CHAPTER........
AN ACT relating to the Lake Tahoe Basin; requiring the Administrator of the Division of
State Lands of the State Department of Conservation and Natural Resources to
coordinate the development and implementation of a program for the protection of
the Lake Tahoe Basin; authorizing the issuance of general obligation bonds and
providing for legislative appropriations to carry out the program; creating the fund
to protect the Lake Tahoe Basin; authorizing the Administrator of the Division of
State Lands to issue grants to carry out the program; and providing other matters
properly relating thereto.
California, the Tahoe Regional Planning Agency, local governments of the
States of Nevada and California and many other interested parties held a
series of meetings which are referred to collectively as the Presidential
Forum; and
Whereas, The meetings culminated in July 1997, with visits to Lake
Tahoe from the President and Vice President of the United States and with
the release of a Presidential Executive Order to protect the unique and
irreplaceable natural, recreational and ecological resources in the Lake
Tahoe Basin; and
Whereas, In October 1997, Governor Bob Miller, on behalf of the
State of Nevada, signed a Memorandum of Agreement between the Federal
Interagency Partnership on the Lake Tahoe Ecosystem, the States of
Nevada and California, the Washoe Tribe, the Tahoe Regional Planning
Agency and interested local governments, in which the parties affirmed
their commitment to the Tahoe Regional Planning Compact, to the sound
management and protection of the resources within the Lake Tahoe Basin
and the support of a healthy, sustainable economy and to achieve
environmental thresholds for Lake Tahoe, and agreed to cooperate to carry
out, including, without limitation, providing money for, the Environmental
Improvement Program; and
Whereas, The costs of carrying out the Environmental Improvement
Program have been apportioned between the Federal Government, the
States of Nevada and California, local governments and private property
owners within both states; and
Whereas, The cost of carrying out the Environmental Improvement
Program apportioned to the State of Nevada and its political subdivisions is
$82,000,000 for a period of 10 years, commencing with fiscal year 1997-98
and ending in fiscal year 2006-07; and
Whereas, The State of Nevada and its political subdivisions have
already raised approximately $25,600,000 to meet their commitment, which
includes $20,000,000 from bonds issued to carry out projects for the
control of erosion and the restoration of natural watercourses in the Lake
Tahoe Basin, which were approved by the voters of this state in 1996; now,
therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Administrator of the Division of State Lands of the
State Department of Conservation and Natural Resources in cooperation
with other state agencies, shall coordinate the development and
implementation of a program of environmental improvement projects for:
(a) The protection and enhancement of the quality of the air and water;
(b) The protection and restoration of natural watercourses, wetlands,
wildlife habitat, fisheries, vegetation and forests;
(c) Prevention and control of erosion; and
(d) Enhancement of recreational and tourism opportunities,
in the Lake Tahoe Basin.
2. Money to carry out the program in an amount not to exceed
$3,200,000 must be provided for the period between the fiscal year
beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by
the issuance by the State Board of Finance of general obligation bonds of
the State of Nevada in a total face amount of not more than $3,200,000
pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds
issued pursuant to this subsection must be deposited in the fund to protect
the Lake Tahoe Basin created pursuant to section 2 of this act and, except
as otherwise provided in this subsection, must be used as follows:
(a) Sand Harbor Visitor/Administrative Center BMPs $1,000,000
(b) North Canyon Hiking Trail 15,000
(c) Sand Harbor Erosion Control 100,000
(d) Upland Wildlife Habitat Enhancement 66,000
(e) North Canyon Old Growth Habitat Restoration 130,000
(f) Forest Restoration - Phase I 1,500,000
(g) Sand Harbor-Memorial Point Trail 56,000
(h) Hidden Beach Rehabilitation, BMPs 106,000
(i) Sugar Pine Old Growth Habitat Restoration 75,000
(j) Project contingency 152,000
If an amount authorized pursuant to this subsection is insufficient to allow
the completion of the project for which it is authorized, the Interim Finance
Committee, upon the request of the Division of State Lands of the State
Department of Conservation and Natural Resources, may increase the
amount authorized for the project and offset the increase by reducing the
amount authorized for another project or projects pursuant to this
subsection by the amount of the increase. The Division of State Lands may
use money authorized pursuant to this subsection for a project other than a
project listed in this subsection if the Interim Finance Committee approves
such a use in writing before the Division engages in the project. The
Division of State Lands may allocate money pursuant to paragraph (j)
without the prior approval of the Interim Finance Committee.
3. Money to carry out the program in an amount not to exceed
$53,200,000 must be provided for the period between the fiscal year
beginning on July 1, 2001, and the fiscal year ending on June 30, 2007, by
the issuance by the State Board of Finance of general obligation bonds of
the State of Nevada in a total face amount of not more than $53,200,000.
With the prior approval of the Legislature or the Interim Finance
Committee, the bonds may be issued from time to time pursuant to a
schedule established by the Administrator of the Division of State Lands.
The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance
of bonds pursuant to this subsection.
4. The amount of bonds authorized by subsection 3 must be reduced by
the amount of any money appropriated by the Legislature for the same
purpose upon certification by the Administrator of the Division of State
Lands of the amount of each such appropriation to the State Board of
Finance. The Administrator of the Division of State Lands shall submit a
request to the Legislature each biennium, as necessary, for an appropriation
for the program.
5. The Administrator of the Division of State Lands may adopt such
regulations as are necessary to carry out the program.
Sec. 2. 1. The fund to protect the Lake Tahoe Basin is hereby
created in the state general fund. The Administrator of the Division of State
Lands shall administer the fund.
2. All money that is collected for the use of the program established
pursuant to section 1 of this act, including, without limitation, an
appropriation made by the Legislature and 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 lapse to the state general fund but must be carried over
into the next fiscal year.
4. All claims against the fund must be paid as other claims against the
state are paid.
5. The Administrator of the Division of State Lands may use the
proceeds from any bonds issued pursuant to section 1 of this act or may
request an appropriation to defray the costs of administering the program if
the money in the fund is not sufficient.
6. The Administrator of the Division of State Lands shall report
semiannually to the Interim Finance Committee concerning the
establishment and administration of the program and the expenditure of
money from the fund for the program.
Sec. 3. The Administrator of the Division of State Lands may issue
grants to state agencies and local governments to carry out the program
established pursuant to section 1 of this act. The Administrator shall adopt
such regulations as are necessary for awarding the grants. The regulations
must:
1. Set forth the procedure for applying for a grant;
2. Set forth the criteria that will be considered in awarding a grant; and
3. State whether and the extent to which an applicant must match any
money awarded.
Sec. 4. The Legislature finds and declares that the issuance of
securities and the incurrence of indebtedness pursuant to this act:
1. Are necessary for the protection and preservation of the natural
resources of this state and for the purpose of obtaining the benefits thereof;
and
2. Constitute 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. This act becomes effective on July 1, 1999.
~