reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › OFFICE OF ECONOMIC DEVELOPMENT › Catalyst Account › Section 231.450 - Grounds for determination sponsoring municipality not in compliance with agreement; authority of Executive Director to refuse to make grant or loan; written notice of noncompliance; cure of noncompliance; voiding of agreement if no cure

Current through June 11, 2024
1. The Executive
						Director may find that a sponsoring municipality has not complied with the
						agreement entered into by the Office and the sponsoring municipality pursuant to
						NAC 231.435 and refuse to make a grant or loan of money from the Catalyst Account
						to a sponsoring municipality if the Executive Director:
(a) Receives information from an investigation
						conducted by a sponsoring municipality pursuant to section 30 of this regulation,
						or otherwise has good cause to believe, that the business receiving a Catalyst
						Account disbursement has provided false information or has failed to create the
						number of new primary jobs required by the agreement entered into by the Office
						and the sponsoring municipality pursuant to NAC 231.435;
(b) Finds that the business has applied for or
						received a tax abatement or incentive, other than a tax abatement provided
						pursuant to
						NRS
						361.4722 or money derived from the Catalyst
						Account disbursement, from an agency or political subdivision of this State and
						that the tax abatement or incentive was not identified on the application for a
						Catalyst Account disbursement submitted to the Office by the sponsoring
						municipality pursuant to NAC 231.430; or
(c) Finds that the business receiving a
						Catalyst Account disbursement has been convicted of a crime in this State or any
						jurisdiction.
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.500 - Definitions

Current through June 11, 2024
As used in NAC 231.500 to 231.550, inclusive, unless the context
						otherwise requires, the words and terms defined in NAC 231.505 to 231.520,
						inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Comm'n on
						Tourism by R190-07, eff. 4-17-2008
§ 13 of ch. 345, Stats.
							2007
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.505 - "Air carrier" defined

Current through June 11, 2024
"Air carrier" means a person that provides commercial air
						transportation to passengers.
Added to NAC by Comm'n on
						Tourism by R190-07, eff. 4-17-2008
§ 13 of ch. 345, Stats.
							2007
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.510 - "Commission" defined

Current through June 11, 2024
"Commission" means the Commission on Tourism.
Added to NAC by Comm'n on
						Tourism by R190-07, eff. 4-17-2008
§ 13 of ch. 345, Stats.
							2007
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.515 - "Director" defined

Current through June 11, 2024
"Director" means the Director of the Commission.
Added to NAC by Comm'n on
						Tourism by R190-07, eff. 4-17-2008
§ 13 of ch. 345, Stats.
							2007
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.520 - "Grant" defined

Current through June 11, 2024
"Grant" means an amount of money awarded to a small airport
						pursuant to NAC 231.500 to 231.550, inclusive, from money appropriated to the
						Commission for that purpose pursuant to section 13 of chapter 345, Statutes of
						Nevada 2007.
Added to NAC by Comm'n on
						Tourism by R190-07, eff. 4-17-2008
§ 13 of ch. 345, Stats.
							2007
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.525 - Application for grant: Form and contents; presentation; review; approval or disapproval; responsibilities of applicant

Current through June 11, 2024
1. To receive a
					grant, a local government applying for a grant for an airport within the
					jurisdiction of the local government must comply with the criteria and guidelines
					established by the Commission and apply using a form prescribed by the
					Commission.
2. The application must
					include, without limitation:
(a) A reasonable
					business plan for using the grant, if the application is approved, which includes
					reasonable cost estimates;
(b) A
					commitment from an air carrier and the airport which indicates that, if the grant
					is awarded to the local government, the air carrier and the airport will enter
					into a written operating agreement with the local government requiring the air
					carrier to commence or continue air service to the airport;
(c) The cost and terms of the operating
					agreement between the local government, the airport and the air
					carrier;
(d) The amount of the
					contribution and the manner in which the contribution from the airport or the
					local government will be paid pursuant to NAC 231.535; and
(e) The amount of the grant for which the local
					government is applying.
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.530 - Eligibility for grant

Current through June 11, 2024
1. To be eligible for
					a grant, an airport within the jurisdiction of a local government applying for a
					grant:
(a) Must be a commercial service airport
					that does not have more passenger boardings on an annual basis than a small hub
					airport;
(b) Must be certified by the
					Federal Aviation Administration pursuant to 14 C.F.R. Part 139;
(c) Must be located more than 150 miles from a
					medium hub airport or a large hub airport; and
(d) Must demonstrate to the Commission, through
					the applicant, that air carriers charge unreasonably high fares to service the
					airport or provide insufficient service to the airport.
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.535 - Use of grant; contribution by airport or recipient of grant

Current through June 11, 2024
1. A grant may only be used to:
(a) Guarantee that an air carrier will receive
					an agreed amount of revenue for each flight that the air carrier operates in or
					out of the airport; or
(b) Guarantee
					an amount of profit for an air carrier that is established by an agreement
					between the air carrier and the airport.
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.540 - Agreement with Commission

Current through June 11, 2024
1. If the Commission
					approves an application for a grant, the recipient of the grant must enter into
					an agreement with the Commission. The agreement must specify:
(a) The amount of the grant;
(b) The proper use of the money obtained from
					the grant;
(c) The date on which the
					Commission approved the grant;
(d)
					The specific indicators of performance by which the Commission and the recipient
					of the grant will measure the progress of the project;
(e) A requirement that the recipient of the
					grant report to the Commission on a quarterly basis and that the report include a
					statement setting forth:
(1) The specific
					indicators of performance specified in paragraph (d);
(2) The projected estimates of costs;
					and
(3) The amount of money the
					recipient expects to draw from the grant and the dates on which the recipient
					expects to draw money from the grant;
(f) The right of the Commission or its designee
					to review any document which the Commission or its designee determines is
					necessary for the appropriate fiscal oversight of the project; and
(g) The date on which the grant will
					expire.
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.545 - Disbursement of money from grant

Current through June 11, 2024
1. The Director may
					not disburse any money from a grant until:
(a)
					The recipient of a grant and a representative of the Commission have signed the
					agreement required pursuant to NAC 231.540; and
(b) The Director has received a request to draw
					money from the grant from the recipient of the grant pursuant to subsection
					2.
Nevada Administrative Code › Chapter 231 - Economic Development and Tourism › GRANTS FOR REGIONAL COMMERCIAL AIR SERVICE › Section 231.550 - Failure to comply with agreement

Current through June 11, 2024
In addition to any money required to be repaid pursuant to NAC
						231.545, if the Commission finds that the recipient of a grant is not using money
						from the grant in accordance with the provisions of the agreement entered into
						pursuant to NAC 231.540, the Commission will immediately cease providing the
						recipient with money from the grant and may determine that the agreement is void.
						If the Commission finds that money from the grant is not used in accordance with
						the agreement, the Commission may require the repayment of the grant or any
						portion of the grant.
Added to NAC by Comm'n on
						Tourism by R190-07, eff. 4-17-2008
§ 13 of ch. 345, Stats.
							2007
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.Sec. 2 - NEW

Current through June 11, 2024
1. In addition to the circumstances described
		  in NRS
		  231A.250, as amended by section 19 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3363, the
		  Department shall recapture, from the entity that claimed the credit on a
		  return, the amount of the tax credit allowed under chapter 231A of NRS pursuant
		  to subsection 2 if the credit was claimed for an impact qualified equity
		  investment that was made in an impact qualified community development entity
		  that ceases to qualify as an impact qualified community development entity
		  before the last credit allowance date for the investment.
2. Any recapture made pursuant to subsection
		  1 must be proportionate to the amount of the impact qualified equity investment
		  made after the entity ceases to qualify as an impact qualified community
		  development entity.
Added
			 to NAC by Dep't of Business & Industry by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150,
				231A.250, as amended by section
				19 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at page
				3363
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.Sec. 3 - NEW

Current through June 11, 2024
1. For the purpose of making a qualified
		  low-income community investment, a qualified community development entity or an
		  impact qualified community development entity may:
(a) Directly make a capital or equity
		  investment in or issue a loan to a qualified active low-income community
		  business or an impact qualified active low-income community business, as
		  applicable; or
(b) Make such an
		  investment or issue such a loan indirectly through one or more special purpose
		  entities.
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.010 - Exercise or performance of duties and responsibilities assigned to Director and Department

Current through June 11, 2024
1. Any authority
		  granted to the Director and any duty or responsibility assigned to the Director
		  by any provision of this chapter or chapter 231A of NRS, including, without
		  limitation, pursuant to subsection 2, may be exercised or performed by any
		  employee of the Department who is designated by the Director for that
		  purpose.
2. Any authority granted
		  to the Department and any duty or responsibility assigned to the Department by
		  any provision of this chapter or chapter 231A of NRS may be exercised or
		  performed by the Director.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff.
			 6-23-2014
NRS 231A.150,
				232.520
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.020 - Application for designation as qualified equity investment: Required provisions

Current through June 11, 2024
In addition to the requirements set forth in subsection 1 of
			 NRS
			 231A.230, as amended by section 16 of Senate
			 Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, an
			 application submitted pursuant to that subsection must:
1. Be in writing;
2. Be made on a form provided for that
		  purpose by the Department;
3.
		  Include, with regard to the qualified community development entity or impact
		  qualified community development entity which is submitting the application:
(a) The name of the qualified community
		  development entity or impact qualified community development entity;
(b) Any name under which the qualified
		  community development entity or impact qualified community development entity
		  does or expects to do business;
(c)
		  The federal employer identification number of the qualified community
		  development entity or impact qualified community development entity;
(d) The state in which the qualified
		  community development entity or impact qualified community development entity
		  is incorporated or otherwise organized, if applicable;
(e) The date upon which the qualified
		  community development entity or impact qualified community development entity
		  was incorporated or otherwise organized, if applicable;
(f) The mailing address of the qualified
		  community development entity or impact qualified community development
		  entity;
(g) The county in which the
		  mailing address of the qualified community development entity or impact
		  qualified community development entity is located;
(h) The physical address of the qualified
		  community development entity or impact qualified community development
		  entity;
(i) Every telephone number,
		  facsimile number, electronic mail address and Internet address of the qualified
		  community development entity or impact qualified community development entity;
		  and
(j) The name and title of the
		  natural person who is the primary contact for the qualified community
		  development entity or impact qualified community development entity;
		  and
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.030 - Notice to Department of change of names of entities eligible to use tax credits

Current through June 11, 2024
For the purposes of subsection 3 of
			 NRS
			 231A.230, as amended by section 16 of Senate
			 Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, if the names
			 of the entities that are eligible to use the tax credits change as the result
			 of a transfer of a qualified equity investment or impact qualified equity
			 investment or an allocation pursuant to
			 NRS
			 231A.210, the qualified community development
			 entity or impact qualified community development entity, as applicable, shall
			 notify the Department of the change not later than 30 days after the date of
			 the transfer or allocation, as applicable.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff. 6-23-2014; A by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150,
				231A.230, as amended by section
				16 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at page
				3360
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.040 - Additional information to be provided to Department with evidence of receipt of cash investment

Current through June 11, 2024
A qualified community development entity, impact qualified
			 community development entity or transferee pursuant to subsection 7 of
			 NRS
			 231A.230, as amended by section 16 of Senate
			 Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, which
			 provides to the Department, in accordance with subsection 8 of
			 NRS
			 231A.230, as amended by section 16 of Senate
			 Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, evidence of
			 the receipt of a cash investment must include with the evidence provided to the
			 Department:
1. Identifying information
		  for any entity which will use the tax credits earned as a result of the
		  issuance of the qualified equity investment or impact qualified equity
		  investment, including, without limitation, any information previously submitted
		  in accordance with paragraph (d) of subsection 1 of
		  NRS
		  231A.230, as amended by section 16 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360;
2. Notification of any change to the names of
		  the entities which are eligible to use the tax credits as required pursuant to
		  subsection 3 of NRS
		  231A.230, as amended by section 16 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, and NAC
		  231A.030; and
3. Any other information required by the
		  Department.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff. 6-23-2014; A by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150,
				231A.230, as amended by section
				16 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at page
				3360
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.050 - Approval required to accept qualified low-income community investments from more than one qualified community development entity

Current through June 11, 2024
1. A qualified active low-income community
		  business or impact qualified active low-income community business shall not
		  accept qualified low-income community investments from more than one qualified
		  community development entity or impact qualified community development entity,
		  as applicable, unless the business first obtains approval from the
		  Department.
2. To request approval
		  from the Department for the purposes of subsection 1, a qualified active
		  low-income community business or impact qualified active low-income community
		  business must submit to the Department at the address set forth in NAC
		  231A.130 a written request for
		  approval on a form prescribed by the Department.
3. The Department will grant or deny a
		  written request for approval submitted in accordance with subsection 2 not
		  later than 28 calendar days after the date on which the Department receives the
		  written request. If the Department does not grant or deny the written request
		  within 28 calendar days after the Department receives the written request, the
		  request shall be deemed approved.
4. The Department will approve a written
		  request pursuant to subsection 3 unless the Department determines that it is in
		  the best interests of this State to deny the written request.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff. 6-23-2014; A by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150,
				231A.245, as amended by section
				18 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at page
				3363
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.060 - Notice to Department of qualified low-income community investments

Current through June 11, 2024
1. Not later than 30 days after the date on
		  which a qualified community development entity or impact qualified community
		  development entity makes a qualified low-income community investment, the
		  entity shall notify the Department of the investment.
2. Not later than 30 days after the date on
		  which a qualified community development entity or impact qualified community
		  development entity makes a qualified low-income community investment which
		  causes 85 percent or more of the amount of a qualified equity investment or
		  impact qualified equity investment, as applicable, regarding which the
		  qualified community development entity or impact qualified community
		  development entity has certified investment authority to have been invested in
		  qualified low-income community investments in this State, in accordance with
		  the requirements of subsection 3 of
		  NRS
		  231A.250, as amended by section 19 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3363, as
		  interpreted by the Department pursuant to NAC
		  231A.100, the qualified
		  community development entity or impact qualified community development entity
		  shall notify the Department that 85 percent or more of the applicable amount of
		  the qualified equity investment or impact qualified equity investment has been
		  invested in qualified low-income community investments in this State.
3. A notification made in accordance with
		  this section must include any other information required by the
		  Department.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff. 6-23-2014; A by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.070 - Recapture: "Cash proceeds" and "proceeds" interpreted

Current through June 11, 2024
For the purposes of
			 NRS
			 231A.250, the Department will interpret the
			 terms:
1. "Cash proceeds," as used in
		  subsection 4 of
		  NRS
		  231A.250; and
2. "Proceeds," as used in paragraph (b) of
		  subsection 3 of
		  NRS
		  231A.250, to have the meaning ascribed to
		  "purchase price" in
		  NRS
		  231A.100.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff.
			 6-23-2014
NRS 231A.150
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.080 - Recapture: Amount of tax credits Department will recapture

Current through June 11, 2024
For the purposes of
			 NRS
			 231A.250, as amended by section 19 of Senate
			 Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3363, if a
			 qualified community development entity or impact qualified community
			 development entity transfers, pursuant to subsection 7 of
			 NRS
			 231A.230, as amended by section 16 of Senate
			 Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, all or a
			 portion of its certified investment authority regarding a qualified equity
			 investment or impact qualified equity investment to another qualified community
			 development entity or impact qualified community development entity,
			 and:
1. The transferee causes a
		  recapture of tax credits pursuant to
		  NRS
		  231A.250, as amended by section 19 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3363, the
		  Department will recapture only those tax credits relating to the portion of the
		  qualified equity investment or impact qualified equity investment regarding
		  which the transferee received certified investment authority.
2. The transferor causes a recapture of tax
		  credits pursuant to NRS 231A.250, as amended by
		  section 19 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at
		  page 3363, the Department will recapture only those tax credits relating to the
		  portion of the qualified equity investment or impact qualified equity
		  investment regarding which the transferor retained certified investment
		  authority.
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff. 6-23-2014; A by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150,
				231A.250, as amended by section
				19 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at page
				3363
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.090 - Recapture: Notice to Department

Current through June 11, 2024
1. For the purposes
		  of subsection 1 of NRS 231A.250, as amended by
		  section 19 of Senate Bill No. 240, chapter 517, Statutes of Nevada 2023, at
		  page 3363, a qualified community development entity or impact qualified
		  community development entity which has certified investment authority pursuant
		  to NRS
		  231A.230, as amended by section 16 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, regarding any
		  portion of a qualified equity investment or impact qualified equity investment
		  shall notify the Department not later than 30 days after the qualified
		  community development entity or impact qualified community development entity,
		  as applicable:
(a) Learns of the recapture
		  under section 45D of the Internal Revenue Code of 1986,
		  26 U.S.C. §
									45D, of any amount of a federal tax credit
		  relating to the portion of the qualified equity investment or impact qualified
		  equity investment regarding which the qualified community development entity or
		  impact qualified community development entity has certified investment
		  authority; or
(b) Experiences a
		  recapture event as described in section 45D of the Internal Revenue Code of
		  1986, 26 U.S.C. §
									45D.
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.120 - Submission of annual report by qualified community development entity

Current through June 11, 2024
1. Except as otherwise provided in this
		  subsection, with regard to each qualified equity investment or impact qualified
		  equity investment for which a qualified community development entity or impact
		  qualified community development entity receives certification from the
		  Department pursuant to
		  NRS
		  231A.230, as amended by section 16 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, the entity
		  shall submit to the Director an annual report for each of the 6 years
		  immediately following the date on which the qualified equity investment or
		  impact qualified equity investment was initially made. If the entity transfers,
		  pursuant to subsection 7 of
		  NRS
		  231A.230, as amended by section 16 of Senate
		  Bill No. 240, chapter 517, Statutes of Nevada 2023, at page 3360, all or a
		  portion of its certified investment authority regarding the qualified equity
		  investment or impact qualified equity investment to another qualified community
		  development entity or impact qualified community development entity, as
		  applicable:
(a) The transferee shall submit
		  to the Director the annual report for the portion of the qualified equity
		  investment or impact qualified equity investment regarding which the transferee
		  receives certified investment authority; and
(b) The transferor shall submit to the
		  Director the annual report for the portion of the qualified equity investment
		  or impact qualified equity investment regarding which the transferor retains
		  certified investment authority.
Nevada Administrative Code › Chapter 231A - Nevada New Markets Jobs Act › Section 231A.130 - Address of Director

Current through June 11, 2024
A person may obtain clarification of or information concerning
			 the requirements of this chapter or chapter 231A of NRS and any procedure for
			 submitting applications, requests or reports to the Department or the Director
			 pursuant to this chapter or chapter 231A of NRS by sending a written request
			 for the clarification or information to the Director at the following
			 address:
Director's Office
Nevada Department of Business and Industry
Attn: New Markets Jobs Act Program
3300 W. Sahara Avenue, Suite 425
Las Vegas, Nevada 89102
Added to NAC by Dep't of
			 Business & Industry by R103-13, eff. 6-23-2014; A by
			 R036-23A,
			 eff. 4/19/2024
NRS
				231A.150
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 2 - NEW

Current through June 11, 2024
As used in sections 2 to 38, inclusive, unless the context
			 otherwise requires, the words and terms defined in sections 3 to 28, inclusive,
			 have the meanings ascribed to them in those sections.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 3 - NEW

Current through June 11, 2024
"Acquisition" means the securing of the right of public use of
			 real property or the benefit thereof by the purchase or donation of an interest
			 in that real property.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 4 - NEW

Current through June 11, 2024
"Carson River corridor" includes, without limitation, the
			 100-year floodplain of the Carson River, land adjacent to the 100-year
			 floodplain of the Carson River, sloughs or ponds of the Carson River, old
			 meanders and oxbows of the Carson River and any tributary of the Carson River
			 within its recognized hydrographic basins.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 5 - NEW

Current through June 11, 2024
"Conservation district" has the meaning ascribed to it in NRS
			 548.032.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 6 - NEW

Current through June 11, 2024
"Credit" has the meaning ascribed to it in NAC
			 232.410.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 7 - NEW

Current through June 11, 2024
"Department" means the State Department of Conservation and
			 Natural Resources.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 8 - NEW

Current through June 11, 2024
"Director" means the Director of the Department or his or her
			 designee.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 9 - NEW

Current through June 11, 2024
"Easement for conservation" has the meaning ascribed to it in NRS
			 111.410.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 10 - NEW

Current through June 11, 2024
"Historic or cultural resources" means any surviving evidence
			 that relates to the history of the use of the land from the earliest human
			 occupation to recent historical activities. Surviving evidence may include,
			 without limitation, sites, structures, districts, objects, artifacts and
			 historic documents associated with or representative of peoples, cultures, and
			 human activities and events from any period of time, including, without
			 limitation, the present.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 11 - NEW

Current through June 11, 2024
"Lake Tahoe Path System" means the pedestrian and bicycle shared
			 use path system that extends from Incline Village, Nevada to Stateline, Nevada,
			 as laid out in the 2020 Regional Transportation Plan of the Tahoe Regional
			 Planning Agency. The term includes, without limitation, trail facilities,
			 support infrastructure, mobility hubs, bicycle and pedestrian counters,
			 trailheads, trail connectors and shared use pathways.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 12 - NEW

Current through June 11, 2024
"Local government" means any political subdivision of this State,
			 including, without limitation, a county, city, town, general improvement
			 district, conservancy district, water conservancy district or any other
			 district that performs a governmental function.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 13 - NEW

Current through June 11, 2024
"Matching contribution" includes money or anything of value,
			 including, without limitation, the use of personnel, materials or equipment
			 that is expended on a project.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 14 - NEW

Current through June 11, 2024
"Nevada Conservation and Recreation Program" or "Program" means
			 the grant program created pursuant to subsections 8, 9 and 10 of section 2 of
			 Assembly Bill No. 84, chapter 480, Statutes of Nevada 2019, at page 2861, and
			 sections 2 to 38, inclusive.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 15 - NEW

Current through June 11, 2024
"Nonprofit organization" means an entity or organization that is
			 exempt from federal income taxation pursuant to
			 26 U.S.C. §
								501(c)(3).
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 16 - NEW

Current through June 11, 2024
"Project" includes, without limitation:
1. The design and construction of outdoor
		  recreational facilities, recreational trails and campsites;
2. The acquisition of land and water rights
		  or interests in land and water rights to protect and enhance wildlife habitat,
		  sensitive or unique vegetation, historic or cultural resources, riparian
		  corridors, floodplains, wetlands, other environmental resources and open
		  spaces;
3. The acquisition of
		  credits to protect, enhance or restore sagebrush ecosystems;
4. The creation of resilient
		  landscapes;
5. Catastrophic
		  wildfire mitigation and restoration;
6. The maintenance or restoration of
		  watersheds;
7. The maintenance or
		  restoration of river corridors; and
8. Those activities, acquisitions,
		  construction, design, planning, studies and environmental, cultural or other
		  reviews that preserve and protect, or obtain the benefits of, the property and
		  natural, historic or cultural resources of the State of Nevada.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 17 - NEW

Current through June 11, 2024
"Public benefit" means the outcome of a project that obtains,
			 protects, preserves, supports or enhances the benefits of property, natural,
			 historic or cultural resources for current and future residents of the State of
			 Nevada.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 18 - NEW

Current through June 11, 2024
"Recreational facility" means a facility for the use and
			 enjoyment of a recreational area or trail that provides an opportunity for the
			 observation, interpretation, outdoor recreation or enjoyment of natural,
			 historic or cultural resources.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 19 - NEW

Current through June 11, 2024
"Recreational trail" means:
1. A trail, pathway, water trail or similar
		  area for walking, hiking, bicycling, horseback riding, exercising or any other
		  outdoor recreational activity;
2.
		  Trail infrastructure that provides public access to outdoor recreational
		  resources, existing trail connections or pathways that facilitate access to
		  natural, historic or cultural resources; and
3. Trail features, including, without
		  limitation, trail junctions, points of interest, recreation stops, scenic
		  points, sites of trail amenities and interpretive signage.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 20 - NEW

Current through June 11, 2024
"Riparian corridor" means land related to or located on the bank
			 of or adjacent to a natural or artificial waterway, including, without
			 limitation, a river, intermittent or permanent creek or stream, gully where
			 surface water collects, wetland, lake, pond or ditch, if the land exhibits
			 plant types unique to areas with periodic or perennial water sources of a
			 magnitude greater than the surrounding uplands.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 21 - NEW

Current through June 11, 2024
"Sensitive or unique vegetation" means any:
1. Native species, cluster of native species
		  or type of habitat that contains a rare, threatened or endangered native plant
		  species designated by an appropriate federal or state agency;
2. Species of plant or network of vegetation
		  that has characteristics that have been identified as worthy of special
		  consideration; or
3. Species of
		  plant or network of vegetation that is highly restricted in distribution or
		  that occurs only in a specialized habitat or supports another rare, threatened
		  or endangered species.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 22 - NEW

Current through June 11, 2024
"State agency" means any agency, department or division of the
			 Executive Department of this State, including, without limitation, the Nevada
			 System of Higher Education.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 23 - NEW

Current through June 11, 2024
"Trailhead" means a point at which a recreational trail or path
			 system begins, diverts or terminates, including, without limitation, restrooms,
			 parking, signage, an interpretive site or any other item that provides public
			 accessibility, information or support for the public utilization of a
			 recreational trail or path system.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 24 - NEW

Current through June 11, 2024
"Truckee River corridor" includes, without limitation, the
			 100-year floodplain of the Truckee River, the land adjacent to the 100-year
			 floodplain of the Truckee River, sloughs or ponds of the Truckee River, old
			 meanders and oxbows of the Truckee River and any tributary of the Truckee River
			 within the recognized hydrographic basins of the Truckee
			 River.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 25 - NEW

Current through June 11, 2024
"Water conservancy district" has the meaning ascribed to it in
			 NRS
			 541.020.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 26 - NEW

Current through June 11, 2024
"Wetland" means the transitional lands between terrestrial and
			 aquatic systems, where the water table is usually at or near the surface or the
			 land is covered by shallow water, which have a stable water source and:
1. At least periodically, the land supports
		  hydrophytes predominantly;
2. The
		  substrate is predominantly undrained hydric soil; or
3. The substrate is saturated with water or
		  covered by shallow water at some time during the growing season of each
		  year.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 27 - NEW

Current through June 11, 2024
"Wildlife habitat" means a diverse natural area with a
			 combination of the necessary resources and environmental conditions that
			 promote a population of at least one native wildlife species and allows the
			 wildlife species to carry out any part of its lifecycle and
			 persist.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 28 - NEW

Current through June 11, 2024
"Wildlife species" means any native species of animal, including,
			 without limitation, insects, amphibians, reptiles and any other vertebrate or
			 invertebrate.
Added
			 to NAC by Rehabilitation Div. by
			 R025-22A,
			 eff. 9/8/2022
Sections 2 and 3 of Assembly Bill No. 84, chapter 480, Statutes
				of Nevada 2019, at pages 2861 and
				2864
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 30 - NEW

Current through June 11, 2024
1. The Director may periodically solicit:
(a) Applications for the grants described in
		  section 29 from state agencies, local governments and nonprofit organizations
		  for the grants of money;
(b)
		  Applications from nonprofit organizations for carrying out contracts or
		  agreements to acquire land and water rights or interests in land and water
		  rights for the Nevada Conservation and Recreation Program; and
(c) Project lists from state agencies, local
		  governments and nonprofit organizations to help assess the need for projects of
		  the Nevada Conservation and Recreation Program.
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 31 - NEW

Current through June 11, 2024
1. To receive a grant from the Nevada
		  Conservation and Recreation Program, an applicant must provide an eligible
		  matching contribution to the project of not less than 10 percent of the total
		  cost of the project.
2. A matching
		  contribution is eligible for purposes of this section if the matching
		  contribution:
(a) Is for an expenditure for a
		  project that was made not more than 2 years before receiving the grant from the
		  Nevada Conservation and Recreation Program;
(b) Is directly related to the project;
		  and
(c) Includes one or more of the
		  following:
(1) Cash;
(2) In-kind contributions, including, without
		  limitation, planning, labor, volunteer labor, appraisals, equipment rental and
		  material costs;
(3) Federal or
		  state contributions that are not part of the Program;
(4) Any costs associated with environmental
		  information required for the project, documentation of which must be submitted
		  with the application; or
(5) Any
		  costs incurred in establishing a program to monitor the success of the
		  project.
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 32 - NEW

Current through June 11, 2024
1. An entity that is eligible to apply for a
		  grant from the Program may submit to the Department a preapplication or letter
		  of intent to apply for a grant for an initial determination of the eligibility
		  of the project to receive a grant.
2. In reviewing the preapplication or letter
		  of intent submitted pursuant to subsection 1, the Department will consider,
		  without limitation, whether:
(a) The entity is
		  eligible to apply for a grant from the Program;
(b) The proposed project is eligible for a
		  grant from the Program; and
(c) The
		  proposed project will provide a public benefit, as determined by the
		  Department.
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 33 - NEW

Current through June 11, 2024
1. The Director will, if practicable,
		  establish one or more advisory committees to:
(a) Review applications for grants from the
		  Program;
(b) Make recommendations
		  for grants from the Program. Such recommendations may be taken into account
		  when ranking applications pursuant to section 34; and
(c) Make recommendations for the ranking
		  system used to rank applications for grants.
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 34 - NEW

Current through June 11, 2024
1. The Program Manager:
(a) Shall rank applications received pursuant
		  to section 30 in order of priority for awarding grants using a ranking system
		  authorized by the Director. Grants must be awarded for projects that, based on
		  the application, are most appropriate for the receipt of a grant within the
		  overall purpose of the Program.
(b)
		  May request that an advisory committee, if established pursuant to section 33,
		  rank applications in accordance with this section.
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 35 - NEW

Current through June 11, 2024
For each grant awarded from the Program, an agreement must be
			 executed between the grant recipient and the Department, which must, without
			 limitation:
1. Authorize the grant
		  recipient to use the grant to pay for:
(a)
		  Except as otherwise provided in this section, all expenses directly related to
		  the project, including, without limitation, any expenses related to the
		  planning, design and construction of the project which must be calculated based
		  on actual costs; and
(b) The
		  administrative costs of the project, which may not exceed 3 percent of the
		  total cost of the project;