San Miguel Basin Gunnison Sage-grouse Working Group Meeting
March 24, 2011 Minutes
Forest Service Office, Norwood
Attendees: Landowners: Dave Andrews, Robert Bray, Tristan Burm; Bob, Barbara & Marcy Pickering;
Bart Skalla, Dora Spor, Raymond & Phyllis Snyder. Colorado Div. of Wildlife: Tony Bonacquista, Jim
Garner, Joe Koch, Renzo DelPiccolo. Bureau of Land Management: Bob Bavin, Dean Stindt. Natural
Resource Conservation Service: Jim Boyd & Ashley Baillie. San Miguel County: Linda Luther-Broderick,
Dave Schneck. Boy Scouts: Wayne Quade. BIO-Logic: Steve Boyle. Patara Oil & Gas: Theresa Garcia.
Sheep Mountain Alliance: Jennifer Thurston. Working Group: Leigh Robertson.
Updates by Members:
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The Fish & Wildlife Service has money to proceed with the proposed rule for Gunnison sage-grouse
(GuSG). Send any new info to Grand Junction office by April 29, 2011.
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Steve Boyle, BIO-Logic: next month starts the 2ndyear of research on effects of sagebrush treatments on
sagebrush-dependent songbirds. Studies being done in Dry Creek Basin (Deadhorse), control Town of
Telluride parcel, 2 sites in Piñon Mesa, 3 sites in Gunnison Basin. They’re looking at: are treatments
helping GuSG? Helping or harming other birds? They’ll also have 2 environmental compliance monitors
for the Nucla-Sunshine Power Line project (goes over Beaver Mesa this year).
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NRCS has money for GuSG-related projects: habitat improvement and conservation easements
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DOW will use sagebrush and four-wing seeds that we collected on Dry Creek Basin State Wildlife Area.
Highlights from 2010:
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The Hughes family’s 80 acres NE of Miramonte Reservoir was accepted by the Colorado Wildlife Habitat
Protection Program (CWHPP) for funding. The appraiser was just out.
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A management plan for New Beginnings Ranch was developed and the conservation easement on New
Beginnings should be finalized soon. When it’s complete, hope to do some juniper removal.
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The strips that were mowed in the Six Shooter pasture’s sagebrush are responding well to the seeding.
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We monitored the survival of the sagebrush seedlings planted at Nelson Creek. About 20% survived.
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We received a $6,000 grant from the Telluride Foundation and were selected for their text-to-give
program.
Continued working on an educational DVD on GuSG. Gave presentations to groups.
Plans for 2011:
Habitat Improvement
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Miramonte: seed grasses/forbs (interseed or mow first), PJ removal: State Wildlife Area is done. Scott
Hughes will start on the south end of Miramonte Meadows soon. Crew out of Oregon did PJ removal in
Crawford area for $25 per acre.
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Dry Creek Basin: fence Six Shooter, PJ removal, Dry Creek: remove tamarisk, thin old sagebrush, brush
management, plant willows in spots
Habitat Protection
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CWHPP: will let landowners know when the request for proposals is out.
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Packard Foundation CO Plateau Initiative: hope to hear if we got the grant
Education/Info/Publicity
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DVD: will put in a proposal to use NFWF money to help fund it
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Handout for Cattleman’s on programs for habitat improvement
Land Use
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Will talk with San Miguel County re: pre-development conference
Predator Control
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Started March 23rd; killed 9 coyotes so far. Still need some landowner agreements.
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Research will be done on nesting success and chick survival
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Will primarily go from winter until July for 2 years
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Locals say there were lots more grouse when sheep men were killing predators
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Local ranchers have killed coyotes to prevent predation on their calves
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Eight of the 30 grouse translocated to Dry Creek Basin are still alive. Predation is a problem there as
well.
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Festival & Summit in April
Population Management
GuSG surveys, training April 5, 9:30 am in Basin, CO
Next Meeting:
Field Trip on Tuesday, May 17th. Meet at 9:30 am at the kiosk just west of the Basin Store.
San Miguel Basin Gunnison Sage-grouse Working Group
March 24, 2011 Evening Meeting Minutes, Forest Service Office, Norwood
Please Note: While we do our best, the Working Group does not guarantee the accuracy of the
following information. Please consult an attorney regarding estate taxes and conservation easements.
Contact the Natural Resource Conservation Service or Fish and Wildlife Service regarding questions
about their programs or policies. A video of Robert Bray and Jim Link’s talks should be available soon.
Please contact Leigh at 970-708-7131 if you would like a copy.
Robert Bray on Conservation Easements and Natural Resource Conservation Service Programs
·
Worked with Linda Luther and San Miguel County’s Land Heritage Program. Did 4 phases. Now a total
of 1,800 acres in conservation easements. The county is good to work with, but it did take time. You
need a lawyer. Colorado Cattleman’s holds the easement, and the only restrictions are he can’t build
structures and roads. They don’t tell him how to run his cattle business. Other Land Trusts/easement
holders may require a management plan.
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They have also done projects that improve both their cattle operations and sage-grouse habitat with
NRCS. You do have to sign a contract. One down side is the timing isn’t always perfect. It did allow them
to do some projects that they couldn’t have done without the NRCS funding.
Attorney Jim Link on Conservation Easements and Estate Planning
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Background: His family had a stocker operation. Got interested in law when a neighbor lost their
ranch. Has 21 years of estate planning experience.
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Taxable estate includes the assets you own and control the disposition of at the time of your death.
Can include: land, cash, investments, life insurance, IRAs, 401K, Pension Plan, livestock, equipment,
personal property, minerals.
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At your death, you have 3 choices:
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Can get assets out of taxable estate with LLCs, limited partnerships
Give assets to your spouse, no tax
Give assets to charity, no tax
Give to anyone else: have to pay estate taxes
2011 and 2012 there’s a $5 million exemption for estate taxes (sunsets to $1 million in 2012). Another
$1 million exemption/person if land in production agriculture.
When/why does it make sense to do a conservation easement for estate tax reasons?
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During your life:
 Could get cash (from programs like Division of Wildlife’s Colorado Wildlife
Habitat Protection Program)
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 Federal income tax deduction against 30% of your adjusted gross income
 State income tax credit
20 year carry forward of unused credits
Credit can’t exceed $375,000 per year
You can transfer them or sell them (most people are getting 75 cents on the dollar for them
now)
Credits must be used before doing another easement.
 Estate tax benefit
Exclude up to 40% of value of land up to $500,000 in estate
Lower value of property in estate
 To keep your ungrateful kids (or anyone else) from developing the property
 Can reserve building envelope(s). Make sure you also have a road & utility
easement to the envelope.
After death:
 § Heirs may elect to donate a post mortem easement (get estate tax benefit,
but not income tax benefit). Have 15 months to get easement done.
Why not do a C.E.?
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Restrictions on land use last forever
You’re in partnership with the Land Trust. Sometimes there are disagreements, but you
can’t get a divorce. That’s why it’s important to spell out the allowable uses in the CE
agreement.
It lowers the land value for you and future generations: could affect your ability to get a loan
or line of credit. Could also impact an existing loan.
Could limit your ability to place access or utility easements on your property.
Areas to watch for in easement documents:
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Can the Land Trust transfer the easement to another Trust? Do you have any say, e.g., can
you stop it from being transferred to a certain Land Trust?
Public access: it’s rare that it’s required
The definition of agricultural practices: don’t be locked into how you’re doing things today.
Consider: spraying, weed control, brush control, wetlands, threatened or endangered
species, irrigation, fence building, roads, feeders, fertilizer.
Can reserve the right to split the property in two (not a subdivision).
Historic structures, archaeological resources
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Prime views
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Calving grounds
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Water rights: can’t separate or sell if you have an easement.
Federal Audits:
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Person who donated the easement has to defend it
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To avoid an audit: get a good appraisal, get your paperwork in on time
Contact info:
James E. Link II, P.C.
P.O. Box 567
Ouray, CO 81427
325-4343 Fax 325-0303
Dan Reinkensmeyer, U.S. Fish & Wildlife Service on the proposed rule (to list Gunnison sage-grouse as a
threatened or endangered species), the process,s and possible ramifications for landowners
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The Gunnison sage-grouse is currently a candidate species with a ranking of 2 (goes from 1 - 12, with 1
being the highest priority)
The FWS now has funding to proceed with a proposed rule and proposed critical habitat
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Should be done by mid-January 2012, then 60-day comment period
Final rule should be out in early 2013
Possible outcomes:
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The bird is listed as threatened or endangered
It’s withdrawn and gets no ESA standing (highly unlikely)
The proposed rule process is extended
If the Gunnison sage-grouse is listed as threatened or endangered, protections are designed to prevent
“take” of the grouse. "The term 'take' means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct." This could also include significant
habitat modification that results in death of the bird.
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If you “take” a bird, you could be prosecuted (although that’s rare). It’s usually a fine.
You can get permits for “take”. May require avoidance or minimization measures
and/or mitigation.
Other governmental agencies would have to have Section 7 consultations with the Fish and Wildlife
Service if they plan activities in sage-grouse habitat. They also need to implement pro-active
conservation actions.
The Endangered Species Act requires a recovery plan at some point.
Proposed Critical Habitat:
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has features essential for the preservation of the species
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doesn’t apply on private land if there is no federal money involved, but “take” does
apply on private land.
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may possibly be currently occupied habitat
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could also include non-occupied, but potential habitat
Jim Boyd, Natural Resource Conservation Service on their programs
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They work with private landowners to provide technical and financial assistance to
improve resource conditions
Resource/Habitat Improvement Programs: cost share
o EQIP
o WHIP
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Conservation Easements
o Wetlands Reserve
o Grasslands Reserve
o Farm and Ranchland Protection Program