Private land conservation easements benefit national forest wildlife

In 2009, the owner of a golf course in Georgia donated a conservation easement to a non-profit land trust.  The easement included roughly 57 acres of primarily bottomland forests and wetlands along the Savannah River that would not be developed.  That land is directly across the river from the Sumter National Forest, 700 feet away.

To obtain a tax deduction for the conservation easement, it has to be “exclusively for conservation purposes” based on one or more of the criteria in the Internal Revenue Code.  They include:

(ii) the protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,

(iii) the preservation of open space (including farmland and forest land) where such preservation is–

(I) for the scenic enjoyment of the general public, or

(II) pursuant to a clearly delineated Federal, State, or local governmental conservation policy,

and will yield a significant public benefit,

These issues were recently litigated by the IRS for this easement in the 11th Circuit Court of Appeals, which found the donation to be eligible as both habitat (ii) and scenic open space (iii)(I).  IRS Treasury Regulations elaborate on these requirements with regard to habitat by including “natural areas which are included in, or which contribute to, the ecological viability of a local, state, or national park, nature preserve, wildlife refuge, wilderness area, or other similar conservation area.”  However, the court accepted expert testimony from the IRS that the easement did not support the forest’s ecological viability.

There is no mention of testimony from the Forest Service. The 2012 Planning Rule stresses that, planning for ecological integrity must take into account “conditions in the broader landscape that may influence the sustainability of resources and ecosystems within the plan area” (36 CFR §219.8(a)(1)(iii)).  In addition, where a national forest plan area can not maintain a viable population of a species of conservation concern, “the responsible official shall coordinate to the extent practicable with other Federal, State, Tribal, and private land managers having management authority over lands relevant to that population” (36 CFR §219.9(b)(2)(ii))).

The also court determined, regarding open space (iii)(II), that, “There is no qualifying federal, state, or local government conservation policy that applies to this land…” In fact, the Forest Service Open Space Conservation Strategy includes this vision: “Private and public open spaces will complement each other across the landscape to provide ecosystem services, wildlife habitat, recreation opportunities, and sustainable products.”

In this case, private land adjacent to a national forest was conserved, but there is no evidence that the Forest Service was even paying attention.  The Forest Service needs to be more alert to these opportunities that would benefit national forest resources as well as contribute to greater national conservation needs.  Maybe if the Forest Service promoted its conservation policies better, they would facilitate more donated easements and protect more habitat for wildlife species that also use national forests.

Along somewhat the same lines, conservationists in Florida are striving to conserve the Ocala to Osceola Wildlife Conservation Corridor, which would connect the two national forests of those names across 50 miles of multiple other ownerships (including a military base).  Here is a presentation by the U. S. Natural Resources Conservation Service, which uses funding from the federal Farm Bill Resource Conservation Partnership Program to purchase conservation easements and create wildlife habitat on private lands within the corridor.  (This is the kind of “governmental conservation policy” that should also support federal tax deductions for donated conservation easements.)

The federally endangered red-cockaded woodpecker is an excellent example of a species that the Forest Service needs to coordinate management with others for, and here’s a bit of the success story about that in the O2O Corridor.

A red-cockaded woodpecker (RCW) captured at Camp Blanding in Clay County is evidence that a project led by North Florida Land Trust to preserve land within the Ocala to Osceola (O2O) wildlife corridor is working.  The bird captured at Camp Blanding was the first time this endangered species had moved between one of the national forests and the military installation since they began banding and recording the birds over 25 years ago.

“USDA Forest Service” is listed as a “partner” by NRCS, and the “National Forest Service” by the North Florida Land Trust.  The latter gives me a sense of how deeply the Forest Service has not been involved, and I sure can’t find anything about this effort on either national forest website or using a national search.  It’s too bad the Forest Service isn’t providing more leadership (and getting more of the credit) for conserving its important wildlife resources.

Post-Election Thoughts About Our Forests?

With a new Republican President and a Republican-controlled Congress, how will this affect the Forest Service and the BLM?

crown-fire-panorama-web

Regarding the picture: I did some processing with a High Dynamic Range (HDR) program to get this artsy view. It is interesting that it enhanced the flames better than in the original scan, from a Kodachrome slide. I shot this while filling in on an engine, on the Lassen NF, back in 1988.

“How to Respond to Criticism” by Fred Kofman

verbal aikidoNow, I am not a particular fan of Linkedin. It seems like it’s always on the edge of virus-like behavior, and doing unwanted things. At one point I must have clicked the wrong key and it sent messages inviting everyone I knew and also that of my husband. I got so mad at them I quit and closed my accounts. However, because SAF has a group there full of interesting material for this blog, I decided to rejoin it.

I was surprised yesterday to find something timely and useful pop up from Linkedin. It could also be because the other groups I belong to are the National Council for Dialogue and Deliberation and the U.S. Institute for Environmental Conflict Resolution, or perhaps a direct message from the Universe.

Of course, whether these two pieces are worth the loss of privacy is not exactly clear. I hope that you don’t need to be on Linked In to read these pieces.. they are by a fellow named Fred Kofman entitled “How to Respond to Criticism” parts 1 and 2. Here is the “linked in” link to part one..and below is an excerpt.

The only way to win a fight with a colleague is not to have it. Beating him will get you, at best, a defeated resentful opponent.

Here are four general strategies that reduce conflicts. They don’t guarantee you will avoid them, but minimize their probability.

Should they happen, they increase your odds of resolving them constructively. They create a positive predisposition towards collaborative relationships.

If you face an arrogant attack, they will help expose its irrationality, not only to you, but also to others who might frown upon your critic’s strong-arm tactics. If you face constructive criticism, they will help you and your critic turn the fight into a dance.

These strategies are not “nice” in the sense that they allow anybody to state whatever opinion they want. They are “clarifying” in the sense they eliminate the fog of war that prevents rational discussion. They are rules of engagement similar to the ones of the scientific method, which focus on reason and evidence. They take hostility out of the equation, allowing for a logical consideration of the different points of view.

* Speak with humility. Present your argument in safe language, as I described here. Own your opinions. Present them in first person as the conclusion of your reasoning process. This gives others the chance to present a different opinion without clashing with yours. For example, when you say, “In light of the evidence from the focus groups, I believe that the marketing campaign is ready to launch.” you make room for your counterpart to say, “I disagree. The focus groups may have liked the ads, but our retailers are not convinced.”

* Listen with respect. Pay attention to others’ arguments, as I described here, especially when you disagree with them. Reciprocity is the most powerful influence you can exert. If you genuinely try to understand their perspective, they are more likely to try to understand yours. For example, when you say, “It worries me that the retailers are not convinced, what do you suggest we do about it?” you neither discount his data nor yours. This allows both of you to examine all perspectives.

* Choose your battle. If the disagreement is a matter of personal preferences, there is no need to agree. It is futile to argue whether chocolate “tastes” better than strawberry. It may taste better to you, and it may taste worse to him. Unless a joint decision is necessary, it is best to agree to disagree. The desire to “be right” fuels fights that serve no practical purpose.

* Choose your battlefield. Culture can be defined as “the way we do things around here”. If you live in a culture where might makes right, your humility and respect will weaken you. Bullies will always win out in bully-land. Or at least until the group is eliminated by fitter competitors. Reason always beats force in the long term. If you don´t want to go the way of the dinosaurs, evolve to a more rational niche.

Here is a link to his second piece.

And we are pretty respectful here, generally, but once in a while some folks veer off track a bit..

R: “Do you think there is a place for dangerous language? I think the dangerous language comes across a lot stronger. It’s punchier and has a bigger impact. It’s like swearing, sometimes you want to have a bigger effect and therefore a swear word might be more appropriate.”

M: “When stakes are high, I find dangerous language dangerous. It comes, as you say, a lot stronger, like a punch with a big impact. I don´t know anybody who likes to get punched. If you want to hurt people, this is a great way to do it. If you want to collaborate with them, why would you want to intimidate them with swear words?”

R: “But sometimes (sometimes) it is perfectly normal to use more colorful language. Sometimes things ARE stupid, don’t you think?”

M: “No, I don´t think things ARE stupid. I think stupidity is in the eye of the (arrogant) beholder. I do believe that it is perfectly normal to use colorful language, and that is why it is perfectly normal for people to abuse each other, destroy relationships and waste energy in fruitless arguments. I also find it is perfectly normal for companies to collapse because arrogant bullies cannot work together.”

Here is a link to the author.

More Tempests in err… Teapots

This post is about this story in the Washington Times

I think this is worth talking about because there are risks to FS people saying things..even on their own “first-amendment protected” time. Still, I think it would be better for the public if more FS employees said more; both being unleashed by the Dept., and also using their own time. Yes, people will say embarrassing things but the ratio of embarrassing things to helpful perspectives is generally pretty low. And if there were a person who (at work) screwed up regularly, there are ways of dealing with that that we learned in management school. And if someone who is (on their own time) screwed up regularly, people might stop reading.

One thing is for sure, trying to control information in this day and age, is putting the genie back in the bottle.

You know, there is an old expression, to paraphrase “There but for the grace of Gaia go I”. We have all said things we regret. We all try to be more careful in public speaking and writing and on the internet because it can go anywhere and appears to live forever. It just heightens the importance of being “impeccable with your word.” But the very immediacy of the internet enables poor self-editing. Anyway, there is also an expression in my spiritual tradition about casting stones, and I am not without sin in this area, so I’m not going there.

Note: I think that the three questions in the column to the right on this blog are very helpful in self-editing.is it true? Is it helpful? Is it kind?