STEVE SISOLAK Governor Sagebrush Ecosystem Program 201 Roop Street, Suite 101 Kelly McGowan , Program Manager Carson City, Nevada 89701 Dan Huser, Forestry/Wildland Fire Telephone (775) 684-8600 Kathleen Petter, State Lands Facsimile (775) 684-8604 Ethan Mower , Agriculture www.sagebrusheco.nv.gov Katie Andrle, Wildlife STATE OF NEVADA Sagebrush Ecosystem Program LEGISLATIVE REVIEW OF ADOPTED REGULATIONS AS REQUIRED BY NRS 233B.066 LCB FILE NO. R024-19 The following statement is submitted for adopted amendments to Nevada Administrative Code (NAC) Chapter 348A. 1) A clear and concise explanation for the need for the adopted regulation. In 2015, the US Fish and Wildlife Service determined to not list the greater sage-grouse as "endangered", with stipulations. This determination was based, in part, that there were regulatory assurances in place to stem the decline of habitat loss. In order to help stem this loss, the Sagebrush Ecosystem Program created a mitigation system, which still allows for mining, oil, gas, electric, and other actions that cause a disturbance, but offsets certain impacts through off-site mitigation. The proposed regulations specify that mitigation would be a requirement, in order to help prevent key habitat loss for the greater sage-grouse, thus reducing the chance for a listing under the Endangered Species Act. With a listing, the management of the greater sage-grouse would transfer to the federal government. This regulation benefits the State of Nevada as a whole by keeping the bird and its habitat under the state’s control with the state benefiting from our conservation programs. 2) A description of how public comment was solicited, a summary of public response, and an explanation how other interested persons may obtain a copy of the summary. The Sagebrush Ecosystem Program sent a questionnaire out to all known affected businesses, which included, but was not limited to, mining and energy industries. It was determined that, through information from sources such as the Nevada Division of Minerals, there are sixty-six small businesses in Nevada that may be impacted by the regulations. Of the sixty-six questionnaires sent out, two were undeliverable, and six were returned with answers. Four stated no impacts, and two stated impacts, but the type and magnitude of impacts were unknown. The Program followed up with the one of the impacted business to further discuss their concerns. Even though there was a misunderstanding as to what the regulations would require, they did voice that this might cause a financial hardship for the smaller industries, such as mineral exploration, to require mitigation on top of their initial costs. All other entities not captured by this mailing were able to voice their concerns during the temporary regulation workshops on December 11, 2018 in the Guinn Room at the Capitol Building at 101 N. Carson Street, Carson City, Nevada and December 20, 2018 in Room 201 at the County Courthouse at 50 W 5th Street, Winnemucca, Nevada. The Sagebrush Ecosystem Program notified interested parties through email and sent notices for posting to: Public buildings for both workshops and hearings: Office Address Nevada Department of Agriculture 405 South 21st Street, Sparks, Nevada Nevada Department of Conservation 901 S. Stewart Street, Carson City, Nevada and Natural Resources Nevada Department of Wildlife 1100 Valley Road, Reno, Nevada Nevada Department of Wildlife 6980 Sierra Pkwy #120, Reno, Nevada Legislative Building 401 South Carson Street, Carson City, Nevada Library and Archives 100 N. Stewart Street, Carson City, Nevada Nevada State Capitol 101 North Carson Street, Carson City, Nevada Sagebrush Ecosystem Program 201 South Roop Street, Ste. 101, Carson City, Nevada All county libraries for the hearings: Library Address Carson City Library 900 N Roop Street, Carson City, Nevada 89701 Churchill County Library 553 South Main Street, Fallon, Nevada 89406 Las Vegas-Clark County Library HQ 833 Las Vegas Boulevard North, Las Vegas, Nevada 89101 Douglas County Library 1625 Library Lane, Minden, Nevada 89423 Elko County Library 720 Court Street, Elko, Nevada 89801 Esmeralda County Library P.O. Box 430, Goldfield, Nevada, 89013 Eureka County Library 80 Monroe Street, Eureka, Nevada 89316 Humboldt County Library 96 East 5th Street, Winnemucca, Nevada 89445 Battle Mountain Branch Library 625 South Broad Street, Battle Mountain, Nevada 89820 (Lander County) Lincoln County Library 63 Main Street, Pioche Nevada 89043 Lyon County Library 20 Nevin Way, Yerington, Nevada 89447 Mineral County Library P.O. Box 1390, Hawthorne, Nevada 89415 Pershing County Library 1125 Central Avenue, Lovelock, Nevada 89419 Storey County Treasurer and Clerk's 265 B Street Drawer D, Virginia City, Nevada 89440 Office Tonopah Public Library (Nye P.O. Box 449, Tonopah, Nevada 89049 County) Washoe County Library 301 South Center Street, Reno, Nevada 89501 White Pine County Library 950 Campton Street, Ely, Nevada 89301 Online for workshops and hearings: Office Website Sagebrush Ecosystem Program http://sagebrusheco.nv.gov/Meetings/Meetings/ Website State of Nevada Posting Notice Site https://notice.nv.gov/ Legislature Administrative https://www.leg.state.nv.us/App/Notice/A/ Regulation Notices Listserv – Sagebrush Ecosystem https://listserv.state.nv.us Program Legislative Council Bureau [email protected] Entities were encouraged to comment on the proposed mitigation regulation, either verbally or through written comments. Thirty-seven people were present at the December 11 workshop, with ten people making verbal comments and one submitting written comments. Fifteen people were present at the December 20, 2019 workshop, with eight people making verbal comments and one submitting written comments. Three more sets of written comments were submitted following this final workshop. Four sets of comments were submitted prior to the Temporary Regulations Adoption Hearing on March 19, 2019 in the PEBP room at the Bryan Building at 901 S Stewart St, Carson City, NV 89701, with thirty- four people present at the hearing. Fifteen people made verbal comments. The adoption of the temporary regulations was postponed at this hearing pending more information. One written comment was submitted after this hearing. Another adoption hearing was held on April 29, 2019 at the Nevada Department of Wildlife at 6980 Sierra Center Pkwy #120, Reno, NV 89511. Thirty-two people were present at this hearing, with thirteen making verbal comments. The temporary regulation was unanimously adopted after minor wording changes. The workshop for the permanent regulations was held September 19, 2019 at 9:00am in the Tahoe Room at the Richard Bryan Building at 901 S. Stewart Street, Carson City, Nevada. The hearing for the adoption of the regulations was held on October 3, 2019 at 1:00pm at the Nevada Department of Wildlife at 6980 Sierra Center Pkwy #120, Reno, NV 89511. The Sagebrush Ecosystem Program notified interested parties through email, sent notices for posting to eight public buildings (and all county libraries for the hearing), and posted notice of the workshops and hearings online at the Sagebrush Ecosystem Program’s website, the Legislative Counsel Bureau’s site, and the State of Nevada’s official site (see above for details). Entities were encouraged to comment on the proposed mitigation regulation, either verbally or through written comments by September 27, 2019. Fourteen people were present at the September 19 workshop, with four people making verbal comments and one submitting written comments. Six additional comments were submitted prior to the September 27, 2019 deadline. Thirty-eight people were present at the October 3, 2019 hearing, with seventeen making verbal comments. The permanent regulation was unanimously adopted after various wording changes. Minutes of the public workshops and hearings capture the discussions held regarding both the adopted permanent and the adopted temporary regulation. Minutes and written comments may be obtained online at sagebrusheco.nv.gov or from the Sagebrush Ecosystem Program at 201 S. Roop Street, Suite 101, Carson City, Nevada 89701 by contacting Kathleen Petter, Sagebrush Ecosystem Technical Team at [email protected]. A list of names and contact information, including telephone numbers, electronic mail address, and name of entity or organization represented, for each person identified above is attached below in Appendix A. A summary of comments and responses are included below in Appendix B. 3) The number of persons who a) Attended each hearing: Temporary Regulation Hearing 03/19/2019 – 34; Temporary Regulation Hearing 04/29/2019 – 32; Permanent Regulation Hearing 10/03/2019 – 38 b) Testified at each hearing: Temporary Hearing 03/19/2019 – 15; Temporary Hearing 04/29/2019 – 13; Permanent Regulation Hearing 10/03/2019 – 17 c) Submitted to the agency written comments: One written comment was submitted after the 03/19/2019 Temporary Regulation Hearing, and no written comments were submitted after the 04/29/2019 and 10/03/2019 Hearings. Please see #4 above and Appendix A for details. 4) A list of names and contact information, including telephone numbers, business address, business telephone number, electronic mail address, and name of entity or organization represented, for each person identified above in #3, as provided to the agency. Please see Appendix A. 5) A description of how comments were solicited from affected businesses, a summary of their responses, and an explanation how other