Answers to the most frequently asked questions about the Rocky Mountain Elk Foundation’s Lands Program

Q: WHAT TYPES OF LAND PROJECTS DOES THE ELK FOUNDATION BECOME INVOLVED IN?
A: The Elk Foundation focuses on land that protects key elk winter and summer ranges, calving areas, and migration corridors. The Elk Foundation also focuses on lands adjacent to public or already conserved lands to link together large protected areas for wildlife. The Elk Foundation also examines the diversity of wildlife, recreational opportunities, habitat health, and threats to habitat when considering a potential land project. All of these biological, social and economic factors are weighed using the Elk Foundation’s best tools for conservation planning. Through its M.A.P. Habitat™ GIS (Geographic Information Systems) mapping program, the Elk Foundation uses the best available on-the-ground data to identify the areas most critical for wildlife.

Q: WHO DECIDES WHAT LAND PROJECTS THE ELK FOUNDATION BECOMES INVOLVED IN?
A: Anyone (including volunteers, state and federal wildlife officials, landowners, and staff) can bring land projects to the Elk Foundation’s attention. The Elk Foundation’s Lands Department staff investigates its feasibility, which may include consulting with appropriate state and federal agencies, county commissioners, and other stakeholders for their recommendations. The project then proceeds to the Elk Foundation’s Lands and Conservation Board Committee and, if recommended, on to the Executive Committee or full Board of Directors for final approval.

Q: WHAT TYPES OF PROJECTS DOES THE ELK FOUNDATION'S LANDS PROGRAM DO?
A: The Elk Foundation’s Lands Program focuses on six project types:

• Fee Title Acquisitions: The Elk Foundation purchases land to conserve its wildlife values. These lands are usually sold to a state or federal agency or placed under a conservation easement and conveyed to a conservation buyer. The Elk Foundation generally does not retain ownership of land.
  
• Conservation Easements: A conservation easement is a voluntary legal agreement with a property owner, identifying the uses that may occur on their property. While permanently protecting wildlife habitat, conservation easements also meet the needs of landowners by helping them retain ownership of their land, protect their property for their heirs, and they usually provide income, estate and gift tax benefits. Conservation easements are typically donated to the Elk Foundation. The Elk Foundation may place a conservation easement on a property it owns and then resell the property with the conservation easement in place.
  
• • Real Estate Donations: The Elk Foundation may accept donations of land or real estate. If the property lacks habitat value, the Elk Foundation may sell it and use the proceeds to fund other land conservation projects.
  
• • Conservation Buyers: Conservation buyers are people looking to purchase land who have a strong interest in maintaining wildlife habitat. The Elk Foundation assists conservation buyers in finding land with key habitat with the hope that they will protect the habitat after purchasing it by donating a conservation easement to the Elk Foundation.
  
• • Contributions: The Elk Foundation may contribute funds toward an acquisition or conservation easement by a state or federal agency or private organization. This funding can help generate additional habitat acquisition dollars through matching funding programs.
  
• • Land Exchanges: The Elk Foundation may assist with land exchanges between private landowners and public agencies to protect critical wildlife habitat. This process can help consolidate private and public ownership for more efficient management.
  

Q: DOES THE ELK FOUNDATION COOPERATE WITH OTHER CONSERVATION ORGANIZATIONS ON LAND PROJECTS?
A: Yes – Because of the high cost of land transactions, cooperating with other organizations that have strong wildlife conservation interests has proven to be a very effective approach.

Q: HOW ARE LANDS PROJECTS FUNDED?
A: The Elk Foundation raises funds by hosting big game banquets, chapter-based fundraising events, and other events; through donations from individuals, corporations, foundations, and partners; through local, state and federal land conservation programs; and through other Elk Foundation supporters.

Q: WHAT GUARANTEE DOES THE ELK FOUNDATION HAVE THAT THE LANDS THEY SELL TO STATE OR FEDERAL AGENCIES WILL BE MANAGED FOR WILDLIFE VALUES?
A: Government agencies generally will not accept title to a property if it is subject to special interest conditions, such as requirements on how a property will be managed. However, the Elk Foundation attempts to assist with management in the following ways:

• Lands sold to state agencies: The Elk Foundation sometimes may incorporate into the deed a right for the Elk Foundation to purchase the property back if the state agency ever decides to sell it. The Elk Foundation stays involved in the long-term management of elk habitat projects by playing a role in management decisions for the state’s property and assists with cost-share habitat enhancement projects. The Elk Foundation and state partners discuss the future management goals for a new parcel for state ownership. Since state ownership requires the property be managed for the benefit of elk and other wildlife, the Elk Foundation usually has long-term interest and opportunities to assist with management of the property.
  
• Lands sold to federal agencies: The Elk Foundation reviews the federal agency’s long-term planning goals for the property and surrounding public lands, and continues to stay involved by periodically requesting updates on land management activities to ensure that wildlife habitat protection remains a primary objective. The Elk Foundation recognizes that federal agencies manage lands for multiple-use, and Elk Foundation supports multiple use management of conserved lands. In addition, when the Elk Foundation develops a lease agreement with a state or federal agency to manage Foundation-owned property, the agreement ensures that the property will be managed foremost for the benefit of wildlife.
  

Q: CAN THE PUBLIC RECREATE AND HUNT ON LANDS ACQUIRED BY THE ELK FOUNDATION?
A: In general, lands the Elk Foundation acquires are open to the public until they are conveyed to a public agency or other entity. After that, as with the case of a public agency, these lands often remain open for public access. The Elk Foundation supports recreational uses that are compatible with maintaining high-quality habitat and healthy wildlife populations. Although sometimes restricted to non-motorized use, access includes such activities as hunting, fishing, hiking, horseback riding and photography. There are exceptions: based on wildlife populations, some states may limit hunting or not even hold a season.

Q: DO ELK FOUNDATION MEMBERS, STAFF AND/OR BOARD HAVE EXCLUSIVE USE OF LANDS PROTECTED BY THE FOUNDATION?
A: No – Elk Foundation members, staff and the Board of Directors observe the same use and restrictions as the general public, WITH NO EXCEPTIONS.

Q: DOES THE PUBLIC HAVE ACCESS TO LANDS THAT ARE SUBJECT TO CONSERVATION EASEMENTS HELD BY THE ELK FOUNDATION?
A: Generally not, since these lands are privately owned. Landowners have the right to control access, including for hunting.

Q: DOES THE ELK FOUNDATION SUPPORT LIVESTOCK GRAZING OR TIMBER HARVESTING ON THE PROPERTIES IT HAS HELPED PROTECT?
A: Generally yes – the Elk Foundation believes both activities are compatible with wildlife habitat. The grazing or timber harvesting must provide for long-term wildlife habitat benefits. The Foundation works with its conservation easement donors to continue these types of activities on their lands in a manner compatible with long-term habitat conservation.

Q: DOES THE ELK FOUNDATION PAY TAXES ON LANDS IT OWNS?
A: Yes – the Elk Foundation pays property taxes and all levies and assessments that any other landowner must pay.

Q: WHEN THE ELK FOUNDATION SELLS PROPERTY TO FEDERAL OR STATE AGENCIES, DO COUNTIES STILL RECEIVE PAYMENT FOR TAXES?
A: Generally yes – although the way the property is taxed varies.

• Federal Agencies: Federal agencies that own lands – including the Bureau of Land Management (BLM), U.S. Forest Service, U.S. Fish and Wildlife Service and National Park Service – make “payments in lieu of taxes” (PILT). The BLM administers PILT payments for all federal agencies and makes payments directly to county assessors’ offices on October 1 of each year.
  
• State Agencies: Most state wildlife agencies that own lands make payments to the respective county treasurer’s office. However, a few do not. Most western states make PILT payments. Each state determines their payment by using their own formula. Some allocate a set amount determined by state legislation, like in Colorado. Some assign a fixed amount per acre, as with Utah. Still others will pay the same amount as a private landowner, as in Montana. For detailed information on state PILT payment formulas, contact the land department in the state’s wildlife agency.
  

Q: WHY DOESN’T THE ELK FOUNDATION MAINTAIN OWNERSHIP OF THE LAND PARCELS THAT IT ACQUIRES?
A: The Elk Foundation is a land conservation organization that focuses first and foremost on protecting crucial big game wildlife habitat from residential and commercial development. The Elk Foundation does not have the staff time, expertise or financial resources to manage land parcels effectively and feel that such duties are better left to resource management agencies such as the U.S. Forest Service (USFS) or the State Wildlife Agency.

Q: AFTER THE ELK FOUNDATION TRANSFERS OWNERSHIP TO THE USFS DOES IT MAINTAIN THE RIGHT TO PLAY A ROLE IN DETERMINING THE MANAGEMENT POLICIES ON THAT LAND?
A: Generally yes, when the Elk Foundation transfers ownership of a land parcel to the USFS it does so with the belief and trust that the parcel will be managed with an emphasis for wildlife. After the USFS assumes ownership of a land parcel, the Elk Foundation theoretically has only as much leverage as any other member of the general public in determining management policies. However, given the history and strength of our long-standing partnership with the USFS, we will provide valuable input into management decisions whenever possible.

The Elk Foundation also has the opportunity to influence management policies through the NEPA process. The Elk Foundation may submit comments on proposed management policies on specific parcels, and we fully intend to continue to take an active role in that process whenever possible.

Q: HOW CAN YOU HELP PROTECT MORE ELK HABITAT AND GET INVOLVED IN ELK FOUNDATION LAND PROJECTS?
A: Members and volunteers can get involved in Elk Foundation land projects in a variety of ways.

1. Financial contributions are often vital to complete the initial acquisition and individuals can participate in the acquisition process by making a cash donation.
   
2. Some projects need a variety of habitat improvement work and some of this work such as fence repair or removal, general clean-up, building and corral demolition and removal, and gate installation can be accomplished with volunteer labor. Work days for such activities are generally scheduled through and coordinated by the Elk Foundation Regional Director.
   
3. Volunteers and members can also participate in the development of preferred alternatives for the resource management of these parcels by participating in the public comment period during the scoping or Environmental Assessment process and also by serving as monitors of the parcels by reporting to the managing agency instances of cattle trespass, motorized vehicle trespass or habitat damage.