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By LuAnn Schindler
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Supervisors table 30 x 30 resolution

Perpetual easements debated

 

LuAnn Schindler

Discussion points • (middle)Holt County supervisor Dustin Breiner talks about a potential 30 x 30 land resolution the board considered during its Monday meeting. The item was tabled until May 28. (l-r): Audience members Ned Porter, Les Graham and Barb Otto listen to comments.

A potential resolution denouncing President Biden's executive order 14008, dubbed the 30 x 30 land grab, will have to wait, after Holt County Supervisors tabled the item during Monday's meeting in O'Neill.

The executive order, titled "Tackling the Climate Crisis at Home and Abroad," directed the secretary of the interior, secretary of agriculture and other senior officials to devise and submit a plan, by April 27, to conserve 30% of lands and waterways in the United States by 2030.

According to the U.S. Geological Survey, 12% of U.S. land is currentlly protected, while 23% of U.S. waters are protected.

"The president's challenge is a call to action to support locally led conservation and restoration efforts of all kinds and all over America, wherever communities wish to safeguard the lands and waters they know and love," wrote Interior Secretary Deb Haaland, Agriculture Secretary Tom Vilsack, Commerce Secretary Gina Raimondo and White House Council on Environmental Quality Chair Brenda Mallory in a May 6 report. "Doing so will not only protect our lands and waters but also boost our economy and support jobs nationwide."

According to the May 6 report, issued by the USDA, priority areas for investments and collaboration were established, including creating more parks and safe outdoor opportunities in nature-deprived communities, expanding fish and wildlife conservation, increasing outdoor recreation and investing in voluntary conservation efforts.

Opponents of the plan purport the president and other federal departments do not have a constitutional authority to preserve lands and waterways.

Five patrons spoke during the allotted 30-minute public participation period.

After detailing non-government groups involved with the proposed program, Barb Otto told supervisors, "This is Agenda 21 on steroids."

"The bottom line for me, from this preliminary report is, we ain't seen nothing yet," she said.

Grace Coleman said, "If you think a group of people, sitting in a desk in D.C. can manage our land and water better than we can, then do nothing. If you think we know best, then sign the resolution saying we in Holt County don't want our land controlled by the government."

Waiting to pass a resolution will not gain anything for Holt County residents, according to LouAnn Pribil.

"The time is now and I see no reason for Holt County to sit and wait to see what happens. Pass a resolution and put ourselves against the 30 x 30 so we're in support of our governor," she said.

Les Graham said he doesn't want people to think he is in favor of the plan, but the executive order contains provisions for Conservation Reserve Program acres, as well as other conservation plans.

"I don't know if you'd want to pass a resolution against. There's a lot of CRP, a lot of grassland reserve programs being utilized in the area," he said. "I don't have a problem with your resolution against 30 x 30, as long as it's worded right, so you don't appear to be a resolution against conservation programs being utilized all over Holt County by a lot of different people."

Graham plans to place ranch land, in northern Holt County, into a perpetual conservation easement, in which he retains ownership of the land. Doing so would allow the land to be maintained as a cattle and ranch operation for infinity.

"If you're going to stop what I'm doing, in my opinion, then I'm allowing you to dictate what I can do with my ranch. The only justification I can come up with is I hope you don't think you know better what to do better with my ranch than I do," Graham said. "What I'm doing has no direct reflection on anybody else. It's me personally."

Former supervisor Steve Boshart told supervisors perpetual easements are bad.

"To my notion, any easement, if you take the money out of the scenario, none of us would sign up for an easement. CRP, if the government didn't give you money, it would still be grass or farmed," Boshart said. "You follow the money and you'll find out where it's at."

Boshart said he is concerned that any perpetual easement will devalue property.

"When you devalue the property, that means everybody else has to pick up the pieces and pay more in taxes to towns and schools," he said.

Graham questioned how a perpetual easement will devalue property.

"You're going to limit people who will be interested in buying that property," Boshart said.

Holt County Assessor Tim Wallinger said, in other counties, land placed in a conservation easement is assessed as agricultural land.

He surveyed county assessors across the state Monday morning to determine how they handle the process. One reply was received prior to the meeting.

Chairman Bill Tielke said Wallinger will have more information to report to supervisors at the next meeting.

According to Wallinger, if land in a conservation easement did sell for less than neighboring property, it may or may not be thrown out.

"It may still be in the mix with the other 60 sales and it may not make any difference," the assessor said.

Tielke said he's still gathering information about perpetual easements and the executive order.

"One thing different about this, and I know we're lumping all these conservation programs together, this is the only one I'm aware of, where the supervisors have any say so," Tielke said.

Otto asked if Graham's plan can be separated from the 30 x 30 program.

Tielke said Graham's perpetual easement falls into a conservation stewardship program, which is covered by the executive order.

He said, "Now, how do you identify one particular one and then in the resolution you're picking and choosing which conservation resolutions you do. This is what Les said principle six (in the plan) talks about, it's a voluntary deal."

The chairman said a resolution needs to be done correctly.

Coleman said decisions like this cannot "be based on one person's wants or needs. You have to look at the whole county."

"So we're basing it on your wants and needs," Graham countered.

Coleman said, "If there are any fears at all that this thing is going to come through, that 30% of the land is going to be owned by the federal government, then you need to do your voting on that."

Graham said the difference with his easement is that he retains ownership.

"I'm voluntarily entering into an easement," he said.

Supervisor Dustin Breiner said he would like to review a model resolution at the next meeting.

Tielke said he will discuss a resolution with county attorney Brent Kelly.

In other business, supervisors:

• Tabled discussion on purchasing security cameras for the annex;

• Accepted a bid from Kokes Construction, of Ord, for FEMA project C45, located approximately seven miles north of the Stuart/Atkinson airport. The company bid $115,970.50 and the project will begin in October; and

•Discussed the condition of 507 and 508 roads, near the Thunderhead project. Invenergy official, Ned Porter, and road superintendent Gary Connot agreed the road condition memorandum will be signed off once road conditions are improved.

 

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