Number range CHAPTER**Meeting Minutes**

**Sierra Front - Northwestern Great Basin Resource Advisory Council**

**March 28 & 29, 2002**

**BLM Carson City Field Office**

**5665 Morgan Mill Road**

**Carson City, Nevada 89701**

**(775) 885-6000**

# 

[I. RAC Attendance and Approval of Previous Meeting Minutes
2](#i.-rac-attendance-and-approval-of-previous-meeting-minutes)

[II. Summary of Motions 3](#ii.-summary-of-motions)

[III. Summary of Action Assignments
3](#iii.-summary-of-action-assignments)

[IV. Introductions 3](#iv.-introductions)

[V. Field Office Overview Reports 3](#v.-field-office-overview-reports)

[A. Winnemucca Field Manager Terry Reed's Report
3](#a.-winnemucca-field-manager-terry-reeds-report)

[B. Carson City Field Manager John Singlaub's Report
6](#b.-carson-city-field-manager-john-singlaubs-report)

[VI. BLM Lands Acquisition and Disposal Program
8](#vi.-blm-lands-acquisition-and-disposal-program)

[A. Overview of the Carson City Field Office program.
8](#a.-overview-of-the-carson-city-field-office-program.)

[B. Overview of the Winnemucca Field Office program.
9](#b.-overview-of-the-winnemucca-field-office-program.)

[VII. Fire Rehabilitation Projects Progress Reports
10](#vii.-fire-rehabilitation-projects-progress-reports)

[A. Winnemucca Field Office Overview
10](#a.-winnemucca-field-office-overview)

[B. Carson City Field Office Overview
12](#b.-carson-city-field-office-overview)

[VIII. Black Rock NCA Subcommittee Report
12](#viii.-black-rock-nca-subcommittee-report)

[IX. Sand Mountain Recreation Fee Demo Project
14](#ix.-sand-mountain-recreation-fee-demo-project)

[X. General Public Comment Period 15](#x.-general-public-comment-period)

[XI. Additional Topics 15](#xi.-additional-topics)

[A. RAC Nominations 15](#a.-rac-nominations)

[B. Comments by RAC Members 15](#b.-comments-by-rac-members)

[C. Knott Creek Acquisition 15](#c.-knott-creek-acquisition)

[XII. Walker River Basin EIS 15](#xii.-walker-river-basin-eis)

[A. Water and Water Rights Acquisition / Water Rights Purchases
16](#a.-water-and-water-rights-acquisition-water-rights-purchases)

[B. Modifications to the Walker River Basin Hydrology
16](#b.-modifications-to-the-walker-river-basin-hydrology)

#   {#section-1 .unnumbered}

# I. RAC Attendance and Approval of Previous Meeting Minutes

**9:02 a.m. Thursday, March 28, 2002 - Meeting Called to Order** by
Chairman Etchegoyhen with the following members present:

  --------------------------- -------------------------------------- ----------- ---------------------
  **[Council                  **[Resource/Expertise]{.smallcaps}**   **Thu       **[Fri
  Member]{.smallcaps}**                                              3-28**      3-29]{.smallcaps}**

  **Jacques Etchegoyhen -     **Elected Official**                   **X**       **X**
  CHAIR**                                                                        

  **Tina Nappe - VICE CHAIR** **Environment**                        **X**       **X**

  **Susie Askew**             **Wild Horses & Burros**               **X**       **X**

  **Karen Boeger**            **Recreation**                         **X**       **X**

  **Gerry Emm**               **Native Americans**                   **X**       **X**

  **John Falen**              **Nevada Cattlemen**                   **X**       **X**

  **Mark Farman**             **State Agency**                       **X**       **X**

  **Jerry Hepworth**          **Energy/Minerals**                    **X**       **X**

  **Hugh Judd**               **Wildlife**                           **X**       

  **Robert 'Bob' Kautz**      **Archaeology**                        **X**       **X**

  **Tebeau Piquet**           **Mining**                             **X**       **X**

  **Bennie Romero**           **Livestock**                          **X**       **X**

  **William 'Bill' Roullier** **Transportation/ROW**                 **X**       **X**

  **Sherm Swanson**           **Academic**                           **X**       

  **Larie Trippet**           **Public-at-Large**                    **X**       **X**
  --------------------------- -------------------------------------- ----------- ---------------------

Minutes of the November 9, 2001 RAC meeting were approved by
acclamation.

# II. Summary of Motions

MOVED - by Larie Trippet that the two Field Offices have in their
reports a specific section saying, as a result of RAC recommendations we
did this.

SECONDED - by Bennie Romero

DISCUSSION - Tebeau Piquet proposed that the motion be amended to read
"direction" instead of "recommendation". The motion was so amended.

The motion passed by acclamation.

MOVED - by Larie Trippet that the RAC approve and concur in III B, page
1, recommendations made to BLM, which is a range of alternatives,
excerpted from the minutes of the November 2^nd^ and 3^rd^ RAC NCA
subgroup meeting.

SECONDED - by Tina Nappe with the addition "which is a range of
alternatives"

DISCUSSION

The motion passed by acclamation.

# III. Summary of Action Assignments

1\. The Chairman was asked to include mine closure problems and the mine
bonding issue as an agenda item for the RAC.

2\. The NCA staff will rework the pages in the RMP preliminary planning
scenario to reflect the vision statement presented at the last subgroup
meeting.

3\. BLM was asked to add a section to the Field Managers\' Reports
stating "as a result of RAC direction we did this".

# IV. Introductions

Members of the RAC and BLM employees introduced themselves.

# V. Field Office Overview Reports

##  A. Winnemucca Field Manager Terry Reed's Report 

1\. Written Summary of the Report is Appendix 1.

2\. Items covered orally, but not included in the written report.

a\. Terry told the group that there will be a presentation on 2002 fire

rehabilitation later in the day.

> b\. Lands are trying to use money from the federal lands transfer act
> (BACA). Funding for the DeLong Land Disposal Project is being sorted

out.

> c\. There are three methods of land disposal: state competitive sale,
> modified direct sale or competitive sale, and direct sale.

d\. The Orovada Sale has been moved to the back burner.

e\. The two sales could put 10,000 - 20,000 acres of land into private

ownership.

f\. Well over 4,000 wild horses and burros have been removed in the last

eighteen months in the northwest part of the District.

> g\. There has been a lot or red tape in regard to the Sage Creek Fish
> Barrier.

h\. The planning schedule for the Black Rock Desert - High Rock Canyon

Emigrant Trails National Conservation Area will be discussed later in
the

day.

i\. The report from RAC subgroup will be presented later in day.

j\. Mike Holbert, Associate Field Manager, will be leaving to go to a

senior range management position in Washington, D.C. Roxanne Butler,

Assistant Field Manager for Support Services, has already left for her
new

> position in Oregon. Laura Levy is the new GIS specialist for the
> Non-Renewable Division. Bryan Fuell, horse and burro specialist, and
> Wendy Fuell, wildlife biologist, have moved or are in the process of
> moving. Matt

Varner is a new fisheries biologist.

> k\. The Field Office has been focusing on allotment evaluations
> involving significant horse populations or significant Lahontan
> Cutthroat Trout

populations.

> l\. The difficulty of getting mine bonding has become a national
> crisis. The District has a couple of mines that are already in crisis
> and the Field Office is trying to work through the crisis with them.
> There have been numerous meetings on the subject and it is a real
> challenge.
>
> Gerry Emm asked Chairman Etchegoyhen to include closure problems and
> the mining issue as an agenda item before it moves into the next
> phase. He would like to be advised from the RAC side, see the RAC be
> involved in some of the solutions, and would like to see this subject
> as more of a general topic. Tebeau Picquet commented that maybe the
> RAC needs to look at the bigger picture, what is manageable. Gerry
> suggested that it might be a good idea to bring in some of the
> industry people and see what direction the RAC wants to go, or come to
> some consensus on their approach. Jerry Hepworth commented that from a
> bonding aspect such a discussion would be very helpful.
>
> Gerry commented that a general discussion should be opened so that the
> RAC can be informed. Terry told the group that BLM should put together
> an agenda item on the bonding process, what happens when things go
> wrong, and arrange for someone from the State Office to give a
> presentation. Mark Farman recommended inviting a representative from
> the National Mining Association. Mark Struble suggested that the topic
> be put on the July agenda or the agenda for this fall\'s Tri-RAC
> meeting. There was consensus on the part of the group that it would be
> a good topic for the statewide RAC meeting in the fall. Terry told the
> group that he has suggested to Tom Leshendock, Deputy State Director
> Minerals Management, that the industry pay into a nationwide bond fund
> to possibly cover twenty-five per cent of the bonds.
>
> Tina Nappe commented that part of the problem is that the initial
> bonds didn't cover the costs. Terry pointed out that a change in the
> operation causes recalculation of the bond.
>
> John Falen asked if the BLM would be able to differentiate the types
> of land in the Orovada sale. Terry told the group that some of all
> three techniques for land disposal will probably be used in most of
> the sales. John asked if part of the ground for sale has active
> permits on it, and if it does, if there is going to be a way for the
> permitees to continue their livelihoods. Terry answered that pieces
> will be sold competitively and directly.
>
> John asked what percentage of the total number of horses gathered have
> been adopted. Terry told him that he didn\'t know the answer to that.
>
> John Singlaub commented that the facilities in Oklahoma and Nebraska
> are filled with horses that haven\'t been adopted. John Falen
> commented that close to a hundred head have been gathered and turned
> back out to balance the sex ratio. Terry told the group that BLM has
> an obligation to manage the ratio, and that he would find out what the
> sex ratio is. Susie Askew said that she had heard it was more of an
> age ratio. John Falen added that since we are overpopulated in this
> state and it costs a lot of money to gather, he has a real problem
> with gathering the horses and burros and then turning them back out.
> He asked how many horses are in the Appropriate Management Levels
> (AML) and how many horses are actually there.
>
> John Singlaub pointed out that BLM is constrained by law to not gather
> below AML. Tebeau Piquet asked if BLM is required to manage numbers
> according to color, sex, etc. John Falen commented that he understands
> that BLM is between a rock and a hard place. Terry told the group that
> he would try to get figures and get back to them either individually
> or to the group, whichever they preferred.
>
> m\. The Field Office has started a second round of geothermal
> programmatic environmental assessments. The Carson City Field Office
> and the Winnemucca Field Office have the biggest bulk of pending lease
> applications. The Winnemucca Office is holding a kickoff meeting with
> the contractor today.
>
> Mark Farman requested that right-of-way corridors be set up and that
> planning be done with coordination. Terry answered that the counties
> will be involved in future RMPs. Only the leasing is being done right
> now.
>
> n\. The Field Office is continuing to work with several components on
> wind energy projects.
>
> o\. The recreation permit season started about a month ago. The Field
> Office has a variety of permits and is working to help facilitate
> emerging recreation and competitive ATV groups. The Burning Man event
> is in the permitting process now. A permit will be issued in the near
> future

Larie Trippet asked what the Moonlight Ride across the Black

Rock is. Susie Askew answered that it is a horse ride.

> Terry answered a question from John Falen concerning the location

of the Golf Tournament, which is held on the Playa.

p\. The Field Office staff is continuing to work on the Lovelock Cave
site.

> q\. The new wood cutting area mentioned under Current Projects is
> south of Lovelock.
>
> Mark Farman asked if there was a typo or if the report is supposed to
> say wilderness areas instead of WSAs under Recreation - Planning.

Terry answered that it is supposed to say WSAs.

> Susie Askew asked where the horse fatalities were. Terry answered that
> most fatalities on horse gathers occur at trap areas. Jamie Thompson
> commented that one horse broke its neck in the corral.
>
> Susie asked about lawsuits concerning horse gathers. Terry reiterated
> that BLM cannot gather below AML. John Singlaub commented that any BLM
> office must get permission from Washington to gather, even if the
> horses are creating a hazard. It takes approximately five days to get
> permission.
>
> Tina Nappe asked how the public is being notified of land sales.

Terry answered that the Field Office has decided to focus on areas

> where there is some interest. Staff published public notices and met
> with the people interested in acquiring tracts, some individually.
> Then they looked at internal adjudication processes. Generally
> speaking, in rural areas, the 20 per cent funding available is not
> enough to carry through the whole process. Ways will be tried to lower
> the cost, but BLM can only go so far. The decisions on notifying the
> public of disposal will be part of the NEPA review, the standard NEPA
> process that BLM uses.
>
> John Singlaub commented that the Carson City Office is planning to
> have a BACA disposal person on board who will handle the percentage of
> monies available to help with the rural sales.
>
> John Falen asked what the ballpark figure is for a sale. Terry
> answered that archaeology costs run \$10 - \$20 per acre. NEPA costs
> are relatively small. John Singlaub mentioned that this may be worth
> asking about during the lands acquisition and disposal presentation
> later on the agenda. John Falen commented that the cost could then be
> up to \$50 per acre. Terry answered that is possible. John Singlaub
> added that the land will be offered for sale, but he doesn't know
> whether there will be any buyers in counties like Humboldt and Elko.
> Terry told the group that BLM will ask for a market analysis based on
> all uses. If there is the interest level expected in the Orovada sale,
> at least half of that money will be used for costs for the other
> sales. There is some interest by the mines in purchasing the land they
> are operating on.

##  B. Carson City Field Manager John Singlaub's Report 

1\. Written Summary of the Report is Appendix 2.

2\. Items covered orally, but not included in the written report.

> a\. Oil-Dri has made the decision to locate the clay processing
> operation on BLM land. The EIS will need to be revised, because they
> want to put it on a less desirable location that has not been
> analyzed.
>
> Mark Farman asked what John's take is on the federal-county
> jurisdiction controversy. He said he was surprised that counties have
> so little jurisdiction. John answered that this has been tested in the
> courts.
>
> b\. The Carson City Field Office (CCFO) is trying to finalize a
> Memorandum of Understanding between the regulatory agencies concerned
> in permanent closure, remediation and reclamation of the Yerington
> Mine.
>
> c\. The Field Office has met with the contractor on geothermal energy
> lease applications. Some environmental issues need to be resolved
> concerning the leases.

d\. The CCFO will continue to work with the Washington office on wind

energy projects.

> e\. John apologized to the members of the RAC for having to cancel
> their previously scheduled meeting due to the Federal Register notice
> not being published. He explained that the Department of the Interior
> assistant secretary is reviewing and approving every Federal Register
> notice that is submitted by BLM which has created a backlog.
>
> f\. The Pine Nut Plan Amendment Federal Register Notice of Intent has
> been lost three times in the Washington office, however the CCFO is
> continuing with some very good pre-scoping briefings. Larie Trippet
> commented that he has had some very positive feedback from the
> planning partners group.
>
> g\. Impound notices have been issued for trespass in and around the
> Lucky Boy and Garfield Flat Allotments. Both the U.S. Forest Service
> and the BLM are working with the permitee on the Pilot-Table Mountain
> Allotment to develop a different winter grazing system. The permitee
> is now grazing the allotment all year. The CCFO may get into a
> situation where they are involved in an impoundment. Jacques asked how
> many head were involved. Tebeau answered that they have been running
> 500 - 600 head, that they are avoiding rotation.
>
> Jacques commented that from his viewpoint as a member of a
> third-generation ranching family in Nevada, this is not good for the
> future of ranching in the state. He continued that RAC members should
> all take notice of this.
>
> John Falen commented that he met with BLM State Director Bob Abbey on
> this issue. Members of the Nevada Cattlemen's Association, can't
> condone this type of action. The law cannot be changed by breaking it.
> He said that maybe some laws need to be changed along the way, but we
> can't condone, we the RAC or we the Cattlemen, this type of action. He
> said that he mentioned to Bob Abbey that BLM needs to take on
> everybody.
>
> John Singlaub commented that BLM is trying its best to treat everyone
> the same.
>
> Jacques commented that there is a consensus that the laws of the
> United States need to apply to everyone. Bob Abbey has been a
> gentleman through all of this, he continued. Ticking off 1.7 million
> other Nevadans cannot be allowed.
>
> Tebeau asked if there is a new MOU with the State on horse gathers.
> John told him that there is not. Gerry Emm asked if there is a
> solution to the gathering issue. Susie Askew said that the groups will
> not get along, so there is no consensus. John commented that the State
> does not have enough money for gathers. John Falen added that there is
> a solution to the stay or stray issue. Tebeau commented that the lack
> of action constitutes an action.

h\. BLM is in the process of accepting ownership of Mustang Ranch. Plans

> are in place to do restoration because of flood plane issues. Ground
> water will stay pertinent to the land. The possibility of Mustang
> Ranch as a wild horse and burro center will be part of the Plan.

i\. A \$350,000 grant has been received from the Comstock Cemetery

Foundation for restoration of the cemetery.

Tina expressed concern that over-intensive media attention to the issue
of trespass animals makes it difficult to defend ranching in traditional
conservation organizations, especially their chapters in the East. She
said that the Sierra Club takes no stand on this issue because of the
publicity.

John Falen commented that this is why the Nevada Cattlemen's Association
has taken a stand on this issue. We depend on the grazing resource out
there, that is why we have to have a management agency out there, he
commented.

Bennie Romero commented that even though the percentage of persons
trespassing is not very large, it is a big black mark. Also the
improvements that take place seem to go unmentioned. He said he feels
there are a lot more pluses than minuses.

Jacques commented, that this doesn't help in trying to push the federal
government to buy conservation issues.

Sherm Swanson added that it takes an incredible amount of the agency's
resources, that money needs to be spent to pro-actively manage our land,
without being diverted by sideshow issues.

Terry commented that these issues also take tremendous amounts of time
from the Field Offices' staffs.

MOVED - by Larie Trippet that the two Field Offices have in their
reports a specific section saying, "as a result of RAC recommendations
we did this".

SECONDED - by Bennie Romero

DISCUSSION - Tebeau Piquet proposed that the motion be amended to read
"direction" instead of "recommendation". The motion was so amended.

The motion passed by acclamation.

# VI. BLM Lands Acquisition and Disposal Program

##  A. Overview of the Carson City Field Office program. 

Written summary is Appendix 3.

Jo Hufnagle, Realty Specialist, explained that for disposals the Office
employs sales, exchanges, the Recreation and Public Purposes Act,
agricultural entry and others. Acquisitions come about through purchase,
donation and exchange. All acquisition of lands and interests in lands
must be consistent with the Federal Land Policy and Management Act
(FLPMA). Acquisition funding is through the Southern Nevada Public Land
Management Act (SNPLMA), Federal Land Transaction Facilitation Act
(BACA), and the Land and Water Conservation Fund (LWCF).

Acquisition criteria are developed for specific areas. Criteria for
Southern Washoe include desired open space, including Truckee River
corridor; access to public lands, resource protection, help implement
Resource Management Plan (RMP), improve land ownership pattern, enhance
recreational use and open space, with habitat or important resources for
Area of Critical Environmental Concern (ACEC). Conservation easements
are ranked in the North Douglas Plan acquisitions according to certain
criteria which were ranked on the recommendations of the RAC as active
agricultural operation, imminent threat of development, within 100-year
flood plain, contains important wetlands or riparian, enhance scenic
value, recreation access available, sufficient size to be considered
farmland, cultural or historic values, landowner willing to offer
discount, contains other unique values.

Mark Farman asked if the criteria have been compared to the Southern
Nevada Act. John Singlaub answered, no.

Three of the large land exchanges on the Carson City District were
completed in the past twelve months. John commented that slowly but
surely, the District is getting rid of the Checkerboard.

The District is also working with some recreation and public purposes
disposals this year.

Maps of acquisitions and disposals are provided within Appendix 3.

Sherm Swanson asked if the scattered parcels in the Carson Valley
reflect where people have offered land. Jacques told him that they do.

John Singlaub told the group that the two main criteria in ranking were
whether the land was on the river or under threat of development. He
said that he would prefer to see a group of county and non-profits who
are proposing acquisitions put together a package on what criteria they
are going to use to manage the land, in reference to designated species.

Tina commented that a lot of talk about conservation is based on visual
access, that what is good for wildlife is lumped without any specifics,
that Park people think if there is open area, it is good for wildlife.
She said that all the proposals available on the Sierra Front are not
necessarily based on wildlife needs. She said that she has to fight with
the park plans for everything she gets for wildlife. John commented that
the threat of development is much more important.

Tina asked how far down the list any acquisition is closed. John said
that will be part of a different discussion.

Tina commented that there may be a need to start looking at the
acquisitions where a little bit of private money will make the
difference when the appraisal does not meet fair market value. John said
that some of this is being done, but BLM does not want to raise people's
expectations.

Jacques commented that the feedback he got from the people in the group
was that the plan was a good one.

Sherm Swanson commented that it is critically important for the lands by
the river to come back into the river, so that the rivers do not become
just flood drainage conduits.

Bennie Romero commented that perhaps some of the money being generated
by the acquisitions and sales could be used to put together a group of
people to provide better, sound, range education for people coming into
the agencies. John Singlaub told him that the acquisition funds cannot
be used for this purpose. He suggested that possibly the Governor could
be asked if the funds that go into the State education fund can be used
for this.

##  B. Overview of the Winnemucca Field Office program. 

Written summary is Appendix 4.

Ken Detweiler, Realty Specialist, gave each member of the RAC a copy of
the Paradise-Denio Framework Plan Approved Lands Amendment and Decision
Record which contains guidance on acquisitions and disposals, including
criteria that must be addressed and followed in processing acquisitions
and criteria that must be used to determine whether a parcel is suitable
for disposal.

He explained that acquisitions are basically driven by public benefit. A
proposal that has merit is given to the appropriate staff. A team looks
at it and discusses it with the proponent. Then the normal environmental
and notification processes take place.

Disposals are also guided by the Plan. It has been noted that permittees
have been concerned about how disposals would affect their permits.

The processing steps are the same for acquisition or disposal of large
or small parcels. Cost becomes a factor in processing small parcels.

Tina asked if the water pumping issue in the Winnemucca area is coming
up on any of these. John Falen commented that the Basin is closed.

Terry told the group that an example of issues that have come up is
putting in right-of-way for fire access for a residence. BLM asked the
county what their rules are for access and they said there are none.

Tebeau expressed his concern that public access to public lands, a
prescriptive right-of-way that goes along with multiple public use, is a
consideration that should be addressed now, not ten years from now.
Terry answered that BLM requires a reciprocal right if the landowner
wants a right-of-way. Maintenance of roads put in by the land owner is
an issue. Tebeau commented that maintenance of these roads is an issue
because they are not included in the circulation pattern.

Darrel Cruz, a member of the public representing the Washoe Tribe, asked
if an archaeological site on lands for disposal goes along with the
land. John Singlaub answered that BLM is required to do a cultural
survey. There are different actions that can be taken. Jo Hufnagle
commented that sometimes there is a trade-off or mitigation. Darrel
continued that it is not the size of the site but the quality. The
Washoe Tribe doesn't want the importance of a quality site to be
overlooked because it's in the middle of a big site. Ken Detweiler and
Jo Hufnagle told him that BLM has a consultation process to work with
the proponent.

Darrel asked if counties approach BLM for land being sold for expansion.
John answered that counties ask BLM not to sell certain land for
community expansion. Terry added that the counties occasionally identify
land for public purposes. Often a private proponent will identify a
future public use. The disposal can be at the initiative of BLM, a
county, or a private individual.

John added that community expansion is the first screen when considering
proposals.

# VII. Fire Rehabilitation Projects Progress Reports

##  A. Winnemucca Field Office Overview

Written summary is Appendix 5.

Mike Whalen, Fire Ecologist and Rehab Manager, Winnmemucca Field Office,
told the group that of 16 green-stripping projects identified, one is
ready to be drill seeded, and another 10 are scheduled to be completed
by October 1, 2002. Of 10 riparian fence maintenance projects
identified, seven have been completed. Two OUST, the cheat grass
specific chemical spray, projects were scheduled to be initiated, but
are on hold due to a moratorium on the use of the chemical. Three
wildland urban interface projects, using chemical treatment, have been
implemented. Terry interjected that there is a liberal interpretation of
urban areas. Two hundred thousand acres have been inventoried for
noxious and invasive weeds. Treatment will follow this year on 345 acres
that have been infected with Knapweed and Tall Whitetop. Approximately
two-thirds of the District has been inventoried.

Sherm asked if the District is working with reintroducing fire. Mike
answered that there is some opportunity to do that. Rangeland without
cheat grass infestation resembles a more normal Great Basin fire regime.

The Winnemucca Field Office identified 20 fires for treatment by drill
seeding and aerial seeding, 18,636 by drilling and 65,245 aerially. The
aerial seeding was done in country that is too rough, inaccessible, or
otherwise unsuited for drills and tractors. Two hundred and twenty-four
miles of new temporary fence have been built to protect the projects and
58 miles of previous fence has been reconstructed. Aerial and drill
seeding was 100 per cent complete by February 28.

The District is trying to use more native seed species. Some of the seed
growers in Humboldt County are growing native species.

In answer to a question from Karen Boeger, Mike told the group that 65
per cent of the burned areas were able to be rehabed.

Karen asked if a certain percentage of native seed is being purchased.
John Singlaub answered that BLM is actively working toward the goal of
purchasing more native seed, but that the price is five times higher
than for other seed. The fire rehab strategy is to apply something that
will at least minimally control cheat grass. Tebeau commented that some
of the native species are fragile, water dependent plants. BLM is the
first to get budget cuts.

Jerry Hepworth commented that volunteer groups could hand harvest the
native seed. Tebeau commented that in the last three years nearly three
million pounds of native seed

has been planted.

Due to local drought conditions, BLM has inoculated every seed that has
been placed in or on the ground in the rehabilitated or restored areas.
Seed inoculation consists of the application of a non-toxic chemical
that contains necessary nutrients and minerals needed by seeds/plants
before, during, and after germination.

Winnemucca is currently stocking enough seed to begin treatment on this
season's anticipated restoration needs.

Tebeau commented that existing permittees need to work in conjunction
with BLM on limited suppression areas, so that they will know that a
fire is just being monitored. Mike answered that the District is working
with some groups on this issue.

Karen Boeger commented that road density and rehabing roads should be
part of the concerns for weed control, since weeds follow roads.

Approximately 40 per cent of human caused fires were at the roadsides
during the past season. The average is 20 per cent.

##  B. Carson City Field Office Overview

Written summary is Appendix 6.

Dan Jacquet, Assistant Field Manager for Renewable Resources, Carson
City Field Office, told the group that the philosophy is to manage
vegetative communities so that fire is just a disturbance that the
plants can deal with and recover on their own. The Carson City Field
Office basically follows the same process as the Winnemucca Field Office
with the added problem of urban interface.

Approximately 80,000 acres have been opened to multiple use through
rehab. A tight criteria has been developed for reopening allotments.

It is important to the District to evaluate small fire areas for rehab
and rehabilitate them. Crews are going to be asked to seed and rake in
when they are mopping up after small fires. The BLM program has been
well funded, but as the fire dries up the funding dries up too. There
will be less personnel if there is less funding. This is not necessarily
a good thing.

Tina asked what other things are being looked at to manage fuel in high
density areas that are near human habitation where fire can't be used.
John Singlaub answered that many urban people feel that if it's green it
should be preserved.

John Falen commented that something has happened in our lifetimes that
has increased the number of trees and reduced the understory.

Dan Jacquet answered that the Carson City District has fenced some aspen
stands so that they are not available to livestock grazing.

Sherm Swanson asked why some of the areas in the Winnemucca District are
closed to Christmas tree cutting.

Terry answered that it is because of lack of regeneration and some
stands need to be maintained because of traditional use by Native
Americans.

Karen asked if Winnemucca is doing a similar thing with aspen clones in
rehab areas. Terry answered that if that is an objective on a particular
site, that is a consideration of

when an allotment is available to be reopened.

Tebeau asked if part of the aspen stand that burned on the east side of
the Sonomas will be fenced. Terry answered that he will have to check
that. There are very specific objectives that have to be reached before
any area is reopened.

# VIII. Black Rock NCA Subcommittee Report

Preliminary Synopsis of the March 11 & 12 Subcommittee Meeting, Resource
Management Planning Process Status Preliminary Planning Scenarios,
Summary of Scoping Comments, and Item Requiring Approval/Concurrence of
the RAC are Appendices 7, 8, 9, & 10.

The Subgroup discussed potential locations for visitor centers including
the issues of BLM staff being located closer to the sources and
partnered visitor centers. Visitation and transportation alternatives
were discussed.

Page three of the RMP Preliminary Planning Scenarios summarizes the
scenarios. Related to the vision are a number of planning goals. To
achieve the goals there are a range of alternatives which need to be
within the framework of the sideboards. On the last page of the
Preliminary Planning Scenarios sheet are factors common to all
alternatives and those that differ. The factors that differ focus on the
contentious issues. The idea is to have a range of management
approaches.

Sherm asked if the RAC is being asked for ideas, if they might look at
re-active management versus pro-active management.

Mark Farman answered that any ideas are greatly appreciated, that
management options were discussed at the subgroup meeting. The subgroup
also discussed wildness emphasis versus natural emphasis in wilderness,
a concept suggested by Brian Murdock, NCA Wilderness Specialist.

Tebeau commented that he would like to see people in government agencies
be more active rather than act as a sounding board and disseminate in
meetings the information their expertise brings them.

Terry commented that within the framework of the sideboards of the
planning effort, no idea is discouraged. John Singlaub commented that
the way to get away from the reactionary mode is with a group like the
RAC. The RAC members ought to be developing a vision of what they see
for the future. The mistake in the past has been for agency people to
take that stand on their own rather than developing it as part of a
group. Sherm commented that he was pleased that a fair number of staff
have participated in the meetings with members of the subgroup.

Tina commented that she would like to see something in the planning
process outlining what state and local governments are going to
contribute in reference to health and safety of the people they are
going to send out to the NCA so that BLM will get help instead of a lot
of burdens. Terry assured the group that a socio/economic impact will be
included in the plan.

Sherm added that collaboration should take place with the tourism
department, the fish and wildlife, etc.

Mark Farman told the group that the socio/economic team has had two
meetings in which two of the three counties which border the NCA or
which contain gateway communities participated. A comprehensive analysis
is being done, estimates to correspond with the issues. Local
governments are responsible for emergency services. There is joint
transportation planning and joint road maintenance planning is being
looked at. The counties are responsible for road maintenance. Teams are
looking at how increased visitation will affect increases in needed
services. Up front involvement in alternatives development by these
groups will help the impact of the increases on the groups affected.

Asked if the teams could give brief reports at the next Subgroup
meeting, Terry replied that it would be impractical because of the
narrow focus of some of the teams.

In addressing another concern, the group was told the NCA staff will
rework the pages in the preliminary planning scenario to reflect the
vision statement presented at the last subgroup meeting.

A group consisting of representatives of the tribes, the local
governments, the U.S. Fish and Wildlife Service, and the BLM will meet
on March 29 to discuss the Lahontan Cutthroat Trout issue.

In discussing the Summary of Scoping Comments sheet, Larie Trippet said
that too much is lumped together in the term OHV, that OHV use should be
limited, so there will be some differentiation in the use in different
areas.

Bob Kautz commented that people dealt with this area for a few thousand
years, then people fought to get out of the area for about 10 years, now
we're going to bring about 5,000 people in to look at the trails that
people fought to get off of. The people need to be educated, he
commented, to protect the fantastic cultural resources that are out
there. If people don't know about the resources they tend to destroy
them. Terry commented that there are divergent views that need to be
reconciled.

The RAC was asked to approve the recommendations from the Subgroup,
items that need to be considered in the range of alternatives, so that
the Subgroup can move forward. The Northeast California RAC has already
concurred.

Clarification was asked on #1 - Transportation/Access/OHV Use, Section A
which refers to alternative access routes, off the historic trails, and
Section B which refers to Class II trails. Both refer only to the
historic trail. Section F, access to dunes/hummocks refers to open
areas.

MOVED - by Larie Trippet that the RAC approve and concur in III B, page
1, which is a range of alternatives, excerpted from the minutes of the
November 2^nd^ and 3^rd^ RAC NCA Subgroup meeting, recommendations made
to BLM.

SECONDED - by Tina Nappe

DISCUSSION

The motion passed by acclamation.

Jacques commended the subgroup for their work.

Bill Roullier commented that Sierra Pacific Power Company has
applications for rights-of-way for geothermal, wind, and solar energy
projects.

# IX. Sand Mountain Recreation Fee Demo Project

Written summary of the presentation is Appendix 11.

Christine Miller, Outdoor Recreation Planner, Carson City Field Office,
told the group that the Recreation Fee Demo Program, which tests the
effectiveness of collecting fees to help maintain Federal recreation
facilities and enhance visitor services, says that BLM can initially
collect 100 per cent of the fees generated at Sand Mountain. BLM is in
the process of determining public support for the fees. The goal is to
develop a simple, efficient and convenient fee system. A weekly fee of
\$15 per unit, \$30 per annual permit is being considered. A minimum of
85 per cent of the fees collected will stay at Sand Mountain.

Approximately 41,000 people visited Sand Mountain in 2001, an average of
4-5,000 visitors in the campground on Memorial Day weekend, the biggest
weekend of the year. Day users are basically from Nevada, weekend or
longer users are generally from California. There is 90 per cent
compliance by visitors staying out of limited use areas.

Tebeau asked the degree of economic impact on Churchill County emergency
units and services. Christine answered that she didn't know the answer
to that question.

Recreation services being provided at this time include: law
enforcement, site maintenance, customer service, resource protection and
waste removal. Labor costs of \$50,000 are for three-person coverage.
Contract services are \$17,000 and materials/equipment/supplies are
\$12,000 for a total of \$79,000 current operating costs.

Fees are needed because visitor use is increasing, the budget is static
or decreasing and it is felt that users should assist in paying for the
costs of keeping the site open. Most users support reasonable fees,
favoring the annual fee.

Terry commented that a combination of an annual fee sold by BLM and a
daily pass sold by local vendors might be an option. Tina suggested that
the Nevada Department of Wildlife (NDOW) should be consulted on this.

There has been public participation in the communication plan, the
technical review team including user groups and Churchill County, the
business plan and the annual report. Partnerships are being explored.

Vendors are already on site selling water, flags for sand rails and
t-shirts. Neither glass containers not alcohol are allowed in the
recreation area. BLM is trying to enforce quiet hours.

Karen Boeger gave the other members of the RAC a written statement of
her comments on the fee demo proposal for Sand Mountain, addressed to
John Singlaub. She also stated that she is against fee demos in any
areas. She questioned whether government entities should be in the
business of providing play areas for the public.

Larie Trippet asked why there can't be what Karen refers to as "tread
heavy" use areas since there is a Congressionally designated spectrum of
land use on public lands.

Karen asked if that is within the mission of the public land agencies or
something that a private entity should provide.

Tebeau commented that there is a purpose with multiple use.

Tina commented that initiating a fee does not take away the
responsibility of promoting multiple use, but she is not sure that the
fee in this case is not being initiated to regulate use rather than to
promote use.

Karen commented that it is beginning to be obvious that this use is not
limited to the Sand Mountain area.

Jacques commented that this kind of use is probably going to occur, that
this might not be promotion but triage.

Tina assured the group that she is very supportive of fees because costs
are overwhelming and fees allow for some responsibility.

Tebeau commented that more regulation shrinks the playing field, that
there need to be areas where people can go out and just "bash".

Sherm commented that there are definitely sacrifice areas on our public
lands, but the cost to provide the services ups the cost.

Jacques commented that if the people using the area don't pay the fees,
they may devolve onto the taxpayer.

# X. General Public Comment Period

There was no public comment.

# XI. Additional Topics

##  A. RAC Nominations

Terms are expiring for John Falen, Nevada Cattlemen's Association;
Tebeau Piquet, mining; Sherm Swanson, academic; and Bennie Romero,
livestock. Current RAC members who wish to be considered for nomination
must submit complete application packages. Copies of their previous
applications are on file at the BLM Nevada State Office.

##  B. Comments by RAC Members

Larie Trippet and Karen Boeger attended the second meeting of the
Tri-RAC OHV committee which included representatives from the U. S.
Forest Service, BLM, Nevada State Parks, and Nevada Association of
Counties. The committee reviewed existing documents.

##  C. Knott Creek Acquisition

The Knott Creek acquisition is still in process.

# XII. Walker River Basin EIS

The Walker River Basin EIS was prepared by the Bureau of Land Management
Carson City Field Office; the Bureau of Reclamation, Lahontan Basin
Projects Office; the Bureau of Indian Affairs, Western Nevada Agency;
and the U. S. Fish and Wildlife Service, Nevada Fish and Wildlife Office
and released in January, 2002. A large range of groups cooperated in the
production of the draft including: the Walker River Paiute Tribe; the U.
S. Forest Service, Humboldt-Toiyabe National Forest; the U. S. Natural
Resource Conservation Service; Mono County, California; Walker River
Irrigation District; Mono Resource Conservation District; Mason and
Smith Valley Conservation Districts.

The purpose of the proposed action is to obtain water and water rights
from willing sellers to address three related issues in the Walker River
Basin -

-   To protect the Walker Lake ecosystem from degradation resulting from
    increasing TDS concentrations in the lake.

-   To establish a program to acquire water for possible use in a
    settlement of the United States' water rights claims in the Walker
    River Basin should a settlement be negotiated.

-   To assist in the recovery of the threatened Lahontan cutthroat trout
    in the Walker River Basin, which includes populations in both the
    lake and river system.

    Preparers have already reacted to some of the early comments one of
    which was that the economic plan was a little too broad.

    Dan Jacquet, Assistant Field Manager for Renewable Resources, Carson
    City Field Office, displayed a land ownership map of the area. He
    told the group that there are clearly important issues in private
    ownership, but a large area of the land is in public ownership. He
    continued that there are a number of issues relating to private
    ownership of the lands where the lake has shrunk, as well as
    adjacent ownership by the Tribe and the County. BLM considers
    relicted land is indetermined ownership. Usually the ownership is
    down to the water, which it still is in this case.

    Saxon Sharpe, Desert Research Institute, presented the model used as
    the basis for the EIS.

    Alternatives include:

## A. Water and Water Rights Acquisition / Water Rights Purchases

Water rights would be purchased on a willing seller/willing buyer basis.
Water rights would be transferred to an in-stream environmental use at
the Wabuska flow gage.

A member of the public, present at the meeting, asked - *are you saying
willing buyer, willing seller,* \[meaning that\] *someone can come in
and buy water rights?*

Dan Jacquet answered that someone could come in and buy water and sell
it back to the government.

Gerry Emm, RAC member representing Native Americans, commented that
*there is no mechanism in place now to transfer the water.*

Dan Jacquet answered - the big transfers are untested in the courts, we
don't know what the outcome will be, but we have been assured that there
are steps to follow.

A member of the public asked - *we have no assurance of how much water
will get to the lake.*

Dan Jacquet - according to our hydrologist, the most reliable place to
measure for the analysis was Wabuska. Any losses from the gage to the
lake is built into the model.

Gerry Emm - *is surface water only built into the model? The concern we
have is that we use less than 1 per cent in the system and it is thought
that we use the whole flow. If you don't look at the underground flows
in the model\...*

Dan Jacquet - there is underground flow included in the model. The
results of the model are tested with the level of the lake. There are
stratigraphic sections included.

## B. Modifications to the Walker River Basin Hydrology

a\. weather modification technology

Cloud seeding efforts within the Walker River Basin would be expanded
and implemented more consistently. The overall increase of the flow into
the river and its tributaries is uncertain. Optimistic estimates of the
average per cent increase in headwater flows is 10 per cent. Pessimistic
estimates are that no increase in flows will be seen.

Ken Spooner, Walker River Irrigation District, voiced a concern about
the EIS not being science based, that scientific evidence supports that
cloud seeding goes to benefit the whole system. *One of my concerns is*,
he told John Singlaub, Field Manager, Carson City Field Office, *that
you are going against preconceived notions. You have to look at this at
arm's length. I don't mean to insult you, but\....*

John Singlaub - I *am* insulted. We are looking at things.

Ken Spooner - *no one in this room is against saving Walker Lake.*

Dan Jacquet - we are still open to that kind of question. If the science
supports a difference, we are going to look at it. The model can be
adjusted. If you start to see success from cloud seeding that you don't
expect, we are going to adjust to that.

Ken Spooner - *the concept of cloud seeding benefits the system.*

Saxon Sharpe - the reason we say headwater in here is because that's
where the seeding takes place. I am completely comfortable with the 10
per cent estimate.

Ken - *that's not where it is going to take place.*

Saxon Sharpe - we can only seed when we have the storm conditions, some
years we might not have cloud seeding at all.

Dan Jacquet - this is exactly why WRID is a cooperator. A cooperator
brings their expertise into the mix.

John Singlaub - we would love to increase the estimate.

Saxon Sharpe - we can certainly revisit this.

Dan Jacquet - these are scientific estimates.

Ken Spooner - *whatever, it is THE SYSTEM not the headwaters and you
have excluded out the headwaters in your model\...the Walker River
Irrigation District was never consulted.*

Dan Jacquet - we have asked to meet specifically with the cooperating
agencies and groups somewhat in a confidential manner. We will be
meeting with you.

David Haight, member of the public - *I would like to establish a
number. What is the TBS level that you would like to achieve to save
Walker Lake?*

Dan Jacquet - we would like a TBS of 10,000.

David Haight - *that is not in your EIS. 10,000 is in one place and one
place only without any mention of the water that is required.*

b\. channel enhancements

Stream channels that have degraded and become raided would be restored
to a more naturally functioning condition. Besides improving fish and
riparian habitat, the stream water temperatures

c\. groundwater importation

Groundwater would be pumped from areas south of Walker lake and piped to
Walker Lake. It is estimated that up to 8,200 acre-ft/yr of water could
be acquired. However, this water is of poorer quality with a higher salt
concentration than Walker River water.

d\. lake water desalination

A desalination plant would be constructed to remove salts from Walker
Lake water.

If Walker Lake becomes hydrologically balanced, an approximate treatment
(50 per cent efficient ) of 3,000 acre-ft/yr would maintain Walker
Lake's salt balance. Disposal of waste brine from the plant could be an
issue.

Dan Jacquet told the group that if the Walker Lake problem is solved
with desalination, you would never have to buy any new water. It would
be in balance forever. Comments in public scoping said that this lake is
going to die, whatever you do. This approach could, given stable climate
conditions, be a permanent solution.

A member of the public asked - *how seriously have you looked at this
possibility?*

Dan Jacquet - this was one of the engineering solutions that we thought
is do-able and met the need.

The group was shown a graph of historical and reconstructed lake
conditions - the elevation of the lake in feet above MSL/total dissolved
solids ppm/from 1860 to 2002 (historic lake elevation/reconstructed lake
elevation/historic lake TDS). A line on the graph showed lake level with
no diversions.

Bennie Romero, RAC member, representing livestock concerns - *how could
the lake be bigger if trends of the past 200 years have been going
down?*

Saxon Sharpe - the estimates we have seen support this.

Jacques Etchegoyhen RAC Chair - *when you really look at historical
data, actual photographs of the upper Sierra, there is a pronounced
decrease in areas since 1865. I think the trend is clearly downward.*

Dan Jacquet - whether the trend is over the 14,000 age period, it is
very small compared to the trend in the last 150 years.

Saxon Sharpe - the lake got very saline for two periods about 5000 years
ago. In terms of the past the lake was very high about 500 years ago.

Mike McQueen, BLM - one thing that is really interesting is that it
really contrasts two kinds of time scales. Is the time span our country
has existed a really important time frame? What is the really important
time frame that this plan exists in? We have to come to a conclusion on
what is an important time frame for this plan.

Dan Jacquet - we are planning for 200 -250 years in this plan.

Mark Farman, RAC member representing state agencies - *how well do we
understand the relationship between the TDS in the lake and the lake
elevation? How did you model the relationship between those? Did you
look at the natural flow scenario?*

Saxon Sharpe - It would be 2,500 to 3,000 parts per million today
without any diversion.

Bennie Romero - *in the past 15 years how many times have you been able
to do cloud seeding? Conditions have not really lent themselves to cloud
seeding.*

Saxon Sharpe - that's a good point.

Robert Kautz, RAC member representing archaeology - *DRI claims they
have done 16 aerial seedings in the past two years.*

David Haight - *there has been a great deal of analysis done in tree
rings. It goes back about 800 years. It shows that precipitation starts
to increase in about the year 1850, it continues to increase until about
1915 and then drops like a rock. What you have in the graph is based on
heavy precipitation only. The tree ring analysis shows a big shot of
water shows up about every 300 years. In between these 300-year cycles
you cannot predict the weather. I believe this is one of the flaws in
your data.*

John Singlaub - what would you suggest as an alternative?

David Haight - *the solution is, you have to look at reality and say you
cannot depend that the 80-year trend of water will happen again, so
either make your lake smaller or shallower to allow for evaporation.*

Tebeau Piquet, RAC member representing mining - *we have to depend on
what we know. I as a rancher can't depend on what I think I know.*

Dan Jacquet - you can't correlate tree rings to individual years of
water production out of watershed. We have figures on actual water
measurement. In 1915 they were measuring water.

Jacques Etchegoyhen - *when you look at photos of Pyramid Lake, the lake
level was higher in 1911 than 1850. And that was with irrigation. The
bad news is that we have a wildly fluctuating climate.*

Saxon Sharpe - tree rings are a proxy for climate, what we are looking
at here are measurements. The 300-year cycle, there is no peer review
paper for this area that says there is a 300-year cycle in this region.

The group was shown a graph of predicted impacts to Walker Lake,
reflecting the No Action alternative, and a graph of predicted impacts
with hydrological modifications, only in the best case, under
assumptions of the model with all of the modifications, without water
rights.

John Singlaub commented that this does not meet the needs of the EIS,
that in any scenario water rights have to be purchased.

A graph was shown of estimated, not proposed, predicted impacts to
Walker Lake (water rights purchase only) if 28 per cent of water rights
are purchased in all of the basin focusing on junior rights rather than
senior rights.

A member of the public asked - *this does not include Antelope and Smith
basins?*

Jacques Etchegoyhen commented - *in Antelope Valley in California they
can dig a well and pump water to their heart's content. How do you
factor in that?*

Dan Jacquet - I don't know. The answer might be in Antelope Valley that
you have to own the water and the land. This is one of the things that
have to be factored in.

A member of the public commented - *you are looking at Antelope Valley
and you will define in the plan what water you are looking at for
purchase.*

John Singlaub - the defined areas in the draft plan are an example. We
don't know where the willing sellers are coming from.

Saxon Sharpe showed the group the model, made using STELA software, that
helped draft the alternative. The background for the model were the
Walker River basin GIS map and Walker Lake volume versus TDS plot. The
model basics are description and model schematics. Operation of the
model is performed by selecting from a strategy menu, a graphical output
menu, and a tabular output menu. Alternative strategies are then
selected. For this model the purchase of junior or senior water rights
was looked at. Enhancement strategies included cloud seeding, riparian
management, importation of groundwater, and desalination. In the lake
volume and lake TDS plots scenario the lake surface elevation in feet
above MSL would be 3,946.9. In the graphed comparison of TDS
concentration in Walker Lake/TDS long term goal at 10,000/TDS threshold
at 16,000, TDS concentration peaks between the years 2041 and 2061.

David Haight - *I would like to see a schematic analysis.*

Saxon Sharpe - we can't do that.

David Haight - *you could use the tree ring analysis.*

John Singlaub - give this to us and we will look at it.

David Haight - *why did you choose an empirical systems model rather
than a deterministic systems model?*

Saxon Sharpe - this is the model that we were using when I started. I
will make a note of your comment.

Saxon Sharpe asked the group to choose a percentage of junior and senior
water rights to plug into the model for comparison. The group chose 50
per cent junior rights and 50 per cent senior rights, which would result
in 396,330 acre feet reduction in the basin. John Singlaub suggested
trying, for an example, 15 per cent of the junior and 15 per cent of the
senior rights. This gives a reduction of approx 119,000 acre feet in the
basin. Percentages adjusted to junior rights at 20 per cent and senior
rights at zero would result in 79,266 acre feet reduction.

Larie Trippet, RAC member, representing public-at-large - *it seems that
the model would work better if you find out how many acre feet you need
and then decide whether it's being bought from junior or senior water
rights.*

Dan Jacquet - there are infinite variables doing it that way. You are
going to get more water into the lake with senior rights than with
junior.

David Fulstone, Lyon County - *actually there is no correlation between
a wet year and a dry year and junior and senior. This is the major flaw
in the EIS. The main thing is where do you separate wet year or dry year
or junior or senior priority. Everyone uses a combination. You need to
throw out the pictures.*

Mike McQueen - what these pictures do show are irrigated acreage.

David Fulstone - *no, the pictures show differences but the differences
don't mean anything in the water rights.*

Dan Jacquet - we need to ask the farmers for correlation between
irrigation and water rights. These are the farmers making the decisions
as to not irrigate or to irrigate.

David Fulstone - *but we don't have wet year and dry year water rights.*

Mike McQueen - but the pictures do show that in dry years there are less
farmed acres than in wet years.

David Fulstone - *it shows you the cultural practices only.*

Saxon Sharpe - what we were trying to do was get to the economics,
economics to the farmers.

David Fulstone - *we have average years, most of the acres farmed are
irrigated. In wet years most of the acres that are irrigated are
irrigated. In a very dry cycle, two or three years, you might see
someone not irrigate. In the dry years they may irrigate at the
beginning of the season. We use about a 10 per cent rotation in
irrigation. We don't say it's a wet year, we'll add 100 acres, it's a
dry year we'll withdraw 100 acres.*

Larie Trippet - the pictures are not necessarily inaccurate, the
conclusions drawn are inaccurate.

David Fulstone - *the senior rights versus junior rights are complicated
because the junior rights are part of the senior rights. If I'm not
using my senior rights, they become junior rights. You can't just buy
the junior rights and take them off of the bottom because they are part
of the senior rights. You can't take water off the bottom of the river
and not affect the senior rights. The lake has the most junior rights in
the system.*

Dan Jacquet - these photos are food for thought in the draft. We would
encourage farmers to propose a scenario that would best get water to the
lake.

Gerry Emm - *if this gets to be an economic issue, it becomes an issue
that you can't overlook. To keep it away from becoming an economic
issue, how do you redistribute? How are you going to redistribute the
water in the system if we win our suit?*

Dan Jacquet - let's get it right is what I'm asking. Obviously there are
other ways, maybe better ways of looking at this. We are meeting with
the Irrigation District. We can make a better decision if we have the
facts. There are going to be changes if we move ahead to save Walker
Lake, but you have to get the analysis right.

Phyllis Hunewill, Lyon County Commission, Yerington - *we're talking
more than just buying water from the ranchers. WE are looking at losing
ag jobs. You really need to look upstream and notice the economics
there.*

Tebeau Piquet - *you have to factor in assessed valuation.*

John Singlaub - there is an assumption that the money gotten from this
will be reinvested in the community.

Tebeau Piquet - *what does this do to the county's economic base?*

John Singlaub - Mineral County would be up the creek without the lake.

Tebeau Piquet - *I would like to see the full document. You people are
stuck with the facts you get.*

John Singlaub - the economic analysis is being performed by the
University of Nevada-Reno Economics Department. Who better to do it?

Tebeau Piquet - *we need to be careful that we're not talking about
service related industries versus higher paying jobs.*

Tina Nappe, RAC Vice Chair - *are we talking about taking land out of
production, or less water consuming crops? I'm not sure we are talking
about this.*

David Fulstone - *but that is all market driven. The most water
intensive crops are onions and garlic. When someone shows me a crop that
I can make more money on consistently I am right on it whether I have to
irrigate or not.*

Mike McQueen - if you're talking about effects on Lyon County, you have
to look at all of Lyon County. There are multiple scales of accounting
that we are going to look at. Phyllis has asked for a more detailed
analysis. That is what we are going to do.

Phyllis Hunewill - *we are not growing in the south. Don't put our whole
county together, we are different in the south.*

Dan Jacquet - that is the level of analysis we are going to do.

Karen Boeger, RAC member representing recreation - *if we provide a
guaranteed market for native seed, do we have any models that show if we
turned a certain number of acres over to native seed, how much water we
could use and still allow the fish in the lake to survive?*

Tebeau Piquet - reducing the water available for irrigation may
encourage the production of noxious weeds.

David Fulstone - the EIS is telling you just the opposite, that
reduction in irrigation may help to reduce certain noxious weeds.

Dan Jacquet advised RAC members that the BLM wanted advice on the
administrative draft EIS. Chair Etchegoyhen asked for the pleasure of
the members.

David Fulstone - *many of us have objected vociferously to a federal
government agency getting involved in something that is a state issue.
That is why it is such an emotional issue to us.*

Ken Spooner - *we covered even more today than I expected.*

John Falen, RAC member representing Nevada Cattlemen - *what is expected
of the RAC? I am totally unequipped to vote on anything.*

John Singlaub - we want your advice on the point of developing a
preferred alternative. We are redoing the economic analysis, doing an
implementation strategy, and meeting with each one of the cooperating
agencies. Is there something else you \[the RAC\] would see us doing?
Are there some implementation actions that you would like to see more
information on?

Tebeau Piquet - *there seems to be a lack of participation with the
WRID. Let those people help be a facilitator. I also see working with
the \[Walker River Pauite\] Tribe. I see in Humboldt County that growth
does not support itself.*

MOVED - by Bennie Romero

SECONDED - by Tebeau Piquet

As a member of the RAC and chairman of the State Board of Agriculture,
in reviewing the draft EIS and the public comments to present

including comment from the Bureau of Land Management, the BLM Nevada
State Office, I recommend shelving the EIS document. The EIS is
premature. A proposal to resolve all issues in the Basin must happen
first, either through comprehensive settlement talks or litigation. The
EIS has not taken a hard and thorough look at all the issues. As the
draft EIS presented today, it will foster uninformed decision making and
inadequate public input. Assumptions about water and water rights are
wrong. This draft or a final document will derail ongoing settlement
talks.

DISCUSSION

Mark Farman - *doesn't a NEPA action have to happen, would that end up
being an amendment to this EIS?*

Mike McQueen - certainly the potential exists.

John Singlaub - some analysis will have to be done as part of the
settlement process anyway. The judge can direct settlement without any
requirement for NEPA analysis.

Ken Spooner - *there are not just issues affecting one entity. We are
trying to get talks together to get a comprehensive settlement. This
action is premature.*

John Falen - *if we pass Bennie's motion, will it open the door to this
being considered by the state rather than a federal agency? Will it open
the door to rethinking this?*

Tina Nappe - *Hawthorne and Mineral Counties are not at the table and
have not expressed their concerns this morning. I am concerned about the
state taking the lead, their ability to be objective on this issue. I
question with the state of the economy in Nevada at this time, how much
investment they will have at this time. The EIS at least pulls together
a lot of information, I do not see how the state will be able to do
this. I do not think it takes away the right of the State of Nevada. I
have not read the summary document either. I feel ill equipped to vote
on this issue at this time.*

Larie Trippet - *is the issue that it is an EIS? Could the BLM provide
this good information to the settlement talks without it being an EIS?*

Bennie Romero - *of course the document we have before us is a draft.
This was given to us several days ago to look at. This document is
incomplete. This document could be very valuable, but it should come
after the settlement.*

John Singlaub - we still have no source of funds for the water rights.
There is nothing but this pushing the settlement. I want to see us
trying to do something pro-actively to help the lake.

Robert Kautz - *could we get access to the full draft EIS?*

John Singlaub - you could have access, but we felt that a 300-page
document would be unwieldy.

Tebeau Piquet - *if you can address the concerns we have heard today.*

Dan Jacquet - I think we are on the verge of making this a better
analysis. We are very close. To stop now I think would be a big mistake.
This is a public process. The public hasn't seen it yet and will not see
it until it is a draft document. I don't think any of you would want to
see us preempt the public seeing this.

John Falen - we have some of the public effected sitting right here.

Dan Jacquet - there is a big part of the public that we engage that are
not here today, but we know they exist.

Jerry Hepworth, RAC member representing energy/minerals - *there are
concerns about derailing the process. What is the substance in the law
if the NEPA process goes forward for the BLM to interfere in the process
at all?*

John Singlaub - we don't need a negotiated settlement to implement the
decision that comes out of the EIS. We would need Congress to get
funding to us.

Larie Trippet - *what if there is a contradiction between the settlement
and the EIS?*

Ken Spooner - *the settlement will trump the EIS. This document, as it
is today, only answers a part of the issues.*

Mark Farman - *as long as the federal government are part of the
negotiated settlement there is a much greater chance that the settlement
will derail the EIS.*

John Singlaub - You are saying that part of the negotiation could be to
stop the draft EIS.

Jon McMaster, Walker River Paiute Tribe - *we would need to meet with
the BLM. We are reserving judgment on whether the document will derail
the settlement at this point.*

John Falen - *so that we're not second guessing the farmers here, is
there the assumption that you are in favor of Bennie's motion?*

David Fulstone - *we don't want a flawed document to be part of
anything. I would support Bennie's motion.*

Jacques Etchegoyhen - *I think we have to be aware of the perceived
message we put out. I'm hearing from everybody, we want Walker Lake to
be there, we want the fish to be there. The rule of law very seldom has
had much effect on how water is parceled out in the West. It is
politics. I feel everyone needs to be at the table. Maybe there are some
flaws in the document, but I am not ready to throw it all out. I don't
think we really want to walk away from this table. I think the
discussion we are having is a fruitful one.*

Karen Boeger - I would have a hard time voting for stopping something
that is information gathering. Our time frame to save the lake is so
short here. We have all seen decades of the BLM not being pro-active.
Here a BLM district is willing to get in the middle of the action and
take a risk.

Bennie Romero - *don't forget that my motion said shall be put aside
while the information continues to be gathered. If a settlement can take
place and the document can come in later. I said shelving it.*

Gerry Emm - *if we go forward right now we are in the draft stage. If we
go forward with the process of talking to WRID and the other groups and
we could have this discussion at the next RAC meeting, could we make a
decision at that time? If we can come to the conclusion that there will
be some relocation of water, what is going to be the structure for this?
I don't think the settlement team is going to workout these issues. Is
there any problem of going forward for the next 90 days and fix some of
the problems?*

Tebeau Piquet - *every person's comment is in direct relation to the
problems in the document. I would like to see the motion amended to
include fixing this.*

Bennie Romero agreed to amend the motion to say that this draft EIS not
be introduced to the group that it be brought in behind the settlement.

Larie Trippet - *could the introduction of the draft EIS dovetail with
the settlement?*

Tina Nappe - *I think that without the BLM there would be no process.
This is the only place where information is coming together. We already
know this document is imperfect. Do we only want this document as it is,
or do we want the draft document?*

Tebeau Piquet - *Bennie could you amend the motion to include the 90
days?*

Ken Spooner - *at the settlement table are all the people effected. BLM
had nothing to do with getting these talks started. We are committed to
getting this done. I have to stress that what we are talking about is an
all inclusive agreement. To segment as this document has done, exclusive
of the others, is counter productive.*

John Singlaub - we have verbal agreement that there will be a federal
negotiating team.

Jacques Etchegoyhen - where is the federal judge in this?

Ken Spooner - the federal judge is very encouraging of what we are
doing.

David Fulstone- the negotiation is the most optimum.

Bennie Romero reread his motion.

Mark Farman - *what about trying to avoid overlap or inconsistency with
the settlement?*

Gerry Em - *if we allow this process to go forward 90 days, is there a
problem with that? I expect an update at our next RAC meeting. If we
review the information that has been worked through in the next 90 days,
I would be comfortable voting then. I would like to see the information
that people are going to provide.*

Ken Spooner - *we are going to need the information whatever it is, but
this is premature. If it can be done in 90 days, have at it.*

Phyllis Hunewill - *I can't imagine that you are making a decision just
on a summary without seeing the full document.*

Bill Roullier, RAC member representing transportation/ROW - *what level
of information do we feel would be detrimental to the other process,
what do we want to come after the settlement?*

Mark Farman - *the settlement team determines what information they
need.*

Bill Roullier - *we should not stop. I would like the word in the motion
to be "perfect" the EIS.*

Mark Farman - *that's why I am talking about making the two consistent.*

Jerry Hepworth - *I think there is value in the questions being
answered. The BLM needs to go back and address the public's concerns.*

Tebeau Piquet - *I think we could have 90 days to incorporate the
concerns. I would ask the motioner (sic). I would remove my second if
the staff would go on and address the concerns.*

Bennie Romero - I will rescind my motion.

Tebeau Picquet - I rescind my second.

Jacques Etchegoyhen - this is on our \[the RAC\] agenda for the next
meeting.

The next meeting of the Sierra Front-Northwestern Great Basin Resource
Advisory Council will be July 25 and 26, in Bridgeport, California.