Chapter 1—Introduction and Project Description siie Ro© J Ro© siie The NCCA and PBCA together constitute a landscape-level strategic habitat conservation initiative to protect wildlife and fisheries resources and habitat in a segment of the Missouri River ecosystem in northeast Nebraska and southeast South Dakota. The Lewis and Clark expedition—the Corps of The Niobrara Confluence Conservation Area Volunteers for Northwest Discovery—which set out (NCCA) and Ponca Bluffs Conservation Area to explore the Missouri River basin, was one of our (PBCA) together constitute a landscape-level strate- Nation’s most famous and influential explorations. gic habitat conservation initiative to protect wildlife Indeed, this expedition facilitated the great west- and fisheries resources and habitat in a segment of ward expansion of the nineteenth century. Since the Missouri River ecosystem in northeast Nebraska those early days, the Missouri River and its tributar- and southeast South Dakota. These areas have been ies—constituting the Nation’s longest and greatest identified as supporting or linking important habitat river basin—have occupied a unique place in Ameri- for Federal trust species like pallid sturgeon and pip- can history. In preserving both our national history ing plover. The purpose of this project is to maintain and our natural resources, we Americans ensure that and enhance habitats for present and future human we have an understanding of ourselves as individuals generations and the survival of Federal trust species and as Americans. Such understanding equips us to (defined as migratory birds, species listed as threat- work toward the betterment of our communities ened or endangered under the Federal Endangered through economic participation, public service, volun- Species Act of 1973 [ESA], and certain fisheries) by teer work, and other such efforts to improve the qual- working with willing landowners. ity of life and preserve the irreplaceable gems of our This land protection plan (LPP) complements heritage. existing landscape-scale conservation partnerships 156 Draft LPP—Niobrara Confluence and Ponca Bluffs Conservation Areas, Nebraska and South Dakota already established in the ecosystem. Two examples ■■ Partnerships and collaboration—develop are the Missouri River Ecosystem Restoration Plan and foster partnerships with local landown- (MRERP) and the Missouri River Recovery Pro- ers, communities, tribes, and others by gram (MRRP). offering financial incentives, sharing knowl- We—the U.S. Fish and Wildlife Service (FWS) edge, or collaborating on projects with eco- and the National Park Service (NPS)—have devel- logical benefits. oped this draft LPP to provide alternatives and iden- tify impacts for the development of increased ■■ Ecological and river functionality— conservation efforts with willing landowners along increase river and ecological functionality the Missouri River in northeast Nebraska and south- by improving water and air quality, main- east South Dakota. taining healthy native plant communities such as cottonwood galleries, increasing floodplain connectivity, promoting active channel processes, and reducing flood risk. 1.1 Project Description ■■ Cultural resources—in consultation with our partners, locate, document, and evalu- This LPP has been developed to afford us the ate cultural resources and encourage pres- authority to develop conservation easements with ervation and interpretation when private landowners or to purchase land in fee title. appropriate. This plan is designed to work in partnership with willing landowners only. We would work toward ■■ Recreational opportunities—increase rec- increasing river functionality by maintaining and reational opportunities for residents and protecting native habitats along and surrounding the visitors. Missouri River and its tributaries. The vision for this project is stated below. ■■ Wildlife, fisheries, and their habitats—sup- port the recovery and protection of threat- ened and endangered species and reduce the Through collaboration with landowners, likelihood of future listings under the ESA, communities, tribes, and other agencies, while continuing to provide migration habi- the Niobrara Confluence and Ponca Bluffs tats for millions of migrating birds and habi- Conservation Areas will provide sustain- tats for resident fish and wildlife able ecological and economic benefits populations. within the middle Missouri River basin by The locations of the proposed conservation areas maintaining native riparian and upland are shown in figure 1. Table 1 shows the acquisition habitats that increase river functionality goals for each conservation area. and recreational opportunities. The following goals have been established for the proposed areas: 1.2 Purpose of and Need for the ■■ Local economies and tourism—help sus- Land Protection Plan tain local economies through preserving working farm and ranch landscapes and The purpose of the LPP for the NCCA and PBCA conserving lands, both of which will attract is to outline a landscape-level strategic habitat con- tourists from across the Nation. servation initiative in partnership with willing land- Table 1. Acquisition goals in the proposed Niobrara Confluence and Ponca Bluffs Conservation Areas, Nebraska and South Dakota. Conservation area Conservation easement acres Fee title acres Total acres Niobrara Confluence Conservation Area 64,000 16,000 80,000 Ponca Bluffs Conservation Area 48,000 12,000 60,000 Chapter 1—Introduction and Project Description 157 F ig u r e 1 . B o u n d a r ie s o f t h e p r o p o s e d N io b r a r a C o n fl u e n c e a n d P o n c a B l u f f s C o n s e r v a t io n A r e a s , N e b r a s k a a n d S o u t h D a k o . 158 Draft LPP—Niobrara Confluence and Ponca Bluffs Conservation Areas, Nebraska and South Dakota owners to protect wildlife and fisheries resources and title acquisition removes the property from the local habitat in the Missouri River ecosystem in northeast tax base, and though there are mechanisms in place Nebraska and southeast South Dakota. These areas to offset that (like Refuge Revenue Sharing [RRS] have been identified as supporting or linking impor- and Payment in Lieu of Taxes [PILT]) we recognize tant habitat for Federal trust species like pallid stur- the effect this loss can have on local counties. Accord- geon, piping plover, and migratory birds. The ingly, we have established a goal to use conservation purpose of this project is to work with willing land- easements for 80 percent of land protected while owners to maintain and enhance habitats for present reserving fee title for purposes described in section and future human generations and the survival of 1.7 of this chapter and chapter 4 of the LPP. Federal trust species (defined as migratory birds, species listed as threatened or endangered under the ESA, and certain fisheries). The need for this project is to provide us with the authority to develop conser- vation easements with or purchase land in fee title Establishing Purposes from willing landowners. The following purposes, identified from existing The basic considerations in acquiring an easement law, have been acknowledged for the FWS to estab- interest in private lands are the biological signifi- lish the conservation areas: cance of the area, biological requirements of the wild- life species of management concern, existing and ■■ “for any other management purpose, for anticipated threats to wildlife resources, and land- migratory birds” 16 United States Code owner interest in the program. It is our long-estab- (U.S.C.) 715d (Migratory Bird Conservation lished policy to acquire the minimum interest in land Act). from willing landowners that is necessary to achieve habitat protection goals. ■■ “the conservation of the wetlands of the Nation in order to maintain the public bene- fits they provide and to help fulfill interna- tional obligations contained in various migratory bird treaties and conventions” 16 Conservation Easements U.S.C. 3901(b), 100 Stat. 3583 (Emergency Easements are valuable conservation tools that Wetlands Resources Act of 1986). have been extensively employed in the Prairie Pot- hole Region of South Dakota, North Dakota, Mon- ■■ “for the development, advancement, man- tana, Minnesota, and throughout the larger Missouri agement, conservation, and protection of River basin by other organizations to maintain vari- fish and wildlife resources” 16 U.S.C. 742a ous conservation values. Easements involve the et seq. (Fish and Wildlife Act of 1956). acquisition of certain rights to the property, such as the right to alter natural vegetative cover or develop ■■ “and land, or interests therein, which are certain types of new infrastructure, while leaving suitable for: (1) incidental fish and wildlife- the land title in the hands of the private property oriented recreational development, (2) the owner. protection of natural resources, (3) the con- Easements tend to be a cost-effective and socially servation of endangered species or threat- and politically acceptable means of habitat conserva- ened species listed by the Secretary tion. Many of the ongoing agricultural land use prac- pursuant to section 1533 of this title, or (4) tices are consistent with wildlife resource protection, carrying out two or more of the purposes and the use of easements would help ensure continu- set forth in paragraphs (1) through (3) of ation a strong and vibrant rural lifestyle. this section…” 16 U.S.C. 460(k) (Refuge Recreation Act, as amended). The following purposes, identified from existing law, have been acknowledged for the NPS to increase Acquisition in Fee Title acquisition authority: Although the initial costs for fee-title acquisition and the recurring costs for annual management of ■■ “The service thus established shall promote such areas are more costly than those involved with and regulate the use of the Federal areas conservation easements, fee-title acquisition typically known as national parks, monuments, and offers increased security and protection for riparian, reservations hereinafter specified by such upland, scenic, and recreational areas.