NAC527.300. Acceptance of plan approved by federal land management agency; review of new or amended plan by Division and federal agency.

     1. Except as otherwise provided in subsection 2, in lieu of the project plan and mitigation activities plan required pursuant to NAC 527.280, the Division will accept a plan approved by the Bureau of Land Management, United States Forest Service or another federal land management agency only if:

     (a) The project plan and mitigation activities will be implemented solely on land administered by the federal land management agency that approved the plan; and

     (b) The plan addresses the plants on the list of fully protected species of native flora and the habitat of such plants that will be affected by the proposed project, including, without limitation, mitigation activities specifically directed to the listed species, so that it reasonably can be concluded that the review of the plan by the federal agency was substantially equivalent to the review the Division would give a plan submitted with an application pursuant to NAC 527.280.

     2. In addition to the requirements of subsection 1, if the project and mitigation activities will be partly implemented on private land and partly on land administered by a federal land management agency, the federal agency must enter into an agreement or memorandum of understanding with the Division that provides for review by the Division of those portions of the proposed project and mitigation activities occurring on private land to ensure the activities comply with NAC 527.010 to 527.500, inclusive.

     3. When a person conducting a project approved by a federal land management agency submits a new or amended plan to the federal agency for review, the person shall file a copy of the new or amended plan with the Division so that the Division can conduct a review concurrently with the review performed by the federal agency.

     (Added to NAC by St. Forester Firewarden by R056-01, eff. 11-1-2001)