AB 171 — Establishes certain protections for certain swamp cedars. (BDR 47-468)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

171171–Committee ASSEMBLYon BILLNatural NOResources .CHAPTER..........

171–COMMITTEE ON NATURAL R ESOURCES FEBRUARY 24, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Establishes certain protections for certain swamp cedars.

(BDR 47-468) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegUnderLegislative existingCounsel’s law,Digest: it is unlawful to cut, destroy, mutilate, pick or remove any flora on any:

Under existing law, it is unlawful to cut, destroy, mutilate, pick or remove any flora on any:

or (2) state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural ResourcesFurther, exceptno inflora accordanceon withthe regulationslist of fully protected species may be removed or destroyed from any other land except pursuant to a special permit issued by the Division.State Forester Firewarden.

(NRS 527.050)527.050, from527.270) Section 1 of this bill declares that it is the policy of this State to protect the Spring Valley population of Rocky Mountain junipers, known as “swamp cedars,” that occur in White Pine County within the unlawful for any otherswamp landcedar exceptwithin pursuantthat property to willfully or negligently bet cut, destroyed, mutilated or removed without first obtaining a special permit issuedfrom by the State Forester Firewarden.

(NRS 527.050, 527.270) Section 12 ofalso thisrevises bill declares that it is the policyexisting ofexemption thisfor StateIndians native to protectNevada thewho Springgather Valleyflora populationfor ofcertain Rockyreasons Mountainto junipers,remove knownthe asrequirement “swamp cedars,” that occursuch inIndians Whitebe Pinenative Countyto withinNevada. the Bahsahwahbee Traditional Cultural Property.

SectionsEXPLANATION 1– andMatter 2in ofbolded thisitalics billis makenew; it unlawful for any swamp cedar within that property to willfully or negligently be the State Forester Firewarden.emoved without first obtaining a special permit from Section 2 also revises the existing exemption for Indians native to Nevada who gather flora for certain reasons to remove the requirement that such Indians be native to Nevada.

-matter *AB171_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

3.- 81st Session (2021) – 2 – Forester Firewarden may adopt regulations necessary to carry outte the provisions of this section.

Except as otherwise provided in this subsection, the State Forester Firewarden may adopt regulations necessary to carry out the provisions of this section.

(1) A written permit therefor from the owner or occupant or the duly authorized agent of the owner or occupant;

andccupantand or (2) If the flora [has] :

(I) Has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit [from] issued by the State Forester Firewarden [.] pursuant to NRS 527.270;

and the (II) Is a swamp cedar described in section 1 of this act, a special permit issued by the State Forester Firewarden pursuant to section 1 of this act.

- *AB171_R1* – 3 – (1) Complying with regulations of the Division of State Parks;

and (II) Is a swamp cedar described in section 1 of this act, a specialsection permit1 issuedof bythis act.by the State Forester Firewarden pursuant to section(c) 1To cut, destroy, mutilate, pick or remove any flora [that has been placed on the list of thisfully act.protected species pursuant to NRS 527.270] from any lands within the State of Nevada not otherwise described in paragraphs (a) and (b) without obtaining :

(c) To cut, destroy, mutilate, pick or remove any flora [that has been placed on the list of fully protected species pursuant to NRS 527.270] from any lands within the State of Nevada not otherwise described in paragraphs (a) and (b) without obtaining :

and - 81st Session (2021) – 3 – (2) If the flora is a swamp cedar described in section 1 of this act, a special permit issued by the State Forester Firewarden pursuant to section 1 of this act.

 For the purposes of this subsection, the State Forester Firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.

H~~~~~ 21 - *AB171_R1*81st Session (2021)