Senate Bill No. 211

Senate Bill No. 211-Committee on Natural Resources

CHAPTER

537

AN ACT relating to the commission for the preservation of wild horses; placing the commission within the state department of conservation and natural resources; revising the duties of the commission; prohibiting the filing of certain documents on behalf of the commission unless approved by the director of the state department of conservation and natural resources; abolishing the fund for the commission for the preservation of wild horses; making an appropriation; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 501.020 is hereby amended to read as follows:
501.020[As] Except as otherwise provided in NRS 504.430 to 504.490, inclusive, as used in this Title, unless the context otherwise requires, "commission" means the board of wildlife commissioners.
Sec. 2. NRS 504.430 is hereby amended to read as follows:
504.430As used in NRS 504.430 to 504.490, inclusive:
1. "Administrator" means the administrator of the commission.
2. "Commission" means the commission for the preservation of wild horses.
[2. "Commission fund" means the fund for the commission for the preservation of wild horses.]
3. "Director" means the director of the state department of conservation and natural resources.
4. "Heil trust" means the money given to the state by the Estate of Leo Heil for the preservation of wild horses in Nevada.
[4.] 5. "Wild horse" means a horse, mare or colt which is unbranded and unclaimed and lives on public land.
Sec. 3. NRS 504.440 is hereby amended to read as follows:
504.4401. There is hereby created in the state department of conservation and natural resources the commission for the preservation of wild horses. The commission consists of five members appointed by the governor as follows:
(a) A representative of an organization whose purpose is to preserve wild horses and whose headquarters are in Nevada;
(b) An owner or manager of property used for ranching; and
(c) Three members of the general public who:
(1) Are not engaged in ranching or farming; and
(2) Have not been previously engaged in efforts to protect wild horses.
2. After the initial terms, the members shall serve terms of 3 years. Any vacancy in the membership must be filled for the unexpired term.
3. Each member of the commission [for the preservation of wild horses] is entitled to receive a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.
4. While engaged in the business of the commission, each member [and employee] of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. The commission [for the preservation of wild horses] shall meet at least quarterly each year and on the call of the [executive director] administrator or any two members.
Sec. 4. NRS 504.450 is hereby amended to read as follows:
504.4501. There is hereby created as a trust fund, the Heil trust fund for wild horses. The fund is a continuing fund without reversion. All money received from the Heil trust, and all money from any other source designated for deposit in the fund, must be deposited in that fund. The [commission for the preservation of wild horses] director shall administer the fund.
2. [The fund for the commission for the preservation of wild horses is hereby created as a trust fund. The fund is a continuing fund without reversion. Except as otherwise provided in subsection 1, all money received for the preservation of wild horses from any source other than the Heil trust must be deposited in the commission fund and used only for the specific purposes for which it was given, if those purposes are not inconsistent with the provisions of NRS 504.430 to 504.490, inclusive. Any such money that was not given for a specific purpose may be used for any lawful purpose consistent with those provisions. The commission for the preservation of wild horses shall administer the fund.
3.] The money in the [funds created by this section] fund must be invested as other money of the state is invested. All interest earned on the deposit or investment of the money in [each] the fund must be credited to that fund.
[4. The commission for the preservation of wild horses]
3. The director shall authorize the expenditure of the interest and principal of the [funds,] fund but the principal of the [Heil trust fund for wild horses] fund must not be reduced to less than $900,000, unless the money is needed for an emergency and the expenditure is approved by the legislature, if it is in session, or the interim finance committee. Claims against the [funds] fund must be paid as other claims against the state are paid.
[5.] 4. The expenses of the commission must be paid from the interest earned on the deposit or investment of the money in the [Heil trust fund for wild horses.] fund.
Sec. 5. NRS 504.460 is hereby amended to read as follows:
504.4601. [Upon the approval of all its members, the commission for the preservation of wild horses] The director shall appoint an [executive director] administrator who is in the unclassified service of the state [.] and serves at the pleasure of the director. The [executive director] administrator must have substantial knowledge of wild horses and their habitat and an interest in their protection. [He may, with the approval of the commission, contract for] The administrator shall appoint any clerical or technical employees necessary to carry out his duties.
2. The [executive director] administrator shall:
(a) Carry out the policies of the commission ; [for the preservation of wild horses;] and
(b) Act as the recording secretary for the commission.
3. No written protest, petition for judicial review or appeal of an administrative decision concerning the management of wild horses may be filed in any action or proceeding on behalf of the commission by the administrator or any other person unless the filing is approved by the director and a copy of the filing is provided to:
(a) Each person who is authorized to graze livestock on the public land which is the subject of the filing;
(b) The chairman of the board of county commissioners of each county where any part of the public land that is the subject of the filing is located; and
(c) Each member of the commission.
The commission shall review the matter concerning the filing at its next meeting.
Sec. 6. NRS 504.470 is hereby amended to read as follows:
504.4701. The primary duties of the commission are to preserve [the] viable herds of wild horses [and identify programs to maintain the herds in] on public lands designated by the Secretary of the Interior as sanctuaries for the protection of wild horses and burros pursuant to 16 U. S. C. § 1333 (a), at levels known to achieve a thriving natural ecological balance [.] , within the limitations of the natural resources of those lands and the use of those lands for multiple purposes, and to identify programs for the maintenance of those herds. To carry out these duties [it] the commission shall:
(a) Promote the management and protection of wild horses;
(b) Act as liaison between the state, the general public and interested organizations on the issue of the preservation of wild horses;
(c) Advise the governor on the status of wild horses in Nevada and the activities of the commission;
(d) Solicit and accept contributions for the [commission fund and the] Heil trust fund for wild horses;
(e) Recommend to the legislature legislation which is consistent with federal law;
(f) Develop, identify, initiate, manage and coordinate projects to study, preserve and manage wild horses and their habitat;
(g) Monitor the activities of state and federal agencies, including the military, which affect wild horses;
(h) Participate in programs designed to encourage the protection and management of wild horses;
(i) Develop and manage a plan to educate and inform the public of the activities of the commission for the preservation of wild horses;
(j) Report biennially to the legislature concerning its programs, objectives and achievements; and
(k) Take any action necessary to fulfill the intent of the Heil trust.
2. The commission may:
(a) Grant an award in an amount it considers appropriate for information leading to the conviction of a person who violates federal or state laws concerning wild horses; and
(b) Adopt regulations necessary to carry out the purposes of NRS 504.430 to 504.490, inclusive.
Sec. 7. NRS 232.070 is hereby amended to read as follows:
232.0701. As executive head of the department, the director is responsible for the administration, through the divisions and other units of the department, of all provisions of law relating to the functions of the department, except functions assigned by law to the state environmental commission , [or] the state conservation commission [.] or the commission for the preservation of wild horses.
2. Except as otherwise provided in subsection 4, the director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the department and coordinate departmental and divisional programs with other departments and with other levels of government.
(e) Appoint the executive head of each division within the department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as he deems necessary for the efficient conduct of the business of the department.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the department, and alter departmental organization and reassign responsibilities as he deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as he deems necessary for the administration of the department.
3. Except as otherwise provided in subsection 4, the director may enter into cooperative agreements with any federal or state agency or political subdivision of the state, [or] any public or private institution located in or outside the State of Nevada, or any other person, [corporation or association,] in connection with studies and investigations pertaining to any activities of the department.
4. This section does not confer upon the director any powers or duties which are delegated by law to the state environmental commission , [or] the state conservation commission [,] or the commission for the preservation of wild horses, but the director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the commissions.
5. All gifts of money and other property which the director is authorized to accept must be accounted for in the department of conservation and natural resources gift fund which is hereby created as a trust fund.
Sec. 8. NRS 232.090 is hereby amended to read as follows:
232.0901. The department consists of the director and the following divisions:
(a) The division of water resources.
(b) The division of state lands.
(c) The division of forestry.
(d) The division of state parks.
(e) The division of conservation districts.
(f) The division of environmental protection.
(g) The division of water planning.
(h) The division of wildlife.
(i) Such other divisions as the director may from time to time establish.
2. The state environmental commission, the state conservation commission, the commission for the preservation of wild horses, the Nevada natural heritage program and the board to review claims are within the department.
Sec. 9. 1. The commission for the preservation of wild horses shall prepare a statewide plan to carry out the provisions of NRS 504.430 to 504.490, inclusive. The plan must include an explanation of the manner in which the money in the Heil trust fund for wild horses will be expended to carry out those provisions.
2. The commission shall, in preparing the plan required pursuant to subsection 1, conduct public meetings to receive comments from members of the general public.
3. The commission shall submit a copy of the plan to the director of the legislative counsel bureau not later than March 1, 1999, for transmittal to the 70th session of the Nevada legislature.
Sec. 10. The state controller shall, as soon as practicable after July 1, 1997, transfer any money in the fund for the commission for the preservation of wild horses created pursuant to NRS 504.450 which has not been committed for expenditure, to the Heil trust fund for wild horses created pursuant to NRS 504.450.
Sec. 11. 1. Notwithstanding the provisions of subsection 4 of NRS 504.450, there is hereby appropriated from the state general fund to the director's office of the state department of conservation and natural resources the following sums for the purposes set forth in subsection 2:

For the fiscal year 1997-98 $75,000

For the fiscal year 1998-99 75,000

2. The sums appropriated by subsection 1 must be allocated as follows for each of the respective fiscal years:

For the salaries of the members of the commission for the preservation of wild horses and their expenses for travel in this state and the expenses relating to their participation in seminars, public hearings and field trips to gather information required for the preparation and adoption of the plan required by section 9 of this

act $13,500

For the salary, benefits and travel and operating expenses of a wildlife staff biologist in the director's office of the state department of conservation and natural resources to assist the commission for the preservation of wild horses in the preparation of the plan required by section 9 of this act 61,500

3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal year and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 12. This act becomes effective on July 1, 1997.
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