Fall 2004 Volume 13, Number 2
NATIONAL WOODLAND OWNERS ASSOCIATION’S TOP TEN PRIVATE FORESTRY ISSUES OF 2004-2005
from the August issue of Woodland Report
1. FAIR INCOME, INHERITANCE & PROPERTY TAXES
Rating Range: 1 - 3, Last year’s rank: #1
Taxes of all kinds have been the number one issue among landowners for 17 of the past 19 years. After years of intensive effort with the U.S. Congress, both the annual deduction of most reforestation expenses and capital gains recognition for “lump sum” timber sales was expected to pass in 2004. The capital gains correction is still possible in this election year, but the reforestation credit improvement will likely have to wait until next year.
NWOA SUPPORTS FEDERAL AND STATE CAPITAL GAINS TREATMENT FOR TIMBER WITH AN INFLATION ADJUSTMENT. WE URGE RESTORATION OF THE FORESTRY EXPENSE DEDUCTION, THE REPEAL OF ESTATE AND INHERITANCE TAXES, AND THE ADOPTION OF BENEFIT/ COST PROPERTY TAX RATES (no more than $3 acre/year).
2. WILDFIRE AND FOREST HEALTH
Rating Range: 1 - 6, Last year’s rank: #6
Small landowners can only afford small fires. Wildfires present the potential of destroying a lifetime investment in one afternoon. NWOA has long worked to restore for earliest detection (often involving the use of lookouts) and aggressive initial attack. We also support effective forest health monitoring and effective action to control insect and disease outbreaks. Newly identified invasive species can be both harmful to forest health and provide increased fire hazard.
NWOA RECOGNIZES THE DIFFICULT CHOICES FACING FIRE FIGHTERS IN DEAD AND DYING FORESTS AND IN WILDLAND-URBAN SITUATIONS. PROBLEMS CAN BE REDUCED THROUGH FUEL MANAGEMENT, EFFECTIVE ACCESS, EARLY DETECTION AND USE OF FIRE PLANS. INVASIVE SPECIES ARE A PROBLEM NEEDING ADDITIONAL CONTROL EFFORTS.
3. MARKETS, MILLS AND FAIR TRADE
Rating Range: 1 - 8, Last year’s rank: #5
NWOA’s long-standing position on international fair trade in forest products continues to be tested in the debate over softwood lumber imports from Canada. The import duties that have been imposed on most Canadian softwood lumber are being appealed by the Canadian government and U.S. builders. The export of domestic logs provides a significant market for private timber. NWOA believes that free markets operate best with minimal government control.
AMERICA HAS A WORLDWIDE ADVANTAGE IN TIMBER GROWING AND IS A PROVEN LEADER BY EXAMPLE OF SUSTAINABLE FORESTRY. NWOA SUPPORTS FAIR ACCESS (EXPORTS AND IMPORTS) TO WORLD MARKETS AND APPROPRIATE MEASURES TO MAINTAIN PRODUCTIVITY AND DIVERSITY OF DOMESTIC MILLS.
4. PRIVATE PROPERTY RIGHTS
Rating Range: 1 - 7, Last year’s rank: #2
Perennially a hot topic with private landowners, individual private property rights continue to be modified by societal public interest. NWOA calls attention to the importance of these property rights and the responsibilities they carry. We are the only national landowner organization that has produced a Woodland Responsibility Code, and it has been adopted by 26 affiliated state landowner associations. The property rights movement emphasizes the importance of uniquely American concepts of private property, and still the courts hold that no “takings” occur until landowners lose a considerable bundle of rights. The level is unspecified, but appears to be about 80%.
NWOA SUPPORTS COMPENSATION FOR TAKINGS OF AT LEAST 50% OF FAIR MARKET VALUE AND MORE WHEN JUSTIFIED.
5. GAINING SHARING AND INCENTIVES
Rating Range: 1 - 8, Last year’s rank: #7
NWOA has long endorsed cost sharing (federal, state and private) and forest practice incentives (taxes, zoning, easements). Other costshare programs are available for wildlife and watershed improvements.
NWOA SUPPORTS THE FOREST STEWARDSHIP PROGRAM, FOREST LAND ENHANCEMENT (FLEP) AND THE FOREST LEGACY PROGRAM. EACH STATE IS ENCOURAGED TO DEVELOP PROJECTS ACCORDING TO THEIR NEEDS. COSTSHARING AND OTHER INCENTIVES ARE A PROVEN TOOL TO ENCOURAGE PRIVATE LANDOWNERS TO INVEST IN SUSTAINABLE FORESTRY PRACTICES.
6. EXTENSION EDUCATION AND SERVICE FORESTRY
Rating Range: 2 - 8, Last year’s rank: #4
Investment in forestry education (e.g., Master Woodland Managers) through the Extension Service and cooperating state and local agencies (who put up $5 for every federal $1) yields a good return to society through improved forest productivity. Woodland owners benefit from multiple sources of forestry advice, including consulting foresters. State service foresters, industry landowner assistance, and Extension forestry.
NWOA SUPPORTS APPROPRIATIONS FOR EXTENSION FORESTRY EDUCATION UNDER THE RENEWABLE RESOURCES EXTENSION ACT (RREA) AND OTHER PROGRAMS. PUBLICLY FUNDED SERVICE FORESTRY ADVICE THROUGH STATE FORESTRY OR OTHER AGENCIES IS ENDORSED AS WELL AS INDUSTRY AND PRIVATE CONSULTING FORESTRY.
7. RIGHT-TO-PRACTICE FORESTRY
Rating Range: 3 - 8, Last year’s rank: #2
The RIGHT-TO-PRACTICE FORESTRY is one of the original issues NWOA recognized when these priorities were first circulated 19 years ago. This is a state, not a federal, issue and there are 50 different responses possible. Most landowners cannot imagine public laws that could be enacted that would severely limit, or even prohibit, their right to harvest forest products on their own taxpaying land, but it can and does happen.
NWOA ENDORSES THE ENACTMENT OF STATE AND LOCAL LAWS THAT RECOGNIZE THE BENEFITS OF GOOD FOREST PRACTICES AND THE RIGHTS OF LANDOWNERS TO GROW AND HARVEST TREES.
8. LANDOWNER LIABILITY
Rating Range: 2 - 9, Last year’s rank: #8
With more people moving into rural areas, private landowners are experiencing trespass, dumping and unwanted public use of their property and may be liable for damages related to both authorized and unauthorized public use. Liability is addressed in state law, not federal.
ALL STATES MUST ENACT EFFECTIVE LANDOWNER LIABILITY STATUTES THAT SHIELD PROPERTY OWNERS FROM UNREASONABLE NUISANCE LAWSUITS. NWOA URGES INSURANCE COMPANIES TO OFFER AFFORDABLE VACANT LAND LIABILITY INSURANCE.
9. CERTIFICATION OF LOGGERS, FORESTERS, AND FOREST PRACTICES
Rating Rang: 5 - 9, Last year’s rank: #9
Although only 20% of landowners use a professional forester when selling timber, all of them use a logger. The SFI and most states have established Logger Training Programs in cooperation with state forestry associations, the Extension Service, the Forest Resources Association and the American Loggers Council. NWOA members may request an introductory visit from a certified consulting forester through the National Forestry Association.
NWOA RECOMMENDS USE OF CERTIFIED LOGGERS AND FORESTERS, AS WELL AS PARTICIPATION IN FOREST CERTIFICATION PROGRAMS OF CHOICE. (SFI, FSC, Green Tag).
10. FORESTRY ON WETLANDS — BEST MANAGEMENT PRACTICES
Rating Range 10 - 10, Last year’s rank: #10
Timber production is a compatible and appropriate use on the majority of privately-owned wetlands. Sec. 404 of the Clean Water Act recognizes silviculture as an appropriate practice. Landowners should apply Best Management Practices (BMPs) developed in all 50 states in their forestry operations.
FORESTRY IS A COMPATIBLE USE OF WETLANDS. WETLAND DEFINITIONS MUST BE CLEAR, REASONABLE AND NOT RESTRICTIVE OF FOREST MANAGEMENT. NWOA ENDORSES “IN-HOUSE” FORESTRY EXPERTISE WITHIN THE USDA NATURAL RESOURCES CONSERVATION SERVICE.