The Senate Committee on Natural Resources was called to order by Vice Chairman Lawrence E. Jacobsen, at 2:10 p.m., on Monday, March 22, 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 Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator Dean A. Rhoads, Chairman (Excused)

GUEST LEGISLATORS PRESENT:

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Vice Chairman Jacobsen opened the hearing on Senate Bill (S.B.) 377.

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1, stated he and Assemblywoman Gene Wines Segerblom, Clark County Assembly District No. 22, are cosponsoring this bill on behalf of Clark County and the City of Laughlin.

F. Alex Ortiz, Lobbyist, Clark County, read a prepared statement (Exhibit C) in support of S.B. 377 which describes the background and location of the proposed park site being addressed.

Vice Chairman Jacobsen asked if there were any encumbrances or hazards that are affecting the proposed site. Mr. Ortiz stated he did not know, but he will research the question and provide the information to Senator Jacobsen.

Senator Coffin asked for a firm definition from Mr. Ortiz, in regards to the proposed park, because of past problems with parks in Clark County. Mr. Ortiz said to his knowledge the park will be a multi-recreational facility with facilities like baseball fields and basketball courts. Senator Coffin asked how far away the park would be from casinos. Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, Department of Conservation and Natural Resources, stated it would be a mile or more away, is located at the northern most end of the state park property along the Needles Highway, and is separated from the rest of the state park by a drainage ditch.

Vice Chairman Jacobsen asked Ms. Wilcox if she could furnish a map of the area as well as a proposed plan of what will constitute the park area. Ms. Wilcox said she would like to go on record stating:

Senator McGinness asked if there would be a deed restriction in regards to usefulness of the park. Ms. Wilcox said the current deed is unrestricted and the bill would have to be amended if he would like a restricted deed.

Vice Chairman Jacobsen asked if Mr. Ortiz or Ms. Wilcox have heard of any objections from the community. Mr. Ortiz and Ms. Wilcox said neither has heard of any objections to the park.

Chairman Jacobsen closed the hearing on S.B. 377 and opened the hearing on S.B. 343.

Fred Messmann, Deputy Chief Game Warden, Bureau of Law Enforcement, Division of Wildlife, Department of Conservation and Natural Resources, stated S.B. 343 was a request by his agency to amend Nevada Revised Statute (NRS) 488.910. This bill would clarify language to indicate if a vessel is seized and a conviction is made the guilty party would have to pay for storage fees. Mr. Messmann also clarified the law now holds the Division of Wildlife responsible for storage costs for a seized vessel if there is no conviction, and this bill would hold the agency who seizes a vessel responsible for storage costs if they do not get a conviction.

Vice Chairman Jacobsen asked Mr. Messmann if there has been an instance in the past or just clarification is needed. Mr. Messmann said this situation has not occurred yet.

Vice Chairman Jacobsen closed the hearing on S.B. 343 and opened the hearing on S.B. 344.

Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, Department of Conservation and Natural Resources, stated S.B. 344 is a correction for a bill that was passed in the sixty-ninth session which allowed the division to repeal some obsolete state land statutes. Ms. Wilcox stated that Nevada does not keep mineral interests in land it sells and line 10 of S.B. 344 would change "royalty" to "mineral interest" and make the bill accurate.

Senator Coffin asked Ms. Wilcox who was allowed to purchase these lands. Ms. Wilcox stated, "This really applies primarily to all of the school trust lands that were taken from the federal government at statehood and sold almost all back in the nineteenth century." Ms. Wilcox went on to explain that during different times in history the state used different preprinted patent forms that were confusing in regards to the mineral interests, and there was legislation in the 1930s to clarify it was not the state’s intent to retain the mineral interests. Ms. Wilcox stated there are approximately 2 million acres that the state patented that this bill will affect. Senator Coffin questioned Ms. Wilcox if these are 2 million acres of land with imperfect titles. Ms. Wilcox said these are not imperfect titles and the legislation in the 1930s clarified the preprinted patents. Senator Coffin asked if there is any current litigation in regards to this issue. Ms. Wilcox stated she is not aware of any current legal action, but since 1983 she has seen a couple of court cases with the judgment always going to the plaintiff.

Senator Shaffer questioned if the state could ask for a reappraisal of land and reimbursement for the fair market value of the mineral rights to that land if at the time of sale the state was unaware of minerals on the property. Ms. Wilcox stated state trust lands up to 1957 were all sold at a flat fee of $1.25 per acre or $2.50 per acre. Chairman Jacobsen reiterated that the land was sold at those prices regardless of the possible mineral rights they might possess. Ms. Wilcox restated at statehood the prices were set at $5 per acre, but the land did not sell so it was dropped to $1.25 per acre and $2.50 per acre in the railroad checkerboard until 1957 when the land was sold for fair market value.

Vice Chairman Jacobsen asked if all states are similar in regards to this issue. Ms. Wilcox said all states received trust lands at statehood with flat fee rates.

Vice Chairman Jacobsen closed the hearing on S.B. 344 and adjourned the meeting at 2:38 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Lawrence E. Jacobsen, Vice Chairman

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