MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session March 6, 1995 The Senate Committee on Natural Resources was called to order by Vice Chairman Lawrence E. Jacobsen, at 1:40 p.m., on Monday, March 6, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Lawrence E. Jacobsen, Vice Chairman Senator Mark A. James Senator Mike McGinness Senator Ernest E. Adler Senator John B. (Jack) Regan Senator O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Dean A. Rhoads, Chairman (Excused) STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Pam Wilcox, Administrator, Division of State Lands Mike Meizel, Administrator, Buildings and Grounds Division The Rev. Andy Woodley, Minister, Stewart Community Baptist Church, and representative from the American Baptist Home Mission A. Brian Wallace, Chairman, Washoe Tribe of Nevada/California Stephanie Licht, Executive Secretary, Nevada State Board of Sheep Commissioners Jack N. Armstrong, D.V.M., State Veterinarian, Acting Administrator, Division of Animal Industry, Department of Agriculture Vice Chairman Jacobsen opened the hearing on Senate Bill (S.B.)168. SENATE BILL 168: Requires conveyance of certain state land to American Baptist Home Mission Society in exchange for certain transfers of land by Society., Pam Wilcox, Administrator, Division of State Lands, came forward to talk on S.B. 168. She referred to a map (Exhibit C) of the Stewart Indian School and explained the ownership outlined thereon. She indicated the map shows the specific exchange that is being authorized by S.B. 168. She urged the committee to approve the measure for the simple exchange. Ms. Wilcox pointed out there is a "marked-up" copy of the bill draft request in Exhibit C showing additional changes in the legal description of the property. She referred to an amendment (Exhibit D) which had been distributed to the committee which deletes all of section 2, subsection 2, page 2, of S.B. 168. Vice Chairman Jacobsen emphasized the property lines at the Stewart Indian School have been one of his personal projects for several years and that he is glad to see some of the problems being approached. Mike Meizel, Administrator, Building and Grounds Division, said S.B. 168 would help clean up some of the property problems at the Stewart complex, therefore his office supports the measure. Senator James inquired about water rights in the area. Vice Chairman Jacobsen informed the committee that when the state commenced trying to acquire the Stewart Indian School, the water rights were not secure, but he thought those problems have been firmed up. Mr. Meizel said there are two sources of water rights which serve the Stewart complex. They are the surface water on Clear Creek and an underground water right. The Rev. Randy S. Woodley, Pastor, Stewart Community Baptist Church, and representative from the American Baptist Home Mission Society, spoke in favor of S.B. 168. A. Brian Wallace, Chairman, Washoe Tribe of Nevada/California, came forward to testify in support of S.B. 168. He said the tribe is mostly interested in the boundary matters and the changes in the trade rights in Clear Creek. He testified for the record, that it is the understanding of the tribe that the federal conveyance process signed by President Reagan granted the tribe approximately 42.5 percent of surface yields of Clear Creek. He indicated clarification is still needed in that area. Mr. Wallace expounded on getting involved with the conveyance process at the federal level, and indicated the tribe has worked with the members of the Corpus Christi Catholic Church who have been supportive and interested in maintaining the historical relationship with the complex. He said in visiting with Mr. Woodley, it looks as though the next steps will be getting involved in the conveyance process between the Baptist Church and the tribe, and then the tribe will transfer that title in trust to the United States to be held for the benefit and use of the Washoe Tribe of Nevada/California. Mr. Wallace indicated for the record, he wanted to compliment Mr. Meizel for his cooperation in working with the tribe at the Stewart complex, as the tribe is an adjacent property owner. Vice Chairman Jacobsen asked Mr. Wallace to outline the projects the tribe is currently involved in at the Stewart complex area. Mr. Wallace told the committee there are 11 new homes going in along the southern boundary of Clear Creek which is adjacent to the Stewart campus; that they are financing a community facility and gymnasium which are set for construction in the spring of 1995 and a park is planned. He added they are coordinating a program with the Rite of Passage, a recovery process used for preparing youth offenders for their return to the mainstream of society. He told of the tribe's plan to finance an office complex and indicated they are working out lease arrangements with the Bureau of Indian Affairs to return to Stewart where the Nevada Indian Agency started. He expressed the tribe has enjoyed working with the state agencies, particularly in the area of trying to maintain and restore the heritage of the Stewart complex and its background. Mr. Wallace also made comments on the expansion of the cemetery in the area, and took the opportunity to invite the committee to the Memorial Day Celebration in recognition of Washoe and Indian veterans, which will be followed by a potluck dinner at the Carson Colony. Senator Adler said he thinks S.B. 168 is a good idea and that if other glitches are found in the boundaries at the complex, perhaps they could be corrected in this manner. Vice Chairman Jacobsen mentioned the trash and dumping along the south side of a ditch in the area. Mr. Wallace said that is the responsibility of the federal officials....the environmental part of the Indian Health Service and Bureau of Indian Affairs. He said the illegal dumping has been a problem and that hazardous wastes have actually been found along the streams. He asked for a letter of support from the state encouraging the tribe's efforts in this area. Vice Chairman Jacobsen offered the assistance of the state through honor camp crews, etc. in cleaning up some of the area. Senator Adler indicated he shared the sentiment with Vice Chairman Jacobsen in offering the cooperation of the state. Mr. Wallace expressed the tribe's support of S.B. 168 because it demonstrates a partnership that can be held up as an example between tribes and states and the private churches on conveyance issues. He said the common statement is that states and tribes, because of the historical relationships, cannot get together and especially on land conveyance issues. Mr. Wallace inquired about the legislative measure recognizing Pearl Harbor Remembrance Day. He said the tribe would like to lend support in writing to that measure. Senator James expressed his support to the amendment (Exhibit D). Vice Chairman Jacobsen closed the hearing on S.B. 168. ***** Vice Chairman Jacobsen opened the hearing on Senate Bill (S.B.) 177. SENATE BILL 177: Revises provisions governing inspection of sheep and issuance of sheep permits. Stephanie Licht, Executive Secretary, Nevada State Board of Sheep Commissioners, gave a brief history leading to the introduction of S.B. 177. She said in the past, according to state law, the sheep commission was the only agency that could issue permits for bands of sheep to cross state borders. But because that office is manned only part-time, the Division of Agriculture has been permitted, through a verbal agreement, to issue sheep permits so that permit numbers would be available in a businesslike fashion. Ms. Licht offered language through the Department of Business and Industry for the statutes so that the action which has been taking place since 1989 would be legal, and at the same time to allow the Bureau of Inspectors to serve as sheep inspectors. Vice Chairman Jacobsen asked how long sheep permits have been required. Ms. Licht said since 1907 when the sheep commission was established. Vice Chairman Jacobsen and Ms. Licht continued further discussion on the history of flocks of sheep in Nevada. Jack N. Armstrong, D.V.M., State Veterinarian, Acting Administrator, Division of Animal Industry, Department of Agriculture, came forward to explain a concern between the wildlife agencies and bighorn sheep groups with regards to transmission of disease from domestic sheep to wild sheep. He said there is a bumper zone around the areas inhabited by bighorn sheep which is protected from domestic sheep. He declared there are some diseases which are common in the sheep family and that research is ongoing in this field. Dr. Armstrong expressed his support for S.B. 177 which he said reinforces the cooperative efforts between the sheep commission and the Division of Animal Industry. There was further discussion between Vice Chairman Jacobsen, Dr. Armstrong and Ms. Licht concerning the sheep industry in Nevada. Ms. Licht added that Pete Parris, Chairman, State Board of Sheep Commissioners, verbally sends his support to S.B. 177. Vice Chairman Jacobsen closed the hearing on S.B. 177. ***** Senator Adler asked for a committee introduction of Bill Draft Request (BDR) 26-1094. BILL DRAFT REQUEST 26-1094: Authorizes lease of state land to certain nonprofit or educational organizations for reduced charge. SENATOR REGAN MOVED FOR COMMITTEE INTRODUCTION OF BDR 26- 1094. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.) ***** There being no further business to come before the committee, Vice Chairman Jacobsen adjourned the meeting at 2:20 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Dean A. Rhoads, Chairman DATE: Senate Committee on Natural Resources March 6, 1995 Page