EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Whereas, Congress enacted the Clean Water Act in 1972 to restore and

1-2 maintain the chemical, physical and biological integrity of the nation’s

1-3 waters by eliminating the discharge of pollutants into surface waters and

1-4 achieving increased water quality; and

1-5 Whereas, A new Clean Water Action Plan was announced in 1997 to

1-6 address nonpoint sources of water pollution and has resulted in the Unified

1-7 National Strategy for Animal Feeding Operations developed jointly by the

1-8 United States Environmental Protection Agency and the United States

1-9 Department of Agriculture; and

1-10 Whereas, The United States Environmental Protection Agency and the

1-11 United States Department of Agriculture have identified large animal

1-12 feeding operations as significant nonpoint sources of water pollution and

1-13 are proposing increased federal and state regulation of these activities; and

1-14 Whereas, The United States Environmental Protection Agency and the

1-15 United States Department of Agriculture propose to fully regulate these

1-16 activities and establish a permitting process for the larger, more

1-17 concentrated animal feeding operations through a National Pollutant

1-18 Discharge Elimination System; and

2-1 Whereas, The proposed National Pollutant Discharge Elimination

2-2 System includes a plan to reduce significantly the numbers of animals per

2-3 feeding operation that will trigger the permitting and regulatory process;

2-4 and

2-5 Whereas, The National Association of State Departments of

2-6 Agriculture expressed concern to the United States Environmental

2-7 Protection Agency about the expansion of the permitting scheme for animal

2-8 feeding operations, identified effective programs in many states that protect

2-9 water quality and urged both the United States Environmental Protection

2-10 Agency and the United States Department of Agriculture to give states the

2-11 opportunity and flexibility to continue to implement voluntary measures by

2-12 enacting statutes based upon sound science, economic feasibility and the

2-13 specific needs of the state; and

2-14 Whereas, The agricultural industry is of critical concern to the State of

2-15 Nevada, and Nevada agencies are capable of adequately regulating such

2-16 facilities within this state’s borders; now, therefore, be it

2-17 Resolved by the Assembly and Senate of the State of Nevada,

2-18 Jointly, That the Nevada Legislature hereby expresses its full support of

2-19 the recommendation by the National Association of State Departments of

2-20 Agriculture that the individual states should be given the authority and

2-21 flexibility to enact state statutes to protect their natural resources from

2-22 potential negative effects resulting from livestock production and to base

2-23 those statutes upon sound science, economic feasibility and the specific

2-24 needs of the state; and be it further

2-25 Resolved, That the Nevada Legislature strongly urges the United

2-26 States Environmental Protection Agency to reconsider the proposed

2-27 formula used to determine the regulatory threshold number of animals

2-28 which in its current form will reduce the threshold number and significantly

2-29 expand the applicability of the permitting process of the National Pollutant

2-30 Discharge Elimination System; and be it further

2-31 Resolved, That the Nevada Legislature strongly urges the United

2-32 States Environmental Protection Agency to seek out and give serious

2-33 consideration to comments from representatives of the states, local

2-34 governments, farm bureaus, agricultural industry and soil conservation

2-35 services and any other affected group or person before revising regulations

2-36 regarding animal feeding operations; and be it further

2-37 Resolved, That the Chief Clerk of the Assembly prepare and transmit a

2-38 copy of this resolution to the Administrator of the United States

2-39 Environmental Protection Agency, the Secretary of the United States

2-40 Department of Agriculture and to each member of the Nevada

2-41 Congressional Delegation; and be it further

3-1 Resolved, That this resolution becomes effective upon passage and

3-2 approval.