[Rev. 12/21/2019 12:38:49 PM--2019]

CHAPTER 407A - OUTDOOR RECREATION

GENERAL PROVISIONS

NRS 407A.010        Definitions.

NRS 407A.020        “Department” defined.

NRS 407A.025        “Director” defined.

PLANNING; FINANCIAL ASSISTANCE; GRANTS

General Provisions

NRS 407A.100        Definitions.

NRS 407A.105        “Administrator” defined.

NRS 407A.110        “Division” defined.

 

Statewide Plan; Federal Financial Assistance for Outdoor Recreational Projects

NRS 407A.120        Statewide plan for outdoor recreation; financial assistance and accounting for projects.

NRS 407A.130        Representation of state agencies and political subdivisions in obtaining federal assistance for outdoor recreation.

NRS 407A.135        Fees for administration of certain federal grants: Imposition; payment and collection.

NRS 407A.140        Fees for administration of certain federal grants: Disposition; use.

NRS 407A.145        Determination of availability of money for state or local share of costs of project.

 

Outdoor Education and Recreation Grant Program for Pupils

NRS 407A.200        “Grant Program” defined.

NRS 407A.220        Grant Program: Creation; development, administration and governance; regulations.

NRS 407A.225        Administrator required to establish advisory committee; regulations; compensation, allowances and expenses of members; attendance at meetings and performance of duties by members holding public office or employed by governmental entity.

NRS 407A.230        Outdoor Education and Recreation Grant Program Account: Creation; administration; sources; interest and income; uses; claims; nonreversion.

NRS 407A.235        Outdoor Education and Recreation Grant Program Endowment Fund: Creation; administration; sources; uses; claims.

DIVISION OF OUTDOOR RECREATION

NRS 407A.500        Definitions.

NRS 407A.510        “Administrator” defined.

NRS 407A.515        “Advisory Board” defined.

NRS 407A.525        “Division” defined.

NRS 407A.540        Creation.

NRS 407A.545        Administrator: Creation of position; appointment.

NRS 407A.550        Administrator: Qualifications.

NRS 407A.555        Classification of Administrator; limitation regarding other employment.

NRS 407A.560        Duty to employ deputy administrator; limitation regarding other employment; authority to employ other employees.

NRS 407A.565        Authority to purchase material and incur expenses.

NRS 407A.570        General powers and duties of Administrator.

NRS 407A.575        Advisory Board on Outdoor Recreation: Creation; membership; Chair; Vice Chair; meetings; quorum; duties.

NRS 407A.580        Advisory Board on Outdoor Recreation: Compensation, allowances and expenses of members.

NRS 407A.585        Reports required of Administrator.

NRS 407A.590        Gifts, grants and contributions.

NRS 407A.595        Regulations.

_________

GENERAL PROVISIONS

      NRS 407A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 407A.020 and 407A.025 have the meanings ascribed to them in those sections.

      (Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598) — (Substituted in revision for part of NRS 407.011)

      NRS 407A.020  “Department” defined.  “Department” means the State Department of Conservation and Natural Resources.

      (Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598; 2019, 3703) — (Substituted in revision for part of NRS 407.011)

      NRS 407A.025  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598; 2019, 3703) — (Substituted in revision for part of NRS 407.011)

PLANNING; FINANCIAL ASSISTANCE; GRANTS

General Provisions

      NRS 407A.100  Definitions.  As used in NRS 407A.100 to 407A.235, inclusive, unless the context otherwise requires, the words and terms defined in NRS 407A.105 and 407A.110 have the meanings ascribed to them in those sections.

      (Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598) — (Substituted in revision for part of NRS 407.011)

      NRS 407A.105  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598) — (Substituted in revision for part of NRS 407.011)

      NRS 407A.110  “Division” defined.  “Division” means the Division of State Parks of the Department.

      (Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598) — (Substituted in revision for part of NRS 407.011)

Statewide Plan; Federal Financial Assistance for Outdoor Recreational Projects

      NRS 407A.120  Statewide plan for outdoor recreation; financial assistance and accounting for projects.

      1.  The Division shall prepare and maintain a comprehensive statewide outdoor recreation plan. The plan shall contain:

      (a) An evaluation of the demand for and supply of outdoor recreation resources and facilities in the State;

      (b) A program for the implementation of the plan; and

      (c) Other necessary information, as may be determined by the Administrator.

      2.  The plan shall:

      (a) Take into account relevant federal resources and programs; and

      (b) Be correlated so far as practicable with other state, regional and local plans.

      3.  The Administrator, subject to the approval of the Director, may represent and act for the State in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects pursuant to the provisions of federal law. When an outdoor recreation project is combined with an historic preservation project the Director or the Director’s designee is responsible for representing and acting for the State in dealing with the Federal Government.

      4.  The Administrator, subject to the approval of the Director, may accept, administer and disburse to other state agencies and political subdivisions money paid by the Federal Government to the State of Nevada as financial assistance for planning, acquisition or development of outdoor recreation projects, and the Administrator shall, on behalf of the State, keep such records as the Federal Government prescribes, and as will facilitate an effective audit, including records which fully disclose:

      (a) The amount and the disposition by the State of the proceeds of such assistance;

      (b) The total cost of the project or undertaking in connection with such assistance as given or used; and

      (c) The amount and nature of that portion of the cost of the project or undertaking supplied by other sources.

      5.  Authorized representatives of the Federal Government shall have access for the purpose of audit and examination to any books, documents, papers and records of the State that are pertinent to financial assistance received by the State pursuant to federal law for planning, acquisition or development of outdoor recreation projects.

      (Added to NRS by 1964, 26; A 1965, 103; 1971, 124; 1977, 1135, 1361) — (Substituted in revision for NRS 407.205)

      NRS 407A.130  Representation of state agencies and political subdivisions in obtaining federal assistance for outdoor recreation.  The Administrator, subject to the approval of the Director, may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation. In connection with obtaining the benefits of any such program, the Division shall coordinate its activities with and represent the interest of all other agencies and political subdivisions of the State having interests in the planning, development and maintenance of outdoor recreation resources and facilities.

      (Added to NRS by 1965, 102; A 1971, 125; 1977, 1136, 1362) — (Substituted in revision for NRS 407.207)

      NRS 407A.135  Fees for administration of certain federal grants: Imposition; payment and collection.

      1.  The Administrator, subject to the approval of the Director, may charge and collect from each grant recipient a fee for administering the federal grants provided to the State of Nevada and its political subdivisions for the planning, acquisition or development of outdoor recreational projects pursuant to the Land and Water Conservation Fund established by 16 U.S.C. § 460l-5 to the extent that such a fee does not violate the terms of such a federal grant.

      2.  If a fee is charged pursuant to subsection 1:

      (a) The fee must be charged only once annually.

      (b) The total of all fees collected annually pursuant to subsection 1 must not exceed an amount equal to the annual salary of a half-time position the duty of which is to administer the federal grants.

      3.  Notwithstanding any other specific provision to the contrary, if a fee is charged to the Division pursuant to subsection 1, the fee may be paid from money received by the Division for the planning, acquisition or development of outdoor recreational projects regardless of the source of the money to the extent that such payment of the fee does not violate the terms of any federal grant awarded to the State of Nevada.

      (Added to NRS by 2003, 3220) — (Substituted in revision for NRS 407.2072)

      NRS 407A.140  Fees for administration of certain federal grants: Disposition; use.

      1.  Any money the Administrator receives pursuant to NRS 407A.135:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) Does not revert to the State General Fund at the end of any fiscal year; and

      (c) May be used by the Administrator only to pay the costs of administering the federal grants provided for the planning, acquisition or development of outdoor recreational projects pursuant to the Land and Water Conservation Fund established by 16 U.S.C. § 460l-5. The costs of administering those federal grants include, without limitation, costs for the salary, travel expenses and per diem allowances of the person whose duty is to administer the federal grants.

      2.  Any interest or income earned on the money in the account, after deducting applicable charges, must be credited to the account. Any claims against the account must be paid in the manner that other claims against the State are paid.

      (Added to NRS by 2003, 3221) — (Substituted in revision for NRS 407.2074)

      NRS 407A.145  Determination of availability of money for state or local share of costs of project.  The Administrator, subject to the approval of the Director, shall make no commitment, nor shall the Administrator enter into any agreement pursuant to NRS 407A.120 to 407A.145, inclusive, until the Administrator has determined that sufficient funds are available to the Division for meeting the State’s share, if any, of project costs. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under NRS 407A.120 to 407A.145, inclusive, such areas and facilities must be publicly maintained for outdoor recreation purposes. The Administrator, subject to the approval of the Director, may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal aid funds on behalf of any political subdivision or subdivisions of this state if such subdivision or subdivisions give necessary assurances to the Division that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.

      (Added to NRS by 1965, 102; A 1971, 125; 1977, 1136, 1362; 2003, 3223) — (Substituted in revision for NRS 407.209)

Outdoor Education and Recreation Grant Program for Pupils

      NRS 407A.200  “Grant Program” defined.  As used in NRS 407A.200 to 407A.235, inclusive, unless the context otherwise requires, “Grant Program” means the Outdoor Education and Recreation Grant Program created by NRS 407A.220.

      (Added to NRS by 2019, 3960)

      NRS 407A.220  Grant Program: Creation; development, administration and governance; regulations.

      1.  The Outdoor Education and Recreation Grant Program is hereby created for the purpose of awarding grants to eligible public agencies, private nonprofit organizations and other community-based entities to conduct outdoor education and recreation programs for pupils in this State. Such an outdoor education and recreation program must:

      (a) Provide the pupils with high-quality opportunities to directly experience the natural world;

      (b) Integrate that experience with exposure to matters concerning the environment, agriculture, natural resources or other related matters;

      (c) Be designed to improve the overall academic performance, self-esteem, personal responsibility, community involvement, personal health or understanding of nature of pupils; and

      (d) Be primarily focused on pupils who are:

             (1) From economically disadvantaged backgrounds, as measured by their eligibility for free or reduced-price meals pursuant to 42 U.S.C. §§ 1751 et seq. or an alternative measure prescribed by the State Board of Education;

             (2) Most likely to fail academically; or

             (3) Appear to have the greatest potential to drop out of school.

      2.  The Administrator shall, within the limits of available resources, develop and administer the Grant Program and adopt regulations for its governance. The regulations must prescribe, without limitation:

      (a) The criteria for eligibility to receive money from the Grant Program;

      (b) Procedures for the submission and review of applications to receive money from the Grant Program;

      (c) Priorities for program selection that take into account, without limitation, the extent to which a program:

             (1) Contributes to the reduction of academic failure and dropout rates;

             (2) Uses a curriculum that is research-based and effective;

             (3) Contributes to the healthy lifestyles of pupils through outdoor recreation and sound nutrition;

             (4) Makes use of state parks as venues and the personnel of the Department as expert resources;

             (5) Maximizes the number of pupils that can participate;

             (6) Commits to providing matching funds and in-kind resources;

             (7) Creates partnerships with other public or private entities;

             (8) Provides participating pupils with opportunities to directly experience and understand nature and the natural world; and

             (9) Includes ongoing evaluation, assessment, and reporting of the effectiveness of the program.

      3.  As used in this section, “public agency” has the meaning ascribed to it in NRS 277.100.

      (Added to NRS by 2019, 3960)

      NRS 407A.225  Administrator required to establish advisory committee; regulations; compensation, allowances and expenses of members; attendance at meetings and performance of duties by members holding public office or employed by governmental entity.

      1.  The Administrator shall, by regulation, establish an advisory committee to assist and advise the Administrator in the development and administration of the Grant Program. The regulations must specify:

      (a) The membership of the committee;

      (b) The duties of the committee;

      (c) The terms of members of the committee; and

      (d) The rules for the governance of the committee.

      2.  The Administrator shall appoint members to the advisory committee who have knowledge and experience in outdoor education and recreation and matters concerning the environment, agriculture, natural resources or other related matters relevant to the purposes of the Grant Program. The advisory committee must include, without limitation, members from:

      (a) Agencies of state and local government;

      (b) Public schools, private schools, charter schools and school districts;

      (c) Private nonprofit organizations and community-based programs; and

      (d) The business community.

      3.  In addition to the membership prescribed by subsection 2, the Administrator shall appoint to the advisory committee a person who was or is a pupil in this State and participated in an outdoor education and recreation program that was funded by a grant awarded pursuant to NRS 407A.220 or, if no such person is available to serve, a person who represents pupils in this State and has knowledge and experience in outdoor education and recreation programs.

      4.  To the extent that money is available for that purpose, each member of the advisory committee who is not an officer or employee of the State of Nevada is entitled to receive a salary of not more than $80 per day, fixed by the Administrator, for each day or portion of a day spent on the business of the advisory committee. Each member of the advisory committee who is an officer or employee of the State of Nevada serves without additional compensation. To the extent that money is available for that purpose, each member of the advisory committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  Each member of the advisory committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the advisory committee and perform any work necessary to carry out the duties of the advisory committee in the most timely manner practicable. A state agency or local governmental entity may not require an employee who is a member of the advisory committee to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the advisory committee.

      (Added to NRS by 2019, 3961)

      NRS 407A.230  Outdoor Education and Recreation Grant Program Account: Creation; administration; sources; interest and income; uses; claims; nonreversion.

      1.  The Outdoor Education and Recreation Grant Program Account is hereby created in the State General Fund.

      2.  The Administrator shall administer the Account.

      3.  In addition to any direct legislative appropriation, the Administrator may apply for and accept any gift, grant, bequest, donation or other source of money. Except as otherwise provided in NRS 407A.235, any money so received must be deposited in the Account.

      4.  Any interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.

      5.  The money in the Account must be used to carry out the Grant Program.

      6.  Claims against the Account must be paid as other claims against the State are paid.

      7.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      (Added to NRS by 2019, 3962)

      NRS 407A.235  Outdoor Education and Recreation Grant Program Endowment Fund: Creation; administration; sources; uses; claims.

      1.  The Outdoor Education and Recreation Grant Program Endowment Fund is hereby created as a trust fund in the State Treasury.

      2.  The Administrator shall administer the Fund.

      3.  The State Treasurer shall deposit in the Fund:

      (a) Any money that the State Treasurer receives from a person who wishes to contribute to the Fund; and

      (b) Any interest or income earned on money in the Fund.

      4.  The money that represents the principal of the Fund must not be spent for any purpose. The money that represents the interest or income earned may be spent or transferred to the Outdoor Education and Recreation Grant Program Account created by NRS 407A.230 and must be used to carry out the Grant Program.

      5.  Claims against the Fund must be paid as other claims against the State are paid.

      (Added to NRS by 2019, 3962)

DIVISION OF OUTDOOR RECREATION

      NRS 407A.500  Definitions.  As used in NRS 407A.500 to 407A.595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 407A.510, 407A.515 and 407A.525 have the meanings ascribed to them in those sections.

      (Added to NRS by 2019, 3703)

      NRS 407A.510  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 2019, 3703)

      NRS 407A.515  “Advisory Board” defined.  “Advisory Board” means the Advisory Board on Outdoor Recreation created by NRS 407A.575.

      (Added to NRS by 2019, 3703)

      NRS 407A.525  “Division” defined.  “Division” means the Division of Outdoor Recreation of the Department.

      (Added to NRS by 2019, 3703)

      NRS 407A.540  Creation.  There is hereby created the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources.

      (Added to NRS by 2019, 3703)

      NRS 407A.545  Administrator: Creation of position; appointment.

      1.  The position of the Administrator is hereby created.

      2.  The Administrator is appointed by and responsible to the Director.

      (Added to NRS by 2019, 3704)

      NRS 407A.550  Administrator: Qualifications.  The Administrator shall have demonstrated executive ability and be experienced in:

      1.  Marketing and business development; or

      2.  Conservation and implementing or interpreting policies regarding natural resources.

      (Added to NRS by 2019, 3704)

      NRS 407A.555  Classification of Administrator; limitation regarding other employment.

      1.  The Administrator is in the unclassified service of the State.

      2.  Except as otherwise provided in NRS 284.143, the Administrator shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      (Added to NRS by 2019, 3704)

      NRS 407A.560  Duty to employ deputy administrator; limitation regarding other employment; authority to employ other employees.

      1.  The Administrator shall employ a deputy administrator in the unclassified service of the State.

      2.  Except as otherwise provided in NRS 284.143, the deputy administrator shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      3.  The Administrator may employ, within the limits of available money, such other staff as is necessary for the operation of the Division.

      (Added to NRS by 2019, 3704)

      NRS 407A.565  Authority to purchase material and incur expenses.  The Administrator may purchase such material and incur such expenses for traveling and other purposes as may be necessary for the proper conduct and maintenance of the Division, to be paid from the money which may be appropriated for such purposes from time to time, as other state claims are paid.

      (Added to NRS by 2019, 3704)

      NRS 407A.570  General powers and duties of Administrator.

      1.  As the executive head of the Division, the Administrator, subject to administrative supervision by the Director, shall direct and supervise all administrative, fiscal, budget and technical activities of the Division and all programs administered by the Division as provided by law.

      2.  The Administrator may organize the Division into various sections and, from time to time, alter such organization and reassign responsibilities and duties as the Administrator may deem appropriate.

      3.  The Administrator shall:

      (a) Coordinate all activities relating to marketing and business development for outdoor recreation, including, without limitation, marketing, advertising and securing media opportunities that reflect the opportunities for outdoor recreation in this State.

      (b) Coordinate with the Department of Tourism and Cultural Affairs and the Office of Economic Development concerning the promotion and growth of any businesses and opportunities related to outdoor recreation.

      (c) Promote economic development by working with the Office of Economic Development to attract outdoor recreation industries to this State and develop the growth of new business opportunities within this State.

      (d) Coordinate with the Department, the Department of Wildlife and any other organization, association, group or other entity concerned with matters of conservation and natural resources regarding conservation and the implementation or interpretation of policies regarding natural resources.

      (e) Promote the growth of the outdoor recreation economy in this State so that there is support for economic growth as well as stewardship and conservation of any natural resource in this State.

      (f) Advocate for and coordinate outdoor recreation policy, management and promotion among state and federal agencies and local government entities in this State.

      (g) Recommend policies and initiatives to the Director to enhance outdoor recreational amenities and experiences in this State and help implement such policies and initiatives.

      (h) Create and maintain a statewide list of lands to be conserved, enhanced and publicized for outdoor recreation.

      (i) Develop data regarding the impacts of outdoor recreation in this State.

      (j) Advocate on behalf of the State for federal funding, including, without limitation, any funding opportunities that are available pursuant to the Land and Water Conservation Fund established by 54 U.S.C. § 200302.

      (k) Promote the health and social benefits of outdoor recreation.

      (l) Promote the engagement of communities that are diverse in outdoor recreation.

      (Added to NRS by 2019, 3704)

      NRS 407A.575  Advisory Board on Outdoor Recreation: Creation; membership; Chair; Vice Chair; meetings; quorum; duties.

      1.  There is hereby created the Advisory Board on Outdoor Recreation composed of:

      (a) The Lieutenant Governor or his or her designee;

      (b) The Director or his or her designee;

      (c) The Director of the Department of Tourism and Cultural Affairs or his or her designee;

      (d) The Executive Director of the Office of Economic Development or his or her designee;

      (e) The Director of the Department of Wildlife or his or her designee;

      (f) The Administrator of the Division of State Parks of the Department;

      (g) The Chair of the Nevada Indian Commission; and

      (h) The following four members who must be appointed by the Governor from a list of nominees submitted by the Lieutenant Governor and the Director:

             (1) A representative of the outdoor recreation industry;

             (2) A representative of conservation interests;

             (3) A person with experience in and knowledge of education; and

             (4) A person with experience in and knowledge of public health.

      2.  The Lieutenant Governor or his or her designee shall:

      (a) Serve as Chair of the Advisory Board; and

      (b) Appoint a member of the Advisory Board to serve as Vice Chair of the Advisory Board.

      3.  The Advisory Board shall meet at such times and places as are specified by a call of the Chair but not less than once a year. Six members of the Advisory Board constitute a quorum. The affirmative vote of a majority of the Advisory Board members present is sufficient for any action of the Advisory Board.

      4.  The Advisory Board shall advise the Administrator on any matter concerning outdoor recreation in this State.

      (Added to NRS by 2019, 3705)

      NRS 407A.580  Advisory Board on Outdoor Recreation: Compensation, allowances and expenses of members.

      1.  Each member of the Advisory Board who is not a public employee is entitled to receive compensation of not more than $80 per day, as fixed by the Advisory Board, while engaged in the business of the Advisory Board.

      2.  A member of the Advisory Board who is a public employee may not receive any compensation for his or her services as a member of the Advisory Board. Any member of the Advisory Board who is a public employee must be granted administrative leave from the duties of the member to engage in the business of the Advisory Board without loss of his or her regular compensation. Such leave does not reduce the amount of the other accrued leave of the member.

      3.  In addition to any compensation received pursuant to this section, while engaged in the business of the Advisory Board, each member and employee of the Advisory Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 2019, 3706)

      NRS 407A.585  Reports required of Administrator.  The Administrator shall:

      1.  Report to the Director upon all matters pertaining to the administration of the Administrator’s office.

      2.  Submit a biennial report to the Director on the work of the Division, with such recommendations that the Administrator may deem advisable.

      (Added to NRS by 2019, 3705)

      NRS 407A.590  Gifts, grants and contributions.  The Administrator may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons to carry out the provisions of this chapter and to defray expenses incurred by the Division in the discharge of its duties.

      (Added to NRS by 2019, 3705)

      NRS 407A.595  Regulations.  The Administrator may adopt such regulations as necessary for carrying out the provisions of this chapter.

      (Added to NRS by 2019, 3705)