Senate Joint Resolution No. 4–Committee on
Natural Resources

 

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

 

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

 

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

 commonly referred to as the Wilderness Act, establish the National

 Wilderness Preservation System, which consists of areas of federal

 public land that are designated by Congress as wilderness areas;

 and

    Whereas, Congress has designated approximately 2 million

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

 and

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

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

 wilderness character of the area and ensures that the area remains

 unimpaired for future use and enjoyment as a wilderness area; and

    Whereas, A reasonable amount of wilderness area in this state

 provides for a diverse spectrum of recreational opportunities in

 Nevada, promotes tourism and provides a place for Nevadans to

 escape the pressures of urban growth; and

    Whereas, In conjunction with the provisions of the Wilderness

 Act, the Bureau of Land Management of the Department of the

 Interior manages approximately 3.86 million acres of federal public

 lands in Nevada identified as wilderness study areas; and

    Whereas, Until a wilderness study area is designated by

 Congress as a wilderness area or released, the wilderness study area

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

 preservation as a wilderness area; and

    Whereas, Because approximately 2 million acres of federal

 public land in Nevada have been designated as wilderness areas and

 approximately 8.6 percent of the federal public land in Nevada that

 is managed by the Bureau of Land Management has been identified

 as wilderness study areas and because such designation or

 identification is believed to impose significant restrictions

 concerning the management and use of such land, including land

 used for mining, ranching and recreation, the Legislative

 Commission appointed a subcommittee in 2001 to conduct an

 interim study of wilderness areas and wilderness study areas in this

 state; and

    Whereas, During the 2001-2002 legislative interim, the

 subcommittee met several times throughout this state and facilitated

 important and wide-ranging discussions among many agencies,

 organizations and persons with diverse interests, perspectives and

expertise concerning wilderness areas and wilderness study areas;

and

    Whereas, The subcommittee received a great deal of valuable

 input from those agencies, organizations and persons, including

 many valuable recommendations for the Nevada Congressional

 Delegation and Congress to consider in addressing the issues

 concerning wilderness areas and wilderness study areas in a

 responsible, reasonable and fair manner; now, therefore, be it

    Resolved by the Senate and Assembly of the State of

 Nevada, Jointly, That the members of the Nevada Legislature

 urge the Nevada Congressional Delegation to work with all

 interested Nevadans, land managers, affected parties, local

 governments, special interest organizations and members of the

 American public in a spirit of cooperation and mutual respect to

 address issues concerning the designation of wilderness areas in

 Nevada; and be it further

    Resolved, That the members of the Nevada Legislature urge

 Congress to:

    1.  Encourage education at all levels of government and of all

 affected parties to ensure that facts are accurately presented when

 wilderness issues are debated and that the applicable laws are

 properly interpreted when officials carry out legislation concerning

 wilderness areas and wilderness study areas;

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

 for boundaries of wilderness areas and wilderness study areas using

 technologies such as Geographic Information Systems;

    3.  Oppose the creation of buffer zones around wilderness areas

 and instead support the requirement of clear and concise boundaries

 based on recognizable features on the ground, including, without

 limitation, roads and established drainage routes;

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

 create wilderness areas;

    5.  Support the implementation of appropriate measures,

 including, without limitation, the use of roads, to ensure that

 persons who are elderly or have a disability have continued access

 to wilderness areas;

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

 map and may not have been documented but that have historically

 been used to allow persons access to private property;

    7.  For the purpose of allowing ranchers access to water

 diversions located near wilderness areas or wilderness study areas,

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

 that would geographically extend into wilderness areas but are

 excluded from designation as parts of wilderness areas because the

 boundaries of the wilderness areas are drawn around and just

 beyond the edges of such roads;

    8.  Specifically outline and guarantee all preexisting rights of

ranchers concerning grazing permits, water permits and access to

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

 any legislation concerning wilderness areas and wilderness study

 areas;

    9.  Support the use of appropriately managed techniques for

 managing vegetation, including, without limitation, grazing, and the

 use of appropriately managed logging as integral tools for reducing

 potential fire danger in wilderness areas and wilderness study areas;

    10.  Consider future population growth and urban expansion

 when designating wilderness areas in Nevada, as Nevada has been

 the state with the highest percentage population growth in recent

 years and public lands in Nevada are increasingly impacted by

 human activity and development;

    11.  Support the designation of the area of approximately 1,800

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

 Moriah Wilderness Area and which appears to have been

 inadvertently excluded from the Nevada Wilderness Protection Act

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

    12.  Support national and state legislation which explicitly

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

 planning process which will affect economic activity on public

 land, consideration must be given as to the effects of the decision

 on communities that are dependent on natural resources;

    13.  Hold extensive hearings in Washington, D.C., and in

 Nevada before making any changes to the designation of wilderness

 areas in Nevada or the identification of wilderness study areas in

 Nevada or any other changes concerning public lands in Nevada;

    14.  Use a collaborative process when designating a wilderness

 study area as a wilderness area; and

    15.  Support precise specification of the activities that are

 authorized within wilderness areas and wilderness study areas; and

 be it further

    Resolved, That the Secretary of the Senate prepare and

 transmit a copy of this resolution to the Vice President of the

 United States as the presiding officer of the Senate, the Speaker of

 the House of Representatives and each member of the Nevada

 Congressional Delegation; and be it further

    Resolved, That this resolution becomes effective upon

 passage.

 

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