The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 3:50 p.m., on Wednesday, May 12, 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)

GUEST LEGISLATORS PRESENT:

Assemblyman Douglas A. Bache, Clark County Assembly District No. 11

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Fred Welden, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, explained the proposed amendment (Exhibit C) to A.B. 134.

Chairman Rhoads opened the work session on A.B. 173.

Senator James explained he abstained because of client involvement with this bill.

Chairman Rhoads opened the work session on A.B. 451, and referred to the proposed amendment (Exhibit C).

Chairman Rhoads opened the work session on A.B. 535.

Chairman Rhoads opened the work session on A.B. 536, and Mr. Welden referred to the proposed amendment (Exhibit C).

Chairman Rhoads opened the work session on A.B. 574.

Chairman Rhoads opened the work session on Assembly Joint Resolution (A.J.R.) 20.

Chairman Rhoads opened the work session on A.J.R. 21.

chairman Rhoads opened the hearing on A.B. 296.

Doug Busselman, Lobbyist, Nevada Farm Bureau, spoke from prepared comments in support of A.B. 296 (Exhibit D), and explained this bill would create "win, win solutions for private land owners, sportsmen, and the Division of Wildlife."

Gregg Tanner, Chief, Game Management Bureau, Division of Wildlife, State Department of Conservation and Natural Resources, testified in support of A.B. 296 on behalf of the Division of Wildlife.

Chairman Rhoads inquired if this bill will work similar to the deer tags, and if the elk tags could be sold. Mr. Tanner replied that will be the case, and stated that the regulations outlined in A.B. 296 will be implemented immediately.

Senator Jacobsen asked Mr. Tanner if he has received any adverse reaction to this bill, and Mr. Tanner replied that the Division of Wildlife had not.

Senator McGinness stated that he had received some concern from constituents regarding access to private lands for hunting purposes. Mr. Tanner responded that there have been a few instances with hunters not gaining access to private land, but this usually depends on geographic location and is dealt with on a case-by-case basis.

Chairman Rhoads asked if an applicant can receive more than one elk tag, similar to the deer tag program. Mr. Tanner replied that currently an applicant could receive as many as three or four tags, but usually will receive only one.

Mr. Busselman added that A.B. 296 also creates the opportunity for landowners to join in a cooperative effort to share tags.

Warren B. Hardy II, Lobbyist, Coalition for Nevada’s Wildlife, testified in support of A.B. 296. [Library note: See also Exhibit J and Exhibit K]

Chairman Rhoads closed the hearing on A.B. 296 and opened the hearing on A.J.R. 1.

Assemblyman Douglas A. Bache, Clark County Assembly District No. 11, stated:

Assemblyman Bache added that this is an area where Nevada could get as much of the federal land back as possible, which would include Yucca Mountain. Assemblyman Bache asserted that he felt if the withdrawal period was longer than 15 or 25 years or even permanent, this would give the federal government the opportunity to use Yucca Mountain for radioactive waste. Assemblyman Bache also mentioned that this land contains many mining and recreation opportunities that could be taken advantage of if they were given back to the state.

Chairman Rhoads asked if currently the U.S. Air Force is asking for 25 years or an indefinite period of time. Assemblyman Bache replied that both 25 years and permanent withdrawal from public use has been proposed, and believes that would be bad for Nevada. Chairman Rhoads asked if anyone from Governor Kenny Guinn’s staff has testified on the subject, and Assemblyman Bache answered no.

Senator Carlton queried why 15 years was chosen as a period of time for the U.S. Air Force to withdraw and give some of this federal land back to the state. Assemblyman Bache commented that the current withdrawal was in 1986 which expires in 2001, and since a 15-year period was the initial withdrawal it seemed another 15 years would be appropriate.

Senator Coffin asked if there has been any indication from Governor Guinn concerning his opinion on this issue. Assemblyman Bache stated that he does not know the position of the Governor.

Assemblyman P.M. "Roy" Neighbors, Esmeralda, Lincoln, Mineral and Nye counties Assembly District No. 36, testified that he is supportive of A.J.R. 1, and believes that the 15-year time frame is sufficient. Assemblyman Neighbors indicated there are numerous mining areas in and around the Nellis Air Force Range that could be put to good use if these lands were ever returned to the state.

Senator Coffin asked if there were any representatives from the U.S. Air Force, and Chairman Rhoads stated there were not. Chairman Rhoads added that the U.S. Air Force had appeared before the interim committee on public lands and had conveyed that they want a longer lease.

Mike L. Baughman, Lobbyist, Lincoln County, and City of Caliente, spoke in support of A.J.R. 1, and referred to facts, maps, and other testimony (Exhibit E) to support the 15-year extension.

Chairman Rhoads commented that one of the facts in Mr. Baughman’s exhibit states that 80 percent of the air space over Lincoln County is controlled by the U.S. Air Force, and asked if the county receives compensation for this because the commercial air lines pay for air space. Mr. Baughman replied that the U.S. Air Force does not pay for the use of the air space, but Lincoln County has initiated a mitigation suit to be compensated for lost land and air space.

Senator Jacobsen asked if the Air Force has had discussions with the counties relative to the air base for informational purposes. Mr. Baughman replied there has been none in the past, but added that he recently spoke with the U.S. Air Force and they have agreed to an ongoing dialogue with the county commission.

Senator Carlton commented that she would volunteer to work with the U.S. Air Force and the counties in the proposed dialogue.

Chairman Rhoads closed the hearing on A.J.R. 1 and opened the hearing on A.B. 358.

Michelle M. Gamble, Lobbyist, Nevada Association of Counties, spoke in support of A.B. 358 from prepared comments (Exhibit F).

Senator Carlton asked if the 1-week notification time frame outlined in section 1 of the bill will be feasible or not. Ms. Gamble replied that the Division of State Lands believes the referenced time frame is acceptable.

Mike Del Grosso, Deputy Administrator and Senior Planner, Division of State Lands, State Department of Conservation and Natural Resources, stated the division thinks A.B. 358 will benefit both the state and local governments.

David Horton, Lobbyist, Committee to Restore the Constitution, spoke in support of A.B. 358 from prepared comments and a proposed amendment (Exhibit G), which would help to improve the resistance to Nevada receiving a nuclear dump. Mr. Horton included a copy of the Legislative Workshop on Nevada’s Public Lands (Exhibit H. Original is on file in the Research Library.), as a reference to topics discussed in Exhibit G.

Chairman Rhoads closed the hearing on A.B. 358 and opened the hearing on A.B. 481.

John M. O’Brien, Agriculture Programs Coordinator, Bureau of Plant Industry, Division of Agriculture, Department of Business and Industry, testified in support of A.B. 481 from prepared comments (Exhibit I), and explained the primary effect of this bill will eliminate current registration requirements for resident beekeepers in Nevada. Mr. O’Brien pointed out that the division will still maintain regulations and quarantine on Africanized honeybees.

Senator Jacobsen asked Mr. O’Brien if the Africanized honeybees entered Nevada because people were not doing their job. Mr. O’Brien replied that the infestation is a naturally occurring process, and they need to be managed.

Senator James stated that he is concerned with this bill possibly lessening the enforcement or regulations to the Africanized-honeybee problem. Mr. O’Brien asserted that it is not the division’s intent to ignore this problem, and A.B. 481 is only for economic purposes to maintain apiaries in the state.

Chairman Rhoads asked that a letter from Larry J. Johnson, Chairman, Coalition for Nevada’s Wildlife (Exhibit J), be included in the record pertaining to A.B.296.

With no further business before the committee, Chairman Rhoads adjourned the meeting at 4:50 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: