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Exhibit A
While one can debate many of the details, the following principles, strategies
and values must be incorporated in any plan for it to be successful against
the goal sought to be achieved through S.2187:
- Hybrid land estate: We must recognize that our emphasis
on land being either public or private has been too simple and a real
part of the problem. A great deal of the required solution is coming
to understand that we need a greater emphasis on the creation of a larger
hybrid land estate throughout America that can achieve our conservation
needs and in many instances connect our fully public land to our fully
private and enhance them both. This hybrid land estate must remain privately
owned and managed, but simultaneously must also be burdened with the
loss of certain development rights that the public has acquired voluntarily
from the owner at fair market value and holds in perpetuity for the
benefit of all of us. These hybrid lands, while staying in private ownership
and supporting private purposes, would also serve the public and its
collective needs by protecting our water, cleaning the air, conserving
habitat for our natural species, maintaining our farm and ranch lands
and by offering "green" space to all of us. Fortunately, we
have a 25-year history of working with conservation easements, which
is the legal tool that creates this hybrid estate. Funding conservation
easements must therefore be at the center of any such program.
- Leveraged Focus: The program's focus must be sharp and it
must. be on reinvesting in, and thereby strengthening, our natural estate.
The use of conservation easements would allow us to acquire from the
landowner only that portion of the real estate necessary to accomplish
our goals. Use of conservation easements would therefore offer the substantial
advantage of allowing us to accomplish a great deal more conservation
than we would with equivalent dollars expended for the full acquisition
of the property. This strategy would also allow us to avoid the on-going
costs associated with managing and operating the property [1].
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[1] This is more succinctly stated in the report published by the Western
Governors' Association, The Trust for Public Land, and National Cattlemen's
Beef Association, entitled "Purchase of Development Rights: Conserving
Lands, Preserving Western Livelihoods", January, 2001: "[Purchase
of development rights through conservation easements] makes economic sense
in the West: it is a compensatory approach to conservation that protects
land from development pressure at prices that are more affordable for
the public than outright purchase, and it helps keep farmers and ranchers
on the land, providing essential stewardship and contributing to the tax
base." (Page 5) and "The dire need to create substantial, dedicated
funding sources for state and local [Purchase of Development Rights] programs
can hardly be overstated." (page 12)
- State Involvement: Every state must be involved and incented
to participate in this program. While a portion of this reflects that
every state has environmental stresses that must be addressed, this
also recognizes that environmental systems, such as rivers, prairies,
forests, and all of the species that they support, do not know state
lines. To be successful over time, and to protect our overall investment,
we must therefore have every state moving in a similar direction.
- Partnerships: We must recognize that the most effective conservation
has been the result of public/private partnerships and therefore any
plan must put their creation at its center. Congress must set the strategic
direction and must set both the importance and pace of the program by
the amount of capital that it allocates to it; the states must be involved
in coordinating the activities at their level and in helping to set
local priorities; and the private sector must lead the execution. As
part of this, we must understand and appreciate that conservation easements
are bought and sold one family landowner at a time. The best and most
expeditious way to negotiate and close those transactions will be to
leverage the existing resources of the nonprofit conservation community,
including the community leaders across America that serve on their board
of directors. The nonprofit land conservation organizations therefore
must also be at the center of any such plan.
- Use and scale of capital: Use of capital under this program
should be limited to the costs of acquiring and supporting conservation
easements. By doing so, Congress would be putting specific restrictions
on the use of the capital in accordance with existing law that happens
to be consistent with our program's objectives. The scale of the capital
should reflect the deep needs of our country but should also be calibrated
between what is possible to execute as well as what is needed to unlock
the focus, imagination and energy of the most people to respond to this
challenge.
- Urgency: The dollars should be allocated to states pursuant
to specific deadlines and, if the money is not spent within those deadlines,
it should be redistributed to those parts of our country with more pressing
needs and that also have the immediate capacity and desire to execute.
- Equity: We must recognize that the conservation and restoration
of our. natural estate is everyone's responsibility. Paying for it rather
than simply accomplishing it through regulation or relying on the generosity
of the few reflects this value. We should certainly keep our current
donation system in place and encourage its generous use. But by creating
a system that is based on acquisitions of conservation easements at
fair market value, we can move to a program that not only allows everyone
to participate, but also allows us to negotiate for clearer results,
act more strategically, and establish our own pace of execution: all
critically important to the success of our effort.
- Tax credits: To be successful, we must get as many people
involved in America as possible. The best way to achieve this is not
through direct appropriations, which is a process involving relatively
few people, but instead to use tax credits, which is a process that
ultimately includes a lot of people. A program based on tax credits
will invite and incent those organizations that wish to deploy the credits
to get more individuals and businesses involved in these issues and
their solutions. This will require a process of education and engagement
that will result in much more attention, understanding, and commitment
to the resolution of these issues. It will also allow us to move at
the much quicker response pace that our natural estate crisis requires.
- Strategic conservation: Because of the way in which we have
financed a great deal of conservation in this nation, much of it has
been done opportunistically as distinct from strategically. What this
means by example is that we have acquired a site here and there as they
have become available or as someone has been able to afford to give
them, but collectively they do not necessarily support or maintain an
ecosystem. In those instances, not only do they not fully accomplish
a natural estate goal, but by failing to do so they devalue, in some
instances, the investment or gift that has been made. The system that
we establish must allow us to move to strategic conservation. By allocating
a set amount on an annual basis on a state-by-state basis with appropriate
sunset provisions, we would allow and incent states and landowners to
respond strategically to these issues.
S.2187 prescribes a plan that reflects each of the nine values, strategies,
and principles stated above. It is entirely centered on conservation easements;
dollars are allocated to every state on a fair basis which assures the
participation of every state; it puts a non-profit conservation organization
at the center of the plan, but in the context of a direct working partnership
with federal and state government; the capital that it allocates may only
be used for the acquisition and requirements of conservation easements;
it proposes a spending level that scales to the need as well as communicates
the importance of the need; there are specific deadlines that will motivate
states and land owners alike; it allows each of us to participate in the
conservation and restoration of our natural estate; it is centered on
tax credits rather than direct appropriations; and it will allow strategic
conservation planning and execution. |










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