

 money from the fund in accordance with the allocations made pursuant to

 that section.

   2.  The proceeds of any bonds issued pursuant to section 1 of this act,

 after deducting any applicable charges, must be deposited in the fund.

   3.  Any interest or income earned on the money in the fund must be

 credited to the fund. Any money remaining in the fund at the end of the

 fiscal year does not revert to the general fund but remains in the fund for

 authorized expenditure.

   4.  All claims against the fund must be paid as other claims against the

 state are paid.

   5.  The State Department of Conservation and Natural Resources may

 use the proceeds from the bonds issued pursuant to section 1 of this act

 and the interest income thereon to defray the costs of administering the

 provisions of this act and may request an appropriation to defray the costs

 of administering this act if the money in the fund is not sufficient. The

 money in the fund must be used only for the purposes set forth in this act

 and must not be used to replace or supplant funding available from other

 sources.

   6.  Any interests in land or water acquired by the state pursuant to this

 act:

   (a) Must be acquired and held by the Division of State Lands pursuant

 to chapter 321 of NRS.

   (b) Must not be acquired by condemnation or the power of eminent

 domain.

The acquisition of any water rights pursuant to this act must not have a

 negative impact on the distribution of water to other persons who hold

 valid water rights.

   7.  Any property acquired pursuant to the provisions of this act may

 include easements and other interests in land. Before acquiring any interest

 in land pursuant to this act, recipients of money pursuant to this act must

consider such alternatives to the acquisition of fee simple title as may be

available, including, without limitation, the acquisition of easements and

 remainders after life estates.

   8.  If any interests in land or water acquired by the state pursuant to this

 act, or portions thereof, are later determined not to be necessary to carry

 out the purposes of the act, those interests may be sold or leased by the

 Division of State Lands pursuant to chapter 321 of NRS and the proceeds

 deposited in the fund to protect natural resources. The proceeds received

 from such transactions must be expended to carry out the purposes of

this act.

   9.  Money may be reallocated among the purposes set forth in each

 subsection of section 2 of this act with the advance approval of the Interim

 Finance Committee.

   10.  The Interim Finance Committee must approve the issuance of any

 bonds issued pursuant to this act if the proceeds of which will be used for

 the purposes set forth in paragraph (a) of subsection 7 of section 2 of this

 act.

   Sec. 4.  The Legislature finds and declares that the issuance of bonds

 pursuant to this act, except the use of the proceeds of those bonds pursuant

 to subsections 3 and 5 of section 2 of this act and subparagraph (5) of

 paragraph (a) of subsection 7 of section 2 of this act and paragraph (b) of

 subsection 7 of section 2 of this act:

   1.  Is necessary for the protection and preservation of the property and

 natural resources of this state and for the purpose of obtaining the benefits

 thereof; and

   2.  Constitutes an exercise of the authority conferred by the second

 paragraph of section 3 of article 9 of the Constitution of the State of

 Nevada.

   Sec. 5.  To the extent not inconsistent with the provisions of this act,

 the provisions of the State Securities Law, contained in chapter 349 of

 NRS, apply to the bonds issued pursuant to this act.

   Sec. 6.  Notwithstanding the provisions of NRS 361.453 to the

 contrary, any levy imposed by the legislature for the repayment of bonded

 indebtedness issued pursuant to the provisions of this act must not be

 included in calculating the limitation set forth in subsection 1 of NRS

 361.453 on the total ad valorem tax levied for all public purposes.

   Sec. 7.  If any provision of this act, or application thereof to any

 person, thing or circumstance, is held invalid, the invalidity shall not affect

 the provisions or application of this act which can be given effect without

 the invalid provision or application, and to this end the provisions of this

 act are declared to be severable.

 

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