Commissioners approve agreement for Churchill County checkerboard land plan

Churchill County commissioners approved an agreement last week during their May 20 regular meeting, giving the county a formal role in a federal planning process aimed at consolidating checkerboarded federal and private land ownership in the northwest part of the county.

The memorandum of understanding is between Churchill County, the Bureau of Land Management’s Carson City and Winnemucca district offices, and the Bureau of Reclamation’s Lahontan Basin Area Office. The agreement sets out how the agencies and county will coordinate on the Churchill County Checkerboard Resolution Area Implementation Strategy Plan, required under Section 2908 of the National Defense Authorization Act for fiscal year 2023, the act that approved the Fallon Range Training Complex expansion for Naval Air Station Fallon.

The area primarily affected is northwest of Fallon, generally north of the railroad and extending toward the county line on the north and west. The ownership pattern is part of a broader Nevada land-grant history tied to railroad development, in which alternating sections of land were granted to railroads, while the remaining sections remained under federal ownership. 

The term “checkerboard” refers to the patchwork pattern of land ownership common in parts of the West, which complicates management, access, development, and long-term planning. In Churchill County, the federal law directs the Secretary of the Interior, in consultation with the county and local landowners and after allowing public comment, to seek consolidation of federal and non-federal land ownership. 

The agreement approved by commissioners does not approve any specific land exchange. Instead, it creates the framework for the county, BLM, and Reclamation to work together as the plan is developed. BLM is designated as the lead federal agency and will retain decision-making authority over matters within its jurisdiction, including the plan's preparation, quality, and content.

Churchill County will participate as a cooperating agency. Under the MOU, the county may provide local information on land ownership, zoning, legal requirements, the county master plan, and other planning policies. The county will also be involved in identifying issues and concerns, reviewing draft documents, and participating in the joint selection process for potential land exchanges and consolidations. 

The Bureau of Reclamation will also participate because some lands and facilities in the affected area fall under Reclamation’s interests, including Newlands Project facilities and floodplain-related information. Reclamation is also responsible for completing its own review under Section 106 of the National Historic Preservation Act, while BLM will complete the Section 106 process for lands under its jurisdiction. 

Section 2908 allows the Interior Department to offer appropriate federal land in Churchill County for exchange with private land that is adjacent to federal land, if the exchange would consolidate ownership and improve land management. The agreement was negotiated during the FRTC process as part of a larger economic development strategy to potentially benefit the county in trade for land lost to the expansion of the range boundaries. 

Federal land eligible for exchange must be identified as potentially suitable for disposal in an applicable resource management plan and managed by either BLM or Reclamation. 

The law requires land exchanged under the section to be of equal value. It also allows the Secretary of the Interior to use mass appraisals when the land involved is similar in character and value. However, any land likely to exceed $250 per acre must be excluded from a mass appraisal, and the results of any mass appraisal must be made available to the public. 

The final 2023 NDAA language does not appear to specify the number of acres that may be involved in the Churchill County checkerboard resolution. Earlier versions and public discussions of the lands package referenced approximately 50,000 acres for checkerboard resolution, but that number is not included in the final Section 2908 language. 

The MOU lists no fiscal impact to Churchill County from approval of the agreement. However, the document notes that county participation will depend on available staff time and funding. 

One section of the agreement says the parties will maintain confidentiality during the drafting process until the approved plan is released to the public. It also states that records requests must still be handled under applicable laws, including the federal Freedom of Information Act, the Nevada Public Records Act and the Privacy Act. 

The agreement will remain in effect until the plan is signed and implemented unless it is amended or terminated earlier by one of the parties. Commissioners’ approval moves the county into the formal planning process, but any future land exchanges, public review periods or final parcel decisions would come later.