The Farm Bill

The 2008 Farm Bill was passed by both the House and the Senate in mid-May 2008. The President vetoed the bill but Congress quickly overrode the President's veto and the Farm Bill became the most important legislation for Conservation for the next 5 years with an increase of 7.9 billion dollars for conservation programs.

  

Despite threatened cuts, CSF and the the Congressional Sportsmen's Caucus (CSC) worked with the outdoors community to increase funding for conservation programs in the Farm Bill.

 
 

Read what key legislators said in the Farm Bill Press Release

The 2008 Farm Bill is the most important funding source for private land conservation programs in America. Its passage means that millions of acres will be protected for wildlife habitat. Funding priorities included such programs as the Conservation Reserve Program (CRP), the Wetlands Reserve Program (WRP), the Grassland Reserve Program (GRP) and Open Fields. The Open Fields $50 million funding source is crucial for enhancing public access to private lands. In the end, the Conservation title survived the conference negotiations with strong funding to protect America's fish and wildlife.

Read the Dept. of Agriculture summary of the 2008 Farm Bill Conservation Title 

Two landowner tax incentive programs were included in the Farm Bill. One, that opens private lands to public access, is a two-year extension of expanded tax incentives for conservation easements that provides generous tax deductions to landowners who enter into irrevocable conservation easements on their properties.

These tax incentives apply to "qualified conservation contributions" which, under Section 170(h) of the tax code,  must meet one of the following "conservation purposes" tests: 1. The preservation of land areas for outdoor recreation by, or the education of, the general public; 2. The protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem; 3. The preservation of open space for the scenic enjoyment of the general public, or pursuant to a clearly delineated governmental policy, which will yield a significant public benefit; and 4. The preservation of an historically important land area or a certified historic structure. A further requirement under section 170(h) is that these conservation purposes must be enforceable in perpetuity. In the case of a conservation easement, this means at least two things: a) the easement must be perpetual, and b) the restrictions imposed by the easement must actually protect the conservation values of the property.

The other,originally introduced as the Endangered Species Recovery Act is particularly helpful to working farmers, ranchers and woodlot owners to enable them stay on the land and also contribute to the conservation of listed species. 

Tax credits would be realized by eligible landowners entering into a conservation easement for habitat protection, or a habitat protection agreement that provides restoration of habitat for listed species.  Easements may be held by the appropriate Secretary, the Secretary of Agriculture, or a State, either in perpetuity or, under some circumstances, for not less than 30 years. The provision would also exclude from tax liability, federal cost share payments to private landowners under the Partners for Fish and Wildlife Program; the Landowner Incentive Program; the State Wildlife Grants Program; and the Private Stewardship Grants Program.

For background information on the Farm Bill Reauthorization 2007, read Fish, Wildlife and the Farm Bill, a CSF Special Report