The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 2:10 p.m., on Monday, February 8, 1999, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Bob Coffin

Senator Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator Raymond C. Shaffer (Excused)

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

Billie Brinkman, Personal Secretary

OTHERS PRESENT:

Chairman Rhoads opened the hearing with a request to rescind Bill Draft Request (BDR) 50-612. He stated that BDR 50-612 cannot be a committee introduction and needs to be introduced by the requestor. The BDR was originally referred from the Senate Committee on Commerce and Labor.

*****

Chairman Rhoads opened the hearing on Senate Joint Resolution (S.J.R.) 1.

Chairman Rhoads requested testimony on S.J.R. 1.

Michael J. Stewart, Committee Policy Analyst, Research Legislative Counsel Bureau gave a short overview of the payment schedules that the counties will receive in this fiscal year regarding the Payment in Lieu of Taxes Act.

There were no other people available to testify and Chairman Rhoads placed the resolution on hold for future hearings.

Chairman Rhoads closed the hearing on S.J.R. 1 and opened the hearing on Senate Joint Resolution 2.

Richard "Dick" Davis, Member, Nevada Miners and Prospectors Association, spoke from prepared remarks (Exhibit C). He expressed his support of S.J.R. 2 and its provision for amendment to the Federal Land Policy and Management Act of 1976.

Frank Lewis, Concerned Citizen, expressed his concern with the present problem of a private citizen trying to fight the federal government over rights of way across public lands and his support for S.J.R. 2. Mr. Lewis referred to Revised Statute (R.S.) 2477 of the Mining Act of 1866, which states, "The right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted." According to Mr. Lewis the Mining Act of 1866 grants people the right to access their property over public lands.

Chairman Rhoads asked Mr. Lewis if he has discussed his problem with our congressional delegation. Mr. Lewis said that he has spoken with United States Congressman Jim Gibbons, who has expressed support for this bill as well as United States Senators Richard Bryan and Harry Reid whom neither has expressed support nor opposition to this bill.

Hugh C. Ingles, Jr., President, Nevada Miners and Prospectors Association, speaking in favor of S.J.R. 2, commented on how around 50 percent of claims in this state have been dropped due to the rights-of-way problems. He stated that one of the problems is that the federal government has changed the definition of a road. Mr. Ingles stated that a trail was originally considered a roadway or access, but now access is being hindered.

Senator Jacobsen asked Mr. Ingles how access is being hindered. Mr. Ingles said that sometimes fences or berms are built to prohibit access, sometimes there is interference with maintenance so the roads wash out, or the government requires a road to be maintained mechanically or it cannot be considered a road.

Susan Miller, Lobbyist, Sierra Pacific Power Company, emphasized support of S.J.R. 2. She stated that Sierra Pacific Power Company has been hindered in getting access to some of their facilities that are located in the interiors of Bureau of Land Management (BLM) lands due to gates and barricades.

Senator Coffin commented on how the newer maps do not always include older roads, mining locations or ruins like on older maps which sometimes makes it difficult for people to prove that certain older roads do exist.

Alan R. Coyner, Administrator, Division of Minerals, Department of Business and Industry, spoke from prepared comments (Exhibit D) in support of S.J.R. 2. He referred to numerous documents in his exhibit that have information on R.S. 2477 and the legal difficulties that not only Nevada but other states are having with the federal government in dealing with its policies toward states and individuals on this issue.

Merrit K. "Ike" Yochum, Lobbyist, expressed concern with the difficulties that the miners and ranchers are having with access problems to their properties, but does not believe that S.J.R. 2 is the cure to this problem. He referred to Nevada Revised Statutes (N.R.S.) 321.596-321.599, "Nevada Public Lands Ownership Act of 1979" and stated if this act were enforced these problems could be resolved without interference from the federal bureaucracy. Mr. Yochum suggested that if the "Public Lands Enforcement Act," which has been brought to the Legislature before and coming up again this session could solve these problems if passed.

Janine Hansen, Lobbyist, Nevada Eagle Forum, began her testimony by referring to S.J.R. 1 of the Sixty-eighth Session that was passed in 1995 by the Legislature.

Ms. Hansen continued by stating that the State of Nevada has the constitutional authority, "Tenth Amendment" (of the United States Constitution), to take responsibility over public-lands issues that are being discussed in S.J.R. 2. She went on to say that the State of Nevada needs to enforce S.J.R. 1 of the Sixty-eighth Session or will lose sovereignty as a state and be servants to the federal government.

Chairman Rhoads commented that ranchers and miners for the last 32 years, that he has been here, have continually been in court to fight the federal government over these public-lands issues.

Ms. Hansen responded to the Chairman’s comment by saying that the State of Nevada needs to assert its authority and challenge the federal government directly. She said that an individual is unable to take on this challenge because of the court costs that are incurred in fighting the federal government.

Senator Jacobsen asked Ms. Hansen if it would be of any help if the Legislature put a requirement on these resolutions that require the federal government to respond. Ms. Hansen responded by suggesting that the State of Nevada and its counties need to assert their sovereignty and resolve these public-lands issues on their own, then the federal government will respond.

Stephanie D. Licht, Lobbyist, Elko County Commissioners, expressed that Elko County would like to have more local control on these public-lands issues and to go on record for supporting S.J.R. 1 and S.J.R. 2.

Chairman Rhoads closed the hearing on S.J.R. 2.

Paul J. Iverson, Administrator, Division of Agriculture, Department of Business and Industry, gave a background on the Division of Agriculture (Exhibit E). Jeff B. Knight, Entomologist, Bureau of Plant Industry, Division of Agriculture, Department of Business and Industry gave a presentation (Exhibit E) on some of the insects that are affecting the State of Nevada. John M. O’Brien, Agriculture Programs Coordinator, Bureau of Plant Industry, Division of Agriculture, Department of Business and Industry, gave a presentation from a prepared informational packet (Exhibit E) on some of the noxious weeds that are affecting the state.

There being no further business before the committee, the meeting was adjourned at 3:39 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: