AB 516 — Revises provisions relating to the Nevada Indian Commission. (BDR 18-1215)

and [7.] 6.

and - *AB516_R1* – 4 – (3) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.

and - 82nd Session (2023) – 4 – (3)] The Chair of the Board of the Nevada Arts Council.

A change in any member of the Commission who serves pursuant to subparagraph (3) of paragraph (a) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

office and shall not Sec.

As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the - *AB516_R1* – 5 – State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council.

(c)- Approve82nd divisionalSession and(2023) departmental– budgets,5 legislative– proposals, contracts, agreements and applications for federalfederalve assistance.

(h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.Dep(i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:

(i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:

3.may enter into cooperative agreements with any federal or statetor agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.

Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other - *AB516_R1* – 6 – person, in connection with studies and investigations pertaining to any activities of the Department.

This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on - 82nd Session (2023) – 6 – Off-Highway Vehicles or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions and the Council.

5.232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.

Except as otherwise provided in NRS [232.159 and] 232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.

2.

The Department consists of:

of:

The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited - *AB516_R1* – 7 – to the Account.

- 82nd Session (2023) – 7 – 3.

In addition to any money deposited into the Account from the sale of real property pursuant to subsection 6, the Executive Director may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or privatepri4.teThe sourceExecutive Director may expend the money in the Account only for the purposepurposes of fundingrepairing and maintaining the Account.historic state buildings and grounds of the Stewart Indian School.

4.

The Executive Director may expend the money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School.

The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may lease or make a direct sale of two parcels of land of approximately 100 acres located within Carson City, and generally described as follows:

(b) The southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 33 and the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of Section 34, Township 15 N., Range 19 E., M.D.B.

- *AB516_R1* – 8 – 4.

- 82nd Session (2023) – 8 – 5.

The Nevada Indian Commission [, consisting of five members appointed by the Governor,] is hereby created [.] within the Department.

by the Governor,] is hereby created [.] 2.

Attend all Commission meetings and act as Executive Secretary,the keepingproceedings.ng minutes and audio recordings or transcripts of the4. proceedings.

4.

- *AB516_R1*82nd Session (2023) – 9 – 7.appointed by the Governor pursuant to this chapter and act as Executive Secretary, keeping minutes and audio recordings or transcripts of the proceedings.

Attend all meetings of any special study committee appointed by the Governor pursuant to this chapter and act as Executive Secretary, keeping minutes and audio recordings or transcripts of the proceedings.

The purpose of the Commission shall be to study matters affecting the social and economic welfare and well- being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians.

(c) Provide direction to the Executive Director concerning any reports prepared by the Department and review drafts of such reports;rep(d) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures taken by the Department to ensure that any such measures taken relating to the duties of the Commission are effective;

(d) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures taken by the Department to ensure that any such measures taken relating to the duties of the Commission are effective;

- 82nd Session (2023) – 10 – Sec.

233A.092 The [Commission] Department is hereby designated as the coordinating agency for discussions among the - *AB516_R1* – 10 – [Commission,] Department, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.

uses of the buildings and grounds Sec.

All such money received by the [Commission] Department must be deposited in the State Treasury for credit to the Fund.

The money may be spent only for the purposes of the - 82nd Session (2023) – 11 – [Commission.] Department.

-appropriate *AB516_R1*to –assist 11and –advise 1.the [Commission] Department in the performance of its duties and responsibilities under this chapter.

Appoint advisory committees whenever necessary or appropriate to assist and advise the [Commission] Department in the performance of its duties and responsibilities under this chapter.

and (d) Establishes a method for notifying employees of a state agency of the provisions of NRS 233A.200 to 233A.280, inclusive, and the policy that the [Commission] Department develops pursuant to this section.

- 82nd Session (2023) – 12 – (b) Serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian tribes;

and (c) Ensure that training is provided to the staff of the state agency pursuantNothing toin this subsection 2precludes ofa NRStribal 233A.270.liaison from providing or facilitating additional training.

- *AB516_R1* – 12 –  Nothing in this subsection precludes a tribal liaison from providing or facilitating additional training.

All heads of a state agency and state agency managers and employees who have ongoing communication with Indian tribes shall complete a training provided by the Division of Human Resource Management of the Department of Administration, in consultationmust withbe thedesigned [Commission.]to support:ssion.] Department.

Such training must(a) beThe designedpromotion toof support:effective communication and collaboration between state agencies and Indian tribes;

(a) The promotion of effective communication and collaboration between state agencies and Indian tribes;

(b)- Any82nd actionsSession taken(2023) or– planned13 by– the state agency to carry out the policy implemented pursuant to NRS 233A.260;

agency to carry out (c) A certification by the Division of Human Resource Management of the Department of Administration of the number of managers and employees of the state agency who have completed the training required pursuant to subsection 2;

- *AB516_R1* – 13 – (d) A description of current and planned programs and services provided to or directly affecting Indian tribes and the amount of funding for each program;

and (b) A report on the activities and any findings and recommendations of the [Commission.] Department.Department.ndings and Sec.

Sec.

(a) Designate which buildings and grounds of the former Stewart Indian School under the management of the Museum Director pursuant to subsection 1 are appropriate for holding special events;eve(b) Authorize the Museum Director to grant special use permits to hold special events at or on the buildings and grounds of the former Stewart Indian School designated pursuant to paragraph (a).

and (b) Authorize the Museum Director to grant special use permits to hold special events at or on the buildings and grounds of the former Stewart Indian School designated pursuant to paragraph (a).

- 82nd Session (2023) – 14 – (a) Paid into the State Treasury for credit to the [Nevada Indian Commission’s] Department of Native American Affairs’ Gift Fund created by NRS 233A.097;

and (b) Used by the [Commission] Department to carry out programs to preserve and maintain the operations and cultural integrity of the former Stewart Indian School.School.ns and cultural Sec.

Sec.

[.] - *AB516_R1* – 14 – 2.

(c) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.organization.e of 2.

2.

If a board of county commissioners [or the Nevada Indian Commission]- submits82nd theSession names(2023) of– two15 or– more nominees, the board [or the Nevada Indian Commission, as applicable,] shall number its nominees in order of preference.

- *AB516_R1* – 15 – (b) [The Nevada Indian Commission fails to submit the name of its nominee or a list of nominees within the time required by subsection 3, the Governor may appoint any resident of the State who has experience working with tribal governments in this State and who has knowledge of natural resource issues pertaining to tribalCommission.s lands in this State as the representative of the Nevada Indian Commission.(c)] A board of county commissioners [or the Nevada Indian Commission] has timely submitted the name of its nominee or a list of nominees pursuant to subsection 3 and the Governor fails to appoint a person so nominated:

(c)] A board of county commissioners [or the Nevada Indian Commission] has timely submitted the name of its nominee or a list of nominees pursuant to subsection 3 and the Governor fails to appoint a person so nominated:

or (2) If two or more persons have been nominated, the person listed by the board [or the Nevada Indian Commission, as applicable,] first in order of preference,  shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board [or the Nevada Indian Commission, as applicable,] in writing that none of itsdays nomineesafter willthe bedate appointedof any such notice, the board [or the Nevada0 Indian Commission, as applicable,] shall submit to the AdvisoryGovernor Council.the name of a new nominee or a list of new nominees.

Within 30 days after the date of any such notice, the board [or the Nevada Indian Commission, as applicable,] shall submit to the Governor the name of a new nominee or a list of new nominees.

If a voting member appointed pursuant to subparagraph (1) of paragraph (a) of subsection 1 is an elected official of the county that he or she represents on the Advisory Council and he or she does not become a candidate for reelection or is defeated for reelection, the board of county commissioners- of82nd thatSession county(2023) may– end16 the– person’s membership on the Advisory Council before the expiration of his or her 3-year term.

- *AB516_R1* – 16 – 8.

A majority of the voting members of the Advisory Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any officialofficiality action taken by the Advisory Council.

(d) Division of State Library, Archives and Public Records of thethe(e) Department of Administration.Transportation of the State.

(e) Department of Transportation of the State.

(l)- Inter-Tribal82nd Session (2023) – 17 – organization.Tribal Council of Nevada, Inc., or its successor organization. Each agency or organization shall designate a representative and one alternative representative for this purpose.

 Each agency or organization shall designate a representative and one alternative representative for this purpose.

- *AB516_R1* – 17 – (5) The Director of the Department of Wildlife or his or her designee;

The Director of the Department of Wildlife or his or her (6) The Administrator of the Division of State Parks of the Department;

and (9) Four members appointed by the Governor from a list of nominees submitted by the Lieutenant Governor and the Director as follows:

submitted by the Lieutenant Governor and the Director as (I) A representative of the outdoor recreation industry;

(b) The following two nonvoting members, who must be appointed by the Administrator of the Division of Outdoor Recreation- 82nd Session (2023) – 18 – Director:n or his or her designee, subject to the approval of the Director:(1) A representative of the United States Department of the Interior from the Bureau of Land Management, National Park Service or United States Fish and Wildlife Service;

(1) A representative of the United States Department of the Interior from the Bureau of Land Management, National Park Service or United States Fish and Wildlife Service;

If a quorum is present, the affirmative vote of a majority of the voting members of the Advisory Board present is sufficient for anyany4. official action taken by the Advisory Board.

- *AB516_R1* – 18 – 4.

(i)Development;xecutive Director of the Office of Economic (j) The Executive Director of the Office[Nevada Indian Commission;] Department of EconomicNative Development;American Affairs;

(j) The Executive Director of the [Nevada Indian Commission;] Department of Native American Affairs;

- 82nd Session (2023) – 19 – Members appointed pursuant to this paragraph serve at the pleasure of the Governor.

The person designatedmember maythat exercisehe allor theshe duties,represents.uties, rights and privileges of the memberSec. that he or she represents.

Sec.

- *AB516_R1* – 19 – 3.

If the Department is considering whether to make any recommendations for proposed legislation relating to any fishing and hunting rights of a resident Native American or any Native Americanwith triberegulations inadopted thisby State, the DepartmentCommission:t shall, in accordance with(a) regulationsProvide adoptednotice byof the Commission:proposed action to each of those tribes or any other person specified in those regulations;

(a) Provide notice of the proposed action to each of those tribes or any other person specified in those regulations;

- 82nd Session (2023) – 20 – 2.

(a) The(1) followingA votingrepresentative members,of appointedan byelectric theutility Governor:that primarily serves densely populated counties, as defined in NRS 704.110;

(1) A representative of an electric utility that primarily serves densely populated counties, as defined in NRS 704.110;

- *AB516_R1* – 20 – (9) A representative of an organization that represents the gaming and resort businesses in this State;

(11) A representative of an organization in this State that advocates on behalf of environmental or public lands issues who has expertiseexperti(12) inA orrepresentative knowledge of environmentalthe or[Nevada publicIndian landsCommission;]es; issues;

(12) A representative of the [Nevada Indian Commission;] Department of Native American Affairs;

- 82nd Session (2023) – 21 – (1) A representative of the Public Utilities Commission of Nevada;

4.Governor.

The members of the Task Force serve at the pleasure of the Governor.5.

5.

- *AB516_R1* – 21 – 3.

Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibilitytransferred.ty for the enforcement of such actions has been transferred.Sec.

Sec.

In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to 2.feIn preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

2.

In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

- 82nd Session (2023) – 22 – Sec.

TEXT~~~~~ OF23 REPEALED- SECTION82nd 232.159Session Account(2023) for the Protection and Rehabilitation of the Stewart Indian School:

Creation;

powers and duties of Director;

limitations on use of money in Account;

advisory committee;

authorization of sale of certain land.

Stewart Indian School is hereby created in the State General Fund.

The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

The money in the Account does not revert to the State General Fund at the end of any fiscal year, and the balance in the Account must be carried forward to the next fiscal year.

2.

In addition to any money deposited into the Account from the sale of real property pursuant to subsection 5, the Director may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source for the purpose of funding the Account.

- *AB516_R1* – 22 – 3.

The Director may expend the money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School.

4.

The Director shall, before expending any money pursuant to subsection 3, consult with an advisory committee that provides a advisory committee consists of:at may be funded from the Account.

The (a) The Administrator of the Division of State Lands of the Department;

(b) The Administrator of the Office of Historic Preservation of the Department;

(c) The Administrator of the State Public Works Division of the Department of Administration;

and (d) The Executive Director of the Nevada Indian Commission.

Department may make a direct sale of two parcels of land ofhe approximately 100 acres located within Carson City, and generally described as follows:

(a) The northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of Section 33, Township 15 N., Range 19 E., M.D.B.

& M.

(b) The southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 33 and the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of Section 34, Township 15 N., Range  Money received from the sale, less any costs related to the sale, must be deposited in the Account.

H - *AB516_R1*