Assembly Joint Resolution No. 7–Assemblymen Perkins, Gibbons, Parks, Brown, de Braga, Anderson, Arberry, Bache, Beers, Berman, Brower, Carpenter, Cegavske, Chowning, Claborn, Collins, Dini, Freeman, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Price, Smith, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Neal, O’Connell, Rhoads, Amodei, Rawson, Care, Carlton, Coffin, James, Mathews, McGinness, O’Donnell, Porter, Raggio, Shaffer, Townsend, Washington and Wiener

 

FILE NUMBER..........

 

Assembly Joint RESOLUTION—Expressing the support of the Nevada Legislature for the overturn of the new federal regulations on surface mining.

 

   Whereas, The regulations governing the management of surface

 mining by the Bureau of Land Management that were published on

 November 21, 2000, 65 Federal Register 69998, and planned for

 implementation on January 20, 2001, will have substantial negative

 impacts on rural economies and mining in the State of Nevada; and

   Whereas, The Bureau of Land Management has forecast that the State

 of Nevada will bear 70 percent of the total loss in mine production that

 will occur as a result of these regulations equaling approximately $351

 million; and

   Whereas, These regulations will result, by the Bureau of Land

 Management’s own estimates, in the loss of approximately 3,220 jobs in

 Nevada; and

   Whereas, The residents of Nevada will lose between $83 million and

 $249 million in total personal income; and

   Whereas, Anticipation of these regulatory changes has already

 contributed to an approximate reduction of $67 million in exploration in

 1999; and

   Whereas, The Bureau of Land Management failed to consider the

 cumulative impacts of a long list of state and federal regulatory and policy

 initiatives that overlap or conflict with the new regulations; and

   Whereas, Congress has long recognized that states have the primary

 authority for regulation of water quality and water rights; and

   Whereas, The water quality regulations of the Bureau of Land

 Management extend beyond the authority granted to the Bureau as a land

 management agency and interfere with the delegation of authority to the

 State of Nevada under the Clean Water Act; and

   Whereas, These regulations relating to water quality and use interfere

 with the authority of the State of Nevada over water rights and water use

 by granting the Bureau the authority to override this state’s determination

 of water rights; and

   Whereas, The regulations of the Bureau of Land Management also go

 beyond the authority granted to the Bureau by Congress and interfere with

 Nevada’s authority over land use, mine development and mine

 reclamation; and

   Whereas, Congress commissioned the National Research Council of

the National Academy of Sciences to conduct a comprehensive analysis of

 mining regulations; and

   Whereas, Congress required the Bureau of Land Management to use

 that analysis as a guideline for its regulations and make only changes that

 were not inconsistent with the results of the study; and

   Whereas, The National Research Council completed its study in the

 spring of 1999; and

   Whereas, The final regulations of the Bureau are not consistent with

 the recommendations of the National Research Council and go far beyond

 the seven “regulatory gaps” identified by the Council; and

   Whereas, The National Research Council did not recommend the

 “mine veto” provision or increase the regulatory authority of the Bureau of

 Land Management over water quality or water use; and

   Whereas, The Council determined that state laws were generally

 adequate to provide environmental protection of public lands; and

   Whereas, The Bureau of Land Management adopted an entirely new

 interpretation of its legal authority under the Federal Land Policy and

 Management Act of 1976 without allowing review and comment by the

 states or the public and failed to consult adequately with western states in

 preparing these regulations; and

   Whereas, The Bureau of Land Management relied upon information

 and data that was not publicly available to support its final regulations;

 and

   Whereas, The State of Nevada has filed a complaint in federal district

 court challenging the regulations on surface mining of the Bureau of Land

 Management; now, therefore, be it

   Resolved by the Assembly and Senate of the State of Nevada,

 Jointly, That the members of the 71st session of the Nevada Legislature

 hereby express their support for the lawsuit filed by the State of Nevada to

 halt the new surface mining regulations; and be it further

   Resolved, That the members of the Nevada Legislature urge the

 governors and legislators from other hardrock mining states to join

 Nevada in its effort to halt these regulations; and be it further

   Resolved, That the Chief Clerk of the Assembly prepare and transmit

 a copy of this resolution to the members of the Western Governors’

 Association and each member of the Nevada Congressional Delegation.

 

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