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Work Element 5: Land Purchase and/or Conservation Easement - Published

Basics

WE Name:

5. Land Purchase and/or Conservation Easement (Land Purchase)

Work Category:

BPA Internal Operations

WE Agreement Type:

BPA Internal

Status:

Active

Owner:

Matthew Schwartz

Definition:

This is a BPA Internal-use only work element. BPA uses this work element to describe directly wiring money to escrow associated with real estate transactions. This work element only covers the purchase price or option of the land or easement (it may include escrow, title, and/or closing costs). Any work performed by BPA's Transmission Business Line (TBL) in support of the real estate transactions shall be covered by 6. TBL Work (also a BPA Internal-use only work element).

Any stewardship payments shall be covered by [[Work Element:200]]

WSE Description Template:

Effective Dates:

FY2005 to <no end date>

Work Phase:

construction/implementation

Sort Sequence:

1.04

Focal Species Required:

Yes

RM&E Metadata Required:

Finite or Recurring:

Recurring

Is BPA Internal:

Yes

Is Contracted:

Is Cost Share:

Is Construction:

Note

None

Associated Work Elements

Use 6. TBL Work when BPA Real Property Services has to review/process realty-related actions. The work element budget for 6. TBL Work will be the amount of the TBL estimate (not including escrow, title, and/or closing costs).
172. Conduct Pre-Acquisition Activities will be used in the project sponsor's SOW to describe the steps the sponsor has to take before fee title or a conservation easement can be acquired for a tract of land.
87. Prepare HEP Report (Expired) will be used in the project sponsor's SOW to describe preparation and write-up of the Habitat Evaluation Procedure (HEP) survey conducted by the Regional HEP team.
165. Produce Environmental Compliance Documentation will be used in the project sponsor's SOW to describe environmental compliance activities necessary for a land purchase.
The project sponsor's SOW should include 193. Produce Land Management Plan for the development of a land management plan for the property.
If stewardship funding will be provided as part of the acquisition, use 200. Stewardship Funding (a BPA internal work element) to capture those costs.

Potential Deliverables

Deliverable Status:

Required

Default Deliverable Desc:

Title

Potential Deliverables:

None

Rules and Examples

Rule 1 (Environmental Compliance): Any ESA, cultural resources, NEPA, or other environmental compliance work should be split out under 165. Produce Environmental Compliance Documentation. However, while the BPA Internal Statement of Work will be sent to KEC for review, 165. Produce Environmental Compliance Documentation is only to be used in the project sponsor's SOW.
Rule 2 (Location of Work, Metrics): Use a separate Land Purchase work element for each acquisition so we can capture accurate metrics for each acquisition.

Example:

WE: 5. Land Purchase and/or Conservation Easement
WE Title: Upper Clear Lake Property

WE: 5. Land Purchase and/or Conservation Easement
WE Title: Clark Valley Conservation Easement

Milestones

Milestone Title

Type

Deliverable?

Description

Environmental compliance requirements complete -New

Required

On-the-ground work associated with this work element cannot proceed until this milestone is complete. Milestone is complete when final documentation is received from BPA environmental compliance staff.

Appraisal Submitted

Required

The appraisal has been concluded by a non-BPA appraiser and submitted to BPA for review. The appraisal must be consistent with BPA's F&W Appraisal Requirements.

Appraisal Approved

Required

BPA has reviewed and approved the appraisal. Note: changes to the proposed acquisition such as the terms and conditions of an easement can affect the appraisal, so if the appraisal and appraisal review were concluded before the final draft of the conservation easement, consult with a BPA appraiser (TR) if substantive changes are made after the appraisal was conducted. Also, consult with TR if the appraisal is more than a year old at the time of proposed closing to determine if an update is required.

Purchase and Sale Agreement

Required

Once the appraisal has been approved and the landowner is in agreement with purchase price, the project sponsor should get a purchase and sale agreement drafted to confirm the commitment of both parties, but the sponsor's obligation to purchase must be made contingent on satisfactory results of the hazardous waste assessment and NEPA review, as well as satisfaction of other conditions. A copy of the draft purchase and sale agreement should be provided to BPA for review by TR and if necessary OGC. This milestone is marked concluded once the final, signed PSA has been received by BPA.

945 Review

Required

Because BPA is obtaining certain real property interests when it funds fish and wildlife habitat acquisitions (BPA is either obtaining a conservation easement or rights of enforcement and access in a conservation easement) in the name of the United States, BPA must confirm that the United States is receiving adequate title to those interests (this may involve analysis of legal access, mineral rights and other reserved rights, etc). Once the conservation easement is finalized, BPA will conduct a preliminary title review (TR and OGC) of the title report issued to BPA. This title review is known as a "945" process (the number of the internal form). BPA has no authority to pay for an acquisition until the 945 process is completed and any problems with receiving adequate title have been addressed. For easements, the 945 should address the final draft of the easement language to avoid having to repeat the reviewing following changes to the draft.

Public Notice

Required

The project sponsor will assist BPA KEC and DKE staff with drafting a fact sheet and map for the acquisition, publishing ads in local newspapers, and sending letters to nearby landowners. Letters and ads must be sent/published so that the public has a minimum of 15 days to respond prior to closing; preferably longer.

Authorization to Spend Funds

Required

BPA F&W management has authorized the wire transfer of funds for BPA's contribution to the acquisition. This approval is provided as an email chain, initiated by the Real Property Specialist, through the COR, KEWB review and manager approval.

Closing

Required

Yes

The deliverable will be considered concluded when the funds for the acquisition have been wired to escrow by TBL's Real Property Services.

Metrics

35 Metrics Associated With Work Element 5: Land Purchase and/or Conservation Easement

Metric	Metric Association Status	Unit Type	FY Start	FY End	Required / Optional	Is Activated By Default	Included in PI	Supports PCSRF/PNSHP (Katz)	PNSHP Metric Code	PNSHP Metric
1375: Type of acquisition [Fee Title, New Easement, Renewed Easement, Exchange, Mix]	Active	AcquisitionTypeList	2005		Required	Yes	No	No
1381: # of minimum estimated HUs protected for wildlife	Active	number	2005		Optional	Yes	No	No
1481: # of stream kilometers credited for resident fish	Active	number	2007		Optional	Yes	No	No
1772: Total # of Acres Protected	Active	number	1980		Required	Yes	No	No
1802: # of floodplain acres protected	Active	number	2018		Optional	Yes	No	No
1803: # of stream miles protected	Active	number	2018		Optional	Yes	No	No
1804: Were water rights acquired?	Active	YesNoList	2018		Optional	Yes	No	No
1805: If water rights were acquired, who holds them?	Active	text	2018		Optional	Yes	No	No
1376: Start date of easement	Expired	date	2005	2017	Optional	Yes	Yes	No
1377: End date of easement	Expired	date	2005	2017	Optional	Yes	No	Yes	C.10.c.4	Date of expiration of protection
1378: Start date of the purchase	Expired	date	2005	2017	Optional	Yes	Yes	No
1379: # of riparian miles protected	Expired	number	2005	2009	Required	Yes	No	No
1380: # of riparian acres protected	Expired	number	2005	2009	Required	Yes	No	No
1382: Start latitude of protected stream reach	Expired	lat	2005	2017	Optional	Yes	Yes	No
1383: End latitude of protected stream reach	Expired	lat	2005	2017	Optional	Yes	Yes	No
1384: Start longitude of protected stream reach	Expired	long	2005	2017	Optional	Yes	Yes	No
1385: End longitude of protected stream reach	Expired	long	2005	2017	Optional	Yes	Yes	No
1445: # of upland acres protected	Expired	number	2005	2009	Required	Yes	No	No
1446: # of wetland acres protected	Expired	number	2005	2009	Required	Yes	No	No
1452: Amount of water secured in acre-feet/year	Expired	number	2009	2017	Required	Yes	Yes	Yes	C.3.f.2	Acre feet of water per year purchased/leased
1453: Flow of water returned to the stream as prescribed in the water acquisition in cubic-feet per second (cfs)	Expired	number	2009	2017	Required	Yes	Yes	Yes	C.3.f.3	cfs (cubic feet per second) of water purchased/leased
1524: # of acres of upland non-wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1525: # of acres of upland wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1526: # of acres of riparian non-wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1527: # of acres of riparian wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1528: # of acres of freshwater non-wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1529: # of acres of freshwater wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1530: # of acres of estuarine wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1531: # of acres of estuarine non-wetland habitat protected	Expired	number	2010	2017	Required	Yes	Yes	No
1555: # of miles protected in a riparian wetland area	Expired	number	2010	2017	Required	Yes	No	No
1556: # of miles protected in a riparian non-wetland area	Expired	number	2010	2017	Required	Yes	No	No
1774: BPA's water rights interest post acquisition	Expired	BPARightsPostAcquisition	2013	2017	Required	Yes	No	No
1775: Water rights use prior to acquisition	Expired	UseOfWaterRights	2013	2017	Required	Yes	No	No
1776: Planned water rights use after acquisition	Expired	UseOfWaterRights	2013	2017	Required	Yes	No	No
1777: Water right certificate numbers	Expired	text	2013	2017	Required	Yes	No	No

Measures by Metric

Measure	HLI	Associated Metrics
acre-feet/year of water protected		1452. Amount of water secured in acre-feet/year
acre-feet/year of water protected and conserved	Water Acre-Feet	1452. Amount of water secured in acre-feet/year
acres protected by purchase or lease	Land Acres	1380. # of riparian acres protected 1445. # of upland acres protected 1446. # of wetland acres protected 1524. # of acres of upland non-wetland habitat protected 1525. # of acres of upland wetland habitat protected 1526. # of acres of riparian non-wetland habitat protected 1527. # of acres of riparian wetland habitat protected 1528. # of acres of freshwater non-wetland habitat protected 1529. # of acres of freshwater wetland habitat protected 1530. # of acres of estuarine wetland habitat protected 1531. # of acres of estuarine non-wetland habitat protected 1772. Total # of Acres Protected
acres protected in riparian areas		1380. # of riparian acres protected 1445. # of upland acres protected 1446. # of wetland acres protected 1524. # of acres of upland non-wetland habitat protected 1525. # of acres of upland wetland habitat protected 1526. # of acres of riparian non-wetland habitat protected 1527. # of acres of riparian wetland habitat protected 1528. # of acres of freshwater non-wetland habitat protected 1529. # of acres of freshwater wetland habitat protected 1530. # of acres of estuarine wetland habitat protected 1531. # of acres of estuarine non-wetland habitat protected
cubic-feet per second (cfs) of water flow protected		1453. Flow of water returned to the stream as prescribed in the water acquisition in cubic-feet per second (cfs)
kilometers of stream credited		1481. # of stream kilometers credited for resident fish
miles of stream protected in riparian areas		1379. # of riparian miles protected 1555. # of miles protected in a riparian wetland area 1556. # of miles protected in a riparian non-wetland area
miles protected by purchase or lease	Land Miles	1379. # of riparian miles protected 1555. # of miles protected in a riparian wetland area 1556. # of miles protected in a riparian non-wetland area

CBFish Metric Sets

CBFish Metric Set

acres protected by purchase or lease (Required)

Habitat Zone	Wetland Zone	Metric ID and Name	Required?
unspecified	unspecified	1772. Total # of Acres Protected	Required

miles protected by purchase or lease (Optional)

No metrics for this metric set!

PCSRF/PNSHP (Katz)

Supports PCSRF/PNSHP (Katz):

Yes

PNSHP Metric Association	Metric
C.0 Salmonid Habitat Restoration and Acquisition C.10 Land or Easement Acquisition C.10.c.1 Acquisition or lease of land, wetland or estuarine area for conservation C.10.c.4 Date of expiration of protection	1377: End date of easement
C.0 Salmonid Habitat Restoration and Acquisition C.3 Instream Flow Project C.3.f.1 Water leased or purchased C.3.f.2 Acre feet of water per year purchased/leased	1452: Amount of water secured in acre-feet/year
C.0 Salmonid Habitat Restoration and Acquisition C.3 Instream Flow Project C.3.f.1 Water leased or purchased C.3.f.3 cfs (cubic feet per second) of water purchased/leased	1453: Flow of water returned to the stream as prescribed in the water acquisition in cubic-feet per second (cfs)

Location Requirements

Location Requirement Type:

Location Work Site in CBFish

Number of Locations:

Location Guidance:

Identify point at approximate center of land to be acquired. The location point must be the same for all associated 6. TBL Work, 172. Conduct Pre-Acquisition Activities, and 87. Prepare HEP Report (Expired) work elements.

If an associated work element and its location are already in Pisces, click the "Link" button to synchronize locations.

Environmental Compliance

Applicability and status of the following environmental compliance requirements can be found on the Environmental Compliance tab for that work element in your SOW for all 2007 contracts forward. BPA's Environmental staff will update and maintain this information in CBFish in real time, so that you can check the status of environmental compliance on your project at any time.

Note: Many of the fields are set to auto-load in CBFish, but the settings will be reviewed by BPA's Environmental staff prior to the contract being finalized, and may be revised depending on the specific circumstances.

National Environmental Policy Act (NEPA)

NEPA coverage for this work element will be determined by BPA's Environmental staff and could include an Environmental Impact Statement (EIS), Environmental Assessment (EA), Record of Decision to an existing EIS, or Categorical Exclusion.
Endangered Species Act (ESA)

ESA consultation is typically not required for this work element.
National Historic Preservation Act (NHPA)

NHPA Section 106 consultation is typically required for this work element which often includes a cultural/historic resource survey by a qualified archaeologist.
Public Involvement

Public involvement is typically not required for this work element.

Usage

Reports that Use this Work Element

This work element and its metrics are used in measures in the following reports. These PDF reports are generated dynamically, always showing you the most up to date information. Most of them also have links to download the underlying data sets to structured text or Excel format.

Work Element Usage

High Level Indicators by Measure, Work Element and Metric

Land Acquisition Status

Spending By Focal Species

Types of Work Funded

View as PDF

Project Number:

Account:
Province/Subbasin:
Province:
Subbasin:
Work Start Date:
Work End or Concluded Date:

Overview: Rolls up program funding across time by work class such as Habitat, Hatchery, Research Monitoring and Evaluation, Local & Regional Coordination, etc. Includes summary and detail pie charts showing funding levels for various types of work. Provides drill-downs to work element detail.

Dimensions: Work Class, Work Element, Work Element Budget, Account Type (Expense or Capital), NPCC Province, NPCC Subbasin

Wildlife Crediting Summary

High Level Indicator Summary by Measure, Work Element and Metric

Stats and Overview

Number of active contracts using Work Element #5 by FY

Top 5 BPA Project Managers using this Work Element:
(by number of current contracts)
	Virginia Preiss	58
	Virgil Watts III	38
	Daniel Newberry	33
	Jason Karnezis	30
	Elizabeth Santana	30

Average Work Element Budget:		$794,793
Average Duration:		7 months




Fiscal Year:

Fiscal Year:
Account:

Please correct the errors noted below.

35 Metrics Associated With Work Element 5: Land Purchase and/or Conservation Easement

Reports that Use this Work Element

Stats and Overview