Senate Bill No. 144–Committee on
Government Affairs

 

(On Behalf of the Department of Conservation and Natural Resources, Parks Division)

 

February 18, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to Division of State Parks of State Department of Conservation and Natural Resources. (BDR 35‑493)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 the Division of State Parks of the State Department of Conservation and Natural Resources; authorizing, under certain circumstances, the Administrator of the Division to charge and collect a fee for administering certain federal grants for the planning, acquisition or development of outdoor recreational projects; requiring the Legislature to approve any change to the name of a state park, monument or recreational area; requiring the Administrator of the Division to provide an annual permit to enter all state parks and recreational areas; authorizing the Division to enter into cooperative agreements with certain political subdivisions of this state to establish and maintain certain parks; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

2-1  Section 1. Chapter 407 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 and 3 of this act.

2-3  Sec. 2.  1.  The Administrator, subject to the approval of the

2-4  Director, may charge and collect from each grant recipient a fee

2-5  for administering the federal grants provided to the State of

2-6  Nevada and its political subdivisions for the planning, acquisition

2-7  or development of outdoor recreational projects pursuant to the

2-8  Land and Water Conservation Fund established by 16 U.S.C. §

2-9  460l-5 to the extent that such a fee does not violate the terms of

2-10  such a federal grant.

2-11      2.  If a fee is charged pursuant to subsection 1, the fee must

2-12  be charged only one time for each grant awarded in an amount

2-13  that is based on the direct costs attributable to administering the

2-14  grant by one grants administrator and any associated travel,

2-15  services, supplies and equipment or that is 10 percent of the

2-16  amount of the federal grant, whichever is less.

2-17      3.  Notwithstanding any other specific provision to the

2-18  contrary, if a fee is charged to the Division pursuant to subsection

2-19  1, the fee may be paid from money received by the Division for the

2-20  planning, acquisition or development of outdoor recreational

2-21  projects regardless of the source of the money to the extent that

2-22  such payment of the fee does not violate the terms of any federal

2-23  grant awarded to the State of Nevada.

2-24      Sec. 3.  1.  Any money the Administrator receives pursuant

2-25  to section 2 of this act:

2-26      (a) Must be deposited in the State Treasury and accounted for

2-27  separately in the State General Fund;

2-28      (b) Does not revert to the State General Fund at the end of any

2-29  fiscal year; and

2-30      (c) May be used by the Administrator only to pay the costs of

2-31  administering the federal grants provided for the planning,

2-32  acquisition or development of outdoor recreational projects

2-33  pursuant to the Land and Water Conservation Fund established

2-34  by 16 U.S.C. § 460l-5. The costs of administering those federal

2-35  grants include, without limitation, costs for the salary, travel

2-36  expenses and per diem allowances of the person whose duty is to

2-37  administer the federal grants.

2-38      2.  Any interest or income earned on the money in the

2-39  account, after deducting applicable charges, must be credited to

2-40  the account. Any claims against the account must be paid in the

2-41  manner that other claims against the State are paid.

2-42      Sec. 4.  NRS 407.065 is hereby amended to read as follows:

2-43      407.065  1.  The Administrator, subject to the approval of the

2-44  Director:

3-1  (a) [May] Except as otherwise provided in this paragraph, may

3-2  establish, name, plan, operate, control, protect, develop and

3-3  maintain state parks, monuments and recreational areas for the use

3-4  of the general public. The name of an existing state park,

3-5  monument or recreational area may not be changed unless the

3-6  Legislature approves the change by statute.

3-7  (b) Shall protect state parks and property controlled or

3-8  administered by the Division from misuse or damage and preserve

3-9  the peace within those areas. The Administrator may appoint or

3-10  designate certain employees of the Division to have the general

3-11  authority of peace officers.

3-12      (c) May allow multiple use of state parks and real property

3-13  controlled or administered by the Division for any lawful purpose,

3-14  including, but not limited to, grazing, mining, development of

3-15  natural resources, hunting and fishing, in accordance with such

3-16  regulations as may be adopted in furtherance of the purposes of the

3-17  Division.

3-18      (d) Shall impose and collect reasonable fees for entering,

3-19  camping and boating in state parks and recreational areas. The

3-20  Division shall issue, upon application therefor and proof of

3-21  residency and age, an annual permit for entering, camping and

3-22  boating in all state parks and recreational areas in this state to any

3-23  person who is 65 years of age or older and has resided in this state

3-24  for at least 5 years immediately preceding the date on which the

3-25  application is submitted. The permit must be issued without charge,

3-26  except that the Division shall charge and collect an administrative

3-27  fee for the issuance of the permit in an amount sufficient to cover

3-28  the costs of issuing the permit.

3-29      (e) May conduct and operate such special services as may be

3-30  necessary for the comfort and convenience of the general public,

3-31  and impose and collect reasonable fees for such special services.

3-32      (f) May rent or lease concessions located within the boundaries

3-33  of state parks or of real property controlled or administered by the

3-34  Division to public or private corporations, to groups of natural

3-35  persons, or to natural persons for a valuable consideration upon such

3-36  terms and conditions as the Division deems fit and proper, but no

3-37  concessionaire may dominate any state park operation. Rental and

3-38  lease payments must be deposited in the State General Fund.

3-39      (g) May establish such capital projects construction funds as are

3-40  necessary to account for the parks improvements program approved

3-41  by the Legislature. The money in these funds must be used for the

3-42  construction and improvement of those parks which are under the

3-43  supervision of the Administrator.

3-44      2.  The Administrator:

4-1  (a) Shall issue an annual permit to a person who pays a

4-2  reasonable fee as prescribed by regulation which authorizes the

4-3  holder of the permit to enter each state park and each recreational

4-4  area in this state and, except as otherwise provided in subsection

4-5  3, use the facilities of the state park or recreational area without

4-6  paying the entrance fee; and

4-7  (b) May issue an annual permit to a person who pays a

4-8  reasonable fee as prescribed by regulation which authorizes the

4-9  holder of the permit to enter a specific state park or specific

4-10  recreational area in this state and, except as otherwise provided in

4-11  subsection 3, use the facilities of the state park or recreational

4-12  area without paying the entrance fee.

4-13      3.  An annual permit issued pursuant to subsection 2 does not

4-14  authorize the holder of the permit to engage in camping or

4-15  boating, or to attend special events. The holder of such a permit

4-16  who wishes to engage in camping or boating, or to attend special

4-17  events, must pay any fee established for the respective activity.

4-18      4.  Except as otherwise provided in subsection 1 of NRS

4-19  407.0762 and subsection 1 of NRS 407.0765, the fees collected

4-20  pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2

4-21  must be deposited in the State General Fund.

4-22      Sec. 5.  NRS 407.068 is hereby amended to read as follows:

4-23      407.068  1.  As used in this section:

4-24      (a) “Controlling subdivision” means any political subdivision of

4-25  this state, including irrigation, water conservancy and other districts,

4-26  which owns or controls a site suited to a public park.

4-27      (b) “Other state agency” means any other agency of this state

4-28  which owns or controls a site suited to a public park or is engaged in

4-29  park and recreation development.

4-30      (c) “Park” includes any recreational facility.

4-31      (d) “Using subdivision” means any political subdivision of this

4-32  state which is authorized to establish and maintain public parks.

4-33      2.  The Administrator, subject to the approval of the Director,

4-34  may enter into cooperative agreements for the operation of parks,

4-35  not a part of the Division but which are of state park caliber, with

4-36  any other state agency, controlling subdivision or using subdivision,

4-37  for the primary purpose of establishing or maintaining a park where:

4-38      (a) A controlling subdivision is not authorized to establish or

4-39  maintain parks; or

4-40      (b) A using subdivision would be subjected to an unfair

4-41  financial burden through extensive use of the park by nonresidents

4-42  of the using subdivision.

4-43      3.  Such an agreement [shall] must include:

4-44      (a) The Division;

4-45      (b) The using subdivision in which the site is located; and

5-1  (c) The controlling subdivision or other state agency.

5-2  The agreement may include any other using subdivision whose

5-3  residents may be expected to make substantial use of the park.

5-4  4.  The Division shall apportion the cost of operation, or the

5-5  combined state and local shares of the cost if federal funds are also

5-6  received, as follows:

5-7  (a) As between the State and the using subdivision or

5-8  subdivisions, on the basis of the number of persons residing outside

5-9  the using subdivisions, as against the number of residents of such

5-10  subdivisions, who are estimated or anticipated by the Division to

5-11  use the park.

5-12      (b) As between two or more using subdivisions, on the basis of

5-13  the number of residents of each so estimated or anticipated to use

5-14  the park.

5-15      5.  In addition to the cooperative agreements authorized

5-16  pursuant to subsection 2, the Administrator, subject to the

5-17  approval of the Director, may enter into a cooperative agreement

5-18  with a using subdivision for the purpose of establishing and

5-19  maintaining a park that:

5-20      (a) Is under the jurisdiction of the Division; and

5-21      (b) Will be used primarily by residents of the using

5-22  subdivision.

5-23      Sec. 6.  NRS 407.0762 is hereby amended to read as follows:

5-24      407.0762  1.  The Account for Maintenance of State Parks

5-25  within the Division of State Parks is hereby created in the State

5-26  General Fund. Except as otherwise provided in NRS 407.0765, any

5-27  amount of fees collected pursuant to paragraphs (d) and (e) of

5-28  subsection 1 or subsection 2 of NRS 407.065 in a calendar year,

5-29  which is in excess of the amounts authorized for expenditure from

5-30  that revenue source in the Division’s budget for the fiscal year

5-31  beginning in that calendar year, must be deposited in the Account.

5-32  The interest and income earned on the money in the Account, after

5-33  deducting any applicable charges, must be credited to the Account.

5-34      2.  The money in the Account does not lapse to the State

5-35  General Fund at the end of any fiscal year.

5-36      3.  The money deposited in the Account pursuant to subsection

5-37  1 must only be used to repair and maintain state parks, monuments

5-38  and recreational areas.

5-39      4.  Before the Administrator may expend money pursuant to

5-40  subsection 3:

5-41      (a) For emergency repairs and projects with a cost of less than

5-42  $25,000, he must first receive the approval of the Director.

5-43      (b) For projects with a cost of $25,000 or more, other than

5-44  emergency repairs, he must first receive the approval of the Director

5-45  and of the Interim Finance Committee.

6-1  Sec. 7.  NRS 407.209 is hereby amended to read as follows:

6-2  407.209  The Administrator, subject to the approval of the

6-3  director, shall make no commitment, nor shall he enter into any

6-4  agreement pursuant to NRS 407.205 [to 407.209, inclusive,] ,

6-5  407.207 and 407.209 and sections 2 and 3 of this act until he has

6-6  determined that sufficient funds are available to the Division for

6-7  meeting the State’s share, if any, of project costs. It is the legislative

6-8  intent that, to such extent as may be necessary to assure the proper

6-9  operation and maintenance of areas and facilities acquired or

6-10  developed pursuant to any program participated in by this state

6-11  under NRS 407.205 [to 407.209, inclusive,] , 407.207 and 407.209

6-12  and sections 2 and 3 of this act such areas and facilities [shall]

6-13  must be publicly maintained for outdoor recreation purposes. The

6-14  Administrator, subject to the approval of the Director, may enter

6-15  into and administer agreements with the United States or any

6-16  appropriate agency thereof for planning, acquisition and

6-17  development projects involving participating federal aid funds on

6-18  behalf of any political subdivision or subdivisions of this state if

6-19  such subdivision or subdivisions give necessary assurances to the

6-20  Division that they have available sufficient funds to meet their

6-21  shares, if any, of the cost of the project and that the acquired or

6-22  developed areas will be operated and maintained at the expense of

6-23  such subdivision or subdivisions for public outdoor recreation use.

6-24      Sec. 8.  This act becomes effective upon passage and approval.

 

6-25  H