MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session May 1, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:50 p.m., on Monday, May 1, 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 Dean A. Rhoads, Chairman 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 STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary GUEST LEGISLATORS PRESENT: Assemblyman John Marvel, Assembly District No. 34 OTHERS PRESENT: Danny L. Thompson, Lobbyist, Nevada State American Federation of Labor/Congress of Industrial Organizations Stephanie Licht, Secretary/Treasurer, Nevada Wool Growers Association and Executive Secretary, Nevada State Board of Sheep Commissioners Paul Bottari, Secretary/Treasurer, Nevada Outfitter and Guide Association Joseph L. Johnson, Lobbyist, Coalition for Nevada's Wildlife Bill Gibson, Owner, Elko Guide Service Steve Wright, Owner, Secret Pass Outfitters Willie Molini, Administrator, Division of Wildlife, State Department of Conservation and Natural Resources Clayton Johnson, Self, Sportsman Russ Fields, Administrator, Division of Minerals, Department of Business and Industry Susie Mason, Vice President/Manager, Land and Administration, Pitstone Nevada Gold Company, Reno, Nevada Chairman Rhoads asked for a motion for a committee introduction of Bill Draft Request (BDR) 40-1865. BILL DRAFT REQUEST 40-1865: Increases number of users necessary for system which provides public with piped water to qualify as public water system. SENATOR REGAN MOVED FOR A COMMITTEE INTRODUCTION OF BDR 40- 1865. SENATOR McGINNESS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** Chairman Rhoads opened the hearing on Senate Concurrent Resolution (S.C.R.) 23. SENATE CONCURRENT RESOLUTION 23: Encourages purchase of local agricultural products. Danny L. Thompson, Lobbyist, Nevada State American Federation of Labor/Congress of Industrial Organizations, explained a similar resolution had been introduced in the 1985, 1987 and 1989 legislative sessions and has been passed each time. He indicated this resolution simply encourages (without mandates) regulatory agencies to purchase agricultural goods that are grown and packaged in Nevada. Stephanie Licht, Secretary/Treasurer, Nevada Wool Growers Association, testified in support of S.C.R. 23. Chairman Rhoads closed the hearing on S.C.R. 23 and opened the hearing on Assembly Bill (A.B.) 160. ASSEMBLY BILL 160: Makes various changes to provisions governing issuance of restricted nonresident deer tags. At this point, Chairman Rhoads turned the chair over to Vice Chairman Jacobsen as he had to meet a previous obligation. Paul Bottari, Secretary/Treasurer, Nevada Outfitter and Guide Association, came forward in support of A.B. 160, as amended. He talked on the history of predecessors of this measure and indicated the guiding services had been attempting to gain stability in the guiding industry in Nevada for about 11 years. He said because Nevada is a "draw" state where everybody has to draw for deer tags and nonresidents can only get 10 percent of the available nonresident tags, it makes it difficult for nonresidents to get tags in Nevada. Therefore, when Nevada became a draw state the "guiders" noted a lot of the nonresidents were not putting in for Nevada anymore, but rather going to states like Montana where there was 50 percent odds of getting a tag or to Idaho or Colorado where nonresident tags can be purchased outright. Past legislation created the Nonresident Guided Hunt, which set aside 250 tags, statewide, out of the nonresident quota tags, and those tags were to be identified for guided hunts with guides, thereby helping stabilize the guiding industry in Nevada. Mr. Bottari referred to a handout (Exhibit C) which listed suggested amendments to A.B. 160, and he explained each item therein. Joseph L. Johnson, Lobbyist, Coalition for Nevada's Wildlife, testified in support of the concept of A.B. 160. He said this concept has proven to be beneficial to the wildlife industry. Bill Gibson, Owner, Elko Guide Service, came forward in support of A.B. 160. He related that the guide business in Nevada has been relatively insecure and very tenuous the last few years. He said A.B. 160 would give the "guiders" a greater measure of stability, which is needed. He indicated the guides in Nevada are very dedicated to increase tourism and very happy to be a part of the economic fabric of Nevada. Steve Wright, Owner, Secret Pass Outfitters, stated that Mr. Bottari has spelled out the mechanics of the goal that the outfitters were aiming for. He said he had been in the guide service business for 37 years and he gave some background of the industry. He said after watching the draw system, it was realized that if this measure, A.B. 160, is not enacted there would be no more guide service in Nevada. Mr. Wright expounded on the history of the guide industry and concluded by encouraging passage of A.B. 160 with the amendments. Vice Chairman Jacobsen asked Mr. Wright to give a synopsis of what the upcoming deer season looked like. Mr. Wright said from his observation, the 1995 hunting season should be a good one. At the questioning of Vice Chairman Jacobsen, Mr. Wright indicated there is a predator control problem in the rural areas. Willie Molini, Administrator, Division of Wildlife, State Department of Conservation and Natural Resources, told the committee that A.B. 160 is an agency measure. He is in agreement with the amendments which Mr. Bottari had walked the committee through. However, he did say there was concern over the 50 percent of the available rifle deer tags which could go to guided nonresident hunters. He said the bill was introduced primarily for revenue generation purposes. He stated with the amendments put on while in the Assembly, the anticipated increased revenue would be about $57,500, which is about $30,000 less than initially proposed. He said the biggest concern is the impact on the "buy" area, i.e., half of the tags going to guided nonresident hunters rather than the regular nonresidents. Vice Chairman Jacobsen inquired if there had been any problems with this particular program to which Mr. Molini replied there had been none. Vice Chairman Jacobsen and Mr. Molini discussed the various hunting areas overall. Senator McGinness inquired if the drawing for the guided nonresident tags was held earlier in the year than the regular nonresident tag drawing. Mr. Molini said yes they were, therefore, if the nonresident is unsuccessful in acquiring a guided tag then that person can apply for the regular nonresident tag. Senator McGinness referred to a court case in another state which ruled that states cannot restrict nonresident hunting because so much of the land is federally owned. Mr. Molini agreed there have been at least four different cases of nonresidents involving two areas: 1) Has to do with the differential cost, and the ruling has been in favor of the state that a differential fee can be charged; and 2) In terms for equal opportunity for application, a case in Montana found in favor of the state's discrimination against nonresidents; while another case in New Mexico, relative to bighorn sheep specifically, the court found that all people, residents and nonresidents, must be treated on an equal footing, and now in New Mexico for bighorn sheep tags, residents and nonresidents apply in the same pool. Senator McGinness asked if everyone is being treated equally by increasing the number of guided nonresident tags up to 50 percent, and is that creating a particular class of hunters? Mr. Molini replied in the affirmative. Senator McGinness then inquired if there will be any areas that do not have non-guided tags. Mr. Molini said there are some areas that do not have nonresident guided tags, but that some of those areas are not very popular. Clayton Johnson, Self, Sportsman, said his concern is with the amendments, basically line 12 which changes the 25 percent to 50 percent. He indicated his testimony is related to a personal family situation. Vice Chairman Jacobsen closed the hearing on A.B. 160 and opened the hearing on Assembly Bill (A.B.) 178. ASSEMBLY BILL 178: Revises certain requirements for defining boundaries of mining claims. Assemblyman John Marvel, Assembly District No. 34, introducer of A.B. 178, stated the measure was primarily to refine a bill which was passed during the 1993 Legislative Session, Assembly Bill (A.B.) 2 of the 67th Session. ASSEMBLY BILL 2 of the 67th Session: Revises certain requirements concerning marking of boundaries of lode mining claims. He stated A.B. 178 is the result of extensive amendments introduced in the Assembly which he thought made the measure very workable and will be acceptable by all the industry people, the environmentalists and all those concerned with the location of mining claims within the state of Nevada. Mr. Marvel then introduced Russ Fields, Administrator, Division of Minerals, Department of Business and Industry, who indicated he supports the passage of A.B. 178. Mr. Fields read a prepared statement (Exhibit D) which explained when A.B. 2 of the 67th Session was approved, it seemed to solve the problem with some of the posts that are used as mining claim monuments. But that there is a problem related to the plastic or PVC (poly vinyl chloride) pipes, wherein the pipes have been found to pose traps for small wildlife, lizards, etc. So the industry came forth to find a solution to that problem. Mr. Fields continued to read from Exhibit D and concluded his remarks by urging passage of A.B. 178 by this committee. Vice Chairman Jacobsen and Mr. Fields added further discussion concerning the current mining industry. Susie Mason, Vice President/Manager, Land and Administration, Pitstone Nevada Gold Company, Reno, Nevada, came forward in support of A.B. 178. Ms. Mason told the committee she is a Certified Professional Landman and also president of Nevada Landman's Association. She said the Nevada Landman's Association believes A.B. 178 addresses the technicalities in mine monumentation which will meet all the concerns of environmentalists and the requirements for clear title to be provided to unpatented mining claims, and for bankers to provide lending for mining operations. Vice Chairman Jacobsen asked Ms. Mason to outline the current methods of identifying mining claims. She replied that staking of an unpatented mining claim which is controlled by federal law, permits states to determine the types of monumentation that will be acceptable within that state. She said in Nevada, the PVC pipe (which the measure under discussion eliminates) or wooden posts or blazed trees or stone are legal. But that most typically small wooden posts are being used in Nevada. Ms. Mason provided further discussion in reference to legality of claim filing within Nevada. Vice Chairman Jacobsen closed the hearing on A.B. 178. Vice Chairman Jacobsen opened the work session on Senate Bill (S.B.) 348. SENATE BILL 348: Revises provisions governing powers and duties of state predatory animal and rodent committee and places committee to control predatory animals under control of state board of sheep commissioners. Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau, explained S.B. 348 changes the laws which govern the State Predatory Animal and Rodent Committee. He indicated there had been no opposition to the measure when it was previously heard by the committee. Vice Chairman Jacobsen invited Stephanie Licht, Executive Secretary, Nevada State Board of Sheep Commissioners, to speak briefly on the measure. She basically repeated the testimony she had given during the previous hearing on April 24, 1995. Ms. Licht submitted a Memorandum (Exhibit E) written by Jack N. Armstrong, D.V.M., Acting Administrator, Division of Agriculture, Department of Business and Industry, indicating that agency's support of S.B. 348. SENATOR McGINNESS MOVED TO DO PASS S.B. 348. SENATOR REGAN 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 2:45 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Lawrence E. Jacobsen, Vice Chairman DATE: Senate Committee on Natural Resources May 1, 1995 Page