If you think this new filing requirement may apply to your organization, go to http://www.irs.gov/charities/index.html for complete details.
]]>Yesterday, Congress overrode a Presidential veto to pass the Food, Conservation and Energy Act of 2008. Although there was a clerical error in the process, it largely concerns a 34-page segment of the bill that was not in the copy of the bill the President vetoed (and is unrelated to the conservation provisions we have focused on).*
In addition to renewing the easement incentive, this bill:
Click here for the exact language.
Thank you for adding your voice to the hundreds of land trusts and dozens of conservation, wildlife, sportsmen's and agricultural organizations that helped make this victory possible. We have powerful champions in Senators Max Baucus (D-MT) and Charles Grassley (R-IA) and Representatives Mike Thompson (D-CA) and Dave Camp (R-MI), but champions alone have failed to extend dozens of other popular tax provisions that expired this year. Your passion, and those many urgent phone calls made all the difference!
How You Can Help
Pat yourself on the back! Soon, we'll be releasing a new "grassroots toolkit" full of templates to spread the news about this important conservation tool in your community, and to re-launch our campaign to make the incentive permanent. But today is all about saying thank you:
Of course, we're disappointed the conservation tax incentive wasn't made permanent, but this two-year extension has the potential to help us conserve an area twice the size of Rhode Island--forever. That's a legacy for future generations we can truly be proud of!
Thank you!
Russ
Shay
Director of Public
Policy
Land Trust
Alliance
rshay@lta.org
202-638-4725
Sign up to
be a Land Trust ADVOCATE
Land
Trust Alliance ~ 1660 L St. NW,
Suite 1100 ~ Washington DC,
20036 ~
202-638-4725
Our Mission: To save the places people love by strengthening land conservation across America.
* Interested in the controversy over how the veto was done? In short, House and Senate parliamentary experts believe that all parts of the Farm Bill except the 34-page international trade section that wasn't in the package that the President vetoed are now law.
Here are excerpts from the Washington Post account:
With an overwhelming 82 to 13 vote, the Senate yesterday completed the override of President Bush's veto of a comprehensive farm bill, shrugging off Republican concerns about an embarrassing legislative glitch to make the $307 billion bill the law of the land.
House GOP leaders continued to grumble that Democrats had violated the Constitution by pressing forward with the veto override after they discovered that a whole section of the bill on trade policy had been inadvertently dropped from the version vetoed Wednesday.
But Democratic leaders said they had court precedent and constitutional scholars on their side. "The veto override will have the force of law," said House Speaker Nancy Pelosi (D-Calif.).
Senate Republican leaders appeared unconcerned. Senate Minority Leader Mitch McConnell (Ky.) and Senate Republican Conference Chairman Lamar Alexander (Tenn.) were among the 35 Republicans who joined in the most significant legislative rebuff of Bush's presidency.
Lawmakers said they would take up the farm law's trade section as a separate bill and pass it after their Memorial Day break.
An enrolling clerk dropped the section, which includes international food aid programs, as the measure was being sent to the White House.
House Democratic leaders did push the entire farm bill back through the House again yesterday, in case they decide to start the process over again. But that appeared doubtful after the Senate's action.
Citing the Supreme Court's 1892 decision in Field v. Clark, House parliamentarian John Sullivan released a statement yesterday saying that "the law that would result from a bicameral override of the President's veto on H.R. 2419 would be the text that was presented to the President on parchment, notwithstanding its omission of the congressionally intended [trade] title."
Lastly, from Congress Daily: "White House spokesman Scott Stanzel said the administration is treating the bill as law, although he continued to criticize its provisions."
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Contact:
Allison Mitchell
Policy Director
Phone: (908) 234-1225 x 107
E-mail: alison@njconservation.org
Nework, NJ – U.S. Senator Robert Menendez (D-NJ) was honored by conservationists yesterday for his help in securing a two-year extension of a federal income tax incentive for preserving land. Alison Mitchell, policy director for New Jersey Conservation Foundation, presented Menendez with an award on behalf of New Jersey Conservation Foundation and America’s land trust and conservation community.
“Senator Menendez continues to be a staunch advocate for land preservation and environmental protection,” said Mitchell, who visited the senator’s office in Newark. “His assistance was critical in extending the conservation easement tax incentive in the 2008 Farm Bill, an important measure that helps New Jersey’s and America’s land trusts increase the pace of land conservation. The easement incentive is particularly important now in New Jersey, given that state preservation funding has not been renewed.”
“Protecting clean water and air, preserving recreational open spaces, and combating urban sprawl are important to ensuring a better quality of life for our communities, families, and children,” said Menendez. "The federal conservation easement tax incentive is a valuable tool in our fight to save open space."
A conservation easement is a legally enforceable agreement that preserves privately held open space to protect a variety of natural resources, including wildlife habitat, water, farmland and scenic viewsheds.
Conservation easements can be donated to qualified non-profit land trusts and government agencies that agree to monitor the land to ensure that the easement is not violated. Easement donors continue to own their land and control access to it; some conservation easements provide limited public access.
Landowners can receive a federal tax break for donating conservation easements or selling easements at a “bargain sale” (less than market value) price. Landowners receive a tax deduction for making what can amount to a substantial charitable gift, in addition to the knowledge that they are protecting lands that have significant benefits to their community.
The extended tax incentive raises the maximum deduction a donor can take for donating a conservation easement from 30 percent of their adjusted gross income (AGI) in any year to 50 percent; allows qualified farmers and ranchers to deduct up to 100 percent of their AGI; and increases the number of years over which a donor can take deductions from 6 to 16 years.
Many important properties in New Jersey have been donated or sold at prices significantly below their market value by landowners who value the preservation of our state’s natural heritage.
"Throughout my tenure in Congress," Senator Menendez added, "I have strongly supported programs that would protect our open spaces and trails, such as the Land and Water Conservation Fund and the National Park Service's Rivers, Trails and Conservation Assistance Program, which help to ensure that all of our outdoor spaces are adequately protected for years to come.”
The national Land Trust Alliance has worked with local land trusts across the country to help secure and build awareness of the conservation tax incentive among landowners, attorneys and tax advisors. For more information on how to donate a conservation easement, contact New Jersey Conservation Foundation at 908-234-1225.
###
PHOTO CAPTION:
Senator Robert Menendez receives award from Alison Mitchell, left,
and Amy Hansen of the New Jersey Conservation Foundation
For Immediate Release
March 6, 2008
Contact:
Jim Wyerman
Director, Communications & Development
Phone: 202-638-4725 x 310
E-mail: jwyerman@lta.org
Denver - House Majority Leader Alice Madden (D-Boulder), Rep. Bernie Buescher, (D-Grand Junction) and Rep. Kathleen Curry (D-Gunnison) will join Senator Jim Isgar (D-Hesperus) tomorrow in introducing legislation to add an extra layer of accountability for state conservation easement tax credits.
Scheduled to be introduced Friday as House Bill 1353, the measure will build upon changes enacted last year in HB07-1361, which increased the standards, transparency and accountability for the tax credits.
Conservation easements are sold or donated by private landowners to nonprofits or government agencies to guarantee that a parcel of land will never be developed. Property owners may continue using their land as it has been used but give up the rights to sell the land to developers in the future or to develop it themselves.
The drafting of HB 1353 was guided by the Colorado Conservation Easement Tax Credit Task Force, led by Rep. Madden. The 2007 task force included legislators, landowners, state officials and land trust representatives.
"Colorado has benefited from conservation easements in every corner of the state that protect farms, ranchland, wildlife habitat, scenic and historic landscapes and other unique natural lands. These are places that could have been lost forever to development without the state tax credits," said Rep. Madden. "Our goal is to make this successful program stronger."
"Conservation
easements are a cost-effective way to safeguard Colorado's agricultural
traditions and beautiful places. This bill will ensure that holders of
conservations easements are truly protecting property and accurately
assessing the value of conservation," said Rep. Buescher.
Attention TV news departments: extensive B-roll video of Colorado lands
preserved by conservation easements is available from Eric Anderson
(303-892-9100 ext. 12 or EA@publicpersuasion.com)
HB 1353 has five main components:
1. Increased easement appraisal accountability
The bill will require appraisers to file conservation easement
appraisals with the Colorado Division of Real Estate which will review
the information. If wrongdoing is found, the Board of Real Estate
Appraisers may impose suspensions or other penalties. These appraisers
also will face education and experience requirements.
2. Conservation easement holder certification
A
state certification program for groups that hold conservation easements
will be established by the Division of Real Estate and the Conservation
Easement Oversight Commission. This program will establish minimum
qualifications for these groups, looking at their process for approving
easements, their governance and their financial strength. Only
landowners who work with certified groups will qualify for the tax
credit.
3. More effective oversight
The
Department of Revenue will be allowed to share information with other
state agencies, and the Conservation Easement Oversight Commission, to
ensure it can address concerns about information contained in a tax
credit application.
4. Conservation Easement Oversight Commission
This new commission will advise the Division of Real Estate and Department of Revenue.
5. One-year holding requirement
The bill limits conservation contributions for properties held less than one year.
Additional photos are available; e-mail pressroom@lta.org
]]>Contact:
Jim Wyerman
Director, Communications & Development
Phone: 202-638-4725 x 310
E-mail: jwyerman@lta.org
Denver - House Majority Leader Alice Madden (D-Boulder), Rep. Bernie Buescher, (D-Grand Junction) and Rep. Kathleen Curry (D-Gunnison) will join Senator Jim Isgar (D-Hesperus) tomorrow in introducing legislation to add an extra layer of accountability for state conservation easement tax credits.
Scheduled to be introduced Friday as House Bill 1353, the measure will build upon changes enacted last year in HB07-1361, which increased the standards, transparency and accountability for the tax credits.
Conservation easements are sold or donated by private landowners to nonprofits or government agencies to guarantee that a parcel of land will never be developed. Property owners may continue using their land as it has been used but give up the rights to sell the land to developers in the future or to develop it themselves.
The drafting of HB 1353 was guided by the Colorado Conservation Easement Tax Credit Task Force, led by Rep. Madden. The 2007 task force included legislators, landowners, state officials and land trust representatives.
"Colorado has benefited from conservation easements in every corner of the state that protect farms, ranchland, wildlife habitat, scenic and historic landscapes and other unique natural lands. These are places that could have been lost forever to development without the state tax credits," said Rep. Madden. "Our goal is to make this successful program stronger."
"Conservation
easements are a cost-effective way to safeguard Colorado's agricultural
traditions and beautiful places. This bill will ensure that holders of
conservations easements are truly protecting property and accurately
assessing the value of conservation," said Rep. Buescher.
Attention TV news departments: extensive B-roll video of Colorado lands
preserved by conservation easements is available from Eric Anderson
(303-892-9100 ext. 12 or EA@publicpersuasion.com)
HB 1353 has five main components:
1. Increased easement appraisal accountability
The bill will require appraisers to file conservation easement
appraisals with the Colorado Division of Real Estate which will review
the information. If wrongdoing is found, the Board of Real Estate
Appraisers may impose suspensions or other penalties. These appraisers
also will face education and experience requirements.
2. Conservation easement holder certification
A
state certification program for groups that hold conservation easements
will be established by the Division of Real Estate and the Conservation
Easement Oversight Commission. This program will establish minimum
qualifications for these groups, looking at their process for approving
easements, their governance and their financial strength. Only
landowners who work with certified groups will qualify for the tax
credit.
3. More effective oversight
The
Department of Revenue will be allowed to share information with other
state agencies, and the Conservation Easement Oversight Commission, to
ensure it can address concerns about information contained in a tax
credit application.
4. Conservation Easement Oversight Commission
This new commission will advise the Division of Real Estate and Department of Revenue.
5. One-year holding requirement
The bill limits conservation contributions for properties held less than one year.
Additional photos are available; e-mail pressroom@lta.org
]]>Read the complete letter. (PDF)
Learn more about Farm and Ranch Lands Protection Program.
The following members of Congress signed on:
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This is a critically important juncture for our campaign . The Farm Bill is our best opportunity to move the tax incentive forward this year and the key decisions on that bill will be made in the next few weeks. A personal call from your Representative to Speaker Pelosi or other key leaders could mean the difference between winning or losing the easement incentive.
Help Orchestrate Personal Calls to House Leadership
At this point, it will take a personal call from your Representative to key leaders of the House
to make a difference on the Farm Bill. Please think about who on your
board or in your community can best reach your Representative directly
and ask them to make such a call. You may also have a chance to raise
this with your Representative in person while they are back home for
the Congressional Easter Recess, March 17-28.
Ask Democrats to call:
Ask Republicans to call:
Messages we need your Representative to convey:
If you already asked your Representative to do this, please follow-up—and be sure to tell them that even though House leaders are saying “no,” this issue isn't decided yet.
Click here for a fact sheet with more details.
Ask Your Representative to Support LWCF & Forest Legacy
Congressmen Tom Allen (D-ME) and Jim Gerlach (R-PA) are circulating a Congressional sign-on letter urging the Interior Appropriations Subcommittee to provide $278 million for the federal Land & Water Conservation Fund (LWCF), $120 million for the LWCF state grants program, and $120 million for the Forest Legacy Program in fiscal year 2009. These programs have historically been the most significant federal sources of funding to support land conservation and your Representative's signature will help us ensure these programs continue to succeed.
This is a relatively easy ask; here's what to do:
Sign up to be a Land Trust ADVOCATE
]]>
Get Your Representative to Weigh in Personally with Leadership
At this point, it will take a personal call from your Representative to key leaders of the House to make a difference on the Farm Bill. Just a few calls into the right people at this critical moment could literally change the history of conservation! Please think about who on your board or in your community can best reach your Representative directly and ask them to make such a call.
Ask Democrats to call:
Ask Republicans to call:
Messages we need your Representative to convey:
See background, frequently asked questions, and resources on the tax incentive.
Eight New Cosponsors for HR 1576; 160 Total
Over the past two weeks the following representatives have cosponsored HR 1576: Rep. Gabrielle Giffords (D-AZ), Rep. Anna Eshoo (D-CA), Rep. Lincoln Diaz-Balart (R-FL), Rep. Alcee Hastings (D-FL), Rep. Ileana Ros-Lehtinen (R-FL), Rep. Baron Hill (D-IN), Rep Adrian Smith (R-NE) and Rep. Peter Welch (D-VT). That means we now have 160 Members, more than a third of the House, on record supporting a permanent extension of the tax incentive for conservation easement donations!
Please check out our complete list of cosponsors! If your Representative isn't yet on the list, please call and urge them to cosponsor HR 1576. If your Representative is already a cosponsor, please urge them to weigh in with leadership (see above) and thank them publicly or privately using the templates on our tax incentive webpage.
Sign up to be a Land Trust ADVOCATE at: http://www.lta.org/publicpolicy/advocates.htm