E&E Daily: House bill aims to make federal easement dollars go further

By Phil Taylor
May 8, 2014
E&E Daily

House lawmakers late last week introduced a bill designed to increase philanthropic support for forest conservation and ease the administrative burden for states.

The bill by Reps. Chris Gibson (R-N.Y.) and John Garamendi (D-Calif.) would allow qualified nonprofit land trusts to hold and manage easements that preserve private forests under the Forest Legacy Program.

Currently, only government entities — primarily states and the federal government — are allowed to hold conservation easements under the program.

That requirement can sometimes deter landowners from agreeing to conserve their lands as well as donors who would prefer that conservation easements be held by nongovernment groups, bill proponents argue. It also places burdens on states to administer the easements and meet regularly with landowners to ensure compliance. In many cases, private land trusts are better suited to the task, bill supporters said.

“Qualified independent stewardship can save taxpayers money while often offering better management, particularly in lean budget years,” said a statement this week by Garamendi, who served as Interior deputy secretary during the Clinton administration.

Garamendi last June offered similar legislation as an amendment to the House farm bill, but it was narrowly defeated, 206-219. While the vote was roughly along party lines, 29 Republicans supported the measure.

This week, nearly 50 conservation groups, land trusts and forest owners wrote a letter to Agriculture Chairman Frank Lucas (R-Okla.) and ranking member Collin Peterson (D-Minn.) urging support of H.R. 4551, calling it a “minor, no-cost change” to Forest Legacy.

They argued that the other federal-private conservation programs, including the Natural Resources Conservation Service’s Agricultural Lands Easement Program and the North American Wetlands Conservation Act, already allow third parties to manage easements, achieving cost savings and increasing participation.

Forest Legacy is funded by the Land and Water Conservation Fund and enjoys bipartisan support in Congress (Greenwire, April 21). Unlike other aspects of LWCF, Forest Legacy does not add lands to the federal estate. At least 25 percent of the federal funds must be matched by outside sources.

Laurie Wayburn, president of the Pacific Forest Trust, said nonprofit groups already play an integral role in identifying, developing and negotiating conservation easement projects for Forest Legacy. The bill would simply allow states to choose whether nonprofits can hold the easements, too.

It would also spur more private philanthropy at a time when federal conservation funding has been stagnant, she said. Forest Legacy received about $50 million this year.

Wayburn said bill supporters had too little time to educate lawmakers ahead of last summer’s farm bill vote. Those who were unfamiliar with the measure may have opposed it out of precaution, she said.

Matthew Kravitz, a spokesman for Garamendi, said the congressmen’s offices have discussed the measure with other members since last year’s vote and also consulted with the House Agriculture Committee in developing the bill.

Wayburn said proponents are working with Sen. Jeff Merkley (D-Ore.) on a Senate companion bill.

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