reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › GENERAL PROVISIONS › Section 407A.110 - "Division" defined

Current through June 11, 2024
"Division" has the meaning ascribed to it in
				NRS
				407A.525.
Added to NAC by
				Div. of St. Parks by R123-20, eff. 12/29/2020
NRS
				  407A.605
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › GENERAL PROVISIONS › Section 407A.115 - "Grant Program" defined

Current through June 11, 2024
"Grant Program" has the meaning ascribed to it in
				NRS
				407A.600.
Added to NAC by
				Div. of St. Parks by R123-20, eff. 12/29/2020
NRS
				  407A.605
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › GENERAL PROVISIONS › Section 407A.120 - "Outdoor education and recreation" defined

Current through June 11, 2024
"Outdoor education and recreation" means an approach to
				education and recreation that uses connectivity and direct experiences in the
				outdoors to teach and inspire wonder and creativity while learning from natural
				resources and recreational experiences.
Added to NAC by
				Div. of St. Parks by R123-20, eff. 12/29/2020
NRS 407A.605
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › GENERAL PROVISIONS › Section 407A.125 - "Technical Advisory Committee" defined (Repealed)

Current through June 11, 2024
Added to NAC by
				Div. of St. Parks by R123-20, eff. 12/29/2020;	R
				by
				R060-24A,
				eff. 6/10/2024
NRS 407A.605, 407A.610, as amended by section 1.3 of Assembly
				  Bill No. 164, chapter 77, Statutes of Nevada 2023, at page
				  392
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS › Section 407A.140 - Administration; eligibility to apply; submission of application; authorized and prohibited uses of grant

Current through June 11, 2024
1. The
			 Administrator will administer the Grant Program to provide grants for outdoor
			 environmental, ecological, agricultural or other natural resource-based
			 education and recreation programs for pupils in this State.
2. The following are eligible to apply for a
			 grant from the Grant Program:
(a) Any
			 department, division or agency of the Federal Government, this State or a local
			 government.
(b) A federally
			 recognized Indian tribe.
(c) A
			 private nonprofit organization.
(d)
			 A school district, public school, private school or charter school.
(e) Any community-based program, entity or
			 organization.
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS › Section 407A.145 - Powers of Administrator

Current through June 11, 2024
1. The
			 Administrator may establish limitations on the availability and use of grant
			 money. Any such limitations will be set forth in the applicable application
			 instructions.
2. The Administrator
			 may:
(a) Review and approve or disapprove an
			 application for a grant that requests not more than $7,500 instead of referring
			 the application to the Advisory Board;
(b) Require that any applicant for a grant
			 make a matching contribution to be eligible for the Grant Program; or
(c) Reduce the money provided from that which
			 is requested in a grant application for any element of the grant
			 proposal.
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS › Section 407A.150 - Technical Advisory Committee: Membership; Executive Secretary; terms; Chair and Vice Chair (Repealed)

Current through June 11, 2024
Added to NAC by
				Div. of St. Parks by R123-20, eff. 12/29/2020;	R
				by
				R060-24A,
				eff. 6/10/2024
NRS 407A.605, 407A.610, as amended by section 1.3 of Assembly
				  Bill No. 164, chapter 77, Statutes of Nevada 2023, at page
				  392
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS › Section 407A.155 - Technical Advisory Committee: Evaluation and ranking of grant applications; recommendation of award of grant; provision of information to Administrator

Current through June 11, 2024
When evaluating completed grant applications for each periodic
				solicitation of grant applications, the Advisory Board shall:
1. Consider, without limitation:
(a) The eligibility requirements for a
			 grant;
(b) The requirements and
			 priorities for program selection set forth in NRS 407A.605;
(c) Any limitations set forth by the
			 Administrator pursuant to NAC 407A.145;
(d) The feasibility of the project;
			 and
(e) The estimated costs of the
			 program and benefits to the pupils in this State.
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS › Section 407A.160 - Duties of Administrator

Current through June 11, 2024
The Administrator will:
1. Except as otherwise provided in NAC
			 407A.145, consider the grant applications in the order the applications were
			 ranked by the Advisory Board;
2.
			 Determine whether to award a grant and, if applicable, in what amount the grant
			 should be awarded; and
3. Post on
			 the Internet website of the Division any grants awarded pursuant to this
			 section not later than 5 business days after awarding the grant.
Added to NAC by
				Div. of St. Parks by R123-20, eff. 12/29/2020;	A by
				R060-24A,
				eff. 6/10/2024
NRS 407A.605, 407A.610, as amended by section 1.3 of Assembly
				  Bill No. 164, chapter 77, Statutes of Nevada 2023, at page
				  392
Nevada Administrative Code › Chapter 407A - Outdoor Recreation › OUTDOOR EDUCATION AND RECREATION GRANT PROGRAM FOR PUPILS › Section 407A.165 - Agreement between grant recipient and Division; duties of grant recipient; powers of Division

Current through June 11, 2024
1. For each grant
			 awarded, an agreement must be executed between the grant recipient and the
			 Division.
2. Any costs incurred
			 before an agreement is executed pursuant to subsection 1 must not be paid by
			 the grant award unless otherwise approved by the Administrator.
3. Each grant recipient must:
(a) Submit a report to the Division as
			 directed in the agreement executed pursuant to subsection 1;
(b) Certify compliance with all applicable
			 federal and state laws and regulations; and
(c) Maintain accurate accounting records on
			 the expenditure of the grant money received pursuant to NAC
			 407A.140 to
			 407A.165, inclusive, and provide
			 such records to the Division in accordance with any terms set forth in the
			 agreement executed pursuant to subsection 1 or at the request of the
			 Division.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.010 - Definitions

Current through June 11, 2024
As used in NAC to 408.557, inclusive, unless the context
				  otherwise requires, the words and terms defined in NAC 408.013 to 408.290,
				  inclusive, have the meanings ascribed to them in those sections.
Supplied in
				  codification; A by Dep't of Transportation, eff. 1-6-95; R082-01,
				  11-1-2001
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.013 - "Authorization" defined

Current through June 11, 2024
"Authorization" means any written authority granted by the
				  Department to a utility to begin any phase of a project.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.015 - "Backfill" defined

Current through June 11, 2024
"Backfill" means the material used to replace or the act of
				  replacing material:
1. During
				construction; or
2. Adjacent to a
				structure or around and over a pipe or conduit.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.033 - "Betterment" defined

Current through June 11, 2024
"Betterment" means any improvement of a utility's facility
				  being adjusted or relocated which is not attributable to the project of the
				  Department and is made primarily for the benefit and at the election of the
				  utility or owner.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.055 - "Casing" defined

Current through June 11, 2024
"Casing" means a pipe enclosing a carrier.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.057 - "Clear zone" defined

Current through June 11, 2024
"Clear zone" means the area of a roadside within the
				  right-of-way of the highway which must be kept clear of obstructions which are
				  above the ground or mounted on the ground to allow a person to regain control
				  of a motor vehicle after it leaves the highway because the person has lost
				  control of the motor vehicle.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95; A by R135-98,
				  10-3-2000
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.070 - "Conduit" defined

Current through June 11, 2024
"Conduit" means an enclosed tubular runway for protecting
				  wires or cables.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77-NAC A by Dep't of
				  Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.083 - "Cost of relocation" defined

Current through June 11, 2024
"Cost of relocation" has the meaning ascribed to it in
				  NRS
				  408.407.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.087 - "Cost of removal" defined

Current through June 11, 2024
"Cost of removal" means the money spent to remove a
				  facility, including the cost of demolishing, dismantling, removing,
				  transporting or otherwise disposing of the facility and of cleaning the site so
				  as to leave it in a safe, neat, clean and presentable condition.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95; A by R135-98,
				  10-3-2000
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.097 - "Direct costs" defined

Current through June 11, 2024
"Direct costs" means those costs which are readily
				  identifiable with a specific job or work order, including wages, materials and
				  equipment.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.103 - "District engineer" defined

Current through June 11, 2024
"District engineer" has the meaning ascribed to it in NAC
				  408.708.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.117 - "Encroachment" defined

Current through June 11, 2024
"Encroachment" has the meaning ascribed to it in
				  NRS
				  408.050.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.123 - "Facility" defined

Current through June 11, 2024
"Facility" means any property or improvement to the property
				  of a utility which is used to supply telegraph, telephone, electric power and
				  light, gas, water, sewer or any other service to members of the public.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.145 - "Freeway" defined

Current through June 11, 2024
"Freeway" has the meaning ascribed to it in
				  NRS
				  408.060.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.175 - "Highway" defined

Current through June 11, 2024
"Highway" has the meaning ascribed to it in
				  NRS
				  408.070.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.177 - "Indirect costs" defined

Current through June 11, 2024
"Indirect costs" means those costs which are not readily
				  identifiable with a specific job or work order, including indirect labor,
				  social security taxes, insurance, store's expenses and general expenses for the
				  maintenance of the office and support services.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.180 - "Intersection" defined

Current through June 11, 2024
"Intersection" means the crossing of two highways either at
				  a grade or in conjunction with an interchange.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.190 - "Median" defined

Current through June 11, 2024
"Median" means the portion of a divided highway separating
				  the traveled ways for traffic moving in opposite directions.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.200 - "Occupancy permit" defined

Current through June 11, 2024
"Occupancy permit" means an agreement in which the director,
				  pursuant to
				  NRS
				  408.423, authorizes and approves the use by a
				  utility of a specified portion of a highway or right-of-way.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.215 - "Pipe" defined

Current through June 11, 2024
"Pipe" means a tubular product made as a production item for
				  sale as such. Cylinders formed from plate in the course of the fabrication of
				  auxiliary equipment are not pipe.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.217 - "Project" defined

Current through June 11, 2024
"Project" means any construction or reconstruction of an
				  improvement which is completed pursuant to the authorization of the
				  Department.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.220 - "Reconstruction" defined

Current through June 11, 2024
"Reconstruction" means the construction of a highway or of
				  its parts to a degree that new or substantially improved traffic service is
				  provided and significant geometric or structural improvements are made.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.223 - "Relocation" defined

Current through June 11, 2024
"Relocation" means the adjustment of a utility's facility to
				  accommodate a project of the Department. The term includes:
1. The removal and reinstallation of the
				facility, including any necessary temporary facilities;
2. The purchase of any necessary right-of-way
				for the new location;
3. The
				moving, rearranging or changing of an existing facility, including the taking
				of any necessary safety and protective measures; and
4. The construction of the most economical
				replacement facility which is equal in utility to the existing facility and
				necessary for the continuous operation of the utility, the containment of the
				costs of a project or the sequence of the construction of the project by the
				Department.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.225 - "Right-of-way" defined

Current through June 11, 2024
"Right-of-way" has the meaning ascribed to it in
				  NRS
				  408.080.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.240 - "Roadside" defined

Current through June 11, 2024
"Roadside" means:
1. The area adjoining the outer edge of the
				roadway; or
2. The extensive area
				between the roadways of a divided highway.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.245 - "Roadway" defined

Current through June 11, 2024
"Roadway" means the portion of a highway for vehicular use,
				  including the shoulders and the portion of the highway within the limits of any
				  construction.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.247 - "Salvage value" defined

Current through June 11, 2024
"Salvage value" means:
1. The money received from the sale of the
				property of a utility because of and at the expense of a project; or
2. The value of the recovered material which
				is charged to the account of the utility if the material is retained for reuse
				or recycling.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95; A by R135-98,
				  10-3-2000
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.250 - "Shoulder" defined

Current through June 11, 2024
"Shoulder" means the portion of the roadway contiguous with
				  the traveled way for the accommodation of stopped vehicles, emergency use and
				  the lateral support of the base and surface.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.265 - "Traveled way" defined

Current through June 11, 2024
"Traveled way" means the portion of the roadway for the
				  movement of vehicles, exclusive of the shoulders and auxiliary lanes.
Dep't of Highways,
				  Utility Policy Manual part Ch. 3, eff. 3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Provisions › Section 408.290 - "Utility" defined

Current through June 11, 2024
"Utility" has the meaning ascribed to it in
				  NRS
				  408.407.
Dep't of Highways,
				  Utility Policy Manual Ch. 2 part § I, eff.
				  3-19-77
NRS
					 408.215
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.303 - Date for eligibility for reimbursement

Current through June 11, 2024
The date of an authorization establishes the date on and
				  after which a utility becomes eligible for reimbursement of the costs incurred
				  pursuant to the authorized phase of the work described in the
				  authorization.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.307 - Conditions for use of money received from State or Federal Government

Current through June 11, 2024
1. Money which is received from the State or
				Federal Government for projects and administered by the Department may be used
				to reimburse a utility for the costs of relocating its facility, including any
				preliminary engineering services required by the Department's project, if:
(a) The utility has a right of occupancy in
				its existing location because it holds the fee, an easement or any other
				interest in real property which is compensable under eminent domain;
(b) The utility occupies publicly owned lands
				which have not or will not be purchased by the Department, including public
				roads or street rights-of-way, pursuant to an agreement with a city, county or
				state agency if money is available for relocation;
(c) The utility is owned by a public agency
				or political subdivision of the State and occupies publicly owned land,
				including public roads and street rights-of-way, and is not required by state
				law or agreement to relocate at its expense if the facility is not located
				pursuant to provisions of
				NRS
				408.423;
(d) The utility occupies private property and
				has a prescriptive easement for that property;
(e) The utility occupies private property
				with the knowledge and consent of the owner of the property pursuant to a
				license or other form of consent;
(f) For a project of a local government
				administered by the Department for highways which is not owned or maintained by
				the Department, any available federal money may be used for the cost of
				relocation occupying local streets and roads pursuant to a franchise agreement
				or any other agreement between a local government and the utility if:
(1) The agreement specifically provides for
				appropriate pro rata participation by any available federal money;
				and
(2) The utility furnishes to
				the Department a copy of its agreement for reimbursement; or
(g) The utility occupies a
				right-of-way for a state highway and the occupancy was established pursuant to
				NRS, a franchise agreement or other agreement before the highway became a state
				highway.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.309 - Reimbursement for facility in place when highway became state highway

Current through June 11, 2024
1. A utility may be reimbursed for the costs
				of relocation if the facility was in place when the highway became a state
				highway. The reimbursement must include the costs related to any subsequent
				relocation of the facility.
2. The
				costs related to any addition or betterment to the facility are not eligible
				for reimbursement.
3. A claim for
				reimbursement must include a statement signed by an officer of the utility
				under penalty of perjury that the information set forth in the claim is
				accurate and complete and:
(a) Proof that the
				facility was in place on or before the date the highway became a state highway;
				or
(b) Proof that the facility was
				located pursuant to the provisions of NRS, a franchise agreement or other
				agreement with the appropriate city or county before the highway became a state
				highway and a copy of that agreement.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.311 - Restrictions on use of money received from State or Federal Government

Current through June 11, 2024
Money received from this state or the Federal Government and
				  administered by the Department may not be used to reimburse a utility for the
				  costs of relocation if the utility occupies:
1. A highway or right-of-way for a highway
				granted pursuant to an occupancy permit;
2. An encroachment licensed pursuant to
				NRS
				408.210;
3. A highway, street or road pursuant to a
				franchise agreement or any other agreement with a local government which
				requires the utility to relocate because a project is funded solely with money
				received from this state; or
4. A
				highway, street or road pursuant to a franchise agreement or any other
				agreement with a local government and the local government requires the utility
				to relocate its facility at the expense of the utility even though a portion of
				the project is administered by the Department.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95; A by R135-98,
				  10-3-2000
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.313 - Installation of facility to accommodate project of Department

Current through June 11, 2024
1. If the installation of a utility's
				facility which crosses or otherwise occupies the proposed right-of-way of a
				project of the Department has begun or is scheduled to begin before the
				right-of-way is purchased or controlled by the Department, each utility shall,
				if possible, install the facility to accommodate the schedule of the project in
				order to prevent additional adjustment or relocation of the facility.
2. Money which is received from the State or
				Federal Government for projects and administered by the Department may be used
				for any additional costs incurred by the utility if the costs are:
(a) Solely attributable to, and in
				accommodation of, the project; and
(b) Incurred after the utility received
				authorization from the Department for the additional work.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.317 - Engineering activities relating to relocation of facility eligible for reimbursement

Current through June 11, 2024
1. Preliminary
				engineering activities relating to the relocation of a utility's facility which
				is eligible for reimbursement may be carried out by:
(a) The engineers of the utility;
(b) An engineering consultant chosen by the
				utility, pursuant to a written contract administered by the utility, if the
				utility obtains the prior written approval of the Department;
(c) An engineering consultant, chosen by the
				Department, at the request of and in consultation with the utility, if the
				Department administers the contract; or
(d) The Department, if the utility requests
				the Department to perform the engineering activities and the Department
				determines that it can adequately perform the work.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.319 - Reimbursement for costs relating to purchase of replacement right-of-way

Current through June 11, 2024
1. Except as otherwise provided in this
				subsection, money which is received from the State or Federal Government for
				projects and administered by the Department may be used to reimburse a utility
				for the costs to purchase a replacement right-of-way for the relocation of its
				facility if:
(a) The utility has a right of
				occupancy in its existing location which entitles it to receive reimbursement
				from the Department for its cost of relocation; and
(b) The purchase of the right-of-way is
				required to accommodate a facility which must be relocated because of a highway
				project.
The money must not be used for reimbursement if there is a
				  charge to the project for that portion of the utility's existing right-of-way
				  which will be transferred to the Department for establishing a highway.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.321 - Compensation for facility taken out of service

Current through June 11, 2024
If a utility's facility is located on a project of the
				  Department, and it is not necessary to adjust or replace the facility on the
				  project because the facility will be taken out of service, any taking of or
				  damage to that facility, including the disposal or removal of that facility
				  from the project, may be compensated with money which is received from the
				  State or Federal Government for the projects and administered by the
				  Department. The loss of the remaining use of the facility or future revenue
				  because of the retirement of the utility's facility is not compensable.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.323 - Completion of relocation of facility

Current through June 11, 2024
The relocation of the utility's facility must be
				  completed:
1. By the employees of the
				utility;
2. Pursuant to a contract
				administered by the utility;
3.
				Pursuant to a contract administered by the Department; or
4. Any combination of subsections 1, 2 and
				3.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.327 - Agreement for reimbursement: Contents

Current through June 11, 2024
1. If a utility is
				entitled to reimbursement for the relocation of a facility on a project of the
				Department, the utility and the Department shall enter into a written agreement
				concerning the relocation of that facility.
2. The written agreement must:
(a) Describe the project which requires the
				relocation of the utility;
(b)
				Designate the method which will be used to carry out the relocation of the
				facility;
(c) Describe the method
				which will be used to determine the cost of relocation;
(d) Describe any improvements which the
				utility will make to the facility, including any voluntary betterments which
				are not required by the project and any extensions of the utility's facility
				proposed by the utility;
(e)
				Include plans and specifications of the proposed relocation of the facility, if
				required;
(f) Include an itemized
				estimate of the cost of relocation; and
(g) Include a schedule for the completion of
				the relocation of the facility.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.329 - Determination of cost of relocation

Current through June 11, 2024
1. The method used
				to determine the cost of relocation must:
(a)
				Be approved by the Department; and
(b) Ensure accurate and complete billings of
				the reimbursable costs of relocation.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.331 - Separate identification of work in written agreement for reimbursement: Requirements; exception

Current through June 11, 2024
1. If the written
				agreement required by NAC 408.327 includes provisions for:
(a) The relocation of an existing facility of
				a utility which is not eligible for reimbursement; or
(b) An extension of a utility's facility
				which is not required by a project of the Department,
the work must be clearly and separately identified in the
				  agreement. The agreement must include an estimate of the cost of the work and
				  clearly indicate that the work will be completed at the utility's
				  expense.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.333 - Plans for relocation of facility

Current through June 11, 2024
The plans required by paragraph (e) of subsection 2 of NAC
				  408.327 must:
1. Be sufficiently
				detailed and complete to enable the Department to analyze the proposed
				work;
2. Indicate the location,
				length, size, type, class and relevant operating conditions and features of
				design of each existing facility or proposed temporary or permanent facility,
				including any proposed changes, adjustments, relocations, removals and
				abandonments and all appropriate nomenclatures, symbols, legends, notes,
				color-codings and other identifications used in the plans;
3. Indicate the project, scale of the plan
				and the date the plan was prepared, horizontal and, if appropriate, vertical
				location of the existing, proposed or temporary facility concerning the
				alignment of the project, geometric features, right-of-way, stationing, grades,
				structures and other facilities and, if applicable, access control
				lines;
4. Indicate the limits of
				the right-of-way to be purchased from, by or on behalf of the utility, if
				applicable;
5. Indicate by symbols
				or notes any work which will be performed solely at the utility's expense;
				and
6. Indicate each facility to be
				adjusted, even if reimbursement is not claimed for the facility.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.337 - Itemized estimate of cost of relocation of facility: Contents

Current through June 11, 2024
1. The itemized estimate described in
				paragraph (f) of subsection 2 of NAC 408.327 must:
(a) Include the estimated costs of:
(1) Labor;
(2) Construction overhead;
(3) Materials;
(4) Supplies;
(5) Handling charges;
(6) Transportation;
(7) Equipment;
(8) Rights-of-way; and
(9) Preliminary and construction
				engineering.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.339 - Maintenance of records and accounts of relocation or adjustment of facility

Current through June 11, 2024
A utility shall:
1.
				Maintain its records and accounts of the relocation or adjustment of the
				facility for at least 3 years after it receives the final payment for its
				reimbursable costs of relocation from the Department; and
2. Make those records available, upon
				request, for inspection or audit by representatives of the Department or the
				Federal Highway Administration.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.341 - Authorization required before beginning work specified in agreement for reimbursement

Current through June 11, 2024
1. A utility shall
				not begin any work specified in the agreement described in NAC 408.327 unless
				it has:
(a) Received authorization from the
				Department to begin work; and
(b)
				Notified the Department of the scheduled date for beginning that
				work.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.343 - Authorization of Department for adjustment of facility

Current through June 11, 2024
1. The Department will, for a project
				relating to the adjustments of a facility, provide the utility with specific
				authorization for each phase of the project. The Department may authorize:
(a) Preliminary engineering services,
				including examinations at the site of the project and the preparation of plans,
				estimates and proof of reimbursable costs; and
(b) The utility to begin the adjustment or
				relocation if a written agreement has been entered into between the Department
				and the utility.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.347 - Use of employees of utility or contractor for adjustment or relocation of facility

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, a utility shall use its employees and
				equipment to construct the adjustments or relocation of its facility.
2. If the utility is not able to perform the
				work with its employees or equipment at a time which is convenient to and in
				coordination with the project, the work may be done:
(a) By the lowest qualified bidder pursuant
				to a contract awarded by the Department, if requested by the utility, or a
				contract awarded by the utility;
(b) As part of the project administered by
				the Department pursuant to an agreement between the utility and the Department;
				or
(c) By a contractor pursuant to
				a written contract between the utility and the contractor if the utility
				demonstrates to the Department that it regularly uses that contractor for its
				work.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.349 - Methods of developing and recording costs of relocation; lump-sum payments for relocation

Current through June 11, 2024
1. The utility
				shall record its cost of relocation pursuant to a system for work orders
				approved by the Department unless another method of developing and recording
				costs is approved by the Department.
2. Except for work done pursuant to a
				contract, the individual and total cost of relocation must be recorded in the
				utility's accounts. The Department may inspect those accounts to verify that
				the costs billed by the utility are adequately supported by the utility's
				financial records in accordance with the approved method for developing those
				costs.
3. If the reimbursable cost
				of relocation is paid in a lump sum pursuant to an agreement between the
				utility and the Department, the lump sum must not exceed the maximum amount
				eligible for reimbursement by the Department or Federal Highway
				Administration.
4. The utility
				shall cooperate with the inspector assigned by the Department to the site of
				the utility's relocation to ensure that accurate and complete documentation of
				the costs of labor, materials and equipment are recorded.
5. The utility's system for work orders or
				other accounting procedure must indicate:
(a)
				The nature of each addition to or retirement from a facility;
(b) The total costs of the facility;
				and
(c) The source of those
				costs.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.351 - Salaries, wages and expenses related to relocation

Current through June 11, 2024
1. The salaries and wages and any related
				expenses paid by the utility for work performed on the project are
				reimbursable, including labor for:
(a)
				Preliminary engineering services;
(b) Construction engineering;
(c) The purchase of the right-of-way;
				and
(d) The relocation of the
				facility.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.353 - Indirect costs: Distribution and allocation

Current through June 11, 2024
The distribution and allocation of indirect costs must be
				  made on a uniform basis which is reasonable, equitable and in accordance with
				  generally accepted practices of cost accounting.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.357 - Indirect costs: Eligibility for reimbursement

Current through June 11, 2024
1.
				Indirect costs which are not charged directly to accounts for work orders or
				construction accounts may be eligible for reimbursement if they are allocated
				equitably to the direct costs of relocation or adjustment. All indirect costs
				billed by the utility are eligible for reimbursement by the Department or
				Federal Highway Administration if the costs incurred by the utility are
				reasonable.
2. The records for
				indirect costs billed to the Department must:
(a) Indicate the total amount, rate and basis
				for allocation for each additional expense; and
(b) Be maintained and available for
				inspection by the Department or Federal Government for 3 years after the
				Department makes the final payment for the relocation or adjustment.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.359 - Labor surcharges reimbursable; bases for determination of reimbursement

Current through June 11, 2024
1. Labor
				surcharges, including charges for industrial insurance, insurance for liability
				and damage to property and benefits for employees of the utility are
				compensable.
2. The Department will
				reimburse labor surcharges based on the:
(a)
				Cost to the utility; or
(b) Average
				rates which are representative of actual costs, subject to prior approval of
				the Federal Highway Administration. Average rates must be adjusted at least
				annually to reflect known anticipated changes and to correct for any variance
				of the applied costs for the preceding period.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.361 - Materials and supplies: Cost of rehabilitation of facility reimbursable

Current through June 11, 2024
1. The costs of materials and supplies are
				reimbursable. Materials and supplies must be furnished from the utility's
				stock, if available, except that they may be obtained from other sources near
				the project if they are available at a lower cost.
2. If the materials and supplies are not
				available from the utility's stock, they may be purchased pursuant to
				competitive bids or existing continuing contracts. Small quantities of
				materials and supplies and proprietary products used in the utility's operation
				which are necessary for the maintenance of the system's compatibility may be
				excluded from the requirements of this section.
3. The Department will not require a utility
				to reduce its standards for materials used for permanent changes to a facility
				which are required by a project of the Department.
4. Materials and supplies which are:
(a) Furnished from the utility's stock must
				be billed at the prices for which they were purchased.
(b) Not furnished from the utility's stock
				must be billed according to the cost charged to the utility, including delivery
				to the site of the adjustment or relocation.