SB144_EN

Senate Bill No. 144–Committee on
Government Affairs

CHAPTER..........

AN ACT relating to the Division of State Parks of the State Department of Conservation and Natural Resources; authorizing, under certain circumstances, the Administrator of the Division to charge and collect a fee for administering certain federal grants for the planning, acquisition or development of outdoor recreational projects; requiring the Legislature to approve any change to the name of a state park, monument or recreational area; requiring the Administrator of the Division to provide an annual permit to enter all state parks and recreational areas; authorizing the Division to enter into cooperative agreements with certain political subdivisions of this state to establish and maintain certain parks; providing for the allocation of certain bonds proceeds for historic restoration projects in Virginia City and Lincoln County; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 407 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. The Administrator, subject to the approval of the

Director, may charge and collect from each grant recipient a fee

for administering the federal grants provided to the State of

Nevada and its political subdivisions for the planning, acquisition

or development of outdoor recreational projects pursuant to the

Land and Water Conservation Fund established by 16 U.S.C. §

460l-5 to the extent that such a fee does not violate the terms of

such a federal grant.

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

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

(b) The total of all fees collected annually pursuant to

subsection 1 must not exceed an amount equal to the annual

salary of a half-time position the duty of which is to administer the

federal grants.

3. Notwithstanding any other specific provision to the

contrary, if a fee is charged to the Division pursuant to subsection

1, the fee may be paid from money received by the Division for the

planning, acquisition or development of outdoor recreational

projects regardless of the source of the money to the extent that

such payment of the fee does not violate the terms of any federal

grant awarded to the State of Nevada.

Sec. 3. 1. Any money the Administrator receives pursuant

to section 2 of this act:

(a) Must be deposited in the State Treasury and accounted for

separately in the State General Fund;

(b) Does not revert to the State General Fund at the end of any

fiscal year; and

administering the federal grants provided for the planning,

acquisition or development of outdoor recreational projects

pursuant to the Land and Water Conservation Fund established

by 16 U.S.C. § 460l-5. The costs of administering those federal

grants include, without limitation, costs for the salary, travel

expenses and per diem allowances of the person whose duty is to

administer the federal grants.

2. Any interest or income earned on the money in the

account, after deducting applicable charges, must be credited to

the account. Any claims against the account must be paid in the

manner that other claims against the State are paid.

Sec. 4. NRS 407.065 is hereby amended to read as follows:

407.065 1. The Administrator, subject to the approval of the

Director:

(a) [May] Except as otherwise provided in this paragraph, may

establish, name, plan, operate, control, protect, develop and

maintain state parks, monuments and recreational areas for the use

of the general public. The name of an existing state park,

monument or recreational area may not be changed unless the

Legislature approves the change by statute.

(b) Shall protect state parks and property controlled or

administered by the Division from misuse or damage and preserve

the peace within those areas. The Administrator may appoint or

designate certain employees of the Division to have the general

authority of peace officers.

controlled or administered by the Division for any lawful purpose,

including, but not limited to, grazing, mining, development of

natural resources, hunting and fishing, in accordance with such

regulations as may be adopted in furtherance of the purposes of the

Division.

(d) Shall impose and collect reasonable fees for entering,

camping and boating in state parks and recreational areas. The

Division shall issue, upon application therefor and proof of

residency and age, an annual permit for entering, camping and

boating in all state parks and recreational areas in this state to any

person who is 65 years of age or older and has resided in this state

for at least 5 years immediately preceding the date on which the

application is submitted. The permit must be issued without charge,

except that the Division shall charge and collect an administrative

fee for the issuance of the permit in an amount sufficient to cover

the costs of issuing the permit.

(e) May conduct and operate such special services as may be

necessary for the comfort and convenience of the general public,

and impose and collect reasonable fees for such special services.

(f) May rent or lease concessions located within the boundaries

of state parks or of real property controlled or administered by the

Division to public or private corporations, to groups of natural

persons, or to natural persons for a valuable consideration upon such

terms and conditions as the Division deems fit and proper, but no

concessionaire may dominate any state park operation. Rental and

lease payments must be deposited in the State General Fund.

(g) May establish such capital projects construction funds as are

necessary to account for the parks improvements program approved

by the Legislature. The money in these funds must be used for the

construction and improvement of those parks which are under the

supervision of the Administrator.

2. The Administrator:

(a) Shall issue an annual permit to a person who pays a

reasonable fee as prescribed by regulation which authorizes the

holder of the permit to enter each state park and each recreational

area in this state and, except as otherwise provided in subsection

3, use the facilities of the state park or recreational area without

paying the entrance fee; and

(b) May issue an annual permit to a person who pays a

reasonable fee as prescribed by regulation which authorizes the

holder of the permit to enter a specific state park or specific

recreational area in this state and, except as otherwise provided in

subsection 3, use the facilities of the state park or recreational

area without paying the entrance fee.

3. An annual permit issued pursuant to subsection 2 does not

authorize the holder of the permit to engage in camping or

boating, or to attend special events. The holder of such a permit

who wishes to engage in camping or boating, or to attend special

events, must pay any fee established for the respective activity.

4. Except as otherwise provided in subsection 1 of NRS

407.0762 and subsection 1 of NRS 407.0765, the fees collected

pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2

must be deposited in the State General Fund.

Sec. 5. NRS 407.068 is hereby amended to read as follows:

407.068 1. As used in this section:

(a) “Controlling subdivision” means any political subdivision of

this state, including irrigation, water conservancy and other districts,

which owns or controls a site suited to a public park.

(b) “Other state agency” means any other agency of this state

which owns or controls a site suited to a public park or is engaged in

park and recreation development.

(d) “Using subdivision” means any political subdivision of this

state which is authorized to establish and maintain public parks.

2. The Administrator, subject to the approval of the Director,

may enter into cooperative agreements for the operation of parks,

not a part of the Division but which are of state park caliber, with

any other state agency, controlling subdivision or using subdivision,

for the primary purpose of establishing or maintaining a park where:

(a) A controlling subdivision is not authorized to establish or

maintain parks; or

(b) A using subdivision would be subjected to an unfair

financial burden through extensive use of the park by nonresidents

of the using subdivision.

3. Such an agreement [shall] must include:

(a) The Division;

(b) The using subdivision in which the site is located; and

The agreement may include any other using subdivision whose

residents may be expected to make substantial use of the park.

4. The Division shall apportion the cost of operation, or the

combined state and local shares of the cost if federal funds are also

received, as follows:

(a) As between the State and the using subdivision or

subdivisions, on the basis of the number of persons residing outside

the using subdivisions, as against the number of residents of such

subdivisions, who are estimated or anticipated by the Division to

use the park.

(b) As between two or more using subdivisions, on the basis of

the number of residents of each so estimated or anticipated to use

the park.

5. In addition to the cooperative agreements authorized

pursuant to subsection 2, the Administrator, subject to the

approval of the Director, may enter into a cooperative agreement

with a using subdivision for the purpose of establishing and

maintaining a park that:

(a) Is under the jurisdiction of the Division; and

(b) Will be used primarily by residents of the using

subdivision.

Sec. 6. NRS 407.0762 is hereby amended to read as follows:

407.0762 1. The Account for Maintenance of State Parks

within the Division of State Parks is hereby created in the State

General Fund. Except as otherwise provided in NRS 407.0765, any

amount of fees collected pursuant to paragraphs (d) and (e) of

subsection 1 or subsection 2 of NRS 407.065 in a calendar year,

which is in excess of the amounts authorized for expenditure from

that revenue source in the Division’s budget for the fiscal year

beginning in that calendar year, must be deposited in the Account.

The interest and income earned on the money in the Account, after

deducting any applicable charges, must be credited to the Account.

2. The money in the Account does not lapse to the State

General Fund at the end of any fiscal year.

3. The money deposited in the Account pursuant to subsection

1 must only be used to repair and maintain state parks, monuments

and recreational areas.

4. Before the Administrator may expend money pursuant to

subsection 3:

(a) For emergency repairs and projects with a cost of less than

$25,000, he must first receive the approval of the Director.

(b) For projects with a cost of $25,000 or more, other than

emergency repairs, he must first receive the approval of the Director

and of the Interim Finance Committee.

Sec. 7. NRS 407.209 is hereby amended to read as follows:

407.209 The Administrator, subject to the approval of the

director, shall make no commitment, nor shall he enter into any

agreement pursuant to NRS 407.205 [to 407.209, inclusive,] ,

407.207 and 407.209 and sections 2 and 3 of this act until he has

determined that sufficient funds are available to the Division for

meeting the State’s share, if any, of project costs. It is the legislative

intent that, to such extent as may be necessary to assure the proper

operation and maintenance of areas and facilities acquired or

developed pursuant to any program participated in by this state

under NRS 407.205 [to 407.209, inclusive,] , 407.207 and 407.209

and sections 2 and 3 of this act such areas and facilities [shall]

must be publicly maintained for outdoor recreation purposes. The

Administrator, subject to the approval of the Director, may enter

into and administer agreements with the United States or any

appropriate agency thereof for planning, acquisition and

development projects involving participating federal aid funds on

behalf of any political subdivision or subdivisions of this state if

such subdivision or subdivisions give necessary assurances to the

Division that they have available sufficient funds to meet their

shares, if any, of the cost of the project and that the acquired or

developed areas will be operated and maintained at the expense of

such subdivision or subdivisions for public outdoor recreation use.

Sec. 8. Notwithstanding the provisions of chapter 6, Statutes

of Nevada 2001, Special Session, from the $20,000,000 in general

obligation bonds allocated to the State Department of Conservation

and Natural Resources to be administered by the Division of State

Lands pursuant to subparagraph (5) of paragraph (a) of subsection 7

of section 2 of that act:

1. The sum of $150,000 must be allocated to Virginia City for

distribution to the Comstock Cemetery Foundation for restoration of

historic Virginia City cemetery if a commitment for at least a 100

percent matching amount of money from one or more federal grants

is obtained for the cost of the restoration project. This allocation

must be made from the first bonds sold pursuant to chapter 6 of

Statutes of Nevada 2001, Special Session.

2. The sum of $136,000 must be allocated to Lincoln County

for the restoration of the historic fairgrounds in Panaca, Nevada, if a

commitment is received from Lincoln County to match the allocated

money through the provision of all labor for the restoration project.

This allocation must be made from the second group of bonds sold

pursuant to chapter 6 of Statutes of Nevada 2001, Special Session.

Sec. 9. This act becomes effective upon passage and approval.

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