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Congress Extends Highway Bill and Recreational Trails Program
As most of you know, every several years, Congress passes a multi-year national surface transportation bill. This bill funds transportation projects and programs such as the Recreation Trails Program (RTP), which provides money for state and local trail projects.
SAFETEA-LU, the current highway bill, was set to expire earlier this year. Because Congress has to date been unable to pass a new highway bill the current law has been extended. The extension is set to expire on February 28, 2010.
The Recreational Trails Program, which provides funding directly to the states for trails and trail related facilities for both non-motorized and motorized recreational trail uses, will have to be re-authorized in the next surface transportation bill if it is to continue. The RTP is one of the few sources of federal funding of trail projects that are not on federal land. The program is a great resource for equestrians to fund projects in their state and local parks. A broad coalition of recreational users including the American Horse Council has been working to ensure RTP is included in any national highway bill passed by Congress. It is essential that we also contact our state representatives to make sure our voice is heard in Washington !
The Enhanced Tax Incentive for Donations of Conservation Easements has Expired as of 01/01/2010
It is expected that the Congress will reinstate the enhanced deduction for easement donations in 2010, and will make the incentive retroactive to January 1st. Both the House and Senate say they will do this early in 2010. However, the Congressional schedule is not predictable and we need to keep up our work in contacting our state representatives to make sure they know this important deduction needs to made permanent so potential easement donors will know how the law reads during the time it takes them to plan a donation.
In Other News…..
June is Great Outdoors Month!
June 5th is National Trails Day. It is not too early to start thinking about organizing or participating in a trail maintenance project. Work with your land manager to identify a project on which you can participate, or use this link to find projects near you.
June 12th is National Get Outdoors Day. Take this chance to invite your elected or agency official to get involved in a horse related activity such as asking them to be a celebrity judge at a horse show, get them on a horse and out on your favorite trail, or cut the ribbon at a new trail. Take their photo and issue a press release promoting the activity and their participation. They get to experience the equine lifestyle and you get a potential partner in helping you in saving land for those great horse related activities! For more information go to:
http://www.nationalgetoutdoorsday.org/
There is some federal legislation important to land owners, which deserves your attention and action. The enhanced tax deduction for conservation easement donations has helped America ’s land trusts work with farm owners, ranchers and other modest-income landowners to increase the pace of land conservation by at least 250,000 acres a year. However, unless Congress acts, this important conservation tool will expire at the end of December.
Help secure support in the House of Representatives for the Conservation Easement Incentive Act (H.R. 1831) and in the Senate, for the Rural Heritage Conservation Act (S. 812). Both bills make the easement incentive permanent. As of this writing, 224 Representatives and 27 Senators have already signed on as co-sponsors. We are making good progress, but need a little more help from horsemen on this issue. You can reach your Member of Congress by calling the Capitol Switchboard at 202-224-3121. Ask to speak with the staffer who handles tax issues and tell them you would like your elected official to co-sponsor the appropriate bill named above.
The Recreational Trails Program (RTP) and Transportation Enhancements (TE) are expected to continue as is for now. RTP and TE are funded through SAFETEA-LU, which expires on September 30, 2009; an extension is expected. Thanks to all who made calls to their elected officials a couple weeks ago, we were able to successfully fend off the recent amendments, which would have wiped out TE funding. The US Department of Transportation proposed to extend the current authorization (with no policy changes) for 18 months. Check the news scroll at www.ELCR.org periodically for the most current information.
Another bill worthy of support by equestrians is the Complete America's Great Trails Act (H.R.1912) that was introduced by Representative Gerry E. Connolly (D-VA) and Representative Cynthia Lummis (R-WY). This bill would create a new tax credit for private landowners who grant a conservation easement to a National Scenic Trail (NST), which crosses their property. If enacted, this tax credit will provide an incentive for landowners to establish easements and complete NSTs. Trail easements such as these will open many more miles of NSTs to the public and users of NSTs will be assured access to those portions of NSTs.
Estate Tax Package Heads to the Senate
The Senate's work on the estate tax may be our best remaining opportunity to get the easement incentive made permanent this year, and Land Trust Alliance is working to get it included as part of a package of measures to mitigate the impact of estate tax on agricultural landowners.
You can help make your Senators aware of this issue:
- Call the Capitol Switchboard at 202-224-3121 and ask for each of your Senators.
- Ask for the staff member who handles taxes, tell them about the easement incentive and urge them to co-sponsor S. 812 by contacting Tiffany Smith at the Senate Finance Committee. (Click here to see if your Senator is already a co-sponsor, and if so, thank them!)
- Suggest that the estate tax package could be a suitable vehicle to make the easement incentive permanent before it expires December 31st. Conservation easements have long been important in estate planning.
- Ask for their email address and follow up with a fact sheet and some personal anecdotes about the incentive.
Land Trust Alliance has also talked to several key Senators about including Senate versions of H.R. 3050 (expanding the estate tax exclusion for land under easement) and H.R. 3525 (deferring estate tax on farmland). Click here for a fact sheet that discusses all three bills in the context of an estate tax package.
House Extenders Package
Next week, the House expects to take up a bill to extend for one year virtually all the tax laws due to expire December 31st. A one-year extension of the tax incentive for conservation easements is included in the most recent draft of that bill! An extension of the IRA Charitable Rollover is also included.
It may be a challenge to get the extenders (or any other tax bill) enacted before the end of 2009, but even if the incentive expires on December 31st, there's a very good chance it will be extended retroactively at some point in 2010. Land Trust Alliance realizes this degree of uncertainty puts landowners in a very difficult position -- that's why they’re working so hard to make the incentive permanent.
We'll keep you updated as the extenders package proceeds, but we are focusing our efforts on the estate tax package -- our best chance to secure permanence for the easement incentive.
H.R. 1831 and S. 812 Co-sponsors Added Since Last Update:
- Rep. Brian Baird (D-WA/3rd)
- Senator Dianne Feinstein (D-CA)
- Senator Patrick Leahy (D-VT)
Click here for the full list.
Thank you!
Carol Hienzsch
Equestrian Partners Coordinator
Equestrian Land Conservation Resource
4037 Iron Works Parkway, Suite 120
Lexington KY 40511
(859) 455-8383 -Ph
(859) 455-8381 -Fx
chienzsch@elcr.org
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