EXEMPT
(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT A.B. 80
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ASSEMBLY BILL NO. 80–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON NATURAL RESOURCES)
PREFILED DECEMBER 2, 2024
____________
Referred to Committee on Natural Resources
SUMMARY—Establishes provisions relating to soil health.
(BDR 49-387)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Contains Appropriation not included
in Executive Budget.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to conservation; creating the Healthy Soils
Initiative; setting forth the powers and duties of the State
Conservation Commission in the State Department of
Conservation and Natural Resources relating to the
Healthy Soils Initiative; establishing the Fund for Soil
Health; declaring certain information obtained by the
Commission to be confidential; requiring the
Conservation Districts Program in the State Department
of Conservation and Natural Resources to provide staff
services relating to the Healthy Soils Initiative under
certain circumstances; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the State Conservation Commission in the State 1
Department of Conservation and Natural Resources and authorizes the 2
establishment of conservation districts to facilitate the conservation, protection and 3
controlled development of the renewable natural resources of this State, which 4
includes soil. (Chapter 548 of NRS) 5
Section 7 of this bill creates the Healthy Soils Initiative within the 6
Commission, which, to the extent money is available, must: (1) encourage 7
the adoption of soil health practices by producers; (2) promote and advance the 8
understanding of the environmental and economic benefits of soil health practices; 9
and (3) support and advance scientific research into soil health. 10
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Section 8 of this bill authorizes the Commission to establish, as part of the 11
Healthy Soils Initiative: (1) a grant program for soil health activities and projects; 12
(2) a soil health monitoring and inventory platform; and (3) any other program the 13
Commission determines is appropriate. Section 8 requires, with certain exceptions, 14
any program or platform established by the Commission to be voluntary and 15
incentive-based. Section 8 also provides that, if the Commission establishes a grant 16
program, the Commission must adopt certain regulations relating to the grant 17
program. 18
Section 9 of this bill establishes the Fund for Soil Health in the State Treasury 19
and requires the Commission to administer the Fund. 20
Sections 10 and 58 of this bill provide that, with certain exceptions, any 21
information in the records and files of the Commission regarding the identity of a 22
producer or program participant and the practices of a producer or program 23
participant is confidential. 24
Section 11 of this bill requires, to the extent money is available, the 25
Conservation Districts Program in the State Department of Conservation and 26
Natural Resources to provide staff services to the Commission to carry out the 27
provisions of sections 2-12 of this bill. 28
Section 12 authorizes the Commission to adopt regulations to carry out the 29
provisions of sections 2-12. 30
Sections 2-5.5 define certain terms relating to the provisions of sections 2-12. 31
Existing law provides that the provisions of chapter 548 of the Nevada Revised 32
Statutes may be known and cited as the Conservation Districts Law. (NRS 548.010) 33
Sections 13-57 and 59 of this bill revise existing references to these provisions to 34
reflect the addition of sections 2-12 to chapter 548 of the Nevada Revised Statutes. 35
Section 60.7 of this bill requires the Commission to, beginning on January 1, 36
2036, study the results of the Healthy Soils Initiative and submit to the Director of 37
the Legislative Counsel Bureau for transmittal to the next regular session of the 38
Legislature a written report detailing the progress made toward meeting certain 39
requirements relating to the Healthy Soils Initiative. 40
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 548 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 12, inclusive, of this 2
act. 3
Sec. 2. As used in sections 2 to 12, inclusive, of this act, 4
unless the context otherwise requires, the words and terms defined 5
in sections 4, 5 and 5.5 of this act have the meanings ascribed to 6
them in those sections. 7
Sec. 3. (Deleted by amendment.) 8
Sec. 4. “Commission” has the meaning ascribed to it in 9
NRS 548.030. 10
Sec. 5. “Government” has the meaning ascribed to it in 11
NRS 548.045. 12
Sec. 5.5. “Producer” has the meaning ascribed to it in 13
NRS 576.018. 14
Sec. 6. (Deleted by amendment.) 15
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Sec. 7. 1. The Healthy Soils Initiative is hereby created 1
within the Commission. To the extent that money is available, the 2
Healthy Soils Initiative must, without limitation: 3
(a) Encourage the widespread adoption in quantity and acres 4
of soil health practices by producers; 5
(b) Promote and advance the understanding of the 6
environmental and economic benefits of soil health practices by 7
producers, policymakers, consumers and the general public; and 8
(c) Support and advance scientific research into soil health, 9
including, without limitation: 10
(1) The existing conditions of agricultural soils in this State 11
and the current carbon storage and carbon storage potential of 12
such soils; 13
(2) The environmental benefits of soil health practices; and 14
(3) The economic benefits of soil health practices. 15
2. In carrying out the requirements of subsection 1, the 16
Commission may: 17
(a) Provide incentives to encourage the implementation of soil 18
health practices; 19
(b) Conduct educational and outreach programs on the 20
benefits of soil health; 21
(c) Evaluate and develop soil health sampling and testing 22
protocols that are appropriate for the agricultural systems in this 23
State; 24
(d) Facilitate stakeholder collaboration to advance the 25
understanding of the science of soil health and the 26
implementation of soil health practices, which may include, 27
without limitation, collaboration between the government, Indian 28
tribes, academic and research institutions, nonprofit organizations 29
and private entities; 30
(e) Collaborate with producers, groups of producers, producer 31
cooperatives, conservation districts, water conservancy districts, 32
academic and research institutions, the government, Indian tribes 33
and any other entity; and 34
(f) Enter into agreements or contracts. 35
Sec. 8. 1. In addition to the requirements of section 7 of 36
this act, as part of the Healthy Soils Initiative, the Commission 37
may establish: 38
(a) A program to distribute, within the limits of legislative 39
appropriations and other available money, grants of money to 40
eligible entities to engage in soil health activities or projects, 41
including, without limitation, research, education or 42
demonstration projects. In developing such a grant program, the 43
Commission: 44
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(1) Shall prioritize distributing such grants to conservation 1
districts that are working with producers, if appropriate, as 2
determined by the Commission; and 3
(2) May prioritize the needs of historically underserved 4
producers, emerging areas of scientific inquiry and research, 5
environmental benefits or any other consideration the 6
Commission determines is appropriate. 7
(b) A soil health monitoring and inventory platform. 8
(c) Any other program the Commission determines is 9
appropriate. 10
2. Except as otherwise provided in subsection 3, any program 11
or platform established by the Commission pursuant to subsection 12
1 must be voluntary and incentive-based. Such a program may 13
not: 14
(a) Require the participation of a producer or other entity; 15
(b) Mandate the implementation of soil health practices by 16
producers or other entities who do not participate; or 17
(c) Bind a participant to execute specific practice standards in 18
adverse climate conditions or circumstances with limited or no 19
chance of success or that would cause irreparable physical or 20
economic harm to the operations of the participant. 21
3. If a grant program is established pursuant to paragraph 22
(a) of subsection 1, the Commission shall adopt regulations to 23
carry out the grant program, which must, without limitation: 24
(a) Set forth the entities that are eligible to receive grants; 25
(b) Require any grant recipient who does not have sufficient 26
expertise in soil health practices or project management to work 27
with a technical assistance agency or organization; 28
(c) Require each grant recipient to: 29
(1) Conduct outreach and education activities regarding the 30
soil health activity or project; and 31
(2) Disclose information relating to the soil health activity 32
or project; 33
(d) Ensure that the most accurate and current scientific 34
evidence relating to soil health, soil health practices and the 35
economic and environmental benefits of soil health practices is 36
considered in awarding a grant by the program; 37
(e) Limit the grant money that may be used by a grant 38
recipient for costs not directly related to the purpose of the grant, 39
including, without limitation, administrative expenses and 40
overhead expenses; 41
(f) Establish monitoring requirements to ensure that any grant 42
money awarded is spent in accordance with state law; and 43
(g) Establish requirements to ensure the confidentiality of a 44
grant recipient, landowner and land information, as applicable. 45
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Sec. 9. 1. There is hereby created in the State Treasury the 1
Fund for Soil Health. The Commission is responsible for the 2
administration of the Fund. All money received and held by 3
the State Treasurer for that purpose must be deposited in the 4
Fund. 5
2. The Commission may: 6
(a) Apply for and accept gifts, grants, services and donations 7
from any source for the purposes of carrying out the provisions of 8
sections 2 to 12, inclusive, of this act; 9
(b) Administer and expend money for the purpose of planning, 10
developing or establishing the Healthy Soils Initiative pursuant to 11
sections 7 and 8 of this act; and 12
(c) Use money received or appropriated as matching funds to 13
obtain or make grants for soil health activities. 14
Sec. 10. Except as otherwise provided in this section or 15
pursuant to a grant agreement executed in relation to a program 16
established pursuant to section 8 of this act, all information in the 17
records and files of the Commission regarding the identity of a 18
producer or participant in a program established by the 19
Commission pursuant to sections 2 to 12, inclusive, of this act and 20
the practices of the producer or program participant are 21
confidential unless the producer or program participant provides 22
express permission in writing to the Commission to release such 23
information. 24
Sec. 11. To the extent that money is available, the 25
Conservation Districts Program in the State Department of 26
Conservation and Natural Resources shall provide staff services to 27
the Commission for carrying out the provisions of sections 2 to 12, 28
inclusive, of this act. 29
Sec. 12. The Commission may adopt regulations to carry out 30
the provisions of sections 2 to 12, inclusive, of this act. 31
Sec. 13. NRS 548.010 is hereby amended to read as follows: 32
548.010 [This chapter] NRS 548.010 to 548.550, inclusive, 33
may be known and cited as the Conservation Districts Law. 34
Sec. 14. NRS 548.015 is hereby amended to read as follows: 35
548.015 As used in [this chapter,] NRS 548.010 to 548.550, 36
inclusive, unless the context otherwise requires, the [following] 37
words and terms [have the meanings attributed to them] defined in 38
NRS 548.020 to 548.090, inclusive, [unless the context otherwise 39
requires.] have the meanings ascribed to them in those sections. 40
Sec. 15. NRS 548.032 is hereby amended to read as follows: 41
548.032 “Conservation district” or “district” means a 42
governmental subdivision of this State, and a public body corporate 43
and politic, organized in accordance with the provisions of [this 44
chapter] NRS 548.010 to 548.550, inclusive, for the purposes, with 45
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the powers, and subject to the restrictions set forth in [this chapter.] 1
NRS 548.010 to 548.550, inclusive. 2
Sec. 16. NRS 548.050 is hereby amended to read as follows: 3
548.050 “Land occupier” or “occupier of land” means any 4
person, firm or corporation which holds title to, or is in legal 5
possession of, any lands lying within a district organized under the 6
provisions of [this chapter,] NRS 548.010 to 548.550, inclusive, 7
whether as owner or as lessee or tenant under a lease or rental 8
agreement for a term of 1 year or longer, but does not include 9
transient users. 10
Sec. 17. NRS 548.085 is hereby amended to read as follows: 11
548.085 “Supervisor” means one of the members of the 12
governing body of a district, elected or appointed in accordance with 13
the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 14
Sec. 18. NRS 548.157 is hereby amended to read as follows: 15
548.157 The Program shall perform staff services for the 16
Commission in carrying out its responsibilities under [this chapter.] 17
the provisions of NRS 548.010 to 548.550, inclusive. 18
Sec. 19. NRS 548.160 is hereby amended to read as follows: 19
548.160 The Commission may adopt and promulgate such 20
rules and regulations as may be necessary for the execution of its 21
functions under [this chapter.] the provisions of NRS 548.010 to 22
548.550, inclusive. 23
Sec. 20. NRS 548.175 is hereby amended to read as follows: 24
548.175 The Commission has the following duties and powers: 25
1. To carry out the policies of this State in programs at the state 26
level for the conservation of the renewable natural resources of this 27
State and to represent the State in matters affecting such resources. 28
2. To offer such assistance as may be appropriate to the 29
supervisors of conservation districts in the carrying out of any of 30
their powers and programs, to propose programs and to assist and 31
guide districts in the preparation and carrying out of programs 32
authorized under [this chapter,] the provisions of NRS 548.010 to 33
548.550, inclusive, to review district programs, to coordinate the 34
programs of the districts and resolve any conflicts in such programs, 35
and to facilitate, promote, assist, harmonize, coordinate and guide 36
the programs and activities of districts as they relate to other special-37
purpose districts, counties and other public agencies. 38
3. To keep the supervisors of each of the districts informed of 39
the activities and experience of all other districts organized pursuant 40
to [this chapter,] NRS 548.010 to 548.550, inclusive, and to 41
facilitate an interchange of advice and experience among those 42
districts and promote cooperation among them. 43
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4. To secure the cooperation and assistance of the United 1
States, any of its agencies and of other agencies of this State in the 2
work of conservation districts. 3
5. To serve, along with conservation districts, as the official 4
state agency for cooperating with the Natural Resources 5
Conservation Service of the United States Department of 6
Agriculture in carrying on conservation operations within the 7
boundaries of conservation districts as created under [this chapter.] 8
the provisions of NRS 548.010 to 548.550, inclusive. 9
6. To enlist the cooperation and collaboration of state, federal, 10
interstate, local, public and private agencies with the conservation 11
districts and to facilitate arrangements under which the conservation 12
districts may serve county governing bodies and other agencies as 13
their local operating agencies in the administration of any activity 14
concerned with the conservation and use of renewable natural 15
resources. 16
7. To make available, with the assistance of the Program, 17
information concerning the needs and the work of the districts and 18
the Commission to the Director of the State Department of 19
Conservation and Natural Resources, the Legislature, executive 20
agencies and political subdivisions of this State, cooperating federal 21
agencies and the general public. 22
8. To cooperate with and give such assistance as may be 23
requested by cities, counties, irrigation districts, and other special-24
purpose districts in the State of Nevada for the purpose of 25
cooperating with the United States through the Secretary of 26
Agriculture in the furtherance of conservation, pursuant to the 27
provisions of the Watershed Protection and Flood Prevention Act, 28
16 U.S.C. §§ 1001 et seq., and the requirements of other special 29
programs of the United States Department of Agriculture. 30
9. Pursuant to procedures developed mutually by the 31
Commission and federal, state and local agencies that are authorized 32
to plan or administer activities significantly affecting the 33
conservation and use of renewable natural resources, to receive from 34
those agencies, for review and comment, suitable descriptions of 35
their plans, programs and activities for purposes of coordination 36
with the conservation districts’ programs and to arrange for and 37
participate in conferences necessary to avoid conflict among the 38
plans and programs, to call attention to omissions and to avoid 39
duplication of effort. 40
10. To submit, with the assistance of the Program, a report to 41
the Director of the State Department of Conservation and Natural 42
Resources whenever the Commission determines that there exists a 43
substantial conflict between the program of a district and the 44
proposed plans or activities directly affecting the conservation of 45
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natural resources prepared by any other local governmental unit or 1
agency of this State. 2
11. By administrative order of the Commission, upon the 3
written request of the board of supervisors of the conservation 4
district or districts involved, with a showing that the request has 5
been approved by a majority vote of the members of each of the 6
boards involved: 7
(a) To transfer lands from one district established under the 8
provisions of [this chapter] NRS 548.010 to 548.550, inclusive, to 9
another. 10
(b) To divide a single district into two or more districts, each of 11
which must, thereafter, operate as a separate district under the 12
provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 13
(c) To consolidate two or more districts established under the 14
provisions of [this chapter] NRS 548.010 to 548.550, inclusive, into 15
a single district under the provisions of [this chapter.] NRS 548.010 16
to 548.550, inclusive. 17
(d) To inform the Program of any action taken pursuant to this 18
subsection for its approval of any new name and the appropriate 19
entry in the Program’s records of the changes made. 20
12. To authorize the change of name of any district, upon 21
receipt by the Commission of a resolution by the board of 22
supervisors of the district for such a change and to present the 23
resolution to the Program for processing and recording in 24
accordance with the provisions of NRS 548.240. 25
13. To apply for any available grants and to accept and use any 26
grants, gifts or donations to make available grants of money to 27
qualified conservation districts to aid the districts in carrying out the 28
provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 29
Sec. 21. NRS 548.178 is hereby amended to read as follows: 30
548.178 1. The Commission may establish programs for 31
distributing, within the limits of legislative appropriations and other 32
available money, grants of money to conservation districts. 33
Distribution of such grants must be made in the following manner: 34
(a) Except as otherwise provided in subsection 4, the 35
Commission shall distribute grants of money provided by legislative 36
appropriation in equal amounts to each conservation district which 37
the Commission determines qualifies for a grant. 38
(b) The Commission may distribute grants of money provided 39
by sources other than legislative appropriation in such amounts and 40
subject to such conditions as the Commission determines 41
appropriate to any conservation district which the Commission 42
determines qualifies for a grant. 43
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2. The Commission may determine that a conservation district 1
qualifies for a grant of money pursuant to this section if the district 2
demonstrates to the satisfaction of the Commission that the district: 3
(a) Has been established in accordance with the provisions of 4
[this chapter;] NRS 548.010 to 548.550, inclusive; and 5
(b) Is in compliance with all of the requirements of [this chapter] 6
NRS 548.010 to 548.550, inclusive, and the regulations of the 7
Commission adopted pursuant thereto. 8
3. Except as may otherwise be provided as a condition of a 9
grant of money distributed by the Commission pursuant to 10
paragraph (b) of subsection 1, a conservation district that is awarded 11
a grant of money pursuant to this section may use the money for 12
reasonable and necessary expenses incurred by the district in 13
carrying out its duties and authorities in accordance with [this 14
chapter] the provisions of NRS 548.010 to 548.550, inclusive, and 15
the annual district budget approved by the Commission. 16
4. With regard to money provided by legislative appropriation, 17
the Commission may distribute grants of money to conservation 18
districts in unequal amounts if: 19
(a) The grants of money are for a specific competitive grant 20
program for which the Legislature expressly appropriated money; 21
and 22
(b) The competitive grant program described in paragraph (a) is 23
governed by regulations specifically adopted to govern that 24
competitive grant program and those regulations expressly state that 25
the grants of money may be distributed in unequal amounts. 26
5. The Commission may adopt such regulations as it considers 27
necessary to carry out the provisions of this section. 28
Sec. 22. NRS 548.190 is hereby amended to read as follows: 29
548.190 1. Within 30 days after such a petition has been filed 30
with the Commission, it shall cause due notice to be given of a 31
proposed hearing upon: 32
(a) The question of the desirability and necessity, in the interest 33
of the public health, safety and welfare, of the creation of such 34
district. 35
(b) The question of the appropriate boundaries to be assigned to 36
such district. 37
(c) The propriety of the petition and other proceedings taken 38
under [this chapter.] the provisions of NRS 548.010 to 548.550, 39
inclusive. 40
(d) All questions relevant to such inquiries. 41
2. All occupiers of land within the limits of the territory 42
described in the petition, and of lands within any territory 43
considered for addition to such described territory, and all other 44
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interested persons, shall have the right to attend such hearings and to 1
be heard. 2
3. If it shall appear upon the hearing that it may be desirable to 3
include, within the proposed district, territory outside of the area 4
within which due notice of the hearing has been given, the hearing 5
shall be adjourned and due notice of further hearing shall be given 6
throughout the entire area considered for inclusion in the district, 7
and such further hearing shall be held. 8
Sec. 23. NRS 548.195 is hereby amended to read as follows: 9
548.195 1. After such hearing, if the Commission 10
determines, upon the facts presented at such hearing and upon such 11
other relevant facts and information as may be available, that there 12
is need, in the interest of the public health, safety and welfare, for a 13
conservation district to function in the territory considered at the 14
hearing, the Commission shall make and record such determination, 15
and shall determine the township or townships to be included in the 16
district. 17
2. In making such determination, the Commission shall give 18
due weight and consideration to: 19
(a) The topography of the area considered and of the State. 20
(b) The composition of soils therein. 21
(c) The distribution of erosion. 22
(d) The prevailing land use practices. 23
(e) The desirability and necessity of including within the 24
boundaries the particular lands under consideration and the benefits 25
such lands may receive from being included within such boundaries. 26
(f) The relation of the proposed area to existing watersheds and 27
agricultural regions, and to other conservation districts already 28
organized or proposed for organization under the provisions of [this 29
chapter.] NRS 548.010 to 548.550, inclusive. 30
(g) Such other physical, geographical and economic factors as 31
are relevant, having due regard to the legislative determinations set 32
forth in NRS 548.095 to 548.113, inclusive. 33
3. After consideration of the petition and of any other evidence 34
of interest in the organization of a district, and of the relevant factors 35
regarding the need for a district to function in the territory being 36
considered, the Commission may make the determination of such 37
need without holding a hearing. 38
Sec. 24. NRS 548.205 is hereby amended to read as follows: 39
548.205 1. After the Commission has made and recorded a 40
determination that there is need, in the interest of the public health, 41
safety and welfare, for the organization of a district in a particular 42
territory and has determined the township or townships to be 43
included, the Commission shall consider the question whether the 44
operation of a district within such territory with the powers 45
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conferred upon conservation districts in [this chapter] NRS 548.010 1
to 548.550, inclusive, is administratively practicable and feasible. 2
2. To assist the Commission in the determination of such 3
administrative practicability and feasibility, the Commission shall, 4
within a reasonable time after entry of the finding that there is need 5
for the organization of the proposed district and the determination of 6
its territory, hold a referendum within the proposed district upon the 7
proposition of the creation of the district, and shall cause due notice 8
of such referendum to be given. 9
3. The question shall be submitted by ballots upon which the 10
words “For creation of a conservation district consisting of 11
the township (or townships) of ........................ in the county (or 12
counties) of ........................” and “Against creation of a 13
conservation district consisting of the township (or townships) 14
of ........................ in the county (or counties) of ........................” 15
shall be printed, with a square before each proposition and a 16
direction to insert an X mark in the square before one or the other of 17
the propositions, as the voter may favor or oppose creation of such 18
district. 19
4. All persons determined by the county clerk or clerks to be 20
registered voters residing within the boundaries of the proposed 21
conservation district shall be eligible to vote in such referendum. 22
Sec. 25. NRS 548.210 is hereby amended to read as follows: 23
548.210 1. The Commission shall: 24
(a) Pay all expenses for the issuance of such notices and the 25
conduct of such hearings and referendum. 26
(b) Supervise the conduct of such hearings and referendum. 27
(c) Issue appropriate regulations governing the conduct of such 28
hearings and referendum, and providing for the registration prior to 29
the date of the referendum of all eligible voters, or prescribing some 30
other appropriate procedure for the determination of those eligible 31
as voters in such referendum. 32
2. No informalities in the conduct of such referendum or in any 33
matters relating thereto shall invalidate the referendum or the result 34
thereof if notice thereof shall have been given substantially as 35
provided in [this chapter] NRS 548.010 to 548.550, inclusive, and 36
the referendum shall have been fairly conducted. 37
Sec. 26. NRS 548.215 is hereby amended to read as follows: 38
548.215 1. The Commission shall publish the result of the 39
referendum and shall thereafter consider and determine whether the 40
operation of the district is administratively practicable and feasible. 41
2. If the Commission determines that the operation of such 42
district is not administratively practicable and feasible, the 43
Commission shall record such determination and deny the petition. 44
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3. If the Commission determines that the operation of the 1
district is administratively practicable and feasible, the Commission 2
shall record such determination and shall proceed with the 3
organization of the district in the manner provided in [this chapter.] 4
the provisions of NRS 548.010 to 548.550, inclusive. The 5
Commission shall not determine that the operation of the proposed 6
district is administratively practicable and feasible unless at least a 7
majority of the votes cast in the referendum upon the creation of the 8
district are cast in favor of the creation of such district. 9
4. In making such determination, the Commission shall give 10
due regard and weight to: 11
(a) The attitudes of the occupiers of lands lying within the 12
defined boundaries. 13
(b) The number of eligible registered voters who voted in the 14
referendum. 15
(c) The proportion of the votes cast in such referendum in favor 16
of the creation of the district to the total number of votes cast. 17
(d) The approximate wealth and income of the land occupiers of 18
the proposed district. 19
(e) The probable expense of carrying on erosion-control 20
operations within such district. 21
(f) Such other economic and social factors as may be relevant to 22
such determination, having due regard to the legislative 23
determinations set forth in NRS 548.095 to 548.113, inclusive. 24
Sec. 27. NRS 548.220 is hereby amended to read as follows: 25
548.220 After 6 months shall have expired from the date of 26
entry of a determination by the Commission that operation of a 27
proposed district is not administratively practicable and feasible, and 28
denial of a petition pursuant to such determination, subsequent 29
petitions may be filed and action taken thereon in accordance with 30
the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 31
Sec. 28. NRS 548.235 is hereby amended to read as follows: 32
548.235 1. The five appointed supervisors shall present to the 33
Program an application signed by them, which states: 34
(a) That a petition for the creation of the district was filed with 35
the Commission pursuant to the provisions of [this chapter,] NRS 36
548.010 to 548.550, inclusive, and that the proceedings specified in 37
[this chapter] NRS 548.010 to 548.550, inclusive, were taken 38
pursuant to that petition. 39
(b) That the application is being filed in order to complete the 40
organization of the district as a governmental subdivision and a 41
public body, corporate and politic, under [this chapter.] the 42
provisions of NRS 548.010 to 548.550, inclusive. 43
(c) That the Commission has appointed them as supervisors. 44
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(d) The name and official residence of each of the supervisors, 1
together with a certified copy of the appointments evidencing their 2
right to office. 3
(e) The term of office of each of the supervisors. 4
(f) The name which is proposed for the district. 5
(g) The location of the principal office of the supervisors of the 6
district. 7
2. The application must be subscribed and sworn to by each of 8
the supervisors before a person authorized to take and certify oaths, 9
who shall certify upon the application that the person personally 10
knows the supervisors and knows them to be the officers as affirmed 11
in the application, and that each has subscribed thereto in the 12
officer’s presence. 13
3. The application must be accompanied by a statement by the 14
Commission: 15
(a) That a petition was filed, notice issued and hearing held as 16
required by [this chapter.] the provisions of NRS 548.010 to 17
548.550, inclusive. 18
(b) That the Commission did determine that there is need, in the 19
interest of the public health, safety and welfare, for a conservation 20
district to function in the proposed territory and did define the 21
township or townships to be included. 22
(c) That notice was given and a referendum held on the question 23
of the creation of such a district, and that a majority of the votes cast 24
in such referendum were in favor of the creation of the district. 25
(d) That thereafter the Commission did determine that the 26
operation of the proposed district is administratively practicable and 27
feasible. 28
4. The statement must set forth the township or townships to be 29
included. 30
Sec. 29. NRS 548.240 is hereby amended to read as follows: 31
548.240 1. The Program shall examine the application and 32
statement, and if the Program finds that the name proposed for the 33
district is not identical with that of any other conservation district of 34
this State or so nearly similar as to lead to confusion or uncertainty, 35
the Program shall record them in an appropriate book of record. 36
2. If the Program finds that the name proposed for the district 37
is identical with that of any other conservation district of this State, 38
or so nearly similar as to lead to confusion and uncertainty, the 39
Program shall notify the Commission. The Commission shall 40
thereupon submit a new name for the district. Upon receipt of a new 41
name, free of such defects, the Program shall record the application 42
and statement, with the name so modified, in an appropriate book of 43
record. 44
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3. When the application and statement have been recorded, the 1
district becomes a governmental subdivision of this State and a 2
public body corporate and politic. 3
4. The Program shall make and issue to the supervisors a 4
certificate, over the signature of a member of the staff of the 5
Program, of the organization of the district. 6
5. The boundaries of the district must include the territory 7
determined by the Commission, but must not include any area 8
included within the boundaries of another conservation district 9
organized under the provisions of [this chapter.] NRS 548.010 to 10
548.550, inclusive. 11
Sec. 30. NRS 548.245 is hereby amended to read as follows: 12
548.245 1. In any suit, action or proceeding involving the 13
validity or enforcement of, or relating to, any contract, proceeding 14
or action of the district, the district shall be deemed to have been 15
established in accordance with the provisions of [this chapter] NRS 16
548.010 to 548.550, inclusive, upon proof of the issuance of the 17
certificate by the Program. 18
2. A copy of such a certificate issued by the Program is 19
admissible in evidence in any such suit, action or proceeding and is 20
proof of the contents thereof. 21
Sec. 31. NRS 548.280 is hereby amended to read as follows: 22
548.280 Each district shall be governed by a board consisting 23
of five supervisors elected at large and one or more appointed 24
supervisors, as provided in [this chapter.] the provisions of NRS 25
548.010 to 548.550, inclusive. 26
Sec. 32. NRS 548.330 is hereby amended to read as follows: 27
548.330 The supervisors shall furnish to the Commission, upon 28
request: 29
1. Copies of such ordinances, rules, regulations, orders, 30
contracts, forms and other documents as they shall adopt or employ; 31
and 32
2. Such other information concerning their activities as the 33
Commission may require in the performance of its duties under [this 34
chapter.] the provisions of NRS 548.010 to 548.550, inclusive. 35
Sec. 33. NRS 548.340 is hereby amended to read as follows: 36
548.340 A conservation district organized under the provisions 37
of [this chapter] NRS 548.010 to 548.550, inclusive, shall constitute 38
a governmental subdivision of this State and a public body corporate 39
and politic, exercising public powers. 40
Sec. 34. NRS 548.345 is hereby amended to read as follows: 41
548.345 In addition to other powers granted in [this chapter,] 42
the provisions of NRS 548.010 to 548.550, inclusive, a district and 43
the supervisors thereof shall have the power to conduct surveys, 44
investigations and research relating to the conservation of renewable 45
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- *AB80_R1*
natural resources and the preventive and control measures needed, 1
to publish the results of such surveys, investigations or research, and 2
to disseminate information concerning such preventive and control 3
measures; but in order to avoid duplication of research activities, no 4
district shall initiate any research program except in cooperation 5
with the government of this State or any of its agencies, or with the 6
United States or any of its agencies. 7
Sec. 35. NRS 548.350 is hereby amended to read as follows: 8
548.350 In addition to other powers granted in [this chapter,] 9
the provisions of NRS 548.010 to 548.550, inclusive, a district and 10
the supervisors thereof shall have the power to conduct 11
demonstrational projects within the district on lands owned or 12
controlled by this State or any of its agencies, with the cooperation 13
of the agency administering and having jurisdiction thereof, and on 14
any other lands within the district, upon obtaining the consent of the 15
occupier of such lands or the necessary rights or interests in such 16
lands, in order to demonstrate by example the means, methods and 17
measures by which renewable natural resources may be conserved. 18
Sec. 36. NRS 548.355 is hereby amended to read as follows: 19
548.355 In addition to other powers granted in [this chapter,] 20
the provisions of NRS 548.010 to 548.550, inclusive, a district and 21
the supervisors thereof may: 22
1. Carry out preventive and control measures within the 23
district, including, but not limited to, engineering operations, 24
methods of cultivation, the growing of vegetation and changes in the 25
use of land; and 26
2. Repair and restore property within the district, including, but 27
not limited to, wetlands, stream corridors and other riparian 28
property, 29
on land owned or controlled by any government or municipal 30
corporation, with the cooperation of the agency administering and 31
having jurisdiction thereof, and on any other land within the district, 32
upon obtaining the consent of all persons holding any relevant rights 33
or interests in such land. 34
Sec. 37. NRS 548.360 is hereby amended to read as follows: 35
548.360 In addition to other powers granted in [this chapter,] 36
the provisions of NRS 548.010 to 548.550, inclusive, a district and 37
the supervisors thereof may cooperate or enter into agreements with 38
and, within the limits of appropriations made available to it by law 39
and any money it acquires from any other source, furnish financial 40
or other aid to any governmental or other agency, or any occupier of 41
land within the district, in conserving renewable natural resources 42
within the district, subject to such conditions as the supervisors may 43
deem necessary to advance the purposes of [this chapter.] NRS 44
548.010 to 548.550, inclusive. 45
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- *AB80_R1*
Sec. 38. NRS 548.365 is hereby amended to read as follows: 1
548.365 In addition to other powers granted in [this chapter,] 2
the provisions of NRS 548.010 to 548.550, inclusive, a district and 3
the supervisors thereof shall have the power to make available, on 4
such terms as it shall prescribe, to land occupiers within the district, 5
agricultural and engineering machinery and equipment, fertilizer, 6
seeds and seedlings, and such other material or equipment as will 7
assist such land occupiers in carrying on operations upon their lands 8
for the conservation of renewable natural resources. 9
Sec. 39. NRS 548.370 is hereby amended to read as follows: 10
548.370 In addition to other powers granted in [this chapter,] 11
the provisions of NRS 548.010 to 548.550, inclusive, a district and 12
the supervisors thereof shall have the power to construct, operate, 13
improve and maintain such facilities and structures as may be 14
necessary or convenient for the performance of any of the 15
operations authorized in [this chapter.] NRS 548.010 to 548.550, 16
inclusive. 17
Sec. 40. NRS 548.375 is hereby amended to read as follows: 18
548.375 In addition to other powers granted in [this chapter,] 19
the provisions of NRS 548.010 to 548.550, inclusive, a district and 20
the supervisors thereof shall have the power: 21
1. To develop comprehensive plans for the conservation of 22
renewable natural resources within the district, which plans shall 23
specify in such detail as may be possible the acts, procedures, 24
performances, and avoidances which are necessary or desirable for 25
the effectuation of such plans, including the specification of 26
engineering operations, methods of cultivation, the growing of 27
vegetation, cropping programs, tillage practices, and changes in the 28
use of land; and 29
2. To publish such plans and information and bring them to the 30
attention of occupiers of lands within the district. 31
Sec. 41. NRS 548.380 is hereby amended to read as follows: 32
548.380 In addition to other powers granted in [this chapter,] 33
the provisions of NRS 548.010 to 548.550, inclusive, a district and 34
the supervisors thereof may: 35
1. Manage or administer any project for the conservation of a 36
renewable natural resource located within its boundaries undertaken 37
by any person, municipal corporation or government. 38
2. Act as an agent of any person, municipal corporation or 39
government in connection with the acquisition, construction, 40
operation or administration of any project for the conservation of a 41
renewable natural resource within its boundaries. 42
3. Accept donations, gifts and contributions in money, services, 43
materials or any other form from any source, and use or expend such 44
– 17 –
- *AB80_R1*
money, services, materials or other contributions in carrying on its 1
operations. 2
4. Participate in cost-sharing on federally financed projects. 3
Sec. 42. NRS 548.385 is hereby amended to read as follows: 4
548.385 In addition to other powers granted in [this chapter,] 5
the provisions of NRS 548.010 to 548.550, inclusive, a district and 6
the supervisors thereof shall have the power: 7
1. To sue and be sued in the name of the district. 8
2. To have a seal, which seal shall be judicially noticed. 9
3. To have perpetual succession, unless terminated as provided 10
in [this chapter.] the provisions of NRS 548.010 to 548.550, 11
inclusive. 12
4. To make and execute contracts and other instruments 13
necessary or convenient to the exercise of its powers. 14
5. To make, and from time to time amend and repeal, rules and 15
regulations not inconsistent with [this chapter,] the provisions of 16
NRS 548.010 to 548.550, inclusive, to carry into effect its purposes 17
and powers. 18
Sec. 43. NRS 548.390 is hereby amended to read as follows: 19
548.390 As a condition to the extending of any benefits under 20
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 21
to, or the performance of work upon, any lands not owned or 22
controlled by this State or any of its agencies, the supervisors may 23
require contributions in money, services, materials or otherwise to 24
any operations conferring such benefits, and may require land 25
occupiers to enter into and perform such agreements or covenants as 26
to the permanent use of such lands as will tend to prevent or control 27
erosion thereon. 28
Sec. 44. NRS 548.393 is hereby amended to read as follows: 29
548.393 In addition to other powers granted in [this chapter,] 30
the provisions of NRS 548.010 to 548.550, inclusive, a district and 31
the supervisors thereof may, in furtherance of the purposes and 32
provisions of [this chapter:] NRS 548.010 to 548.550, inclusive: 33
1. Obtain options upon and acquire, by purchase, exchange, 34
lease, gift, grant, bequest, devise or otherwise, except by adverse 35
possession, any property, real or personal, or rights or interests 36
therein; 37
2. Maintain, administer and improve any properties acquired; 38
3. Receive income from such properties and expend that 39
income; and 40
4. Sell, lease or otherwise dispose of any of its property or 41
interests therein. 42
Sec. 45. NRS 548.395 is hereby amended to read as follows: 43
548.395 No provisions with respect to the acquisition, 44
operation or disposition of property by other public bodies shall be 45
– 18 –
- *AB80_R1*
applicable to a district organized under [this chapter] the provisions 1
of NRS 548.010 to 548.550, inclusive, unless the Legislature shall 2
specifically so state. 3
Sec. 46. NRS 548.400 is hereby amended to read as follows: 4
548.400 1. The supervisors of any two or more districts 5
organized under the provisions of [this chapter] NRS 548.010 to 6
548.550, inclusive, may cooperate with and enter into agreements 7
with one another in the exercise of any or all powers conferred in 8
[this chapter.] NRS 548.010 to 548.550, inclusive. 9
2. Any district may enter into such agreements with a district 10
or districts in adjoining states to carry out such purposes if the law 11
in the other states permits the districts in the states to enter into the 12
agreements. 13
Sec. 47. NRS 548.405 is hereby amended to read as follows: 14
548.405 1. Agencies of this State which shall have 15
jurisdiction over, or be charged with the administration of, any state-16
owned lands, and agencies of any county or other governmental 17
subdivision of the State which shall have jurisdiction over, or be 18
charged with the administration of, any county-owned or other 19
publicly owned lands, lying within the boundaries of any district 20
organized under [this chapter,] the provisions of NRS 548.010 to 21
548.550, inclusive, shall cooperate to the fullest extent with the 22
supervisors of such districts in the effectuation of programs and 23
operations undertaken by the supervisors under the provisions of 24
[this chapter.] NRS 548.010 to 548.550, inclusive. 25
2. The supervisors of such districts shall be given free access to 26
enter and perform work upon such publicly owned lands. 27
3. The provisions of land use regulations adopted pursuant to 28
NRS 548.410 to 548.435, inclusive, shall have the force and effect 29
of law over all such publicly owned lands, and shall be in all 30
respects observed by the agencies administering such lands. 31
Sec. 48. NRS 548.4052 is hereby amended to read as follows: 32
548.4052 1. Subject to the provisions of NRS 548.4053 and 33
548.4054, and only after receiving the approval of a majority of the 34
registered voters of the conservation district voting on the question 35
at a primary, general or special election held pursuant to NRS 36
548.4053 or at an election conducted by mail pursuant to 37
NRS 548.4054: 38
(a) If a conservation district includes land lying in only one 39
county, the board of county commissioners of the county shall 40
impose, on behalf of the conservation district, an annual fee of not 41
more than $25 on each parcel in the conservation district; and 42
(b) If a conservation district includes land lying in more than 43
one county, the boards of county commissioners of the respective 44
counties shall impose, on behalf of the conservation district, an 45
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- *AB80_R1*
annual fee of not more than $25 on each parcel in the conservation 1
district. 2
2. A fee imposed pursuant to subsection 1 must be collected as 3
are other fees and taxes imposed by the board of county 4
commissioners are collected. A board of county commissioners that 5
imposes the fee shall establish a separate fund in the county treasury 6
for the receipt and expenditure of and accounting for the proceeds of 7
the fee. 8
3. Money collected pursuant to this section may be used only 9
for the purposes of [this chapter.] NRS 548.010 to 548.550, 10
inclusive. 11
Sec. 49. NRS 548.410 is hereby amended to read as follows: 12
548.410 1. The supervisors of any district may file petitions 13
with the Commission at any time to request it to formulate land use 14
regulations applicable to the district. 15
2. The Commission shall prescribe the form of the petition, 16
which shall be, as nearly as practicable, in the form prescribed in 17
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 18
for petitions to organize a district. 19
3. The Commission shall have authority to formulate 20
regulations, based upon the petition, governing the use of lands 21
within a district in the interest of conserving renewable natural 22
resources and preventing and controlling soil erosion and 23
sedimentation. 24
4. The Commission shall conduct, after due notice, public 25
meetings and public hearings within the district or districts 26
concerned upon such regulations as it deems necessary to assist it in 27
consideration thereof. 28
5. The Commission shall determine, on the basis of 29
information presented in the petition or brought out in public 30
hearings, and on the basis of the number of petitioners in relation to 31
the total number of occupiers of land lying within the district, 32
whether it can render a reasonable determination of approval or 33
denial of the petition without holding a referendum, or whether a 34
referendum shall be held. 35
Sec. 50. NRS 548.415 is hereby amended to read as follows: 36
548.415 If a referendum is to be held: 37
1. The proposed regulations shall be embodied in a proposed 38
ordinance. 39
2. Copies of such proposed ordinance shall be available for the 40
inspection of all eligible voters during the period between 41
publication of such notice and the date of the referendum. 42
3. The notices of the referendum shall recite the contents of 43
such proposed ordinance, or shall state where copies of such 44
proposed ordinance can be examined. 45
– 20 –
- *AB80_R1*
4. The question shall be submitted by ballots, upon which the 1
words “For approval of proposed ordinance No. ........, prescribing 2
land use regulations for conservation of soil and prevention of 3
erosion” and “Against approval of proposed ordinance No. ........, 4
prescribing land use regulations for conservation of soil and 5
prevention of erosion” shall be printed, with a square before each 6
proposition and a direction to insert an X mark in the square before 7
one or the other of the propositions as the voter may favor or oppose 8
approval of such proposed ordinance. 9
5. The Commission shall supervise such referendum, shall 10
prescribe appropriate regulations governing the conduct thereof, and 11
shall publish the result thereof. 12
6. All persons determined by the county clerk or clerks to be 13
registered voters residing within the district are eligible to vote in 14
such referendum. 15
7. No informalities in the conduct of such referendum or in any 16
matters relating thereto invalidate the referendum or the result 17
thereof if notice thereof was given substantially as provided in [this 18
chapter] the provisions of NRS 548.010 to 548.550, inclusive, and 19
the referendum was fairly conducted. 20
Sec. 51. NRS 548.495 is hereby amended to read as follows: 21
548.495 1. The board of adjustment shall adopt rules to 22
govern its procedures, which rules shall be in accordance with the 23
provisions of [this chapter] NRS 548.010 to 548.550, inclusive, and 24
with the provisions of any ordinance adopted pursuant to 25
NRS 548.460. 26
2. The board shall keep a full and accurate record of all 27
proceedings, of all documents filed with it, and of all orders entered, 28
which shall be filed in the office of the board and shall be a public 29
record. 30
Sec. 52. NRS 548.515 is hereby amended to read as follows: 31
548.515 1. Petitions for including additional territory within 32
an existing district shall be filed with the Commission. 33
2. The proceedings provided for in [this chapter] the provisions 34
of NRS 548.010 to 548.550, inclusive, in the case of petitions to 35
organize a district shall be observed in the case of petitions for 36
inclusion, except that the application for a certificate of inclusion 37
shall be signed by the chair and the secretary of the governing body 38
of the district into which the additional territory is to be included. 39
3. The Commission shall prescribe the form for the petitions, 40
which shall be, as nearly as practicable, in the form prescribed in 41
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 42
for petitions to organize a district. 43
4. Where the total number of land occupiers in the area 44
proposed for inclusion shall be less than 25, the petition may be 45
– 21 –
- *AB80_R1*
filed when signed by a majority of the occupiers of such area, and in 1
such case no referendum need be held. 2
5. In referenda upon petitions for inclusion, all occupiers of 3
land lying within the proposed additional area shall be eligible to 4
vote. 5
6. The Commission shall determine whether or not such 6
inclusion shall be made. 7
Sec. 53. NRS 548.520 is hereby amended to read as follows: 8
548.520 1. Petitions to withdraw lands from a district may be 9
filed with the Commission at any time. 10
2. The Commission shall prescribe the form of the petition, 11
which shall be, as nearly as practicable, in the form prescribed in 12
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 13
for petitions to organize a district. 14
3. Where the total number of land occupiers in the area 15
affected by a proposed withdrawal will be less than 25, the petition 16
may be filed when signed by a majority of the occupiers of such 17
area, and in such case no referendum need be held. 18
4. In referenda upon petitions for withdrawal, all occupiers of 19
land lying within the area affected by the proposed change in 20
boundary shall be eligible to vote. 21
5. The Commission shall determine whether or not such 22
withdrawal shall be made. 23
Sec. 54. NRS 548.525 is hereby amended to read as follows: 24
548.525 1. At any time after 5 years after the organization of 25
a district under the provisions of [this chapter,] NRS 548.010 to 26
548.550, inclusive, any 10 occupiers of land lying within the 27
boundaries of such district may file a petition with the Commission 28
praying that the operations of the district be terminated and the 29
existence of the district be discontinued. 30
2. The Commission may conduct such public meetings and 31
public hearings upon such petition as may be necessary to assist it in 32
the consideration thereof. 33
3. The Commission shall determine, on the basis of 34
information presented in the petition or brought out in public 35
hearings and on the basis of the number of petitioners in relation to 36
the total number of occupiers of land lying within the district, 37
whether it can render a reasonable determination of approval or 38
denial of the petition without holding a referendum, or whether a 39
referendum shall be held. 40
Sec. 55. NRS 548.530 is hereby amended to read as follows: 41
548.530 1. Within 60 days after a petition for discontinuance 42
has been received by the Commission, it shall give due notice of the 43
holding of the referendum if one is to be held. 44
– 22 –
- *AB80_R1*
2. The Commission shall supervise the referendum and issue 1
appropriate regulations governing the conduct thereof. 2
3. The question shall be submitted by ballots upon which the 3
words “For terminating the existence of the ................ (name of the 4
conservation district to be here inserted)” and “Against terminating 5
the existence of the ............... (name of the conservation district to 6
be here inserted)” shall be printed, with a square before each 7
proposition and a direction to insert an X mark in the square before 8
one or the other of the propositions, as the voter may favor or 9
oppose discontinuance of such district. 10
4. All persons determined by the county clerk or clerks to be 11
registered voters residing within the district are eligible to vote in 12
such referendum. 13
5. No informalities in the conduct of such referendum or in any 14
matters relating thereto invalidate the referendum or the result 15
thereof if notice thereof was given substantially as provided in [this 16
chapter] the provisions of NRS 548.010 to 548.550, inclusive, and 17
the referendum was fairly conducted. 18
6. The Commission shall publish the result of the referendum. 19
Sec. 56. NRS 548.540 is hereby amended to read as follows: 20
548.540 The Commission shall not entertain petitions for the 21
discontinuance of any district, nor conduct referenda upon such 22
petitions, nor make any determination pursuant to such petitions in 23
accordance with the provisions of [this chapter,] NRS 548.010 to 24
548.550, inclusive, more often than once in 5 years. 25
Sec. 57. NRS 555.206 is hereby amended to read as follows: 26
555.206 1. If the area included in a weed control district is 27
entirely within the boundaries of one county and entirely within the 28
boundaries of one conservation district organized pursuant to 29
[chapter 548 of] NRS [,] 548.010 to 548.550, inclusive, the board of 30
county commissioners of the county and the supervisors of the 31
conservation district may enter into an agreement for the supervisors 32
of the conservation district to serve, ex officio, as the board of 33
directors of the weed control district. If, as a result of a change in 34
boundaries, the area included in a weed control district is no longer 35
entirely within the boundaries of one county and entirely within the 36
boundaries of one conservation district organized pursuant to 37
[chapter 548 of] NRS [,] 548.010 to 548.550, inclusive, the 38
supervisors of the conservation district may no longer serve, ex 39
officio, as the board of directors of the weed control district, and the 40
supervisors of the weed control district must be appointed pursuant 41
to NRS 555.205. 42
2. An agreement entered into pursuant to subsection 1 may be 43
terminated by mutual agreement of the board of county 44
commissioners and the supervisors of the conservation district. If an 45
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- *AB80_R1*
agreement is terminated pursuant to this section, the board of 1
directors of the weed control district must be appointed pursuant to 2
NRS 555.205. 3
3. The supervisors of a conservation district serving ex officio 4
as the board of directors of a weed control district pursuant to this 5
section shall ensure that any money collected by the weed control 6
district pursuant to an assessment levied pursuant to NRS 555.215, 7
and any other money appropriated or granted to the weed control 8
district from any source, is expended only for the purposes of NRS 9
555.202 to 555.220, inclusive. 10
Sec. 58. NRS 239.010 is hereby amended to read as follows: 11
239.010 1. Except as otherwise provided in this section and 12
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 13
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 14
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 15
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 16
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 17
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 18
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 19
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 20
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 21
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 22
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 23
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 24
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 25
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 26
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 27
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 28
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 29
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 30
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 31
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 32
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 33
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 34
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 35
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 36
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 37
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 38
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 39
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 40
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 41
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 42
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 43
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 44
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 45
– 24 –
- *AB80_R1*
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 1
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 2
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 3
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 4
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 5
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 6
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 7
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 8
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 9
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 10
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 11
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 12
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 13
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 14
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 15
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 16
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 17
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 18
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 19
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 20
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 21
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 22
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 23
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 24
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 25
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 26
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 27
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 28
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 29
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 30
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 31
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 32
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 33
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 34
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 35
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 36
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 37
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 38
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 39
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 40
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 41
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 42
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 43
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 44
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 45
– 25 –
- *AB80_R1*
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 1
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 2
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 3
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 4
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 5
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 6
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 7
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 8
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 9
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 10
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 11
711.600, section 10 of this act, sections 35, 38 and 41 of chapter 12
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 13
of Nevada 2013 and unless otherwise declared by law to be 14
confidential, all public books and public records of a governmental 15
entity must be open at all times during office hours to inspection by 16
any person, and may be fully copied or an abstract or memorandum 17
may be prepared from those public books and public records. Any 18
such copies, abstracts or memoranda may be used to supply the 19
general public with copies, abstracts or memoranda of the records or 20
may be used in any other way to the advantage of the governmental 21
entity or of the general public. This section does not supersede or in 22
any manner affect the federal laws governing copyrights or enlarge, 23
diminish or affect in any other manner the rights of a person in any 24
written book or record which is copyrighted pursuant to federal law. 25
2. A governmental entity may not reject a book or record 26
which is copyrighted solely because it is copyrighted. 27
3. A governmental entity that has legal custody or control of a 28
public book or record shall not deny a request made pursuant to 29
subsection 1 to inspect or copy or receive a copy of a public book or 30
record on the basis that the requested public book or record contains 31
information that is confidential if the governmental entity can 32
redact, delete, conceal or separate, including, without limitation, 33
electronically, the confidential information from the information 34
included in the public book or record that is not otherwise 35
confidential. 36
4. If requested, a governmental entity shall provide a copy of a 37
public record in an electronic format by means of an electronic 38
medium. Nothing in this subsection requires a governmental entity 39
to provide a copy of a public record in an electronic format or by 40
means of an electronic medium if: 41
(a) The public record: 42
(1) Was not created or prepared in an electronic format; and 43
(2) Is not available in an electronic format; or 44
– 26 –
- *AB80_R1*
(b) Providing the public record in an electronic format or by 1
means of an electronic medium would: 2
(1) Give access to proprietary software; or 3
(2) Require the production of information that is confidential 4
and that cannot be redacted, deleted, concealed or separated from 5
information that is not otherwise confidential. 6
5. An officer, employee or agent of a governmental entity who 7
has legal custody or control of a public record: 8
(a) Shall not refuse to provide a copy of that public record in the 9
medium that is requested because the officer, employee or agent has 10
already prepared or would prefer to provide the copy in a different 11
medium. 12
(b) Except as otherwise provided in NRS 239.030, shall, upon 13
request, prepare the copy of the public record and shall not require 14
the person who has requested the copy to prepare the copy himself 15
or herself. 16
Sec. 59. NRS 318A.280 is hereby amended to read as follows: 17
318A.280 1. In any region of this State for which there has 18
been established by interstate compact a regional planning agency, 19
the powers of any district created pursuant to this chapter with 20
respect to the location and construction of all facilities, 21
improvements or projects are subordinate to the powers of such 22
regional planning agency. 23
2. If the boundaries of a district overlap with the boundaries of 24
a conservation district formed pursuant to [chapter 548 of] NRS [,] 25
548.010 to 548.550, inclusive, the board of the district must 26
coordinate and consult with the board of supervisors of the 27
conservation district on matters that may impact the conservation 28
district. 29
Sec. 60. (Deleted by amendment.) 30
Sec. 60.3. Beginning on January 1, 2036, the State 31
Conservation Commission in the State Department of Conservation 32
and Natural Resources shall study the results of the Healthy Soils 33
Initiative created by section 7 of this act to determine whether the 34
Initiative has made significant progress toward achieving the 35
requirements of subsection 1 of section 7 of this act, as determined 36
by the State Conservation Commission, and submit to the Director 37
of the Legislative Counsel Bureau, for transmittal to the next regular 38
session of the Legislature, a written report which must detail the 39
progress made toward meeting the requirements of subsection 1 of 40
section 7 of this act. If the Commission determines that there has not 41
been significant progress, the Commission shall: 42
1. Establish additional measures set forth in subsection 2 of 43
section 7 of this act or section 8 of this act to meet the requirements 44
of subsection 1 of section 7 of this act; or 45
– 27 –
- *AB80_R1*
2. Recommend to the Legislature in the written report that the 1
Legislature repeal the provisions of sections 1 to 61, inclusive, of 2
this act relating to the Healthy Soils Initiative. 3
Sec. 60.7. The provisions of NRS 218D.380 do not apply to 4
any provision of this act which adds or revises a requirement to 5
submit a report to the Legislature. 6
Sec. 61. 1. This section and section 60 of this act become 7
effective upon passage and approval. 8
2. Sections 1 to 59, inclusive, and 60.3 and 60.7 of this act 9
become effective: 10
(a) Upon passage and approval for the purpose of adopting any 11
regulations and performing any other preparatory administrative 12
tasks that are necessary to carry out the provisions of this act; and 13
(b) On January 1, 2026, for all other purposes. 14
H