Flathead Lakers


P.O Box 70 							 Flathead Lakers:  Working for
Polson, MT 59B60 						 clean water, a healthy eco-
406-883-1346 						 system, and lasting quality of
Fax: 406-883-1357					 	 life in the Flathead Watershed
www.flatheadlakers.org
lakers@flatheadlakers.org
 

Robin Heard, Director 
Easements Program Division				RECEIVED MAR 10, 2009
Natural Resources Conservation Service 
Wetlands Reserve Program Comments 
P.O. 2890, Room 6819-S, 
Washington, DC 20013
 
Re: Proposed rules for the Wetlands Reserve Program, 7 CFR Part 1467, RlN 0578-AA47, identified by Docket Number NRCS-~IFR-08013, 

March 3, 2009 

Dear Robin Heard:
 
Thank you for the opportunity to comment on the Wetlands Reserve Program (WRP) interim rules proposed in the 2008 Farm Bill.
 
The Flathead Lakers is a nonprofit, grassroots organization. Our organization was founded in 1958 and currently has over 1,800 members. We work to protect water quality in Flathead Lake and its watershed in Northwest Montana through education, advocacy and stewardship programs.

In late 1999, we brought together resource managers from local, state, federal and tribal agencies, scientists and land conservation organizations to discuss the potential impacts on water quality and related resources of growth and development in the Flathead Watershed. The result was the initiation of a collaborative effort to identify and protect priority lands that are critical for maintaining clean water in Flathead Lake and its tributaries and protecting associated fish and wildlife habitat, scenery and recreation opportunities. We are working with a diverse partnership of natural resources agencies and conservation organizations to inform landowners about NRCS conservation programs, such as the WRP, to help them protect and restore riparian corridors and wetlands. We work together to implement conservation projects in priority areas that connect with existing protected areas.
 
We currently have a number of projects where the WRP could be a valuable tool for protecting a large complex of wetlands and associated uplands at the north shore of Flathead Lake. Please accept our following comments on the proposed WRP rules: 

1) The new rule requires ownership of the land for seven years under the easement enrollment option. Previously, the ownership requirement was for 12 months. While this new rule may be appropriate under many circumstances, it also creates barriers to conservation of significant wetlands when a property is at risk of development. Conservation partners are currently hoping to prevent intensive development in and around significant wetlands by providing alternative conservation options to landowners, including land acquisition, conservation easements, and wetland restoration. WRP funding of these projects would be precluded by the seven year ownership requirements.

We recommend that the exceptions to this requirement be expanded to allow landowners who have owned the land for less than seven years to apply for WRP funding if they are working with conservation organizations and/or natural resource conservation agencies to achieve wetland conservation or restoration. 

2) The new rule states that "eligible land may be excluded from enrollment if the adjacent land is needed for successful restoration of the property and the adjacent landowner, though willing to participate, is ineligible to participate."
 
We recommend that an exception be made to allow enrollment if the adjacent landowner(s) is working with other parties, including conservation organizations and/or natural resource conservation agencies, to achieve wetland conservation or restoration through conservation easements and/or restoration funded by other programs or opportunities.
 
3) The new rules propose "base easement compensation on the lowest of three values: The fair market value of the land determined through either an appraisal or market analysis; a geographic cap; or the landowner offer." 

This rule creates a particular barrier to wetland conservation in the Flathead Watershed where land values, including values of wetland areas, are high. Many of these wetlands are ecologically significant and provide important migratory bird and wildlife habitat. Wetlands are often considered an amenity; thus, properties for sale that include wetlands may be priced or appraise at above the average real estate values in this region. Yet, residential and commercial development can degrade wetlands and surrounding uplands. The value cap included for WRP easements would likely preclude NRCS from conserving ecologically significant wetlands in this area. 

We recommend that NRCS eliminate the value cap for WRP easements and instead allow projects to be submitted using qualified conservation easement appraisals or offer from the landowner.  Projects should be assessed based on their ecological values, land appraisal and conservation easement values for the specific region, and a cost benefit ratio in comparison to other projects in that region.

Thank you for the opportunity to comment. We look forward to working with NRCS to provide opportunities for landowners to conserve and restore ecologically significant wetland areas. 

Sincerely,

Constanza von der Pahlen 
Critical Lands Program Director,
Flathead Lakers