A significant portion of North America's remaining valuable wetland complexes exists on public lands. Between 1950 and 1985, more than 450,000 acres of wetlands were converted each year. Today, 74% of the remaining wetlands are on private lands and are vulnerable to destruction.
A significant portion of North America's remaining valuable wetland complexes exists on public lands. Between 1950 and 1985, more than 450,000 acres of wetlands were converted each year. Today, 74% of the remaining wetlands are on private lands and are vulnerable to destruction.
A significant portion of North America's remaining valuable wetland complexes exists on public lands. Between 1950 and 1985, more than 450,000 acres of wetlands were converted each year. Today, 74% of the remaining wetlands are on private lands and are vulnerable to destruction.
Legal Incentives for Waterfowl Management on Private Lands
Richard D. Schultz In recent years, public and private conserva-
U.S. Fish and Wildlife Service tion organizations have initiated programs de- Federal Building, Fort Snelling signed to provide economic incentives for wildlife Twin Cities, MN 55111 management on private lands. Other programs, whose primary objectives are other than waterfowl management, also improve and preserve waterfowl Introduction habitat on private lands. These programs range from tax incentives and wetland easements to di- Waterfowl management on public lands in the rect financial assistance to landowners. In this United States began about 1870 with the estab- chapter, legal and economic incentives for water- lishment of Lake Merritt, a State-owned refuge fowl management on private lands are summarized near Oakland, California. In 1924 the United under the following categories: Federal programs, States established the Upper Mississippi River State and local programs, and private conservation Wild Life and Fish Refuge, a complex of waterfowl organization programs. habitats extending from Wabasha, Minnesota, to In most instances, government programs and Rock Island, Illinois. Over the next 50 years, more those of private conservation organizations comple- than 80 million acres of county, State, and Federal ment one another and often provide the private lands were acquired across the United States to landowner many alternatives from which to choose. provide waterfowl production, migration, and win- Likewise, governmental and private organizations tering habitats. Because of these early (and con- have recently expressed a strong desire to form tinuing) efforts, a significant portion of North partnerships to better manage waterfowl. This is America’s remaining valuable wetland complexes one of the most important concepts in the North exists on public lands. American Waterfowl Management Plan. No single Despite the success of governments in acquir- entity has the capability to address the waterfowl ing, restoring, and managing public lands for water- needs of the future through unrelated and inde- fowl and other species, many wildlife populations pendent actions. Through combined efforts, how- have declined to the lowest levels ever recorded. ever, we have a much better chance to achieve This is due, in part, to the historic and ongoing con- waterfowl management objectives. version of important wetlands and grasslands to The major purpose of this chapter is to discuss croplands. Between 1950 and 1985 it is estimated an array of economic and legal incentives for water- that more than 450,000 acres of wetlands were con- fowl management, although it is not a complete verted each year; at least 87% of those conversions list. I am hopeful that the information contained were for agricultural purposes. Today, 74% of the here will stimulate the reader to investigate spe- remaining wetlands are on private lands and are cific programs that are available for waterfowl man- vulnerable to destruction. agement on private lands at the local level.
Fish and Wildlife Leaflet 13.4.2. • 1990 1
Federal Programs Water Bank Program Wetlands and adjacent uplands in some States, One of the most significant pieces of legislation including some states in the prairie pothole region affecting natural resource management on private and the lower Mississippi valley, are eligible for en- lands was the Food Security Act (Farm Bill) of rollment in the Water Bank Program. This U.S. De- 1985. This legislation was unique in that it began partment of Agriculture program allows enrollment to integrate natural resource management with of wetlands and associated uplands into 10-year U.S. agricultural policy. Throughout the United contracts where the landowner receives annual pay- States, waterfowl production, migration, and win- ments. Land parcels are reviewed for their wildlife tering habitats are affected by the programs de- values; no more than 4 acres of upland for every signed to implement this legislation. The following acre of wetland can be enrolled in the program. is a discussion of these programs and other Federal Since its inception, the program has not been fully programs that encourage waterfowl management funded; hence, only limited funding is available for on private lands. enrollment of new lands. The Water Bank Program is administered by ASCS with technical assistance from the Soil Conservation Service. Conservation Reserve Program (CRP) One of the primary purposes of the CRP is to re- Acres Conservation Reserve (ACR) duce soil erosion by retiring highly erodible crop- lands from production. These retired croplands Programs provide excellent cover for upland-nesting water- Farmers participating in price support pro- fowl and other wildlife. Beginning in January 1989, grams (commonly known as set-aside programs) of CRP rules were modified to allow enrollment of cer- the U.S. Department of Agriculture have been re- tain wetlands into the program. With this change, quired to set aside a certain percentage of their private landowners were able to restore or enhance base acreage in most years. Conservation measures wetlands on their property, improving waterfowl are required to provide soil erosion protection, production and migration habitats. Wintering wa- water quality enhancement, wildlife production, terfowl habitat on private lands was also improved and natural beauty. Millions of acres of cropland through the restoration of bottomland hardwoods are retired each year as a result of this program. on qualifying CRP lands in the lower Mississippi Multiyear set-aside contracts have been avail- valley. able for program participants for program years Under the CRP, the Agricultural Stabilization 1986−90. Under these multiyear contracts, land- and Conservation Service (ASCS) had the author- owners may seed retired lands to permanent vege- ity to share up to 50% of the cost of establishing tative cover. Where this option has been used, conservation practices, including permanent vege- high-quality upland nesting cover for waterfowl tative cover, tree planting, wetland restoration and and other species has been established. However, enhancement, and other erosion control practices. multi-year set-aside is rarely used and relatively In many areas, private conservation organizations few acres are established in permanent cover. and State and Federal agencies will assume all or The next logical step in this program is to pro- part of the landowner’s cost for the restoration of mote the enrollment of restorable wetlands into an- wetlands on CRP lands. nual and multiyear set-aside contracts throughout the United States. If this occurs, additional finan- cial incentives for the landowner would likely be- Agricultural Conservation Program (ACP) come available from other government agencies Through the ACP, cost-sharing up to 75% is and private conservation organizations. available for private landowners willing to under- take conservation practices such as restoring Stewardship 2000: Partners for Wildlife on drained wetlands or creating new ones. Unlike Private Lands CRP, however, annual land rental payments are not paid to landowners under this program. The Recently, the U.S. Fish and Wildlife Service in- ACP is administered by the ASCS. Technical assis- itiated Stewardship 2000, a program that will im- tance for the ACP is provided by the Soil Conserva- prove wildlife habitat on private lands. This tion Service. program is designed to complement, and not com-
2 Fish and Wildlife Leaflet 13.4.2. • 1990
pete with, similar programs administered by other The conservation easements must be enforceable agencies and organizations. Stewardship 2000 will and perpetual, and they must be donated exclu- concentrate on wetlands and their associated fish sively for conservation purposes to units of govern- and wildlife values. The restoration of wetlands on ment or tax-exempt private entities. Additional CRP lands has been expanded through this new information concerning tax incentives for water- program to include wetland restoration on other fowl management on private lands can be obtained private lands as well. Other improvements to wa- from a qualified tax preparer. terfowl habitats have been completed through de- ferred haying and grazing, creation of waterfowl nesting structures, and in some instances, construc- State and Local Programs tion of waterfowl nesting islands. In the lower Mississippi valley, Stewardship Many programs that improve waterfowl man- 2000 has increased and improved waterfowl winter- agement on private lands are administered by ing habitat. Under this program, the U.S. Fish and State and local governments. These programs in- Wildlife Service enters into annual lease agree- clude short-term and perpetual land-retirement ments with landowners for flooding of harvested programs, property tax incentives, and direct finan- rice paddies and for the establishment of bottom- cial assistance to private landowners. Examples of land hardwoods. Additional information about these programs are discussed below. these private lands management programs can be obtained from the nearest U.S. Fish and Wildlife Reinvest in Minnesota (RIM) Service field office. In 1986 the Minnesota State legislature passed innovative legislation known as the Reinvest in Small Wetlands Acquisition Program Minnesota Resources Act of 1986. The purpose of this act is to retire marginal cropland from produc- Under this program, administered by the U.S. tion through the use of conservation easements. In Fish and Wildlife Service, high-quality waterfowl most instances, the program consists of perpetual production habitat in the prairie pothole region is easements, in which a lump-sum payment equal to purchased outright or by perpetual easements. Ex- 70% of the average market value of the agricul- isting and restorable wetlands are eligible for these tural land is made to the landowner. Both restor- programs. Under the easement program, the land- able wetlands and highly erodible croplands are owner retains all property rights except the right to eligible for the program. Perennial vegetative cover burn, drain, fill, or level-ditch the wetlands in ques- must be established on the uplands to reduce soil tion. Basically, the easement is designed to protect erosion, improve water quality, and improve fish the wetland in perpetuity. Landowners in the prai- and wildlife habitat. The program is administered rie pothole region who are interested in selling by the Minnesota Board of Water and Soil Re- their property in fee simple or in selling a water- sources and the Minnesota Department of Natural fowl production easement should contact the near- Resources. est U.S. Fish and Wildlife Service office.
Critical Habitat Matching Program
Federal Income Tax Incentives As part of the RIM program, private land- Expenses for many conservation practices un- owners and individuals may contribute cash, land, dertaken by private landowners are tax-deductible. easements, or pledges for acquisition or develop- Conservation practices designed to reduce soil ero- ment of wildlife habitat. All contributions are tax- sion and improve water quality qualify, and ex- deductible and are matched, dollar for dollar, by penses related to the restoration of wetlands for State-appropriated funds. water quality and wildlife purposes are typically Donated land is appraised at market value. If tax-deductible. Landowners who lease their prop- lands qualify, they are managed as a wildlife man- erty to others for hunting or similar purposes may agement area, scientific and natural area, fisheries qualify for investment-credit tax treatment for area, or other appropriate State unit. Donated those conservation practices that benefit both rec- lands that do not qualify as critical habitat are reational activities and wildlife. sold, and the proceeds are deposited into the Criti- Gifts of conservation easements made to chari- cal Habitat Matching Account. Private landowners table organizations may qualify for tax deductions. and others interested in participating in this pro-
Fish and Wildlife Leaflet 13.4.2. • 1990 3
gram should contact the Minnesota Department of ration of drained wetlands and enhancement of ex- Natural Resources. isting wetlands are projects eligible for this pro- gram, depending on flood control benefits. Private State Private Lands Management landowners located in watersheds for which a need exists to improve water quality or control flood wa- Programs ters should contact their local Soil and Water Con- Many State natural resource departments have servation District for additional information. developed wildlife management programs for pri- vate lands. State biologists are often available to provide landowners with technical assistance in Private Conservation Organization the development of their lands for waterfowl and other wildlife species. These biologists frequently Programs serve as "brokers" and are also familiar with pro- In recent years, private conservation organiza- grams of other agencies that may meet the objec- tions have been instrumental in promoting wildlife tives of the individual landowner. In some habitat improvement projects on private lands. Sev- instances, these State-administered programs pro- eral of these organizations are national or interna- vide cost-sharing assistance to help finance wildlife tional in scope, while others are regional or local. management projects. Collectively, these conservation organizations are a great source of financial and technical assistance State Tax Credit and Exemption Programs for the private landowner who wishes to improve lands for waterfowl. Several States have statutes that provide prop- erty tax relief for those landowners who are inter- ested in preserving habitat that can benefit Ducks Unlimited—U.S. Habitat Program waterfowl and other wildlife resources. In the Mid- Since 1983 Ducks Unlimited has financed the west, for example, Iowa, North Dakota, and Minne- improvement of waterfowl habitat in several States sota exempt certain wetlands from taxation. of the upper Midwest. Most of these projects were Additional information about these programs can on public lands. Recently, however, Ducks Unlim- be obtained from county tax assessors. ited has expanded its program and assists in wet- land restoration projects on private lands, Indiana Classified Wildlife Habitat Act including those lands enrolled in the Conservation Reserve Program. In cooperation with the U.S. The purpose of this legislation, passed in 1979, Fish and Wildlife Service, Ducks Unlimited has as- is to reduce habitat loss by encouraging land- sisted in restoring several hundred wetlands in owners to develop or save existing wildlife habitat. North Dakota and western Minnesota. The incentives for landowner participation are a re- duction of the assessed value of classified lands to $1 per acre for tax purposes, and free technical ad- Ducks Unlimited Canada—Prairie Care vice and assistance from the Indiana Division of Program Fish and Wildlife. Lands eligible for this program Beginning in June 1989, farmers in selected ar- include grasslands, shrublands, and wetlands. The eas of Canada’s prairie Provinces were offered in- owner of the classified wildlife habitat does not re- centives and technical assistance to adopt linquish ownership or control of the property. conservation land-management practices or to con- vert marginal croplands to pastures or hayland. An- Minnesota State Cost-share Program nual rental payments are also used to maintain grass cover for several years. Additional informa- The Minnesota Board of Water and Soil Re- tion about this program can be obtained from sources offers cost-share assistance to local Soil Ducks Unlimited Canada, 1190 Waverly Street, and Water Conservation Districts for construction Winnipeg, Manitoba R3T 2E2. costs of water quality projects. Frequently, these projects identify the need to restore wetlands and retire highly erodible croplands on private lands. Pheasants Forever Likewise, Watershed Management Districts, par- Activities undertaken by Pheasants Forever in- ticularly in western Minnesota, have contributed clude the restoration of upland nesting and winter- cost-share grants for flood control purposes. Resto- ing cover for pheasants. Many Pheasants Forever
4 Fish and Wildlife Leaflet 13.4.2. • 1990
projects also improve habitat for waterfowl; particu- Local Hunting, Fishing, and Conservation larly where the organization finances the restora- Clubs tion of wetlands that provide excellent winter cover for pheasants in the upper Midwest. Local chapters Local hunting, fishing, and conservation organi- zations are willing to assist private landowners also purchase or lease lands containing valuable with waterfowl habitat improvement projects. habitats. Members of Pheasants Forever also work Many of these organizations have substantial finan- with private landowners, other private organiza- cial resources that are often dedicated to wildlife tions, and government agencies to improve wildlife habitat improvement projects on both public and habitat. private lands.
The Nature Conservancy
Summary The Nature Conservancy is an international or- As indicated by the previous examples, a num- ganization, organized in the United States by State ber of incentives exist for private landowners chapters; its purpose is to preserve rare and endan- within certain areas to improve waterfowl manage- gered plant and animal communities through land ment on their lands. Additional programs exist in purchases and the acquisition of conservation ease- Canada. Land managers and landowners inter- ments. The Nature Conservancy also assists gov- ested in using these programs are encouraged to fa- ernments and other conservation organizations miliarize themselves with programs in their area. with land acquisitions, manages a worldwide sys- If no incentives exist for wildlife habitat protection tem of nature preserves, and promotes legislation of private lands, those interested are urged to pro- for the protection of ecological diversity. mote the implementation of such programs through their local, State, and Federal govern- ments. This participation is critical as we approach Wetlands for Iowa the next century, where the future of waterfowl in North America will depend on innovative programs The Iowa Natural Heritage Foundation is a to encourage resource conservation on private nonprofit organization whose purpose is to restore lands. and preserve important resources within the State of Iowa. One such program is Wetlands for Iowa, which is designed to preserve existing wetlands Suggested Reading and restore others. These wetlands may exist on private lands, and conservation easements can be Henderson, F. R. 1984. Guidelines for increasing wildlife acquired for their continued protection. on farms and ranches. Kansas State University Cooperative Extension Service, Manhattan. 572 pp. Messmer, T. 1989. North Dakota wildlife conservation State Waterfowl Associations programs. North Dakota State University Extension Service, Fargo. Pub. WL-942 revised. 16 pp. These organizations assist in the restoration of Steward, D., D. DeFrates, and K. Peper. 1988. wetlands located on CRP or public lands. Water- Nonregulatory wetland protection options. Minnesota Board of Water and Soil Resources, St. fowl associations and private duck-hunting clubs Paul. 17 pp. also purchase high-quality waterfowl habitat in fee Ward, J. R., F. K. Benfield, and A. E. Kinsinger. 1989. title or protect important habitat through acquisi- Reaping the revenue code. Natural Resources tion of perpetual conservation easements. Defense Council, New York. 142 pp.