LEGISLATIVE COUNSEL BUREAU Legislative Committee on Public Lands (NRS 218E.510) BULLETIN 21-11 NOVEMBER 2020 LEGISLATIVE COMMITTEE ON PUBLIC LANDS Nevada Revised Statutes 218E.510 Members Senator David R. Parks, Chair Assemblywoman Heidi Swank, Vice Chair Senator Pete Goicoechea Senator Ira Hansen Senator Melanie Scheible Assemblyman Richard (Skip) Daly Assemblywoman Alexis Hansen Assemblyman Howard Watts III Daniel J. Corona, Mayor, City of West Wendover Alternate Members Senator Chris Brooks Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Sandra Jauregui Staff Contacts Research Division: Jered M. McDonald, Principal Policy Analyst Maria Aguayo, Research Policy Assistant (775) 684-6825 Legal Division: Heidi A. Chlarson, Senior Principal Deputy Legislative Counsel Erin R. Sturdivant, Senior Deputy Legislative Counsel Nick Steinheimer, Deputy Legislative Counsel (775) 684-6830 This report was prepared by the Research Division of the Legislative Counsel Bureau. For additional copies of this report, please contact the Research Library at (775) 684-6827 or [email protected]. The Research Division provides objective policy analysis, research, and assistance to the Nevada Legislature—its members, committees, and constituents. TABLE OF CONTENTS Page Nevada Revised Statutes 218E.510 ................................................................................................ iii Introduction ..................................................................................................................................... 1 Discussion of Testimony and Recommendations ........................................................................... 2 A. Legislative Committee on Public Lands ............................................................................. 2 B. Off-Highway Vehicles ........................................................................................................ 3 C. Open Meeting Law ............................................................................................................. 3 D. Public Lands, Generally ...................................................................................................... 3 E. School Trust Lands ............................................................................................................. 6 F. State Water Engineer .......................................................................................................... 6 G. Wildlife on Public Lands .................................................................................................... 7 Suggested Legislation ..................................................................................................................... 8 i Nevada Revised Statutes NRS 218E.510 Creation; membership; budget; officers; terms; vacancies; alternates. 1. There is hereby established a Legislative Committee on Public Lands consisting of four members of the Senate, four members of the Assembly and one elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands. The members who are Legislators must be appointed to provide representation from the various geographical regions of the State. 2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. 3. The members of the Committee shall select a Chair from one House and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Committee shall select a replacement for the remainder of the unexpired term. 4. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes. 5. Vacancies on the Committee must be filled in the same manner as original appointments. 6. The Legislative Commission may appoint alternates for members of the Committee. The Chair of the Committee: (a) May designate an alternate appointed by the Legislative Commission to serve in place of a regular member who is unable to attend a meeting; and (b) Shall appoint an alternate who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available. (Added to NRS by 1979, 5; A 1983, 209; 1985, 589; 2009, 1150, 1561; 2011, 3224)— (Substituted in revision for NRS 218.5363) iii INTRODUCTION The Legislative Committee on Public Lands is a permanent committee of the Nevada Legislature created in 1983. Chapter 218E of Nevada Revised Statutes (NRS) sets forth the Committee’s authority and duties. The Committee monitors natural resource and public lands matters crucial to the state’s economy, lifestyles, and traditions. It considers a wide range of subjects, covering all facets of forest and range science, methods of public land management and oversight, public services, resources associated with public lands, rural infrastructure, and water resources. Because most of Nevada’s lands (more than 85 percent) are under federal management, issues associated with public lands are an important topic for the Nevada Legislature. The Committee held five meetings during the 2019–2020 Interim: 1. December 17, 2019, held in Las Vegas, Nevada, and videoconferenced to Carson City, Nevada; 2. March 3, 2020, held in Caliente, Nevada; 3. May 29, 2020, held virtually; 4. September 10, 2020, held virtually; and 5. September 22, 2020, held virtually. The Committee received presentations and discussed reports from numerous agencies, individuals, local community representatives, and organizations. Topics and presenters, included, but were not limited to: • Advancements in water innovation services related to agriculture and mining; • The Coalition for Healthy Nevada Lands, Wildlife and Free-Roaming Horses; • The Colorado River Commission of Nevada; • Expansion efforts at Nellis Air Force Base and the Fallon Range Training Complex; • The Humboldt-Toiyabe National Forest, United States Forest Service (USFS), U.S. Department of Agriculture, including several ranger districts and recreation areas; • Multiple divisions and programs within the State Department of Conservation and Natural Resources (DCNR), including the Commission on Off-Highway Vehicles, the Division of Environmental Protection, the Division of Outdoor Recreation, the Division of State Parks, the Division of Water Resources, and the Sagebrush Ecosystem Council; • Nevada’s Division of Minerals, Commission on Mineral Resources; 1 • The Nevada Pinyon-Juniper Partnership; • The Nevada State Office of the Bureau of Land Management (BLM), U.S. Department of the Interior, and several BLM district offices; • The Reno-Sparks Indian Colony and the Las Vegas Paiute Tribe; • Representatives from Clark, Lincoln, and White Pine Counties; • School trust lands in Nevada; • The State of Utah’s water banking system; and • Various water authorities and districts, including the Central Nevada Regional Water Authority (CNRWA), the Lincoln County Water District, the Southern Nevada Water Authority, and the Virgin Valley Water District. On June 17, 2020, the chair requested that written recommendations be submitted to the Committee prior to its final meeting. Written recommendations received and considered by the Committee are included in the “Work Session Document” (WSD). More information about the Committee’s activities—including minutes, recordings of meetings, and copies of presentations and other exhibits—may be accessed on the Legislature’s website for the 2019–2020 Interim. DISCUSSION OF TESTIMONY AND RECOMMENDATIONS At its final meeting and work session on September 22, 2020, the Committee considered a total of 16 proposed actions for bill draft requests (BDRs) and letters. Additional information regarding all recommendations considered is available in the Committee’s WSD at: https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/16348. A. Legislative Committee on Public Lands Recommendation 1 The current membership of the Legislative Committee on Public Lands consists of nine members: four members of the Senate, four members of the Assembly, and one elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for the officer’s experience with and knowledge of matters relating to public lands. At its meeting on September 10, 2020, the Committee received two presentations on tribal issues related to public land management. In addition to testimony presented at various meetings throughout the interim, members of the Reno-Sparks Indian Colony and Las Vegas Paiute Tribe testified regarding the tribes’ significant interest in the management of public lands and resources in the state. 2 Based on a recommendation submitted by Assemblyman Watts, the Committee voted to draft a bill to appoint one tribal member to the Legislative Committee on Public Lands. (BDR 17–463) B. Off-Highway Vehicles Recommendation 1 At its meeting on March 3, 2020, the Committee received a presentation regarding Nevada’s Off-Highway Vehicle (OHV) Program, and DCNR staff outlined issues related to the Program, including limitations on registration, titling, and safety. Testimony indicated that, under