NAC321.466. Agreement between Division and recipient of money: Miscellaneous requirements.

The Division and the recipient of any money pursuant to a grant, contract or agreement pursuant to NAC 321.454 shall enter into an agreement that requires the recipient to:

     1. Provide a matching contribution of not less than the amount specified in NAC 321.462.

     2. Provide a plan for the operation and maintenance of the project for not less than 20 years after the project is completed.

     3. Agree to:

     (a) Ownership of a full or partial interest in any property that is necessary for the project;

     (b) Include pertinent nonrevocable deed restrictions and appropriate reversionary clauses to ensure that at all times the land is maintained in a manner consistent with the purpose of the Program; and

     (c) Include a stewardship statement that addresses maintenance, monitoring and enforcement of weed control, dust control and other related issues.

     4. Agree to any additional conditions that the Administrator determines are necessary to carry out the purposes of NAC 321.400 to 321.466, inclusive, or the intent of the Program, including, without limitation, the posting of a performance bond by the recipient.

     5. Obtain such easements for conservation or other interests in land in perpetuity, or as otherwise approved by the Administrator, as are necessary to carry out the project. The Administrator must approve the easements. The Administrator may require that the easement for conservation or other interest in land be held by the State.

     6. Acknowledge that any interest in land or water acquired by the State or a nonprofit organization pursuant to the Program must:

     (a) Be acquired and held by the Division pursuant to chapter 321 of NRS; and

     (b) Not be acquired by condemnation or the power of eminent domain.

     7. Maintain an accurate accounting of all expenditures made from money received pursuant to the Program and allow the Division to review the accounting upon request.

     8. If the recipient requests that the entire amount of the grant or a portion thereof be provided in advance, demonstrate an extraordinary need and enter into an agreement with the Division that delineates the specific reporting methods that will be used, including, without limitation, quarterly expenditure reports and a project status report that details the timeliness of the project.

     9. Provide the Division with detailed invoices on a consistent basis as agreed upon by the Division and the recipient to ensure timely and accurate disbursement of grant money.

     (Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)