NAC: CHAPTER 232 - STATE DEPARTMENTS

[Rev. 11/2/2026 2:12:46 PM]

CHAPTER 232 - STATE DEPARTMENTS

[NAC-232 Revised Date: 10-26]

DEPARTMENT OF BUSINESS AND INDUSTRY

General Provisions

232.010 Definitions.

Practice Before Department

232.020 Petition for action on regulation: Filing; contents.

232.030 Petition for action on regulation: Review; notice of decision.

232.040 Petition for declaratory order or advisory opinion: Authorization; filing; contents.

232.045 Petition for declaratory order or advisory opinion: Referral by chief to Director.

232.050 Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion.

232.053 Petition for declaratory order or advisory opinion: Request for Director to review decision of chief.

232.056 Advisory opinion: Oral response prohibited.

232.060 Petition for creation of nonprofit corporation: Filing; contents.

Selection of Chiefs of Divisions

232.100 Application for recognition to submit list of qualified persons: Authorization.

232.110 Application for recognition to submit list of qualified persons: Criteria for approval.

232.120 Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial.

232.130 Notice of vacancy in position; submission of list of qualified persons.

232.140 Criteria for selection of person for appointment.

DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION

232.210 Definitions.

232.220 “Administrator” defined.

232.240 “Division” defined.

232.300 Advisory opinion: Request for issuance; action by Administrator.

232.310 Advisory opinion: Oral response to request.

232.320 Petition for declaratory order: Filing; contents; action by Administrator.

232.330 Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator.

STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

Sagebrush Ecosystem Council: Mitigation of Adverse Impact to Greater Sage-Grouse and Habitat

232.400 Definitions.

232.405 “Anthropogenic disturbance” defined.

232.410 “Credit” defined.

232.413 “De minimis impact” defined.

232.415 “Debit” defined.

232.420 “Greater sage-grouse” defined.

232.423 “Habitat quantification tool” defined.

232.430 “Mineral exploration” defined.

232.433 “Nevada Conservation Credit System” defined.

232.438 “Program Manager” defined.

232.440 “Public lands” defined.

232.445 “Sagebrush Ecosystem Council” defined.

232.447 “Sagebrush Ecosystem Technical Team” defined.

232.450 “Verifier” defined.

232.460 Applicability.

232.470 Duties of person or entity proposing activity or project on public lands that will cause anthropogenic disturbance; submission of certain information to Sagebrush Ecosystem Technical Team; criteria for approval of mitigation plan by Council.

232.475 Issuance of certification of mitigation by Program Manager; compliance with terms set forth in certification.

232.480 Training and certification of verifiers by Sagebrush Ecosystem Technical Team; maintenance of list of trained and certified verifiers.

Nevada Conservation and Recreation Program

232.500 Definitions.

232.503 “Acquisition” defined.

232.505 “Carson River corridor” defined.

232.507 “Conservation district” defined.

232.510 “Credit” defined.

232.513 “Department” defined.

232.515 “Director” defined.

232.517 “Easement for conservation” defined.

232.520 “Historic or cultural resources” defined.

232.523 “Lake Tahoe Path System” defined.

232.525 “Local government” defined.

232.527 “Matching contribution” defined.

232.530 “Nevada Conservation and Recreation Program” or “Program” defined.

232.533 “Nonprofit organization” defined.

232.535 “Project” defined.

232.537 “Public benefit” defined.

232.540 “Recreational facility” defined.

232.543 “Recreational trail” defined.

232.545 “Riparian corridor” defined.

232.547 “Sensitive or unique vegetation” defined.

232.550 “State agency” defined.

232.553 “Trailhead” defined.

232.555 “Truckee River corridor” defined.

232.557 “Water conservancy district” defined.

232.560 “Wetland” defined.

232.563 “Wildlife habitat” defined.

232.565 “Wildlife species” defined.

232.600 Director will implement Program and award grants.

232.610 Solicitation of grant applications; deadlines for submission; contents of submission.

232.613 Requirement for matching contribution; eligibility.

232.615 Preapplication or letter of intent to apply for initial determination of eligibility; review by Department.

232.620 Advisory committee: Establishment; appointment of members.

232.625 Ranking of applications; awarding of grants.

232.630 Agreement between grant recipient and Department: Authorized and prohibited uses of grant.

232.635 Agreement between grant recipient and Department: Contents of agreement; requirements to provide grant money in advance.

232.640 Requirement to maintain purpose of awarded project unchanged; requirement to maintain public access; acquisition and disposal of land or water rights or interest in land or water rights.

232.645 Department review of grant recipient and project for compliance with Program and agreement; determination of noncompliance; corrective action.

DEPARTMENT OF BUSINESS AND INDUSTRY

General Provisions

NAC 232.010 Definitions. (NRS 233B.040) As used in NAC 232.010 to 232.140, inclusive, unless the context otherwise requires:

1. “Chief” means the chief of a division of the Department.

2. “Department” means the Department of Business and Industry.

3. “Director” means the Director of the Department.

(Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

Practice Before Department

NAC 232.020 Petition for action on regulation: Filing; contents. (NRS 233B.100)

1. An interested person who wishes to petition the Director for the adoption, filing, amendment or repeal of a regulation of the Department or a division of the Department must file with the Director and the chief who is authorized to adopt, file, amend or repeal the regulation, the original and one copy of the petition.

2. The petition must include:

(a) The name and address of the petitioner;

(b) A clear and concise statement of the regulation to be adopted, filed, amended or repealed;

(d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

(e) The name of the public officer, Department or division of the Department authorized to adopt, file, amend or repeal the regulation.

(Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

NAC 232.030 Petition for action on regulation: Review; notice of decision. (NRS 233B.100)

1. The Director may refuse to review a petition which requests the adoption, filing, amendment or repeal of a regulation if:

(a) The original petition is not accompanied by one copy of the petition; or

(b) The petition does not contain the information required by NAC 232.020.

2. The Director may require the chief who is authorized to adopt the regulation to review the petition and issue a decision.

3. The Director or the chief designated by the Director pursuant to subsection 2 will notify the petitioner in writing of his or her decision within 30 days after the petition is filed.

(Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

NAC 232.040 Petition for declaratory order or advisory opinion: Authorization; filing; contents. (NRS 233B.120)

1. Except as otherwise provided in subsection 4, an interested person may petition the Director to issue a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Department or any of its divisions.

2. The original and one copy of the petition must be filed with:

(a) The chief who is authorized to administer or enforce the statute or regulation or to issue the decision; or

(b) The Director, if the statute, regulation or decision is administered or enforced by the Director.

3. The petition must include:

(a) The name and address of the petitioner;

(b) The reason for requesting the order or opinion;

(d) A clear and concise statement of the question to be decided by the Director or chief and the relief sought by the petitioner.

4. An interested person may not file a petition for a declaratory order or an advisory opinion concerning a question or matter that is an issue in an administrative, civil or criminal proceeding in which the interested person is a party.

(Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

NAC 232.045 Petition for declaratory order or advisory opinion: Referral by chief to Director. (NRS 233B.120) Upon receipt of a petition for a declaratory order or an advisory opinion, a chief:

1. Shall send the petition to the Director for his or her decision if it contains an issue:

(a) Concerning significant public policy, including, but not limited to:

(1) A question concerning more than one division in the Department;

(2) A question of first impression;

(3) A constitutional question; or

(4) An issue that has an effect on the budget of the Department.

(b) That is specified by the Director and concerns the administration of the Department pursuant to subsection 2 of NRS 232.520.

2. May, with the consent of the Director, send to the Director for his or her decision the petition:

(a) If the petitioner agrees; or

(b) For good cause shown.

3. The Director will specify the issues that concern the administration of the Department pursuant to subsection 2 of NRS 232.520 which must be referred to the Director by a chief in accordance with paragraph (b) of subsection 1.

(Added to NAC by Dep’t of Commerce, eff. 5-14-92)

NAC 232.050 Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion. (NRS 233B.120)

1. The Director or a chief may refuse to review a petition which requests him or her to issue a declaratory order or advisory opinion if:

(a) The original petition is not accompanied by one copy of the petition; or

(b) The petition does not contain the information required by NAC 232.040.

2. The Director or chief with whom the petition is filed may:

(a) Conduct an informal hearing to determine issues of fact or to hear argument related to the petition and may enter reasonable orders that govern the conduct of such a hearing.

(b) Request the petitioner to provide additional information or arguments relating to the petition.

(c) Issue a declaratory order or an advisory opinion based upon the contents of the petition and any material submitted with the petition.

(d) Consider relevant decisions that have been issued by the Department or division which apply or interpret the statute, regulation or decision in question.

(e) Enter any reasonable order to assist his or her review of the petition.

3. The Director or chief with whom the petition is filed will maintain a record of the order or opinion that is indexed by subject matter and mail a copy of the order or opinion to the petitioner within 60 days after:

(a) The petition is filed;

(b) The petition is referred to the Director for decision;

(d) Any additional information or written argument is received by the Director or the chief,

Ê whichever occurs later.

(Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

NAC 232.053 Petition for declaratory order or advisory opinion: Request for Director to review decision of chief. (NRS 233B.120)

1. After receipt of a decision from a chief concerning the applicability or interpretation of a statute, regulation or decision of the division, a petitioner may request the Director to review the decision.

2. A request made pursuant to subsection 1 must:

(a) Be in writing;

(b) Contain the information required pursuant to NAC 232.040; and

3. The Director will review the request in accordance with the provisions of subsections 2 and 3 of NAC 232.050.

(Added to NAC by Dep’t of Commerce, eff. 5-14-92)

NAC 232.056 Advisory opinion: Oral response prohibited. (NRS 233B.120) The Director or a chief will not render an oral advisory opinion or respond over the telephone to a request for an advisory opinion. An oral response or a response given over the telephone by a member of the staff of the Department is not a decision or an advisory opinion of the Department.

(Added to NAC by Dep’t of Commerce, eff. 5-14-92)

NAC 232.060 Petition for creation of nonprofit corporation: Filing; contents. (NRS 233B.050)

1. A petition which requests the Director to create or cause to be created a nonprofit corporation pursuant to NRS 81.350 to 81.400, inclusive, must be filed with the Director.

2. The petition must include:

(a) The name and address of the petitioner;

(b) A clear and concise statement setting forth the reason why the corporation is necessary or convenient for the exercise of the powers and duties of the Department;

(d) The information required to be included in the certificate of incorporation filed pursuant to NRS 81.350 to 81.400, inclusive; and

(e) Any other information the Director may require.

(Added to NAC by Dep’t of Commerce, eff. 12-17-87)

Selection of Chiefs of Divisions

NAC 232.100 Application for recognition to submit list of qualified persons: Authorization. (NRS 233B.050) Any professional organization, association or other group may apply to the Director to be recognized to submit a list of qualified persons for appointment as chief of a division of the Department.

(Added to NAC by Dep’t of Commerce, eff. 4-30-92)

NAC 232.110 Application for recognition to submit list of qualified persons: Criteria for approval. (NRS 233B.050) The Director will approve an application submitted pursuant to NAC 232.100 if he or she finds that the professional organization, association or other group:

1. Has an identifiable statewide membership, is affiliated with a national organization that has identifiable members who are actively engaged in the practice of a profession regulated by a division of the Department or has the capability of representing, on a statewide basis, members of the profession or business class for which it seeks approval to submit a list of qualified persons;

2. Is a corporation, partnership or professional association organized and created in accordance with the provisions of title 7 of NRS or is an established entity in this State;

3. Has a membership that is licensed, regulated or otherwise involved in the activity which is the subject of the laws administered or enforced by the chief of a division of the Department; and

4. Has demonstrated the capability and desire to assist the Director in obtaining information from all persons and groups in the industry, profession or class of business with which the group is associated for the purpose of identifying qualified persons for appointment as chief of a division of the Department.

(Added to NAC by Dep’t of Commerce, eff. 4-30-92)

NAC 232.120 Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial. (NRS 233B.050)

1. Within 30 days after receiving an application submitted pursuant to NAC 232.100, the Director will notify the applicant that its application has been:

(a) Approved and will indicate the division or divisions for which the group has been approved to submit the names of qualified persons; or

(b) Denied and will set forth the reasons for the denial.

2. Any applicant whose application is denied may reapply if new evidence or new circumstances exist.

(Added to NAC by Dep’t of Commerce, eff. 4-30-92)

NAC 232.130 Notice of vacancy in position; submission of list of qualified persons. (NRS 233B.050)

1. If a vacancy occurs in the position of chief of a division of the Department, the Director will:

(a) Give public notice of the vacancy; and

(b) Make a good faith effort to give notice promptly to any professional organization, association or other group that has been approved by the Director to submit a list of qualified persons for appointment as chief of the division.

2. When a vacancy occurs, any professional organization, association or other group that has been approved by the Director may submit, within such time as is permitted by the Director, a list of qualified persons. The list must be submitted in such form as is specified or permitted by the Director. The organization, association or other group shall acknowledge, in writing, that a good faith effort has been made to:

(a) Verify that each person whose name appears on the list meets the minimum statutory qualifications for the position; and

(b) Give notice to each such person of the factors set forth in NAC 232.140 that will be considered by the Director in making recommendations to the Governor.

(Added to NAC by Dep’t of Commerce, eff. 4-30-92)

NAC 232.140 Criteria for selection of person for appointment. (NRS 233B.050)

1. Before submitting the name of a person to the Governor for approval of the appointment of the person as chief of a division of the Department, the Director will consider the person’s ability to:

(a) Relate well with other persons;

(b) Motivate and lead other persons;

(d) Give clear directions;

(e) Listen effectively;

(f) Act towards others in an objective and fair manner;

(g) Plan and organize his or her time;

(h) Anticipate and solve problems;

(i) Accomplish objectives with minimum resources;

(j) Read, understand and apply statutes, regulations and policies;

(k) Work with Legislators in developing legislation;

(l) Work within the state budget and personnel system;

(m) Maintain efficiency and effectiveness under heavy workloads and during times when the amount of work has increased;

(n) Communicate effectively, both verbally and in writing;

(o) Deal effectively with unexpected events; and

(p) Understand and carry out the directives of his or her superiors and of Legislators.

2. The Director will also consider the person’s:

(a) Experience outside the field for which he or she is being considered;

(b) Experience in the field for which he or she is being considered, including any training the person may have received; and

(c) Inclusion on any list of names submitted by any professional organization, association or other group that has been approved by the Director.

(Added to NAC by Dep’t of Commerce, eff. 4-30-92)

DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION

NAC 232.210 Definitions. (NRS 232.945) As used in NAC 232.210 to 232.330, inclusive, unless the context otherwise requires, the words and terms defined in NAC 232.220 and 232.240 have the meanings ascribed to them in those sections.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

NAC 232.220 “Administrator” defined. (NRS 232.945) “Administrator” means the Administrator of the Division.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

NAC 232.240 “Division” defined. (NRS 232.945) “Division” means the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

NAC 232.300 Advisory opinion: Request for issuance; action by Administrator. (NRS 232.945, 233B.120)

1. Except as otherwise provided in subsection 3, a person may request that the Administrator issue an advisory opinion concerning the applicability of a statute, regulation or decision of the Administrator.

2. A request for an advisory opinion must be in writing and set forth:

(a) The name and address of the person requesting the advisory opinion;

(b) A clear and concise statement of the specific question for which the advisory opinion is being sought; and

3. A person may not request an advisory opinion concerning a question or matter that is an issue in a pending administrative, civil or criminal proceeding.

4. The Administrator will review a request for an advisory opinion and issue a response within 30 days after receiving the request.

5. An advisory opinion issued by the Administrator will be limited to the facts and circumstances set forth in the request.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

NAC 232.310 Advisory opinion: Oral response to request. (NRS 232.945, 233B.120) The Administrator will not render an oral advisory opinion to a request for an advisory opinion. An oral response, including, without limitation, a response given over the telephone, by a member of the staff of the Administrator is not a decision or an official advisory opinion of the Administrator.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

NAC 232.320 Petition for declaratory order: Filing; contents; action by Administrator. (NRS 232.945, 233B.120)

1. Except as otherwise provided in subsection 4, a person may file a petition with the Administrator requesting that the Administrator issue a declaratory order concerning the applicability of a statute, regulation or decision of the Administrator.

2. A person who files a petition for a declaratory order must file with the Administrator the original and two copies of the petition.

3. A petition for a declaratory order must include:

(a) The name and address of the petitioner;

(b) The reason for requesting the declaratory order;

(d) A clear and concise statement of the question or matter to be decided by the Administrator.

4. A person may not file a petition for a declaratory order concerning a question or matter that is an issue in a pending administrative, civil or criminal proceeding.

5. The Administrator may refuse to review a petition that requests the issuance of a declaratory order if:

(a) The original petition is not accompanied by two copies of the petition; or

(b) The petition does not contain the information required by subsection 3.

6. The Administrator may:

(a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and may enter reasonable orders that govern the conduct of the hearing.

(b) Request that the petitioner provide additional information or arguments relating to the petition.

(d) Consider relevant decisions that have been issued by the Administrator or any other entity which apply or interpret the statute, regulation or decision in question.

(e) Consider any other information the Administrator determines is relevant to the question or matter to be decided by the Administrator.

(f) Enter any reasonable order to assist his or her review of the petition.

7. The Administrator will maintain a record of the declaratory order that is indexed by subject matter and will mail a copy of the declaratory order to the petitioner within 60 days after:

(a) The petition is filed;

(b) A hearing is conducted concerning the petition; or

Ê whichever occurs later.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

NAC 232.330 Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator. (NRS 232.945, 233B.100)

1. Any person who wishes to petition for the adoption, filing, amendment or repeal of a regulation of the Administrator must file with the Administrator the original and two copies of the petition.

2. A petition for the adoption, filing, amendment or repeal of a regulation must include:

(a) The name and address of the petitioner;

(b) A clear and concise statement, including, if applicable, the proposed language of the regulation to be adopted, filed, amended or repealed;

(d) The statutory authority for the adoption, filing, amendment or repeal of the regulation.

3. The Administrator may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if:

(a) The original petition is not accompanied by two copies of the petition; or

(b) The petition does not contain the information required by subsection 2.

4. The Administrator will notify the petitioner in writing of his or her decision with regard to the petition within 30 days after the petition is filed.

(Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

Sagebrush Ecosystem Council: Mitigation of Adverse Impact to Greater Sage-Grouse and Habitat

NAC 232.400 Definitions. (NRS 232.162) As used in NAC 232.400 to 232.480, inclusive, unless the context otherwise requires, the words and terms defined in NAC 232.405 to 232.450, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.405 “Anthropogenic disturbance” defined. (NRS 232.162) “Anthropogenic disturbance” means any direct or indirect adverse impact to the greater sage-grouse or the habitat of the greater sage-grouse, as determined by the Sagebrush Ecosystem Council.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.410 “Credit” defined. (NRS 232.162) “Credit” means a unit of habitat conservation of the greater sage-grouse as quantified pursuant to the habitat quantification tool or other method approved by the Sagebrush Ecosystem Council.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.413 “De minimis impact” defined. (NRS 232.162) “De minimis impact” means an anthropogenic disturbance for which the adverse impact to the greater sage-grouse or the habitat of the greater sage-grouse has been determined by the Sagebrush Ecosystem Council to be minor or trivial.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.415 “Debit” defined. (NRS 232.162) “Debit” means a unit of loss or degradation of habitat of the greater sage-grouse caused by an anthropogenic disturbance as quantified pursuant to the habitat quantification tool.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.420 “Greater sage-grouse” defined. (NRS 232.162) “Greater sage-grouse” means the species of bird classified as Centrocercus urophasianus.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.423 “Habitat quantification tool” defined. (NRS 232.162) “Habitat quantification tool” means the science-based method of calculating debits and credits in the Nevada Conservation Credit System.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.430 “Mineral exploration” defined. (NRS 232.162) “Mineral exploration” means the exploration of gas, oil, coal and other gaseous, liquid and solid hydrocarbons, oil shale, cement material, sand, gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, precious metals, base metals and industrial minerals.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.433 “Nevada Conservation Credit System” defined. (NRS 232.162) “Nevada Conservation Credit System” means the system established by the Sagebrush Ecosystem Council pursuant to NRS 232.162 that calculates:

1. Debits that will be caused by a proposed activity or a project.

2. Credits that are created to protect, enhance or restore sagebrush ecosystems.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.438 “Program Manager” defined. (NRS 232.162) “Program Manager” means the program manager of the Sagebrush Ecosystem Technical Team.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.440 “Public lands” defined. (NRS 232.162) “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands to which title is held by any private person, private entity or local government.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.445 “Sagebrush Ecosystem Council” defined. (NRS 232.162) “Sagebrush Ecosystem Council” means the Sagebrush Ecosystem Council created by NRS 232.162.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.447 “Sagebrush Ecosystem Technical Team” defined. (NRS 232.162) “Sagebrush Ecosystem Technical Team” means the interagency technical team created by the Governor pursuant to Executive Order No. 2012-19 to support the Sagebrush Ecosystem Council.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.450 “Verifier” defined. (NRS 232.162) “Verifier” means a person trained and certified by the Sagebrush Ecosystem Technical Team to use the habitat quantification tool for the purpose of calculating:

1. The debits related to an anthropogenic disturbance; and

2. The number of credits necessary to offset such debits.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.460 Applicability. (NRS 232.162)

1. Except as otherwise provided in this section and to the extent it is not prohibited by federal law, the provisions of NAC 232.400 to 232.480, inclusive, apply to any person or entity that proposes an activity or project on public lands subject to state or federal review, approval or authorization, that will cause an anthropogenic disturbance.

2. The provisions of NAC 232.400 to 232.480, inclusive, do not apply to:

(a) A direct anthropogenic disturbance on private lands;

(b) An activity or project which was approved by all relevant federal agencies and state agencies before December 7, 2018, so long as the activity or project maintains compliance with any condition or requirement for any such approval;

(c) An activity or project using a mitigation agreement or framework agreement for greater sage-grouse signed by the United States Fish and Wildlife Service before December 7, 2018, and any amendments thereto;

(d) A mineral exploration project which is limited to a surface disturbance of not more than 5 acres;

(e) An activity or project that:

(1) Is necessary to protect public health or safety; or

(2) Will have a de minimis impact to greater sage-grouse and sagebrush ecosystems in this State; or

(f) Any emergency activity or routine administrative activity that:

(1) Is performed by a federal agency, state agency, local government or utility for a public purpose; and

(2) Does not require any additional approval from the Federal Government or the State.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.470 Duties of person or entity proposing activity or project on public lands that will cause anthropogenic disturbance; submission of certain information to Sagebrush Ecosystem Technical Team; criteria for approval of mitigation plan by Council. (NRS 232.162)

1. Any person or entity that proposes an activity or a project on public lands, subject to state or federal review, approval or authorization, that will cause an anthropogenic disturbance shall:

(a) Submit to the Sagebrush Ecosystem Technical Team sufficient information for determining the adverse impact the proposed activity or project will have to the greater sage-grouse or the habitat of the greater sage-grouse, including, without limitation, geographic information system data files and work with the Sagebrush Ecosystem Technical Team to avoid and minimize such adverse impact to the greatest extent possible; and

(b) Have the direct and indirect impacts of the anthropogenic disturbance:

(1) Quantified by a verifier in terms of the number of debits that the activity or project will cause. Upon completion of his or her calculations, the verifier shall submit the calculations to the Program Manager. The Program Manager shall use the habitat quantification tool and available field data to conduct a quality assurance of the calculations of the verifier not later than 30 days after the verifier submits his or her final calculations to the Program Manager. If there is a difference between the calculations of debits by the verifier and Program Manager, the Program Manager will work with the verifier to finalize the calculation. If there is still a difference between the calculations of debits by the verifier and the Program Manager, the calculations of debits by the Program Manager apply to the activity or project; and

(2) Mitigated by:

(I) Acquiring from or transferring a sufficient number of credits in the Nevada Conservation Credit System to offset the number of debits determined pursuant to subparagraph (1); or

(II) Developing a mitigation plan with the Sagebrush Ecosystem Technical Team approved by the Sagebrush Ecosystem Council pursuant to subsection 2 that will generate enough credits to offset the direct and indirect adverse impacts the proposed activity or project will have to the greater sage-grouse or the habitat of the greater sage-grouse.

2. In determining whether to approve a mitigation plan, the Sagebrush Ecosystem Council must consider:

(a) The conservation actions that are included in the plan and the number of credits to be generated from such conservation actions;

(b) The location where the credits will be generated;

(d) The length of time the credits will be maintained;

(e) Whether the credit durability provisions of the plan include appropriate mechanisms to ensure that a sufficient number of credits will be maintained for the appropriate amount of time; and

(f) Whether the financial provisions ensure maintenance of the credits for the duration of the activity or project.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.475 Issuance of certification of mitigation by Program Manager; compliance with terms set forth in certification. (NRS 232.162)

1. Not later than 10 working days after completion of the process set forth in NAC 232.470, the Program Manager must issue to the person or entity that is proposing the activity or project a certification of mitigation that sets forth:

(a) The number of credits that the person or entity will acquire from or transfer to the Nevada Conservation Credit System; or

(b) The mitigation plan approved by the Sagebrush Ecosystem Council pursuant to NAC 232.470 that will mitigate the direct and indirect adverse impacts that the proposed activity or project will have to the greater sage-grouse or the habitat of the greater sage-grouse.

2. The person or entity to whom a certification of mitigation is issued must ensure compliance with the terms set forth in the certification of mitigation for the duration of the activity or project.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

NAC 232.480 Training and certification of verifiers by Sagebrush Ecosystem Technical Team; maintenance of list of trained and certified verifiers. (NRS 232.162) The Sagebrush Ecosystem Technical Team shall:

1. Train and certify persons to be verifiers; and

2. Maintain a list on the Internet website of the Sagebrush Ecosystem Program of all verifiers who have been so trained and certified for the current calendar year.

(Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

Nevada Conservation and Recreation Program

NAC 232.500 Definitions. (§§ 2 and 3 of ch. 480, Stats. 2019) As used in NAC 232.500 to 232.645, inclusive, unless the context otherwise requires, the words and terms defined in NAC 232.503 to 232.565, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.503 “Acquisition” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Acquisition” means the securing of the right of public use of real property or the benefit thereof by the purchase or donation of an interest in that real property.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.505 “Carson River corridor” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Carson River corridor” includes, without limitation, the 100-year floodplain of the Carson River, land adjacent to the 100-year floodplain of the Carson River, sloughs or ponds of the Carson River, old meanders and oxbows of the Carson River and any tributary of the Carson River within its recognized hydrographic basins.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.507 “Conservation district” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Conservation district” has the meaning ascribed to it in NRS 548.032.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.510 “Credit” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Credit” has the meaning ascribed to it in NAC 232.410.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.513 “Department” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Department” means the State Department of Conservation and Natural Resources.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.515 “Director” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Director” means the Director of the Department or his or her designee.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.517 “Easement for conservation” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Easement for conservation” has the meaning ascribed to it in NRS 111.410.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.520 “Historic or cultural resources” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Historic or cultural resources” means any surviving evidence that relates to the history of the use of the land from the earliest human occupation to recent historical activities. Surviving evidence may include, without limitation, sites, structures, districts, objects, artifacts and historic documents associated with or representative of peoples, cultures and human activities and events from any period of time, including, without limitation, the present.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.523 “Lake Tahoe Path System” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Lake Tahoe Path System” means the pedestrian and bicycle shared use path system that extends from Incline Village, Nevada to Stateline, Nevada, as laid out in the 2020 Regional Transportation Plan of the Tahoe Regional Planning Agency. The term includes, without limitation, trail facilities, support infrastructure, mobility hubs, bicycle and pedestrian counters, trailheads, trail connectors and shared use pathways.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.525 “Local government” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Local government” means any political subdivision of this State, including, without limitation, a county, city, town, general improvement district, conservancy district, water conservancy district or any other district that performs a governmental function.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.527 “Matching contribution” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Matching contribution” includes money or anything of value, including, without limitation, the use of personnel, materials or equipment that is expended on a project.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.530 “Nevada Conservation and Recreation Program” or “Program” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Nevada Conservation and Recreation Program” or “Program” means the grant program created pursuant to subsections 8, 9 and 10 of section 2 of Assembly Bill No. 84, chapter 480, Statutes of Nevada 2019, at page 2861, and NAC 232.500 to 232.645, inclusive.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.533 “Nonprofit organization” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Nonprofit organization” means an entity or organization that is exempt from federal income taxation pursuant to 26 U.S.C. § 501(c)(3).

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.535 “Project” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Project” includes, without limitation:

1. The design and construction of outdoor recreational facilities, recreational trails and campsites;

2. The acquisition of land and water rights or interests in land and water rights to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, floodplains, wetlands, other environmental resources and open spaces;

3. The acquisition of credits to protect, enhance or restore sagebrush ecosystems;

4. The creation of resilient landscapes;

5. Catastrophic wildfire mitigation and restoration;

6. The maintenance or restoration of watersheds;

7. The maintenance or restoration of river corridors; and

8. Those activities, acquisitions, construction, design, planning, studies and environmental, cultural or other reviews that preserve and protect, or obtain the benefits of, the property and natural, historic or cultural resources of the State of Nevada.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.537 “Public benefit” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Public benefit” means the outcome of a project that obtains, protects, preserves, supports or enhances the benefits of property, natural, historic or cultural resources for current and future residents of the State of Nevada.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.540 “Recreational facility” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Recreational facility” means a facility for the use and enjoyment of a recreational area or trail that provides an opportunity for the observation, interpretation, outdoor recreation or enjoyment of natural, historic or cultural resources.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.543 “Recreational trail” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Recreational trail” means:

1. A trail, pathway, water trail or similar area for walking, hiking, bicycling, horseback riding, exercising or any other outdoor recreational activity;

2. Trail infrastructure that provides public access to outdoor recreational resources, existing trail connections or pathways that facilitate access to natural, historic or cultural resources; and

3. Trail features, including, without limitation, trail junctions, points of interest, recreation stops, scenic points, sites of trail amenities and interpretive signage.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.545 “Riparian corridor” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Riparian corridor” means land related to or located on the bank of or adjacent to a natural or artificial waterway, including, without limitation, a river, intermittent or permanent creek or stream, gully where surface water collects, wetland, lake, pond or ditch, if the land exhibits plant types unique to areas with periodic or perennial water sources of a magnitude greater than the surrounding uplands.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.547 “Sensitive or unique vegetation” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Sensitive or unique vegetation” means any:

1. Native species, cluster of native species or type of habitat that contains a rare, threatened or endangered native plant species designated by an appropriate federal or state agency;

2. Species of plant or network of vegetation that has characteristics that have been identified as worthy of special consideration; or

3. Species of plant or network of vegetation that is highly restricted in distribution or that occurs only in a specialized habitat or supports another rare, threatened or endangered species.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.550 “State agency” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “State agency” means any agency, department or division of the Executive Department of this State, including, without limitation, the Nevada System of Higher Education.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.553 “Trailhead” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Trailhead” means a point at which a recreational trail or path system begins, diverts or terminates, including, without limitation, restrooms, parking, signage, an interpretive site or any other item that provides public accessibility, information or support for the public utilization of a recreational trail or path system.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.555 “Truckee River corridor” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Truckee River corridor” includes, without limitation, the 100-year floodplain of the Truckee River, the land adjacent to the 100-year floodplain of the Truckee River, sloughs or ponds of the Truckee River, old meanders and oxbows of the Truckee River and any tributary of the Truckee River within the recognized hydrographic basins of the Truckee River.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.557 “Water conservancy district” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Water conservancy district” has the meaning ascribed to it in NRS 541.020.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.560 “Wetland” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Wetland” means the transitional lands between terrestrial and aquatic systems, where the water table is usually at or near the surface or the land is covered by shallow water, which have a stable water source and:

1. At least periodically, the land supports hydrophytes predominantly;

2. The substrate is predominantly undrained hydric soil; or

3. The substrate is saturated with water or covered by shallow water at some time during the growing season of each year.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.563 “Wildlife habitat” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Wildlife habitat” means a diverse natural area with a combination of the necessary resources and environmental conditions that promote a population of at least one native wildlife species and allows the wildlife species to carry out any part of its lifecycle and persist.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.565 “Wildlife species” defined. (§§ 2 and 3 of ch. 480, Stats. 2019) “Wildlife species” means any native species of animal, including, without limitation, insects, amphibians, reptiles and any other vertebrate or invertebrate.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.600 Director will implement Program and award grants. (§§ 2 and 3 of ch. 480, Stats. 2019) In accordance with subsections 8, 9 and 10 of section 2 of Assembly Bill No. 84, chapter 480, Statutes of Nevada 2019, at page 2861, the Director will implement the Nevada Conservation and Recreation Program to award grants of money from the sale of general obligation bonds of this State as follows:

1. An amount not to exceed $10,000,000 for grants to state agencies, local governments and nonprofit organizations or subdivisions thereof to enhance and restore the Truckee River corridor and watershed and the Carson River corridor and watershed;

2. An amount not to exceed $5,000,000 for grants to Douglas County, Washoe County, Carson City or other local governments located within those counties to enhance the Lake Tahoe Path System; and

3. An amount not to exceed $57,500,000 for grants to:

(a) State agencies, local governments or nonprofit organizations for the design, planning or construction of recreational facilities, campsites and recreational trails and trailheads. Any project paid for by a grant awarded pursuant to this paragraph must be for the protection, preservation and sustainable public use of the property and natural resources of this State or for the purposes of obtaining the benefits thereof. The Director will coordinate with the Division of State Parks of the Department and the Division of Outdoor Recreation of the Department when awarding grants pursuant to this paragraph.

(b) Counties and other local governments for the acquisition of land and water rights or interests in land and water rights to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources in accordance with an adopted plan for open spaces. The Director will coordinate with the Division of State Lands of the Department when awarding grants pursuant to this paragraph.

(c) State agencies, local governments and nonprofit organizations for the acquisition and retirement of credits for the protection, enhancement or restoration of sagebrush ecosystems in accordance with NAC 232.400 to 232.480, inclusive. Any credits acquired with grant money awarded pursuant to this paragraph may only be used for the purpose of the retirement of the credits and may not be used to meet environmental mitigation requirements.

(d) State agencies, local governments and nonprofit organizations for carrying out projects to create resilient landscapes by reducing the threat of catastrophic wildfire, improving the condition and ecological health of watersheds or rehabilitating lands damaged by wildland fires. The Director will coordinate with the Division of Forestry of the Department and the Department of Wildlife when awarding grants pursuant to this paragraph.

(e) State agencies, local governments and nonprofit organizations for the inventory, enhancement and restoration of wetlands. The Director will coordinate with the Division of Natural Heritage of the Department and the Department of Wildlife when awarding grants pursuant to this paragraph.

(f) To carry out contracts or agreements under which a nonprofit organization may acquire land and water rights or interests in land and water rights for the public benefit to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources. The State must hold an interest in any property or interest in property acquired pursuant to this paragraph.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.610 Solicitation of grant applications; deadlines for submission; contents of submission. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. The Director may periodically solicit:

(a) Applications for the grants described in NAC 232.600 from state agencies, local governments and nonprofit organizations for the grants of money;

(b) Applications from nonprofit organizations for carrying out contracts or agreements to acquire land and water rights or interests in land and water rights for the Nevada Conservation and Recreation Program; and

(c) Project lists from state agencies, local governments and nonprofit organizations to help assess the need for projects of the Nevada Conservation and Recreation Program.

2. The Director will establish deadlines for the submission of applications solicited pursuant to subsection 1.

3. An application for a grant must be submitted on a form provided by the Department and include, without limitation:

(a) The total estimated cost of the project which must include, without limitation, the estimated costs for planning, design, acquisitions and construction, as applicable;

(b) A description of the manner in which the project meets the purpose of the grant, as described in NAC 232.600;

(c) A proposed schedule for the project which must include, without limitation, the planning and implementation phases of the project;

(d) If the applicant is a nonprofit organization, documentation of the qualifications of the nonprofit organization;

(e) A description of the matching contributions that will be provided by the applicant, including, without limitation, the matching contribution that is required pursuant to NAC 232.613;

(f) If the applicant is a nonprofit organization and the project includes the acquisition of land or water rights or any interest in land or water rights:

(1) The most current financial statement of the nonprofit organization and a copy of the Form 990 of the nonprofit organization filed with the Internal Revenue Service of the United States Department of the Treasury for the last 3 fiscal years; and

(2) Specific details concerning the manner in which the money of the State will be secured by an interest in the land or water rights;

(g) A map of the location of the project and a plan for the site of the project indicated in an appropriate scale on the map;

(h) Documentation that the project conforms to any applicable federal, state or local plans;

(i) Documentation and a statement by the applicant that the applicant has made a good faith effort to contact any property owners potentially impacted by the project, including, without limitation, any letters of support or opposition received by the applicant regarding the project;

(j) Documentation that the applicant has contacted any stakeholders, including, without limitation, local governments and federal, state or local land management agencies which must include, without limitation, any statements from any stakeholders affected by the project that details any issues or concerns about the project and whether the stakeholder supports or opposes the project;

(k) Any environmental reviews, site planning documents, archaeological or other site impact statements, reviews or permits required to proceed with the project;

(l) An identification of any known potential adverse impacts to the environment or a cultural site and proposed mitigation measures for such impacts;

(m) A summary of the proposed plan for the operation and maintenance of the project for a period of not less than 20 years, including, without limitation, the identity of the person or entity who will operate the project or provide continued maintenance on the project and any documentation or agreements made with the person or entity that will operate the project or provide continued maintenance;

(n) If applicable, proof that the applicant has:

(1) The necessary interests in land and water rights to complete the project;

(2) A letter of intent between the property owner and the applicant authorizing the applicant to implement the project on the land; or

(3) A letter of intent between the property owner and the applicant concerning obtaining the necessary interests in land and water rights to complete the project; and

(o) Any other information required by the Director.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.613 Requirement for matching contribution; eligibility. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. To receive a grant from the Nevada Conservation and Recreation Program, an applicant must provide an eligible matching contribution to the project of not less than 10 percent of the total cost of the project.

2. A matching contribution is eligible for purposes of this section if the matching contribution:

(a) Is for an expenditure for a project that was made not more than 2 years before receiving the grant from the Nevada Conservation and Recreation Program;

(b) Is directly related to the project; and

(1) Cash;

(2) In-kind contributions, including, without limitation, planning, labor, volunteer labor, appraisals, equipment rental and material costs;

(3) Federal or state contributions that are not part of the Program;

(4) Any costs associated with environmental information required for the project, documentation of which must be submitted with the application; or

(5) Any costs incurred in establishing a program to monitor the success of the project.

3. The following contributions do not qualify as eligible matching contributions:

(a) Any costs associated with the preparation of the application for a grant from the Program;

(b) In-kind services that do not relate to the project or the purposes of the Program;

(d) Money received from another grant from the Program; and

(e) Any other contribution the Director determines is an inappropriate matching contribution.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.615 Preapplication or letter of intent to apply for initial determination of eligibility; review by Department. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. An entity that is eligible to apply for a grant from the Program may submit to the Department a preapplication or letter of intent to apply for a grant for an initial determination of the eligibility of the project to receive a grant.

2. In reviewing the preapplication or letter of intent submitted pursuant to subsection 1, the Department will consider, without limitation, whether:

(a) The entity is eligible to apply for a grant from the Program;

(b) The proposed project is eligible for a grant from the Program; and

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.620 Advisory committee: Establishment; appointment of members. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. The Director will, if practicable, establish one or more advisory committees to:

(a) Review applications for grants from the Program;

(b) Make recommendations for grants from the Program. Such recommendations may be taken into account when ranking applications pursuant to NAC 232.625; and

2. In appointing members to an advisory committee, the Director may consider the diversity, expertise, geographic distribution, community representation and any other elements necessary for the review and ranking of applications.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.625 Ranking of applications; awarding of grants. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. The Program Manager:

(a) Shall rank applications received pursuant to NAC 232.610 in order of priority for awarding grants using a ranking system authorized by the Director. Grants must be awarded for projects that, based on the application, are most appropriate for the receipt of a grant within the overall purpose of the Program.

(b) May request that an advisory committee, if established pursuant to NAC 232.620, rank applications in accordance with this section.

2. The Program Manager or advisory committee, as applicable, shall consider the following factors, without limitation, when ranking applications:

(a) The environmental significance of the project and the degree of conservation and protection of natural resources, including, without limitation, the preservation of a natural, scientific, cultural, archeological, agricultural, paleontological or historical site or a wetland or riparian corridor resource;

(b) The extent of the public benefit, including, without limitation, an overall advancement in the conservation and protection of the natural resources of this State, the enhancement of recreational opportunities, increased public access to lands and waters of this State and the achievement of the goals identified in an adopted open space, recreation or resource plan;

(c) Whether the objectives of the project are clearly stated in the application and the applicant has the ability to carry out those objectives;

(d) Whether the detail and design of the project is adequate and includes a detailed plan for the management of the project that specifies the manner in which the project will be maintained and how the project will remain consistent with the purposes of the Program;

(e) Whether the projected budget and associated costs of the project are reasonable and detailed, whether the amount and sources of matching contributions are set forth in the application and whether the project will meet the objectives stated in the application in a cost-effective manner;

(f) The extent to which the project is a cooperative effort with other agencies, organizations or persons;

(g) The extent of support for the project from local governments and other public entities;

(h) The extent to which climate resiliency or sustainability practices are incorporated into the project; and

(i) Any other factor that the Director considers important in the ranking process, which may include, without limitation:

(1) The urgency of the need for the project;

(2) Whether the applicant has provided for matching contributions that exceed the requirements of NAC 232.613;

(3) Whether any land acquisition associated with the application includes the acquisition of water rights or other interest that will remain with the land in perpetuity;

(4) Whether the project includes the retiring of water rights in a hydrographic basin that is over-appropriated;

(5) If the project does not include the acquisition of water rights, whether the applicant has demonstrated the existence of an adequate water supply to fulfill the purposes of the project;

(6) The existence of a local need for the project that warrants special attention for the project due to a lack of similar opportunities in the local area of the project;

(7) The potential benefits of the project to the residents of this State;

(8) If the project is related to public use, the ability of the public to access the project; and

(9) The completion and performance by the applicant of previous and similar work.

3. In determining whether to award a grant, the Director may consider any recommendations of the Program Manager or advisory committee, if established pursuant to NAC 232.620, and the rankings of the grant applications. The decision of the Director is final.

4. If an applicant is not awarded a grant by the Director, the application may be resubmitted during a future application period.

5. As used in this section:

(a) “Climate resiliency” means the adaptive capacity and ability to anticipate, prepare for and respond to a changing climate.

(b) “Program Manager” means the staff member of the Department who is tasked with administering the daily operations of the Program.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.630 Agreement between grant recipient and Department: Authorized and prohibited uses of grant. (§§ 2 and 3 of ch. 480, Stats. 2019) For each grant awarded from the Program, an agreement must be executed between the grant recipient and the Department, which must, without limitation:

1. Authorize the grant recipient to use the grant to pay for:

(a) Except as otherwise provided in this section, all expenses directly related to the project, including, without limitation, any expenses related to the planning, design and construction of the project which must be calculated based on actual costs; and

(b) The administrative costs of the project, which may not exceed 3 percent of the total cost of the project;

2. Prohibit the grant recipient from using the grant to pay for:

(a) Any planning activity that is not directly related to the design and engineering of the project;

(b) The purchase of new equipment, unless the Director has determined that the new equipment is necessary as a one-time purchase specific to the project;

(d) Any component of the project that the Director determines does not provide a direct public benefit;

(e) Any project that has already been completed; and

(f) Any other expense that the Director determines is not necessary or in compliance with the purposes of the Program; and

3. Set forth the timeline for the use of the grant and the reversion of interest and money not used.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.635 Agreement between grant recipient and Department: Contents of agreement; requirements to provide grant money in advance. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. In addition to the requirements of NAC 232.630, the agreement between the Department and a grant recipient must:

(a) Require the grant recipient to provide a matching contribution of not less than 10 percent of the total cost of the project for which the grant is awarded.

(b) Provide a plan for the operation and maintenance of the project for a period of not less than 20 years after the date on which the project is completed.

(1) Provide the State with the necessary interest in any property not held by the State or a local government that is deemed by the Director to be necessary for the project;

(2) Include any nonrevocable deed restrictions and appropriate reversionary clauses as appropriate in the determination of the Director to:

(I) Ensure that the land, water or other property acquired to preserve or protect the natural, historic or cultural resources of this State is maintained in a manner that is consistent with the purposes of the Program; and

(II) If the grant recipient is a local government or nonprofit organization and the project involves the acquisition of an interest in land or water rights, secure the interests of the State in the land or water rights;

(3) Include a stewardship statement that addresses the maintenance, monitoring and enforcement of weed control, dust control and other related issues; and

(4) The requirements set forth in NAC 232.640.

(d) Require the grant recipient to obtain any easements for conservation or other interests in land or water rights in perpetuity as determined by the Director to be necessary to carry out the project.

(e) If the project includes the acquisition of an interest in land or water rights on behalf of the State, acknowledge that any interest in land or water rights acquired by the grant recipient must be acquired and held by the Division of State Lands of the Department pursuant to chapter 321 of NRS.

(f) Prohibit the acquisition of any interest in land or water rights for a project by the grant recipient by condemnation or the power of eminent domain.

(g) Require the grant recipient to maintain an accurate accounting of all expenditures of the grant and allow the Department to require an independent audit or review the accounting upon request.

(h) Provide the Department with:

(1) Expense reports with supporting materials on a quarterly basis, which must include, without limitation, receipts and invoices.

(2) Quarterly project reports and updates on or before each January 31, April 30, July 31 and October 31 during the duration of the project which provides updates on the project schedule and summarizes the actions taken since the previous report and details the expenditures of the project. The report must be in the form prescribed by the Department and include, without limitation, photographs, receipts, invoices and any other project documents agreed upon by the Department and grant recipient.

(i) Provide the Department with a schedule for the implementation of the grant in which, except as otherwise provided in subsection 2, 85 percent of the grant will be spent not later than 3 years after the date on which the general obligation bonds for the grant are issued.

(j) Set forth a date of completion for the project.

(k) Provide that the Director may revoke a grant if the grant has not been spent in accordance with the schedule for implementation.

(l) Except as otherwise provided in NAC 232.640, provide that any land or water or interest in land or water that is acquired for public access must remain open to the public in perpetuity.

(m) Authorize visits to the site of the project by the Department for the lifetime of the project.

(n) Provide that the grant recipient agrees to the implementation of the remedies set forth in NAC 232.645 and any other remedy set forth in the agreement in the case of a violation of the requirements of the Program or a provision of the agreement.

(o) Include any additional conditions the Director determines are necessary to carry out the purposes of the Program.

2. If the grant recipient requests that the entire amount of the grant or a portion thereof be provided in advance of an expenditure, the grant recipient must demonstrate an extraordinary need and the agreement must also require that any grant money provided in advance must be spent not later than 1 year after the date on which the money is received by the grant recipient, unless otherwise authorized by the Director. Any grant money provided in advance that is not spent within 1 year after receipt reverts to the Department.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.640 Requirement to maintain purpose of awarded project unchanged; requirement to maintain public access; acquisition and disposal of land or water rights or interest in land or water rights. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. Except as otherwise provided in subsections 2 and 3 or as otherwise authorized by the Director, a project that is awarded a grant from the Program may not be converted from the use or purpose of the project set forth on the application and approved through the grant award, work plan or agreement for a period of 20 years beginning on the date on which the grant is awarded.

2. Except as otherwise provided in subsection 3, a project that is awarded a grant from the Program for the development, acquisition, preservation or protection of land or water for recreational purposes or with the express purpose of providing public access must ensure that public access is maintained in perpetuity other than any restrictions to public access established for the stewardship and management of the property to maintain the recreational value of the property.

3. Any land or water rights or interest in land or water rights that is acquired by the State or a grant recipient pursuant to the Program to preserve, protect or obtain the benefit of the property and natural, historic or cultural resources of the State must be held by the State or the grant recipient in perpetuity unless:

(a) If the interest in land or water rights is held by the State, the State Land Registrar, in consultation with the Director, determines that the land or water rights or interest in land or water rights no longer meets such purposes; or

(b) If the interest in land or water rights is held by a local government or nonprofit organization, the Director determines in accordance with a deed restriction acknowledged in the agreement with the grant recipient, the land or water rights or interest in land or water rights no longer meets such purposes.

4. Upon a determination made pursuant to subsection 3, the interest in land or water rights may be disposed of in accordance with subsection 8 of section 3 of Assembly Bill No. 84, chapter 480, Statutes of Nevada 2019, at page 2864, and any applicable deed restrictions.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)

NAC 232.645 Department review of grant recipient and project for compliance with Program and agreement; determination of noncompliance; corrective action. (§§ 2 and 3 of ch. 480, Stats. 2019)

1. The Department may periodically review whether the grant recipient and project are in compliance with all requirements of the Program and the provisions of the agreement executed between the Department and the grant recipient.

2. If the Director determines that a grant recipient or project does not meet any requirement of the Program or is not in compliance with the provisions of the agreement, the Department will send a letter of violation to the grant recipient by certified mail. A letter of violation must, without limitation:

(a) Specify the requirement of the Program or the provision of the agreement that has been violated; and

(b) Explain how the violation may be corrected.

3. If a grant recipient receives a letter of violation pursuant to subsection 2 and fails to take action to correct the violation within 90 days after receiving the letter or a grant recipient requests the termination of a project, the Director may require the grant recipient to do one or more of the following:

(a) Repay to the Department the amount of the grant award received by the grant recipient plus interest thereon at the rate of 10 percent per annum, as calculated beginning from:

(1) If the project is completed, the date the project is completed until the date of repayment; or

(2) If the project is not completed, the date on which the grant was received by the grant recipient until the date of repayment.

(b) Convey for no consideration, any property or interest in property to be used for the intended purpose of the project to the State, a local government, a nonprofit organization or any other entity that the Director determines is authorized to receive the conveyance.

(c) Provide an equivalent property or project that meets the original purpose of the grant award as determined by the Director.

(d) Impose any other remedy set forth in the agreement entered into between the Department and the grant recipient pursuant to NAC 232.630 and 232.635.

(Added to NAC by Dep’t of Conserv. & Nat. Resources by R025-22, eff. 9-28-2022)