State Departments - SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT - “Habitat quantification tool” defined.

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[Rev. 3/31/2020 5:58:36 PM]

[NAC-232 Revised Date: 3-20]

CHAPTER 232 - STATE DEPARTMENTS

DEPARTMENT OF BUSINESS AND INDUSTRY

General Provisions

232.010              Definitions.

Practice Before Department

232.020              Petition for action on regulation: Filing; contents.

232.030              Petition for action on regulation: Review; notice of decision.

232.040              Petition for declaratory order or advisory opinion: Authorization; filing; contents.

232.045              Petition for declaratory order or advisory opinion: Referral by chief to Director.

232.050              Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion.

232.053              Petition for declaratory order or advisory opinion: Request for Director to review decision of chief.

232.056              Advisory opinion: Oral response prohibited.

232.060              Petition for creation of nonprofit corporation: Filing; contents.

Selection of Chiefs of Divisions

232.100              Application for recognition to submit list of qualified persons: Authorization.

232.110              Application for recognition to submit list of qualified persons: Criteria for approval.

232.120              Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial.

232.130              Notice of vacancy in position; submission of list of qualified persons.

232.140              Criteria for selection of person for appointment.

DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION

232.210              Definitions.

232.220              “Administrator” defined.

232.240              “Division” defined.

232.300              Advisory opinion: Request for issuance; action by Administrator.

232.310              Advisory opinion: Oral response to request.

232.320              Petition for declaratory order: Filing; contents; action by Administrator.

232.330              Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator.

SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT

232.400              Definitions.

232.405              “Anthropogenic disturbance” defined.

232.410              “Credit” defined.

232.413              “De minimis impact” defined.

232.415              “Debit” defined.

232.420              “Greater sage-grouse” defined.

232.423              “Habitat quantification tool” defined.

232.430              “Mineral exploration” defined.

232.433              “Nevada Conservation Credit System” defined.

232.438              “Program Manager” defined.

232.440              “Public lands” defined.

232.445              “Sagebrush Ecosystem Council” defined.

232.447              “Sagebrush Ecosystem Technical Team” defined.

232.450              “Verifier” defined.

232.460              Applicability.

232.470              Duties of person or entity proposing activity or project on public lands that will cause anthropogenic disturbance; submission of certain information to Sagebrush Ecosystem Technical Team; criteria for approval of mitigation plan by Council.

232.475              Issuance of certification of mitigation by Program Manager; compliance with terms set forth in certification.

232.480              Training and certification of verifiers by Sagebrush Ecosystem Technical Team; maintenance of list of trained and certified verifiers.

 

 

DEPARTMENT OF BUSINESS AND INDUSTRY

General Provisions

     NAC 232.010  Definitions. (NRS 233B.040)  As used in NAC 232.010 to 232.140, inclusive, unless the context otherwise requires:

     1.  “Chief” means the chief of a division of the Department.

     2.  “Department” means the Department of Business and Industry.

     3.  “Director” means the Director of the Department.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

Practice Before Department

     NAC 232.020  Petition for action on regulation: Filing; contents. (NRS 233B.100)

     1.  An interested person who wishes to petition the Director for the adoption, filing, amendment or repeal of a regulation of the Department or a division of the Department must file with the Director and the chief who is authorized to adopt, file, amend or repeal the regulation, the original and one copy of the petition.

     2.  The petition must include:

     (a) The name and address of the petitioner;

     (b) A clear and concise statement of the regulation to be adopted, filed, amended or repealed;

     (c) The reason for the adoption, filing, amendment or repeal of the regulation;

     (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

     (e) The name of the public officer, Department or division of the Department authorized to adopt, file, amend or repeal the regulation.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

     NAC 232.030  Petition for action on regulation: Review; notice of decision. (NRS 233B.100)

     1.  The Director may refuse to review a petition which requests the adoption, filing, amendment or repeal of a regulation if:

     (a) The original petition is not accompanied by one copy of the petition; or

     (b) The petition does not contain the information required by NAC 232.020.

     2.  The Director may require the chief who is authorized to adopt the regulation to review the petition and issue a decision.

     3.  The Director or the chief designated by the Director pursuant to subsection 2 will notify the petitioner in writing of his or her decision within 30 days after the petition is filed.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

     NAC 232.040  Petition for declaratory order or advisory opinion: Authorization; filing; contents. (NRS 233B.120)

     1.  Except as otherwise provided in subsection 4, an interested person may petition the Director to issue a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Department or any of its divisions.

     2.  The original and one copy of the petition must be filed with:

     (a) The chief who is authorized to administer or enforce the statute or regulation or to issue the decision; or

     (b) The Director, if the statute, regulation or decision is administered or enforced by the Director.

     3.  The petition must include:

     (a) The name and address of the petitioner;

     (b) The reason for requesting the order or opinion;

     (c) A statement of facts that support the petition; and

     (d) A clear and concise statement of the question to be decided by the Director or chief and the relief sought by the petitioner.

     4.  An interested person may not file a petition for a declaratory order or an advisory opinion concerning a question or matter that is an issue in an administrative, civil or criminal proceeding in which the interested person is a party.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

     NAC 232.045  Petition for declaratory order or advisory opinion: Referral by chief to Director. (NRS 233B.120)  Upon receipt of a petition for a declaratory order or an advisory opinion, a chief:

     1.  Shall send the petition to the Director for his or her decision if it contains an issue:

     (a) Concerning significant public policy, including, but not limited to:

          (1) A question concerning more than one division in the Department;

          (2) A question of first impression;

          (3) A constitutional question; or

          (4) An issue that has an effect on the budget of the Department.

     (b) That is specified by the Director and concerns the administration of the Department pursuant to subsection 2 of NRS 232.520.

     2.  May, with the consent of the Director, send to the Director for his or her decision the petition:

     (a) If the petitioner agrees; or

     (b) For good cause shown.

     3.  The Director will specify the issues that concern the administration of the Department pursuant to subsection 2 of NRS 232.520 which must be referred to the Director by a chief in accordance with paragraph (b) of subsection 1.

     (Added to NAC by Dep’t of Commerce, eff. 5-14-92)

     NAC 232.050  Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion. (NRS 233B.120)

     1.  The Director or a chief may refuse to review a petition which requests him or her to issue a declaratory order or advisory opinion if:

     (a) The original petition is not accompanied by one copy of the petition; or

     (b) The petition does not contain the information required by NAC 232.040.

     2.  The Director or chief with whom the petition is filed may:

     (a) Conduct an informal hearing to determine issues of fact or to hear argument related to the petition and may enter reasonable orders that govern the conduct of such a hearing.

     (b) Request the petitioner to provide additional information or arguments relating to the petition.

     (c) Issue a declaratory order or an advisory opinion based upon the contents of the petition and any material submitted with the petition.

     (d) Consider relevant decisions that have been issued by the Department or division which apply or interpret the statute, regulation or decision in question.

     (e) Enter any reasonable order to assist his or her review of the petition.

     3.  The Director or chief with whom the petition is filed will maintain a record of the order or opinion that is indexed by subject matter and mail a copy of the order or opinion to the petitioner within 60 days after:

     (a) The petition is filed;

     (b) The petition is referred to the Director for decision;

     (c) An informal hearing is conducted; or

     (d) Any additional information or written argument is received by the Director or the chief,

Ê whichever occurs later.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)

     NAC 232.053  Petition for declaratory order or advisory opinion: Request for Director to review decision of chief. (NRS 233B.120)

     1.  After receipt of a decision from a chief concerning the applicability or interpretation of a statute, regulation or decision of the division, a petitioner may request the Director to review the decision.

     2.  A request made pursuant to subsection 1 must:

     (a) Be in writing;

     (b) Contain the information required pursuant to NAC 232.040; and

     (c) Be filed with the Director within 30 days after the date of the decision.

     3.  The Director will review the request in accordance with the provisions of subsections 2 and 3 of NAC 232.050.

     (Added to NAC by Dep’t of Commerce, eff. 5-14-92)

     NAC 232.056  Advisory opinion: Oral response prohibited. (NRS 233B.120)  The Director or a chief will not render an oral advisory opinion or respond over the telephone to a request for an advisory opinion. An oral response or a response given over the telephone by a member of the staff of the Department is not a decision or an advisory opinion of the Department.

     (Added to NAC by Dep’t of Commerce, eff. 5-14-92)

     NAC 232.060  Petition for creation of nonprofit corporation: Filing; contents. (NRS 233B.050)

     1.  A petition which requests the Director to create or cause to be created a nonprofit corporation pursuant to NRS 81.350 to 81.400, inclusive, must be filed with the Director.

     2.  The petition must include:

     (a) The name and address of the petitioner;

     (b) A clear and concise statement setting forth the reason why the corporation is necessary or convenient for the exercise of the powers and duties of the Department;

     (c) The source of funding for the corporation;

     (d) The information required to be included in the certificate of incorporation filed pursuant to NRS 81.350 to 81.400, inclusive; and

     (e) Any other information the Director may require.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87)

Selection of Chiefs of Divisions

     NAC 232.100  Application for recognition to submit list of qualified persons: Authorization. (NRS 233B.050)  Any professional organization, association or other group may apply to the Director to be recognized to submit a list of qualified persons for appointment as chief of a division of the Department.

     (Added to NAC by Dep’t of Commerce, eff. 4-30-92)

     NAC 232.110  Application for recognition to submit list of qualified persons: Criteria for approval. (NRS 233B.050)  The Director will approve an application submitted pursuant to NAC 232.100 if he or she finds that the professional organization, association or other group:

     1.  Has an identifiable statewide membership, is affiliated with a national organization that has identifiable members who are actively engaged in the practice of a profession regulated by a division of the Department or has the capability of representing, on a statewide basis, members of the profession or business class for which it seeks approval to submit a list of qualified persons;

     2.  Is a corporation, partnership or professional association organized and created in accordance with the provisions of title 7 of NRS or is an established entity in this State;

     3.  Has a membership that is licensed, regulated or otherwise involved in the activity which is the subject of the laws administered or enforced by the chief of a division of the Department; and

     4.  Has demonstrated the capability and desire to assist the Director in obtaining information from all persons and groups in the industry, profession or class of business with which the group is associated for the purpose of identifying qualified persons for appointment as chief of a division of the Department.

     (Added to NAC by Dep’t of Commerce, eff. 4-30-92)

     NAC 232.120  Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial. (NRS 233B.050)

     1.  Within 30 days after receiving an application submitted pursuant to NAC 232.100, the Director will notify the applicant that its application has been:

     (a) Approved and will indicate the division or divisions for which the group has been approved to submit the names of qualified persons; or

     (b) Denied and will set forth the reasons for the denial.

     2.  Any applicant whose application is denied may reapply if new evidence or new circumstances exist.

     (Added to NAC by Dep’t of Commerce, eff. 4-30-92)

     NAC 232.130  Notice of vacancy in position; submission of list of qualified persons. (NRS 233B.050)

     1.  If a vacancy occurs in the position of chief of a division of the Department, the Director will:

     (a) Give public notice of the vacancy; and

     (b) Make a good faith effort to give notice promptly to any professional organization, association or other group that has been approved by the Director to submit a list of qualified persons for appointment as chief of the division.

     2.  When a vacancy occurs, any professional organization, association or other group that has been approved by the Director may submit, within such time as is permitted by the Director, a list of qualified persons. The list must be submitted in such form as is specified or permitted by the Director. The organization, association or other group shall acknowledge, in writing, that a good faith effort has been made to:

     (a) Verify that each person whose name appears on the list meets the minimum statutory qualifications for the position; and

     (b) Give notice to each such person of the factors set forth in NAC 232.140 that will be considered by the Director in making recommendations to the Governor.

     (Added to NAC by Dep’t of Commerce, eff. 4-30-92)

     NAC 232.140  Criteria for selection of person for appointment. (NRS 233B.050)

     1.  Before submitting the name of a person to the Governor for approval of the appointment of the person as chief of a division of the Department, the Director will consider the person’s ability to:

     (a) Relate well with other persons;

     (b) Motivate and lead other persons;

     (c) Develop teamwork;

     (d) Give clear directions;

     (e) Listen effectively;

     (f) Act towards others in an objective and fair manner;

     (g) Plan and organize his or her time;

     (h) Anticipate and solve problems;

     (i) Accomplish objectives with minimum resources;

     (j) Read, understand and apply statutes, regulations and policies;

     (k) Work with Legislators in developing legislation;

     (l) Work within the state budget and personnel system;

     (m) Maintain efficiency and effectiveness under heavy workloads and during times when the amount of work has increased;

     (n) Communicate effectively, both verbally and in writing;

     (o) Deal effectively with unexpected events; and

     (p) Understand and carry out the directives of his or her superiors and of Legislators.

     2.  The Director will also consider the person’s:

     (a) Experience outside the field for which he or she is being considered;

     (b) Experience in the field for which he or she is being considered, including any training the person may have received; and

     (c) Inclusion on any list of names submitted by any professional organization, association or other group that has been approved by the Director.

     (Added to NAC by Dep’t of Commerce, eff. 4-30-92)

DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION

     NAC 232.210  Definitions. (NRS 232.945)  As used in NAC 232.210 to 232.330, inclusive, unless the context otherwise requires, the words and terms defined in NAC 232.220 and 232.240 have the meanings ascribed to them in those sections.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

     NAC 232.220  “Administrator” defined. (NRS 232.945)  “Administrator” means the Administrator of the Division.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

     NAC 232.240  “Division” defined. (NRS 232.945)  “Division” means the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

     NAC 232.300  Advisory opinion: Request for issuance; action by Administrator. (NRS 232.945, 233B.120)

     1.  Except as otherwise provided in subsection 3, a person may request that the Administrator issue an advisory opinion concerning the applicability of a statute, regulation or decision of the Administrator.

     2.  A request for an advisory opinion must be in writing and set forth:

     (a) The name and address of the person requesting the advisory opinion;

     (b) A clear and concise statement of the specific question for which the advisory opinion is being sought; and

     (c) A statement of the facts that support the advisory opinion being sought.

     3.  A person may not request an advisory opinion concerning a question or matter that is an issue in a pending administrative, civil or criminal proceeding.

     4.  The Administrator will review a request for an advisory opinion and issue a response within 30 days after receiving the request.

     5.  An advisory opinion issued by the Administrator will be limited to the facts and circumstances set forth in the request.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

     NAC 232.310  Advisory opinion: Oral response to request. (NRS 232.945, 233B.120)  The Administrator will not render an oral advisory opinion to a request for an advisory opinion. An oral response, including, without limitation, a response given over the telephone, by a member of the staff of the Administrator is not a decision or an official advisory opinion of the Administrator.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

     NAC 232.320  Petition for declaratory order: Filing; contents; action by Administrator. (NRS 232.945, 233B.120)

     1.  Except as otherwise provided in subsection 4, a person may file a petition with the Administrator requesting that the Administrator issue a declaratory order concerning the applicability of a statute, regulation or decision of the Administrator.

     2.  A person who files a petition for a declaratory order must file with the Administrator the original and two copies of the petition.

     3.  A petition for a declaratory order must include:

     (a) The name and address of the petitioner;

     (b) The reason for requesting the declaratory order;

     (c) A statement of the facts that support the petition for a declaratory order; and

     (d) A clear and concise statement of the question or matter to be decided by the Administrator.

     4.  A person may not file a petition for a declaratory order concerning a question or matter that is an issue in a pending administrative, civil or criminal proceeding.

     5.  The Administrator may refuse to review a petition that requests the issuance of a declaratory order if:

     (a) The original petition is not accompanied by two copies of the petition; or

     (b) The petition does not contain the information required by subsection 3.

     6.  The Administrator may:

     (a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and may enter reasonable orders that govern the conduct of the hearing.

     (b) Request that the petitioner provide additional information or arguments relating to the petition.

     (c) Issue a declaratory order based on the contents of the petition and any material submitted with the petition.

     (d) Consider relevant decisions that have been issued by the Administrator or any other entity which apply or interpret the statute, regulation or decision in question.

     (e) Consider any other information the Administrator determines is relevant to the question or matter to be decided by the Administrator.

     (f) Enter any reasonable order to assist his or her review of the petition.

     7.  The Administrator will maintain a record of the declaratory order that is indexed by subject matter and will mail a copy of the declaratory order to the petitioner within 60 days after:

     (a) The petition is filed;

     (b) A hearing is conducted concerning the petition; or

     (c) Any additional information or written argument is received by the Administrator,

Ê whichever occurs later.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

     NAC 232.330  Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator. (NRS 232.945, 233B.100)

     1.  Any person who wishes to petition for the adoption, filing, amendment or repeal of a regulation of the Administrator must file with the Administrator the original and two copies of the petition.

     2.  A petition for the adoption, filing, amendment or repeal of a regulation must include:

     (a) The name and address of the petitioner;

     (b) A clear and concise statement, including, if applicable, the proposed language of the regulation to be adopted, filed, amended or repealed;

     (c) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation; and

     (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation.

     3.  The Administrator may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if:

     (a) The original petition is not accompanied by two copies of the petition; or

     (b) The petition does not contain the information required by subsection 2.

     4.  The Administrator will notify the petitioner in writing of his or her decision with regard to the petition within 30 days after the petition is filed.

     (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT

     NAC 232.400  Definitions. (NRS 232.162)  As used in NAC 232.400 to 232.480, inclusive, unless the context otherwise requires, the words and terms defined in NAC 232.405 to 232.450, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.405  “Anthropogenic disturbance” defined. (NRS 232.162)  “Anthropogenic disturbance” means any direct or indirect adverse impact to the greater sage-grouse or the habitat of the greater sage-grouse, as determined by the Sagebrush Ecosystem Council.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.410  “Credit” defined. (NRS 232.162)  “Credit” means a unit of habitat conservation of the greater sage-grouse as quantified pursuant to the habitat quantification tool or other method approved by the Sagebrush Ecosystem Council.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.413  “De minimis impact” defined. (NRS 232.162)  “De minimis impact” means an anthropogenic disturbance for which the adverse impact to the greater sage-grouse or the habitat of the greater sage-grouse has been determined by the Sagebrush Ecosystem Council to be minor or trivial.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.415  “Debit” defined. (NRS 232.162)  “Debit” means a unit of loss or degradation of habitat of the greater sage-grouse caused by an anthropogenic disturbance as quantified pursuant to the habitat quantification tool.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.420  “Greater sage-grouse” defined. (NRS 232.162)  “Greater sage-grouse” means the species of bird classified as Centrocercus urophasianus.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.423  “Habitat quantification tool” defined. (NRS 232.162)  “Habitat quantification tool” means the science-based method of calculating debits and credits in the Nevada Conservation Credit System.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.430  “Mineral exploration” defined. (NRS 232.162)  “Mineral exploration” means the exploration of gas, oil, coal and other gaseous, liquid and solid hydrocarbons, oil shale, cement material, sand, gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, precious metals, base metals and industrial minerals.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.433  “Nevada Conservation Credit System” defined. (NRS 232.162)  “Nevada Conservation Credit System” means the system established by the Sagebrush Ecosystem Council pursuant to NRS 232.162 that calculates:

     1.  Debits that will be caused by a proposed activity or a project.

     2.  Credits that are created to protect, enhance or restore sagebrush ecosystems.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.438  “Program Manager” defined. (NRS 232.162)  “Program Manager” means the program manager of the Sagebrush Ecosystem Technical Team.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.440  “Public lands” defined. (NRS 232.162)  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands to which title is held by any private person, private entity or local government.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.445  “Sagebrush Ecosystem Council” defined. (NRS 232.162)  “Sagebrush Ecosystem Council” means the Sagebrush Ecosystem Council created by NRS 232.162.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.447  “Sagebrush Ecosystem Technical Team” defined. (NRS 232.162)  “Sagebrush Ecosystem Technical Team” means the interagency technical team created by the Governor pursuant to Executive Order No. 2012-19 to support the Sagebrush Ecosystem Council.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.450  “Verifier” defined. (NRS 232.162)  “Verifier” means a person trained and certified by the Sagebrush Ecosystem Technical Team to use the habitat quantification tool for the purpose of calculating:

     1.  The debits related to an anthropogenic disturbance; and

     2.  The number of credits necessary to offset such debits.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.460  Applicability. (NRS 232.162)

     1.  Except as otherwise provided in this section and to the extent it is not prohibited by federal law, the provisions of NAC 232.400 to 232.480, inclusive, apply to any person or entity that proposes an activity or project on public lands subject to state or federal review, approval or authorization, that will cause an anthropogenic disturbance.

     2.  The provisions of NAC 232.400 to 232.480, inclusive, do not apply to:

     (a) A direct anthropogenic disturbance on private lands;

     (b) An activity or project which was approved by all relevant federal agencies and state agencies before December 7, 2018, so long as the activity or project maintains compliance with any condition or requirement for any such approval;

     (c) An activity or project using a mitigation agreement or framework agreement for greater sage-grouse signed by the United States Fish and Wildlife Service before December 7, 2018, and any amendments thereto;

     (d) A mineral exploration project which is limited to a surface disturbance of not more than 5 acres;

     (e) An activity or project that:

          (1) Is necessary to protect public health or safety; or

          (2) Will have a de minimis impact to greater sage-grouse and sagebrush ecosystems in this State; or

     (f) Any emergency activity or routine administrative activity that:

          (1) Is performed by a federal agency, state agency, local government or utility for a public purpose; and

          (2) Does not require any additional approval from the Federal Government or the State.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.470  Duties of person or entity proposing activity or project on public lands that will cause anthropogenic disturbance; submission of certain information to Sagebrush Ecosystem Technical Team; criteria for approval of mitigation plan by Council. (NRS 232.162)

     1.  Any person or entity that proposes an activity or a project on public lands, subject to state or federal review, approval or authorization, that will cause an anthropogenic disturbance shall:

     (a) Submit to the Sagebrush Ecosystem Technical Team sufficient information for determining the adverse impact the proposed activity or project will have to the greater sage-grouse or the habitat of the greater sage-grouse, including, without limitation, geographic information system data files and work with the Sagebrush Ecosystem Technical Team to avoid and minimize such adverse impact to the greatest extent possible; and

     (b) Have the direct and indirect impacts of the anthropogenic disturbance:

          (1) Quantified by a verifier in terms of the number of debits that the activity or project will cause. Upon completion of his or her calculations, the verifier shall submit the calculations to the Program Manager. The Program Manager shall use the habitat quantification tool and available field data to conduct a quality assurance of the calculations of the verifier not later than 30 days after the verifier submits his or her final calculations to the Program Manager. If there is a difference between the calculations of debits by the verifier and Program Manager, the Program Manager will work with the verifier to finalize the calculation. If there is still a difference between the calculations of debits by the verifier and the Program Manager, the calculations of debits by the Program Manager apply to the activity or project; and

          (2) Mitigated by:

               (I) Acquiring from or transferring a sufficient number of credits in the Nevada Conservation Credit System to offset the number of debits determined pursuant to subparagraph (1); or

               (II) Developing a mitigation plan with the Sagebrush Ecosystem Technical Team approved by the Sagebrush Ecosystem Council pursuant to subsection 2 that will generate enough credits to offset the direct and indirect adverse impacts the proposed activity or project will have to the greater sage-grouse or the habitat of the greater sage-grouse.

     2.  In determining whether to approve a mitigation plan, the Sagebrush Ecosystem Council must consider:

     (a) The conservation actions that are included in the plan and the number of credits to be generated from such conservation actions;

     (b) The location where the credits will be generated;

     (c) The length of time necessary to generate the credits;

     (d) The length of time the credits will be maintained;

     (e) Whether the credit durability provisions of the plan include appropriate mechanisms to ensure that a sufficient number of credits will be maintained for the appropriate amount of time; and

     (f) Whether the financial provisions ensure maintenance of the credits for the duration of the activity or project.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.475  Issuance of certification of mitigation by Program Manager; compliance with terms set forth in certification. (NRS 232.162)

     1.  Not later than 10 working days after completion of the process set forth in NAC 232.470, the Program Manager must issue to the person or entity that is proposing the activity or project a certification of mitigation that sets forth:

     (a) The number of credits that the person or entity will acquire from or transfer to the Nevada Conservation Credit System; or

     (b) The mitigation plan approved by the Sagebrush Ecosystem Council pursuant to NAC 232.470 that will mitigate the direct and indirect adverse impacts that the proposed activity or project will have to the greater sage-grouse or the habitat of the greater sage-grouse.

     2.  The person or entity to whom a certification of mitigation is issued must ensure compliance with the terms set forth in the certification of mitigation for the duration of the activity or project.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)

     NAC 232.480  Training and certification of verifiers by Sagebrush Ecosystem Technical Team; maintenance of list of trained and certified verifiers. (NRS 232.162)  The Sagebrush Ecosystem Technical Team shall:

     1.  Train and certify persons to be verifiers; and

     2.  Maintain a list on the Internet website of the Sagebrush Ecosystem Program of all verifiers who have been so trained and certified for the current calendar year.

     (Added to NAC by Sagebrush Ecosystem Council by R024-19, eff. 10-30-2019)