Senate Bill No. 117–Committee on Natural Resources

(On Behalf of Department of Conservation and Natural Resources—State Lands)

February 13, 2001

____________

Referred to Committee on Natural Resources

SUMMARY—Revises provisions relating to carrying out certain programs in Lake Tahoe Basin. (BDR 26‑395)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

~

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 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

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

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

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

2-8 nonprofit organization or other person or entity to carry out a

2-9 program to preserve, restore and enhance the natural environment of

2-10 the Lake Tahoe Basin. In entering such a contract or agreement, the

2-11 state land registrar shall 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