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

 

CHAPTER..........

 

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:

 

   Section 1. NRS 321.5956 is hereby amended to read as follows:

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

 inclusive:

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

 cooperate and enter into agreements with state and federal agencies, local

 governments, nonprofit organizations and other persons or entities

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

 preserve, restore and enhance the natural environment of the Lake Tahoe

 Basin[.] on public land and on privately owned property with the

 consent of the owner of the property.

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

 make grants to other state agencies, local governments and nonprofit

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

 government that receives grant money pursuant to this subsection may,

 with the approval of the state land registrar, enter into a contract or

 other agreement with another local government, a nonprofit

 organization or another person or entity pursuant to which the local

 government disburses the grant money to the other local government,

 nonprofit organization or other person or entity to carry out a program

 to preserve, restore and enhance the natural environment of the Lake

 Tahoe Basin.

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

 enter into a contract or other agreement with a nonprofit organization

 that is not formed for educational or charitable purposes or another

 person or entity to pay the reasonable costs incurred by the nonprofit

 organization or other person or entity to carry out a program to

 preserve, restore and enhance the natural environment of the Lake

 Tahoe Basin. In entering such a contract or agreement, the state land

 registrar shall ensure that:

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

   (b) The public interest is protected adequately.

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

   244.1505  1.  A board of county commissioners may expend money

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

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

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

 created for religious, charitable or educational purposes to be expended for

 the selected purpose.

   2.  A board of county commissioners or its authorized representative

may donate:

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

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

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

 obtained an order authorizing him to donate the property pursuant to

 subsection 6 of NRS 179.165,

to a nonprofit organization created for religious, charitable or educational

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

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

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

 charitable or educational purposes and a donation to a governmental entity

 pursuant to this section must be made by resolution. The resolution must

 specify:

   (a) The purpose of the grant or donation;

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

 and

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

 or the use of the donated property.

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

 county commissioners or its authorized representative to disburse money

 pursuant to NRS 321.5956 or any other specific statutory authority.

   5.  As used in this section:

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

 332.025.

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

 educational purposes” means an organization that meets the requirements

 set forth in NRS 372.3261.

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

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

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

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

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

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

 purpose.

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

 donate commodities, supplies, materials and equipment that the governing

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

 organization created for religious, charitable or educational purposes or to

 another governmental entity, to be used for any purpose which will

 provide a substantial benefit to the inhabitants of the city.

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

 charitable or educational purposes and a donation to a governmental entity

 pursuant to this section must be made by resolution. The resolution must

 specify:

   (a) The purpose of the grant or donation;

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

 and

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

 or the use of the donated property.

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

governing body of a city or its authorized representative to disburse

 money pursuant to NRS 321.5956 or any other specific statutory

 authority.

   5.  As used in this section:

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

 332.025.

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

 educational purposes” means an organization that meets the requirements

 set forth in NRS 372.3261.

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

 907, is hereby amended to read as follows:

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

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

 awarding grants pursuant to the provisions of section 1 of this act.

 The regulations must:

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

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

 grant; and

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

 any money awarded.

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

 concerning the establishment and administration of the program and

 the expenditure of money for the program.

   2.  A local government that receives grant money pursuant to

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

 registrar, enter into a contract or other agreement with another

 local government, a nonprofit organization or another person or

 entity pursuant to which the local government disburses the grant

 money to the other local government, nonprofit organization or

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

 erosion and the restoration of natural watercourses in the Lake

 Tahoe Basin.

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

 2629, is hereby amended to read as follows:

   Sec. 3.  1.  The Administrator of the Division of State Lands

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

 and nonprofit organizations formed for educational or charitable

 purposes to carry out the program of environmental improvement

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

 Tahoe Basin on public land and on privately owned property with

 the consent of the owner of the property. The Administrator shall

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

 regulations must:

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

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

 grant; and

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

 match any money awarded.

   2.  A local government that receives grant money pursuant to

subsection 1 may, with the approval of the Administrator, enter into

 a contract or other agreement with another local government, a

 nonprofit organization or another person or entity pursuant to

 which the local government disburses the grant money to the other

 local government, nonprofit organization or other person or entity

 to carry out an environmental improvement project in the Lake

 Tahoe Basin pursuant to the program established in section 1 of

 this act.

   3.  The Administrator may enter into a contract or other

 agreement with a nonprofit organization that is not formed for

 educational or charitable purposes or another person or entity to

 pay the reasonable costs incurred by the nonprofit organization or

 other person or entity to carry out an environmental improvement

 project in the Lake Tahoe Basin pursuant to the program

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

 owned property with the consent of the owner of the property. In

 entering such a contract or agreement, the Administrator shall

 ensure that:

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

   (b) The public interest is protected adequately.

   Sec. 6.  This act becomes effective upon passage and approval.

 

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