Participants in the "walk about" portion of the May 1998 workshop were given three colors of post-it flags, and asked to use a consensus model to guide their "voting" on these concepts, as follows:

1.     Green flag:  This is good; I agree

2.     Yellow flag:  I may not agree 100%, but I can live with it

3.     Orange flag:  I cannot agree; this needs major work

Responses are noted below for each concept.  Responses also are segregated according to the interest represented by the person doing the voting -- Landowner, representative of Government agency or Conservation organization, or Other interest (University of Florida, for example). Suggestions for edits and changes that were made at the workshop have been incorporated.   For a description of the discussions that took place regarding these concepts, please click on Workshop Report: May 1998.  Please note:   all participants did not vote on every concept.  Also, some flags were brushed against and fell off during the workshop, so were not included in the totals below.

Applying the Lease

1.  This program does not replace public land acquisition or any other conservation option.  It is designed to supplement and augment other existing conservation tools and options.

Responses: 

Green: 27 -- 10 landowner, 11 government, 1 landowner/government, 1 landowner/conservation, 1 conservation, 3 other

Yellow: none

Orange: none

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2.  This program will offer the opportunity to establish long-term management plans on many thousands of acres of habitat that may never be protected through any other means, nor prevented through any law, rule, regulation or limitation on private property rights from being converted to uses that could destroy most or all of their habitat value.

Responses: 

Green: 14 -- 5 landowner, 6 government,1 landowner/government, 2 other

Yellow: 4 -- 3 government, 1 conservation

Orange: 2 -- 1 government, 1 other

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3. This program is designed to work together with and advance the management objectives of other existing conservation options and tools -- including public land acquisition, less-than-fee acquisition (including conservation easement and purchase of development rights programs), the "Safe Harbors" provisions that have been proposed for addition to the Endangered Species Act and the incentive programs contained  in the 1996 Farm Bill.  (To see a summary of other conservation options and tools, click on your choice:  | Other Conservation Options | or | 1996 Farm Bill Incentive Programs |).

Responses: 

Green: 19 -- 9 landowner, 6 government, 1 landowner/government, 1 landowner/conservation, 1 conservation, 1 other

Yellow: none

Orange: none

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4.  The Private Habitat Conservation Lease is based on a standard agricultural lease.  The habitats, natural areas and other natural resources covered by the lease are treated in the same way in which any other agricultural commodity would be treated in terms of the responsibilities and obligations of the Lessee and Lessor.  Hence, the basic thrust of the lease should be familiar to most agricultural landowners and/or their attorneys.  The key differences are listed in #5, #6 and #7 below:

Responses: 

Green: 12 -- 6 landowner, 2 government, 1 landowner/government, 1 landowner/conservation, 1 conservation, 1 other

Yellow: 4 -- 4 government

Orange: none

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5.  Initial lease term will be for 25 years.

Responses: 

Green: 11 -- 4 landowner, 5 government, 1 landowner/government, 1 conservation

Yellow: 12 -- 6 landowner, 4 government, 1 landowner/conservation, 1 other

Orange: none

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6.  Lease will automatically renew on year-to-year basis if notice to terminate is not received.

Responses: 

Green: 5 -- 2 landowner, 2 government, 1 landowner/government

Yellow: 15 -- 5 landowner, 6 government, 1 conservation, 1 landowner/conservation, 2 other

Orange: none

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7. A 5-year transition period will be required after notice to terminate is received for parties to discuss disposition of the property in light of land use changes that have occurred during term of lease and land use rules and regulations that will be in effect at time of termination.

Responses: 

Green: 4 -- 1 landowner, 3 government

Yellow: 14 -- 6 landowner, 6 government, 1 landowner/government, 1 conservation

Orange: none

Comments Offered:

1. Yellow flag (landowner): 5 years is a long time.
2. Yellow flag (conservation): Penalties for lack of compliance.
3. What are the implications of severing lease early?
4. Penalties for early withdrawal from lease or breaking/failing to comply with lease (habitat management plans). Who will enforce?

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8.  The lease document, the tone of negotiations and the benefits that can be derived by entering into the lease must appeal to landowners, and make as many landowners as possible want to participate in program.

Responses: 

Green: 22 -- 9 landowner, 9 government, 1 landowner/conservation, 1 other

Yellow: 1 -- 1 conservation

Orange: none

9.  Many leases = large conservation benefit.

Responses: 

Green: 14 -- 5 landowner, 7 government, 1 landowner/conservation, 1 other

Yellow: 2 -- 2 government

Orange: none

10.  Few leases = small conservation benefit.

Responses: 

Green: 16 -- 7 landowner, 4 government, 2 landowner/government, 1 landowner/conservation, 2 other

Yellow: 2 -- 2 government

Orange: none

Comments Offered:

1. On 9 & 10 - Not necessarily so. I would suggest that a few well positioned leases that cover large intact habitat will be more valuable than a 100 small fragmented leases. [Note: This program has been aimed from its onset primarily to landowners who control 100 acres or more contained in a contiguous parcel of land.  For example, 168 private landowners presently control 926,000 acres of Priority 1 and Priority 2 habitat for the endangered Florida panther in southwest Florida.)

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11. Public access to private lands subject to the leases is not required as a condition of the leases. In the exceptional case where a landowner is willing to allow public access for specific purposes, such access should be negotiated with each individual landowner in a manner acceptable to the landowner, who may receive additional compensation over and above the base payments provided in the lease agreement.

Responses: 

Green: 25 -- 12 landowner, 7 government, 1 landowner/government, 1 landowner/conservation, 1 conservation, 2 other, 1 conservation/other

Yellow: 3 -- 3 government

Orange: none

Comments Offered:

1. Leave off after last "landowner."  Strike statement on additional compensation.

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12.  It is agreed that some level of monitoring is necessary; however, the specific details should be site specific and negotiated with each individual landowner.

Responses: 

Green: 18 -- 8 landowner, 8 government, 2 other

Yellow: 7 -- 3 landowner, 2 government, 1 landowner/government, 1 landowner/conservation

Orange: 2 -- 1 conservation, 2 other

Comments Offered:

1. Orange flag (conservation): Independent monitoring to ensure conservation benefit.
2. Orange flag (other): How about independent monitoring?
3. Regarding independent monitoring - If the property was acceptable in its given condition and habitat can be monitored by satellite why would more monitoring be necessary?
4. There should be standard benchmarks established for compliance monitoring.
5. Compliance monitoring should have a standard minimum requirement if public money is used for the lease.
6. This problem can be negotiated.

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13. The following text will be revised.  This program is proposing a change in social behavior, and in public and private perception of the relationships between private landowners and government agencies. Both sides have valid basis for caution and new tools are needed to try to mend some old fences. The wording of this section was not deemed adequate to express what needs to happen. A thoughtful, careful and precise discussion needs to be held. How this relationship is developed is a critical component in the success of this program -- the whole key is the relationship between the private landowner and the government.  This relationship must be crafted carefully to make it a good one.

Specific suggestions on how the following text should be reworded are welcome.  The text presented at the workshop read: It must be understood from the onset that "business as usual" will not work. Individuals from land trusts and agencies involved in negotiations with landowners must work to understand the motivations of private landowners -- their desire to to be left alone, to pursue the quiet and peaceable enjoyment of their property, to be given a goal to work toward (maintaining and improving habitat on their property) and to be rewarded for the actions they take in that regard.  If the leases are perceived as another layer of regulation, or contain lengthy lists of "do's and don'ts" governing every aspect of a landowner's behavior, and give the impression that every action is going to be watched and measured, they won't be accepted and won't work.

Responses to original text: 

Green: 17 -- 10 landowner, 4 government, 1 landowner/government, 2 other

Yellow: 5 --  4 government, 1 other

Orange: 2 --  1 government, 1 conservation

Comments Offered:

1. Orange flag (government): Leave off sentence beginning with "If the leases are perceived ..." Financial remuneration for habitat protection will entail obligations and responsibilities.
2. This is very much a philosophical element ... but one that is extremely important.  In general, there has been a lack of respect for private landowners, especially agricultural landowners, by government agencies that must be remedied.

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14.  Most properties on which a lease agreement may be considered will have high conservation values for one or more reasons.  They may be identified as candidate properties for public acquisition, or for action of some type so their conservation values can be "protected."   These values may be perceived to be "at risk" because of encroaching development, future intensification of land use and/or because the lands that provide these conservation values are in diminishing supply in the state or region where the properties are located.   In most cases, the properties will have high conservation values, not because of any past or current government action, but because the management practices of the current landowners -- and/or preceding generations of landowners -- have allowed these conservation values to exist, coexist or even flourish in concert with economic use of the land.  The properties also will have landowners who are motivated to maintain these conservation values, but who do not want to sell their properties to a land trust or government agency and are not interested in -- or ready to accept -- the restrictions, complexities, costs or permanent nature of a conservation easement or sale of development rights.

Responses: 

Green: 25 -- 11 landowner, 8 government, 1 landowner/government, 1 landowner/conservation, 1 conservation, 3 other

Yellow: 2 -- 2 government

Orange: none

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15. The lease should give a landowner the responsibility and obligation to ensure that the habitats and/or other identified conservation values on his/her property continue to be well-managed. The lease also should include guidelines to help the landowner succeed and make technical assistance available on request.  However, the landowner must be given the latitude to excel via his or her own ingenuity, effort and initiative, and to test concepts that, at first, may not work.  Penalties for the landowner who does not honor his or her commitments and obligations under the lease, or who knowingly damages or destroys habitat or another identified conservation value, should be clear. The emphasis, however, should not be on "do's and don'ts," but on encouraging the landowner to take extra efforts to improve and even expand habitats and other conservation values, and on rewarding the landowner for these efforts.

Responses: 

Green: 24 -- 12 landowner, 7 government, 1 landowner/government, 1 landowner/conservation, 2 other, 1 conservation/other

Yellow: 5 -- 3 government, 1 conservation, 1 other

Orange: none

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Creating a Partnership

Purpose of this section:  Stress cooperative working relationship.  Encourage both parties to take steps to understand the needs, motivations and objectives of other party.  Your suggestions for points -- or specific language -- that could be included in this section are welcomed and encouraged.

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Negotiating the Lease

What steps should be taken?  What approach -- and attitude -- should be encouraged?  What is the best way to ensure successful negotiations, with broad-based appeal to landowners, and broad-based acceptance by environmental interests and government agencies?  Your suggestions for points -- or specific language -- that could be included in this section are welcomed and encouraged.

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