Assembly Bill No. 176–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of Tahoe Regional Planning Agency (SCR 16))

 

February 19, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions relating to carrying out certain programs in Lake Tahoe Basin. (BDR 26‑700)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public lands; revising provisions relating to the authority of the state land registrar to make grants and enter into certain agreements to carry out certain programs in the Lake Tahoe Basin; authorizing local governments to enter into certain agreements for the use of grant money received from such programs; 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. NRS 321.5956 is hereby amended to read as follows:

1-2    321.5956  In carrying out the provisions of NRS 321.5952 to 321.5957,

1-3  inclusive:

1-4    1.  The division may, as the state land registrar deems appropriate,

1-5  cooperate and enter into agreements with state and federal agencies, local

1-6  governments, nonprofit organizations and other persons or entities

1-7  [involved in the preservation and restoration of] to carry out programs to

1-8  preserve, restore and enhance the natural environment of the Lake Tahoe

1-9  Basin[.] on public land and on privately owned property with the consent

1-10  of the owner of the property.

1-11    2.  The state land registrar may, within the limits of available money,

1-12  make grants to other state agencies, local governments and nonprofit

1-13  organizations[.] formed for educational or charitable purposes. A local

1-14  government that receives grant money pursuant to this subsection may,

1-15  with the approval of the state land registrar, enter into a contract or other

1-16  agreement with another local government, a nonprofit organization or

1-17  another person or entity pursuant to which the local government

2-1  disburses the grant money to the other local government, nonprofit

2-2  organization or other person or entity to carry out a program to preserve,

2-3  restore and enhance the natural environment of the Lake Tahoe Basin.

2-4    3.  The state land registrar may, within the limits of available money,

2-5  enter into a contract or other agreement with a nonprofit organization

2-6  that is not formed for educational or charitable purposes or another

2-7  person or entity to pay the reasonable costs incurred by the nonprofit

2-8  organization or other person or entity to carry out a program to preserve,

2-9  restore and enhance the natural environment of the Lake Tahoe Basin.

2-10  In entering such a contract or agreement, the state land registrar shall

2-11  ensure that:

2-12    (a) Public money is only expended for public purposes; and

2-13    (b) The public interest is protected adequately.

2-14    Sec. 2.  NRS 244.1505 is hereby amended to read as follows:

2-15    244.1505  1.  A board of county commissioners may expend money

2-16  for any purpose which will provide a substantial benefit to the inhabitants

2-17  of the county. [The] Except as otherwise provided in subsection 4, the

2-18  board may grant all or part of the money to a nonprofit organization

2-19  created for religious, charitable or educational purposes to be expended for

2-20  the selected purpose.

2-21    2.  A board of county commissioners or its authorized representative

2-22  may donate:

2-23    (a) Commodities, supplies, materials and equipment that the board

2-24  determines to have reached the end of their useful lives; and

2-25    (b) Stolen or embezzled property for which the county treasurer has

2-26  obtained an order authorizing him to donate the property pursuant to

2-27  subsection 6 of NRS 179.165,

2-28  to a nonprofit organization created for religious, charitable or educational

2-29  purposes or to another governmental entity, to be used for any purpose

2-30  which will provide a substantial benefit to the inhabitants of the county.

2-31    3.  A grant or donation to a nonprofit organization created for religious,

2-32  charitable or educational purposes and a donation to a governmental entity

2-33  pursuant to this section must be made by resolution. The resolution must

2-34  specify:

2-35    (a) The purpose of the grant or donation;

2-36    (b) If applicable, the maximum amount to be expended from the grant;

2-37  and

2-38    (c) Any conditions or other limitations upon the expenditure of the grant

2-39  or the use of the donated property.

2-40    4.  The provisions of this section do not limit the ability of a board of

2-41  county commissioners or its authorized representative to disburse money

2-42  pursuant to NRS 321.5956 or any other specific statutory authority.

2-43    5.  As used in this section:

2-44    (a) “Authorized representative” has the meaning ascribed to it in NRS

2-45  332.025.

2-46    (b) “Nonprofit organization created for religious, charitable or

2-47  educational purposes” means an organization that meets the requirements

2-48  set forth in NRS 372.3261.

 

3-1    Sec. 3.  NRS 268.028 is hereby amended to read as follows:

3-2    268.028  1.  The governing body of a city may expend money for any

3-3  purpose that will provide a substantial benefit to the inhabitants of the city.

3-4  [The] Except as otherwise provided in subsection 4, the governing body

3-5  may grant all or part of the money to a nonprofit organization created for

3-6  religious, charitable or educational purposes to be expended for a selected

3-7  purpose.

3-8    2.  The governing body of a city or its authorized representative may

3-9  donate commodities, supplies, materials and equipment that the governing

3-10  body determines have reached the end of their useful lives to a nonprofit

3-11  organization created for religious, charitable or educational purposes or to

3-12  another governmental entity, to be used for any purpose which will provide

3-13  a substantial benefit to the inhabitants of the city.

3-14    3.  A grant or donation to a nonprofit organization created for religious,

3-15  charitable or educational purposes and a donation to a governmental entity

3-16  pursuant to this section must be made by resolution. The resolution must

3-17  specify:

3-18    (a) The purpose of the grant or donation;

3-19    (b) If applicable, the maximum amount to be expended from the grant;

3-20  and

3-21    (c) Any conditions or other limitations on the expenditure of the grant

3-22  or the use of the donated property.

3-23    4.  The provisions of this section do not limit the ability of a

3-24  governing body of a city or its authorized representative to disburse

3-25  money pursuant to NRS 321.5956 or any other specific statutory

3-26  authority.

3-27    5.  As used in this section:

3-28    (a) “Authorized representative” has the meaning ascribed to it in NRS

3-29  332.025.

3-30    (b) “Nonprofit organization created for religious, charitable or

3-31  educational purposes” means an organization that meets the requirements

3-32  set forth in NRS 372.3261.

3-33    Sec. 4.  Section 2 of chapter 361, Statutes of Nevada 1995, at page

3-34  907, is hereby amended to read as follows:

3-35    Sec. 2.  1.  If the proposal is carried, the state land registrar shall:

3-36    [1.] (a) Adopt regulations necessary to carry out a program for

3-37  awarding grants pursuant to the provisions of section 1 of this act. The

3-38  regulations must:

3-39    [(a)] (1) Set forth the procedure for applying for a grant;

3-40    [(b)] (2) Set forth the criteria that will be considered in awarding a

3-41  grant; and

3-42    [(c)] (3) State whether and to what degree an applicant must match

3-43  any money awarded.

3-44    [2.] (b) Report semiannually to the interim finance committee

3-45  concerning the establishment and administration of the program and

3-46  the expenditure of money for the program.

3-47    2.  A local government that receives grant money pursuant to

3-48  section 1 of this act may, with the approval of the state land

3-49  registrar, enter into a contract or other agreement with another

4-1  local government, a nonprofit organization or another person or

4-2  entity pursuant to which the local government disburses the grant

4-3  money to the other local government, nonprofit organization or

4-4  other person or entity to carry out a project for the control of

4-5  erosion and the restoration of natural watercourses in the Lake

4-6  Tahoe Basin.

4-7    Sec. 5.  Section 3 of chapter 514, Statutes of Nevada 1999, at page

4-8  2629, is hereby amended to read as follows:

4-9    Sec. 3.  1.  The Administrator of the Division of State Lands

4-10  may [issue] award grants to state agencies , [and] local governments

4-11  and nonprofit organizations formed for educational or charitable

4-12  purposes to carry out the program of environmental improvement

4-13  projects established pursuant to section 1 of this act[.] in the Lake

4-14  Tahoe Basin on public land and on privately owned property with

4-15  the consent of the owner of the property. The Administrator shall

4-16  adopt such regulations as are necessary for awarding the grants. The

4-17  regulations must:

4-18    [1.] (a) Set forth the procedure for applying for a grant;

4-19    [2.] (b) Set forth the criteria that will be considered in awarding a

4-20  grant; and

4-21    [3.] (c) State whether and the extent to which an applicant must

4-22  match any money awarded.

4-23    2.  A local government that receives grant money pursuant to

4-24  subsection 1 may, with the approval of the Administrator, enter into

4-25  a contract or other agreement with another local government, a

4-26  nonprofit organization or another person or entity pursuant to

4-27  which the local government disburses the grant money to the other

4-28  local government, nonprofit organization or other person or entity

4-29  to carry out an environmental improvement project in the Lake

4-30  Tahoe Basin pursuant to the program established in section 1 of this

4-31  act.

4-32    3.  The Administrator may enter into a contract or other

4-33  agreement with a nonprofit organization that is not formed for

4-34  educational or charitable purposes or another person or entity to

4-35  pay the reasonable costs incurred by the nonprofit organization or

4-36  other person or entity to carry out an environmental improvement

4-37  project in the Lake Tahoe Basin pursuant to the program

4-38  established in section 1 of this act on public land and on privately

4-39  owned property with the consent of the owner of the property. In

4-40  entering such a contract or agreement, the Administrator shall

4-41  ensure that:

4-42    (a) Public money is expended only for public purposes; and

4-43    (b) The public interest is protected adequately.

4-44    Sec. 6.  This act becomes effective upon passage and approval.

 

4-45  H