Letter to Bruce Knight, Natural Resources Conservation Service, United States Department of Agriculture

February 4, 2003

Mr. Bruce Knight
Chief
Natural Resources Conservation Service
United States Department of Agriculture
Post Office Box 2890
Washington, D.C. 20013

Dear Mr. Knight:

I am writing to you regarding the rule proposed on October 29, 2002, that set forth implementation procedures for the Farm and Ranch Lands Protection Program (FRPP), formerly known as the Farmland Protection Program. When the United States Department of Agriculture's Natural Resource Conservation Service (NRCS) develops its final rule, I hope that you will take into account the needs of New York and the successful programs in the State that have been working for decades to protect farmland.

Farmland preservation is crucial to maintaining our agricultural communities in many regions of New York State and across the country. FRPP funds are used for sustaining open, green space for all to enjoy, and our nation is at a critical juncture in preserving farmland for future generations. New York State has 30 years of history in protecting working agricultural lands, with Suffolk County boasting the nation's first program to purchase development rights. With long-standing programs in place, I hope that the FRPP final rule takes into account the wealth of experience and knowledge already possessed by local and state programs in New York. Without time limitations, the financial investment that a farmland protection program has made for preservation and conservation of farmlands should be taken into account when determining selection criteria. Further, NRCS should work with existing farmland protection programs that have demonstrated success and build on their experience.

The need and desire to preserve farmland, particularly in New York State, is tremendous. Development pressures and urban sprawl are making it difficult for agricultural producers to maintain their livelihoods on the land. New York State's Natural Resource Conservation Service (NRCS) found that there are nearly 19,000 acres of working farmland in New York that are already under significant development pressure, corresponding to at least $95 million in potential requests for farmland protection assistance. Yet without financial assistance through the FRPP, farmers, local governments and land trusts will not be able to compete with private developers. Some of our most valuable and economically viable farmlands are on the rural-urban fringe where land values are very high; however, these high land values should not penalize an applicant for reimbursement under FRPP.

Agriculture in New York State is a rich and diverse industry. In 2001, agriculture added $3.4 billion to the State's economy while the production, processing, distribution and marketing of food employs nearly 1 million New Yorkers. Agricultural enterprises include field crops like corn and wheat. New York agriculture also boasts fruits, vegetables, horticultural specialties, livestock, maple sap, Christmas trees, aquaculture products, woody biomass, and more. State law acknowledges this great diversity, and I hope that NRCS will develop procedures to allow the lands that produce such a variety of commodities to be eligible for protection.

Agricultural lands that have been protected by a conservation easement depend upon a continued partnership between the landowner, cooperating entity and NRCS. I urge NRCS to develop the final rule in a manner that encourages participation of landowners and fosters a sense of cooperation. In order to facilitate these types of partnerships, charitable donations by landowners to defray the cost of establishing a conservation easement should be rewarded as was the intention of the 2002 Farm Bill. Further, partnerships are based on trust and understanding, so I hope that the final rule will consider the needs of all parties involved in a conservation easement by providing reasonable rights of access.

Finally, predictability of funding has been a challenge for state and local farmland protection programs in New York. It is difficult for entities to make budgetary decisions and allocate their own precious financial resources when the amount of available federal cost-sharing funds is not known well in advance. This uncertainty hampers the ability of cooperating entities such as local governments and non-profit land trusts to make competitive bids for the purchase of development rights, further jeopardizing our efforts to protect valuable farmland. I hope that NRCS will be able to address this challenge in order to improve on this valuable conservation program's ability to save viable farmlands from development.

New York State has a great diversity of agriculture that has benefited from a strong history of farmland protection. Federal programs like FRPP are invaluable in assisting preservation efforts by augmenting local financial resources. I urge NRCS to develop a final rule that will encourage local efforts to fight development pressures and sustain agricultural communities in New York and across the country.
Sincerely,

Hillary Rodham Clinton