[Rev. 9/23/2024 10:26:22 AM]
[NAC-407A Revised Date: 8-24]
CHAPTER 407A - OUTDOOR RECREATION
GENERAL PROVISIONS
407A.100 Definitions.
407A.105 “Administrator” defined.
407A.110 “Division” defined.
407A.115 “Grant Program” defined.
407A.120 “Outdoor education and recreation” defined.
407A.125 “Technical Advisory Committee” defined.
OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS
407A.140 Administration; eligibility to apply; submission of application; authorized and prohibited uses of grant.
407A.145 Powers of Administrator.
407A.150 Technical Advisory Committee: Membership; Executive Secretary; terms; Chair and Vice Chair.
407A.155 Technical Advisory Committee: Evaluation and ranking of grant applications; recommendation of award of grant; provision of information to Administrator.
407A.160 Duties of Administrator.
407A.165 Agreement between grant recipient and Division; duties of grant recipient; powers of Division.
NEVADA STARRY SKY DESTINATION PROGRAM
407A.200 Definitions.
407A.210 “Nevada Starry Sky Destination” defined.
407A.220 “Program” defined.
407A.230 “Site” defined.
407A.240 Designation of sites: Eligibility.
407A.250 Designation of sites: Application.
407A.260 Designation of sites: Review of application; procedure for complete and incomplete applications; appeal.
407A.270 Change in designation of contact person.
407A.280 Compliance with standards: Effects of noncompliance; notification; appeal.
GENERAL PROVISIONS
NAC 407A.100 Definitions. (NRS 407A.605) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 407A.105 to 407A.125, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.105 “Administrator” defined. (NRS 407A.605) “Administrator” has the meaning ascribed to it in NRS 407A.510.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.110 “Division” defined. (NRS 407A.605) “Division” has the meaning ascribed to it in NRS 407A.525.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.115 “Grant Program” defined. (NRS 407A.605) “Grant Program” has the meaning ascribed to it in NRS 407A.600.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.120 “Outdoor education and recreation” defined. (NRS 407A.605) “Outdoor education and recreation” means an approach to education and recreation that uses connectivity and direct experiences in the outdoors to teach and inspire wonder and creativity while learning from natural resources and recreational experiences.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.125 “Technical Advisory Committee” defined. (NRS 407A.605) “Technical Advisory Committee” means the committee established pursuant to NRS 407A.610.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS
NAC 407A.140 Administration; eligibility to apply; submission of application; authorized and prohibited uses of grant. (NRS 407A.605)
1. The Administrator will administer the Grant Program to provide grants for outdoor environmental, ecological, agricultural or other natural resource-based education and recreation programs for pupils in this State.
2. The following are eligible to apply for a grant from the Grant Program:
(a) Any department, division or agency of the Federal Government, this State or a local government.
(b) A federally recognized Indian tribe.
(c) A private nonprofit organization.
(d) A school district, public school, private school or charter school.
(e) Any community-based program, entity or organization.
3. To apply for a grant, the agency, tribe, organization, program or entity must submit an application on a form provided by the Division.
4. A grant from the Grant Program:
(a) May be used for the following purposes:
(1) Outdoor education and recreation;
(2) Outdoor environmental education;
(3) Agricultural education;
(4) Natural resource-based education and recreation;
(5) Conservation education;
(6) Ecological education;
(7) Environmental stewardship education; or
(8) Environmental restoration education.
(b) May not be used for the following purposes:
(1) Activities that may reasonably be perceived to lobby or advocate for political purposes;
(2) Activities that would violate any local, state or federal law; or
(3) Organized youth sports, including, without limitation, community leagues and school teams.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.145 Powers of Administrator. (NRS 407A.605)
1. The Administrator may establish limitations on the availability and use of grant money. Any such limitations will be set forth in the applicable application instructions.
2. The Administrator may:
(a) Review and approve or disapprove an application for a grant that requests less than $5,000 instead of referring the application to the Technical Advisory Committee;
(b) Require that any applicant for a grant make a matching contribution to be eligible for the Grant Program; or
(c) Reduce the money provided from that which is requested in a grant application for any element of the grant proposal.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.150 Technical Advisory Committee: Membership; Executive Secretary; terms; Chair and Vice Chair. (NRS 407A.605, 407A.610)
1. The Technical Advisory Committee consists of:
(a) The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources; and
(b) The following members appointed by the Administrator of the Division of Outdoor Recreation of the State Department of Conservation and Natural Resources:
(1) One member who represents a state agency other than the Division of State Parks or the Division of Outdoor Recreation;
(2) One member who represents a local government;
(3) One member who represents a federal agency;
(4) One member who represents a school district or a public school other than a charter school;
(5) One member who represents a private school or charter school;
(6) One member who represents a private nonprofit organization or community-based program, entity or organization;
(7) One member who represents the outdoor business community; and
(8) One member who has participated in an outdoor recreation and education grant program funded by a grant awarded pursuant to NRS 407A.605 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.
2. The Administrator of the Division of Outdoor Recreation of the State Department of Conservation and Natural Resources or his or her designee shall serve as the Executive Secretary to the Technical Advisory Committee.
3. Each member of the Technical Advisory Committee appointed pursuant to paragraph (b) of subsection 1 serves a term of 2 years and may be reappointed. Such members serve at the pleasure of the Administrator.
4. The Chair and Vice Chair of the Technical Advisory Committee shall be elected by a majority vote of the members of the Technical Advisory Committee.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.155 Technical Advisory Committee: Evaluation and ranking of grant applications; recommendation of award of grant; provision of information to Administrator. (NRS 407A.605, 407A.610) When evaluating completed grant applications for each periodic solicitation of grant applications, the Technical Advisory Committee shall:
1. Consider, without limitation:
(a) The eligibility requirements for a grant;
(b) The requirements and priorities for program selection set forth in NRS 407A.605;
(c) Any limitations set forth by the Administrator pursuant to NAC 407A.145;
(d) The feasibility of the project; and
(e) The estimated costs of the program and benefits to the pupils in this State.
2. Rank each application received in order of priority for awarding grants. Unless otherwise required by the Administrator pursuant to NAC 407A.145, a matching contribution is not required to apply for a grant, but applications that include a matching contribution, including, without limitation, cash or in-kind matches, may receive a higher ranking.
3. Recommend the amount of a grant to be awarded, if any, for a project proposed in a grant application.
4. Provide the Administrator with a ranked list of applicants and the recommended amount of the grant for each applicant.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.160 Duties of Administrator. (NRS 407A.605) The Administrator will:
1. Except as otherwise provided in NAC 407A.145, consider the grant applications in the order the applications were ranked by the Technical Advisory Committee;
2. Determine whether to award a grant and, if applicable, in what amount the grant should be awarded; and
3. Post on the Internet website of the Division any grants awarded pursuant to this section not later than 5 business days after awarding the grant.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NAC 407A.165 Agreement between grant recipient and Division; duties of grant recipient; powers of Division. (NRS 407A.605)
1. For each grant awarded, an agreement must be executed between the grant recipient and the Division.
2. Any costs incurred before an agreement is executed pursuant to subsection 1 must not be paid by the grant award unless otherwise approved by the Administrator.
3. Each grant recipient must:
(a) Submit a report to the Division as directed in the agreement executed pursuant to subsection 1;
(b) Certify compliance with all applicable federal and state laws and regulations; and
(c) Maintain accurate accounting records on the expenditure of the grant money received pursuant to NAC 407A.140 to 407A.165, inclusive, and provide such records to the Division in accordance with any terms set forth in the agreement executed pursuant to subsection 1 or at the request of the Division.
4. The Division may:
(a) Audit the use of grant money in accordance with generally accepted audit practices and standards; and
(b) Terminate the participation of the Division in any project that fails to perform in accordance with the requirements of this section.
(Added to NAC by Div. of St. Parks by R123-20, eff. 12-29-2020)
NEVADA STARRY SKY DESTINATION PROGRAM
NAC 407A.200 Definitions. (NRS 407A.570) As used in NAC 407A.200 to 407A.280, inclusive, unless the context otherwise requires, the words and terms defined in NAC 407A.210, 407A.220 and 407A.230 have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.210 “Nevada Starry Sky Destination” defined. (NRS 407A.570) “Nevada Starry Sky Destination” means the designation awarded to a site pursuant to the Program.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.220 “Program” defined. (NRS 407A.570) “Program” means the program established by NAC 407A.200 to 407A.280, inclusive, for awarding the designation of Nevada Starry Sky Destination to eligible sites.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.230 “Site” defined. (NRS 407A.570) “Site” includes, without limitation, a community, park, reserve and byway.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.240 Designation of sites: Eligibility. (NRS 407A.570) To be awarded the designation of Nevada Starry Sky Destination, a site must:
1. Be located on public or private land within this State;
2. Have been certified under the International Dark Sky Places Program of the International Dark-Sky Association, or its successor, or have received similar recognition from a comparable entity, as determined by the Administrator; and
3. If located on public land, have received the consent to its designation as a Nevada Starry Sky Destination from each governmental entity with jurisdiction over the land.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.250 Designation of sites: Application. (NRS 407A.570)
1. A person or entity that wishes to have a site designated as a Nevada Starry Sky Destination must submit an application to the Administrator on a form prescribed by the Administrator.
2. The applicant must submit with the application:
(a) Proof of certification of the proposed site under the International Dark Sky Places Program of the International Dark-Sky Association, or its successor, or similar recognition from a comparable entity, as determined by the Administrator;
(b) If the proposed site is located on public land, proof of consent for the designation of the proposed site as a Nevada Starry Sky Destination by each governmental entity with jurisdiction over the land; and
(c) The name and contact information of the person designated by the applicant as the contact person for the proposed site.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.260 Designation of sites: Review of application; procedure for complete and incomplete applications; appeal. (NRS 407A.570)
1. The Administrator will review each application received pursuant to NAC 407A.250 and determine whether the proposed site meets the standards set forth in NAC 407A.240.
2. If an application is incomplete, the Administrator will return the application to the applicant with a written explanation of any deficiencies. The applicant may reapply to the Division after resolving such deficiencies.
3. Within 90 days after receipt of a complete application, the Administrator will notify the applicant in writing of the decision to approve or deny the application.
4. If the Administrator denies the application, the applicant may file a written appeal of the decision with the Director within 30 days after receipt of the notification of denial.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.270 Change in designation of contact person. (NRS 407A.570) Any change in the designation of the contact person for the site initially provided in the application pursuant to paragraph (c) of subsection 2 of NAC 407A.250 must be submitted to the Administrator by the successor contact person within 30 days after the change.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)
NAC 407A.280 Compliance with standards: Effects of noncompliance; notification; appeal. (NRS 407A.570)
1. At least once every 5 years, the Administrator will verify whether a site that has been designated as a Nevada Starry Sky Destination continues to meet the standards set forth in NAC 407A.240.
2. If the Administrator receives or becomes aware of information indicating that a site which has been designated as a Nevada Starry Sky Destination no longer meets the standards set forth in NAC 407A.240, the Administrator, in consultation with the contact person for the site, will develop a plan for the site to regain compliance with those standards within a specified period.
3. If the site does not regain compliance with the standards set forth in NAC 407A.240 within the period specified in the plan developed pursuant to subsection 2, the Administrator will provide written notification of the:
(a) Suspension of the designation of the site as a Nevada Starry Sky Destination if the Administrator determines that the site can regain compliance with the standards set forth in NAC 407A.240 after additional action specified by the Administrator in the notification is taken. The Administrator will reinstate a suspended designation upon submission of proof of the completion of the additional action.
(b) Revocation of the designation of the site as a Nevada Starry Sky Destination if the Administrator determines that the site cannot regain compliance with the standards set forth in NAC 407A.240 with any additional action.
4. The written notification required pursuant to subsection 3 will be:
(a) Provided to:
(1) The person who is designated as the contact person for the site; and
(2) Any person who submits a written request to the Administrator to receive such notification.
(b) Posted on the Internet website of the Division.
5. A person may file a written appeal of the suspension or revocation of the designation of a site with the Director within 30 days after receipt of the notification of suspension or revocation.
(Added to NAC by Div. of Outdoor Rec. by R088-22, eff. 12-29-2022)