Conservation Corner: February 11, 2002

Sign-Up For Floodplain Easements Program Announced
by James L. Cummins

USDA's Natural Resources Conservation Service (NRCS) will take applications to purchase easements on eligible floodplains through March 1, 2002. The purpose of these easements is to restore, protect, maintain and enhance the functions of the floodplain; conserve natural values including fish and wildlife habitat, water quality, flood water retention, ground water recharge and open space; reduce long-term federal disaster assistance; and safeguard lives and property from floods, drought and the products of erosion.

According to Clarke Reed, Chairman of the Mississippi Fish and Wildlife Foundation, "Wildlife Mississippi has worked hard to obtain this program for Mississippi. I hope everyone will learn about it and, if the opportunity exists, apply for financial assistance through it." Floodplains are valuable to different people for different reasons. Some prize them for the rich wildlife and fish resources found there. Others see floodplains as important areas for sediment retention, ground water recharge and flood control. Small floodplains along streams and rivers provide places for animals to feed and reproduce. In these areas, small invertebrates occur in great numbers and become food for larger animals which, in turn, become food for even larger animals.

NRCS may purchase easements on any floodplain lands that have been impaired within the last 12 months or that have a history of repeated flooding (i.e., flooded at least two times during the past 10 years). Purchases are based upon established priorities. NRCS maintains a list of easement offers that meet basic eligibility criteria at the time of application. These offers continue to be eligible pending availability of funding.

A landowner voluntarily offers to sell to NRCS a permanent conservation easement that provides NRCS with the full authority to restore and enhance the floodplain's functions and values. In exchange, a landowner receives a value based on a market appraisal analysis for agricultural uses or assessment for agricultural land.

NRCS may pay up to 100% of the restoration costs. To the extent practicable, NRCS actively restores the natural features and characteristics of the floodplain through re-creating the topographic diversity, increasing the duration of inundation and saturation and providing for the establishment of native vegetation.

Landowners retain five rights to the property, including the right to quiet enjoyment, the right to control public access, the right to undeveloped recreational use including hunting and fishing, the right to subsurface minerals and the right to title. Landowners may obtain authorization from NRCS to engage in other activities, provided that NRCS determines it will further the protection and enhancement of the easement's floodplain functions and values. While a landowner can realize economic returns from an activity allowed for on the easement area, a landowner is not assured of any specific level or frequency of such use and the authorization does not vest any right of any kind to the landowner. Cropping is not authorized and haying or grazing would not be authorized as a compatible use on lands that are being restored to woody vegetation.

For more information on assistance under the Floodplain Easement purchase program, contact your USDA Natural Resources Conservation Service office in your county.

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi.