[Rev. 11/22/2013 9:41:59 AM--2013]

[NAC-548 Revised Date: 11-13]

CHAPTER 548 - CONSERVATION

548.010            Definitions.

548.020            “Annual meeting” defined.

548.030            “Annual report” defined.

548.040            “Annual work plan” defined.

548.050            “Commission” defined.

548.060            “Conservation district” defined.

548.070            “Program” defined.

548.080            Filing of annual reports with Program.

548.085            Submission of statement of accounts of receipts and disbursements.

548.090            Determination of whether conservation district is in good standing: Procedure; effect.

548.100            Petition for reevaluation of determination; review of status and recommendations for improvement; finding that conservation district is in good standing.

548.110            Prerequisites for conservation district to be in good standing.

548.115            Determination of whether conservation district is eligible to receive grant: Procedure.

548.120            Distribution of grants; time restriction on use of grants.

548.130            Duty to account for grants of money.

548.140            Pooling of grants by conservation districts.

548.150            Interpretation of term “reasonable and necessary expenses.”

 

 

 

      NAC 548.010  Definitions. (NRS 548.160)  As used in NAC 548.020 to 548.110, inclusive, unless the context otherwise requires, the words and terms defined in NAC 548.020 to 548.070, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.020  “Annual meeting” defined. (NRS 548.160)  “Annual meeting” means a public meeting of a conservation district held at a regular time each year, during which a public review of the annual report and the annual work plan of the conservation district is conducted.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.030  “Annual report” defined. (NRS 548.160)  “Annual report” means a written report completed by a conservation district at the end of each year that sets forth the accomplishments of the conservation district during that year, and includes a financial report for that year.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.040  “Annual work plan” defined. (NRS 548.160)  “Annual work plan” means a written plan which is developed by a conservation district before the beginning of each year setting forth the plans and the budget of the conservation district for that year.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.050  “Commission” defined. (NRS 548.160)  “Commission” means the State Conservation Commission in the State Department of Conservation and Natural Resources.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.060  “Conservation district” defined. (NRS 548.160)  “Conservation district” has the meaning ascribed to it in NRS 548.032.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.070  “Program” defined. (NRS 548.160)  “Program” means the Conservation Districts Program in the State Department of Conservation and Natural Resources.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.080  Filing of annual reports with Program. (NRS 548.160)  Each conservation district shall file annual reports with the Program which contain such information as the Commission may require.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.085  Submission of statement of accounts of receipts and disbursements. (NRS 548.160)

     1.  The supervisors of each conservation district shall, not later than September 30 of each year, or such later date as approved by the Commission, submit to the Commission a statement of the accounts of receipts and disbursements of the conservation district for the fiscal year ending the immediately preceding June 30.

     2.  The timely submission to the Commission of the statement required by subsection 1 and the approval of the statement or a revised statement by the Commission pursuant to NAC 548.115 shall be deemed by the Commission to satisfy the annual audit requirement set forth in NRS 548.320.

     (Added to NAC by Conservation Comm’n by R081-12, eff. 12-20-2012)

      NAC 548.090  Determination of whether conservation district is in good standing: Procedure; effect. (NRS 548.160, 548.178)

     1.  The Commission, at a regular meeting, will request the Program to review the records of each conservation district that are maintained by the Program and advise the Commission concerning which conservation districts appear to be in good standing.

     2.  If it appears to the Commission that there is evidence that a conservation district is not in good standing:

     (a) The Commission will request the Program to notify the conservation district that there is evidence that it is not in good standing; and

     (b) The Commission will schedule the determination of the status of the conservation district for the next regularly scheduled public meeting of the Commission.

     3.  Upon receiving a notice from the Program that there is evidence that it is not in good standing, a conservation district may respond to the Commission in writing within 60 days after receiving the notice or attend the determination hearing at the next regularly scheduled public meeting of the Commission, or both.

     4.  The Commission will make a final determination as to whether the conservation district is in good standing after it reviews the evidence and hears testimony at its next regularly scheduled public meeting.

     5.  If the Commission determines that a conservation district is not in good standing, it will:

     (a) Place the conservation district on a list which makes it ineligible for grant programs administered by the Commission;

     (b) Notify the Natural Resource Conservation Service that the conservation district is not in good standing; and

     (c) Ask the conservation district if it wishes to be discontinued or consolidated with another conservation district. The Commission may assist the conservation district by following the procedures for discontinuance as set forth in NRS 548.530.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90; A 12-26-95)

      NAC 548.100  Petition for reevaluation of determination; review of status and recommendations for improvement; finding that conservation district is in good standing. (NRS 548.160, 548.178)

     1.  A conservation district that is determined not to be in good standing may petition the Commission at any time requesting a reevaluation of the determination.

     2.  The Program shall review the status of all conservation districts that are not in good standing at least annually and shall recommend to the Commission any actions that may be taken to assist a conservation district in the improvement of its status.

     3.  The Commission may find a conservation district to be in good standing after a public hearing is held during any regularly scheduled meeting of the Commission.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90)

      NAC 548.110  Prerequisites for conservation district to be in good standing. (NRS 548.160, 548.175, 548.178)  To be in good standing, a conservation district must:

     1.  Hold regularly scheduled meetings of the governing board of the conservation district.

     2.  Hold such meetings at least three times each year, one of which must be an annual meeting, except that not more than one meeting of the governing board held during a calendar month may be used to satisfy the requirements of this subsection.

     3.  Properly give notice of each such meeting, prepare an agenda and issue it in conformance with the requirements of chapter 241 of NRS.

     4.  File the agenda for and the minutes taken at each such meeting with the Program within 30 working days after the meeting.

     5.  Hold an election of supervisors on one of the first 10 days of November in each even-numbered year and submit the results of the election to the Program before November 30 of that year.

     6.  Not later than June 1 of each year, or such later date as approved by the Commission, develop a work plan and budget and submit the work plan and budget to the Program.

     7.  Not later than September 30 of each year, or such later date as approved by the Commission, develop an annual report and financial report for the fiscal year ending the immediately preceding June 30 and submit the annual report and financial report to the Program.

     (Added to NAC by Conservation Comm’n, eff. 9-5-90; A 12-26-95; R158-07, 12-4-2007; R081-12, 12-20-2012)

      NAC 548.115  Determination of whether conservation district is eligible to receive grant: Procedure. (NRS 548.160, 548.175, 548.178)

     1.  At the first meeting of the Commission after September 30 of each year:

     (a) The Program shall provide to the Commission a report on each conservation district. The report must include, without limitation, the work plan and budget and the annual report and financial report of each conservation district submitted to the Program pursuant to NAC 548.110.

     (b) The Commission will review the work plan and budget and the annual report and financial report of each conservation district provided to the Commission by the Program pursuant to paragraph (a) and determine whether the actions of the conservation district comply with the requirements of this chapter and chapter 548 of NRS.

     (c) For each conservation district, the Commission will:

          (1) Approve the statement of the accounts of receipts and disbursements of the conservation district that was submitted by the supervisors of the conservation district to the Commission pursuant to NAC 548.085; or

          (2) Require the supervisors to submit to the Commission, not later than 60 days after the meeting, a revised statement of such accounts of receipts and disbursements of the conservation district.

     (d) The Commission will designate a conservation district as being in good standing and eligible to receive a grant of money from the Commission if:

          (1) The Commission determines pursuant to paragraph (b) that the actions of the conservation district comply with the requirements of this chapter and chapter 548 of NRS; and

          (2) The Commission approves the statement of the accounts of receipts and disbursements of the conservation district submitted by the supervisors of the conservation district to the Commission.

     2.  If the Commission requires the supervisors of a conservation district to submit to the Commission a revised statement of the accounts of receipts and disbursements of the conservation district pursuant to paragraph (c) of subsection 1, the Commission will, at the first meeting of the Commission after the revised statement is submitted, designate the conservation district as being in good standing and eligible to receive a grant of money from the Commission if:

     (a) The Commission determines pursuant to paragraph (b) of subsection 1 that the actions of the conservation district comply with the requirements of this chapter and chapter 548 of NRS; and

     (b) The Commission approves the revised statement.

     (Added to NAC by Conservation Comm’n by R081-12, eff. 12-20-2012)

      NAC 548.120  Distribution of grants; time restriction on use of grants. (NRS 548.160, 548.175, 548.178)

     1.  The Commission will equally distribute among the conservation districts that have been designated as being in good standing and eligible to receive a grant of money pursuant to NAC 548.115 all available grants of money provided by legislative appropriation pursuant to paragraph (a) of subsection 1 of NRS 548.178 for the Commission’s program of basic operating grants to conservation districts. A grant of money received by a conservation district is for the fiscal year for which it was granted. Any money which has not been committed for expenditure before July 1 next following the date on which the money was granted must be deducted from any grant awarded to the conservation district for the fiscal year next following the fiscal year for which the money was granted.

     2.  The Commission may, pursuant to paragraph (b) of subsection 1 of NRS 548.178, distribute grants of money provided by sources other than legislative appropriation in such amounts and subject to such conditions as the Commission determines appropriate to any conservation district which the Commission determines qualifies for a grant.

     (Added to NAC by Conservation Comm’n, eff. 12-26-95; A by R158-07, 12-4-2007; R081-12, 12-20-2012)

      NAC 548.130  Duty to account for grants of money. (NRS 548.160, 548.178)  Each conservation district that receives a grant of money pursuant to NAC 548.120 shall:

     1.  Maintain an accurate accounting of all expenditures made from such money; and

     2.  Allow the Commission to review such accounting upon request.

     (Added to NAC by Conservation Comm’n, eff. 12-26-95)

      NAC 548.140  Pooling of grants by conservation districts. (NRS 548.160, 548.178)  Two or more conservation districts may agree to pool any grant of money awarded to them pursuant to NAC 548.120 to carry out a conservation program.

     (Added to NAC by Conservation Comm’n, eff. 12-26-95)

      NAC 548.150  Interpretation of term “reasonable and necessary expenses.” (NRS 548.160, 548.178)  For the purposes of NRS 548.178, the Commission will interpret the term “reasonable and necessary expenses” of a conservation district to include, without limitation:

     1.  Operating expenses of the conservation district, including, without limitation, office supplies, postage, telephone bills and other items approved for the budget of the district;

     2.  Travel expenses of supervisors based on the current rate available for the reimbursement of state officers and employees generally;

     3.  Dues and registration;

     4.  Support staff;

     5.  Conservation programs; and

     6.  Any cost associated with pooling of grants of money.

     (Added to NAC by Conservation Comm’n, eff. 12-26-95)