MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

February 28, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 1:40 p.m., on Wednesday, February 28, 2001, 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 Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

 

COMMITTEE MEMBERS ABSENT:

 

Senator Mark A. James (Excused)

 

OTHER LEGISLATORS PRESENT:

 

Assemblyman John C. Carpenter, Elko County, Assembly District 33

 

STAFF MEMBERS PRESENT:

 

Fred W. Welden, Committee Policy Analyst

Billie Brinkman, Secretary

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Deloyd Satterthwaite, Chairman, Rangeland Resources Commission

C. Joseph Guild III, Lobbyist, President, Nevada Cattlemen’s Association

Frank W. Lewis, Concerned Citizen

Frank Daykin, Concerned Citizen

Patricia Cafferata, District Attorney, Esmeralda County

Benjamin Viljoen, Chairman, Board of Commissioners, Esmeralda County

F. Alex Ortiz, Lobbyist, Legislative Team, Clark County

Brett N. Lane, P.L.S., W.R.S., Survey Manager, Public Works, Clark County

Paul A. Lipparelli, Deputy District Attorney, Civil Division, Washoe County

C. Wayne Howle, Senior Deputy Attorney General, Conservation and Natural Resources Section, Office of the Attorney General

Alan R. Coyner, Administrator, Commission on Mineral Resources, and Division of Minerals, Department of Business and Industry

Janine Hansen, Lobbyist, State President, Nevada Eagle Forum

Merritt K. Yochum, Lobbyist

Elsie Dupree, Lobbyist, Nevada Wildlife Federation

Joseph L. Johnson, Lobbyist, Toiyabe Chapter, Sierra Club

Stephanie Licht, Lobbyist, Elko County Board of Commissioners

Philip E. Bender, Concerned Citizen

Bill Kohlmoos, President, Nevada Miners and Prospectors Association

Greg Ekins, President, GIS Land Services

Lissa Davis, Representative, Nevada Public Lands Access Coalition

Juanita Cox, Lobbyist, People to Protect America

Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, State Department of Conservation and Natural Resources

 

Chairman Rhoads opened the meeting on Bill Draft Request (BDR) 48-1117.

 

BILL DRAFT REQUEST 48-1117: Makes various changes regarding flood control and local drainage.  (Later introduced at Senate Bill 267.)

 

            SENATOR JACOBSEN MOVED TO INTRODUCE BDR 48-1117.

           

            SENATOR MCGINNESS SECONDED THE MOTION.

           

            THE MOTION CARRIED.  (SENATOR JAMES WAS ABSENT FOR THE VOTE.)

*****

 

Chairman Rhoads stated that the Nevada Rangeland Resources Commission was created by the Senate Bill (S.B.) 310 of the Seventieth Session.

 

SENATE BILL 310 OF THE SEVENTIETH SESSION:  Creates rangeland resources commission.  (BDR 50-1419)

 

Deloyd Satterthwaite, Chairman, Rangeland Resources Commission, and General Manager, Ellison Ranching Company, and C. Joseph Guild III, Lobbyist, President, Nevada Cattlemen’s Association, gave a report of the Rangeland Resources Commission (RRC).  Mr. Satterthwaite reported on the RRC’s advertising campaign in the last year, including a pamphlet, “Nevada: Rangeland Resource Commission” (Exhibit C).  He also provided a news release, “The Real Story: Public Grazing in Nevada” (Exhibit C).  Mr. Guild elaborated on Mr. Satterthwaite’s statement and thanked the committee for their foresight in creating the RRC. 

 

Chairman Rhoads opened the hearing on S.B. 106 and Senate Joint Resolution (S.J.R.) 1.

 

SENATE BILL 106:  Requires division of minerals of commission on mineral resources to identify and map certain roads. (BDR 35-1040)

 

SENATE JOINT RESOLUTION 1:  Expresses support of Nevada Legislature for amendment to Federal Land Policy and Management Act of 1976 to require identification, mapping and recognition of certain rights of way across land administered by Federal Government. (BDR R-1039)

 

Frank Lewis, Concerned Citizen, and Frank W. Daykin, Concerned Citizen, testified in favor of S.B. 106 and S.J.R. 1.  Mr. Lewis read his comments from a prepared statement (Exhibit D).  Mr. Daykin explained that the Division of Minerals had volunteered to identify and map the roads of each county, take these maps to the county recorder, and then add any other roads it identifies later on.  The result will be a catalogue of all the roads over which the public has a right to pass.  Mr. Daykin suggested two alternative amendments to add to S.B. 106, which are articulated in a prepared statement written by Brett N. Lane (Exhibit E). 

 

Assemblyman John C. Carpenter, Elko County, Assembly District 33, testified in favor of S.B. 106.  Elko County has been fighting the Humboldt-Toiyabe National Forests Service on the closure of the Jarbidge South Canyon Road.  He said an agreement would hopefully be signed Friday (March 3, 2001) that will end the dispute.  If this road and all others like it can be mapped and recognized by the agencies, government arguments like these can be avoided.

 

Chairman Rhoads asked Assemblyman Carpenter if Elko County has some or all of their roads mapped.  Assemblyman Carpenter answered that Elko has not mapped in accordance with RS 2477 (Federal Revised Statute 2477, adopted in 1866).  Chairman Rhoads asked Assemblyman Carpenter if he was speaking in favor of S.J.R. 1 as well.  Assemblyman Carpenter affirmed he was. 

 

Senator Carlton asked Assemblyman Carpenter what kind of verification is needed should a citizen file their own map of a road as stated in section 1, subparagraph 4 of S.B. 106.  Assemblyman Carpenter answered that filing a map is usually not problematic, and suggested Mr. Daykin could expand on it. 

 

Mr. Daykin explained that the holder of the right-of-way over public land could prepare a rough, but acceptable map to the county recorder.  It is not the recorder’s duty to judge the truth of the document, and should anyone want to challenge the record in a proceeding, the map being on the record does not prevent it.  S.B. 106 instructs the Division of Minerals to verify authenticity of the map.  Assemblyman Carpenter added that assigning a state division (Division of Minerals) is a great aid to the individual counties in mapping and establishing these roads. 

 

Senator Coffin and Mr. Daykin discussed the importance of mapping and establishing roads. 

 

Senator Jacobsen questioned whether the Division of Minerals is the proper agency to handle the tasks associated with S.B. 106, and asked if a combination of the Division of State Lands, the Division of Conservation Districts, the State Department of Agriculture, and the Division of Minerals might be more appropriate. 

 

Patricia Cafferata, District Attorney, Esmeralda County, and Benjamin Viljoen, Chairman, Board of Commissioners, Esmeralda County, both testified in favor of S.B. 106.  A current problem in Esmeralda County is that Chiatovich Creek Road, which provides access to one of the national forests, is in dispute.  The road runs through pieces of land that have been bought by private citizens and blocked to public access.  These citizens have sued Esmeralda County, and the county then claimed the road under RS 2477.  The case is ongoing.  Mr. Viljoen pointed out that all of Esmeralda County had been mapped in accordance with RS 2477, and these maps are updated regularly.  Since the majority of Esmeralda County is under control of the Bureau of Land Management (BLM), the few public roads running through the area are vital.  He reiterated Esmeralda County is too small to successfully fight the BLM, and S.B. 106 would help significantly. 

 

F. Alex Ortiz, Lobbyist, Legislative Team, Clark County; Brett N. Lane, P.L.S., W.R.S., Survey Manager, Public Works, Clark County; and Paul A. Lipparelli, Deputy District Attorney, Civil Division, Washoe County, jointly testified on their proposed amendments to S.B. 106 (Exhibit F), which were drafted by Mr. Lipparelli.  Mr. Lane echoed the concerns of Esmeralda County.  He also mentioned the proposed amendments to S.B. 106 that he drafted (Exhibit E).  Mr. Lipparelli voiced his concerns about the current language of S.B. 106 because Washoe County and Clark County are exempted from chapter 403 of the Nevada Revised Statutes (NRS).  He said the Washoe County maps include RS 2477 roads and roads determined by the county commission to be general minor, or any road laid out and maintained by a government agency.  Mr. Lipparelli referred to his written statement on the proposed amendments. 

 

Chairman Rhoads asked Mr. Daykin and Mr. Lewis if these proposed amendments were satisfactory to them.  Both affirmed the amendments were acceptable.  Chairman Rhoads suggested the two teams work together on the language.  Both teams affirmed they would.

 

C. Wayne Howle, Senior Deputy Attorney General, Conservation and Natural Resources Section, Office of the Attorney General, testified on his concerns about S.B. 106.  He pointed out that the Attorney General would carry out any litigation required by S.B. 106.  The Division of Minerals is responsible for determining the RS 2477 roads, and if the Attorney General does not agree with the division’s assessment, there is no discretion in S.B. 106 for the Attorney General.  He stated the court expects the Attorney General to exercise an independent discretion in deciding whether the case is meritorious.  Mr. Howle said his second concern was the fiscal impact.  The financial aspect of this bill would have a serious impact to the Attorney General’s office.  Mr. Howle and Chairman Rhoads discussed several sections in S.B. 106.  Mr. Daykin said he understood the Attorney General would be directly linked with S.B. 106; however, the Attorney General has a duty to act if the Legislature commands it.  

 

Senator McGinness asked Mr. Howle if the government imposed conditions on road use that are adverse to Nevada, if that would take care of the voluntary conditions.  Mr. Howle responded the voluntary conditions of S.B. 106 could be helped by language as Senator McGinness suggested.  Mr. Daykin said the language should not be limited to adverse effects on Nevada, but also include the public.  Chairman Rhoads asked if Mr. Daykin would work with Mr. Howle on the language.  Mr. Daykin affirmed he would. 

 

Alan R. Coyner, Administrator, Commission on Mineral Resources, and Division of Minerals, Department of Business and Industry, testified on the additional duties S.B. 106 will assign to the Division of Minerals.  He articulated what the Division of Minerals was already responsible for, then commented on some concerns the department had, which he read from a prepared statement (Exhibit G).  Mr. Coyner and Senator Jacobsen discussed federal and state jurisdiction of naming and certifying roads.  Mr. Coyner also stated the Commission on Mineral Resources, and the Division of Minerals, support S.J.R. 1 and provided written testimony to the committee (Exhibit H).

 

Janine Hansen, Lobbyist, State President, Nevada Eagle Forum, testified in favor of S.B. 106.  She stated that in the 1979 legislation on the public lands ownership act, there were some foundations laid, now in state statute chapter 321 of NRS, dealing with the issue of right-of-way.  It mentions right of ownership and control of Nevada public lands by the United States is without foundation and violates the clear intent of the U.S. Constitution.  The exercise of such control over public lands within Nevada works a severe, continuous and debilitating hardship upon the people of the state.  Ms. Hansen also said all public lands of Nevada and all minerals not previously appropriated are the property of the state of Nevada and subject to its jurisdiction and control.  Legislation aiding state control over public roads in Nevada (where 87 percent of the state is federal land) is essential.  Ms. Hansen expressed concern the Attorney General’s office was not participating in the problem, as needed.  Should litigation with the federal government occur, the Attorney General must represent these problems wholeheartedly.  She suggested an amendment that relies not only on the Attorney General to initiate lawsuits, but also empowers the local District Attorney of a county to do the same.  Ms. Hansen explained District Attorneys are much closer to the sentiments of the people in their county.  Ms. Hansen also stated she supported S.J.R. 1.

 

Merritt K. Yochum, Lobbyist, representing the Independent American Party, testified in favor of S.B. 106.  Mr. Yochum agreed with Ms. Hansen about local District Attorneys being more suitable in judging their county’s sentiments, thus more capable of filing a sound lawsuit.  He also said he supported S.J.R. 1. 

 

Elsie Dupree, Lobbyist, Nevada Wildlife Federation, testified against S.B. 106.  She explained road expansion is damaging to native wildlife.  Further explanation is provided in Ms. Dupree’s written statement (Exhibit I). 

 

Joseph L. Johnson, Lobbyist, Toiyabe Chapter, Sierra Club, testified his concerns about S.B. 106 only addressing RS 2477 roads in the public domain.  Mr. Johnson stated this coverage is inadequate to roads that were in existence before the transfer to private ownership.  He expressed a wish to see a change in language to represent those roads as well.  Mr. Johnson also stated S.B. 106 does not specify RS 2477 roads where it identifies minor county roads.  He suggested section 1, paragraph (a), subparagraph (4) be deleted.  Roads should be verified through authorities, and not mapped and registered by private citizens to avoid mischievous intent.  Mr. Johnson then said the Division of Minerals is an inappropriate place for this assignment.  He explained the division is funded by the commission, and has not been tasked with establishing roads in the past.  He suggested the Bureau of State Lands or the Nevada Department of Transportation instead. 

 

Stephanie Licht, Lobbyist, Elko County Board of Commissioners, testified in favor of both S.B. 106 and S.J.R. 1, but suggested the U.S. Forest Service be included in S.J.R. 1. 

 

Philip E. Bender, Concerned Citizen, testified on behalf of the recreational community in support of S.B. 106 and S.J.R. 1.  He provided information on the county roads (Exhibit J).  He said he supported Washoe County’s and Clark County’s proposed amendments.  He asked that the state Legislature appropriate funds to print and distribute RS 2477 county road maps.  Mr. Bender referred to a series of Nevada maps he provided for the committee (Exhibit K).  Mr. Bender also distributed information concerning Hunter Lake Road, which would not be closed under any pending and/or future initiative (Exhibit L).  He stressed the importance of these roads to bikers, hikers, and wildlife enthusiasts. 

 

Bill Kohlmoos, President, Nevada Miners and Prospectors Association, testified in favor of S.B. 106.  Mr. Kohlmoos gave a brief history of Nevada’s dirt roads.  He referred to a written statement given to the committee (Exhibit M).  He mentioned the U.S. Forest Service had closed many roads already and removed homemade road signs from many dirt roads. 

 

Greg Ekins, President, GIS Land Services, testified in favor in S.B. 106 and S.J.R. 1.  He read from a written statement given to the committee (Exhibit N).  Mr. Ekins suggested all the various types of maps of Nevada should be utilized by the counties to help locate and identify all roads in their area.

 

Lissa Davis, Representative, Nevada Public Lands Access Coalition (NPLAC), testified in favor of S.B. 106 and S.J.R. 1.  She stated that NPLAC is the only organization in Nevada that can sue for the public right-of-way.  If these two bills were passed, the NPLAC would (happily) go out of business.  She voiced one question on who will maintain and be liable for these roads.  She asked that these questions be considered in future amendments.  Mr. Bender offered assistance to Ms. Davis from the Four-Wheel Drive Committee (Mr. Bender is a member of this committee.), which, he said, will gladly volunteer to maintain some of these roads. 

 

Juanita Cox, Lobbyist, People to Protect America, testified in favor of S.B. 106 and S.J.R. 1.  She echoed the authority of District Attorneys to prosecute should be expanded in an amendment to S.B. 106.

 

Chairman Rhoads appointed a subcommittee of Senator McGinness, as chairman, and Senator Shaffer to work on S.B. 106 and S.J.R. 1.  Senator Jacobsen asked that Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, Department of Conservation and Natural Resources, come forward and speak on the bills.

 

Ms. Wilcox testified that the Division of State Lands has worked on the public roads issue for many years.  The division has worked with many counties and assisted them in mapping their roads.  She said that whatever the Legislature decides, the Division of State Lands would continue its efforts. Senator Jacobsen asked Ms. Wilcox if it was wise to let counties post rural street signs rather than the federal government.  Ms. Wilcox answered the counties already have that authority, and it is more of a limitation of staffing, than of sanction.

 

 

 

 

 

 

 

 

As there was no further business, the meeting was adjourned at 3:45 p.m.

 

 

 

 

RESPECTFULLY SUBMITTED:

 

 

                

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Senator Dean A. Rhoads, Chairman

 

 

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