MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
February 1, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:43 a.m., on Monday, February 1, 1993, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator R. Hal Smith, Chairman
Senator Dean A. Rhoads, Vice Chairman
Senator Ernest E. Adler
Senator Thomas J. Hickey
Senator Mark A. James
Senator Joseph M. Neal, Jr.
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Fred Welden, Chief Deputy Research Director, Legislative Counsel
Bureau
Pamela B. Wilcox, Administrator, Division of State Lands,
Department of Conservation and Natural Resources
John Richardson, Administrator, Division of State Parks,
Department of Conservation and Natural Resources
Wayne Perock, Chief, Field Operations, Division of State
Parks
Steve Weaver, Chief, Planning and Development, Division of State
Parks
David Ziegler, Executive Director, Tahoe Regional Planning
Agency
* * * * *
Senator Hickey, who had chaired an interim subcommittee studying Nevada State Parks, was invited by Chairman Smith to make a few comments on the subject. Further comments and testimony made by Senator Hickey is contained in Exhibit C.
Fred Welden, Chief Deputy Research Director, Legislative Counsel Bureau, introduced himself to members of the committee. Mr. Welden referred to a handout, entitled "Study of State Parks" (Exhibit D - original in research library). He continued by saying this publication contained a concise history of Nevada's state parks. Further testimony by Mr. Welden is contained in Exhibit D.
Senator Hickey emphasized the interim subcommittee received a considerable amount of testimony in support of creating a state park foundation. Due to widespread support, the subcommittee adopted a recommendation directing, by resolution, the Division of State Parks to work with interested citizens in establishing a non-profit organization, entitled "Nevada State Park Founda-tion" (NSPF).
Senator Hickey said it was his hope that $100,000 could be raised to initially set up the NSPF. He said staff could then begin to increase public awareness of the state park system, in addition to developing financial support for park facilities and programs.
Senator Hickey said it is hoped the NSPF will be able to raise monies to supplement the state parks budget. He was very concerned about the low staffing levels at many of Nevada's state parks and emphasized the cost to the state will be much greater in the future to fix today's problems.
Considerable discussion ensued about the origin of the request to perform a study of the state park system. Mr. Welden remarked the Legislative Commission requested that this study be done.
Mr. Welden gave an overview of the Tahoe Regional Planning Compact (TRPC). Excerpts of his comments and testimony is contained in Exhibit E (original in research library).
Senator Rhoads wondered, if the states of Nevada and California supported the modifications to the TRPC, why had congress not acted. He asked Mr. Welden if he knew who had expressed opposition to the amendments. Mr. Welden responded by pointing out everything dealing with the Tahoe Basin is controversial. He said at least one or both of the congressional senators representing California State opposed various aspects of the TRPC compact amendments. He imagined the concern may be stemming from a major amendment which changes the structure of the Nevada TRPC delegation.
Pamela B. Wilcox, Administrator, Division of State Lands, Department of Conservation and Natural Resources, introduced herself to members of the committee. Exhibit F contains an outline of Ms. Wilcox's testimony. Her comments to the committee regarding the State Land Use Planning Agency are contained in Exhibit G.
Senator Hickey inquired if there was an interrelationship between the State Land Use Planning Agency (SLUPA) and the federal Environmental Protection Agency (EPA) in relation to small community solid waste dumps. Ms. Wilcox responded by saying most of the solid waste planning program was being handled by the Division of Environmental Protection (DEP). However, she pointed out SLUPA was working with the community of Baker in the development of a master plan, including waste management.
Senator Hickey wondered how just one Land Use Planner in the Division of State Lands could meet all of the demands made upon him. Ms. Wilcox admitted their Land Use Planner was busy, and emphasized SLUPA was very concerned about rectifying the under-staffing problem.
Senator Hickey asked Ms. Wilcox to supply him with a memorandum indicating how SLUPA intended to work with the EPA. He expressed his concern about ensuring adequate staffing levels due to the tight time frames involved.
Senator Rhoads asked if SLUPA ever assisted Nevada's smaller communities with cultural planning. Ms. Wilcox responded by saying SLUPA developed plans, in the 1983 to 1985 interim, for every county and a statewide policy plan for federal lands. She said these plans have not been updated since that time due to staffing restrictions. Ms. Wilcox stressed these plans attempted to convince federal land management agencies to respect the culture and customs unique to each community.
Senator Rhoads asked Ms. Wilcox to conduct an investigation into a law suit which had recently taken place in Canton County, New Mexico. Ms. Wilcox promised to look into the issue.
Ms. Wilcox continued by commenting on another handout she had provided to members of the committee, entitled "Nevada Division of Conservation Districts Profile" (Exhibit H).
Ms. Wilcox then presented a brief slide show demonstrating the various functions and on-going activities of the Nevada Division of Conservation Districts (DCD) in land use planning across Nevada State. She stressed the DCD will be affected by the proposed reorganization of state agencies and the State Conservation Commission will be consolidated into a new board, called the "Natural Resources Board." Ms. Wilcox explained the DCD would be eliminated by the reorganization plan.
Senator Hickey asked Ms. Wilcox to provide members of the committee with information showing the organizational structure of the DCD.
Ms. Wilcox reviewed the "Tahoe Bond Act Capital Improvements Program Final Report" with members of the committee (Exhibit I -original in research library). She commented the Tahoe Bond Act has been a very successful program. The only complaint she had received on the bond program was attributed to the fact the program's money was depleted before all of the Lake Tahoe projects were completed.
Ms. Wilcox briefly reviewed a 1-page handout, entitled (Tahoe Bond Program Status Report" (Exhibit J). She continued by commenting on another program, which had been approved by the voters, requiring the DCD to acquire water rights in the Lahontan Valley to benefit the wet lands. Ms. Wilcox quickly reviewed the 1-page handout, entitled "Lahontan Valley Wetlands Water Rights Acquisitions" (Exhibit K).
Senator Hickey asked how much more time will the DCD have to complete the purchase of Lahontan Valley wet lands. Ms. Wilcox said she is hoping to move as quickly as possible, but explained she is somewhat limited due to the fact she is working coopera-tively with a similar federal program. She testified the issue of water rights acquisition was a complex issue requiring sensitivity to the impacts on the local community. Ms. Wilcox assured members of the committee the DCD was cooperating with local government representatives in an effort to mitigate the impacts of these water rights acquisitions. She concluded by saying approximately 60 percent of the $5 million allocated for water rights acquisition has been committed.
Senator Hickey inquired if the acquisition, to date, of Lahontan Valley Wetlands has been settled peacefully. Ms. Wilcox said the federal and state acquisition programs may, potentially, acquire at least half of the water in the area--putting half of the agricultural land out of production. She asserted represen-tatives of Churchill County are attempting to determine what agricultural land should remain in production. In the meantime, the DCD is attempting to move on with the purchase of lands which are not in dispute.
Ms. Wilcox stressed that, unlike federal lands, state lands are managed as assets to the state, but could be made available to private parties or local government at fair market value only. She asserted Nevada has very little in the way of the total acreage--less than one percent of total land in Nevada. She briefly reviewed an additional handout, entitled "State Lands" (Exhibit L).
Ms. Wilcox quickly summarized the contents of a 1-page handout, entitled "January 1991 - January 1993 State Property Acquisi-tions" (Exhibit M). She also drew attention to the lands most recently acquired for the Capitol Complex Parking Lot, which are outlined on Exhibit N.
Senator Rhoads referred to the Holman land gift to the Division of State Parks. Ms. Wilcox said a special law, applying to state parks only, allows the Nevada State Governor to directly accept gifts to the parks system.
Ms. Wilcox presented another slide show regarding the acquisition of land along the Carson River, from Brunswick Canyon through Fort Churchill State Park to the Lahontan Reservoir.
Senator Rhoads asked if the DCD intended to lease any of the fields adjacent to the Carson River to local ranchers for grazing purposes. Ms. Wilcox explained the state intends to lease the lands along the river for grazing purposes until the Division of State Parks has the funding to develop plans for the area.
John Richardson, Administrator, Division of State Parks, Department of Conservation and Natural Resources, introduced himself to members of the committee. He presented a slide show addressing the areas in Nevada which the Division of State Parks (DSP) manages. Further comments and testimony by Mr. Richardson is contained in Exhibit O.
Mr. Richardson introduced Wayne Perock, Chief of Field Operations, and Steve Weaver, Chief of Planning and Development with the Division of State Parks.
Senator Rhoads asked why the visitation rate at the state parks has dropped. Mr. Richardson said many of the state parks have been hurt by the 6-year drought. Senator Rhoads admitted he did not understand how the visitation rate could drop when the population of Nevada has been steadily rising and the number of state parks has increased. He continued by mentioning other states are thinking about having the private sector manage their state parks. Senator Rhoads inquired if Nevada was thinking about taking similar action. Mr. Richardson said he was aware of some privatization going on in certain areas; for instance, the forest service is pursuing this at Lake Tahoe in a couple of locations. He asserted he was not aware of any state parks system or specific state park that has gone to privatization. Mr. Richardson emphasized the visitation rate at a particular park has to be very high or the private sector would not be interested. He testified many state parks only charge in fees what is needed to cover expenses.
Senator Adler said he had received complaints from his consti-tuents regarding the deterioration of many of the state's parks. He asked Mr. Richardson to make a comparison of state parks staffing levels four years ago to the present. Mr. Perock responded by saying half of the maintenance positions at the state parks in the immediate (District 3) area were vacant. Senator Adler asked, "How long can the state parks continue in this direction and still hope to provide the services visitors expect to receive?" Mr. Perock said the DSP intended to keep the state parks open, but delaying routine maintenance services only temporarily defrays the cost of running the park. He emphasized the price tag of bringing the parks back up to their intended condition will cost much more in the long run.
Senator Adler asked if the three maintenance positions in District 3 would be replaced in this session's budget request. Mr. Perock said the positions will probably remain vacant, because the money just is not available. Senator Adler expressed his concern about the cost of returning state parks' grounds and buildings to their intended condition when the staffing levels come back on-line. Mr. Perock stressed the parks crews could not keep up with the required maintenance work, even at full staffing levels. Due to the present crisis-type management, he said a study indicated it would take three bienniums to bring the state parks back up to condition.
Senator Hickey said the state park with the highest visitor rate in Nevada was "Valley of Fire." He said tourists were being bused into the park until one of the main roads was washed out. There was not enough money in the NDOT or state parks budgets to repair this road, so the usage of the park dropped off dramati-cally. Senator Hickey stressed not enough attention has been given to address the problem of inadequate funding for the state's parks.
Senator Adler emphasized he has received letters from out-of-state individuals who are wondering why some of the rural parks are in such bad condition. He said our state parks are poten-tial money-makers and it was a crime to let them deteriorate this way.
David Ziegler, Executive Director, Tahoe Regional Planning Agency, introduced himself to members of the committee. He testified he did not think he could possibly describe all of the natural resource issues unique to the Tahoe Region. In the interest of saving time, he suggested he would narrow the focus of his testimony to a couple of areas.
Mr. Ziegler said the Tahoe Regional Planning Agency (TRPA) has responsibility in several areas. He continued by saying the TRPA: 1) sets the environmental standards for the Tahoe Region; 2) is responsible for adopting and, periodically, amending the regional plan to protect the region; 3) enforces the regional plan through compliance activities and the issuance of permits; and 4) is the lead planning agency in the technical areas of water and air quality, and transportation.
Mr. Ziegler explained, in 1991, the TRPA completed its first comprehensive 5-year review of the Tahoe Region's natural resources and the implementation of the regional plan (Exhibit P). He said this is the first major evaluation the TRPA was able to accomplish.
Mr. Ziegler emphasized a great deal has been accomplished, but a great deal remains to be done. He said the threat to environ-mental quality in the region is extremely serious. He asserted the water quality trends are adverse and will require constant long-term attention and management.
Mr. Ziegler reviewed the "Five-Year Strategic Plan" with members of the committee (Exhibit P). Instead of overwhelming the committee members with a comprehensive overview of how the TRPA works and its goals, Mr. Ziegler provided two additional handouts, entitled "TRPA Perspective" (Exhibits Q & R). He explained Exhibit Q contained specific information on the TRPA's 1991-92 Annual Report, and Exhibit R covered activities up through the winter of 1993.
Mr. Ziegler pointed out the Tahoe Regional Planning Compact, and Nevada Revised Statute (NRS) 277.200, sets out the TRPA's mission. He specified this mission is to attain environmental standards for the Tahoe Region and provide for orderly growth and development consistent with these standards.
Mr. Ziegler said TRPA staff have been working very hard to provide good service and be more responsive to the public by streamlining the regulatory process, becoming more efficient, stressing teamwork and collaboration in the region, and rebuilding the infrastructure and economy of the region. He said the TRPA has delegation agreements with three of the counties in the region. One of the most recent improvements achieved was the turnover of almost all residential permitting to Eldorado County--making it a one-stop permit location. Mr. Ziegler said the TRPA has reduced the turnaround time on its own permitting process.
Mr. Ziegler said progress has been made in the development of Transportation Management Associations (TMA) comprised of public and private individuals volunteering their time to work on managing transportation in the Tahoe Region.
Mr. Ziegler concluded his testimony by saying much has been accomplished, but millions of dollars will have to invested to stabilize the water quality trends.
Senator James commented he had grown up in Incline Village and realized the importance of being cognizant of the ecologically sensitive areas of Nevada. Mr. Ziegler stressed economic recovery depends upon, and cannot occur without, environmental protection. He mentioned water-borne transit is being considered as a viable means of transportation.
Senator James inquired if the TRPA was considering any other forms of mass transportation strategies to reduce the vehicle miles of travel (VMT) in the Tahoe Region. Mr. Ziegler said future plans include mass transit facilities and a light-rail system, which would run along U.S. Highway 50 connecting South Lake Tahoe, Stateline and the airport. He said plans were being developed for an improved tram connecting the south Stateline area to Heavenly Valley, and Tahoe City to Alpine Meadows and Squaw Valley. Mr. Ziegler said, in the short haul, the TRPA was considering rubber tire diesel-, gas- or natural gas-operated transit vehicles.
Senator Dean A. Rhoads addressed the committee by giving a brief history of why the Legislative Committee on Public Lands was originally formed in the early 1970's. He said its initial purpose was to explore why Nevada received such a small quantity of land when it was accepted into the Union in 1864. He said the "Sage Brush Rebellion" took place in 1979, the same year he introduced a bill which created an oversight committee to monitor federal authorities and their proposed actions affecting Nevada State.
Senator Rhoads testified the Legislative Committee on Public Lands provided an excellent forum for the discussion of public land matters with federal and state officials, as well as representatives of special interest groups and other concerned individuals. He called attention to the fact that the state of Nevada totals 70 million total acres in size, of which 61 million acres are owned by the federal government.
Senator Rhoads referred to a 184-page draft report summarizing the activities of the Legislative Committee on Public Lands during the most recent interim period. He said he hoped to provide committee members with finalized versions of this report in a few weeks.
Senator Rhoads commented the Public Lands committee held seven meetings during the interim period. He explained, during this time, the committee considered 31 recommendations for bills and resolutions. He commented 13 recommendations were approved for proposal to the Sixty-seventh Session. Senator Rhoads surmised these bills would, most likely, be assigned to the Senate Committee on Natural Resources.
Senator Rhoads clarified that, normally, the Public Lands committee does not meet during session. However, he pointed out it may be necessary to arrange a meeting in an effort to deal with certain items being discussed in the U.S. Congress. Senator Rhoads called attention to the fact there is a strong possibility that congress will modify the 1972 Mining Act by attaching an eight percent tax on gross mining revenues. He testified this modification would, essentially, annihilate the mining industry in Nevada State.
Senator Rhoads explained the U.S. Congress is also considering a bill which would double or triple grazing fees in Nevada State. Additionally, he mentioned that congress was re-writing the Endangered Species Act. He drew attention to the fact that Nevada has more endangered species than any other state.
Senator Rhoads commented the federal Clean Water Act regulations were being amended, which would have the effect of empowering the federal government to regulate water rights on federal lands. He remarked Yucca Mountain would continue to be a very controversial issue for Nevada State.
While in Washington, D.C. this past interim period, Senator Rhoads said he had been advised that the western states should develop a joint plan requesting the transfer of federal lands back to state ownership. He continued by saying the Western Legislative Conference of the Council of State Government expressed an interest in working with Nevada State on this issue.
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 10:45 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
??
Senate Committee on Natural Resources
February 1, 1993
Page 1