Senate Bill No. 310–Senators Rhoads, McGinness,
Jacobsen and Amodei
March 3, 1999
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Referred to Committee on Natural Resources
SUMMARY—Creates rangeland resources commission. (BDR 50-1419)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 563 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 16, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3 to1-5
6, inclusive, of this act have the meanings ascribed to them in those1-6
sections.1-7
Sec. 3. "Commission" means the rangeland resources commission1-8
created by section 7 of this act.1-9
Sec. 4. "Grazing lands" means any public lands in this state:1-10
1. That are managed or controlled by the United States Forest1-11
Service or the Bureau of Land Management; and1-12
2. Upon which a person herds or grazes cattle or sheep pursuant to a1-13
license, lease or permit issued for that purpose by the Secretary of1-14
Agriculture or the Secretary of the Interior.2-1
Sec. 5. "Livestock industry" includes, without limitation, the control,2-2
management and use of grazing lands.2-3
Sec. 6. "State grazing board" means a state grazing board created2-4
by the provisions of NRS 568.040.2-5
Sec. 7. 1. The rangeland resources commission is hereby created.2-6
The commission consists of:2-7
(a) One member from each state grazing board;2-8
(b) The president of the Nevada Cattlemen’s Association or its2-9
successor organization; and2-10
(c) The president of the Nevada Woolgrowers’ Association or its2-11
successor organization.2-12
The president of the Nevada Cattlemen’s Association or its successor2-13
organization and the president of the Nevada Woolgrowers’ Association2-14
or its successor organization serve as ex officio members of the2-15
commission.2-16
2. Not less than 30 days before the expiration of the term of a2-17
member of the commission, the state grazing board from which the2-18
member was appointed shall submit to the governor a written list of two2-19
persons for appointment to the commission. A person nominated by a2-20
state grazing board must be a member of that board. If such a list is2-21
submitted to the governor by a state grazing board within the period2-22
prescribed in this subsection, the governor shall appoint to the2-23
commission one member from the list. If the list is not submitted to the2-24
governor by a state grazing board within that period, the governor shall2-25
appoint to the commission one member who is a member of that board.2-26
3. The members of the commission shall elect a chairman and vice2-27
chairman by a majority vote. After the initial election, the chairman and2-28
vice chairman serve in that office for a term of 1 year beginning on July2-29
1 of each year. If a vacancy occurs in the chairmanship, the members of2-30
the commission shall elect a chairman from among its members to serve2-31
the remainder of the unexpired term.2-32
4. After the initial terms, each member of the commission who is2-33
appointed serves for a term of 4 years.2-34
5. A vacancy on the commission must be filled in the same manner2-35
as the original appointment.2-36
6. Each member of the commission:2-37
(a) Serves without compensation; and2-38
(b) While engaged in the business of the commission, is entitled to2-39
receive the per diem allowance and travel expenses provided for state2-40
officers and employees generally.2-41
7. If the commission receives any fees specified in section 13 of this2-42
act, the per diem allowance and travel expenses of a member of the2-43
commission must be paid from those fees. If the fees are insufficient to3-1
pay the per diem allowance and travel expenses of the member, the3-2
commission shall determine the amount of the per diem allowance and3-3
travel expenses that is not paid from the fees. After making that3-4
determination, the commission shall provide a written notice of the3-5
amount to:3-6
(a) The Nevada Cattlemen’s Association or its successor organization,3-7
if the member is the president of that association or successor3-8
organization;3-9
(b) The Nevada Woolgrowers’ Association or its successor3-10
organization, if the member is the president of that association or3-11
organization; or3-12
(c) The state grazing board from which the member was appointed, if3-13
the member is appointed from a state grazing board.3-14
Upon receipt of the notice, the association or successor organization or3-15
the state grazing board shall pay to the commission the amount specified3-16
in the notice.3-17
Sec. 8. 1. The members of the commission shall meet at least3-18
quarterly and at the times and places specified by a call of the chairman3-19
or by a majority of the members of the commission.3-20
2. A majority of the members of the commission constitute a3-21
quorum, and a quorum may exercise all the powers and duties of the3-22
commission.3-23
Sec. 9. The commission may:3-24
1. Conduct research and surveys to determine the opinions and3-25
knowledge of the residents of this state concerning the livestock industry;3-26
2. Establish programs to provide information to the residents of this3-27
state concerning the livestock industry;3-28
3. Conduct advertising campaigns to promote the livestock industry;3-29
4. Support the responsible control, management or use of grazing3-30
lands;3-31
5. Compile information concerning the livestock industry and3-32
disseminate that information to each state grazing board;3-33
6. Make determinations concerning:3-34
(a) The availability of forage on grazing lands; or3-35
(b) The emergence of new markets or the expansion of existing3-36
markets in the livestock industry; and3-37
7. Take any action it determines is necessary to stabilize or protect3-38
the livestock industry.3-39
Sec. 10. The commission may:3-40
1. Cooperate with any local, state or federal agency or any local,3-41
state or national organization whose duties and powers are the same as3-42
or similar to the duties and powers of the commission;4-1
2. Employ such persons or enter into such contracts as it determines4-2
are necessary to assist it in carrying out the provisions of sections 2 to 16,4-3
inclusive, of this act;4-4
3. Grant, donate or expend money:4-5
(a) To construct or maintain a range improvement; or4-6
(b) For any other purpose beneficial to the livestock industry; and4-7
4. Purchase, lease or own any real or personal property.4-8
Sec. 11. The commission may sue and be sued in any court. A4-9
member or employee of the commission is not personally liable for4-10
actions that are taken within the scope of the powers and duties of the4-11
commission pursuant to the provisions of sections 2 to 16, inclusive, of4-12
this act.4-13
Sec. 12. 1. The commission may apply for or accept any gifts,4-14
grants, donations or contributions from any source to assist it in carrying4-15
out the provisions of sections 2 to 16, inclusive, of this act.4-16
2. Any money the commission receives pursuant to subsection 1 must4-17
be deposited in the state treasury pursuant to the provisions of section 144-18
of this act.4-19
Sec. 13. 1. Not later than January 15 of each year, each person4-20
who grazes cattle or sheep on grazing lands shall pay a fee of 10 cents for4-21
each animal unit month used by those cattle or sheep on those lands for4-22
the immediately preceding year, if the commission enters into an4-23
agreement with the United States Forest Service and the Bureau of Land4-24
Management to provide for the collection of the fee by the United States4-25
Forest Service and the Bureau of Land Management. If an agreement is4-26
entered into pursuant to the provisions of this subsection, the agreement4-27
must specify:4-28
(a) The manner in which the fee must be paid to:4-29
(1) The United States Forest Service, if the person grazes cattle or4-30
sheep on grazing lands managed or controlled by the United States4-31
Forest Service; or4-32
(2) The Bureau of Land Management, if the person grazes cattle or4-33
sheep on grazing lands managed or controlled by the Bureau of Land4-34
Management; and4-35
(b) The period during which the United States Forest Service and the4-36
Bureau of Land Management must report and remit to the commission4-37
the fees collected by the United States Forest Service and the Bureau of4-38
Land Management pursuant to the agreement.4-39
2. Any person who pays a fee to the United States Forest Service or4-40
the Bureau of Land Management pursuant to the provisions of4-41
subsection 1 may, not earlier than January 15 of each year and not later4-42
than February 15 of that year, apply to the commission for a refund of4-43
the fee paid for the immediately preceding year. The application must be5-1
submitted on a form prescribed by the commission. Upon receipt of the5-2
request and after determining that the fee has been paid by the person5-3
requesting the refund, the commission shall, within 60 days after making5-4
that determination, refund to that person an amount equal to the fee paid5-5
by the person.5-6
3. As used in this section, "animal unit month" means the amount of5-7
forage required to sustain one cow or one sheep for 1 month.5-8
Sec. 14. 1. Any money the commission receives pursuant to5-9
sections 12 and 13 of this act:5-10
(a) Must be deposited in the state treasury and accounted for5-11
separately in the state general fund;5-12
(b) May be used by the commission only for the costs of carrying out5-13
the provisions of sections 2 to 16, inclusive, of this act; and5-14
(c) Does not revert to the state general fund at the end of any fiscal5-15
year.5-16
2. Any interest or income earned on the money in the account must5-17
be credited to the account. Any claims against the account must be paid5-18
in the manner that other claims against the state are paid.5-19
Sec. 15. 1. Except as otherwise provided in subsection 2 and5-20
section 7 of this act, any costs the commission incurs in carrying out the5-21
provisions of sections 2 to 16, inclusive, of this act must be paid from the5-22
money deposited in the state treasury pursuant to the provisions of5-23
section 14 of this act.5-24
2. If the amount of money deposited in the state treasury pursuant to5-25
section 14 of this act is insufficient to pay any cost incurred by the5-26
commission in carrying out the provisions of sections 2 to 16, inclusive,5-27
of this act, the commission shall:5-28
(a) Determine the amount of the cost that is not paid from that5-29
money; and5-30
(b) Divide that amount by the number of members who serve on the5-31
commission on the date the determination is made by the commission5-32
pursuant to paragraph (a).5-33
3. After determining the amount of the cost pursuant to subsection 2,5-34
the commission shall provide a written notice of the amount to:5-35
(a) The Nevada Cattlemen’s Association or its successor organization;5-36
(b) The Nevada Woolgrowers’ Association or its successor5-37
organization; and5-38
(c) Each state grazing board.5-39
Upon receipt of the notice, the association or its successor organization5-40
and each state grazing board shall pay to the commission the amount5-41
specified in the notice.6-1
Sec. 16. The commission may adopt such regulations as are6-2
necessary to carry out the provisions of sections 2 to 16, inclusive, of this6-3
act.6-4
Sec. 17. NRS 568.120 is hereby amended to read as follows: 568.120 Each state grazing board may pay6-6
range improvement fund of its grazing district:6-7
1. For the construction and maintenance of range improvements or any6-8
other purpose beneficial to the stock raising and ranching industries and6-9
6-10
6-11
construction or maintenance6-12
or state lands unless some legally constituted and authorized federal, state,6-13
county or city department, division, bureau, service, board or commission6-14
is available for and authorized and willing to undertake direct management6-15
and supervision of the project concerned.6-16
2. For the payment of6-17
including travel expenses and subsistence allowances of its members, and6-18
for the payment of the services of its secretary and his necessary office6-19
expenses and for the services of its attorney.6-20
3. For contributions to defray costs and expenses for activities and6-21
projects incurred under its written authorization by the central committee of6-22
Nevada state grazing boards as provided for under NRS 568.170 to6-23
568.200, inclusive.6-24
4. For any costs incurred by the rangeland resources commission6-25
created by section 7 of this act, if the state grazing board receives a notice6-26
from the commission for the payment of those costs pursuant to section 76-27
or 15 of this act.6-28
Sec. 18. 1. Not later than September 1, 1999, each state grazing6-29
board shall submit to the governor a written list of two persons for6-30
appointment to the rangeland resources commission created by section 7 of6-31
this act. Each person included in the list must be a member of the state6-32
grazing board that submits the list.6-33
2. As soon as practicable after October 1, 1999, the appointed6-34
members of the rangeland resources commission must be appointed by the6-35
governor from the lists submitted pursuant to subsection 1 to initial terms6-36
as follows:6-37
(a) Two members to terms that expire on October 1, 2000;6-38
(b) Two members to terms that expire on October 1, 2001; and6-39
(c) Three members to terms that expire on October 1, 2002.6-40
The governor shall not appoint more than one person from each list6-41
submitted pursuant to subsection 1.7-1
Sec. 19. The provisions of this act become effective on July 1, 1999,7-2
for the purpose of appointing the members of the rangeland resources7-3
commission created by section 7 of this act, and on October 1, 1999, for all7-4
other purposes.~