AB242 - Revises provisions relating to the Sagebrush Ecosystem Council. (BDR 18-214)

EXEMPT (Reprinted with amendments adopted on April 16, 2025) FIRST REPRINT A.B. 242 - *AB242_R1* ASSEMBLY BILL NO. 242–ASSEMBLYMEMBERS DELONG, GURR; AND KOENIG FEBRUARY 17, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the Sagebrush Ecosystem Council. (BDR 18-214) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to the management of land; requiring the Sagebrush Ecosystem Council in the State Department of Conservation and Natural Resources to establish by regulation a program to mitigate damage to sagebrush ecosystems; requiring the Council to adopt certain regulations related to the program; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Sagebrush Ecosystem Council within the State 1 Department of Conservation and Natural Resources. Existing law requires the 2 Council to establish a program to mitigate damage to sagebrush ecosystems by 3 creating a system to award credits to certain persons and entities to protect, enhance 4 or restore sagebrush ecosystems. (NRS 232.162) This bill requires the Council to 5 establish the program by regulation. In establishing the program, this bill further 6 requires the Council to set forth in regulation: (1) the process to apply to participate 7 in the program; (2) the process for the review of an application by the Council; (3) 8 the process by which an applicant may appeal any decision of the Council relating 9 to the application; and (4) the process by which the Council will periodically 10 review any activity or project that has been approved by the Council to create 11 credits or acquire debits pursuant to the program. 12 – 2 – - *AB242_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 232.162 is hereby amended to read as follows: 1 232.162 1. The Sagebrush Ecosystem Council is hereby 2 created in the Department. The Council consists of: 3 (a) The following nine voting members appointed by the 4 Governor: 5 (1) One member who represents agricultural interests; 6 (2) One member who represents the energy industry; 7 (3) One member who represents the general public; 8 (4) One member who represents conservation and 9 environmental interests; 10 (5) One member who represents mining interests; 11 (6) One member who represents ranching interests; 12 (7) One member who represents local government; 13 (8) One member who acts as a liaison for Native American 14 tribes; and 15 (9) One member of the Board of Wildlife Commissioners or 16 his or her designee. 17 (b) In addition to the members appointed pursuant to paragraph 18 (a), the following nonvoting members: 19 (1) The Director of the State Department of Conservation 20 and Natural Resources; 21 (2) The Director of the Department of Wildlife; 22 (3) The Director of the State Department of Agriculture; 23 (4) The State Director of the Nevada State Office of the 24 Bureau of Land Management; 25 (5) The State Supervisor of the Nevada State Office of the 26 United States Fish and Wildlife Service; 27 (6) The Forest Supervisor for the Humboldt-Toiyabe 28 National Forest; and 29 (7) Any other members appointed by the Governor as 30 nonvoting members. 31 2. The provisions of subsection 6 of NRS 232A.020 do not 32 apply to the appointment by the Governor of the members of the 33 Council. 34 3. After the initial terms, each member of the Council 35 appointed pursuant to subparagraphs (1) to (8), inclusive, of 36 paragraph (a) of subsection 1 and subparagraph (7) of paragraph (b) 37 of subsection 1 serves a term of 4 years, commencing on July 1. 38 4. A vacancy in the membership of the Council must be filled 39 in the same manner as the original appointment for the remainder of 40 the unexpired term. A member may be reappointed. 41 – 3 – - *AB242_R1* 5. While engaged in the business of the Council, each voting 1 member is entitled to receive a salary of not more than $80 per day, 2 as established by the Council, and the per diem allowance and travel 3 expenses provided for state officers and employees generally. 4 6. The Council may: 5 (a) Adopt regulations to govern the management and operation 6 of the Council; 7 (b) Establish subcommittees consisting of members of the 8 Council to assist the Council in the performance of its duties; and 9 (c) Consider and require the recovery of costs related to 10 activities prescribed by paragraph (d) of subsection 2 of NRS 11 321.594 pursuant to NRS 701.600 to 701.640, inclusive, or any 12 other authorized method of recovering those costs. 13 7. The Council shall: 14 (a) Consider the best science available in its determinations 15 regarding the conservation of the greater sage grouse (Centrocercus 16 urophasianus) and sagebrush ecosystems in this State; 17 (b) Establish and carry out strategies for: 18 (1) The conservation of the greater sage grouse and 19 sagebrush ecosystems in this State; and 20 (2) Managing land which includes those sagebrush 21 ecosystems, taking into consideration the importance of those 22 sagebrush ecosystems and the interests of the State; 23 (c) Establish and carry out a long-term system for carrying out 24 strategies to manage sagebrush ecosystems in this State using an 25 adaptive management framework and providing for input from 26 interested persons and governmental entities; 27 (d) Oversee any team within the Division of State Lands of the 28 Department which provides technical services concerning sagebrush 29 ecosystems; 30 (e) Establish by regulation a program to mitigate damage to 31 sagebrush ecosystems in this State by authorizing a system that 32 awards credits to persons, federal and state agencies, local 33 governments and nonprofit organizations to protect, enhance or 34 restore sagebrush ecosystems; 35 (f) Solicit suggestions and information and, if necessary, 36 prioritize projects concerning the enhancement of the landscape, the 37 restoration of habitat, the reduction of nonnative grasses and plants 38 and the mitigation of damage to or the expansion of scientific 39 knowledge of sagebrush ecosystems; 40 (g) If requested, provide advice for the resolution of any conflict 41 concerning the management of the greater sage grouse or a 42 sagebrush ecosystem in this State; 43 (h) Coordinate and facilitate discussion among persons, federal 44 and state agencies and local governments concerning the 45 – 4 – - *AB242_R1* maintenance of sagebrush ecosystems and the conservation of the 1 greater sage grouse; 2 (i) Provide information and advice to persons, federal and state 3 agencies and local governments concerning any strategy, system, 4 program or project carried out pursuant to this section or NRS 5 321.592 or 321.594; and 6 (j) Provide direction to state agencies concerning any strategy, 7 system, program or project carried out pursuant to this section or 8 NRS 321.592 or 321.594 and resolve any conflict with any direction 9 given by another state board, commission or department jointly with 10 that board, commission or department, as applicable. 11 8. In establishing a program to mitigate damage to sagebrush 12 ecosystems pursuant to paragraph (e) of subsection 7, the Council 13 shall set forth in regulation: 14 (a) The process for a person, federal or state agency, local 15 government or nonprofit organization to apply to participate in the 16 program by: 17 (1) Proposing an activity or project that will create credits 18 to protect, enhance or restore sagebrush ecosystems; or 19 (2) Acquiring debits to compensate for the loss or 20 degradation of habitat of the greater sage-grouse caused by a 21 proposed activity or project; 22 (b) The process for the review of an application described in 23 paragraph (a) by the Council; 24 (c) The process by which a person, federal or state agency, 25 local government or nonprofit organization that applies to 26 participate in the program pursuant to paragraph (a) may appeal 27 any decision of the Council relating to the application; and 28 (d) The process by which the Council will periodically review 29 any activity or project that has been approved by the Council to 30 create credits or acquire debits pursuant to the program. 31 9. On or before June 30 and December 31 of each year, the 32 Council shall submit a written report to the Governor. The report 33 must include, without limitation: 34 (a) Information concerning the overall health and population of 35 the greater sage grouse within this State and in the United States and 36 the overall health of sagebrush ecosystems within this State, 37 including, without limitation, information concerning any threats to 38 the population of sage grouse and any sagebrush ecosystems within 39 this State; 40 (b) Information concerning all strategies, systems, programs and 41 projects carried out pursuant to this section and NRS 321.592 and 42 321.594, including, without limitation, information concerning the 43 costs, sources of funding and results of those strategies, systems, 44 programs and projects; and 45 – 5 – - *AB242_R1* (c) Any other information specified by the Council. 1 Sec. 2. 1. This section becomes effective upon passage and 2 approval. 3 2. Section 1 of this act becomes effective: 4 (a) Upon passage and approval for the purpose of adopting any 5 regulations and performing any other preparatory administrative 6 tasks that are necessary to carry out the provisions of this act; and 7 (b) On July 31, 2027, for all other purposes. 8 H