14
NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ Meeting November 15th, 2019, 9:30 a.m. NACO Office 304 S. Minnesota Street Carson City, NV 89703 AGENDA Some NACO Board members may attend via phone from other locations. Items on the agenda may be taken out of order. The NACO Board may combine two or more agenda items for consideration. The NACO Board may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Call to Order, Roll Call and Pledge of Allegiance 1. Public Comment. Please Limit Comments to 3 Minutes. 2. Approval of Agenda. For Possible Action 3. NACO President’s Report. 4. NACO Executive Director’s Report. 5. Approval of Minutes of the October 18th, 2019 NACO Board of Directors Meeting. For Possible Action 6. Discussion of Format for Future NACO Board Meetings. For Possible Action 7. Preliminary Discussion of NACO’s 2020 Budget. 8. Discussion on Nevada’s Cooperative Extension Program, Including Future Funding Requests, President Marc Johnson, University Nevada, Reno. For Possible Action 9. Discussion Regarding S. 2666, the Public Land Renewable Energy Development Act (PLREDA). For Possible Action 10. Discussion and Updates Related to the 2020 U.S. Census. 11. Update and Possible Action Regarding Natural Resources and Public Lands and Issues Affecting Counties Including: a. Update on Greater Sage Grouse Issues Including the BLM and USFS Greater Sage Grouse Resource Management Plans and the Activities of the State of Nevada’s Sagebrush Ecosystem Council. b. Other Updates from the NACO Public Lands and Natural Resources Subcommittee 12. NACO Committee of the Emeritus Update. 13. National Association of Counties and Western Interstate Region Board Member Updates. 14. NACO Board Member Updates. 15. Public Comment. Please Limit Comments to 3 Minutes.

NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ … · 2019-11-08 · NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ Meeting October 18th, 2019, 9:30 a.m

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Page 1: NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ … · 2019-11-08 · NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ Meeting October 18th, 2019, 9:30 a.m

NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ Meeting

November 15th, 2019, 9:30 a.m. NACO Office

304 S. Minnesota Street Carson City, NV 89703

AGENDA Some NACO Board members may attend via phone from other locations. Items on the agenda may be taken out of order. The NACO Board may combine two or more agenda items for consideration. The NACO Board may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Call to Order, Roll Call and Pledge of Allegiance

1. Public Comment. Please Limit Comments to 3 Minutes.

2. Approval of Agenda. For Possible Action

3. NACO President’s Report.

4. NACO Executive Director’s Report.

5. Approval of Minutes of the October 18th, 2019 NACO Board of Directors Meeting. For Possible Action

6. Discussion of Format for Future NACO Board Meetings. For Possible Action

7. Preliminary Discussion of NACO’s 2020 Budget.

8. Discussion on Nevada’s Cooperative Extension Program, Including Future Funding Requests, President Marc Johnson, University Nevada, Reno. For Possible Action

9. Discussion Regarding S. 2666, the Public Land Renewable Energy Development Act (PLREDA). For Possible Action

10. Discussion and Updates Related to the 2020 U.S. Census.

11. Update and Possible Action Regarding Natural Resources and Public Lands and Issues Affecting Counties Including:

a. Update on Greater Sage Grouse Issues Including the BLM and USFS Greater Sage Grouse Resource Management Plans and the Activities of the State of Nevada’s Sagebrush Ecosystem Council.

b. Other Updates from the NACO Public Lands and Natural Resources Subcommittee

12. NACO Committee of the Emeritus Update.

13. National Association of Counties and Western Interstate Region Board Member Updates.

14. NACO Board Member Updates.

15. Public Comment. Please Limit Comments to 3 Minutes.

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Adjournment.

Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify NACO in writing at 304 S. Minnesota Street, Carson City, NV 89703, or by calling (775) 883-7863 at least three working days prior to the meeting.

Members of the public can request copies of the supporting material for the meeting by contacting Amanda Evans at (775) 883-7863. Supporting material will be available at the NACO office and on the NACO website at: www.nvnaco.org

This agenda was posted at the following locations: NACO Office 304 S. Minnesota Street, Carson City, NV 89703 Washoe County Admin. Building 1001 E. Ninth Street, Reno, NV 89520 Elko County Manager’s Office 540 Court Street #101, Elko NV 89801 POOL/PACT 201 S. Roop Street, Carson City, NV 89701

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www.labor.nv.gov

Office of the Labor Commissioner Public Works/Prevailing

Wage Seminar

We cordially invite all to join us for a FREE educational seminar

The Office of the Labor Commissioner is offering training to all seeking to learn more about their responsibilities and obligations under Nevada Public

Works and Prevailing Wage Laws.

Topics Covered include:

• What is a Public Work?• What is Prevailing Wage?• Certified Payroll Reports• Investigations• Fines and Penalties• Contractor Responsibilities• Prevailing Wage Rates• Fringe Benefits• Laborer Classification vs. All other classifications

• Discussion on the 2019 Legislative Session Updates

RSVP HERE https://office-of-the-labor-commissioner-pwpcc-75407966257.eventbrite.com

OFFICE OF THE LABOR COMMISSIONER 3300 WEST SAHARA AVENUE, SUITE 225 LAS VEGAS, NEVADA 89102 PHONE: (702) 486-2650 FAX (702) 486-2660

OFFICE OF THE LABOR COMMISSIONER 1818 COLLEGE PARKWAY, SUITE 102 CARSON CITY, NV 89706 PHONE: (775) 684-1890 FAX (775) 687-6409

STATE OF NEVADA

Department of Business & Industry OFFICE OF THE LABOR COMMISSIONER

STEVE SISOLAK GOVERNOR

MICHAEL J. BROWN DIRECTOR

SHANNON M. CHAMBERS LABOR COMMISSIONER

LABOR COMMISSIONER

When: November 20, 2019

Time: Presentation: 9:00 AM to 12:00 PM

Where: 1818 College Pkwy.

Carson City, NV 89706 (Insurance Division

Hearing Room)

No Cost

Reservation Required

Limited Seating

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Mission: Improving transportation to and

within Federal and Tribal Lands by providing

technical services to the highway

transportation community, as well as building

accessible and scenic roads that ensure the

many national treasures, within our Federal

Lands, can be enjoyed by all.

NV Federal Lands Access Program

https://flh.fhwa.dot.gov/programs/flap/nv/

Central Federal Lands Highway Division

(CFLHD) FLAP Program Points of Contact:

James Herlyck, Access Program Manager

720-963-3733, [email protected]

Laurie Miskimins, FLAP Planner

720-963-3455, [email protected]

NV Programming Decision Committee :

James Herlyck, Federal Representative

[email protected]

Cole Mortenson, State Representative

[email protected]

Dagny Stapleton, Local Representative

[email protected]

Nevada

Lands Access Improving access to and within federal lands

FAST ACT Program Funding: $11.66M per Fiscal year

Federal land acreage for the six core FLMAs: 55,924,963

Federal public road miles: 7,580

Number of Federal public bridges: 28

Recreational visitation: 20,921,710

The Federal Lands Access Program (FLAP) was

established under the Moving Ahead for Progress in the 21st

Century Act (MAP-21) and continued under the Fixing

America’s Surface Transportation Act (FAST). The program

funds projects that provide access to, are adjacent to, or are

located within Federal Lands that are owned or maintained

by a State, County, Local Government, or tribe. Priority will

be given to projects accessing high-use Federal recreation

sites or Federal economic generators. The program intends

to supplement State and local resources for public roads,

trails, transit systems, and other transportation facilities.

Programming Decisions Committee (PDC):

The PDC is responsible for the FLAP

programming decisions in each state and is

comprised of representatives from FHWA, the

State Department of Transportation; and an

appropriate political subdivision of the State.

Eligibility:

Eligible activities are listed under 23 USC

§204(a). They include engineering,

rehabilitation, restoration, and construction of

transportation facilities. Other eligible

activities include transportation planning,

research, preventive maintenance, operation

and maintenance of transit facilities, and any

transportation project eligible for assistance

under title 23 that is within or adjacent to, or

that provides access to, Federal land.

Local Match Requirements:

Applicants are responsible to provide

non-federal matching funds for a minimum of

amount of 5.00% of project eligible costs. See

FLAP webpage for some federal funds that can

be used as match.

Project Delivery:

CFLHD delivers the majority of projects in the

FLAP program in the 14 western states in

which the division administers the program.

Applicants may request delivery by another

agency. CFLHD makes the final delivery

decisions.

Next Call for Projects:

November 14, 2019– March 12, 2020

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NEVADA ASSOCIATION OF COUNTIES (NACO) Board of Directors’ Meeting

October 18th, 2019, 9:30 a.m. NACO Office

304 S. Minnesota Street Carson City, NV 89703

UNADOPTED MINUTES

Attendance: President Waits, President Elect French, Douglas County Commissioner Walsh, Lander County Commissioner Allan, Lincoln County Commissioner Higbee, Mineral County Commissioner Price, Nye County Commissioner Wichman, Storey County Commissioner Gilman, Washoe County Commissioner Hartung and NACO Staff (Dagny Stapleton, Vinson Guthreau, Colby Prout and Amanda Evans)

Remote Attendance: Elko County Commissioner Dahl, Eureka County Commissioner Goicoechea, Pershing County Commissioner Shank, Washoe County Commissioner Lucey and Kathy Lewis, Nevada Association of Clerks and Election Officials.

Other Attendance: Elko County Manager Rob Stokes; Bill Brewer, Nevada Rural Housing Authority; Brad Crowell, Dominique Etchegoyhen and Jim Lawrence, Nevada Department of Conservation and Natural Resources (DCNR); Marla McDade Williams, Strategies 360; Dr. Ivory Lyles and Holly Gatske, University of Nevada Cooperative Extension; Travis LaChapelle and Emily Lande, Office of Senator Rosen; Linda Bissett, NV Energy; and Lee Bonner, and Jamie Cooper, Nevada Department of Transportation (NDOT)

The meeting was called to order by President Waits at 9:30 a.m.

1. Public Comment. Lee Bonner of NDOT introduced Ms. Jamie Cooper to the Board. Ms. Cooperhas joined NDOT as the replacement for Murph Glover to work with rural counties. He alsoinformed the Board that the workshops for county transportation projects will be pushed to thespring to allow for the approval of work programs by the Governor and the TransportationBoard. He also informed the Board that the Department is also working on an update of theState Rail Plan.

2. Approval of Agenda. The agenda was approved on a motion by Commissioner Price withsecond by Commissioner Allan.

3. NACO President’s Report. President Waits remarked on the success of the recent AnnualConference and thanked NACO and Washoe County staff for their work on the event. Sheincluded remarks on the Caricature that she was presented during the President’s Reception andnoted her pleasure at the opportunity to raise awareness for the state’s no-kill animal sheltersand law enforcement K-9 programs. She informed the Board that Ormat had donated $2,500 fordistribution to the animal shelters. She discussed the Summit that had been held the previousMonday by the Nevada Department of Wildlife and NDOT to discuss plans for wildlifeover/underpasses to help prevent wildlife vs. vehicle accidents. President Waits concluded herremarks by acknowledging the birthday of Commissioner Wichman.

4. NACO Executive Director’s Report. Dagny requested that Vinson provide an update on theInfrastructure Report Card developed by the Nevada Section of the Society of Civil Engineers andnoted that that a link to the report was included in the agenda packet. He informed the Board

Agenda Item 5

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that the State had improved since the last publication in 2014 but that Nevada’s overall grade was still a C. Dagny reminded the Board that pursuant to the Federal opioid litigation creating a class-action suit, counties must should take official action to opt-out of the Federal suit by November 22nd if they choose to do so. She addressed the Anderson decision by the State Supreme Court that allows for the request of and requirement to hold jury trials in misdemeanor domestic violence cases. She informed the Board that she had discussed the situation with the Attorney General’s office and that NACO would be holding a roundtable on November 1st to share information and discuss how the counties are preparing for these trials.

5. Approval of Minutes of the September 26th, 2019 NACO Board of Directors Meeting. Theminutes were approved on a motion by Commissioner Price with second by CommissionerWichman.

6. Approval of NACO Resolution 19-04 Thanking Washoe County for Hosting the 2019 NACOAnnual Conference. President Waits thanked Washoe County for their hospitality and hardwork and read the Resolution. The Resolution was passed on a motion by CommissionerWichman with second by Commissioner Price.

7. Discussion and Approval of NACO Meeting Dates for 2020. Concern was expressed by theBoard on the time requirement for the Canvas of the 2020 general election and how it related tothe proposed dates for the Annual Conference. Clarification was provided by Ms. Lewis that theCanvas and approval of the Canvas must be completed by the 13th of November. The Board alsodiscussed holding two meetings in Clark County, one in January and one in the Fall. The 2020NACO Board of Directors meeting calendar was approved as discussed on a motion byCommissioner Hartung with second by Commissioner Wichman.

8. Approval of a Commissioner to Serve on the Nevada Rural Housing Authority Board toRepresent Recipients of Assistance from the Authority. Dagny informed the Board that thisis one of three positions the Association is responsible for appointing to the NRHA Board andthat this individual is the representative that is responsible for representing the tenants of theAuthority. Ms. Brenda Falkoinski was approved for the position on a motion by CommissionerWichman with second by Commissioner Price.

9. Update on NACO Entering into an Actuarial Study of the Costs to Nevada’s Counties for theNonfederal Share of the Expenditures for Long-Term Care Pursuant to the State Plan forMedicaid. Dagny reminded the Board that they previously approved the study in July. Shenoted that the Medicaid match for long-term care assessments are the largest the counties payand requested verification that she is authorized to sign a contract for the study. She alsoreminded the Board that Clark and Washoe counties had agreed to pay for a portion of the study,but she also requested authorization from the Board to commit funds from the Association’sSpecial Studies budget line item to the study. Dagny’s signatory authority was confirmed as washer authority to commit funds not to exceed $10,000.00 from the associated budget item, on amotion by Commissioner Wichman with second by Commissioner Higbee.

10. Nevada Day 2019, Update on Activities. The Board discussed what their counties were doingto participate in the festivities in Carson City. Mineral, Storey, Lander and Humboldt Countieswill be participating in the parade.

11. Presentation and Update on the Newly Created Nevada Division of Outdoor Recreationand the Advisory Board on Outdoor Recreation within the Nevada Division ofConservation and Natural Resources (DCNR), Bradley Crowell, Director, DCNR. Mr. Crowellgave the Board an overview of the bill approved in the 2019 Legislative Session that created the

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Division and Board, noting that there were concerns with the delicate balance of conservation needs and efforts and capitalizing on the economic drivers associated with the vast tourism potential of the state for outdoor recreation. He informed the Board that three positions had been approved within the budget, one that will be funded in FY20 and two additional positions being funded in FY21. Mr. Crowell informed the group that the Advisory Board will have 11 members and gave an overview of the Statutory requirements for the make-up of that Board. He did note that he would have liked to have county and federal agency representatives included on the Board but that current statute doesn’t require that. He informed the Board that he would like to integrate counties into the discussion on the regulations that will be developed for the Division as well as in the determination of projects that will be taken on by the new Division. President-Elect French inquired as to how existing agencies such as NDOW would be integrated into the process and Mr. Crowell noted that the agencies such as NDOW are already under the purview of DCNR, and as ‘sister agencies’ they will be part of the advisory committee. Other discussion from the Board also included funding of the Division and it was noted that the currently approved funding stream is through the General Fund, but that future funding sources will need to be identified. Mr. Jim Lawrence addressed the use of Question 1 funding. He also ensured the Board that counties would have representation on the development of the regulations for the Division. Off Highway Vehicle licensing was discussed as a possible funding stream and concern was expressed on the degradation of trails and land by out of state users. It was noted that the issue is a concern of the OHV Board and discussions are being conducted on how to address the issue. President-Elect French expressed concern with county permitting processes being followed and Commissioner Wichman noted that in her experience it isn’t organizations that aren’t following permitting procedures it is individual users. Fire mitigation and restoration were also discussed during the presentation.

12. Presentation from the Nevada Division of Environmental Protection (NDEP) RegardingRecycling Programs in Nevada, Patty Moen, Northern Nevada Recycling Coordinator. Ms.Moen gave an overview of the Department and its hierarchy and noted that the program is oneof outreach not regulation. She informed the Board program’s goal is to have 25% of wasterecycled statewide but that because of increases in refuse vs. recycling that the state’s numbershave been flat for several years. Discussion among the Board included challenges in reaching thegoals because of changes to the current recycling infrastructure including China not acceptingraw recyclable materials, the costs associated with increasing domestic infrastructure andstorage and transportation costs of the materials.

13. Update and Possible Action Regarding Natural Resources and Public Lands and IssuesAffecting Counties Including:

a. Possible NACO Support of the Proposal: The Path Forward for Management of theBLM’s Wild Horses and Burros. Commissioner Goicoechea presented the item andreferred to the Proposal, which was included in the agenda packet. He noted that at least100,000 animals would need to be gathered to reach Appropriate Management Levels(AML), that the Proposal had been developed by a diverse group of stakeholders, thatfertility controls would be necessary and are included in the Proposal, and that NACO’sPublic Lands and Natural Resources Subcommittee recommends support of theProposal. President-Elect French thanked Commissioner Goicoechea for his leadershipin the long process to reach this proposal and noted that Senator Cortez Masto’s officehad reached out to him regarding interest in and support of the proposal. CommissionerFrench also noted that appropriating the funding necessary to enact the proposal’srecommendations is critical. He also informed the Board that the Wild Horse and BurroCommission would be making a presentation to Congress at the end of the month thatwould include the Proposal. NACO’s support of the Proposal, including support of the

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appropriation necessary to fund it, was approved unanimously on a motion by Commissioner Wichman with second by Commissioner Allen.

b. Update on Greater Sage Grouse Issues Including the BLM and USFS Greater SageGrouse Resource Management Plans and the Activities of the State of Nevada’sSagebrush Ecosystem Council. Chair French informed the group that CommissionerGoicoechea had informed the Committee of an injunction that had been handed down incourt blocking the implementation of the amended BLM plan and returning theirprocesses to the originally approved plan, which will have negative repercussions. Colbyinformed the group that there will likely be an appeal. Colby informed the Board that anobjection letter had been submitted to the Forest Service on October 1st that requestedthat NACO be included in the resolution process. Commissioner Goicoechea informedthe Board that the Sagebrush Ecosystem Council (SEC) had approved regulations andsent them to the State for approval by the Legislative Commission. Mr. Lawrenceinformed the Board that it is important that any regulations need to be passed toencourage the support of the Agencies for the Nevada Plan and noted that it is importantto be mindful to always advocate for the State’s conservation plan. CommissionerGoicoechea concluded the item by noting that the SEC is still working on a system ofconservation credits on public lands.

c. Fallon Range Training Complex Modernization (FRTC). Vinson informed the Boardthat the Non-Disclosure Agreement is still in place but that comments had beensubmitted on October 10th. He noted that the Record of Decision (ROD) was originallyexpected in January but has been pushed back to February. He noted that staff hadworked closely with the Governor’s office and other stakeholders on the proposalsubmitted to the Navy. Dagny concluded the item by noting that the issue will beprecedent setting and that following the publication of the ROD it would transfer to alegislative/political process.

d. Other Updates from the NACO Public Lands and Natural Resources Subcommittee.Commissioner Lucey informed the Board that Washoe County is still pursuing their landsbill and encouraged members of sister counties to contact him with any questionsand/or attend the meetings the county will be having on the bill in the short term.

14. NACO Committee of the Emeritus Update. Vinson informed the Board that planning was stillbeing conducted on the Interim workshop series and reminded them of the workshop onDecember 6th that will discuss bills passed in the 2019 Legislative Session that affect countyadministration.

15. National Association of Counties and Western Interstate Region Board Member Updates.It was noted that both Boards had meetings coming up and updates on the activities of bothwould be given to the Association following those meetings.

16. NACO Board Member Updates. Updates were given by members of the Board on activitieswithin their counties.

17. Public Comment. None was given.

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https://www.congress.gov/bill/116th-congress/senate-bill/2666/text

Agenda Item 9

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October 22, 2019

The Honorable Martha McSally The Honorable Martin Heinrich United States Senate United States Senate 404 Russell Senate Office Building 303 Hart Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510

Dear Senators McSally and Heinrich:

On behalf of the National Association of Counties (NACo) and the 3,069 counties, boroughs and parishes we represent, I am writing to express our support of the Public Lands Renewable Energy Development Act (PLREDA). This legislation would extend royalties and lease income from solar and wind projects developed on federal lands to home states and counties.

Similar to existing revenue sharing models for alternative energy development, such as geothermal leasing, PLREDA would share revenues with states and counties. Revenue sharing arrangements with local governments are needed to support county operations impacted by local energy development and production. In addition, the bill provides reinvestment in BLM renewable energy programs and shares critical funds to sustain wildlife and recreational uses of nearby land.

Scores of counties nationwide have federal lands within their boundaries that have been developed or are suitable for alternative energy development. Counties have historically been indispensable advocates for the development of alternative energy production in the United States. Revenue sharing of alternative energy dollars with states and counties will contribute to the delivery of critical government services and the development of much needed capital improvement projects such as road maintenance, public safety and law enforcement, conservation easements, capital for leveraging federal and state resources and the stabilization of operations budgets during tough economic times.

As this nation moves closer to securing a balanced domestic energy portfolio, county governments are committed to working with the federal government as equal partners in the promotion of alternative energy development. The expansion of alternative energy industries will also support the creation of high paying jobs and sustain economic development in communities across the nation.

Again, NACo applauds the introduction of the Public Lands Renewable Energy Development Act of 2019 and respectfully requests swift passage of this legislation.

Sincerely,

Matthew D. Chase Executive Director National Association of Counties

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1

To: NACO Public Lands and Natural Resources Subcommittee

From: Colby Prout, NACO Natural Resources Manager

Cc: NACO Staff

Re: U.S. District Court for the District of Idaho Enjoins BLM 2019 Sage-grouse Plan

Amendments

Introduction

On October 16, 2019, the U.S. District Court for the District of Idaho, granted plaintiffs, Western

Watersheds, Wildearth Guardian, Center for Biological Diversity, and Prairie Hills Audobon

society, motion for a preliminary injunction to stop BLM’s 2019 Plan amendments from being

implemented. The effect of this injunction is to temporarily re-instate the Sage-grouse plans that

were adopted by BLM in 2015 and which counties had been following prior to the March 2019

plan amendments.

Background/History

In 2011, the BLM and USFS launched a planning strategy to amend land use plans and to

otherwise avoid possible ESA listing of Greater Sage-grouse. In 2015, BLM (and USFS)

adopted plans that restricted activity in and around Sage-grouse habitat, and that required buffer

areas between anthropogenic activity and Sage-grouse leks. Specifically, the plans created over

10 million acres of Sage-grouse focal areas (SFAs).

Because of the restrictiveness of 2015 Plan prescriptions, the FWS modified its listing for Sage-

grouse from “warranted but precluded” to “not warranted.” NACO sued to block the 2015 BLM

plans prior to their implementation and alleged BLM violated NEPA. While NACO’s motion

for preliminary injunction was denied, they were successful in showing that BLM violated

NEPA by failing to prepare a supplemental EIS for designation of SFAs in the 2015 Plan. The

U.S. District Court for the District of Nevada ordered BLM to complete a Supplemental EIS. In

2017, Secretary Zinke’s creation of a Sage grouse review team in response to Secretarial Order

3353 forced other lawsuits against the 2015 Plans (including the Idaho lawsuit) to be put on hold.

The purpose of the review team was in part to enhance state participation in Sage-grouse

planning.

In October 2017, BLM began the process of amending all 2015 Plans, including the Nevada

plan. These modifications resulted in Final EIS’s issued in December 2018, and RODs in March

2019. The amendments aligned significant portions of the plans with state plans and made them

more favorable to local needs. For example, the 2019 Plans eliminated “Sage-grouse focal

areas” (SFAs) in all states except Oregon and replaced “hard” and “soft” trigger requirements

with “warnings” in areas other than lek clusters.

Agenda Item 11a

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2

In October 2019, Western Watersheds et al. filed their motion for preliminary injunction against

the 2019 Plans. The U.S. District Court for the District of Idaho granted the injunction and

ordered the 2015 Plans to again take effect.

Basis of Decision

The District Court did not reach a decision on whether the 2019 Amendments are themselves

legally deficient under NEPA. That decision will come after an appeal (if any) of the

preliminary injunction. However, to grant a preliminary injunction, the plaintiff must convince

the court that their case has a likelihood of success on the merits, failure to enjoin would result in

irreparable harm to the plaintiff, the plaintiff suffers the balance of the hardships, and an

injunction serves the public interest. By granting a preliminary injunction (an extraordinary

remedy) the Court has found that it is more likely than not, that at trial the plaintiffs will be able

to show by clear and convincing evidence that the 2019 Amendments violate NEPA.

On the merits, Plaintiffs offered four arguments where the 2019 Plans failed to satisfy NEPA

requirements; 1) failed to consider reasonable alternative, 2) failed to take a “hard look”, 3)

failed to consider cumulative impacts, and 4) eliminated compensatory mitigation requirement.

The court determined that there was a likelihood of success that at trial the plaintiffs could show

that 2019 Amendments failed to satisfy these four NEPA requirements.

a. Irreparable Harm

The Court’s decision was based on a declaration from Dr. Clait Braun. The declaration provided

the court with evidence it viewed was sufficient to show that, absent an injunction, Sage-grouse

and its habitat would suffer irreparable harm. Specifically, Braun’s analysis claimed “BLM

essentially ignored analyzing current habitat condition and fragmentation, or how plan changes

may impact sage-grouse habitats. “The failure of BLM to undertake such analysis in the 2019

Plan Amendments is wholly inconsistent with standard practices and the best available science.”

b. Balance of the Hardship

The Court reasoned that the Sage-grouse would suffer greater hardship if the 2019 Amendments

were not enjoined than the BLM would suffer from having to revert to the 2015 Plans.

c. Public Interest

The Ninth Circuit has recognized “the well-established public interest in preserving nature and

avoiding irreparable environmental injury.”

Conclusion

The 2015 Plans which include 10.7 million acres of Sage-grouse focal areas are now in effect.

The BLM may appeal the ruling to the Ninth Circuit Court of Appeals. If the injunction is

upheld, it will remain in effect until a resolution of whether or not the 2019 Plans violate NEPA.

Because the U.S. District Court for the District Court ruled the 2015 Plans were deficient, it is

unclear what the next step will be in Nevada. Specifically, will BLM now have to comply with

the March 31, 2017 Order compelling preparation of a supplemental EIS?

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NACO Workshop

The 2019 Nevada Legislature What Counties Need to Know

A detailed overview of changes counties need to make as a result of laws passed during the 80th session of the Nevada

Legislature

The 2019 Session of the Nevada Legislature adjourned sine die on June 3, 2019. There were numerous bills passed and signed into law that will influence county administration. Speakers will provide an overview of bills that require counties to take action, and a guide on implementation.

Invited: County Elected Officials and Staff

When: Friday, December 6th at 9:30 a.m.

Where: NACO Conference Room - 304 S. Minnesota St. in Carson City

Please RSVP to Amanda at [email protected] or by calling 775-883-7863, Amanda will also

provide remote connection instructions if you are unable to attend in person. This workshop is

eligible for 1 CPO Credit in Leadership & Governance.

Committee of the Emeritus

Agenda Item 12