Agricultural Conservation Easements

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Range Rescue, LLC Conservation Easements Services and Landowner Guarantees:

· Provide a clear outline of expectations for an easement including estimates of costs, values, donation, tax credits, etc.

· Identify the best potential easement funder and holder

· We will assist in the development of maps including location and size of building envelopes

· Assist in the development and submission of funding applications

· Develop the requirements for the conservation easement to ensure effective and viable continuation of agricultural and recreational operations

· Review the title commitment and assist in identifying and resolving any issues

· Provide directions to the appraiser to ensure the best financial outcome

· Review the appraisal and provide input to secure any adjustments needed to provide the best values

· Identify the best organization to develop the required baseline inventory, management plan, and monitoring plan, if required, to ensure compliance once the easement is completed

· Review and address any issues with federal or state inholdings in the conservation easement area. We will work with the selected organization(s) to complete any field work needed to develop the management and conservation plan for the properties

· Draft and/or review the conservation easement documents to ensure all the landowners’ needs are included and there is no impact to the existing operations

· Ensure completion of all requirements for the conservation easement to close the transaction, including review of closing documents and preparation of documents for sale of or use of tax credits

Facilitate the sale of your tax credits and completion of any documents necessary to best position you to fully utilize the tax credits.

Understand the Easement Type

There are several sources of funding to be considered depending on the conservation values to be protected.

ACEP (Agricultural Conservation Easement Program)

Agricultural Land Easements (ALE)

• Protects working farms and ranches.
• Keeps land in ag use and prevents development and protects existing water rights.
• Implemented in partnership with eligible entities (land trusts, state/local agencies)

Wetland Reserve Easements (WRE)

• Restores and protects wetlands.
• Offers higher payments; NRCS does most of the restoration work.
• Typically used for flood-prone or marginal ag land

Eligibility Requirements

• Land with agricultural, cultural, or environmental value.
• Clear title (Range Rescue will work to resolve any issues that would conflict with the easement)
• Willingness to maintain conservation practices in perpetuity (or for the term of the easement)
• Often a recent farm plan or conservation plan (may be developed with NRCS)
• Preliminary appraisal and site visits 

Range Rescue, LLC Conservation Easement Services:

Facilitate Conservation Easements with any funding

• ALE: Range Rescue works in your behalf with a land trust or government entity to hold and manage the easement
• WRE: Range Rescue works in your behalf with NRCS
• Range Rescue facilitates the development of a conservation plan, often involving:
  • Grazing management
  • Wetland or habitat restoration
  • Water improvements
  • Erosion control
  • Invasive species control
  • Cleanup of any dump sites or other areas of concern, i.e. old mines or oil and gas drill pads.

Application and Funding Process:

1. Range Rescue works with you in contacting the local NRCS field office — they’ll assign a conservation planner
2. Range Rescue works with you to identify the best source of funding and the appropriate land trust and work to complete an application during an open sign-up period.
3. NRCS or other funding source ranks applications based on environmental benefit
4. If approved, Range Rescue and the Land Trust will secure the final appraisal of the land and conservation easement value (usually based on fair market value minus the value after easement restrictions)
5. Range Rescue will facilitate the completion of a baseline environmental inventory and      management plan.
6. Range Rescue will review and submit corrections on all easement documents to ensure your interests and operational needs are protected.
7. Range Rescue will facilitate the closing on the easement and implementation of the plan.
8. Range Rescue will work with you to obtain the tax credit appraisal and if appropriate the sale of some or all of those credits according to state and federal requirements

Funding:

• ALE: Usually a cost-share — NRCS may pay up to 50–75% of easement value
• WRE: NRCS may pay up to 100% for permanent wetland easements, including restoration
• Other funding sources usually will pay up to 50% of the easement value.

Implementation and Long-Term Management

• You’ll carry out any agreed restoration/conservation activities
• NRCS or the easement holder monitors the land regularly (usually annually)
• You retain ownership, can still ranch/farm (with conditions), and may sell or pass the land on — but the easement remains in place

Common Considerations

• Mineral Rights: Any mineral development will be addressed in the easement document, depending on the ownership of the mineral estate
• Water Rights: Will be tied to the easement. Range Rescue will ensure all water rights are filed on and protected.
• Tax Incentives: You may qualify for tax deductions (especially under ALE) or you may sell the tax credits
• Estate Planning: Easements can reduce land value for estate taxes while preserving family land and existing Agricultural Operations.
• Existing Mortgages or Property Loans: Will be required to subordinate to the easement.