MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
March 18, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:35 a.m., on March 18, 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 Joseph M. Neal, Jr.
Senator Thomas J. Hickey
Senator Dina Titus
Senator Ernest E. Adler
COMMITTEE MEMBERS ABSENT:
Senator Mark A. James (Excused)
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Caroline Allen, Committee Secretary
OTHERS PRESENT:
Fred Welden, Chief Deputy Research Director, Research Division
C. Joseph Guild, III, Attorney at Law, Representative
Santa Fe Pacific Corporation
Santa Fe Pacific Minerals Corporation
Fred Wright, Representative, Nevada Coalition for Wildlife
Terry R. Crawforth, Deputy Director, Nevada Department of Wildlife
Robert P. McQuivey, Habitat Division Chief,
Nevada Department of Wildlife
Doug Busselman, Executive Vice President, Nevada Farm Bureau
Nevada Farm Bureau
Chairman Smith opened the hearing on Assembly Concurrent Resolution
(A.C.R.) 3.
ASSEMBLY CONCURRENT RESOLUTION 3: Urges Tahoe Regional Planning Agency to continue to increase efforts to simplify its ordinances and procedures.
Fred Welden, Chief Deputy Research Director, Research Division
introduced himself to members of the committee. He explained that
he was staffed in the interim committee that oversaw work for the
Tahoe Regional Planning Agency. He proceeded to inform the committee
that Senator Shaffer, because of a conflict with his time schedule,
had asked him to speak on his behalf pertaining to several of the resolutions.
Chairman Smith interjected and called for action from the committee
on Assembly Concurrent Resolution 3.
SENATOR HICKEY MOVED TO DO PASS A.C.R. 3.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL, TITUS, AND JAMES
WERE ABSENT FOR THE VOTE.)
Chairman Smith stated one of the members of the committee was
concerned that they only had one real bill before them that
affected the state of Nevada. He mentioned the committee would
take that bill next, making reference to Senate Bill 257:
Chairman Smith opened the hearing on Senate Bill 257:
SENATE BILL 257: Requires board of wildlife commissioners to adopt regulations requiring department of wildlife to submit to legislative committee on public lands certain proposed responses to statements of federal agencies.
Senator Rhoads stated this was an issue that had been discussed continually in the legislative committee on public lands, further
emphasizing that much of the time, there are comments that state
agencies, particularly the Department of Wildlife are asked to
respond to some federal law or regulation and the agency does not,
stating they have to do it by law. He said no one knows the content
of the text. In essence, he stated what was being proposed was to
get some type of vehicle that mandated the Department of Wildlife to
allow, at least the legislative committee and public lands to be aware
of the things being commented on and what direction they are going.
He further expounded on this subject.
Joe Guild, III, Attorney at Law, Representative of Santa Fe Pacific
Corporation and Santa Fe Pacific Minerals Corporation, introduced
himself to members of the committee. He stated the concern that
Senator Rhoads previously expressed is indeed a problem that some
members of the mining industry have with S.B. 257. He proposed
an amendment to the bill directing the committee's attention to
page 2, line 25:
(a) Make public; and
He said he would like to change the italized language requirement
that the wildlife commission would adopt regulations. He further
alluded to the specific changes he would make to read as:
Before official delivery, the state wildlife department
will have to make public, its comments its [proposed]
responses to any requests by federal agencies and would
have to report in a timely manner, its responses to any
requests by federal agencies to the legislative committee
on public lands.
Senator Adler commented that he supported Senator Rhoads in what
he was trying to do regarding the bill, but he was hesitant to
take action at this time, given the current debate back in Congress
on the royalty tax on mines and so forth. He further expressed
his views on this bill.
Senator expressed his difference being with the structure and the
positioning of the legislature and the division of powers in
government. He further expressed his views.
Further discussion ensued from the proposed amendment.
Chairman Smith mentioned this bill would be referred back to
Senator Rhoads for more in-depth study.
Fred Wright, Representative, Coalition of Nevada's Wildlife,
introduced himself to members of the committee. He expounded on his concerns pertaining to the way the bill was worded. He mentioned he
had attended a number of public lands committee meetings and his perception was that it was not necessary for any statutory language.
He said he thought the chairman of the standing committee in public
lands need only to indicate the department of wildlife, etc. on the
agenda as the BLM (Bureau of Land Management) has done. He
further expressed to the committee that he felt they should hear
from the department of wildlife on the volume of responses they are
involved with and whether it is feasible for copies of material
to be forwarded to the staff of the public lands committee for
whatever purpose they may want in advance regarding any federal
decision. He further expounded on his concerns.
Terry R. Crawforth, Deputy Director, Nevada Department of Wildlife,
introduced himself and Robert P. McQuivey, Habitat Division Chief,
Nevada Department of Wildlife, to members of the committee and
indicated Mr. McQuivey was responsible for the comments being
discussed that day. He stated they were not comfortable with the
bill, as written and appreciated the comments and would agree with
them in that point in time. Mr. Crawforth stated if the desire to
make their comments public, was the desire of the committee,
pertaining to the legislation already in effect, then he further stated the head of the wildlife commission had adopted regulations
of the wildlife commission had adopted regulations and they make their comments available and keep binders and etc. in their office for
people to examine. He further expounded on his presentation to the
committee.
Senator Hickey agreed with Mr. Crawforth and suggested what might be
done would be an informal screening of what may be important and not
important with the public lands.
Mr. McQuivey commented that one other point he felt was important
was most of the federal activities have time frames for input that
are established by law and regulation. He stated many of those time
frames are for 30 days, further indicating it was very difficult
even in-house for their agency to get all the information from their
field people through the regional offices, because they were looking
at fish, non-game, game animals, etc. He said in order to put that
together, most of that information goes out under the director's
signature, because they want to make sure that there are not people
out there saying different things in different parts of the state.
He further expounded on their procedure.
Chairman Smith thanked them for their participation and closed the
hearing on S.B. 257.
Chairman Smith opened the hearing on Senate Joint Resolution (SJR) 17.
SENATE JOINT RESOLUTION 17: Urges Congress to reject any unreasonable increase of fees for grazing livestock on public lands.
Senator Rhoads indicated that for the last four legislative sessions,
at least, they seemed to have been attacked back in Washington on a
dramatic increase in grazing fees. He stated in the last 3 years,
they have been back in Washington, D.C. in the conference committee and have been able to continue the present method in grazing fees. He explained the way grazing fees are set. He stated each year, they
take a survey of what the private land is leasing for and then they
have a formula that includes the deed prices minus the cost of
production and that indicates what are the grazing fees. In other
words, he stated, as the price of cattle goes up, the grazing fees go up, and vice versa. He further expounded on this procedure.
Mr. Guild stated he wanted to urge the committee and the entire
senate to wholeheartedly support this resolution, because of the
devastating impact of the large grazing fee increase would have on
the livestock industry in the state of Nevada.
Doug Busselman, Executive Vice President, Nevada Farm Bureau
introduced himself to members of the committee. He stated their
president, Barbara Curdy was back in Washington working with the
national coalition of livestock producers on this specific issue
of raising fees. He said they wholeheartedly support this
resolution and urged the committee's passage.
Chairman Smith stated to the committee he would accept action on
the resolution.
SENATOR RHOADS MOVED TO DO PASS ON S.J.R. 17.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE
VOTE.)
Chairman Smith opened the hearing on Senate Joint Resolution
(S.J.R.) 18.
SENATE JOINT RESOLUTION 18: Urges United States Fish and Wildlife
Service and Secretary of Interior to
expedite recovery plan for Lahontan
cutthroat trout in Nevada.
Senator Rhoads stated this bill was submitted earlier and since
this bill had been processed, the United States Fish and Wildlife
had come out with their tentative recovery plan. He believed it was
presently being circulated and the comment period would be due on
April 24th. He further stated this resolution, which encourages
the United States Fish and Wildlife Service and Secretary of
Interior to come up with a final recovery plan is still very timely.
He further stated it took 10 years just to write the tentative plan
they had submitted several weeks ago. He expounded further on his
views, indicating this urged all the agencies to work together.
Chairman Smith asked if there were other questions?
SENATOR NEAL MOVED TO DO PASS S.J.R. 18.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE
VOTE.)
There being no further business before the Senate Committee on
Natural Resources, Chairman Smith adjourned the hearing at
10:02 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 18, 1993
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