[Congressional Record Volume 149, Number 27 (Thursday, February 13, 2003)]
[Extensions of Remarks]
[Pages E219-E220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               COOPERATIVE LANDSCAPE CONSERVATION PROGRAM

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, February 12, 2003

  Mr. UDALL of Colorado. Mr. Speaker, today I am again introducing a 
bill to authorize a program to help states, local governments, and 
private groups protect open space while enabling ranchers and other 
private landowners to continue to use their lands for agriculture and 
other traditional uses.
  The bill, entitled the ``Cooperative Landscape Conservation Act,'' is 
based on provisions that were previously passed by the House as part of 
the Conservation and Reinvestment Act (CARA) but on which the Senate 
did not complete action. It is also similar to a bill I introduced in 
the 107th Congress.
  I think the program that this bill would establish would be good for 
the entire country and it would be particularly important for Colorado.
  In Colorado, as in some other states, we have experienced rapid 
population growth. That brings with it rising land values and property 
taxes. This combination is putting ranchers and other landowners under 
increasing pressure to sell their lands for development. By selling 
conservation easements instead, they can lessen that pressure, capture 
much of the increased value of the land, and allow the land to continue 
to be used for traditional purposes.

[[Page E220]]

  That's why conservation easements are so important for our state. 
It's why the state and many local governments are interested in 
acquiring conservation easements on undeveloped lands. It is also why 
non-profit organizations like the Colorado Cattlemen's Agricultural 
Land Trust and the Nature Conservancy--to name just two of many--work 
to help ranchers and other property owners to make these arrangements 
and so avoid the need to sell agricultural lands to developers.
  I strongly support this approach. Of course, by itself it is not 
enough--it is still important for governments at all levels to acquire 
full ownership of land in appropriate cases. But in many other 
instances acquiring a conservation easement is more appropriate for 
conservation and other public purposes, more cost-effective for the 
taxpayers, and better for ranchers and other landowners who want to 
keep their lands in private ownership.
  But while it is usually less costly to acquire a conservation 
easement than to acquire full ownership, it is often not cheap--and in 
some critical cases can be more than a community or a nonprofit group 
can raise without some help. That is where my bill would come in.
  Under the bill, the Secretary of the Interior would be authorized to 
provide funds, on a 50 percent match basis, to supplement local 
resources available for acquiring a conservation easement. For that 
purpose, the bill would authorize appropriation of $100 million per 
year for each of the next 6 fiscal years--similar to the amount that 
would have been authorized by the CARA legislation that the House 
passed last year.
  The bill provides that the Secretary would give priority to helping 
acquire easements in areas--such as Colorado that are experiencing 
rapid population growth and where increasing land values are creating 
development pressures that threaten the traditional uses of private 
lands and the ability to maintain open space. Within those high-growth 
areas, priority would go to acquiring easements that would provide the 
greatest conservation benefits while maintaining the traditional uses--
whether agricultural or some other uses--of the lands involved.

  The bill would not involve any federal land acquisitions, and it 
would not involve any federal regulation of land uses--conservation 
easements acquired using these funds would be governed solely under 
state law.
  Mr. Speaker, the national government has primary responsibility for 
protecting the special parts of the federal lands and for managing 
those lands in ways that will maintain their resources and values--
including their undeveloped character--as a legacy for future 
generations. Regarding other lands, the challenge of responding to 
growth and sprawl is primarily the responsibility of the states and 
tribes, the local governments, and private organizations and groups--
but the federal government can help.
  This bill would provide help, in a practical and cost-effective way. 
For the information of our colleagues, I am attaching a summary of its 
main provisions.

          Digest of ``Cooperative Landscape Conservation Act''

       The bill is based on provisions included in the House-
     passed Conservation and Reinvestment Act (CARA) legislation 
     of the 106th Congress. It would provide federal financial 
     assistance to states, local governments, Indian tribes, and 
     private groups working to preserve open space by acquiring 
     conservation easements.
       Background: In Colorado and other rapidly-growing states, 
     rising land values and property taxes are putting farmers and 
     ranchers (and other landowners) under increasing pressure to 
     sell their lands for development. By selling conservation 
     easements instead, they can lessen that pressure, capture 
     much of the increased value of the land, and allow the land 
     to continue to be used for traditional purposes. The party 
     acquiring the conservation easement would have an enforceable 
     property right to prevent development.


                         What the Bill would Do

       Program--The bill would establish the ``Cooperative 
     Landscape Conservation Program,'' to be administered by the 
     Department of the Interior. The program would provide grants 
     to assist qualified recipients to acquire conservation 
     easements.
       Funding--Bill would authorize appropriations of $100 
     million/year for fiscal years 2002 through 2007. Funds would 
     be used for grants, would be on a 50%-50% matching basis, for 
     purchase of conservation easements on private lands in order 
     to provide wildlife, fisheries, open space, recreation, or 
     other public benefits consistent with the continuation of 
     traditional uses by the private landowners. Up to 10% of 
     annual funds could be used by Interior Department to provide 
     technical assistance.
       Priority--(1) Priority for grants would be to help acquire 
     easements in areas where rapid population growth and 
     increasing land values are creating development pressures 
     that threaten traditional uses of land and the ability to 
     maintain open space; (2) within those areas, priority would 
     go for acquiring easements that would provide the greatest 
     conservation benefits while maintaining traditional uses of 
     lands.
       Eligible Recipients--would be agencies of state or local 
     government, tribes, and tax-exempt organizations operated 
     principally for conservation.
       Enforcement--Only an entity eligible for a grant could hold 
     and enforce an easement acquired with program funds; at time 
     of application, state Attorney General would have to certify 
     that an easement would meet the requirements of state law.


                       What the Bill Would NOT Do

       Bill would NOT involve any federal land acquisition.
       Bill would NOT involve any federal regulation of land use.

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