Leaving a Legacy

with Conservation Easements

What’s in it for You!

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Natural Resources Conservation Service

Bruce K. Wells

Assistant State Conservationist for Water Resources

Salina State Office

Conservation Easement

Definition

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A conservation easement is a restriction

placed on a piece of property to protect its

associated resources.

- Easement Programs have been around for 20+ years

in some cases

-Emergency Wetlands Reserve Program (EWRP)

-Wetlands Reserve Program (WRP)

-Emergency Watershed Protection

Program─Floodplain Easement (EWPP─FPE)

-Grassland Reserve Program (GRP)

-Farm and Ranch Lands Protection Program

(FRPP)

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Historical Perspective of NRCS

Easement Programs

- Interest in easements by private

landowners

- Has always been a voluntary program

- In 2003, FRPP easements and selected

GRP easements available for eligible

entity financial assistance

- NRCS holds easements for WRP and GRP

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Historical Perspective of NRCS

Easement Programs (cont.)

Easement Programs

• Farm and Ranch Lands Protection Program (FRPP), Grassland Reserve Program (GRP), and Wetlands Reserve Program (WRP) have been repealed

• Consolidated into Agricultural Conservation Easement Program (ACEP)

• States will continue to monitor and manage GRP and WRP easements

• Existing easement deeds remain valid

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Agricultural Conservation

Easement Program (ACEP)

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Farm and Ranch

Lands Protection

Program

Grassland

Reserve

Program

Wetlands

Reserve

Program

ACEP

• ACEP has 2 components

• Agricultural Land Easement Component (ALE)

• Eligible entities implement and hold easements

• Wetland Reserve Easement Component (WRE)

• NRCS implements and holds easements

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ACEP-ALEHelps farmers and ranchers keep their land in agriculture.

Protects grazing uses by conserving rangeland, pastureland, and shrub land.

Protecting Your Land

• Allows for agricultural uses of the property

• Establishes prohibited actions to the land

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Determining Easement Value

for ACEP-ALE

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Appraisal of the property

Before Appraised value

- After Appraised value

= Easement Value

Agricultural Land Easements

• Landowners need to work with a Land Trust

that can hold, monitor and enforce

conservation easements in Kansas.

• The Natural Resources Conservation Service

provides financial assistance to the Land

Trust to acquire the Conservation Easement

from the landowner.

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ACEP-WRE

Provides assistance to landowners to restore, protect, and enhance wetlands.

Determining Easement Value

for ACEP-WRE

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Lesser of:

-Appraised Fair Market Value

-Geographic Area Rate Cap

-Landowner Offer

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Warranty Easement Deed

• Title to the land

• Quiet enjoyment

• Control of access

• Undeveloped recreational uses

• Subsurface resources

• Water rights and water uses

• Reserved rights grazing

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Reserved Rights

Easement Boundaries

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Conservation Planning

• Agricultural Land Easement Plan

• Wetland Reserve Plan of Operations

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Tax Implications

– Easement payment is taxable income

– Like kind exchange possibilities (1031 exchange)

– Installment payments

– Landowner donation for tax deductions

– Kansas Statute 79-1476

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FRPP ALE map of state

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Questions ??

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Nondiscrimination Statement• In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the

USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited fromdiscriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

• Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

• To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866) 632-9992

• Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.