Committee Meeting Information

October 4 & 5, 2007

Powder Horn Golf Club

Sheridan, Wyoming

 

Committee Members Present

Senator Bruce Burns, Co-Chairman

Representative Pat Childers, Co-Chairman

Senator Pat Aullman

Senator Hank Coe

Senator Mike Massie

Senator Jayne Mockler

Representative Kermit Brown

Representative Kathy Davison

Representative Jerry Iekel

Representative Allen Jaggi

Representative Jim Slater

Representative Bill Thompson

 

Committee Members Absent

Representative Bernadine Craft

Representative Patrick Goggles

 

Legislative Service Office Staff

Lynda Cook, Staff Attorney

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee Meeting Summary (October 4 & 5, 2007)

 

The Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee met in Sheridan to consider issues related to state parks and cultural resources, state historic preservation office and game and fish. 

 

The committee heard reports from the Wyoming Cultural Trust Fund Board, the Wyoming Conservation Corps and from the Department of Tourism regarding film incentive legislation.  The committee also heard a report regarding the outcome of a poll administered by the Ruckleshouse Institute in conjunction with the Wyoming Stockgrowers' Association and the Nature Conservancy.

 

The committee heard testimony regarding the needs of the state historic preservation office, the future funding needs of the department of state parks and cultural resources, potential for a new state veterans' museum and future funding needs of the game and fish department.

 

The committee approved sponsorship of legislation to raise fees charged at state parks and historic sites, to extend the sunset date on distributions of fuel taxes to off road vehicle and motorboat programs, to transfer the state veterans' museum to the military department and to require the game and fish commission to submit a budget request for general funds to fund sensitive and non game species programs.

 

Call To Order (October 4, 2007)

Co-Chairman Childers called the meeting to order at 9:00 am.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee Meeting Agenda.

 

Approval of Minutes

Minutes from the July, 2007 Committee meeting were approved.

 

Wyoming Conservation Corps

 

Nicholas Agopian, Director of the Wyoming Conservation Corps, gave a presentation on the activities of the Corps in the past year.  (Appendix 3).  Their plan is to make the Corps self sustaining within three years.  Mr. Agopian described how the Corps has completed twelve projects with state and federal agencies.  They are currently contracting for projects for next summer using four different crews.    The Corps will be involving two graduate students next summer to serve as crew supervisors.  Mr. Agopian further described the grants they have received and are pursuing for next year.  He stated that they are also looking into creating an endowment for the program’s long term sustainability.   The committee congratulated Mr. Agopian on the progress of the program.

 

Game and Fish Department

 

Sage Grouse Protections

 

Terry Cleveland, Director discussed the departments efforts with sage grouse protections.  John Emmerich, deputy director, discussed the number of sage grouse in the state.  Mr. Emmerich stated that there were significant increases in numbers of sage grouse in the past but this year the numbers have stabilized.  The local working groups have largely finished their plans. The governor hosted a summit in June regarding the implementation of the plans.  A statewide implementation team was created to consider policies necessary to implement the plans statewide and make recommendations.  The team came up with funding, policy and practice recommendations.  One recommendation is to compile a statewide set of maps describing the quality of sagebrush habitats.  There was also a recommendation to control subdivision developments.  The governor has not taken any positions or actions on the twenty-one recommendations yet.  The department is looking at standard conservation practices agreements with the USFWS to provide assurances that the state or an operator entering the agreement would not be subject to more requirements if they are following the practices in the agreement.  There was discussion of the effects of energy development on sage grouse leks – whether they cause real declines or displacement of animals.  It was noted that the role of the sage grouse working groups was to come up with broad policy recommendations rather than best management practices for development.

 

Wolf delisting

 

Director Cleveland discussed the preliminary fall estimates show increasing numbers of wolves.  The estimates indicate 363 wolves with 33 packs and 27 breeding pairs – last year there were 311 wolves with 40 packs and 25 breeding pairs.  Montana has a comparable number and Idaho has about twice as many.  Mr. Cleveland noted that there was a stalemate on the delisting until the USFWS stepped up and modified the state's plan to meet their requirements and submitted it to the state.  (Appendix 4).  Mitch Kane of the USFWS met with the Governor and Attorney General to lay out what needed to be done.  2007 House Bill 213 required the federal government to publish a final 10j rule protecting ungulates and to propose delisting of the wolves before the state would modify its plan.  The basic changes to the plan were the establishment of a trophy game area for wolves.  The bill granted the commission the authority to adopt the boundary requested by the service.  The commission did this.  The final delisting rule will now be published on February 28, 2008 according to the plan.  The 10j process will require peer review of the state's criteria for controlling wolves that affect ungulate populations.  The game and fish department is hoping that this will be a programmatic review.  Mr. Cleveland noted that the department’s budget request includes funding for processing of damage claims and management.  There was discussion about the efforts the department will use to safeguard against listing again in the future.  One safeguard is to use radio collars on every wolf pack to monitor populations.  Mr. Cleveland discussed the impression that the state is going to start shooting wolves without abandon.  He noted that currently the USFWS is shooting 40-50 wolves per year already to control predation.  He also noted that once the wolves are delisted the department will manage wolves to the level demanded by public policy. 

 

There was discussion regarding the potential for litigation.  Mr. Cleveland expressed confidence that the delisting rule will be upheld.  The concern is that a court would enjoin the delisting during the pendency of the litigation.

 

Grizzly Bear Management

 

Mr. Emmerich updated the committee on the management of grizzly bears.  The bears were delisted this summer.  Two lawsuits were filed, one in Idaho and one in Illinois.  Wyoming has moved to intervene in the Idaho case.  The USFWS has moved to combine the cases in the Idaho court.  There was no injunction issued in either case.  The department has decided not to develop any hunting seasons for at least another year while the cases go through the courts.

 

Mr. Cleveland noted that in the last month there has been increased activity with grizzly conflicts.  In the last week there have been several hunter related incidents.  This year's estimated numbers of bears are up but the department does not have the final counts yet.  The population estimate should exceed 600 grizzly bears this year. 

 

There was discussion among the committee regarding regulation of feeding of wildlife and control of food sources for grizzly bears.

 

Mr. Emmerich discussed species of greatest conservation need.  (Appendix 5).  The department identified species throughout the state where they know the species are declining, habitats are declining or they don’t know enough about the species to make any determination.  There are 279 species on the list – 235 of which they do not know enough about.  There was discussion about the mapping initiative and how that will help the department learn some of the information that is lacking.

 

08 LSO 0086.W2 – Game and fish-funding.   (Appendix 6)  

 

Director Cleveland explained that the bill provides a statutory requirement that the department submit a budget through the standard budget process to fund nongame and sensitive species programs.  The bill does not limit the department's ability to expend additional funds to manage those species but it does limit the expenditure of any appropriated funds for those programs.  The bill requires the department to prepare a separate accounting of those funds within their annual report.

 

The bill was moved and seconded.   Mark Winland, Wyoming Wildlife Federation, testified in support of the bill.  He supported additional funding sources for management of nongame and sensitive species.  Mr. Winland testified that the WWF would like to see a dedicated reliable stream of funding, but they support this as a good step.  Pam Dewell, Nature Conservancy, testified in support of the bill.  Erik Molvar, Biodiversity Conservation Alliance, testified in support of increased funding for sensitive species.  He noted the effect of species diversity on the states natural heritage as well as the economy.  He noted that he believes that the department does a good job when it makes decisions based on science rather than politics.  He does not support taking species out of the purview of management by the agency and subjecting funding of management of those species to the whims of the legislative body.  Mr. Molvar was asked to provide the committee with a list of dedicated sources that he believes would be practically and politically viable.  Jason Marsden, Wyoming Conservations Voters, testified in support of the bill.  He commended the efforts of the committee over the last few years.  He noted that while there is concern within the conservation community about the autonomy of the department, those concerns are fading.  He noted that even a dedicated stream of funds would be under the purview of the legislature no less than the process provided in this bill.  Dr. Bill Williams, Game & Fish Commission president, testified in support of the bill.  He described the process by which the commission publicly creates the department’s budget. 

 

The following amendments passed:

 

Page 3-line 18              Delete "program" insert  "programs".

Page 3-line 22              Delete "this program" insert "these programs".

 

The bill passed unanimously.

 

The game and fish department took the committee to the dedication of the Lake DeSmet access which was funded through a bill sponsored by the committee in the last legislative session.

 

The meeting was reconvened at 8:00 a.m., October 5, 2007.

Jim Magagna, Wyoming Stockgrowers Association,  Diana Hulm with the Ruckleshouse Institute and Pam Dewell with the Nature Conservancy provided a presentation regarding a statewide survey about conservation issues.  (Appendix 7).   A poll was taken in 2004 and again in 2007.  The poll was initiated by the  Ruckleshouse Institute, the Wyoming Stockgrowers Association and the Nature Conservancy.  Ms. Hulm testified that the results show that voters are very positive about the direction of the state and the numbers have increased since 2004.  The poll showed that voters are concerned with conservation and resource issues.  Ms. Dewell discussed how the poll showed that the majority of respondents support the wildlife and natural resources trust fund.  The poll also showed that there was support for assessment of impact fees in subdivisions.  Chairman Childers asked for a list of the questions asked and the raw data responses.  Ms. Dewell also agreed to provide the committee with a previous poll dealing specifically with the greater Yellowstone area. 

 

State Parks & Cultural Resources.

 

Milward Simpson, Director of the Department of State Parks and Cultural Resources, introduced his staff in attendance. 

 

08 LSO 0083.W2 – State parks and historic sites-fees.  (Appendix 8)

 

Mr. Simpson explained that the bill raises fees by 30%, which is the cost of living increase since the last time fees were increased in 1999.  Certain fees are raised by slightly more if that increase was supported by at least 30% of the respondents in the 2004 visitors’ survey.  There was discussion about the federal limitation on charging non residents more than double fees than that charged to residents.  Mr. Simpson explained that the department would lose millions of dollars in land and conservation fund grants if they exceed that distinction between resident and non resident fees.  There was discussion about the added amenities that would be allowed under the bill.  Bill Westerfield provided a presentation regarding where the increased fees would be used.  Mr. Westerfield testified that based on last years sales, the bill would result in an annual increase of  $636,000.  Half of the money would be used for campsite improvements and the rest would be used for adding amenities.

 

The bill was moved and seconded. 

 

The following amendments were approved:

 

Representative Brown moved to repeal the annual camping permit for nonresidents.   

 

Page 6-lines 13 & 14 – raise the amount to one hundred-fifty dollars. 

 

Page 7-  define added amenities to mean only electrical hookups, showers or camping structures. 

 

Page 7 – insert the amendment proposed by the department.  (Appendix 9).

 

The bill passed as amended (Coe opposed).

 

08 LSO 0084.W1 – Fuel tax-distributions.   (Appendix 10).   

 

The bill extends the sunset on fuel tax distributions from 2008 to 2013.  It was noted that the exact same distribution on snowmobiles does not have a sunset date.  The committee amended the bill to remove the sunset date on page 6-line 2 (motorboats only).

 

The bill passed as amended (Mockler opposed)

 

Other state parks funding requests.

 

The department proposed a letter of support be sent to the joint appropriations and transportations committees supporting the department's budget request.  The letter supports those requests for roads, deferred and critical maintenance and SHPO.  The committee had supported funding of historic interpretation but the department did not include that amount in its budget so the letter does not reflect that amount.  Senator Massie asked that the letter include support for adding that amount into the letter  of support even though it is not in the budget request.  There was also support for $1.4 million in amenities that did not make it in into their budget.  The letter will be amended to include support for those items and the committee voted to send the letter.  (Appendix 11).

 

Wyoming Cultural Trust Fund.

 

Sarah Needles introduced Renee Bovee, administrator of the Wyoming Cultural Trust Fund.  Ms. Bovee provided a report of the activities of the board since it received funding last year.  (Appendix 12).  She described how the ratio of trust funds to other investments in projects supported by the fund is 1 to 38.  Grants from the fund are capped at $50,000 per project.   There was discussion about the number and types of grants awarded in 2007 and 2008.

 

Film Incentives Program.

 

Michele Howard, Department of Tourism, provided the committee with a report on the Film Industry Incentive Program.  (Appendix 13).  The report discusses the progress of the program.  Ms. Howard discussed the other increases in tourism initiated by the department outside the program.  She testified that the department created rules to administer the program in the last few months.  She testified that there were three films that would have qualified this summer.  One decided to film in Montana due to a better production base.  The other two have been postponed and have not yet made a location decision yet.  She expressed concern about the availability of workforce trained in this industry.  She discussed how the department would like to see the authority for the program transferred from the business council to the tourism board. 

 

Janna Davis, Buffalo Sky Productions, testified about the program.  She provided written testimony about her concerns with the program (Appendix 14).  Jill Moriarty, Buffalo Sky Productions, discussed how the program compares to programs in other states.  They provided suggestions on how the program can work more effectively.  Ms. Moriarty described a project they are working on that would meet the requirements of the program but  she feels needs to be filmed in New Mexico due to financial issues. 

 

State Veterans’ Museum

 

08 LSO 0085.W1-state veterans’ museum.  (Appendix 15).

 

Larry Barttelbort, Wyoming Veterans' Commission, addressed the committee regarding the bill to transfer the state veterans’ museum from the state parks department to the military department.  Mr. Barttelbort requested some amendments to move the new statute into a new section.  He provided the committee with a description of the standards and procedures that will be used in the curation of the items in the museum.  (Appendix 16).  There was discussion about the concern over the growth of state government through the expansion of museums within the military department. 

 

The bill was moved and seconded.   Chairman Burns asserted that he thinks the conditions of the building need to be addressed and it is unconscionable that we are still allowing the people to donate items without those conditions being addressed.

 

The bill passed (Massie and Burns opposed).

 

The committee voted to send out a letter to the building commission supporting a reconnaissance and feasibility study on the building.

 

Reports due.

 

The committee reviewed the reports due to it and voted to repeal three of the reports and remove the TRW from receiving one of the reports.

 

Milward Simpson informed the committee about the first annual Wyoming Arts Summit.

 

Meeting Adjournment

There being no further business, Co-Chairman Bruce Burns adjourned the meeting at 2:50 p.m.

 

Respectfully submitted,

 

 

 

 

Bruce Burns, Co-Chairman                                                                  Pat Childers, Co-Chairman

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Committee Sign-In Sheet		Lists meeting attendees		Legislative Service Office
2		Committee Meeting Agenda		Provides an outline of the topics the Committee planned to address at meeting		Legislative Service Office
3		Wyoming Conservation Corps		Report # 560		Wyoming Conservation Corps
4		Game and Fish		Wyoming Gray Wolf Management Plan		Game & Fish
5		Game and Fish		Proposal to Manage Sensitive Species		Game & Fish
6		Game and Fish		08 LSO 0086.W2-Game and fish-funding.		Legislative Service Office
7		General		Public opinion poll summary		Ruckleshouse Institute
8		State Parks		08 LSO 0083.W2-State parks and historic sites-fees.		Legislative Service Office
9		State Parks		Amendment to 08 LSO 0083.W2-State parks and historic sites-fees.		State Parks
10		State Parks		08 LSO 0084.W1-Fuel tax-distributions.		Legislative Service Office
11		State Parks		Letter to Joint Appropriations Committee		Legislative Service Office
12		Cultural Trust Fund		Report from Cultural Trust Fund Board		Cultural Trust Fund Board
13		Tourism		Report on Film Incentives legislation		Tourism Board
14		Tourism		Written Testimony		Buffalo Sky Productions
15		Veterans' Museum		08 LSO 0085.W1-State veterans' museum		Legislative Service Office
16		Veterans' Museum		Written Testimony		Larry Barttelbort
17