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--- version:As Introduced+++ version:(document, no version)@@ -1,184 +1,93 @@- EXEMPT+Nevada Division of State Parks- A.B. 543+Proposed Amendment to Assembly Bill 543-- *AB543*+Contact:+Bob Mergell, rmergell@parks.nv.gov+Cathy Erskine, c.erskine@dcnr.nv.gov; 775-684-2705-ASSEMBLY BILL NO. 543–COMMITTEE ON WAYS AND MEANS+Purpose: To authorize the Division of State Parks to lease assigned lands for livestock grazing+through a competitive process under terms that serve the best interest of the State; to require that+revenues from such leases be deposited in the Account for Maintenance of State Parks and used in+the region where collected; to exempt these leases from the leasing requirements of the Division of+State Lands; and to eliminate the statutory calculation of minimum grazing lease fees under NRS+322.075.-(ON BEHALF OF THE OFFICE OF FINANCE-IN THE OFFICE OF THE GOVERNOR)+EXPLANATION: Matter in (1) blue bold italics is new language in the original bill; (2) variations+of green bold underlining is language proposed to be added in this amendment; (3) red+strikethrough is deleted language in the original bill; (4) purple double strikethrough is language+proposed to be deleted in this amendment; (5) orange double underlining is deleted language in the+original bill proposed to be retained in this amendment.-MARCH 31, 2025-____________+Section 1. NRS 322.075 is hereby amended to read as follows:-Referred to Committee on Ways and Means+[322.075 Unless the fee for the term or any portion of the term 3 of a lease of land for grazing+livestock is determined pursuant to 4 NRS 322.060:+ 1. The fee for the term or any portion of the term of the lease must be based on the fair+market value of the interest leased, but must not be less than:+ (a) The minimum grazing fee determined pursuant to subsection 2; or+ (b) The base value specified in subsection 3,+Ê whichever is greater, for each animal unit month leased.+ 2. To determine the minimum grazing fee for the purposes of subsection 1, the+Administrator of the Division of State Lands of the State Department of Conservation and+Natural Resources, as ex officio State Land Registrar, shall:+ (a) For each of the 3 years immediately preceding the year in which the land is leased:+ (1) Divide the price of beef cattle as set forth in the beef price index for that year by+the cost to produce livestock as set forth in the production price index for that year; and+ (2) Multiply the quotient calculated pursuant to subparagraph (1) by the base value+specified in subsection 3 for that year; and+ (b) Upon determining an amount for each year pursuant to paragraph (a), add each of those+amounts and divide the sum by 3.+ 3. For the purposes of this section, the base value is $1.94 for the period beginning on+July 1, 1997, and ending on December 31, 2003. On January 1, 2004, and every 6 years+thereafter, the Administrator shall revise the base value to adjust for inflation.+ 4. As used in this section:+ (a) “Animal unit month” means the amount of forage required to sustain one cow for one-SUMMARY—Revises provisions relating to certain fees for the use-of state lands. (BDR 26-1133)+month.+ (b) “Beef price index” means the index that:+ (1) Indicates the price of beef cattle in this State; and+ (2) Is calculated by the Administrator from data published annually by the United+States Department of Agriculture.+ (c) “Production price index” means the index that:+ (1) Indicates the cost to produce livestock, including the costs related to interest, taxes+and wages; and+ (2) Is published annually by the United States Department of Agriculture.]-FISCAL NOTE: Effect on Local Government: No.- Effect on the State: Yes.+Sec. 2. Delete by amendment.-~+Sec. 2.2. NRS 407 is hereby amended by adding thereto a new section to read as follows:-EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.+Except as otherwise provided in a special act pertaining to a particular area:+ 1. The Division may, if such leases or sales do not interfere with the use of such real+property for its outstanding scenic, recreational, scientific and historical importance:+ (a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and+to real property which is assigned to the Division for administration.+ (b) Sell crops or agricultural products of whatever kind produced on such real+property.+ 2. Except as otherwise provided in subsection 3, whenever the Division intends to lease+grazing or pasturage rights or to sell or offer for sale agricultural products as provided in+subsection 1, the Division may do so only by advertising for bids, reserving in such advertising+the right to reject any or all bids.+ 3. The Division may enter into such a lease with or make such a sale to a state agency+without advertising for bids if the rent agreed to be paid for the lease or the sale price agreed+to be paid for any agricultural commodities to be sold is, in the opinion of the Division, equal+to the amount that would be obtained by advertising for bids.+ 4. If the Division finds that the highest or best bid is less than the amount that should+be paid, the Division may reject all bids and negotiate with interested persons for such lease or+sale, but shall not accept any negotiated price if it is less in amount than the highest bid+tendered for the same lease or sale.+5. Any fee determined pursuant to this section for the term or any portion of the term of a+lease of land for grazing livestock or pasturage rights or to sell or offer for sale agricultural+products on any land under the jurisdiction of the Division of State Parks of the State+Department of Conservation and Natural Resources must be deposited in the Account for+Maintenance of State Parks within the Division of State Parks. The money deposited in+the Account pursuant to this subsection must be accounted for separately for each area under+the jurisdiction of the Division, or if the Administrator of the Division of State Parks has+organized the areas under the jurisdiction of the Division into regions pursuant to NRS+407.065, for each region and must only be used in the area or region in which the money was+collected.-AN ACT relating to state lands; revising certain provisions relating-to the fees for the lease of state land for the grazing of-livestock; requiring certain fees for the grazing of-livestock be deposited in th e Account for Maintenance-of State Parks within the Division of State Parks of the-State Department of Conservation and Natural Resources;-and providing other matters properly relating thereto.-Legislative Counsel’s Digest:- Under existing law, the Admini strator of the Division of State Lands of the 1-State Department of Conservation and Natural Resources is authorized to lease 2-certain land owned by the State of Nevada for certain purposes, including for the 3-purpose of grazing livestock, and sets forth the m anner in which the fee for the 4-lease of land for the grazing of livestock is determined. (NRS 322.010, 322.075) 5-Section 1 of this bill requires that fees for the lease of lands for grazing livestock 6-on any land under the jurisdiction of the Division of State Parks of the Department 7-must be deposited in the Account for Maintenance of State Parks within the 8-Division of State Parks and used in the area or region in which the fee was 9-collected. 10- Existing law creates the Account for Maintenance of State Parks within the 11-Division of State Parks and requires that money deposited in the Account must only 12-be used to repair and maintain state parks, monuments and recreat ional areas. (NRS 13-407.0762) Section 3 of this bill requires that any fee collected for the lease of land 14-owned by the State for grazing livestock on any land under the jurisdiction of the 15-Division of State Parks must be deposited in the Account. 16- Section 2 of this bill makes conforming changes to internal references. 17+Sec. 3. Delete by amendment.- – 2 –--- *AB543*-THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. NRS 322.075 is hereby amended to read as follows: 1- 322.075 Unless the fee for the ter m or any portion of the term 2-of a lease of land for grazing livestock is determined pursuant to 3-NRS 322.060: 4- 1. The fee for the term or any portion of the term of the lease 5-must be based on the fair market value of the interest leased, but 6-must not be less than: 7- (a) The minimum grazing fee determined pursuant to subsection 8-2; or 9- (b) The base value specified in subsection 3, 10- whichever is greater, for each animal unit month leased. 11- 2. To determine the minimum grazing fee for the purposes of 12-subsection 1, the Administrator of the Division of State Lands of the 13-State Department of Conservation and Natural Resources, as ex 14-officio State Land Registrar, shall: 15- (a) For each of the 3 years immediately preceding the year in 16-which the land is leased: 17- (1) Divide the price of beef cattle as set forth in the beef 18-price index for that year by the cost to produce livestock as set forth 19-in the production price index for that year; and 20- (2) Multiply the quotient calculated pursuant to subparagraph 21-(1) by the base value specified in subsection 3 for that year; and 22- (b) Upon determining an amount for each year pursuant to 23-paragraph (a), add each of those amounts and divide the sum by 3. 24- 3. For the purposes of this section, the base value is $1.94 for 25-the period beg inning on July 1, 1997, and ending on December 31, 26-2003. On January 1, 2004, and every 6 years thereafter, the 27-Administrator shall revise the base value to adjust for inflation. 28- 4. Any fee determined pursuant to this section for the term or 29-any portion of the term of a lease of land for grazing livestock on 30-any land under the jurisdiction of the Division of State Parks of 31-the State Department of Conservation and Natural Resources 32-must be deposited in the Account for Maintenance of State Parks 33-within the D ivision of State Parks created by NRS 407.0762. The 34-money deposited in the Account pursuant to this subsection must 35-be accounted for separately for each area under the jurisdiction of 36-the Division, or if the Administrator of the Division of State Parks 37-has organized the areas under the jurisdiction of the Division into 38-regions pursuant to NRS 407.065, for each region and must only 39-be used in the area or region in which the money was collected. 40- 5. As used in this section: 41-- – 3 –--- *AB543*- (a) “Animal unit month” means the amount of forage required to 1-sustain one cow for one month. 2- (b) “Beef price index” means the index that: 3- (1) Indicates the price of beef cattle in this State; and 4- (2) Is calculated by the Administrator from data published 5-annually by the United States Department of Agriculture. 6- (c) “Production price index” means the index that: 7- (1) Indicates the cost to produce livestock, including the 8-costs related to interest, taxes and wages; and 9- (2) Is published annually by the United States Department of 10-Agriculture. 11- Sec. 2. NRS 218E.405 is hereby amended to read as follows: 12- 218E.405 1. Except as o therwise provided in subsection 2, 13-the Interim Finance Committee may exercise the powers conferred 14-upon it by law only when the Legislature is not in a regular or 15-special session. 16- 2. During a regular or special session, the Interim Finance 17-Committee may also perform the duties imposed on it by NRS 18-228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 19-of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, 20-NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 21-341.126, NRS 341.142, paragraph (f) of subsection 1 of N RS 22-341.145, subsection 3 of NRS 349.073, NRS 353.220, 353.224, 23-353.2705 to 353.2771, inclusive, 353.288, 353.335, 353.3375, 24-353C.224, 353C.226, paragraph (b) of subsection [4] 6 of NRS 25-407.0762, NRS 428.375, 433.732, 439.4905, 439.620, 439.630, 26-445B.830, subsection 1 of NRS 445C.320 and NRS 538.650. In 27-performing those duties, the Senate Standing Committee on Finance 28-and the Assembly Standing Committee on Ways and Means may 29-meet separately and transmit the results of their respective votes to 30-the Chair of the Interim Finance Committee to determine the action 31-of the Interim Finance Committee as a whole. 32- 3. The Chair of the Interim Finance Committee may appoint a 33-subcommittee consisting of six members of the Committee to 34-review and make recommendations to t he Committee on matters of 35-the State Public Works Division of the Department of 36-Administration that require prior approval of the Interim Finance 37-Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 38-and paragraph (f) of subsection 1 of NRS 341.14 5. If the Chair 39-appoints such a subcommittee: 40- (a) The Chair shall designate one of the members of the 41-subcommittee to serve as the chair of the subcommittee; 42- (b) The subcommittee shall meet throughout the year at the 43-times and places specified by the cal l of the chair of the 44-subcommittee; and 45-- – 4 –--- *AB543*- (c) The Director or the Director’s designee shall act as the 1-nonvoting recording secretary of the subcommittee. 2- Sec. 3. NRS 407.0762 is hereby amended to read as follows: 3- 407.0762 1. The Account for Maintenance of State Parks 4-within the Division of State Parks is hereby created in the State 5-General Fund. Except as otherwise provided in NRS 407.0765, any 6-amount of fees collected pursuant to paragraphs (d), (e) and (f) of 7-subsection 1 or subsection 2 of NRS 407.065 in a calendar year, 8-which is in excess of the amounts authorized for expenditure from 9-that revenue source in the Division’s budget for the fiscal year 10-beginning in that calendar year, must be deposited in the Account. 11- 2. Any amount of the fees collected pursuant to subsection 4 12-of NRS 322.075 must be deposited in the Account. 13- 3. The interest and income earned on the money in the 14-Account, after deducting any applicable charges, must be credited to 15-the Account. 16- [2.] 4. The money in the Account does not lapse to the State 17-General Fund at the end of any fiscal year. 18- [3.] 5. The money deposited in the Account pursuant to 19-[subsection] subsections 1 and 2 must only be used to repair and 20-maintain state parks, monuments and recreational areas. 21- [4.] 6. Before the Administrator may expend money pursuant 22-to subsection [3:] 5: 23- (a) For emergency repairs and projects with a cost of less than 24-$25,000, the Admini strator must first receive the approval of the 25-Director. 26- (b) For projects with a cost of $25,000 or more, other than 27-emergency repairs, the Administrator must first receive the approval 28-of the Director and of the Interim Finance Committee. 29- Sec. 4. This act becomes effective upon passage and approval. 30--H+Sec. 4. This act becomes effective upon passage and approval.
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