Pershing County Water Conservation District (PCWCD) is accepting applications for the position of Secretary/Manager.

A successful applicant will be responsible for managing the day-to-day operations of a 40,000-acre irrigation district located in Lovelock Nevada.  This irrigation district is a surface water district receiving water from the Humboldt River water system via its privately owned and operated reservoir.  This position is an at-will position to a 7 member Board. Salary commensurate with experience.

If interested, send a cover letter, resume, and three references to Peggy Holland at PCWCD by email to pholland@irrigation.lovelock.nv.us or contact 775-273-2293 for questions and a complete job description. 

Our Team, from left to right: Laura, Maricruz, Therese, Tara, Scott, Caitlin, Rachel, Max, Jess, Kelsey, Jeff, Jim, Melissa and Rita

As 2023 comes to a close, we at Schroeder Law Offices want to extend our thanks to all of our clients, friends, consultants and colleagues.  It has been an interesting year in the water rights attorney world. 

In Nevada we have made great headways in collaborating with Nevada Division of Water Resources and stakeholders on the Humboldt River Basin issues and conjunctive management.  Many submitted presentations and ideas ranging from strict prior appropriation all the way to socio-economic management. It is clear that ideas on management range the complete spectrum and it will be interesting how our prior appropriation state will ultimately decide on this issue.

This year I spent a lot of time working with United States Committee for Irrigation and Drainage (USCID) in bringing the organization back online after a changing of our Executive Director during the COVID years.  We are glad that is behind us and the organization is back on track and moving forward. At our conference in Fort Collins Colorado I was able to learn about how Colorado tackles and deals with conjunctive management issues.  Interestingly, everyone on the river system knows exactly where they are “on the priority line”.  Perhaps someday this will be the same mode of operation in Nevada?!  If you are interested in USCID, learn more here.

I am excited to participate in USCID and their parent, ICID in working to bring the innovations in irrigation and drainage to other countries and assist in solving world wide water scarcity and shortage problems.  I hope to have some international travels in my future as part of this work!

Other work I have done this year, included continuing my Secretarial duties for the Nevada Heritage Foundation, where we promote education in agriculture by providing support and scholarships to Nevada’s youth.  As you can tell, promoting agriculture is a passion of mine as it runs in my blood.

Finally, this year is my last year serving on the Board of the Nevada State Bar Environmental & Natural Resource Section.  It has been a great tenure and it’s been a great avenue to develop relationships in the legal world with other attorneys practicing in the same areas as Schroeder Law Offices.  I firmly believe that building relationship and communication is a key to success in any business.

Well, on that note, we wish you all a wonderful Christmas and Holiday Season and we look forward to a happy, healthy, and prosperous 2024!

~Therese

Visit our Home Page. View our Blog. Send us your questions. Email us at counsel@water-law.com.

Reminder!  Join us for the USCID webinar on April 12, 2023 at 11:00 AM (Pacific) to learn about title transfer of Federal reclamation projects to users and to take a look at an international database of irrigation projects throughout the world.

When the U. S Bureau of Reclamation implements and completes a project, such as a new reservoir or dam, it retains title and ownership.  The operation and maintenance of the project is typically the responsibility and obligation of the project users.  Title transfer is the process of conveying the title and ownership of these Bureau of Reclamation facilities to the project users. 

In the past, absent an Act of Congress or otherwise, project users could not receive title to their water projects.  In 2019 the law changed and now provides authority to move through the transfer process without separate and distinct Act of Congress.  See:  Title Transfer | Bureau of Reclamation (usbr.gov)

Hear from Frank Dimick, of Dimick Water Resources Engineering, to learn firsthand from someone who has undergone title transfer process both before and after the new law. Hear about how the transfer process is putting the United States on the map with international water projects!

This webinar is hosted by the United States Comittee on Irrigation and Drainage (USCID) Together with Schroeder Law Offices, PC.

Register for this free webinar today! Webinar Registration – Zoom

Therese Stix has been appointed by its Board of Directors as Vice President of the United States Committee on Irrigation and Drainage.  USCID’s mission is to promote progressive and sustainable irrigation, drainage, and flood control practices in support of food and fiber production and public safety, recognizing that sustainability embodies economic, social, and environmental goals.  Therese was appointed to this position after stepping in to help USCID launch after a hiatus during the non-conference years of COVID and the retirement of the past executive director. 

Therese grew up on a row crop farm in eastern Oregon, is passionate about agricultural customs and culture, and continues to support farming and ranching operations in her law practice.  As Vice President, Therese will continue to take an active role in supporting the USCID’s mission while bringing the organization back online.

In addition, USCID is in the process of on boarding Jane Townsend from Ag Association Management Services to assist in promoting and pursuing USCID’s mission post-COVID. We are excited to have Jane assisting us and are currently planning our next conference to take place in Fort Collins, Colorado April 25-28, 2023.  We hope to see you there!

In the first year back since COVID-19, the Nevada State Bar, Environmental & Natural Resources Section held its Annual Meet & Greet event on November 3, 2022.  A social, after work event, honorees included Adam Sullivan (Nevada State Engineer), Micheline Fairbank (Nevada Deputy Administrator for Nevada Division of Water Resources), David Bobzien (Nevada’s Office of Energy), Jim Lawrence (Acting Director, Nevada Department of Conservation & Natural Resources), and Chad Blanchard (Federal Water Master for the Truckee & Carson Rivers).

Section members attending networked with our Nevada agency leads on a more personal level without the stresses of adversarial positions. During the event, Section leaders asked our honorees fun “icebreaker” questions such as: 1) What is your idea of perfect happiness? 2) With which historical person do you most identify? 3) What is your greatest extravagance? and, 4) Which talent would you most like to have?  Of course, these questions sparked fun answers that provided a glimpse into our leaders as people.  Spending time with these Nevada agency leaders on a personal level ultimately allows us to know and appreciate the work we all pursue. 

NDWR launched a survey to gain your perspective and gather input to update the State Water Plan. 

The Nevada Division of Water Resources wants your input!

 The survey takes 10-20 minutes and can be found here Nevada State Water Plan Survey (qualtrics.com)  According to NDWR, “The updated plan is envisioned to serve as a high-level policy and planning guide to help inform and direct water resource initiatives in the near and distant future.” 

Make your voice be known and participate!

How can you remove easements and other adverse interests from real property?  Suppose you are buying, selling, or developing real property. A lot about the property can be revealed through due diligence, the preliminary title report, or the deed. Sometimes – hopefully not often– this work can surprise property interests and impact a successful conveyance.

In this webinar attorneys Sarah Liljefelt, Nicole Vetter, and Laura Schroeder will share legal strategies to investigate and discover adverse property interests. They will look at title reports and on ground inspection and other sources. Such interests might include

• well sharing agreements,
• ditch easements,
• pipeline or water infrastructure or utility easements.
• or road easements.

Removing or amending these adverse property interests could be critical depending on your transaction goals.

You must register in advance for the webinar by following this link: https://us02web.zoom.us/webinar/register/7816340806642/WN_e2G4lGikT0Sss2sTz11tDw

This webinar will be the 6th in our 2021 series of webinars we have called the “Vaccine” Series. This series is in respect to the on going fight against COVID.  Replays or the past webinars can be viewed at our Water Rights Video Handbook or Guide.

The last webinar of the series will be next month on November 9. It will ask “Should You or Can You Take Storm Water into Your Existing System?”

Shareholder Therese Ure Stix recently visited the ancient aqueduct in Segovia, Spain. Built in the first century by the Roman Empire, it carried water over 16 km from La Acebeda to the Alcazar in Segovia.  The aqueduct is constructed with 20,400 stone blocks, no cement or mortar!  The aqueduct comprises 167 arches in all.  At its highest point is 28.5 meters above land surface.

It was declared a UNESCO World Heritage site in 1985. An amazing site to see for all of us water geeks! It can’t help but remind us of the importance of water in ancient times to present!

For more information see Aqueduct of Segovia | World Monuments Fund (wmf.org)

As I attend hearings on the Diamond Valley Adjudication, I am continually reminded of the importance of historical research to show pre-code water use. While this has been a topic of blogs in the past, we cannot stress enough how spending the time now will only benefit you in the future. 

This is not an item to procrastinate on! One claimant mentioned he spent his time researching water use in the county records over the last few winters! Yes, it can take that long, so start now! 

In order to show this pre-code water use in an adjudication proceeding, information such as chain of title to the first possessory entry man is important. You may consider ordering the patent files from National Archives to obtain that information. Thoroughly review the pre-code tax records for your predecessor in interest to determine what they were being taxed on. This helps to establish proof of grazing if they were taxed on animals, establishes proof of irrigation if taxed on hay or crop production, etc.  Weaving this quilt to bring together all the historical facts is of utmost importance! 

While some of these adjudication proceedings might not occur for decades, it is important to complete this research now!  Find the records while they are easy to locate and you have the time to track them down!

For more information on the types of information that can support pre-code water rights, see our article previously posted titled How to Research Land & Water for Proof of Vested Nevada Water Right Claims.

Schroeder Law Offices’ attorney Therese Ure is in attendance at the 2018 Family Farm Alliance Conference in Reno, NV and was present for the Reclamation Roundtable wherein Commissioner Brenda Bunman addressed the Family Farm Alliance (“FFA”) membership goals regarding conveying Reclamations under the current administration. Key points of the FFA goals include: 1) creating infrastructure to provide water security and reliable energy; 2) reinvesting to modernize existing infrastructure, and considering creative ways to pay for theses project (welcoming ideas and comments); 3) streamlining projects from the way they are managed to streamlining of the NEPA process; 4) collaborating to create new ideas, listening, sharing, and being transparent; and 5) creating a culture at Reclamation of safety, respect and civility.

Other key points in the Reclamation Roundtable with all the regional directors included a water forecast for 2018, discussion of what current storage will secure or not secure, and how to deal with long term planning by:

• a) creating additional storage through raising dams;
• b) investigating new storage locations (new dams); and
• c) aquifer storage and recovery projects (underground storage) undergoing feasibility studies, working on creative ways to deal with ESA issue, and collaborating with stakeholders.

By: Lisa Mae Gage and Therese Ure

On September 27, 2017, the Supreme Court of the State of Nevada issued an opinion concluding the longstanding battle between the Nevada State Engineer, Nevada Division of Water Resources and Kobeh Valley Ranch LLC (“KVR”), and Eureka County, Kenneth F. Benson, Diamond Cattle Company, LLC., and Michel and Margaret Ann Etcheverry Family LP regarding the Nevada State Engineer’s issuance of water use permits to KVR. This dispute involved KVR’s proposed future mitigation plan. After several appeals and remands before the Nevada Division Water Resources, the Seventh District Court in Eureka County and the Supreme Court of Nevada, the matter ended.

The Etcheverry family, among others, fought for over seven years to protect their senior permitted and vested water rights from the impacts proposed by a series of change applications filed by Kobeh Valley Ranch. Evidence presented before the Nevada Division of Water Resources and the Courts showed conflicts to senior users would unarguably occur. Kobeh Valley Ranch asserted that it may be able to mitigate the conflicts through a proposed future mitigation plan. Without any guarantee that a proposed future mitigation plan would in fact protect the senior rights of water users, senior users fought back. This fight ended with a Supreme Court decision upholding the prior appropriation system, protecting senior water right holders and preventing a party such as KVR from circumventing the statutory requirements put in place to protect existing rights.

After the repeated appeals and remands and dragging the parties through multiple contests and court challenges, the Supreme Court offered a reprieve finding “KVR is not entitled to a second bite at the apple after previously failing to present sufficient evidence of mitigation”… and “KVR is not entitled to a do-over after failing to provide substantial mitigation evidence.” State Eng’r v. Eureka Cty., 133 Nev., Adv. Op. 71 (2017). Although it may seem like a small win to the parties to the matter, it is also a great victory in the battle to protect our valuable water resources.

Today is World Food Day and we see many promoting their initiatives to fight hunger as they celebrate October 16, 1945 – founding day of the Food and Agriculture Organization of the United Nations.

One of Schroeder Law Offices’ missions is to support people feeding the world. We do this by offering legal services for those farmers and ranchers out there who are growing crops to feed the world, or otherwise contributing to the food and fiber industries in this and other countries.

Just this summer, we toured our clients’ properties learning how they are using technology and advancements to increase their crop yields on the same acreage with the same water use. We also learned how our clients are working with nutritionists to feed cattle in the optimal fashion to raise beef and other meat sources. We are proud that we can support our clients’ water needs in their pursuit to sustainably feed the world!

What are you doing for World Food Day?

The issue of updating ownership of water rights of use continues to rear its ugly head in the context of water right forfeiture proceedings. I can’t stress enough how important it is in Nevada to update ownership records with the Nevada Division of Water Resources. Currently, NRS 533.384 requires buyer to file ownership update information with the State Engineer.

Thus, when buying property, it is not enough to record your deed with the county, you must also update the records for water rights of use with the Nevada Division of Water Resources by filing a report of conveyance and abstract of title (these are specific forms with instructions available on the NDWR website). If there is a title issue that might take you some time or assistance to sort out, then file a Request for Correspondence (another form) with NDWR so you at least receive some kind of notice as to matters relating to your water rights. Don’t miss these important notices putting your water rights of use in jeopardy by failing to update ownership records!

Some title issues that come up in Reports of Conveyance and Abstracts of Title include deeds that inadvertently do not transfer all the property, deeds that have different names or entities thus causing additional supporting research to show they are one-in-the-same, having to research title back to the original water right holder, and having to sift through probate documents to show a transfer in ownership, to name a few. Regardless of the issue that needs resolving, now is the time to diligently check your rights of use and ensure you are in compliance with NRS 533.384.

On February 1, 2017, Laura Schroeder, Alan Schroeder, and Therese Ure had the honor of attending the Society of Range Management’s Award Ceremony to honor friend of Schroeder Law Offices, P.C. and Schroeder & Lezamiz Law Office, LLP, Al Steninger, in the receipt of the Sustained Lifetime Achievement Award. From the words of the Society for Range Management:

Al Steninger joined the Society for Range Management in 1961, and is a life member. A native of Elko, NV, Al has had a varied career. He’s been a buckaroo, a ranch manager, eared his BS/MS from Colorado State University, worked as a BLM Area Manager, range consultant, ranch broker, appraiser and arbitrator. Since 1968, he has operated Western Range Service and Nevada Ranch Service in Elko serving private clients west-wide. Al has improved management on millions of acres of rangeland. In all phases of his work, Al has maintained adherence to scientifically-based range management strategies. Al advocates that good range studies result in good range management decisions. Not only has he collected data, interpreted data, and turned data into management, he has applied the data on-the-ground on several large ranges he managed or advised, bring innovative range management into practice. Al’s consulting is built on strict ethical standards; he believes his clients deserve the truth based on facts. His brokerage and arbitration policy is: be thorough, be transparent, and provide service and ethics which are beyond reproach. His integrity has attracted collaboration with top scientists and educators in range management in conducting range studies and expert testimony. As part of a pioneering Elko family, Al has been active in support of the Elko County Fair, Northern Nevada Community College, Elko Historical Museum, and other civic projects. For his long-time efforts to combine good science with practical experience in managing rangelands The Society for Range Management recognizes Al Steninger with a 2017 Sustained Lifetime Achievement Award.

Schroeder Law Offices, P.C. and Schroeder & Lezamiz Law Office, LLP sponsored a reception after the Award Ceremony to honor Steninger’s achievements which was attended by 40-50 of Steninger’s range management colleagues. We were honored to be a part of this celebration.

I was able to attend the Rocky Mountain Mineral Law Foundation’s course on Advanced Public Lands held in Santa Fe this January. Between all agencies, there is approximately 652 million acres of federally managed lands. Given the timing of the conference, many speculated and discussed what development of public lands might bring under the current Trump Administration. Many speculate that this Administration will bring more of a use, disposal and/or privatization model.

Various models of public lands use have come and gone throughout the history of the US including Acquisition, Disposal, Privatization, Retention, Management, and Nature Conservation, among others. With many forces driving our models including population growth, energy development, increased recreation and environmental values, and limited natural resources, it will be interesting to see how this is all balanced in the next four years.

Those at the RMMLF conference speculate that we will see reform to the ESA, Antiquities Act, Federal Land Transfers, Energy Initiative, Land Use, and Ocean Withdrawal Orders. There is speculation that the President will revise National Monument Orders and/or reverse several of the Executive Orders signed in the last months of the Obama Administration. Will there be administrative reform on the coal moratoriums, climate initiatives and BLM plan and regulations? Exciting times are ahead as we are in a front seat to watch history change with regard to public land use!

As an update to the previous blog posted regarding the Fallon Range Training Complex Modernization and Public Comments, https://www.water-law.com/deadline-approaching-submit-nepa-scoping-comments-nevadas-fallon-range-training-complex/, the deadline to submit comments has been extended. The new deadline is December 12, 2016. If you are interested in submitting comments there are several ways to submit comments including online or by mail.

Submit Comments Online:

To submit comments online, please visit:
https://frtcmodernization.com/Public-Involvement/Submit-Your-Comment

Mail In Comments:

For a written form, please follow the link to download and print a pdf form:
https://frtcmodernization.com/portals/FRTCModernization/files/forms/FRTCMEIS_Scoping_Comment_Form.pdf

Mail written comments to the address listed below:

Naval Facilities Engineering command Southwest
Code EV21.AK
1220 Pacific Highway
Building 1, 5^th Floor
San Diego, CA 92132

In order for your comments to be considered in the draft Environmental Impact Statement (EIS), the comments MUST be postmarked or received online by December 12, 2016.

NEPA is the acronym for the National Environmental Policy Act.  NEPA’s purposes included setting national policy to encourage productive and enjoyable harmony between humans and their environment; promoting efforts that will prevent or eliminate damage to the environment; and, enriching the understanding of the ecological systems and important natural resources. See 42 U.S. C. 4321 for additional details.  To promote these purposes, NEPA defined processes federal agencies must follow when they propose an action, grant a permit, or agree to fund or otherwise authorize any other entity to undertake an action that could possibly affect environmental resources. Thus, an  EA (Environmental Assessment) or an EIS (Environmental Impact Statement) are resulting products of NEPA analysis.  Generally speaking, NEPA’s requirement is simply to engage in the a process that analyzes the effects on the environment with public input and disclosure, before taking action.

Once a project is determined to have a federal nexus to require NEPA, the first stage in the process is scoping.  In scoping the lead federal agency asks for comment and input from the public as to the nature and the extent of the issues and impacts to be addressed in the EIS.  It is during scoping that your comment on the proposed action’s effect on you or the environment, rangeland resources, water sources, wildlife, livestock grazing, cultural resources, and the like, are required. During scoping, you can identify a reasonable alternative solution, state that alternative with specificity, and request that it be considered in the NEPA process.  In the end, your input in the scoping process could change what the agency determines are the issues and what alternatives might be considered when that lead federal agency prepares the Environmental Impact Statement.

NEPA processes do NOT give the agency authorization to proceed on a project or provide funding for a project.  It is merely one required step in the federal process of decision making.  Once NEPA is completed, the agency usually issues a ROD (Record of Decision) that outlines how, or under which alternative, the agency may proceed forward. Generally speaking, lawsuits related to NEPA seek declaratory judgments or writs of mandamus to establish the NEPA obligations (ie the agency needs to follow more process).  NEPA does not authorize awards of attorney’s fees and expenses for prevailing parties unless a plaintiff can qualify under EAJA, 28 USC 2412.

NEPA, is the only the precursor to agency action.  If your rights or interests may be affected by a proposed action, now it the time to start positioning yourself to show harm so that you may be adequately compensated in separate proceedings should the proposed action proceed.

In Fallon Nevada, NEPA scoping began for the Fallon Range Training Complex Modernization’s proposed action that will 1) renew existing 202,589 acres of public land withdrawal that is set to expire on November 6, 2021; 2) withdraw and reserve for military use 604,744 acres of additional public land to expand existing land ranges; 3) acquire 65,160 acres of “non-federal” land (think state owned or privately held) to expand existing land ranges; 4) expand special use airspace, as well as reconfigure existing airspace; and 5) modify range infrastructure to support he expansion. Scoping Comments are due, pursuant to the Federal Register Notice, on November 25, 2016 (see, Vol. 81, No. 166 at 58919 dated August 26, 2016).  See also, www.frtcmodernization.com for more information relating to the proposed action.

This expansion will include several grazing allotments.  Some of these allotments will be completely closed to grazing, while others will be modified in some way.  Both the Nevada Farm Bureau and the Nevada Cattlemens Association are working to prepare comments in this scoping process, however you should also submit your own comments related specifically to your affected areas. A map of the effected grazing allotments in relation to the proposed action can be found at: https://frtcmodernization.com/portals/FRTCModernization/files/maps/FRTCLM05140v11_NAS_Fallon-Proposed_Land_Renewal_and_Expansion_Map_with_Grazing_Allotments.pdf

Once the scoping period closes, the agencies will prepare a draft EIS.  According to the public meetings, the draft EIS is expected to be published in the Winter of 2018.  After the draft is published, there will be another round of public meetings and another comment period relating to the draft EIS document.  Currently the final EIS is expected in the Fall of 2019, with Record of Decision to be issued in the Winter of 2020.

Don’t wait to get your comments drafted as the November 25^th deadline is the day after Thanksgiving!

The Department of Defense Plans to Expand the Fallon Nevada Navy Training Complex. Now is the Time to Participate and Comment in the NEPA process!

The Fallon Range Training Complex (FRTC) is planning expansion of its Fallon Nevada facilities and announced in the Federal Register its intent to prepare an environmental impact statement (EIS). The EIS will assess the potential environmental consequences of maintaining and modernizing the FRTC which would include land range expansion through additional land withdrawal and land acquisition, airspace modifications, and public land withdrawal renewal. The proposed action includes withdrawal and reservation for military use of approximately 604,744 acres of additional public land, and acquisition of approximately 65,160 acres of non-federal land to expand existing ranges.

A recent Nevada Farm Bureau newsletter notes concerns for the adverse impacts on farmers and ranchers due to the grazing allotments that would be impacted.
If you would like to participate in this process, there will be a series of open house meetings scheduled to take place.

Along with participation in these meetings, it is imperative that you submit comments with all your concerns over the proposed project to ensure you have legal standing as to the impacts of the proposed action in the future. Comments must be postmarked or received online no later than November 25, 2016. Stay tuned for a blog on the importance of drafting NEPA comments. More information is available at: http://www.FRTCModernization.com

Rights-of Way on Public Lands and Administrative Avoidance

Century old rights-of-way uses of public lands can only be confirmed through a long, expensive federal court process. Because the Bureau of Land Management (BLM) and U.S. Forest Service (USFS) cannot determine the validity of water delivery and road rights-of-way on public lands, farmers, ranchers, and local governments may face an uphill battle to legally confirm and adjudicate these long-standing uses.

Revised Statutes (RS) 2477 and 2339 were components of the Mining Law of 1866, also called H.R. 365. This Act recognized the activities of settlers and miners occupying the West and encourage development of federal lands.

RS 2477 recognized roads and highways on public lands not already withdrawn from entry. RS 2339 protects the use of water infrastructure used for mining, agriculture, manufacture, and other purposes in place prior to the lands being withdrawn as well. These road and ditch laws honored development protocols and uses based on the local custom and laws at the time of early settlement.

While these laws are no longer in effect with the passage of the Federal Land Policy and Management Act (FLPMA), these self-granting rights-of-ways created while the law was in effect have not disappeared.  FLPMA recognizes existing rights on public lands prior to its passage. See: http://www.blm.gov/ca/dir/pdfs/2003/ib/CAIB2003-023ATT2.pdf

Without a way for agencies to definitively determine RS 2477 and RS 2339 rights-of-way claims, federal courts are currently the only venue to address these issues.  For more information, see: http://nvbar.org/articles/content/rs-2477-public-rights-way-era-administrative-avoidance

Make sure to stay tuned to Schroeder Law Offices’ Water Blog for more news that may affect you!

This article was drafted with the assistance of Law Clerk Jakob Wiley, a concurrent student at Oregon State University’s Water Resources Policy and Management graduate program and a law student at the University of Oregon School of Law.

With the political race underway, one group has taken a hard look at land management objectives on federal lands. In response, this group prepared a list of the top ten ways to improve federal land management in an open letter to the United States Presidential Candidates. In summary, top ten items include:

1. Retain federal ownership of most federal lands, but with significant changes.
2. Enhance the National Park System by converting some of the existing National Monuments to Park status with approval of the applicable State.
3. Adopt and implement State sage grouse management plans, and withdraw BLM and USFS land use and forest planning as related to sage grouse.
4. Manage wild horses and burros to achieve “appropriate management levels” (AML) within 4 years with priority timing on sage grouse breeding, late-brood rearing, and winter habitat areas.
5. Repeal (or amend) the Antiquities Act of 1906, to negate the ability of the President to unilaterally establish National Monuments without the approval of Congress.
6. Release Wilderness Study Areas (WSAs) within 4 years unless Congress approves to establish the same (in whole or in part) to Wilderness status.
7. Retain, but amend, the Equal Access to Justice Act, and similar fee-shifting statutes.
8. Amend the Endangered Species Act to more precisely defining the terms “species,” “endangered species,” and “threatened species.”
9. Amend the Administrative Procedure Act to provide litigants a meaningful opportunity for participation and for judicial review.
10. Consolidate administration of the public lands and national forest system lands into one federal land management agency.

Click here for a full copy of this open letter. Open Letter to Presidential Candidates — Top Ten Ways to Improve Federal Land Management in the West 

• The positions expressed in the letter are those of the individual signatory and do not intend to express the positions of the firm/business or its clients/customers to which the signatory is associated/employed.