MAY 2, 1992 PUBLIC WORKSHOP SUMMARY AND ATTACHMENTS
Section 5
Before
You
Drain Any
Farmland . . . .
. . . . get the necessary
determinations & permits
Source:United States Department of Agriculture
Wetland -- Wetlands are defined as areas that have a predominance of hydric soils
and that are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and under normal circumstances do support, a prevalence of
hydrophytic vegetation typically adapted for life in saturated soil conditions.
Farmed Wetland -- Farmed wetlands are certain wetlands that were manipulated
and used to produce an agricultural commodity prior to December 23, 1985, but had not been
completely converted prior to that date and therefore are not prior converted cropland.
These areas still meet the wetland criteria and include potholes and playas or areas that
are seasonally ponded or flooded for an extended period of time. These areas can be farmed
and drainage systems maintained as they were prior to December 23, 1985.
Prior Converted Cropland -- Prior converted cropland can be either a pothole or a
ponded or flooded area that was completely drained and no longer meets wetland criteria;
or a saturated hydric soil that was hydrologically manipulated or cleared of trees and
stumps and planted to an agricultural commodity produced prior to the Food Security Act,
December 23, 1985, and not abandoned.
Converted Wetlands -- Wetlands that are converted after December 23,1985, and not
subject to one or more exemptions cannot be used to produce an agricultural commodity
without causing a person to lose eligibility for USDA benefits. "Converted
Wetland" means wetland that has been drained, dredged, filled, leveled, or otherwise
manipulated (including any activity that results in impairing or reducing the flow,
circulation, or reach of water) that makes possible the production of an agricultural
commodity without further application of the manipulations described herein if (1) such
production would not have been possible but for such action; (2) before such action such
land was neither highly erodible land nor highly erodible cropland; and (3) is not
abandoned.
Artificial Wetlands -- An area is an artificial wetland if the area was formerly
nonwetland or prior converted wetland but now exhibits wetland characteristics because of
human activities, i.e., dugouts, ponds, dams, irrigation etc.
All programs and services of the U. S. Department of Agriculture,
Soil Conservation Service, are offered on a nondiscriminatory basis,
without regard to race, color, national origin, religion, sex, age,
marital status, or handicap.
Back to Report 19
Questions and Answers In the mid-1980s, the City of Eugene began a process to resolve apparent conflicts
between industrial and commercial development and the remnants of natural wetlands in west
Eugene. With major funding from the U.S. Environmental Protection Agency, the City and the
Lane Council of Governments carried out the West Eugene Wetlands Special Area Stndy and published a
Draft Plan in March 1991. Among many other recommendations the Draft Plan proposes the
acquisition of wetlands, lands that are suitable mitigation sites, and uplands along
stream channels that would connect the wetland areas.
In 1991, Congress appropriated funds to the Eugene District of the Bureau
of Land Management (BLM) to implement the acquistion phase of the project. BLM procedures allow
for acquisition of private land from willing sellers.
The West Eugene Wetlands Project entails the acquisition and management of wetlands and
other connected open spaces for a variety of public purposes.
The acquired public lands will:
Federal Land Policy and Management Act, Public Law 94-579, October 21,
1976.
Land and Water Conservation Funds, appropriated by Congress.
Public Law 91-646, January 2, 1971, requires the Federal Government to
offer landowners
just compensation for their real property. Just compensation is based on
an approved
appraisal of Fair Market Value.
The primary method is to make a comparison of the property being
appraised to recent
comparable sales on the open market.
An Independent Fee Appraiser using principles and methods accepted by
professional
appraisal organizations and in accordance with the Uniform Appraisal
Standards required
for Federal acquistion.
You, or any representative whom you designate, will be invited to
accompany the
appraiser when the property is inspected. This provides you an opportunity
to point out
any special amenities which may contribute to the property's value.
The landowner will be responsible for any outstanding taxes, liens, or
judgments
existing at the time of closing. The landowner is also responsible for any
costs to clear
or perfect title.
BLM will pay or reimburse you for any incedental expenses required to
transfer title to
the United States. These types of costs would include: appraisal fees,
evidence of title,
title insurance and escrow fees, recording fees, and the pro rata share of
any prepaid
real property taxes that can be allocated after the BLM obtains title to
the property.
Responsibility for the administration of Federal tax laws rests with
the Internal
Revenue Service, which is part of the Treasury Department. These laws
contain provisions
with respect to gains derived from the sale of real property, including
sales to the
United States Government.
Your land could be partioned to allow a partial acquisition of your
property. If it is
determined that the acquistion of only part of your property would leave
you with an
uneconomic remnant, BLM may offer to acquire the entire property.
A Conservation Easement is a legal agreement a property owner makes to
restrict the
type and amount of development or use that may take place on his or her
property. Each
easement's rights or restrictions are tailored to the particular property
and to the
interests of the owner. You would retain fee title to the land and the
right to sell
property on the open market subject to the Conservation Easement.
The landowner is compensated for restrictions of use as well as any
rights acquired by
the BLM. A before-and-after analysis is used to determine the amount of
compensation. The
before value is fair market value of the entire property as it would sell
on the open
market. The after value is fair market value of the property with the
impacts of the
Conservation Easement as it would sell on the open market. The amount of
compensation to
the landowner is the difference between the before value and the after
value.
Please contact us, at the West Eugene Wetlands Project Office, if you
are interested in
learning more about exchanges and donations.
PREPARED BY Soil Conservation Service
In cooperation with Oregon Division of State Lands and
Oregon Association of Conservation Districts
Food Security Act Wetland Classifications Defined
Bureau of Land Management
West Eugene Wetlands Project
Acquiring Property for Public Purposes
WHAT GIVES BLM AUTHORITY TO ACQUIRE PRIVATE LANDS?
WHAT
FUNDING IS USED FOR ACQUISITION?
HOW MUCH
WILL I BE PAID FOR MY PROPERTY IF I DECIDE TO SELL?
HOW IS
FAIR MARKET VALUE DETERMINED?
WHO WILL
APPRAISE MY PROPERTY?
WILL I
HAVE AN OPPORTUNITY TO MEET THE APPRAISER?
WHAT
TRANSACTION COSTS WILL I INCUR?
WHAT
TRANSACTION COSTS WILL BLM INCUR?
WILL THE
COMPENSATION I RECEIVE BE SUBJECT TO FEDERAL TAX?
WHAT IF
ONLY A PART OF MY PROPERTY IS ACQUIRED BY THE BLM?
WHAT IS A
CONSERVATION EASEMENT?
HOW IS A
CONSERVATION EASEMENT VALUED?
WHAT IF I
WANT TO MAKE A LAND EXCHANGE OR LAND DONATION?
The Bureau of Land Management is responsible for the balanced management of the public lands and resources and their various values so that they are considered in a combination that will best serve the needs of the American people.
Management is based upon the principles of multiple-use and sustained yield; a combination of uses that takes into account the long-term needs of future generations for renewable and non-renewable resources. These resources include recreation, range, timber, minerals, watershed, fish and wildlife, wilderness and natural, scenic, scientific and cultural values.
BUREAU OF LAND MANAGEMENT
EUGENE DISTRICT
WEST EUGENE WETLANDS PROJECT
751 S. DANEBO
EUGENE, OREGON 97402
503-683-6413
5/1/92
