Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 36 - NEW

Current through June 11, 2024
1. In addition to the requirements of section
		  35, the agreement between the Department and a grant recipient must:
(a) Require the grant recipient to provide a
		  matching contribution of not less than 10 percent of the total cost of the
		  project for which the grant is awarded.
(b) Provide a plan for the operation and
		  maintenance of the project for a period of not less than 20 years after the
		  date on which the project is completed.
(c) Require the grant recipient to agree to:
(1) Provide the State with the necessary
		  interest in any property not held by the State or a local government that is
		  deemed by the Director to be necessary for the project;
(2) Include any nonrevocable deed
		  restrictions and appropriate reversionary clauses as appropriate in the
		  determination of the Director to:
(I) Ensure
		  that the land, water or other property acquired to preserve or protect the
		  natural, historic or cultural resources of this State is maintained in a manner
		  that is consistent with the purposes of the Program; and
(II) If the grant recipient is a local
		  government or nonprofit organization and the project involves the acquisition
		  of an interest in land or water rights, secure the interests of the State in
		  the land or water rights;
(3) Include a stewardship statement that
		  addresses the maintenance, monitoring and enforcement of weed control, dust
		  control and other related issues; and
(4) The requirements set forth in section
		  37.
(d) Require the grant
		  recipient to obtain any easements for conservation or other interests in land
		  or water rights in perpetuity as determined by the Director to be necessary to
		  carry out the project.
(e) If the
		  project includes the acquisition of an interest in land or water rights on
		  behalf of the State, acknowledge that any interest in land or water rights
		  acquired by the grant recipient must be acquired and held by the Division of
		  State Lands of the Department pursuant to chapter 321 of NRS.
(f) Prohibit the acquisition of any interest
		  in land or water rights for a project by the grant recipient by condemnation or
		  the power of eminent domain.
(g)
		  Require the grant recipient to maintain an accurate accounting of all
		  expenditures of the grant and allow the Department to require an independent
		  audit or review the accounting upon request.
(h) Provide the Department with:
(1) Expense reports with supporting materials
		  on a quarterly basis, which must include, without limitation, receipts and
		  invoices.
(2) Quarterly project
		  reports and updates on or before each January 31, April 30, July 31 and October
		  31 during the duration of the project which provides updates on the project
		  schedule and summarizes the actions taken since the previous report and details
		  the expenditures of the project. The report must be in the form prescribed by
		  the Department and include, without limitation, photographs, receipts, invoices
		  and any other project documents agreed upon by the Department and grant
		  recipient.
(i) Provide
		  the Department with a schedule for the implementation of the grant in which,
		  except as otherwise provided in subsection 2, 85 percent of the grant will be
		  spent not later than 3 years after the date on which the general obligation
		  bonds for the grant are issued.
(j)
		  Set forth a date of completion for the project.
(k) Provide that the Director may revoke a
		  grant if the grant has not been spent in accordance with the schedule for
		  implementation.
(l) Except as
		  otherwise provided in section 37, provide that any land or water or interest in
		  land or water that is acquired for public access must remain open to the public
		  in perpetuity.
(m) Authorize visits
		  to the site of the project by the Department for the lifetime of the
		  project.
(n) Provide that the grant
		  recipient agrees to the implementation of the remedies set forth in section 38
		  and any other remedy set forth in the agreement in the case of a violation of
		  the requirements of the Program or a provision of the agreement.
(o) Include any additional conditions the
		  Director determines are necessary to carry out the purposes of the
		  Program.