MINUTES OF THE
SENATE Committee on Natural Resources
Seventy-second Session
March 19, 2003
The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:50 p.m., on Wednesday, March 19, 2003, 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 Mike McGinness, Vice Chairman
Senator Raymond C. Shaffer
Senator Mark Amodei
Senator Bob Coffin
Senator Michael Schneider
COMMITTEE MEMBERS ABSENT:
Senator Maggie Carlton (Excused)
STAFF MEMBERS PRESENT:
Fred Welden, Committee Policy Analyst
Gina Rasner, Committee Secretary
OTHERS PRESENT:
Linda Eissman, Committee Policy Analyst, Legislative Counsel Bureau
Alexis Miller, Lobbyist, Nevada Mining Association
Jackie A. Holmgren, Lobbyist, Nevada Live Stock Association
Benny Romero, Chairman, State Board of Agriculture, State Department of Agriculture
Chairman Rhoads opened the hearing on Senate Joint Resolution (S.J.R.) 2 and announced to the committee there would be a short presentation on grasshopper infestation and a presentation from the State Board of Agriculture.
Chairman Rhoads asked Linda Eissman, Committee Policy Analyst, to explain the conclusion for S.J.R. 2.
SENATE JOINT RESOLUTION 2: Urges Secretary of Interior, Secretary of Agriculture and Congress to take certain actions concerning expenditures of money for restoration of and water developments on public lands in Nevada. (BDR R-675)
Ms. Eissman said S.J.R. 2 was requested by the public lands committee to address necessary improvements to existing public land. The federal government controls approximately 61 million acres of Nevada and has the most federally-controlled land of the 48 contiguous states. The Bureau of Land Management receives less funding than many other states, which means important projects go without funding. She said S.J.R. 2 urges the secretary of agriculture and the interior to expend revenue generated from two federal land disposal programs on various land and water improvements throughout Nevada. The two land disposal programs are the Nevada Public Land Management Act and the Federal Land Transaction Facilitation Act, commonly known as the Bacca Bill. Each of these acts allows for the disposal of certain federal lands in Nevada. The Southern Nevada Public Land Management Act provides for disposal of federal land in Clark County. The Federal Land Transaction Facilitation Act provides disposal of lands throughout Nevada. Ms. Eissman said the revenue from these land sales is used for specific purposes such as the acquisition of sensitive land and capital improvements to federal recreation areas. In addition, a percentage of the revenue generated from the sales is dedicated to education in Nevada. The proceeds are not specified for land and water improvements on existing federal land, which are greatly needed in some areas. She said responsible management of federal land in Nevada is critical and must include various range restoration initiatives, noxious weed abatement, and reestablishment of native ecosystems. These activities encourage range health, reduce the risk of land wildfire, and improve wildlife habitat. As a result, such improvements will support the agriculture, mining, and recreational industries, which many of the rural areas rely on for economic prosperity. Adequate water developments on federally-managed land are essential. Without the appropriate water system, livestock and wildlife concentrate near streams and springs, which jeopardizes the ecological health of water quality of sensitive resources. Water developments are needed to better disperse the animals and better manage the land. Ms. Eissman said the Southern Nevada Public Land Management Act was amended to allow a portion of the proceeds from land sales to be used for conservation initiatives on federal land in Clark County. Senate Joint Resolution 2 urges the secretary of interior to consider land and water restoration development projects on existing public lands among the conservation initiatives to be funded with those revenues. The Federal Land Transaction Facilitation Act does not include funding for conservation initiatives or improvements to existing federal land. Therefore, S.J.R. 2 urges the U.S. Congress to amend the act so that the secretaries of agriculture and interior can utilize some of the proceeds from land sales throughout Nevada land and water restoration and development projects.
Chairman Rhoads asked if expenses were incurred during a land exchange, would the revenue of the land exchange cover them. Ms. Eissman replied the cost associated with land exchange would be covered in that revenue under both land acts.
Alexis Miller, Lobbyist, Nevada Mining Association, said she was in support of S.J.R. 2.Ms. Miller said it is a positive statement that the Legislature recognizes the importance of water development and the direct benefits to rural Nevada.
Jackie Holmgren, Lobbyist, Nevada Live Stock Association, reviewed the E. Wayne Hage v The United States (Exhibit C). She said the language used in S.J.R. 2 should be changed. Ms. Holmgren said the federal government should not have the right to develop water rights on a rancher’s allotment.
Senator McGinness asked Ms. Holmgren to explain the difference between the term public lands versus federal lands. Ms. Holmgren replied the main difference is that in public lands there are no rights or claims of others attached to public lands, and the government has unlimited power to regulate those lands. Federal lands can have rights already dispersed upon them such as mining claims, grazing allotments, and recreational access to lands. She said on public lands all of those rights can be denied.
Chairman Rhoads closed the hearing on S.J.R. 2 and asked for the grasshopper infestation film to be shown.
Chairman Rhoads welcomed the State Board of Agriculture.
Bennie Romero, Chairman, State Board of Agriculture (SBA), State Department of Agriculture, presented the board members: Harvey Barnes; George Botta, David Cassinelli, Chris Hellwinkle, Dan Hetrick, Jim Johnson, Susan Ray, Deloyd Satterthwaite, and Lawrence Waugh.
Mr. Romero gave a brief overview of various programs in which the SBA is involved. Mr. Romero said there is a continuing effort to keep Nevada free from imported fire ants, especially in the Las Vegas area. The SBA assists and prevents spreading of the Japanese air beetle. The majority of Japanese air beetles have been transferred to different states through the airlines. New plant diseases have been identified through laboratory enzyme analyzing equipment. The SBA is involved in the State and federal investigation with the Fallon cancer cluster. The SBA has upgraded the State pesticide laboratory to a state‑of‑the‑art facility. Groundwater monitoring in agriculture areas takes place annually. Statewide testing and surveillance is being conducted in detection of the West Nile Virus, which is currently in the Las Vegas area. Mr. Romero said the SBA responded rapidly to contain the first foreign animal disease outbreak in Nevada since 1970, and has been instrumental in gathering of estray horses from the Virginia City Hills area in order to reduce the herd. The SBA continues to play a leadership role to increase collaborative of weed control and management programs Statewide. He said the SBA implemented the Nevada weed-free hay certification program. The SBA also works with the Division of Wildlife with many hunter-funded projects aimed at providing protection for loss of species, such as the sage grouse. Mr. Romero said there is a Statewide agriculture enforcement unit which is responsible for brand inspection, infectious diseases, quarantined plant or nursery stock, infested or infected agriculture products, commodities, and livestock. They have personnel checking incoming vehicles transporting agriculture.
Mr. Romero said over the past 10 years the SBA has placed an emphasis on updating and expanding training opportunities associated with licensed pest control operators, inspection and certification of processed agricultural products, shipping products to other countries, and the Nevada medical marijuana program which consists of 1300 applications. Approximately 260 people have been registered in this program since its inception. The SBA is currently conducting a comprehensive study on public land grazing trends. The reduction of animal unit per month in the public land-grazing trend has suffered a steady decline, which has affected the community and general public.
There being no further business, Chairman Rhoads adjourned the meeting at 2:37 p.m.
Gina Rasner,
Committee Secretary
APPROVED BY:
Senator Dean A. Rhoads, Chairman
DATE: