MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
March 2, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on March 2, 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 Mark A. James
Senator Joseph M. Neal, Jr.
Senator Thomas J. Hickey
Senator Dina Titus
Senator Ernest E. Adler
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Caroline Allen, Committee Secretary
OTHERS PRESENT:
Jim Davis, Lobbyist Consultant, Pyramid Lake Paiute Tribe
Mervin Wright, Jr., Director, Water Resources
Pyramid Lake Paiute Tribe
Pam Wilcox, Administrator, Division of State Lands
Charles Kilpatrick, Representative, Carson City Little League
Darrell Rasner, Treasurer, Carson City Little League
Alan Biaggie, Representative, Chief, Bureau of Chemical
Hazard Management; Nevada Division of Environmental Protection
Marvin Teixiera, Mayor, Carson City, Nevada
GUEST LEGISLATORS:
Senator Ernest E. Adler
Senator Lawrence E. Jacobsen
Jim Davis, Lobbyist Consultant, Pyramid Lake Paiute Tribe introduced
himself to members of the committee. He informed the committee he was
there to present an informational presentation to them. He introduced
Mervin Wright, Director, Water Resources, Pyramid Lake Paiute Tribe,
indicating that Mr. Wright would be making the presentation, on behalf
of the Paiute Tribe.
Mr. Wright re-introduced himself to the committee. He expressed
"thanks" to the committee for allowing him to make the presentation.
He directed the committee's attention to the handout titled,
"Pyramid Lake Paiute Tribe Presentation", (Exhibit C) and gave his
presentation from the informational packet.
Mr. Wright further stated his purpose was to discuss the issues
presented with the state legislators and to be able to work
harmoniously in an effort to meet their objectives. He expressed
it was time for the legislators to recognize the tribe's
effort in trying to satisfy each of the parties' involved on the
Truckee River's water demand. He expressed that Pyramid Lake is a
valuable asset to the tribe, emphasizing its location within the
boundaries of the state of Nevada, he thought the two parties should be able to meet on common ground and work toward preserving the value of the property. He further stated the water issues in Nevada always seemed to be a political issue.
Senator Rhoads asked how many acres were irrigated out of the
Pyramid Lake?
Mr. Wright's response was approximately 960 acres.
Senator Rhoads asked if there was any opportunity in the future to
expand that number?
Mr. Wright stated they had identified about 400 acres in the bottom
along the river that has potential for irrigation.
Senator Adler complimented Mr. Wright on being able to work with the
City of Sparks and Reno, Nevada, expressing he thought the tribe had done well in its efforts and there was additional discussion between
Mr. Wright and Senator Adler.
Chairman Smith thanked Mr. Wright and asked if that was the con-
clusion from the entire presentation?
Chairman Smith also stated the committee was interested in viewing
the video that Mr. Davis had available after the hearing was
adjourned.
Chairman Smith opened the hearing on Senate Bill (S.B.) 130.
SENATE BILL 130: Revises restriction on terms of sale or lease of
state or interest therein.
Pam Wilcox, Administrator, Division of State Lands introduced herself
to members of the committee. She stated S.B. 130 was the only bill
requested by the agency this session and indicating this was a
housekeeping bill. Mrs. Wilcox gave a brief history of the state land
office. She mentioned that the state land office through most of the
state's history has had relatively few restrictions on how lands were sold, until recently. She further indicated this led, during the
middle years of the twentieth century, to a series of scandals
involving moving land around to the benefit of different people and
not the state. In 1957 in response to this action, the state land
office was taken from the surveyor general and moved into the
Department of Conservation and Natural Resources. She further
indicated the state law was modified in two substantial ways, one
was that a statute was added requiring that lands could only be sold
for fair-market value. The second being that a moratorium was placed
on the sale of land without the approval of the legislature. Mrs.
Wilcox stated that moratorium remained in place until 1989, further
indicating in 1989 the legislature lifted that moratorium and sub-
stituted a process, whereby sales of land could still be only for
fair-market value. She stated this could take place with the
approval of the board of examiners and the interim finance committee.
She expressed these were the rules they work under today. She
summarized that lands may be sold for fair-market value with the
approval of the board of examiners and the interim finance committee.
Mrs. Wilcox stated the lifting of that moratorium in 1989 required
a number of statutory changes because language was woven through
statutes and when it was qualified, one section was overlooked.
Mrs. Wilcox alluded to Nevada Revised Statutes 321.003 as defined:
...if authorized by the legislature to lease or sell land
or any interest therein, the Division of State Lands shall
comply with the provisions, etc...
Further discussion ensued around Mrs. Wilcox summary.
Chairman Smith asked if there were any other people that would like
to give testimony to Senate Bill 130?
Chairman Smith closed the hearing on Senate Bill 130.
* * * * *
Chairman Smith opened the hearing on Senate Bill 147.
SENATE BILL 147: Requires state land registrar to convey certain land adjoining Governor's Field to Carson City.
Senator Ernest E. Adler introduced himself to members of the committee
as being from the Capitol Senatorial District. Senator Lawrence E.
Jacobsen introduced himself as being from the Western District.
Senator Adler gave a brief synopsis of the bill being introduced,
indicating the small parcel of land located on Roop Street which has
not been usable for anything. He stated this land had contaminants
underneath if from Mallory Electric Co., further indicating it to be
an odd shape parcel. He stated he looked at this land when he was
chairman of the Capitol Complex Committee for a building site for
the State of Nevada. Senator Adler also mentioned this land would not
have proper setbacks to build anything on; subsequently, he was con-
tacted by the Carson City Little League and he added the little
leagues are in Senator Jacobsen's district, as well. Senator Adler
stated the reason this bill is being introduced to the natural
resources committee is because of its use of this parcel as a T-Ball
field for the little league complex, which is adjoining the parcel of
land.
Charles Kilpatrick, Representative, Carson City Little League,
introduced himself to members of the committee. He stated they were
very excited about the acquisition of this parcel adjacent to the
Governor's field complex, which is off Roop Street, just southeast
of the Legislative Building.
Senator Hickey asked what was going to be put in the ballpark?
Mr. Kilpatrick responded this would be a T-Ball field.
Senator Hickey asked why couldn't this property be designated by
resolution for its use?
Senator Jacobsen interjected by giving the committee members a
brief history of his associations with this property. He stated
that many years ago, he sponsored legislation that transferred
a major portion of the property over to Carson City. He spoke
of a Mrs. Edwin Blaster and her husband John who were very
instrumental in getting the ball park started.
Further discussion ensued concerning the use and ownership of
the property in question.
Darrell Rasner, Treasurer, Carson City Little League, introduced
himself to members of the committee. He mentioned that
Carson City Little League wholeheartedly supports the passage of
S.B. 147 which conveys land adjoining the east side of Governor's
field to Carson City for the development of an additional ball
field. He stated Carson City Little League has approximately 900
from Carson City, Jacks Valley and Johnson Lane ranging in age from
6 to 12 years old. Mr. Rasner continued to give his presentation
from Exhibit D.
Mrs. Wilcox referred to questions that had been asked about the
history of this type of transaction. She informed the committee
that the 2 1/2 acres of property had not been appraised and they did
not know the value of the property. She stated the law would require
them to sell or lease the property to Carson City for fair-market
value. She added there had not been a lot of transactions of this
nature since 1983. She reminded the committee that in 1980, the
state leased to Washoe County for no consideration, the site that
became the jail site on the Truckee River, that is, the old tree
nursery site. She stated the legislative's reaction to that
free-leased Washoe County was so negative that it resulted in
another change of the land laws which prohibited the state land
registrar from issuing free leases to anyone. So in essence,
she stated from 1983, all of their leases have also been
fair-market value.
Further discussion ensued from Mrs. Wilcox's presentation.
Alan Biaggi, Chief, Bureau of Chemical Hazard Management, Nevada Division of Environmental Protection, introduced himself to members of the committee. He stated he would be happy to answer any questions regarding contamination on the parcel.
Senator Hickey asked with the transference of land in the state,
his understanding was that land has to be set correctly,
environmentally speaking, and if this bill is passed, what type of
restrictions are they alloted to the use?
Mr. Biaggi stated the clean up is being addressed by Mallory
Electric, Incorporated, who is the responsible party.
Further discussion ensued concerning transference of properties.
Marvin Teixiera, Mayor, Carson City, Nevada, introduced himself to
members of the committee. He told the committee he thought he could
answer many questions previously asked. He drew attention to
Senator Hickey indicating he had made a valid point of the potential
use of the park.
Mr. Teixiera stated when this property was given to the Carson youth
group, (indicating he was there 30 years ago when concrete was being
laid to put in the first concession stand), it was the community that
took this property, in conjunction with Fleishman Foundation money
that built governor's field.
Further discussion ensued from Mr. Teixiera's presentation and the
type of cleaning solutions used for the contaminants.
Chairman Smith closed the hearing on S.B. 147.
Chairman Smith opened for committee introductions of bill draft
requests (BDRs).
BILL DRAFT REQUEST R 1146: Urge U.S. Fish and Wildlife Service to expedite completion of Recovery plan for Lahontan Cutthroat Trout.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF BDR R 1146.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 23-1111: Require independent contractor who represents state in court to identify specific agency represented in all pleadings.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF BDR 23-1111.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 1144: Urge Congress to resist attempts to establish unreasonable grazing fees.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 1144.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 45-1112: Require Department of Wildlife to
transmit certain responses to requests by federal agencies to legislative committee on public lands for review.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 45-1112.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business before the Senate Committee on
Natural Resources, Chairman Smith adjourned the hearing at
9:45 a.m.
RESPECTFULLY SUBMITTED:
Caroline Allen
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
March 2, 1993
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