Senate Bill No. 404

Senate Bill No. 404-Committee on Government Affairs

CHAPTER

318

AN ACT relating to county government; expanding the purposes for which an area or zone for the preservation of a habitat may be created in larger counties; decreasing the amount of the fee per acre of affected land authorized for the support of such an area or zone; and providing other matters properly relating thereto.

[Approved July 5, 1997]

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

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Section 1. NRS 244.386 is hereby amended to read as follows:
244.386 1. In a county whose population is 400,000 or more and in which exists a species or subspecies [of wildlife] that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of [wildlife habitat.] species or subspecies. In addition, the board, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any [candidate species of wildlife] species or subspecies in the county [,] which have been determined by a committee, appointed by the board of county commissioners, to be likely to have a significant impact upon the economy and lifestyles of the residents of the county if listed as endangered or threatened, including the expenditure for this purpose of money collected pursuant to subsection 2 or the participation in an agreement made pursuant to NRS 503.589. The board may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose [.] , pursuant to such reasonable regulations as the board may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.
2. The board of county commissioners may, by ordinance, impose a reasonable fee of not more than [$750] $550 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 1. The fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.
3. If a fee is imposed pursuant to subsection 2, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 2. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 1 . [for providing for the preservation of an endangered or threatened species or subspecies of wildlife or a candidate species of wildlife.
4. As used in this section, "candidate species of wildlife" means a species of wildlife for which a petition is pending before the Secretary of the Interior or the Secretary of Commerce to add the species, pursuant to 16 U.S.C. § 1533, to the list of endangered species or list of threatened species, if the Secretary of the Interior or the Secretary of Commerce:
(a) Has published his finding that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted; and
(b) Has not published:
(1) His finding that the petitioned action is not warranted;
(2) A final regulation to carry out his finding that the petitioned action is warranted; or
(3) Notice of the withdrawal of a regulation to carry out his finding that the petitioned action is warranted.]
Sec. 2. This act becomes effective upon passage and approval.
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