NEVADA LEGISLATURE LEGISLATIVE COMMITTEE on PUBLIC LANDS (Nevada Revised Statutes [NRS] 218E.510)
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NEVADA LEGISLATURE LEGISLATIVE COMMITTEE ON PUBLIC LANDS (Nevada Revised Statutes [NRS] 218E.510) SUMMARY MINUTES AND ACTION REPORT The fifth meeting of the Nevada Legislature’s Legislative Committee on Public Lands was held on Thursday, July 28, 2016, at 9 a.m. in the Elko County Commission Chambers, Nannini Administration Building, 540 Court Street, Suite 102, Elko, Nevada. A copy of this set of “Summary Minutes and Action Report,” the “Meeting Notice and Agenda,” and other substantive meeting materials are available on the Nevada Legislature’s website at http://www.leg.state.nv.us/interim/78th2015/committee/. In addition, copies of the audio record are available through the Legislative Counsel Bureau’s Publications Office (e-mail: [email protected]; telephone: 775/684-6835) and may be available online at http://www.leg.state.nv.us/Granicus/. COMMITTEE MEMBERS PRESENT IN ELKO: Senator Donald G. Gustavson, Chair Assemblyman Ira Hansen, Vice Chair Senator Pete Goicoechea Senator Ben Kieckhefer Assemblyman John C. Ellison Assemblywoman Heidi Swank Assemblywoman Robin L. Titus, M.D. Ron Cerri, Humboldt County Commissioner COMMITTEE MEMBERS NOT PRESENT: Senator David R. Parks LEGISLATIVE COUNSEL BUREAU STAFF PRESENT: Jered M. McDonald, Senior Research Analyst, Research Division Heidi A. Chlarson, Principal Deputy Legislative Counsel, Legal Division Natalie J. Pieretti, Senior Research Secretary, Research Division Ryan Dombrowski, A/V Technical Assistant, Broadcast and Production Services (BPS), Administrative Division Don Glaze, A/V Technical Assistant, BPS, Administrative Division Dean Reynolds, Officer, Legislative Police, Administrative Division Dave Tubridy, Officer, Legislative Police, Administrative Division 2 Items taken out of sequence during the meeting have been placed in agenda order. AGENDA ITEM I—OPENING REMARKS Chair Gustavson welcomed the public to the fifth meeting of the Legislative Committee on Public Lands. AGENDA ITEM II—PUBLIC COMMENT Jered M. McDonald, previously identified, made notice of public commentary received prior to the meeting, including an updated list of recommendations received from Karen Boeger, Board Member, Nevada Chapter of Backcountry Hunters and Anglers (BHA) (Agenda Item II A-1) (Agenda Item II A-2) (Agenda Item II A-3), and a letter received from John F. Ruhs, State Director, Bureau of Land Management, United States Department of the Interior (Agenda Item II B). AGENDA ITEM III—APPROVAL OF THE MINUTES OF THE MEETING HELD ON MAY 20, 2016, IN CALIENTE, NEVADA MOTION: Assemblyman Ellison moved to approve the minutes of the meeting held on May 20, 2016, in Caliente, Nevada. The motion was seconded by Senator Kieckhefer and passed unanimously. AGENDA ITEM IV—UPDATE ON PUBLIC LANDS ISSUES IN NORTHEAST NEVADA A. Update on the Bureau of Land Management (BLM), U.S. Department of the Interior (DOI), Programs and Activities in Nevada Jill Silvey, Elko District Manager, BLM, DOI, highlighted the following issues occurring within the Elko District: (1) wildfires; (2) range conditions and conflicts with the wild horses and burros; (3) hydrologic recharging of streams and reservoirs; (4) mineral operations; (5) oil and gas lease sales; and (6) land conveyances. Several Committee members and Ms. Silvey held additional discussion regarding the appropriate management levels (AMLs) required by the Wild Free-Roaming Horses and Burros Act (WH&B) of 1971, future gathers, and long-term management plans for the wild horses and burros. Assemblyman Hansen asked whether annual plants are considered in allocating livestock numbers. 3 Ms. Silvey replied in one instance, annual grasses are heavily relied upon as part of the grazing regime. She stated the BLM is working with livestock operators in an effort to manage fuel loading. Continuing discussion with members ensued regarding the wildfire topic specifically related to budget costs and rehabilitation efforts reported by Ms. Silvey. Assemblyman Ellison requested statewide population numbers for the wild horses and burros and asked that they be provided prior to the final Committee meeting. B. Update on U.S. Forest Service (USFS), U.S. Department of Agriculture (USDA), Activities in Nevada William “Bill” Dunkelberger, Forest Supervisor, Humboldt-Toiyabe National Forest (HTNF), USFS, USDA, provided preliminary remarks and staff introductions. Nora Rasure, Intermountain Regional Forester, USFS, USDA, shared regional and national goals in sustaining forests, grasslands, and benefits to the public with the implementation of the Agricultural Act of 2014 (2014 Farm Bill). She explained plans for the integration of State and private forestry branches with National Forest System programs in an effort to strengthen land management and build connections with neighboring communities. Concluding, Ms. Rasure reported on restoration efforts for sage-grouse habitat and wildfire prevention and suppression. (Agenda Item IV A) Discussion ensued regarding: (1) AMLs; (2) adaptive management; (3) fuel reduction; (4) Nevada’s Conservation Credit System; (5) wildfire suppression funding; and (6) wild horse and burro gathers. John Baldwin, District Ranger, Mountain City-Ruby Mountains-Jarbidge Ranger District, HTNF, USFS, USDA, provided an update on the following programs relating to Elko and White Pine Counties: (1) minerals program; (2) rangeland management; (3) recreation and wilderness; (4) vegetation and fuels management; and (5) wild horse and burro management. (Agenda Item IV B-1) (Agenda Item IV B-2) There was discussion on the following topics: (1) AMLs; (2) off-highway vehicles; and (3) special use permit conflicts. C. Updates From Local Governments Concerning Issues Related to Public Land Management Demar Dahl, Commissioner, Board of County Commissioners, Elko County, provided testimony relating to sage-grouse and wild horses and burros, noting that wild horse numbers double every four years. 4 Discussion ensued regarding: (1) the Nevada Association of Counties (NACO) lawsuit; (2) the Ruby Vista Ranch housing development; and (3) wild horses and burros. J.J. Goicoechea, Chair, Board of County Commissioners, Eureka County, discussed how removing feral and estray horses impacted the sage-grouse and mule deer habitats and the ranching community in the county. Mr. Goicoechea provided an overview of issues related to Eureka County and stressed finding a solution to the BLM’s Planning 2.0 (Planning 2.0) initiative. Concluding, he requested the Office of the State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources (SDCNR), be provided the appropriate tools and direction for adjudicating water claims by the federal government. Committee members and Mr. Goicoechea discussed water resource issues. Jake Tibbitts, Natural Resources Manager, Department of Natural Resources, Eureka County, discussed various topics relating to land planning and management concerns and requested the Committee take action on a number of proposed requests. (Agenda Item IV C) Further discussion ensued regarding funding to develop protocol for RS 2477 rights-of-way and the NACO lawsuit. Assemblyman Hansen requested an agenda item at the Committee’s next meeting for discussion of joining the NACO lawsuit to compel the BLM to manage wild horse and burro herds as required by federal law under the WH&B Act. Chair Gustavson agreed with Assemblyman Hansen’s request. AGENDA ITEM V—OVERVIEW OF RECENT ACTIVITIES OF THE NEVADA ASSOCIATION OF COUNTIES RELATED TO PUBLIC LANDS AND NATURAL RESOURCES Tori Sundheim, Public Lands and Natural Resources Coordinator, NACO, provided an update on recent activities related to public land and natural resources. (Agenda Item V) Senator Kieckhefer requested information on federal agency projects, and Ms. Sundheim offered to provide a list to the Committee. Ms. Sundheim discussed building cooperative relationships with federal agencies, and Commissioner Cerri suggested the Committee include in the work session ways to assist NACO. At the behest of Chair Gustavson, Ms. Sundheim briefed the Committee on the NACO lawsuit, reporting submission to the court for decision will occur in the near future. 5 AGENDA ITEM VI—REVIEW OF MINING ACTIVITIES IN NEVADA Dylan Shaver, Vice President, Nevada Mining Association, shared a presentation of mining activities occurring in Nevada, including a review of the permitting process for new and existing mine expansions. (Agenda Item VI) Discussed ensued regarding: (1) lithium mine operations; (2) long-term mining and ranching goals; and (3) permitting timelines. AGENDA ITEM VII—REVIEW OF EFFORTS IN CONGRESS TO TRANSFER PUBLIC LANDS TO THE STATE OF NEVADA Demar Dahl, Chair, Nevada Land Management Task Force, provided a review of efforts by Congress and other states to effectuate land transfers from the federal government to the states. (Agenda Item VII A-1) (Agenda Item VII A-2) (Agenda Item VII A-3) (See: Legal Analysis of the Legal Consulting Services Team Prepared for the Utah Commission for the Stewardship of Public Lands.) AGENDA ITEM VIII—PRESENTATION REGARDING FENCING ON PUBLIC LANDS ADJACENT TO STATE OWNED TRANSPORTATION RIGHT-OF-WAYS Senator Goicoechea briefly provided an overview for the Committee. (Agenda Item VIII A) Rudy Malfabon, P.E., Director, Nevada’s Department of Transportation (NDOT), shared standards and specifications for fencing. He stated the ultimate goal is to work with resource agencies to provide a safe and connected transportation system. (Agenda Item VIII B) Several Committee