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; establishing the Soil Health
Advisory Board within the State Conservation
Commission in the State Department of Conservation and
Natural Resources; creating the Healthy Soils Initiative;
setting forth the powers and duties of the State
Conservation Commission 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; making an appropriation to the
Conservation Districts Program to provide staff services
to the State Conservation Commission for administering
the Healthy Soils Initiative; 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) Section 6 of this bill establishes the Soil 5
Health Advisory Board within the Commission to advise the Commission on the 6
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Healthy Soils Initiative. The Advisory Board consists of: (1) nine voting members, 7
including six members who represent certain agricultural interests in this State; and 8
(2) any other nonvoting member appointed by the Commission to provide any 9
necessary assistance or technical or scientific expertise. 10
Section 7 of this bill creates the Healthy Soils Initiative within the 11
Commission, which must: (1) encourage the adoption of soil health practices by 12
agricultural producers; (2) promote and advance the understanding of the 13
environmental and economic benefits of soil health practices; and (3) support and 14
advance scientific research into soil health. 15
Section 8 of this bill authorizes the Commission to establish, as part of the 16
Healthy Soils Initiative: (1) a grant program for soil health activities and projects; 17
(2) a soil health monitoring and inventory platform; and (3) any other program the 18
Commission determines is appropriate. Section 8 requires, with certain exceptions, 19
any program or platform established by the Commission to be voluntary and 20
incentive-based. Section 8 also provides that, if the Commission establishes a grant 21
program, the Commission must adopt certain regulations relating to the grant 22
program. 23
Section 9 of this bill establishes the Fund for Soil Health in the State Treasury 24
and requires the Commission to administer the Fund. 25
Sections 10 and 58 of this bill provide that, with certain exceptions, any 26
information in the records and files of the Commission regarding the identity of an 27
agricultural producer or program participant and the practices of an agricultural 28
producer or program participant is confidential. 29
Section 11 of this bill requires the Conservation Districts Program in the State 30
Department of Conservation and Natural Resources to provide staff services to the 31
Commission to carry out the provisions of sections 2-12 of this bill. 32
Section 12 authorizes the Commission to adopt regulations to carry out the 33
provisions of sections 2-12. 34
Sections 2-5 define certain terms relating to the provisions of sections 2-12. 35
Existing law provides that the provisions of chapter 548 of the Nevada Revised 36
Statutes may be known and cited as the Conservation Districts Law. (NRS 548.010) 37
Sections 13-57 and 59 of this bill revise existing references to these provisions to 38
reflect the addition of sections 2-12 to chapter 548 of the Nevada Revised Statutes. 39
Section 60 of this bill makes an appropriation to the Conservation Districts 40
Program to provide staff services to the Commission for administering the Healthy 41
Soils Initiative and for the salary of an employee to assist the Commission in 42
administering the Healthy Soils Initiative. 43
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 3, 4 and 5 of this act have the meanings ascribed to 6
them in those sections. 7
Sec. 3. “Agricultural producer” means a person engaged in 8
the production of a product of agriculture. 9
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Sec. 4. “Commission” has the meaning ascribed to it in 1
NRS 548.030. 2
Sec. 5. “Government” has the meaning ascribed to it in 3
NRS 548.045. 4
Sec. 6. 1. The Soil Health Advisory Board is hereby created 5
within the Commission. The Soil Health Advisory Board consists 6
of: 7
(a) Nine voting members as follows: 8
(1) One representative from the State Department of 9
Agriculture appointed by the Director of the State Department of 10
Agriculture; 11
(2) One representative from the Division of Environmental 12
Protection of the State Department of Conservation and Natural 13
Resources appointed by the Administrator of the Division of 14
Environmental Protection; 15
(3) One representative from the Division of Public and 16
Behavioral Health of the Department of Health and Human 17
Services appointed by the Administrator of the Division of Public 18
and Behavioral Health; and 19
(4) Six members appointed by the Commission who 20
represent the diverse agricultural interests of this State as follows: 21
(I) A dairy farmer; 22
(II) A rancher; 23
(III) A specialty crop or small farmer; 24
(IV) An irrigated crop producer; 25
(V) A tribal representative; and 26
(VI) A person engaged in research relating to 27
agricultural soil health; and 28
(b) Any other nonvoting member appointed by the Commission 29
to provide any necessary assistance or technical or scientific 30
expertise. 31
2. In appointing the members of the Soil Health Advisory 32
Board pursuant to subparagraph (4) of paragraph (a) of 33
subsection 1, the Commission shall ensure that: 34
(a) When practicable, the members of the Soil Health Advisory 35
Board represent the different geographic regions and 36
demographics of this State; and 37
(b) The terms of office are staggered as required pursuant to 38
subsection 3. 39
3. Except as otherwise provided in this subsection, each 40
member of the Soil Health Advisory Board serves a term of 2 41
years. The terms of office of the voting members must be staggered 42
to result in the appointment of four or five of the members 43
described in paragraph (a) of subsection 1 every year. In making 44
the initial appointments of the voting members, the appointing 45
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authorities shall appoint the members to staggered terms of 1 or 2 1
years. A member may be reappointed. 2
4. A vacancy on the Soil Health Advisory Board must be 3
filled in the same manner as the original appointment. 4
5. Each member of the Soil Health Advisory Board who is not 5
serving on the Soil Health Advisory Board in the capacity of an 6
officer or employee of this State or a political subdivision of this 7
State is entitled to receive: 8
(a) A salary of not more than $80, as fixed by the Commission, 9
for each day or portion thereof during which the member is in 10
attendance at a regularly called meeting of the Soil Health 11
Advisory Board; and 12
(b) The per diem allowance and travel expenses provided for 13
state officers and employees generally. 14
6. A majority of the voting members of the Soil Health 15
Advisory Board constitutes a quorum for the transaction of 16
business, and a majority of those members present at any meeting 17
is required for any official action taken by the Soil Health 18
Advisory Board. 19
7. The Soil Health Advisory Board shall advise the 20
Commission on the Healthy Soils Initiative created by section 7 of 21
this act. 22
Sec. 7. 1. The Healthy Soils Initiative is hereby created 23
within the Commission. The Healthy Soils Initiative must, without 24
limitation: 25
(a) Encourage the widespread adoption of soil health practices 26
by agricultural producers; 27
(b) Promote and advance the understanding of the 28
environmental and economic benefits of soil health practices by 29
agricultural producers, policymakers, consumers and the general 30
public; and 31
(c) Support and advance scientific research into soil health, 32
including, without limitation: 33
(1) The existing conditions of agricultural soils in this State 34
and the current carbon storage and carbon storage potential of 35
such soils; 36
(2) The environmental benefits of soil health practices; and 37
(3) The economic benefits of soil health practices. 38
2. In carrying out the requirements of subsection 1, the 39
Commission may: 40
(a) Provide incentives to encourage the implementation of soil 41
health practices; 42
(b) Conduct educational and outreach programs on the 43
benefits of soil health; 44
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(c) Evaluate and develop soil health sampling and testing 1
protocols that are appropriate for the agricultural systems in this 2
State; 3
(d) Facilitate stakeholder collaboration to advance the 4
understanding of the science of soil health and the 5
implementation of soil health practices, which may include, 6
without limitation, collaboration between the government, Indian 7
tribes, academic and research institutions, nonprofit organizations 8
and private entities; 9
(e) Collaborate with agricultural producers, groups of 10
agricultural producers, agricultural producer cooperatives, 11
conservation districts, water conservancy districts, academic and 12
research institutions, the government, Indian tribes and any other 13
entity; and 14
(f) Enter into agreements or contracts. 15
Sec. 8. 1. In addition to the requirements of section 7 of 16
this act, as part of the Healthy Soils Initiative, the Commission 17
may establish: 18
(a) A program to distribute, within the limits of legislative 19
appropriations and other available money, grants of money to 20
eligible entities to engage in soil health activities or projects, 21
including, without limitation, research, education or 22
demonstration projects. In developing such a grant program, the 23
Commission: 24
(1) Shall prioritize distributing such grants to conservation 25
districts that are working with agricultural producers, if 26
appropriate, as determined by the Commission; and 27
(2) May prioritize the needs of historically underserved 28
agricultural producers, emerging areas of scientific inquiry and 29
research, environmental benefits or any other consideration the 30
Commission determines is appropriate. 31
(b) A soil health monitoring and inventory platform. 32
(c) Any other program the Commission determines is 33
appropriate. 34
2. Except as otherwise provided in subsection 3, any program 35
or platform established by the Commission pursuant to subsection 36
1 must be voluntary and incentive-based. Such a program may 37
not: 38
(a) Require the participation of an agricultural producer or 39
other entity; 40
(b) Mandate the implementation of soil health practices by 41
agricultural producers or other entities who do not participate; or 42
(c) Bind a participant to execute specific practice standards in 43
adverse climate conditions or circumstances with limited or no 44
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chance of success or that would cause irreparable physical or 1
economic harm to the operations of the participant. 2
3. If a grant program is established pursuant to paragraph 3
(a) of subsection 1, the Commission shall adopt regulations to 4
carry out the grant program, which must, without limitation: 5
(a) Set forth the entities that are eligible to receive grants; 6
(b) Require any grant recipient who does not have sufficient 7
expertise in soil health practices or project management to work 8
with a technical assistance agency or organization; 9
(c) Require each grant recipient to: 10
(1) Conduct outreach and education activities regarding the 11
soil health activity or project; and 12
(2) Disclose information relating to the soil health activity 13
or project; 14
(d) Ensure that the most accurate and current scientific 15
evidence relating to soil health, soil health practices and the 16
economic and environmental benefits of soil health practices is 17
considered in awarding a grant by the program; 18
(e) Limit the grant money that may be used by a grant 19
recipient for costs not directly related to the purpose of the grant, 20
including, without limitation, administrative expenses and 21
overhead expenses; 22
(f) Establish monitoring requirements to ensure that any grant 23
money awarded is spent in accordance with state law; and 24
(g) Establish requirements to ensure the confidentiality of a 25
grant recipient, landowner and land information, as applicable. 26
Sec. 9. 1. There is hereby created in the State Treasury the 27
Fund for Soil Health. The Commission is responsible for the 28
administration of the Fund. All money received and held by 29
the State Treasurer for that purpose must be deposited in the 30
Fund. 31
2. The Commission may: 32
(a) Apply for and accept gifts, grants, services and donations 33
from any source for the purposes of carrying out the provisions of 34
sections 2 to 12, inclusive, of this act; 35
(b) Administer and expend money for the purpose of planning, 36
developing or establishing the Healthy Soils Initiative pursuant to 37
sections 7 and 8 of this act; and 38
(c) Use money received or appropriated as matching funds to 39
obtain or make grants for soil health activities. 40
Sec. 10. Except as otherwise provided in this section or 41
pursuant to a grant agreement executed in relation to a program 42
established pursuant to section 8 of this act, all information in the 43
records and files of the Commission regarding the identity of an 44
agricultural producer or participant in a program established by 45
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the Commission pursuant to sections 2 to 12, inclusive, of this act 1
and the practices of the agricultural producer or program 2
participant are confidential unless the agricultural producer or 3
program participant provides express permission in writing to the 4
Commission to release such information. 5
Sec. 11. The Conservation Districts Program in the State 6
Department of Conservation and Natural Resources shall provide 7
staff services to the Commission for carrying out the provisions of 8
sections 2 to 12, inclusive, of this act. 9
Sec. 12. The Commission may adopt regulations to carry out 10
the provisions of sections 2 to 12, inclusive, of this act. 11
Sec. 13. NRS 548.010 is hereby amended to read as follows: 12
548.010 [This chapter] NRS 548.010 to 548.550, inclusive, 13
may be known and cited as the Conservation Districts Law. 14
Sec. 14. NRS 548.015 is hereby amended to read as follows: 15
548.015 As used in [this chapter,] NRS 548.010 to 548.550, 16
inclusive, unless the context otherwise requires, the [following] 17
words and terms [have the meanings attributed to them] defined in 18
NRS 548.020 to 548.090, inclusive, [unless the context otherwise 19
requires.] have the meanings ascribed to them in those sections. 20
Sec. 15. NRS 548.032 is hereby amended to read as follows: 21
548.032 “Conservation district” or “district” means a 22
governmental subdivision of this State, and a public body corporate 23
and politic, organized in accordance with the provisions of [this 24
chapter] NRS 548.010 to 548.550, inclusive, for the purposes, with 25
the powers, and subject to the restrictions set forth in [this chapter.] 26
NRS 548.010 to 548.550, inclusive. 27
Sec. 16. NRS 548.050 is hereby amended to read as follows: 28
548.050 “Land occupier” or “occupier of land” means any 29
person, firm or corporation which holds title to, or is in legal 30
possession of, any lands lying within a district organized under the 31
provisions of [this chapter,] NRS 548.010 to 548.550, inclusive, 32
whether as owner or as lessee or tenant under a lease or rental 33
agreement for a term of 1 year or longer, but does not include 34
transient users. 35
Sec. 17. NRS 548.085 is hereby amended to read as follows: 36
548.085 “Supervisor” means one of the members of the 37
governing body of a district, elected or appointed in accordance with 38
the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 39
Sec. 18. NRS 548.157 is hereby amended to read as follows: 40
548.157 The Program shall perform staff services for the 41
Commission in carrying out its responsibilities under [this chapter.] 42
the provisions of NRS 548.010 to 548.550, inclusive. 43
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Sec. 19. NRS 548.160 is hereby amended to read as follows: 1
548.160 The Commission may adopt and promulgate such 2
rules and regulations as may be necessary for the execution of its 3
functions under [this chapter.] the provisions of NRS 548.010 to 4
548.550, inclusive. 5
Sec. 20. NRS 548.175 is hereby amended to read as follows: 6
548.175 The Commission has the following duties and powers: 7
1. To carry out the policies of this State in programs at the state 8
level for the conservation of the renewable natural resources of this 9
State and to represent the State in matters affecting such resources. 10
2. To offer such assistance as may be appropriate to the 11
supervisors of conservation districts in the carrying out of any of 12
their powers and programs, to propose programs and to assist and 13
guide districts in the preparation and carrying out of programs 14
authorized under [this chapter,] the provisions of NRS 548.010 to 15
548.550, inclusive, to review district programs, to coordinate the 16
programs of the districts and resolve any conflicts in such programs, 17
and to facilitate, promote, assist, harmonize, coordinate and guide 18
the programs and activities of districts as they relate to other special-19
purpose districts, counties and other public agencies. 20
3. To keep the supervisors of each of the districts informed of 21
the activities and experience of all other districts organized pursuant 22
to [this chapter,] NRS 548.010 to 548.550, inclusive, and to 23
facilitate an interchange of advice and experience among those 24
districts and promote cooperation among them. 25
4. To secure the cooperation and assistance of the United 26
States, any of its agencies and of other agencies of this State in the 27
work of conservation districts. 28
5. To serve, along with conservation districts, as the official 29
state agency for cooperating with the Natural Resources 30
Conservation Service of the United States Department of 31
Agriculture in carrying on conservation operations within the 32
boundaries of conservation districts as created under [this chapter.] 33
the provisions of NRS 548.010 to 548.550, inclusive. 34
6. To enlist the cooperation and collaboration of state, federal, 35
interstate, local, public and private agencies with the conservation 36
districts and to facilitate arrangements under which the conservation 37
districts may serve county governing bodies and other agencies as 38
their local operating agencies in the administration of any activity 39
concerned with the conservation and use of renewable natural 40
resources. 41
7. To make available, with the assistance of the Program, 42
information concerning the needs and the work of the districts and 43
the Commission to the Director of the State Department of 44
Conservation and Natural Resources, the Legislature, executive 45
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agencies and political subdivisions of this State, cooperating federal 1
agencies and the general public. 2
8. To cooperate with and give such assistance as may be 3
requested by cities, counties, irrigation districts, and other special-4
purpose districts in the State of Nevada for the purpose of 5
cooperating with the United States through the Secretary of 6
Agriculture in the furtherance of conservation, pursuant to the 7
provisions of the Watershed Protection and Flood Prevention Act, 8
16 U.S.C. §§ 1001 et seq., and the requirements of other special 9
programs of the United States Department of Agriculture. 10
9. Pursuant to procedures developed mutually by the 11
Commission and federal, state and local agencies that are authorized 12
to plan or administer activities significantly affecting the 13
conservation and use of renewable natural resources, to receive from 14
those agencies, for review and comment, suitable descriptions of 15
their plans, programs and activities for purposes of coordination 16
with the conservation districts’ programs and to arrange for and 17
participate in conferences necessary to avoid conflict among the 18
plans and programs, to call attention to omissions and to avoid 19
duplication of effort. 20
10. To submit, with the assistance of the Program, a report to 21
the Director of the State Department of Conservation and Natural 22
Resources whenever the Commission determines that there exists a 23
substantial conflict between the program of a district and the 24
proposed plans or activities directly affecting the conservation of 25
natural resources prepared by any other local governmental unit or 26
agency of this State. 27
11. By administrative order of the Commission, upon the 28
written request of the board of supervisors of the conservation 29
district or districts involved, with a showing that the request has 30
been approved by a majority vote of the members of each of the 31
boards involved: 32
(a) To transfer lands from one district established under the 33
provisions of [this chapter] NRS 548.010 to 548.550, inclusive, to 34
another. 35
(b) To divide a single district into two or more districts, each of 36
which must, thereafter, operate as a separate district under the 37
provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 38
(c) To consolidate two or more districts established under the 39
provisions of [this chapter] NRS 548.010 to 548.550, inclusive, into 40
a single district under the provisions of [this chapter.] NRS 548.010 41
to 548.550, inclusive. 42
(d) To inform the Program of any action taken pursuant to this 43
subsection for its approval of any new name and the appropriate 44
entry in the Program’s records of the changes made. 45
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12. To authorize the change of name of any district, upon 1
receipt by the Commission of a resolution by the board of 2
supervisors of the district for such a change and to present the 3
resolution to the Program for processing and recording in 4
accordance with the provisions of NRS 548.240. 5
13. To apply for any available grants and to accept and use any 6
grants, gifts or donations to make available grants of money to 7
qualified conservation districts to aid the districts in carrying out the 8
provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 9
Sec. 21. NRS 548.178 is hereby amended to read as follows: 10
548.178 1. The Commission may establish programs for 11
distributing, within the limits of legislative appropriations and other 12
available money, grants of money to conservation districts. 13
Distribution of such grants must be made in the following manner: 14
(a) Except as otherwise provided in subsection 4, the 15
Commission shall distribute grants of money provided by legislative 16
appropriation in equal amounts to each conservation district which 17
the Commission determines qualifies for a grant. 18
(b) The Commission may distribute grants of money provided 19
by sources other than legislative appropriation in such amounts and 20
subject to such conditions as the Commission determines 21
appropriate to any conservation district which the Commission 22
determines qualifies for a grant. 23
2. The Commission may determine that a conservation district 24
qualifies for a grant of money pursuant to this section if the district 25
demonstrates to the satisfaction of the Commission that the district: 26
(a) Has been established in accordance with the provisions of 27
[this chapter;] NRS 548.010 to 548.550, inclusive; and 28
(b) Is in compliance with all of the requirements of [this chapter] 29
NRS 548.010 to 548.550, inclusive, and the regulations of the 30
Commission adopted pursuant thereto. 31
3. Except as may otherwise be provided as a condition of a 32
grant of money distributed by the Commission pursuant to 33
paragraph (b) of subsection 1, a conservation district that is awarded 34
a grant of money pursuant to this section may use the money for 35
reasonable and necessary expenses incurred by the district in 36
carrying out its duties and authorities in accordance with [this 37
chapter] the provisions of NRS 548.010 to 548.550, inclusive, and 38
the annual district budget approved by the Commission. 39
4. With regard to money provided by legislative appropriation, 40
the Commission may distribute grants of money to conservation 41
districts in unequal amounts if: 42
(a) The grants of money are for a specific competitive grant 43
program for which the Legislature expressly appropriated money; 44
and 45
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(b) The competitive grant program described in paragraph (a) is 1
governed by regulations specifically adopted to govern that 2
competitive grant program and those regulations expressly state that 3
the grants of money may be distributed in unequal amounts. 4
5. The Commission may adopt such regulations as it considers 5
necessary to carry out the provisions of this section. 6
Sec. 22. NRS 548.190 is hereby amended to read as follows: 7
548.190 1. Within 30 days after such a petition has been filed 8
with the Commission, it shall cause due notice to be given of a 9
proposed hearing upon: 10
(a) The question of the desirability and necessity, in the interest 11
of the public health, safety and welfare, of the creation of such 12
district. 13
(b) The question of the appropriate boundaries to be assigned to 14
such district. 15
(c) The propriety of the petition and other proceedings taken 16
under [this chapter.] the provisions of NRS 548.010 to 548.550, 17
inclusive. 18
(d) All questions relevant to such inquiries. 19
2. All occupiers of land within the limits of the territory 20
described in the petition, and of lands within any territory 21
considered for addition to such described territory, and all other 22
interested persons, shall have the right to attend such hearings and to 23
be heard. 24
3. If it shall appear upon the hearing that it may be desirable to 25
include, within the proposed district, territory outside of the area 26
within which due notice of the hearing has been given, the hearing 27
shall be adjourned and due notice of further hearing shall be given 28
throughout the entire area considered for inclusion in the district, 29
and such further hearing shall be held. 30
Sec. 23. NRS 548.195 is hereby amended to read as follows: 31
548.195 1. After such hearing, if the Commission 32
determines, upon the facts presented at such hearing and upon such 33
other relevant facts and information as may be available, that there 34
is need, in the interest of the public health, safety and welfare, for a 35
conservation district to function in the territory considered at the 36
hearing, the Commission shall make and record such determination, 37
and shall determine the township or townships to be included in the 38
district. 39
2. In making such determination, the Commission shall give 40
due weight and consideration to: 41
(a) The topography of the area considered and of the State. 42
(b) The composition of soils therein. 43
(c) The distribution of erosion. 44
(d) The prevailing land use practices. 45
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(e) The desirability and necessity of including within the 1
boundaries the particular lands under consideration and the benefits 2
such lands may receive from being included within such boundaries. 3
(f) The relation of the proposed area to existing watersheds and 4
agricultural regions, and to other conservation districts already 5
organized or proposed for organization under the provisions of [this 6
chapter.] NRS 548.010 to 548.550, inclusive. 7
(g) Such other physical, geographical and economic factors as 8
are relevant, having due regard to the legislative determinations set 9
forth in NRS 548.095 to 548.113, inclusive. 10
3. After consideration of the petition and of any other evidence 11
of interest in the organization of a district, and of the relevant factors 12
regarding the need for a district to function in the territory being 13
considered, the Commission may make the determination of such 14
need without holding a hearing. 15
Sec. 24. NRS 548.205 is hereby amended to read as follows: 16
548.205 1. After the Commission has made and recorded a 17
determination that there is need, in the interest of the public health, 18
safety and welfare, for the organization of a district in a particular 19
territory and has determined the township or townships to be 20
included, the Commission shall consider the question whether the 21
operation of a district within such territory with the powers 22
conferred upon conservation districts in [this chapter] NRS 548.010 23
to 548.550, inclusive, is administratively practicable and feasible. 24
2. To assist the Commission in the determination of such 25
administrative practicability and feasibility, the Commission shall, 26
within a reasonable time after entry of the finding that there is need 27
for the organization of the proposed district and the determination of 28
its territory, hold a referendum within the proposed district upon the 29
proposition of the creation of the district, and shall cause due notice 30
of such referendum to be given. 31
3. The question shall be submitted by ballots upon which the 32
words “For creation of a conservation district consisting of the 33
township (or townships) of ........................ in the county (or 34
counties) of ........................” and “Against creation of a 35
conservation district consisting of the township (or townships) of 36
........................ in the county (or counties) of ........................” shall 37
be printed, with a square before each proposition and a direction to 38
insert an X mark in the square before one or the other of the 39
propositions, as the voter may favor or oppose creation of such 40
district. 41
4. All persons determined by the county clerk or clerks to be 42
registered voters residing within the boundaries of the proposed 43
conservation district shall be eligible to vote in such referendum. 44
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Sec. 25. NRS 548.210 is hereby amended to read as follows: 1
548.210 1. The Commission shall: 2
(a) Pay all expenses for the issuance of such notices and the 3
conduct of such hearings and referendum. 4
(b) Supervise the conduct of such hearings and referendum. 5
(c) Issue appropriate regulations governing the conduct of such 6
hearings and referendum, and providing for the registration prior to 7
the date of the referendum of all eligible voters, or prescribing some 8
other appropriate procedure for the determination of those eligible 9
as voters in such referendum. 10
2. No informalities in the conduct of such referendum or in any 11
matters relating thereto shall invalidate the referendum or the result 12
thereof if notice thereof shall have been given substantially as 13
provided in [this chapter] NRS 548.010 to 548.550, inclusive, and 14
the referendum shall have been fairly conducted. 15
Sec. 26. NRS 548.215 is hereby amended to read as follows: 16
548.215 1. The Commission shall publish the result of the 17
referendum and shall thereafter consider and determine whether the 18
operation of the district is administratively practicable and feasible. 19
2. If the Commission determines that the operation of such 20
district is not administratively practicable and feasible, the 21
Commission shall record such determination and deny the petition. 22
3. If the Commission determines that the operation of the 23
district is administratively practicable and feasible, the Commission 24
shall record such determination and shall proceed with the 25
organization of the district in the manner provided in [this chapter.] 26
the provisions of NRS 548.010 to 548.550, inclusive. The 27
Commission shall not determine that the operation of the proposed 28
district is administratively practicable and feasible unless at least a 29
majority of the votes cast in the referendum upon the creation of the 30
district are cast in favor of the creation of such district. 31
4. In making such determination, the Commission shall give 32
due regard and weight to: 33
(a) The attitudes of the occupiers of lands lying within the 34
defined boundaries. 35
(b) The number of eligible registered voters who voted in the 36
referendum. 37
(c) The proportion of the votes cast in such referendum in favor 38
of the creation of the district to the total number of votes cast. 39
(d) The approximate wealth and income of the land occupiers of 40
the proposed district. 41
(e) The probable expense of carrying on erosion-control 42
operations within such district. 43
– 14 –
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(f) Such other economic and social factors as may be relevant to 1
such determination, having due regard to the legislative 2
determinations set forth in NRS 548.095 to 548.113, inclusive. 3
Sec. 27. NRS 548.220 is hereby amended to read as follows: 4
548.220 After 6 months shall have expired from the date of 5
entry of a determination by the Commission that operation of a 6
proposed district is not administratively practicable and feasible, and 7
denial of a petition pursuant to such determination, subsequent 8
petitions may be filed and action taken thereon in accordance with 9
the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 10
Sec. 28. NRS 548.235 is hereby amended to read as follows: 11
548.235 1. The five appointed supervisors shall present to the 12
Program an application signed by them, which states: 13
(a) That a petition for the creation of the district was filed with 14
the Commission pursuant to the provisions of [this chapter,] NRS 15
548.010 to 548.550, inclusive, and that the proceedings specified in 16
[this chapter] NRS 548.010 to 548.550, inclusive, were taken 17
pursuant to that petition. 18
(b) That the application is being filed in order to complete the 19
organization of the district as a governmental subdivision and a 20
public body, corporate and politic, under [this chapter.] the 21
provisions of NRS 548.010 to 548.550, inclusive. 22
(c) That the Commission has appointed them as supervisors. 23
(d) The name and official residence of each of the supervisors, 24
together with a certified copy of the appointments evidencing their 25
right to office. 26
(e) The term of office of each of the supervisors. 27
(f) The name which is proposed for the district. 28
(g) The location of the principal office of the supervisors of the 29
district. 30
2. The application must be subscribed and sworn to by each of 31
the supervisors before a person authorized to take and certify oaths, 32
who shall certify upon the application that the person personally 33
knows the supervisors and knows them to be the officers as affirmed 34
in the application, and that each has subscribed thereto in the 35
officer’s presence. 36
3. The application must be accompanied by a statement by the 37
Commission: 38
(a) That a petition was filed, notice issued and hearing held as 39
required by [this chapter.] the provisions of NRS 548.010 to 40
548.550, inclusive. 41
(b) That the Commission did determine that there is need, in the 42
interest of the public health, safety and welfare, for a conservation 43
district to function in the proposed territory and did define the 44
township or townships to be included. 45
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(c) That notice was given and a referendum held on the question 1
of the creation of such a district, and that a majority of the votes cast 2
in such referendum were in favor of the creation of the district. 3
(d) That thereafter the Commission did determine that the 4
operation of the proposed district is administratively practicable and 5
feasible. 6
4. The statement must set forth the township or townships to be 7
included. 8
Sec. 29. NRS 548.240 is hereby amended to read as follows: 9
548.240 1. The Program shall examine the application and 10
statement, and if the Program finds that the name proposed for the 11
district is not identical with that of any other conservation district of 12
this State or so nearly similar as to lead to confusion or uncertainty, 13
the Program shall record them in an appropriate book of record. 14
2. If the Program finds that the name proposed for the district 15
is identical with that of any other conservation district of this State, 16
or so nearly similar as to lead to confusion and uncertainty, the 17
Program shall notify the Commission. The Commission shall 18
thereupon submit a new name for the district. Upon receipt of a new 19
name, free of such defects, the Program shall record the application 20
and statement, with the name so modified, in an appropriate book of 21
record. 22
3. When the application and statement have been recorded, the 23
district becomes a governmental subdivision of this State and a 24
public body corporate and politic. 25
4. The Program shall make and issue to the supervisors a 26
certificate, over the signature of a member of the staff of the 27
Program, of the organization of the district. 28
5. The boundaries of the district must include the territory 29
determined by the Commission, but must not include any area 30
included within the boundaries of another conservation district 31
organized under the provisions of [this chapter.] NRS 548.010 to 32
548.550, inclusive. 33
Sec. 30. NRS 548.245 is hereby amended to read as follows: 34
548.245 1. In any suit, action or proceeding involving the 35
validity or enforcement of, or relating to, any contract, proceeding 36
or action of the district, the district shall be deemed to have been 37
established in accordance with the provisions of [this chapter] NRS 38
548.010 to 548.550, inclusive, upon proof of the issuance of the 39
certificate by the Program. 40
2. A copy of such a certificate issued by the Program is 41
admissible in evidence in any such suit, action or proceeding and is 42
proof of the contents thereof. 43
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Sec. 31. NRS 548.280 is hereby amended to read as follows: 1
548.280 Each district shall be governed by a board consisting 2
of five supervisors elected at large and one or more appointed 3
supervisors, as provided in [this chapter.] the provisions of NRS 4
548.010 to 548.550, inclusive. 5
Sec. 32. NRS 548.330 is hereby amended to read as follows: 6
548.330 The supervisors shall furnish to the Commission, upon 7
request: 8
1. Copies of such ordinances, rules, regulations, orders, 9
contracts, forms and other documents as they shall adopt or employ; 10
and 11
2. Such other information concerning their activities as the 12
Commission may require in the performance of its duties under [this 13
chapter.] the provisions of NRS 548.010 to 548.550, inclusive. 14
Sec. 33. NRS 548.340 is hereby amended to read as follows: 15
548.340 A conservation district organized under the provisions 16
of [this chapter] NRS 548.010 to 548.550, inclusive, shall constitute 17
a governmental subdivision of this State and a public body corporate 18
and politic, exercising public powers. 19
Sec. 34. NRS 548.345 is hereby amended to read as follows: 20
548.345 In addition to other powers granted in [this chapter,] 21
the provisions of NRS 548.010 to 548.550, inclusive, a district and 22
the supervisors thereof shall have the power to conduct surveys, 23
investigations and research relating to the conservation of renewable 24
natural resources and the preventive and control measures needed, 25
to publish the results of such surveys, investigations or research, and 26
to disseminate information concerning such preventive and control 27
measures; but in order to avoid duplication of research activities, no 28
district shall initiate any research program except in cooperation 29
with the government of this State or any of its agencies, or with the 30
United States or any of its agencies. 31
Sec. 35. NRS 548.350 is hereby amended to read as follows: 32
548.350 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 shall have the power to conduct 35
demonstrational projects within the district on lands owned or 36
controlled by this State or any of its agencies, with the cooperation 37
of the agency administering and having jurisdiction thereof, and on 38
any other lands within the district, upon obtaining the consent of the 39
occupier of such lands or the necessary rights or interests in such 40
lands, in order to demonstrate by example the means, methods and 41
measures by which renewable natural resources may be conserved. 42
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Sec. 36. NRS 548.355 is hereby amended to read as follows: 1
548.355 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 may: 4
1. Carry out preventive and control measures within the 5
district, including, but not limited to, engineering operations, 6
methods of cultivation, the growing of vegetation and changes in the 7
use of land; and 8
2. Repair and restore property within the district, including, but 9
not limited to, wetlands, stream corridors and other riparian 10
property, 11
on land owned or controlled by any government or municipal 12
corporation, with the cooperation of the agency administering and 13
having jurisdiction thereof, and on any other land within the district, 14
upon obtaining the consent of all persons holding any relevant rights 15
or interests in such land. 16
Sec. 37. NRS 548.360 is hereby amended to read as follows: 17
548.360 In addition to other powers granted in [this chapter,] 18
the provisions of NRS 548.010 to 548.550, inclusive, a district and 19
the supervisors thereof may cooperate or enter into agreements with 20
and, within the limits of appropriations made available to it by law 21
and any money it acquires from any other source, furnish financial 22
or other aid to any governmental or other agency, or any occupier of 23
land within the district, in conserving renewable natural resources 24
within the district, subject to such conditions as the supervisors may 25
deem necessary to advance the purposes of [this chapter.] NRS 26
548.010 to 548.550, inclusive. 27
Sec. 38. NRS 548.365 is hereby amended to read as follows: 28
548.365 In addition to other powers granted in [this chapter,] 29
the provisions of NRS 548.010 to 548.550, inclusive, a district and 30
the supervisors thereof shall have the power to make available, on 31
such terms as it shall prescribe, to land occupiers within the district, 32
agricultural and engineering machinery and equipment, fertilizer, 33
seeds and seedlings, and such other material or equipment as will 34
assist such land occupiers in carrying on operations upon their lands 35
for the conservation of renewable natural resources. 36
Sec. 39. NRS 548.370 is hereby amended to read as follows: 37
548.370 In addition to other powers granted in [this chapter,] 38
the provisions of NRS 548.010 to 548.550, inclusive, a district and 39
the supervisors thereof shall have the power to construct, operate, 40
improve and maintain such facilities and structures as may be 41
necessary or convenient for the performance of any of the 42
operations authorized in [this chapter.] NRS 548.010 to 548.550, 43
inclusive. 44
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Sec. 40. NRS 548.375 is hereby amended to read as follows: 1
548.375 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: 4
1. To develop comprehensive plans for the conservation of 5
renewable natural resources within the district, which plans shall 6
specify in such detail as may be possible the acts, procedures, 7
performances, and avoidances which are necessary or desirable for 8
the effectuation of such plans, including the specification of 9
engineering operations, methods of cultivation, the growing of 10
vegetation, cropping programs, tillage practices, and changes in the 11
use of land; and 12
2. To publish such plans and information and bring them to the 13
attention of occupiers of lands within the district. 14
Sec. 41. NRS 548.380 is hereby amended to read as follows: 15
548.380 In addition to other powers granted in [this chapter,] 16
the provisions of NRS 548.010 to 548.550, inclusive, a district and 17
the supervisors thereof may: 18
1. Manage or administer any project for the conservation of a 19
renewable natural resource located within its boundaries undertaken 20
by any person, municipal corporation or government. 21
2. Act as an agent of any person, municipal corporation or 22
government in connection with the acquisition, construction, 23
operation or administration of any project for the conservation of a 24
renewable natural resource within its boundaries. 25
3. Accept donations, gifts and contributions in money, services, 26
materials or any other form from any source, and use or expend such 27
money, services, materials or other contributions in carrying on its 28
operations. 29
4. Participate in cost-sharing on federally financed projects. 30
Sec. 42. NRS 548.385 is hereby amended to read as follows: 31
548.385 In addition to other powers granted in [this chapter,] 32
the provisions of NRS 548.010 to 548.550, inclusive, a district and 33
the supervisors thereof shall have the power: 34
1. To sue and be sued in the name of the district. 35
2. To have a seal, which seal shall be judicially noticed. 36
3. To have perpetual succession, unless terminated as provided 37
in [this chapter.] the provisions of NRS 548.010 to 548.550, 38
inclusive. 39
4. To make and execute contracts and other instruments 40
necessary or convenient to the exercise of its powers. 41
5. To make, and from time to time amend and repeal, rules and 42
regulations not inconsistent with [this chapter,] the provisions of 43
NRS 548.010 to 548.550, inclusive, to carry into effect its purposes 44
and powers. 45
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Sec. 43. NRS 548.390 is hereby amended to read as follows: 1
548.390 As a condition to the extending of any benefits under 2
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 3
to, or the performance of work upon, any lands not owned or 4
controlled by this State or any of its agencies, the supervisors may 5
require contributions in money, services, materials or otherwise to 6
any operations conferring such benefits, and may require land 7
occupiers to enter into and perform such agreements or covenants as 8
to the permanent use of such lands as will tend to prevent or control 9
erosion thereon. 10
Sec. 44. NRS 548.393 is hereby amended to read as follows: 11
548.393 In addition to other powers granted in [this chapter,] 12
the provisions of NRS 548.010 to 548.550, inclusive, a district and 13
the supervisors thereof may, in furtherance of the purposes and 14
provisions of [this chapter:] NRS 548.010 to 548.550, inclusive: 15
1. Obtain options upon and acquire, by purchase, exchange, 16
lease, gift, grant, bequest, devise or otherwise, except by adverse 17
possession, any property, real or personal, or rights or interests 18
therein; 19
2. Maintain, administer and improve any properties acquired; 20
3. Receive income from such properties and expend that 21
income; and 22
4. Sell, lease or otherwise dispose of any of its property or 23
interests therein. 24
Sec. 45. NRS 548.395 is hereby amended to read as follows: 25
548.395 No provisions with respect to the acquisition, 26
operation or disposition of property by other public bodies shall be 27
applicable to a district organized under [this chapter] the provisions 28
of NRS 548.010 to 548.550, inclusive, unless the Legislature shall 29
specifically so state. 30
Sec. 46. NRS 548.400 is hereby amended to read as follows: 31
548.400 1. The supervisors of any two or more districts 32
organized under the provisions of [this chapter] NRS 548.010 to 33
548.550, inclusive, may cooperate with and enter into agreements 34
with one another in the exercise of any or all powers conferred in 35
[this chapter.] NRS 548.010 to 548.550, inclusive. 36
2. Any district may enter into such agreements with a district 37
or districts in adjoining states to carry out such purposes if the law 38
in the other states permits the districts in the states to enter into the 39
agreements. 40
Sec. 47. NRS 548.405 is hereby amended to read as follows: 41
548.405 1. Agencies of this State which shall have 42
jurisdiction over, or be charged with the administration of, any state-43
owned lands, and agencies of any county or other governmental 44
subdivision of the State which shall have jurisdiction over, or be 45
– 20 –
- *AB80*
charged with the administration of, any county-owned or other 1
publicly owned lands, lying within the boundaries of any district 2
organized under [this chapter,] the provisions of NRS 548.010 to 3
548.550, inclusive, shall cooperate to the fullest extent with the 4
supervisors of such districts in the effectuation of programs and 5
operations undertaken by the supervisors under the provisions of 6
[this chapter.] NRS 548.010 to 548.550, inclusive. 7
2. The supervisors of such districts shall be given free access to 8
enter and perform work upon such publicly owned lands. 9
3. The provisions of land use regulations adopted pursuant to 10
NRS 548.410 to 548.435, inclusive, shall have the force and effect 11
of law over all such publicly owned lands, and shall be in all 12
respects observed by the agencies administering such lands. 13
Sec. 48. NRS 548.4052 is hereby amended to read as follows: 14
548.4052 1. Subject to the provisions of NRS 548.4053 and 15
548.4054, and only after receiving the approval of a majority of the 16
registered voters of the conservation district voting on the question 17
at a primary, general or special election held pursuant to NRS 18
548.4053 or at an election conducted by mail pursuant to 19
NRS 548.4054: 20
(a) If a conservation district includes land lying in only one 21
county, the board of county commissioners of the county shall 22
impose, on behalf of the conservation district, an annual fee of not 23
more than $25 on each parcel in the conservation district; and 24
(b) If a conservation district includes land lying in more than 25
one county, the boards of county commissioners of the respective 26
counties shall impose, on behalf of the conservation district, an 27
annual fee of not more than $25 on each parcel in the conservation 28
district. 29
2. A fee imposed pursuant to subsection 1 must be collected as 30
are other fees and taxes imposed by the board of county 31
commissioners are collected. A board of county commissioners that 32
imposes the fee shall establish a separate fund in the county treasury 33
for the receipt and expenditure of and accounting for the proceeds of 34
the fee. 35
3. Money collected pursuant to this section may be used only 36
for the purposes of [this chapter.] NRS 548.010 to 548.550, 37
inclusive. 38
Sec. 49. NRS 548.410 is hereby amended to read as follows: 39
548.410 1. The supervisors of any district may file petitions 40
with the Commission at any time to request it to formulate land use 41
regulations applicable to the district. 42
2. The Commission shall prescribe the form of the petition, 43
which shall be, as nearly as practicable, in the form prescribed in 44
– 21 –
- *AB80*
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 1
for petitions to organize a district. 2
3. The Commission shall have authority to formulate 3
regulations, based upon the petition, governing the use of lands 4
within a district in the interest of conserving renewable natural 5
resources and preventing and controlling soil erosion and 6
sedimentation. 7
4. The Commission shall conduct, after due notice, public 8
meetings and public hearings within the district or districts 9
concerned upon such regulations as it deems necessary to assist it in 10
consideration thereof. 11
5. The Commission shall determine, on the basis of 12
information presented in the petition or brought out in public 13
hearings, and on the basis of the number of petitioners in relation to 14
the total number of occupiers of land lying within the district, 15
whether it can render a reasonable determination of approval or 16
denial of the petition without holding a referendum, or whether a 17
referendum shall be held. 18
Sec. 50. NRS 548.415 is hereby amended to read as follows: 19
548.415 If a referendum is to be held: 20
1. The proposed regulations shall be embodied in a proposed 21
ordinance. 22
2. Copies of such proposed ordinance shall be available for the 23
inspection of all eligible voters during the period between 24
publication of such notice and the date of the referendum. 25
3. The notices of the referendum shall recite the contents of 26
such proposed ordinance, or shall state where copies of such 27
proposed ordinance can be examined. 28
4. The question shall be submitted by ballots, upon which the 29
words “For approval of proposed ordinance No. ........, prescribing 30
land use regulations for conservation of soil and prevention of 31
erosion” and “Against approval of proposed ordinance No. ........, 32
prescribing land use regulations for conservation of soil and 33
prevention of erosion” shall be printed, with a square before each 34
proposition and a direction to insert an X mark in the square before 35
one or the other of the propositions as the voter may favor or oppose 36
approval of such proposed ordinance. 37
5. The Commission shall supervise such referendum, shall 38
prescribe appropriate regulations governing the conduct thereof, and 39
shall publish the result thereof. 40
6. All persons determined by the county clerk or clerks to be 41
registered voters residing within the district are eligible to vote in 42
such referendum. 43
7. No informalities in the conduct of such referendum or in any 44
matters relating thereto invalidate the referendum or the result 45
– 22 –
- *AB80*
thereof if notice thereof was given substantially as provided in [this 1
chapter] the provisions of NRS 548.010 to 548.550, inclusive, and 2
the referendum was fairly conducted. 3
Sec. 51. NRS 548.495 is hereby amended to read as follows: 4
548.495 1. The board of adjustment shall adopt rules to 5
govern its procedures, which rules shall be in accordance with the 6
provisions of [this chapter] NRS 548.010 to 548.550, inclusive, and 7
with the provisions of any ordinance adopted pursuant to 8
NRS 548.460. 9
2. The board shall keep a full and accurate record of all 10
proceedings, of all documents filed with it, and of all orders entered, 11
which shall be filed in the office of the board and shall be a public 12
record. 13
Sec. 52. NRS 548.515 is hereby amended to read as follows: 14
548.515 1. Petitions for including additional territory within 15
an existing district shall be filed with the Commission. 16
2. The proceedings provided for in [this chapter] the provisions 17
of NRS 548.010 to 548.550, inclusive, in the case of petitions to 18
organize a district shall be observed in the case of petitions for 19
inclusion, except that the application for a certificate of inclusion 20
shall be signed by the chair and the secretary of the governing body 21
of the district into which the additional territory is to be included. 22
3. The Commission shall prescribe the form for the petitions, 23
which shall be, as nearly as practicable, in the form prescribed in 24
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 25
for petitions to organize a district. 26
4. Where the total number of land occupiers in the area 27
proposed for inclusion shall be less than 25, the petition may be 28
filed when signed by a majority of the occupiers of such area, and in 29
such case no referendum need be held. 30
5. In referenda upon petitions for inclusion, all occupiers of 31
land lying within the proposed additional area shall be eligible to 32
vote. 33
6. The Commission shall determine whether or not such 34
inclusion shall be made. 35
Sec. 53. NRS 548.520 is hereby amended to read as follows: 36
548.520 1. Petitions to withdraw lands from a district may be 37
filed with the Commission at any time. 38
2. The Commission shall prescribe the form of the petition, 39
which shall be, as nearly as practicable, in the form prescribed in 40
[this chapter] the provisions of NRS 548.010 to 548.550, inclusive, 41
for petitions to organize a district. 42
3. Where the total number of land occupiers in the area 43
affected by a proposed withdrawal will be less than 25, the petition 44
– 23 –
- *AB80*
may be filed when signed by a majority of the occupiers of such 1
area, and in such case no referendum need be held. 2
4. In referenda upon petitions for withdrawal, all occupiers of 3
land lying within the area affected by the proposed change in 4
boundary shall be eligible to vote. 5
5. The Commission shall determine whether or not such 6
withdrawal shall be made. 7
Sec. 54. NRS 548.525 is hereby amended to read as follows: 8
548.525 1. At any time after 5 years after the organization of 9
a district under the provisions of [this chapter,] NRS 548.010 to 10
548.550, inclusive, any 10 occupiers of land lying within the 11
boundaries of such district may file a petition with the Commission 12
praying that the operations of the district be terminated and the 13
existence of the district be discontinued. 14
2. The Commission may conduct such public meetings and 15
public hearings upon such petition as may be necessary to assist it in 16
the consideration thereof. 17
3. The Commission shall determine, on the basis of 18
information presented in the petition or brought out in public 19
hearings and on the basis of the number of petitioners in relation to 20
the total number of occupiers of land lying within the district, 21
whether it can render a reasonable determination of approval or 22
denial of the petition without holding a referendum, or whether a 23
referendum shall be held. 24
Sec. 55. NRS 548.530 is hereby amended to read as follows: 25
548.530 1. Within 60 days after a petition for discontinuance 26
has been received by the Commission, it shall give due notice of the 27
holding of the referendum if one is to be held. 28
2. The Commission shall supervise the referendum and issue 29
appropriate regulations governing the conduct thereof. 30
3. The question shall be submitted by ballots upon which the 31
words “For terminating the existence of the ................ (name of the 32
conservation district to be here inserted)” and “Against terminating 33
the existence of the ............... (name of the conservation district to 34
be here inserted)” shall be printed, with a square before each 35
proposition and a direction to insert an X mark in the square before 36
one or the other of the propositions, as the voter may favor or 37
oppose discontinuance of such district. 38
4. All persons determined by the county clerk or clerks to be 39
registered voters residing within the district are eligible to vote in 40
such referendum. 41
5. No informalities in the conduct of such referendum or in any 42
matters relating thereto invalidate the referendum or the result 43
thereof if notice thereof was given substantially as provided in [this 44
– 24 –
- *AB80*
chapter] the provisions of NRS 548.010 to 548.550, inclusive, and 1
the referendum was fairly conducted. 2
6. The Commission shall publish the result of the referendum. 3
Sec. 56. NRS 548.540 is hereby amended to read as follows: 4
548.540 The Commission shall not entertain petitions for the 5
discontinuance of any district, nor conduct referenda upon such 6
petitions, nor make any determination pursuant to such petitions in 7
accordance with the provisions of [this chapter,] NRS 548.010 to 8
548.550, inclusive, more often than once in 5 years. 9
Sec. 57. NRS 555.206 is hereby amended to read as follows: 10
555.206 1. If the area included in a weed control district is 11
entirely within the boundaries of one county and entirely within the 12
boundaries of one conservation district organized pursuant to 13
[chapter 548 of] NRS [,] 548.010 to 548.550, inclusive, the board of 14
county commissioners of the county and the supervisors of the 15
conservation district may enter into an agreement for the supervisors 16
of the conservation district to serve, ex officio, as the board of 17
directors of the weed control district. If, as a result of a change in 18
boundaries, the area included in a weed control district is no longer 19
entirely within the boundaries of one county and entirely within the 20
boundaries of one conservation district organized pursuant to 21
[chapter 548 of] NRS [,] 548.010 to 548.550, inclusive, the 22
supervisors of the conservation district may no longer serve, ex 23
officio, as the board of directors of the weed control district, and the 24
supervisors of the weed control district must be appointed pursuant 25
to NRS 555.205. 26
2. An agreement entered into pursuant to subsection 1 may be 27
terminated by mutual agreement of the board of county 28
commissioners and the supervisors of the conservation district. If an 29
agreement is terminated pursuant to this section, the board of 30
directors of the weed control district must be appointed pursuant to 31
NRS 555.205. 32
3. The supervisors of a conservation district serving ex officio 33
as the board of directors of a weed control district pursuant to this 34
section shall ensure that any money collected by the weed control 35
district pursuant to an assessment levied pursuant to NRS 555.215, 36
and any other money appropriated or granted to the weed control 37
district from any source, is expended only for the purposes of NRS 38
555.202 to 555.220, inclusive. 39
Sec. 58. NRS 239.010 is hereby amended to read as follows: 40
239.010 1. Except as otherwise provided in this section and 41
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 42
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 43
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 44
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 45
– 25 –
- *AB80*
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 1
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 2
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 3
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 4
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 5
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 6
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 7
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 8
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 9
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 10
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 11
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 12
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 13
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 14
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 15
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 16
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 17
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 18
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 19
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 20
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 21
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 22
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 23
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 24
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 25
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 26
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 27
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 28
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 29
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 30
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 31
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 32
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 33
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 34
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 35
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 36
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 37
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 38
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 39
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 40
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 41
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 42
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 43
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 44
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 45
– 26 –
- *AB80*
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 1
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 2
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 3
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 4
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 5
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 6
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 7
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 8
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 9
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 10
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 11
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 12
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 13
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 14
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 15
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 16
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 17
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 18
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 19
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 20
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 21
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 22
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 23
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 24
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 25
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 26
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 27
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 28
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 29
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 30
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 31
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 32
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 33
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 34
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 35
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 36
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 37
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 38
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 39
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 40
711.600, section 10 of this act, sections 35, 38 and 41 of chapter 41
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 42
of Nevada 2013 and unless otherwise declared by law to be 43
confidential, all public books and public records of a governmental 44
entity must be open at all times during office hours to inspection by 45
– 27 –
- *AB80*
any person, and may be fully copied or an abstract or memorandum 1
may be prepared from those public books and public records. Any 2
such copies, abstracts or memoranda may be used to supply the 3
general public with copies, abstracts or memoranda of the records or 4
may be used in any other way to the advantage of the governmental 5
entity or of the general public. This section does not supersede or in 6
any manner affect the federal laws governing copyrights or enlarge, 7
diminish or affect in any other manner the rights of a person in any 8
written book or record which is copyrighted pursuant to federal law. 9
2. A governmental entity may not reject a book or record 10
which is copyrighted solely because it is copyrighted. 11
3. A governmental entity that has legal custody or control of a 12
public book or record shall not deny a request made pursuant to 13
subsection 1 to inspect or copy or receive a copy of a public book or 14
record on the basis that the requested public book or record contains 15
information that is confidential if the governmental entity can 16
redact, delete, conceal or separate, including, without limitation, 17
electronically, the confidential information from the information 18
included in the public book or record that is not otherwise 19
confidential. 20
4. If requested, a governmental entity shall provide a copy of a 21
public record in an electronic format by means of an electronic 22
medium. Nothing in this subsection requires a governmental entity 23
to provide a copy of a public record in an electronic format or by 24
means of an electronic medium if: 25
(a) The public record: 26
(1) Was not created or prepared in an electronic format; and 27
(2) Is not available in an electronic format; or 28
(b) Providing the public record in an electronic format or by 29
means of an electronic medium would: 30
(1) Give access to proprietary software; or 31
(2) Require the production of information that is confidential 32
and that cannot be redacted, deleted, concealed or separated from 33
information that is not otherwise confidential. 34
5. An officer, employee or agent of a governmental entity who 35
has legal custody or control of a public record: 36
(a) Shall not refuse to provide a copy of that public record in the 37
medium that is requested because the officer, employee or agent has 38
already prepared or would prefer to provide the copy in a different 39
medium. 40
(b) Except as otherwise provided in NRS 239.030, shall, upon 41
request, prepare the copy of the public record and shall not require 42
the person who has requested the copy to prepare the copy himself 43
or herself. 44
– 28 –
- *AB80*
Sec. 59. NRS 318A.280 is hereby amended to read as follows: 1
318A.280 1. In any region of this State for which there has 2
been established by interstate compact a regional planning agency, 3
the powers of any district created pursuant to this chapter with 4
respect to the location and construction of all facilities, 5
improvements or projects are subordinate to the powers of such 6
regional planning agency. 7
2. If the boundaries of a district overlap with the boundaries of 8
a conservation district formed pursuant to [chapter 548 of] NRS [,] 9
548.010 to 548.550, inclusive, the board of the district must 10
coordinate and consult with the board of supervisors of the 11
conservation district on matters that may impact the conservation 12
district. 13
Sec. 60. 1. There is hereby appropriated from the State 14
General Fund to the Conservation Districts Program in the State 15
Department of Conservation and Natural Resources the sum of 16
$250,000 for providing staff services to the State Conservation 17
Commission in the State Department of Conservation and Natural 18
Resources in administering the Healthy Soils Initiative created by 19
section 7 of this act, and for the salary of an employee to assist the 20
Commission in carrying out the provisions of sections 2 to 12, 21
inclusive, of this act. 22
2. Any remaining balance of the appropriation made by 23
subsection 1 must not be committed for expenditure after June 30, 24
2027, by the entity to which the appropriation is made or any entity 25
to which money from the appropriation is granted or otherwise 26
transferred in any manner, and any portion of the appropriated 27
money remaining must not be spent for any purpose after 28
September 17, 2027, by either the entity to which the money was 29
appropriated or the entity to which the money was subsequently 30
granted or transferred, and must be reverted to the State General 31
Fund on or before September 17, 2027. 32
Sec. 61. 1. This section and section 60 of this act become 33
effective upon passage and approval. 34
2. Sections 1 to 59, inclusive, of this act become effective: 35
(a) Upon passage and approval for the purpose of adopting any 36
regulations and performing any other preparatory administrative 37
tasks that are necessary to carry out the provisions of this act; and 38
(b) On January 1, 2026, for all other purposes. 39
H