EXTENSIONS OF REMARKS 5400 April 3 , 2001

Mr. UDALL of Colorado. Mr. Speaker, today I am 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 passed by the House last year as part of the Conservation and Reinvestment Act (‘‘CARA’’) but on which the Senate did not complete action. 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 are experiencing 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 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. 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 government 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. I also am attaching a recent article from the DENVER POST about how the Larimer Land Trust has helped ranchers near Buckeye, Colorado to assure that their lands, with their resources of habitat for a wide variety of wildlife and many geographic and cultural treasures, will remain undeveloped and will continued to be used for grazing and other agricultural uses. I think this article shows the importance of the program that would be established by the bill. DIGEST OF ‘‘COOPERATIVE LANDSCAPE CONSERVATION ACT’’ The bill is based on provision included in the House-passed Conservation and Reinvestment Act (CARA) legislation of the 106th Congress. It would provide federal financial assistance to states, local government, 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 percent-50 percent 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 percent 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. Eligibility 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.