Senate Joint Resolution No. 4–Committee on
Natural Resources

 

(On Behalf of the Legislative Committee on Public
Lands’ Subcommittee on Wilderness and
Wilderness Study Areas)

 

February 11, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Urges Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas. (BDR R‑715)

 

FISCAL NOTE:  Effect on Local Government: No.

                   Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Senate Joint RESOLUTION—Urging the Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas.

 

1-1  Whereas, The provisions of 16 U.S.C. §§ 1131 et seq.,

1-2  commonly referred to as the Wilderness Act, establish the National

1-3  Wilderness Preservation System, which consists of areas of federal

1-4  public land that are designated by Congress as wilderness areas; and

1-5  Whereas, Congress has designated approximately 1.7 million

1-6  acres of certain federal public lands in Nevada as wilderness areas;

1-7  and

1-8  Whereas, If an area of federal public land is designated as a

1-9  wilderness area, it must be managed in a manner that preserves the

1-10  wilderness character of the area and ensures that the area remains

1-11  unimpaired for future use and enjoyment as a wilderness area; and

1-12      Whereas, In conjunction with the provisions of the Wilderness

1-13  Act, the Bureau of Land Management of the Department of the

2-1  Interior manages approximately 5 million acres of federal public

2-2  lands in Nevada identified as wilderness study areas; and

2-3  Whereas, Until a wilderness study area is designated by

2-4  Congress as a wilderness area or released, the wilderness study area

2-5  must be managed in a manner that does not impair its suitability for

2-6  preservation as a wilderness area; and

2-7  Whereas, Because a considerable amount of federal public

2-8  land in Nevada has been designated as wilderness areas or identified

2-9  as wilderness study areas and because such designation or

2-10  identification imposes significant restrictions concerning the

2-11  management and use of such land, including land used for mining,

2-12  ranching and recreation, the Legislative Commission appointed a

2-13  subcommittee in 2001 to conduct an interim study of wilderness

2-14  areas and wilderness study areas in this state; and

2-15      Whereas, During the 2001-2002 legislative interim, the

2-16  subcommittee met several times throughout this state and facilitated

2-17  important and wide-ranging discussions among many agencies,

2-18  organizations and persons with diverse interests, perspectives and

2-19  expertise concerning wilderness areas and wilderness study areas;

2-20  and

2-21      Whereas, The subcommittee received a great deal of valuable

2-22  input from those agencies, organizations and persons, including

2-23  many valuable recommendations for the Nevada Congressional

2-24  Delegation and Congress to consider in addressing the issues

2-25  concerning wilderness areas and wilderness study areas in a

2-26  responsible, reasonable and fair manner; now, therefore, be it

2-27      Resolved by the Senate and Assembly of the State of

2-28  Nevada, Jointly, That the members of the Nevada Legislature

2-29  urge the Nevada Congressional Delegation to work with all

2-30  interested Nevadans, land managers, affected parties, local

2-31  governments, special interest organizations and members of the

2-32  American public in a spirit of cooperation and mutual respect to

2-33  address issues concerning the designation of wilderness areas in

2-34  Nevada; and be it further

2-35      Resolved, That the members of the Nevada Legislature urge

2-36  Congress to:

2-37      1.  Encourage education at all levels of government and of all

2-38  affected parties to ensure that facts are accurately presented when

2-39  wilderness issues are debated and that the applicable laws are

2-40  properly interpreted when officials carry out legislation concerning

2-41  wilderness areas and wilderness study areas;

2-42      2.  Require the development of accurate, consensus-based maps

2-43  for boundaries of wilderness areas and wilderness study areas using

2-44  technologies such as Geographic Information Systems;

3-1  3.  Oppose the creation of buffer zones around wilderness areas

3-2  and instead support the requirement of clear and concise boundaries

3-3  based on recognizable features on the ground, including, without

3-4  limitation, roads and established drainage routes;

3-5  4.  Support efforts to ensure that existing roads are not closed to

3-6  create wilderness areas;

3-7  5.  Support the implementation of appropriate measures,

3-8  including, without limitation, the use of roads, to ensure that persons

3-9  who are elderly or have a disability have continued access to

3-10  wilderness areas;

3-11      6.  Support the preservation of roads that do not appear on a

3-12  map and may not have been documented but that have historically

3-13  been used to allow persons access to private property;

3-14      7.  For the purpose of allowing ranchers access to water

3-15  diversions located near wilderness areas or wilderness study areas,

3-16  support the use of “cherry-stem” roads, which are dead-end roads

3-17  that would geographically extend into wilderness areas but are

3-18  excluded from designation as parts of wilderness areas because the

3-19  boundaries of the wilderness areas are drawn around and just

3-20  beyond the edges of such roads;

3-21      8.  Specifically outline and guarantee all preexisting rights of

3-22  ranchers concerning grazing permits, water permits and access to

3-23  land and water necessary for ranching via “cherry-stem” roads in

3-24  any legislation concerning wilderness areas and wilderness study

3-25  areas;

3-26      9.  Support the use of appropriately managed grazing and

3-27  logging as integral tools for reducing potential fire danger in

3-28  wilderness areas and wilderness study areas;

3-29      10.  Consider future population growth and urban expansion

3-30  when designating wilderness areas in Nevada, as Nevada has been

3-31  the state with the highest percentage population growth in recent

3-32  years and public lands in Nevada are increasingly impacted by

3-33  human activity and development;

3-34      11.  Support the designation of the area of approximately 1,800

3-35  acres of land known as Marble Canyon, which is adjacent to the Mt.

3-36  Moriah Wilderness Area and which appears to have been

3-37  inadvertently excluded from the Nevada Wilderness Protection Act

3-38  of 1989, Public Law 101-195, as a wilderness area;

3-39      12.  Support national and state legislation which explicitly

3-40  requires that when a decision is made in the public land use

3-41  planning process which will affect economic activity on public land,

3-42  consideration must be given as to the effects of the decision on

3-43  communities that are dependent on natural resources;

3-44      13.  Hold extensive hearings in Washington, D.C., and in

3-45  Nevada before making any changes to the designation of wilderness

4-1  areas in Nevada or the identification of wilderness study areas in

4-2  Nevada or any other changes concerning public lands in Nevada;

4-3  14.  Use a collaborative process when designating a wilderness

4-4  study area as a wilderness area; and

4-5  15.  Support precise specification of the activities that are

4-6  authorized within wilderness areas and wilderness study areas; and

4-7  be it further

4-8  Resolved, That the Secretary of the Senate prepare and

4-9  transmit a copy of this resolution to the Vice President of the United

4-10  States as the presiding officer of the Senate, the Speaker of the

4-11  House of Representatives and each member of the Nevada

4-12  Congressional Delegation; and be it further

4-13      Resolved, That this resolution becomes effective upon

4-14  passage.

 

4-15  H