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

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ASSEMBLY BILL NO. 242–ASSEMBLYMEMBERS
DELONG, GURR; AND KOENIG

FEBRUARY 17, 2025
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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.

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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. Exi sting 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

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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 Direc tor 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

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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

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maintenance of sagebrush ecosyst ems 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 p erson, 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 wi ll 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 Gover nor. 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 N RS 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

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(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 a dministrative 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

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