MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
May 21, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:47 a.m., on Friday, May 21, 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 Mark A. James
Senator Dina Titus
COMMITTEE MEMBERS ABSENT:
Senator Thomas J. Hickey (Excused)
Senator Joseph M. Neal, Jr. (Excused)
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Susan L. Tingley, Chairman, Nevada State Board on Geographic
Names
Terrill J. Kramer, Ph.D., Executive Secretary, Nevada State
Board on Geographic Names
Daryl Crawford, Executive Director, Inter-Tribal Council of
Nevada, Inc.
Paula Berkley, Walker Paiute/Washoe Tribe
John E. Chappell, United States Bureau of Land Management
Noel E. Manoukian, General Counsel & Lobbyist, Incline Village
General Improvement District
Bill Quesnel, Civil Engineer, Incline Village General
Improvement District
Gerald L. Adams, Fire Marshal, Battalion Chief, North Lake Tahoe
Fire Protection District
Jim Reinhardt, Fire Management Officer, Nevada Department of
Conservation and Natural Resources
Ray E. Blehm, Jr., State Fire Marshal, Nevada Department of
Commerce
SENATE BILL (S.B.) 419:Creates advisory board on water resources of Colorado River.
Chairman Smith convened the meeting and pointed out S.B. 419 would be rescheduled to another hearing of the Senate Committee on Natural Resources. He apologized for inconveniencing those individuals who had wanted to testify on this legislation.
Due to the fact four committee members constitute a quorum, and only three members were present, Chairman Smith temporarily convened a subcommittee hearing. He pointed out that as soon as another member of the committee arrived, he would then call the full committee hearing to order.
SENATE BILL 443: Adds representative of Inter-Tribal Council of Nevada, Inc., to Nevada state board on geographic names.
Susan L. Tingley, Chairman, Nevada State Board on Geographic Names, introduced herself to members of the committee. She declared her support for passage of S.B. 443. She then referred to a handout supplied to members of the committee (Exhibit C), which summarizes the history and purpose of the Nevada State Board on Geographic Names.
Ms. Tingley testified that the state board, primarily, served as an advisory board to the United States (U.S.) Board on Geographic Names. She drew attention to another handout she had provided to the committee (Exhibit D), which briefly describes the U.S. Board's history and activities.
Ms. Tingley pointed out passage of S.B. 443 would have absolutely no financial impact on the state or local government. She pointed out the Nevada State Board on Geographic Names was interested in adding the Inter-Tribal Council of Nevada, Inc. (ITCN) as a means of providing Native Americans within the state an opportunity to become involved in naming proposals and changes.
Ms. Tingley stated she felt it was only appropriate to involve Native Americans in the naming process, because their ancestors were the first residents to apply names to Nevada's geographic landmarks.
Terrill J. Kramer, Ph.D., Executive Secretary, Nevada State Board on Geographic Names, introduced himself to members of the committee. He pointed out the U.S. Board on Geographic Names had recently drafted a policy statement setting forth that any name occurring within tribal jurisdictions must be supported by tribal governments.
Mr. Kramer commented that at the most recent meeting of the U.S. Board, one week prior to the Senate Committee on Natural Resources hearing, at least 17 names (of Indian origin) had been submitted for consideration by the State of Arizona. Mr. Kramer concluded his testimony by saying passage of S.B. 443 would simplify the naming processes within Nevada and he supports its enactment.
Chairman Smith acknowledged the fact that Jerry W. Vivant, Nevada Department of Transportation, had signed in on the hearing's attendance roster. Mr. Vivant addressed the committee from the audience and explained he was merely interested in listening to testimony on S.B. 443.
Daryl Crawford, Executive Director, Inter-Tribal Council of Nevada, Inc. (ITCN), introduced himself to members of the committee. He explained the testimony he intended to provide was on behalf of the 25 federally-recognized reservations and colonies within the State of Nevada.
Mr. Crawford commented, in January, 1992, the executive board of the ITCN had officially appointed a representative to the Nevada State Board on Geographic Names. He pointed out this representative was a tribal elder from Duck Valley, Nevada.
Mr. Crawford drew attention to a map he had provided to members of the committee (Exhibit E), indicating which tribes had occupied the State of Nevada for thousands of years. An additional handout was provided (Exhibit F), describing the history and functions of the ITCN.
Mr. Crawford said he appreciated the opportunity provided to the Nevada Tribes by the Nevada State Board on Geographic Names, and hoped this would increase the possibility of retaining many of the original names given to the state's landmarks. He concluded his testimony by urging members of the committee to enact S.B. 443.
Senator James wondered why it had taken so long for legislation, such as this, to have been introduced. He stated he felt the Nevada Tribes should have been included in the naming process long ago. He pointed out that if the Native American name for "Lake Tahoe" had not been preserved, the lake may have been named after the first white man who saw the lake (Lake Bigler).
Paula Berkley, Representative, Walker River Paiute Tribe and Washoe Tribe, introduced herself to members of the committee. She pointed out that when Europeans are asked what they would most like to see while visiting the United States, one of the top three answers is, "Indians." She stressed the importance of retaining some of the names provided by various Native American Indian tribes, due to the fact this is a "selling point" as far as tourism and economic development are concerned. She concluded her remarks by requesting that members of the committee support passage of S.B. 443.
John E. Chappell, Representative, United States Bureau of Land Management (BLM), introduced himself to members of the committee. He encouraged members of the committee to enact S.B. 443, and agreed with Senator James's observation that including Native Americans in the naming process was long overdue.
Mr. Chappell called attention to the fact that he is well acquainted with Mr. Crawford and described him as a "man of integrity."
Chairman Smith called for a subcommittee recommendation on S.B. 443.
SENATOR ADLER MOVED TO DO PASS S.B. 443.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL, RHOADS AND TITUS WERE ABSENT FOR THE VOTE.)
Chairman Smith said S.B. 443 would be brought before the full committee with the subcommittee's recommendation for approval.
* * * * *
Chairman Smith opened the hearing on S.B. 444.
SENATE BILL 444: Making various changes related to controlled fires.
Noel E. Manoukian, General Counsel & Lobbyist, Incline Village General Improvement District (IVGID), introduced himself to members of the committee. He pointed out that IVGID supports passage of this bill and stressed the importance of allowing the district to continue to conduct prescribed (controlled) burns in the best interest of the Tahoe Basin.
Mr. Manoukian explained that both he and Bill Quesnel, Civil Engineer, Incline Village General Improvement District, had been involved in drafting much of the language currently contained in S.B. 444. He continued by explaining a portion of the bill's verbiage had been derived from existing legislation in the states of California, Oregon and Florida.
Mr. Quesnel introduced himself to members of the committee and pointed out the IVGID owned approximately 1,000 acres of forested land surrounding Incline Village, Nevada.
Chairman Smith interrupted Mr. Quesnel's testimony and pointed out a fourth committee member had arrived. He proceeded to convene a full hearing of the Senate Committee on Natural Resources, and Rayanne Francis, Committee Secretary, called the roll. Chairman Smith informed those in attendance that Senators Hickey and Rhoads were excused from the day's hearing.
Mr. Quesnel continued his testimony by pointing out the IVGID had initiated a "fuels" reduction program in the forested area surrounding Incline Village, Nevada. He stressed the IVGID had expended over $1 million in the removal of this material, which resulted in the creation of approximately 8,000 slash piles of dead trees, fallen limbs, etc. in a 700-acre area.
Mr. Quesnel said the next logical step in their program was to continue with this fuels removal process, and to utilize controlled fires in the vicinity. He pointed out that, before the white man occupied the region, natural fires occurred every 3 to 7 years. He explained that a natural fire was nature's way of thinning vegetation on the forest floor and ridding the area of dangerous fire hazards.
Mr. Quesnel emphasized that natural or controlled fires usually result in more plant species diversity. In other words, some plants actually require fire in order to germinate seeds. He pointed out the recent drought conditions, as well as the lack of controlled fires, resulted in a dramatic change of the area's forests. Mr. Quesnel pointed out that the use of controlled fires was man's way of mimicking naturally occurring fires.
Mr. Quesnel stressed that passage of S.B. 444 would allow the IVGID to make the best of its current investment in the area, and give other regions of the state the opportunity to take advantage of the benefits of controlled fires.
Mr. Quesnel remarked, this last winter, the State of California was utilizing controlled fires on forested lands on the west side of Lake Tahoe. Controlled fires were also conducted on federal lands; i.e., Yosemite National Park.
Senator James wondered how the dead trees had been removed from the area surrounding the IVGID. Mr. Quesnel explained that the dead trees, which were still standing, had been cut and removed via helicopter. He continued by saying, once the dead trees, limbs, etc. had been removed from the area, a controlled fire would take place, which would creep along the ground and consume small vegetation and pine needles. He concluded by saying the major manual labor, which had taken place in 1991, would never need to be done again if S.B. 444 were enacted. This legislation would allow the IVGID to utilize controlled fires in order to control future accumulations of dead limbs and pine needles.
Senator James asked what would happen to the dead trees in the Tahoe Basin. Mr. Quesnel said the IVGID had removed the dead trees from the 700-acre section surrounding Incline Village. Senator James wondered how large was the IVGID. Mr. Quesnel explained the IVGID bordered the northeast corner of Lake Tahoe, from Crystal Bay to Sand Harbor.
Senator James pointed out the dead tree problem in the Tahoe Basin was the worst he had ever seen. Mr. Quesnel said the IVGID had elected to remove the dead trees, because there was a chance a controlled burn could get out of control unless they were removed. He stressed that anyone interested in utilizing a controlled fire program should manually remove the standing and fallen dead trees, as well as other major sources of fuel.
Senator James explained his concerns centered on the fact that so many dead trees were still standing in major portions of the Tahoe Basin. He wondered if S.B. 444 would allow an individual to begin a controlled fire and, subsequently, have the situation get out of hand due to the increased incidence of dead, dry vegetation in the area. Mr. Quesnel explained S.B. 444 sets forth qualifications that must be met prior to conducting a controlled fire. He continued by saying a written plan must be approved by the Nevada Division of Forestry or the local fire district, and the controlled fire must be supervised by at least one qualified individual for the duration of the fire.
Senator James said he was still a little nervous and hoped additional language could be incorporated in S.B. 444, which would restrict unqualified persons from conducting controlled fires. Mr. Quesnel said he understood Senator James's concerns.
Senator Adler inquired if S.B. 444 would also apply to controlled fires in areas of aged sage brush. Mr. Quesnel replied this was correct and asserted that it had never been the IVGID's intent to limit controlled fires to timbered property. He continued by pointing out that the vegetation returning to the areas where the 8,000 slash piles had been burned was different than what was growing in the unburned areas.
Senator Adler said he is aware that most of the sage brush in the state is too old and, as a result, much more flammable. He continued by saying sage brush is, actually, a very adaptable plant and was meant to be burned every once in a while. Mr. Quesnel agreed with Senator Adler's observation and stressed that the dead trees in the Tahoe Basin would not, normally, have been there as long as they have, because naturally occurring fires would have thinned them out. Additionally, some plant and tree seeds require fire in order to germinate. By preventing naturally occurring fires, Senator Adler observed that mankind has artificially selected out certain varieties of vegetation and trees. Mr. Quesnel replied this is absolutely correct.
Mr. Manoukian explained that passage of S.B. 444 would place limits upon controlled fires, which do not presently exist.
Chairman Smith asked what is the status of IVGID's present relationship with the Tahoe Regional Planning Agency (TRPA), as far as controlled fires is concerned. Mr. Quesnel explained, by ordinance, the TRPA allows prescribed (controlled) burning. He continued by saying the TRPA has been very supportive of the IVGID's controlled burning program.
Mr. Manoukian pointed out the TRPA has placed some restrictions upon the types of equipment which can be utilized when removing dead trees and "fuels" from timbered properties. For example, he said a D-8 Caterpillar would not be allowed to perform tree removal. Mr. Quesnel agreed and pointed out the TRPA has set forth particular guidelines for timber removal. He mentioned the IVGID had not utilized very much in the way of equipment when conducting its fuels reduction program.
Gerald L. Adams, Fire Marshal, Battalion Chief, North Lake Tahoe Fire Protection District, introduced himself to members of the committee. He pointed out this fire district includes Incline Village and Crystal Bay, Nevada.
Mr. Adams remarked, in 1986, he had responded to five arson fires. He continued by saying the fire district had been very lucky to have controlled and contained these fires, in spite of the fact a large number of fire fighters and equipment had arrived within 15 minutes of the first notification. Immediately after these incidents had occurred, he said he viewed the surrounding areas with a new perspective and began to really notice the increased amount of "fuels" that were building up in the Tahoe Basin. In response, he initiated a "Defensible Space" program in 1986. This program encourages property owners in his district to be responsible for fuels reduction on their land and, thus, reduce the risk of fire to their homes and businesses.
Mr. Adams pointed out, in 1988, the "Defensible Space" program received the backing of the community. At that time, the IVGID was the largest property owner in the area, mostly due to the fact the most hazardous areas (drainages) are located on its property. He said it was apparent that the entire community should become involved in manually removing these fuels, which had built up as a result of preventing natural fires to run their course.
Mr. Adams agreed with the earlier comment which indicated that mankind had artificially altered the natural occurrence of low intensity ground fires every 3 to 7 years. Due to this fact, the possibility now exists to have much more serious "timber stand replacing fires" take place. He explained this type of fire would be one in which the community would not survive.
Mr. Adams explained, in 1991, the IVGID took responsibility for its property by initiating a fuels reduction program. He said a lot of meetings had taken place in the community to address the anticipated cost of removing the dead trees and limbs, etc. He testified to the fact that Incline Village is probably the only community in the Tahoe Basin that has undertaken a project of this magnitude.
Mr. Adams said the technology now exists to utilize a computer program, which is currently employed by the United States Forest Service (USFS). This computer program gives the user the ability to determine what types of fires would be appropriate when considering: 1) the percentages of slope in the affected area; 2) the moisture content of the vegetation; 3) the area's relative humidity; 4) the direction of the prevailing wind; 5) the aspect of the area with relationship to the sun; etc. Mr. Adams said when all of these variables are entered into the computer, it is possible to determine exactly how high the flames would reach in a controlled burn.
Mr. Adams pointed out one of the benefits of controlled fires is the diversity of the returning vegetation. He said he had noticed that new species were returning to recently burned locations that he had never seen before in his 30 years of residency. He said this made it quite evident that the best thing to do for the long-term health of the state's forests would be to introduce controlled fire. Mr. Adams stressed prescribed burns would improve the ecosystem and result in improved forests 50 to 100 years from now.
Mr. Adams assured members of the committee that the TRPA has been involved in this project. He noted the fact that the North Lake Tahoe Fire Protection District had received letters of commendation from the TRPA concerning the manner in which the project had been approached.
Jim Reinhardt, Fire Management Officer, Nevada Department of Conservation and Natural Resources, introduced himself to members of the committee. He pointed out the use of controlled fires would not be restricted to the state's forests. He noted the Northern Region of the Nevada Division of Forestry, in Elko and Eureka Counties, is conducting controlled fires as a means of type conversion for livestock and wildlife habitat improvement. He explained after fires of this type take place, livestock owners plant native grasses, as well as crescent wheat grass (a fire-resistant grass).
Mr. Reinhardt called attention to the fact that the Nevada Division of Forestry had also conducted some controlled fires for the Nevada Department of Wildlife, as well as the Humboldt National Forest, to improve the wildlife habitat.
Mr. Reinhardt pointed out nationally-recognized training courses are available to individuals who are interested in obtaining the qualifications required to oversee controlled fires. He continued by saying these classes are offered by the USFS and BLM, as well as the California Department of Forestry and Fire Protection. If S.B. 444 were enacted, Mr. Reinhardt declared the Nevada Division of Forestry would utilize the nationally-recognized standards of training in order to qualify individuals as prescribed fire technicians.
Mr. Reinhardt then described how a plan for a proposed con-trolled fire is developed. He explained a plot of land would be identified and a prescription would be written by taking the following factors into consideration: 1) the goal of the con-trolled fire; 2) the manner in which the fire will be started; 3) the desired intensity of the fire; 4) how fast the fire will spread; 5) the means of controlling the aforementioned; etc. Mr. Reinhardt noted that two other considerations must be addressed when developing a plan, the air quality and slope management of the general area.
Mr. Reinhardt explained the final plan would be submitted to a fire control authority (the local fire district, the Nevada Division of Forestry, or the BLM) for approval. Upon approval, a date would be set on which the prescribed fire would take place. On the day of the fire, the "burn boss" would call the National Weather Service and feed this information into the computer. He pointed out, of course, that if the forecasted weather was not favorable, the prescribed fire would be rescheduled.
Mr. Reinhardt hoped his testimony on the requirements of gaining approval for a prescribed fire indicated that it is not a simple process. He pointed out there have been many successful prescribed fires, as well as a few mistakes. He stressed the mistakes were well-documented and had been carefully reviewed to determine what went wrong in an attempt to eliminate the same type of problem from occurring again.
Ray E. Blehm, Jr., State Fire Marshal, Nevada Department of Commerce, introduced himself to members of the committee. He mentioned he had recently attended a meeting of the Southern Nevada Fire Chiefs Association. During this gathering, the subject of S.B. 444 had been broached. He explained the general consensus was that this legislation would enable fire fighters across Nevada to perform properly designed controlled burns.
Mr. Blehm explained the latter part of S.B. 444 requires that additional reference material be incorporated into the state fire marshal's library of publications, films, etc. He assured members of the committee that this would not have any kind of financial impact upon his office, because this type of material would be added to the library in any case.
Mr. Blehm pointed out section 11 of S.B. 444 requires that a report be submitted to the 1995 legislature recommending additional legislation to minimize wildfires in Nevada. He concluded his testimony by assuring members of the committee that the State Fire Marshal Division would fully cooperate with the Nevada Department of Conservation and Natural Resources in making further recommendations to the legislature.
Chairman Smith closed the hearing on S.B. 444 and requested that interested parties present further testimony on the bill before an upcoming full committee work session.
Chairman Smith noted that five committee members were present and offered to accept a motion on S.B. 443.
SENATOR ADLER MOVED TO DO PASS S.B. 443.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND RHOADS WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith convened a work session and invited Senator Titus to provide a subcommittee report on S.B. 402.
SENATE BILL 402: Imposes restrictions and requirements upon care and sale of certain animals.
Senator Titus pointed out the subcommittee had attempted to incorporate as many of the written amendments (submitted by pet shop owners, humane societies, breeders and various other individuals) as possible. She commented that most of the changes are relatively minor, with the exception of the enforcement issue and the creation of an enforcement officer. Due to objections on the enforcement issue, which had been voiced during the full committee and the subcommittee hearings, Senator Titus called attention to the fact that all corresponding language had been deleted from S.B. 402.
Chairman Smith said he supports passage of the subcommittee's recommended bill, but mentioned that he still has reservations about the usage of the word "animal" in S.B. 402. Senator Titus responded by saying she had reviewed this very subject with Caren Jenkins, Senior Research Analyst. Due to the fact the term "animal" is used in other sections of the Nevada Revised Statute (NRS), they had elected to leave it intact in the bill. However, she pointed out most sections of S.B. 402 make specific reference to "cat" and/or "dog."
Ms. Jenkins' clarified the term "animal shelter" includes the sheltering of animals other than cats and/or dogs. She continued by saying this is another justification for leaving the definition for "animal" in S.B. 402.
Chairman Smith called for action on S.B. 402.
SENATOR TITUS MOVED TO AMEND AND DO PASS S.B. 402.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND RHOADS WERE ABSENT FOR THE VOTE.)
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:28 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
May 21, 1993
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