NRS 544.010 to 544.060 ,
inclusive, may be cited as the Weather Modification Research Law.
(Added to NRS by 1961, 668)
As used in NRS 544.010 to 544.060 ,
inclusive, unless the context otherwise requires:
1. “Department” means the State Department of Conservation and
Natural Resources.
2. “Director” means the Director of the State Department of
Conservation and Natural Resources.
(Added to NRS by 1961, 668)
The Department may conduct
weather modification research programs.
(Added to NRS by 1961, 668)
In areas where weather modification research is to be
carried on, the counties involved may give such financial assistance as
the Director and the board of county commissioners shall determine, but
such financial assistance shall aggregate for the counties involved an
amount not less than 25 percent of the amount paid by the State for such
program.
(Added to NRS by 1961, 668)
Counties in
cooperating with the Director in conducting any weather modification
program in fulfillment of the purposes of NRS 544.010 to 544.060 ,
inclusive, are authorized to enter into 5-year agreements with the
Director.
(Added to NRS by 1961, 669; A 1975, 576)
In carrying out
the purposes of NRS 544.010 to 544.060
, inclusive, the Director shall utilize
to the fullest possible extent the facilities and technical resources of
the Desert Research Institute of the Nevada System of Higher Education.
(Added to NRS by 1961, 669; A 1969, 1443; 1993, 413)
REGULATION OF OPERATIONS
As used in NRS 544.070 to 544.240 ,
inclusive, unless the context requires otherwise:
1. “Director” means the Director of the State Department of
Conservation and Natural Resources.
2. “Operation” means:
(a) The performance of weather modification and control activities
pursuant to a single contract entered into for the purpose of producing,
or attempting to produce, a certain modifying effect within one
geographical area over one continuing time interval not exceeding 1 year;
or
(b) If the performance of weather modification and control
activities is to be undertaken individually or jointly by a person or
persons to be benefited and not undertaken pursuant to a contract, the
performance of weather modification and control activities entered into
for the purpose of producing, or attempting to produce, a certain
modifying effect within one geographical area over one continuing time
interval not exceeding 1 year.
3. “Research and development” means theoretical analysis,
exploration and experimentation and the extension of investigative
findings and theories of a scientific or technical nature into practical
application for experimental and demonstration purposes, including the
experimental production and testing of models, devices, equipment,
materials and processes.
4. “Weather modification and control” means changing or
controlling, or attempting to change or control, by artificial methods
the natural development of any or all atmospheric cloud forms or
precipitation forms which occur in the troposphere.
(Added to NRS by 1961, 691; A 1997, 2090; 1999, 520 , 542 )
In the performance of his functions
the Director may, in addition to any other acts authorized by law:
1. Establish advisory committees to advise with and make
recommendations to the Director concerning legislation, policies,
administration, research and other matters.
2. Establish by regulation or order such standards and
instructions to govern the carrying out of research or projects in
weather modification and control as he may deem necessary or desirable to
minimize danger to health or property, and make such regulations as are
necessary in the performance of his powers and duties.
3. Make such studies, investigations, obtain such information and
hold such hearings as he may deem necessary or proper to assist him in
exercising his authority or in the administration or enforcement of NRS
544.070 to 544.240 , inclusive, or any regulations or orders
issued thereunder.
4. Appoint and fix the compensation of such personnel, without
compliance with the provisions of chapter 284
of NRS, including specialists and consultants, as are necessary to
perform his duties and functions.
5. Acquire, in the manner provided by law, such materials,
equipment and facilities as are necessary to perform his duties and
functions.
6. Cooperate with public or private agencies in the performance of
his functions or duties and in furtherance of the purposes of NRS 544.070
to 544.240 , inclusive.
7. Represent the State in any and all matters pertaining to plans,
procedures or negotiations for interstate compacts relating to weather
modification and control.
8. With approval of the Governor, enter into cooperative
agreements with the various counties and cities of this State or with any
private or public agencies for conducting weather modification or cloud
seeding operations.
9. Act for and represent the State and the counties, cities and
private or public agencies in contracting with private concerns for the
performance of weather modifications or cloud seeding operations.
(Added to NRS by 1961, 692)
The Director
shall exercise his powers in such manner as to promote the continued
conduct of research and development activities in the fields specified
below by private or public institutions or persons and to assist in the
acquisition of an expanding fund of theoretical and practical knowledge
in such fields. To this end the Director may conduct, and make
arrangements including contracts and agreements for the conduct of,
research and development activities relating to:
1. The theory and development of methods of weather modification
and control, including processes, materials and devices related thereto.
2. Utilization of weather modification and control for
agricultural, industrial, commercial and other purposes.
3. The protection of life and property during research and
operational activities.
(Added to NRS by 1961, 693)
In the
case of hearings held pursuant to NRS 544.220 , the Director shall, and in other cases may,
cause a record of all proceedings to be taken and filed with the
Director, together with his findings and conclusions. For any hearing,
the Director or a representative designated by him may issue, in the name
of the Director, subpoenas requiring any person to appear and testify or
to appear and produce documents at any designated place.
(Added to NRS by 1961, 693; A 1981, 89)
The Director may,
subject to any limitations otherwise imposed by law, receive and accept
for and in the name of the State any money which may be offered or become
available from federal grants or appropriations, private gifts, donations
or bequests, or from any other source, and may expend the money, unless
its use is restricted and subject to any limitations otherwise provided
by law, for the administration of NRS 544.070 to 544.240 ,
inclusive, and for the encouragement of research and development by a
state or public or private agency, either by direct grant, by contract or
other cooperative means.
(Added to NRS by 1961, 693; A 1979, 118)
Except as provided in NRS 544.130
, no person shall engage in activities
for weather modification and control except under and in accordance with
a license and a permit issued by the Director authorizing such activities.
(Added to NRS by 1961, 693)
The Director, to the extent he deems
practical, shall provide by regulation for exempting from the license,
permit and liability requirements of NRS 544.070 to 544.240 ,
inclusive:
1. Research and development and experiments by state and federal
agencies, institutions of higher learning and bona fide nonprofit
research organizations.
2. Laboratory research and experiments.
3. Activities required in emergencies for protection against fire,
frost, sleet or fog.
4. Activities normally engaged in for purposes other than those of
inducing, increasing, decreasing or preventing precipitation or hail.
(Added to NRS by 1961, 693; A 1967, 159)
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
license to engage in activities for weather modification and control
shall submit to the Director the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The
statement must be completed and signed by the applicant.
2. The Director shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Director.
3. A license to engage in activities for weather modification and
control may not be issued or renewed by the Director if the applicant is
a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Director shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2089)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the Director receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license to engage in activities for weather modification and
control, the Director shall deem the license issued to that person to be
suspended at the end of the 30th day after the date on which the court
order was issued unless the Director receives a letter issued to the
holder of the license by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
2. The Director shall reinstate a license to engage in activities
for weather modification and control that has been suspended by a
district court pursuant to NRS 425.540
if the director receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2090)
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] The application of a natural person who applies
for the issuance of a license to engage in activities for weather
modification and control must include the social security number of the
applicant.
(Added to NRS by 1997, 2090)
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Licenses to engage in activities for weather modification and
control must be issued to an applicant who:
(a) Pays the fee required pursuant to subsection 2;
(b) If the applicant is a natural person, submits the statement
required pursuant to NRS 544.132 ; and
(c) Demonstrates, to the satisfaction of the Director, competence
in the field of meteorology reasonably necessary to engage in activities
for weather modification and control.
2. If the applicant is an organization, the requirements set forth
in paragraphs (a) and (c) of subsection 1 must be met by the person or
persons who are to be in control and in charge of the operation for the
applicant.
3. The Director shall issue licenses in accordance with such
procedures and subject to such conditions as he may by regulation
establish to effectuate the provisions of NRS 544.070 to 544.240 ,
inclusive. Each license must be issued for a period to expire at the end
of the calendar year in which it is issued and, if the licensee possesses
the qualifications necessary for the issuance of a new license, the
license must, upon application, be renewed at the expiration of that
period. A license must be issued or renewed only upon the payment to the
Director of $100 for the license or the renewal thereof.
(Added to NRS by 1961, 694; A 1997, 2091)
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Licenses to engage in activities for weather modification and
control shall be issued to applicants therefor who pay the license fee
required and who demonstrate, to the satisfaction of the Director,
competence in the field of meteorology reasonably necessary to engage in
activities for weather modification and control. If the applicant is an
organization, these requirements shall be met by the individual or
individuals who are to be in control and in charge of the operation for
the applicant.
2. The Director shall issue licenses in accordance with such
procedures and subject to such conditions as he may by regulation
establish to effectuate the provisions of NRS 544.070 to 544.240 ,
inclusive. Each license must be issued for a period to expire at the end
of the calendar year in which it is issued and, if the licensee possesses
the qualifications necessary for the issuance of a new license, such
license shall, upon application, be renewed at the expiration of that
period. A license shall be issued or renewed only upon the payment to the
Director of $100 for the license or the renewal thereof.
(Added to NRS by 1961, 694; A 1997, 2091, effective on the date of
the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings)
The Director
shall issue permits in accordance with such procedures and subject to
such conditions as he may by regulation establish to effectuate the
provisions of NRS 544.070 to 544.240
, inclusive, only:
1. If the applicant is licensed pursuant to NRS 544.070 to 544.240 ,
inclusive.
2. If a sufficient notice of intention is published and proof of
publication is filed as required by NRS 544.180 .
3. If the applicant furnishes proof of financial responsibility,
as provided in NRS 544.190 , in an
amount as may be determined by the Director but not to exceed $20,000.
4. If the fee for a permit is paid as required by NRS 544.200
.
(Added to NRS by 1961, 694)
A separate permit
shall be issued for each operation. Prior to undertaking any weather
modification and control activities the licensee shall file with the
Director and also cause to be published a notice of intention. The
licensee, if a permit is issued, shall confine his activities for the
permitted operation substantially within the time and area limits set
forth in the notice of intention, unless modified by the Director, and
his activities shall also substantially conform to any conditions imposed
by the Director upon the issuance of the permit or to the terms of the
permit as modified after issuance.
(Added to NRS by 1961, 694)
The notice of
intention shall set forth at least all the following:
1. The name and address of the licensee.
2. The nature and object of the intended operation and the person
or organization on whose behalf it is to be conducted.
3. The area in which and the approximate time during which the
operation will be conducted.
4. The area which is intended to be affected by the operation.
5. The materials and methods to be used in conducting the
operation.
(Added to NRS by 1961, 694)
1. The applicant shall cause the notice of intention, or that
portion thereof including the items specified in NRS 544.170 , to be published at least once a week for 3
consecutive weeks in a newspaper having a general circulation and
published within any county in which the operation is to be conducted and
in which the affected area is located, or, if the operation is to be
conducted in more than one county or if the affected area is located in
more than one county or is located in a county other than the one in
which the operation is to be conducted, then in a newspaper having a
general circulation and published within each of such counties. In case
there is no newspaper published within the appropriate county,
publication shall be made in a newspaper having a general circulation
within the county.
2. Proof of publication, made in the manner provided by law, shall
be filed by the licensee with the Director within 15 days from the date
of the last publication of the notice.
(Added to NRS by 1961, 695)
Proof of financial
responsibility may be furnished by an applicant by his showing, to the
satisfaction of the Director, his ability to respond in damages for
liability which might reasonably be attached to or result from his
weather modification and control activities in connection with the
operation for which he seeks a permit; but the applicant need not show
ability to respond in damages for liability resulting from precipitation
caused by weather modification experiments.
(Added to NRS by 1961, 695; A 1967, 159)
The fee to be paid by each
applicant for a permit shall be equivalent to 1 1/2 percent of the
estimated cost of such operation, such cost to be estimated by the
Director from the evidence available to him. The fee is due and payable
to the Director as of the date of the issuance of the permit, but if the
applicant is able to give to the Director satisfactory security for the
payment of the balance, he may be permitted to commence the operation,
and a permit may be issued therefor, upon the payment of not less than 50
percent of the fee. The balance due shall be paid within 3 months from
the date of the termination of the operation as prescribed in the permit.
Failure to pay a permit fee as required is grounds for suspension or
revocation of the license of the delinquent permit holder and grounds for
refusal to renew his license or to issue any further permits to such
person.
(Added to NRS by 1961, 695)
1. Each licensee shall keep and maintain a record of all
operations conducted by him pursuant to his license and each permit,
showing the method employed, the type of equipment used, materials and
amounts thereof used, the times and places of operation of the equipment,
the name and post office address of each individual participating or
assisting in the operation other than the licensee, and such other
general information as may be required by the Director, and shall report
the same to the Director at the time and in the manner required by the
Director.
2. The Director shall require written reports in such manner as he
provides but not inconsistent with the provisions of NRS 544.070 to 544.240 ,
inclusive, covering each operation for which a permit is issued. The
Director shall also require written reports from such organizations as
are exempt from the license, permit and liability provisions of NRS
544.130 .
3. All information on an operation shall be submitted to the
Director before any information on such operation may be released to the
public.
4. The reports and records in the custody of the Director shall be
open for public examination.
(Added to NRS by 1961, 695)
1. The Director may suspend or revoke any license or permit issued
if it appears that the licensee no longer possesses the qualifications
necessary for the issuance of a new license or permit. The Director may
suspend or revoke any license or permit if it appears that the licensee
has violated any of the provisions of NRS 544.070 to 544.240 ,
inclusive. Such suspension or revocation shall occur only after notice to
the licensee and a reasonable opportunity granted such licensee to be
heard respecting the grounds for the proposed suspension or revocation.
The Director may refuse to renew the license of, or to issue another
permit to, any applicant who has failed to comply with any provisions of
NRS 544.070 to 544.240 , inclusive.
2. The Director may modify the terms of a permit after issuance
thereof if the licensee is first given notice and a reasonable
opportunity for a hearing respecting the grounds for the proposed
modification and if it appears to the Director that it is necessary for
the protection of the health or the property of any person to make the
modification proposed.
(Added to NRS by 1961, 696)
070 to 544.240 ,
inclusive. Nothing in NRS 544.070 to
544.240 , inclusive, shall be construed
to impose or accept any liability or responsibility on the part of the
State or any state officials or employees for any weather modification
and control activities of any private person or group, or to affect in
any way any contractual, tortious or other legal rights, duties or
liabilities between any private persons or groups.
(Added to NRS by 1961, 696)
Any person violating any of the provisions
of NRS 544.070 to 544.240 , inclusive, or any lawful regulation or order
issued pursuant thereto shall be guilty of a misdemeanor and a continuing
violation is punishable as a separate offense for each day during which
it occurs.
(Added to NRS by 1961, 696)
|
