MINUTES OF THE NEBRASKA NATURAL RESOURCES COMMISSION MEETING JUNE 25, 1998 Vince Kramper, Chair Nathan MCCaleb Wayne Davis, Member Mark Kuzila Don Larson, Member Dan Wiley, UN-WNRD Frank Bartak, Member Dayle Williamson, Director Dale Watermeier, Member Jim Cook, Staff Joseph Hergott, Member Terry Kubicek, Staff Richard Jiskra, Member Gayle Starr, Staff Don Roberts, Member Tom Pesek, Staff Mike Shaughnessy, Member Clifford Welsh, Member LeRoy Pieper, Member Glen Kroese, Member Roy Stewart, Member CALL TO ORDER The meeting was called to order by Commission Chair Vince Kramper at 10:00 a.m. in Lower Level Conference Room E of the Nebraska State Office Building in Lincoln, Nebraska. NOTICE OF THE MEETING Public notice of the meeting was published in the LINCOLN JOURNAL STAR on June 17, 1998, notifying the public of the meeting. INFORMATIONAL MATERIAL The following items of informational material were distributed during the course of the meeting and a copy of each is attached to the file copy of the minutes: 1. Nebraska Resources Development Fund Present Financial Status 2. Memo to Commission Members RE: NRDF Project Priority Process 3. Nebraska Resources Development Fund Quarterly Report - April 30, 1998 4. Status of Small Watersheds Flood Control Fund 5. EXAMPLE - Status of Small Watersheds Flood Control Fund 6. Small Watersheds Flood Control Fund Projected Funding Requests - 6/17/98 7. Small Watersheds Flood Control Fund Inventory of Fee Title Lands - 6/1/98 8. Soil and Water Conservation Program Fund Report - 5/98 9. NSWCP Fund Distribution 1998-99 10. Memo from Donald H. Larson RE: SWCP Allocation for 1998-99 - June 20, 1998 11. Letter from Upper Elkhorn NRD RE: NSWCP 12. Letter from Upper Loup NRD RE: NSWCP 13. Letter from North Platte NRD RE: NSWCP 14. Natural Resources Enhancement Fund financial chart 15. Water Well Decommissioning Fund financial chart 16. Comprehensive Planning Committee Minutes 17. Minutes of the Program Committee Meeting MINUTES Motion was made by Davis and seconded by Roberts to approve the minutes of the April 29 & 30, 1998, Commission meetings. Motion carried. Aye: Stewart, Kroese, Roberts, Hergott, Jiskra, Watermeier, Welsh, Davis, Pieper, Bartak, Larson, and Kramper Nay: None Not Present: Donaldson, Mercer, Shaughnessy EXPENDITURES Motion was made by Roberts and seconded by Stewart to approve the expenditure report for April and May 1998, as distributed. Motion carried. Aye: Kroese, Roberts, Hergott, Jiskra, Watermeier, Welsh, Davis, Pieper, Bartak, Larson, Kramper, and Stewart Nay: None Not Present: Donaldson, Mercer, and Shaughnessy ADVISORS' COMMENTS Nathan MCCaleb, representing the Natural Resources Conservation Service, distributed a report and briefly commented on Soils Digitization, the new Conservation Farm Option, the Wildlife Habitat Improvement Program (WHIP), the Environmental Quality Improvement Program (EQIP), the Clean Water Action Plan, the NRCS Budget, and some new staff responsibilities in the NRCS state office. NACD REGIONAL MEETING Dayle Williamson and Dale Watermeier briefly commented on the NACD Northern Plains Regional Meeting held in Medora, North Dakota, earlier this month. ENVIRONMENTAL TRUST Vince Kramper reported that there had been no activity on the part of the Environmental Trust Board since the last Commission meeting. He added that receipts from the lottery had increased, in part, because of some recent large lottery jackpots. PLATTE RIVER ACTIVITIES Dayle Williamson briefly commented on the activities of the Governance Committee indicating that they had hired Dayle Strickland of Wyoming as their staff person and that the next meeting would be in Kearney where the Committee would be viewing some habitat areas along the Platte River. Jim Cook added that there would be significant staff input in the various aspects of the work of the Platte River Cooperative Agreement. LB 1085 COMMITTEE Vince Kramper noted that the Committee had met on Wednesday to review a draft of the final report. He added that the Committee had made some changes and a survey of NRD Managers would be conducted to try to quantify NRD accomplishments over the past five years. He added that the report would be provided to Commission members for their review prior to the August 19 & 20 Commission meeting when Commission action would be necessary on the final report. REPUBLICAN RIVER LAW SUIT Jim Cook indicated that the State of Kansas had filed a lawsuit regarding the Republican River compact and that the State of Nebraska would be preparing a response to that lawsuit. He indicated that the Supreme Court should be deciding within the next six months whether or not they will accept the case. He explained that if the Supreme Court does accept the case, it will involve a very significant expenditure on the part of the State of Nebraska and will likely take at least 10 years. PROGRAM COMMITTEE Richard Jiskra indicated that the committee had reviewed the Soil & Water Conservation Fund Status Report and had taken action to recommend adoption of Amendments to the Soil & Water Conservation Fund Rules and Regulations that were the subject of a hearing immediately prior to the committee meeting. Motion was made by Jiskra and seconded by Roberts to adopt the proposed amendments to the Nebraska Soil and Water Conservation Fund Rules and Regulations. Motion carried Aye: Roberts, Hergott, Jiskra, Watermeier, Welsh, Davis, Pieper, Bartak, Larson, Kramper, Stewart, and Kroese Nay: None Not Present: Donaldson, Mercer, and Shaughnessy Jiskra stated that the committee had also discussed the distribution of the Soil & Water Conservation Fund for the upcoming year. Motion was made by Jiskra and seconded by Davis to distribute one million dollars equally among the 23 NRDs and the remaining available funds distributed based on the NRI formula. Motion carried. Aye: Hergott, Jiskra, Watermeier, Welsh, Davis, Pieper, Bartak, Larson, Kramper, Stewart, Kroese, and Roberts Nay: None Not Present: Donaldson, Mercer, and Shaughnessy Jiskra indicated that the committee had discussed the use of the 1982 NRI Information for Distribution of the Soil & Water Conservation Fund and that Don Larson and other members expressed a need to try to utilize more current information. Motion was made by Jiskra and seconded by Larson to study the possibility of devising a new formula for allocation of the Soil & Water Conservation Fund. Motion carried. Aye: Jiskra, Watermeier, Welsh, Davis, Pieper, Bartak, Larson, Kramper, Stewart, Kroese, Roberts, and Hergott Nay: None Not Present: Donaldson, Mercer, and Shaughnessy Jiskra indicated Tom Pesek had reviewed the Resources Development Fund Financial Status Report and Quarterly Report with the committee as well as the memorandum sent to Commission members regarding the Resources Development Fund Priority Process and some alternatives to that process. Motion was made by Jiskra and seconded by Pieper to modify the Project Priority Establishment by deleting the multiple criteria point system and to direct the staff to prepare the necessary revisions to the Rules and Regulations for administration of the Nebraska Resources Development Fund. Motion carried. Aye: Watermeier, Welsh, Davis, Pieper, Bartak, Larson, Kramper, Shaughnessy, Stewart, Kroese, Roberts, Hergott, and Jiskra Nay: None Not Present: Donaldson and Mercer Jiskra stated that the Committee had reviewed the Watershed and Flood Control Fund status report and the projected funding requests for the coming year. Motion was made by Jiskra and seconded by Hergott to establish the Revolving Fund Base for the Small Watersheds Flood Control Fund at $1,350,000 for Fiscal Year 1998-99. Motion carried. Aye: Welsh, Davis, Pieper, Bartak, Larson, Kramper, Shaughnessy, Stewart, Kroese, Roberts, Hergott, Jiskra, and Watermeier Nay: None Not Present: Donaldson and Mercer Jiskra indicated that the committee had reviewed the Inventory of Fee Title Lands and Pesek had explained the status of each property. Motion was made by Jiskra and seconded by Larson that the Commission not schedule the sale of any fee title tracts in Fiscal Year 2000. Motion carried. Aye: Davis, Pieper, Bartak, Larson, Kramper, Shaughnessy, Stewart, Kroese, Roberts, Hergott Jiskra, Watermeier, and Welsh Nay: None Not Present: Donaldson and Mercer Jiskra stated that Starr had reviewed the Water Well Decommissioning Fund status report and the Natural Resources Enhancement Fund report with the committee. He added the Commission needed to take action regarding the distribution of the Natural Resources Enhancement Fund for the coming year. Motion was made by Jiskra and seconded by Stewart that 20% of the Fund be distributed equally among the NRDs, 20% on the basis of Water Management Areas, and 60% on the basis of fertilizer sales. Motion carried. Aye: Pieper, Bartak, Larson, Kramper, Shaughnessy, Stewart, Kroese, Roberts, Hergott, Jiskra, Watermeier, Welsh, and Davis Nay: None Not Present: Donaldson and Mercer COMPREHENSIVE PLANNING COMMITTEE Cliff Welsh indicated that the committee had spent a great deal of time discussing the Soil Survey Program and the various aspects of that program, including the digitization and DOQQ Programs. He added there was some discussion of the need to accelerate the Soil Survey Program and the committee asked to see additional information in that regard. Motion was made by Roberts and seconded by Bartak to ask the staff to prepare white papers on each of the related subjects with background information, budgets, time lines and options. Motion carried. Aye: Bartak, Larson, Kramper, Shaughnessy, Stewart, Kroese, Roberts, Hergott, Jiskra, Watermeier, Welsh, Davis, and Pieper Nay: None Not Present: Donaldson and Mercer Welsh added that Mahendra Bansal and Steve Rathje had updated the committee on some Data Bank activities and that Steve Gaul had reviewed a number of Comprehensive Planning activities for the committee. He added that Steve Gaul had reminded the Commission that the Annual Report and Plan of Work would be available for Commission members prior to the August meeting and would need to be approved at the August meeting. NEXT MEETING The next meeting of the Commission will be August 19 & 20 in Beatrice. Richard Jiskra noted that the Lower Big Blue NRD is planning a tour of their project areas for the Commission and that Commission members will be provided additional information by late July. ADJOURNMENT The meeting was adjourned at approximately 11:10 a.m. Chairman Director of Natural Resources July 2, 1998