LYMAN — Conservation easements in the past were looked as a way to protect land from development by giving a local land trust or government agency the right to oversee and protect the land.

The easement still allows the land to be privately or federally owned and utilized. However, with newer developments and the push by the Biden Administration’s 30x30, the concept has created concerns on the local level, according to Carl Larson, spokesman for the Uinta County Citizens Coalition (UCCC), Tuesday, Jan 3.

LYMAN —The UCCC met with the Uinta County Commissioners on Dec. 19, about the New York Stock Exchange’s (NYSE) listing of Natural Asset Companies (NACs).

As of Wednesday, Jan 4, the Securities Exchange Commission had extended the public comment period for the NACs to Jan. 18, as there was criticism about the short comment period across the country.

Larson said Tuesday, this new investment procedure would provide the owner of the easements with certain rights to private and public lands.

When meeting with the Uinta County Commission, Larson said, the Commission approved a letter to Erik Gerding, chair, U.S. Security and Exchange Commission in Washington, D.C. In this Dec. 19 letter, the Commission asked the proposal to allow the NACs be cancelled.

The Commission stated in the letter, “NACs are a direct threat to oil and gas production, mineral development and the farming and ranching communities,” and would adversely affect property rights. In addition, the Commission cited its previous work on the county’s Comprehensive Plan and Public Lands policy. The policy states, “The people of Uinta County, Wyoming believe the United States Constitution and the Wyoming State Constitution to be the supreme law of Uinta County. Those Documents contain the ultimate protections for the right of Uinta County citizens in regard to the custom, culture, economic viability, social stability and quality of life and they guarantee our freedoms to pursue activities protected by those rights.”

According to Larson Tuesday, in addressing the NACs, the Coalition was “concerned about a new threat to property rights, both private and federal, if the proposed NACs are approved.” Larson also said these types of conservation easements have already been approved in Wyoming. He said a big question is “how are the rights acquired” by the NYSE’s Natural Asset Companies and how are private and federal property rights protected on this issue.

This action, according to Larson, also plays into the hands of the 30x30 proposal by the Biden Administration in early May 2020. The 30x30 plan by the President's executive order is to commit to conserving at least 30% of land and water by the year 2030.

In addition, U.S. Rep. Harriet Hageman, with 32 other U.S. House Representatives, sent a letter, Dec. 15, to Gerding questioning the proposed NACs listings and saying the proposal would drastically alter land ownership and priorities.

Technically, easements are sold by saying they are to, “conserve open spaces and working landscapes by limiting residential and commercial development or subdivision of land. Easements can also protect important wildlife habitat. Landowners can benefit financially from easements through a reduced tax burden when the landowner donates the easement or through direct payment for the loss of development rights.”

The concern enters, according to Larson, is the ground can be locked up by the easement and then can be sold to another party or entity, which does not even have to be in the United States.

According to American Farm Bureau Federation (AFBF) President Zippy Duvall recently, AFBF was very aggressive in talking to the administration about the possible implications of the 30x30 plan. He said, “We'll keep watching like a hawk to ensure their ideas translate to responsible policy."

To reach the 30% target, it would require adding an additional area twice the size of Texas, or more than 440-million acres. Duvall says farmers and ranchers have already enrolled 140-million acres in conservation programs, adding that's the size of New York and California combined. The 30x30 policy if enacted would vastly impact the western half of the United States as that is where the majority of open federal land is located.