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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to livestock; creating the rangeland resources commission; providing for its membership; prescribing its powers and duties; imposing a fee for each animal unit month used by a cow or sheep on grazing lands under certain circumstances; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 the

1-4 context otherwise requires, the words and terms defined in sections 3 to

1-5 6, inclusive, of this act have the meanings ascribed to them in those

1-6 sections.

1-7 Sec. 3. "Commission" means the rangeland resources commission

1-8 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 Forest

1-11 Service or the Bureau of Land Management; and

1-12 2. Upon which a person herds or grazes cattle or sheep pursuant to a

1-13 license, lease or permit issued for that purpose by the Secretary of

1-14 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 created

2-4 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 its

2-9 successor organization; and

2-10 (c) The president of the Nevada Woolgrowers’ Association or its

2-11 successor organization.

2-12 The president of the Nevada Cattlemen’s Association or its successor

2-13 organization and the president of the Nevada Woolgrowers’ Association

2-14 or its successor organization serve as ex officio members of the

2-15 commission.

2-16 2. Not less than 30 days before the expiration of the term of a

2-17 member of the commission, the state grazing board from which the

2-18 member was appointed shall submit to the governor a written list of two

2-19 persons for appointment to the commission. A person nominated by a

2-20 state grazing board must be a member of that board. If such a list is

2-21 submitted to the governor by a state grazing board within the period

2-22 prescribed in this subsection, the governor shall appoint to the

2-23 commission one member from the list. If the list is not submitted to the

2-24 governor by a state grazing board within that period, the governor shall

2-25 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 vice

2-27 chairman by a majority vote. After the initial election, the chairman and

2-28 vice chairman serve in that office for a term of 1 year beginning on July

2-29 1 of each year. If a vacancy occurs in the chairmanship, the members of

2-30 the commission shall elect a chairman from among its members to serve

2-31 the remainder of the unexpired term.

2-32 4. After the initial terms, each member of the commission who is

2-33 appointed serves for a term of 4 years.

2-34 5. A vacancy on the commission must be filled in the same manner

2-35 as the original appointment.

2-36 6. Each member of the commission:

2-37 (a) Serves without compensation; and

2-38 (b) While engaged in the business of the commission, is entitled to

2-39 receive the per diem allowance and travel expenses provided for state

2-40 officers and employees generally.

2-41 7. If the commission receives any fees specified in section 13 of this

2-42 act, the per diem allowance and travel expenses of a member of the

2-43 commission must be paid from those fees. If the fees are insufficient to

3-1 pay the per diem allowance and travel expenses of the member, the

3-2 commission shall determine the amount of the per diem allowance and

3-3 travel expenses that is not paid from the fees. After making that

3-4 determination, the commission shall provide a written notice of the

3-5 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 successor

3-8 organization;

3-9 (b) The Nevada Woolgrowers’ Association or its successor

3-10 organization, if the member is the president of that association or

3-11 organization; or

3-12 (c) The state grazing board from which the member was appointed, if

3-13 the member is appointed from a state grazing board.

3-14 Upon receipt of the notice, the association or successor organization or

3-15 the state grazing board shall pay to the commission the amount specified

3-16 in the notice.

3-17 Sec. 8. 1. The members of the commission shall meet at least

3-18 quarterly and at the times and places specified by a call of the chairman

3-19 or by a majority of the members of the commission.

3-20 2. A majority of the members of the commission constitute a

3-21 quorum, and a quorum may exercise all the powers and duties of the

3-22 commission.

3-23 Sec. 9. The commission may:

3-24 1. Conduct research and surveys to determine the opinions and

3-25 knowledge of the residents of this state concerning the livestock industry;

3-26 2. Establish programs to provide information to the residents of this

3-27 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 grazing

3-30 lands;

3-31 5. Compile information concerning the livestock industry and

3-32 disseminate that information to each state grazing board;

3-33 6. Make determinations concerning:

3-34 (a) The availability of forage on grazing lands; or

3-35 (b) The emergence of new markets or the expansion of existing

3-36 markets in the livestock industry; and

3-37 7. Take any action it determines is necessary to stabilize or protect

3-38 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 as

3-42 or similar to the duties and powers of the commission;

4-1 2. Employ such persons or enter into such contracts as it determines

4-2 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; or

4-6 (b) For any other purpose beneficial to the livestock industry; and

4-7 4. Purchase, lease or own any real or personal property.

4-8 Sec. 11. The commission may sue and be sued in any court. A

4-9 member or employee of the commission is not personally liable for

4-10 actions that are taken within the scope of the powers and duties of the

4-11 commission pursuant to the provisions of sections 2 to 16, inclusive, of

4-12 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 carrying

4-15 out the provisions of sections 2 to 16, inclusive, of this act.

4-16 2. Any money the commission receives pursuant to subsection 1 must

4-17 be deposited in the state treasury pursuant to the provisions of section 14

4-18 of this act.

4-19 Sec. 13. 1. Not later than January 15 of each year, each person

4-20 who grazes cattle or sheep on grazing lands shall pay a fee of 10 cents for

4-21 each animal unit month used by those cattle or sheep on those lands for

4-22 the immediately preceding year, if the commission enters into an

4-23 agreement with the United States Forest Service and the Bureau of Land

4-24 Management to provide for the collection of the fee by the United States

4-25 Forest Service and the Bureau of Land Management. If an agreement is

4-26 entered into pursuant to the provisions of this subsection, the agreement

4-27 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 or

4-30 sheep on grazing lands managed or controlled by the United States

4-31 Forest Service; or

4-32 (2) The Bureau of Land Management, if the person grazes cattle or

4-33 sheep on grazing lands managed or controlled by the Bureau of Land

4-34 Management; and

4-35 (b) The period during which the United States Forest Service and the

4-36 Bureau of Land Management must report and remit to the commission

4-37 the fees collected by the United States Forest Service and the Bureau of

4-38 Land Management pursuant to the agreement.

4-39 2. Any person who pays a fee to the United States Forest Service or

4-40 the Bureau of Land Management pursuant to the provisions of

4-41 subsection 1 may, not earlier than January 15 of each year and not later

4-42 than February 15 of that year, apply to the commission for a refund of

4-43 the fee paid for the immediately preceding year. The application must be

5-1 submitted on a form prescribed by the commission. Upon receipt of the

5-2 request and after determining that the fee has been paid by the person

5-3 requesting the refund, the commission shall, within 60 days after making

5-4 that determination, refund to that person an amount equal to the fee paid

5-5 by the person.

5-6 3. As used in this section, "animal unit month" means the amount of

5-7 forage required to sustain one cow or one sheep for 1 month.

5-8 Sec. 14. 1. Any money the commission receives pursuant to

5-9 sections 12 and 13 of this act:

5-10 (a) Must be deposited in the state treasury and accounted for

5-11 separately in the state general fund;

5-12 (b) May be used by the commission only for the costs of carrying out

5-13 the provisions of sections 2 to 16, inclusive, of this act; and

5-14 (c) Does not revert to the state general fund at the end of any fiscal

5-15 year.

5-16 2. Any interest or income earned on the money in the account must

5-17 be credited to the account. Any claims against the account must be paid

5-18 in the manner that other claims against the state are paid.

5-19 Sec. 15. 1. Except as otherwise provided in subsection 2 and

5-20 section 7 of this act, any costs the commission incurs in carrying out the

5-21 provisions of sections 2 to 16, inclusive, of this act must be paid from the

5-22 money deposited in the state treasury pursuant to the provisions of

5-23 section 14 of this act.

5-24 2. If the amount of money deposited in the state treasury pursuant to

5-25 section 14 of this act is insufficient to pay any cost incurred by the

5-26 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 that

5-29 money; and

5-30 (b) Divide that amount by the number of members who serve on the

5-31 commission on the date the determination is made by the commission

5-32 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 successor

5-37 organization; and

5-38 (c) Each state grazing board.

5-39 Upon receipt of the notice, the association or its successor organization

5-40 and each state grazing board shall pay to the commission the amount

5-41 specified in the notice.

6-1 Sec. 16. The commission may adopt such regulations as are

6-2 necessary to carry out the provisions of sections 2 to 16, inclusive, of this

6-3 act.

6-4 Sec. 17. NRS 568.120 is hereby amended to read as follows:

6-5 568.120 Each state grazing board may pay [moneys] money out of the

6-6 range improvement fund of its grazing district:

6-7 1. For the construction and maintenance of range improvements or any

6-8 other purpose beneficial to the stock raising and ranching industries and [,

6-9 in turn,] the counties situated within the grazing district concerned. [None

6-10 of the funds shall] The money must not be used for projects involving

6-11 construction or maintenance [, or both,] of range improvements on public

6-12 or state lands unless some legally constituted and authorized federal, state,

6-13 county or city department, division, bureau, service, board or commission

6-14 is available for and authorized and willing to undertake direct management

6-15 and supervision of the project concerned.

6-16 2. For the payment of [proper] the administrative costs of the board,

6-17 including travel expenses and subsistence allowances of its members, and

6-18 for the payment of the services of its secretary and his necessary office

6-19 expenses and for the services of its attorney.

6-20 3. For contributions to defray costs and expenses for activities and

6-21 projects incurred under its written authorization by the central committee of

6-22 Nevada state grazing boards as provided for under NRS 568.170 to

6-23 568.200, inclusive.

6-24 4. For any costs incurred by the rangeland resources commission

6-25 created by section 7 of this act, if the state grazing board receives a notice

6-26 from the commission for the payment of those costs pursuant to section 7

6-27 or 15 of this act.

6-28 Sec. 18. 1. Not later than September 1, 1999, each state grazing

6-29 board shall submit to the governor a written list of two persons for

6-30 appointment to the rangeland resources commission created by section 7 of

6-31 this act. Each person included in the list must be a member of the state

6-32 grazing board that submits the list.

6-33 2. As soon as practicable after October 1, 1999, the appointed

6-34 members of the rangeland resources commission must be appointed by the

6-35 governor from the lists submitted pursuant to subsection 1 to initial terms

6-36 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; and

6-39 (c) Three members to terms that expire on October 1, 2002.

6-40 The governor shall not appoint more than one person from each list

6-41 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 resources

7-3 commission created by section 7 of this act, and on October 1, 1999, for all

7-4 other purposes.

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