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 , Vice Chair Senator Senator Senator Melanie Scheible Assemblyman Richard (Skip) Daly Assemblywoman Assemblyman Howard Watts III Daniel J. Corona, Mayor, City of West Wendover

Alternate Members

Senator Chris Brooks Assemblywoman Shannon Bilbray-Axelrod Assemblywoman

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 —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

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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)

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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 , 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;

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• 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.

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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 the current process, registration is difficult to obtain and enforce. It is estimated that only 10 percent of users comply with the OHV registration law. As a result, Nevada receives only a fraction of the OHV registration revenue it should, reducing the funding available to implement important safety, education, natural resource, and OHV trail projects across the state. The presentation also included discussion regarding the safety of riders younger than 16 years of age.

Based on recommendations submitted by DCNR, the Committee voted to draft a bill to: (1) replace the current OHV registration system with an annual use decal; (2) require out-of-state OHV users and vehicles registered for street use and modified for off-road riding to acquire an annual sticker; and (3) require all OHV users under 16 years of age to wear a helmet on all types of OHVs. (BDR 43-464)

C. Open Meeting Law

Recommendation 1

In response to the Committee’s solicitation for recommendations, the Eureka County Board of Commissioners provided information regarding the inability of boards of county commissions and other public bodies to effectively participate in National Environmental Policy Act (NEPA) (Pub.L. 91-190) processes due to federal regulations and policies requiring nondisclosure agreements during deliberative and predecisional meetings. Testimony at the Committee’s work session further indicated that county commissions engaged in the NEPA process as cooperating agencies are precluded due to Nevada’s Open Meeting Law (OML) requirements and that the OML diminishes the role of state and local officials by prohibiting them from deliberating in nonpublic meetings.

Based on a recommendation submitted by the Eureka County Board of Commissioners, the Committee voted to draft a bill to provide an exemption to the OML to allow local governments to engage in deliberative and predecisional nonpublic meetings with federal agencies concerning matters related to NEPA. (BDR 19–466)

D. Public Lands, Generally

Recommendations 1, 2, 3, and 4

In early September, Assemblyman Watts submitted information on behalf of the Confederated Tribes of the Goshute Reservation, the Ely Shoshone Tribe, and the Duckwater Shoshone Tribe regarding a recommendation for a possible BDR concerning a population of swamp cedar trees

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located in eastern Nevada. During its work session held on September 22, 2020, the Committee received testimony regarding the unique nature and history of certain swamp cedars located in Spring Valley, White Pine County, Nevada. According to testimony provided by tribal members, the population has unique characteristics as well as historical significance to Native American tribes in the region. Tribal members also testified that the area is vital to their ceremonial, cultural, and spiritual heritage.

Due to the location of the trees on federal land and uncertainty related to the ability of the state to protect the trees or a specific site, the Committee approved the following four recommendations:

1. Draft a bill to list the Spring Valley, Nevada, population of the swamp cedar as a protected species of native flora (BDR 47–468);

2. Draft a resolution urging the federal government to protect certain portions of Spring Valley identified as having cultural and historical importance to Native American tribes in the region (BDR R–467);

3. Send a letter to the Division of Forestry, DCNR, requesting a study of the swamp cedar groves located in Spring Valley; and

4. Send a letter to the Office of Historic Preservation, DCNR, and the Nevada Natural Heritage Program requesting a review of the historical significance and possible protection of the swamp cedar groves located in Spring Valley.

Recommendation 5

On September 10, 2020, the administrator of the Division of Outdoor Recreation discussed the recent passage of H.R. 1957 (Great American Outdoors Act) of the 116th Congress, which allocates $1.4 billion to the newly established National Parks and Public Land Legacy Restoration Fund to complete projects on federal lands within the USFS footprint over the next five years. These funds will address the maintenance backlog that is necessary for achieving improvements on public lands, such as repairing campgrounds, roads, trails, and other deferred maintenance projects.

Based on a recommendation by Chair Parks, the Committee voted to send a letter expressing the Committee’s support of the Great Basin National Park federal funding requests, particularly funds for maintenance backlogs on public lands, under H.R. 1957.

Recommendation 6

During its work session held on September 22, 2020, the Committee discussed the recommendation submitted by the Eureka County Board of Commissioners regarding the status of lands held by the federal government under H.R. 4362 (Recreation and Public Purposes Amendment Act of 1988) of the 100th Congress. Lands held under the Act are owned by the federal government and are leased to public and not-for-profit agencies. In many cases, structures and other improvements, such as fairgrounds, schools, and shooting ranges, have been constructed by the agencies; however, due to the ownership arrangement, it places certain limitations on the activities of local governments and not-for-profit agencies.

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The Committee voted to draft a resolution supporting land sales and transfers of property owned under H.R. 4362 to local governments and nonprofit agencies where they have constructed and operate public and not-for-profit facilities. (BDR R–470)

Recommendation 7

During its meeting on May 29, 2020, the Committee received updates from the BLM and USFS regarding the ongoing fire season. Testimony included an overview of each agency’s work throughout the state, including efforts to reduce the threat of wildland fire through fuel treatments, firebreak construction, and conducting prescribed burns in strategic locations. The Committee was also apprised of the efforts to conduct firefighting activities in the face of the Coronavirus Disease of 2019 (COVID-19) pandemic.

The Committee voted to send a letter to the USFS and the BLM urging their continued cooperation with state, local, and private land owners to address wildfires in Nevada. Further, the letter requests each agency to amplify fire suppression efforts, seek flexible land management options, and increase financial resources available to address the issue.

Recommendation 8

During its work session held on September 22, 2020, the Committee received testimony—based on a recommendation submitted by the Eureka County Board of Commissioners—regarding the capacity to fully implement the provisions of Senate Bill 456 (2015), which strengthened the provisions of NRS 405.204 to protect against travel restrictions and road closures. The bill urges Nevada’s attorney general (AG) to take a leadership role in pursuing actions on behalf of the state and counties in formalizing and finalizing title to accessory roads and public roads. More specifically, SB 456 authorizes the AG to participate as a party in a quiet title action regarding such roads in cooperation with or on behalf of the county or counties in which the road lies.

The Committee voted to send a letter to the governor, the AG, and the chairs of the Senate Committee on Finance and the Assembly Committee on Ways and Means of the 2021 Legislative Session seeking funds to implement SB 456.

Recommendation 9

At its meeting on March 3, 2020, the Committee heard testimony from representatives of the Nevada Pinyon-Juniper Partnership related to the expansion of pinyon-juniper (PJ) forests throughout large sections of the state. According to testimony, PJ forests pose a significant fire risk and encroach on sage brush ecosystems. The Committee also received a presentation regarding a proposal to develop renewable polymers, chemicals, and fuels from PJ forests harvested on public lands. According to the concept described, certain products can be made with less energy, generating less waste and releasing lower amounts of carbon dioxide from biomass than from crude oil. With 47 million acres of land impacted by invasive PJ forests in the Great Basin, there is the potential opportunity to manage up to 9 million acres of invasive PJ forests, on a sustainable 30- to 40-year cycle, generating up to 2 million tons per year of renewable feedstock.

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The Committee voted to include a position statement in its final report supporting the expansion of current efforts to implement landscape scale projects utilizing PJ woodland biomass in a way that benefits economic stability, energy production, hydrologic function, rangeland health, and wildlife habitat.

E. School Trust Lands

Recommendation 1

At its meeting on March 3, 2020, the Committee received a presentation concerning school trust lands in Nevada and a proposal to request the transfer of certain federal land to the State of Nevada. According to testimony provided by representatives of Advocates for School Trust Lands (ASTL) and White Pine County School District (WPCSD), at the time of statehood, Nevada and its neighboring western states received certain school trust land grants. These lands provided funding for schools through leases and royalties generated by extraction activities. While some surrounding states received four sections of each township map, Nevada only received two sections. According to ASTL and WPCSD, additional land placed into a school trust would ensure that revenue generated from public lands stays in Nevada and is used for education, and restoring school trust lands will also put Nevada on equal footing with Arizona, New Mexico, and Utah.

The Committee voted to draft a resolution seeking the transfer of certain federal lands to the State of Nevada for the purpose of supplementing the state’s Permanent School Fund through the addition of school trust lands. (BDR R–469)

F. State Water Engineer

Recommendation 1

In response to the Committee’s solicitation for recommendations, DCNR provided information and a recommendation regarding the qualifications of the state engineer. As discussed at the Committee’s work session held on September 22, 2020, representatives of DCNR described the position of state engineer as an unclassified position that serves as both Nevada’s chief water engineer and administrator of the Division of Water Resources. As defined in statute, the state engineer must be a licensed professional engineer (P.E.); however, according to further testimony, holding a P.E. as the sole requirement to serve as state engineer has become outdated. While being a licensed P.E. is still a key professional qualification for the position, other technical expertise is now equally important for the role. In the modern era of water management, most of the “engineering” elements of the position are now well understood or have been overcome with new technological advancements, and other science and technical specialties, such as hydrology and geology, are now the main technical challenges for responsible water management in Nevada.

The Committee voted to draft a bill to expand the qualifications for the position of state engineer to include experience and/or advanced education in geology, hydrology, water resource engineering, and water rights. (BDR 48–471)

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Recommendation 2

At its final meeting held on September 22, 2020, the Committee received a presentation from the CNRWA regarding the establishment and duties of groundwater boards. Under existing law, the state engineer may establish a groundwater board upon the recommendation by a board of county commissioners. The CNRWA testified that it does not know of any groundwater boards that have been established by the state engineer. Testimony also indicated that about half of the groundwater basins in Nevada are designated, and the state engineer has proposed designating an additional 53 basins. By designating a basin, the state engineer is granted additional authority in the administration of the groundwater resources within the designated basin. The CNRWA testified that preserving Nevada’s limited water resources requires coordination and collaboration.

Based on a recommendation submitted by the CNRWA, the Committee voted to draft a bill authorizing a board of county commissioners to establish a groundwater board for areas designated as a groundwater basin by the state engineer. Further, county commissions may appoint members to the groundwater board, and a groundwater board may only be dissolved by the board of county commissioners. (BDR 48–462)

G. Wildlife on Public Lands

Recommendations 1 and 2

Throughout the interim, the Committee received testimony regarding wild horse populations in Nevada. The Wild Free-Roaming Horses and Burro Act of 1971 (Pub. L. 92-195) authorizes federal agencies to remove excess wild horses and burros from the range to sustain the health and productivity of public lands; however, according to testimony, horse populations in herd management areas are on average three times the appropriate management levels. At the September 10, 2020, meeting, the Coalition for Healthy Nevada Lands, Wildlife and Free-Roaming Horses, discussed how horses are adversely impacting ecosystem forage, habitat, health, and water resources. The Committee was also presented with the BLM’s 2020 report to Congress seeking short-term funding for immediate effectiveness and longer-term funding for sustained efficacy to successfully remove excess horses and burros to appropriate management levels.

The Committee voted to:

1. Draft a resolution calling on the U.S. Congress to provide funding to successfully reduce the number of free-roaming wild horses and burros to appropriate management levels, using nonlethal means, within six years, to protect and restore the health and viability of public lands in Nevada (BDR R–465); and

2. Send a letter urging Nevada’s Congressional Delegation to support the BLM’s 2020 report to Congress to seek the removal of excess horses and burros to appropriate management levels within six years.

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SUGGESTED LEGISLATION

The following bill draft requests will be available during the 2021 Legislative Session at the following website: https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bdrs/List.

BDR 48–462 Revises provisions relating to groundwater boards.

BDR 17–463 Revises the membership of the Legislative Committee on Public Lands.

BDR 43–464 Makes various changes relating to off-highway vehicles.

BDR R–465 JR: Urges Congress to provide funding to reduce the wild horse and burro populations to appropriate management levels.

BDR 19–466 Revises provisions relating to the Open Meeting Law.

BDR R–467 JR: Urges Congress to designate certain land in Spring Valley as a National Heritage Area.

BDR 47–468 Revises provisions relating to swamp cedars.

BDR R–469 JR: Urges that Congress give Nevada certain school trust lands.

BDR R–470 JR: Expresses support for certain federal land sales and transfers to governmental agencies and nonprofit agencies.

BDR 48–471 Revises the qualifications of the state engineer.

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