Moosehead Purchase and Sale Agreement

*Frequently Asked Questions and Glossary of Terms **Updated 10/11/07*

Fishing the Moose River
© David McLain

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1. Has the Plum Creek Concept Plan changed dramatically since its first version? Yes. The Concept Plan first submitted in 2005 has undergone two major revisions, the most recent submitted in May of 2007. Each has addressed concerns brought forward by Maine people and LURC staff. A side by side comparison shows the dramatic nature of the changes. In part, this version differs from earlier versions by removing development from the shorelines of several lakes and ponds and concentrating more in resort areas and closer to Greenville, Rockwood and Jackman. In contrast with that first submittal and in concert with the Moosehead Conservation Framework, some 94% of the area under consideration would be placed in a conservation status, an area far larger than Androscoggin County. The Conservancy is encouraged that progress is continuing in refining the plan in response to public feedback. It is important to note the significant extent of these changes, because a great deal of the information still being circulated deals with criticisms of the original proposal. Since many of these criticisms have now been addressed, this information may mislead those seeking current information. LURC has delayed public hearings on Plum Creek's Concept Plan that were slated to begin in November of 2007 in order to allow a full consideration of the changes. New hearing dates have not yet been set. For more information, please visit LURC's website.

2. Have there been changes to the conservation easements? Yes. Plum Creek has also responded to those who sought clarification of the terms in the Balance Easement and the Moosehead Legacy Easement and those who felt additional protections would strengthen the easements (see questions 10, 15, 16, 17 and 20 below for information about the two easements). From the announcement of the Moosehead Conservation Framework in March 2006, the Conservancy and its partners have made clear our willingness to incorporate appropriate changes in the easement documents that met Plum Creek and LURC approval. In October 2007, Plum Creek sent LURC a document that describes significant clarifications and changes that had been sought by federal and state wildlife agencies. Some of these relate to protections already in the easement on which the agencies needed clarification; some simply make more explicit protections already intended; and some provide new assurances to those protecting our natural resources and those advocating for recreational users. A summary of these changes may be viewed here.

3. Has The Nature Conservancy weighed in on the LURC process? LURC has designated The Nature Conservancy an Interested Party in these proceedings. We applied for such status to ensure that we will have the time and opportunity to provide as much information as LURC requires as it reviews the Concept Plan. We intend to limit our involvement in the process to answering questions LURC staff or commissioners have about the rationale for and the provisions of the Conservation Framework. We are also prepared to share information regarding the conservation values The Nature Conservancy has identified within the plan area. Along with interveners and other interested parties, we submitted formal testimony on August 31, 2007 and rebuttal testimony to address misconceptions found in other parties’ testimony in September 2007.

4. What would the Conservation Framework accomplish? The Conservation Framework would permanently guarantee public access, sustainable forestry, and wildlife habitat protection on about 430,000 acres—265,000-acres of easement to be purchased from Plum Creek, 90,000-acres of easement that the company has proposed as balance for development, and two fee purchases totaling about 75,000 acres. This would link some 2 million acres of conservation lands across northern Maine.

5. What price will be paid for these conservation lands? The total purchase price for fee and easement components is $35 million. The easement price is based on $37.00 per acre, or approximately $10 million. This is the same per acre price paid ten years ago for a forest easement with far fewer public values protected. The fee purchases are priced at $25 million for 75,000 acres. Taken together, this is a very favorable price.

6. Is this purchase and sale definitely going to happen? The negotiations are complete. Representatives of The Nature Conservancy, Appalachian Mountain Club and Plum Creek have signed the documents. There are no contingencies other than that stated throughout: the company reserves the right to cancel the agreement only if it is unable to reach an agreement with LURC on a concept plan. However, should the concept plan meet LURC approval, the purchase and sale agreement is legally binding on both the conservation groups and the company. In its 50 years in Maine, The Nature Conservancy has never failed to honor a binding legal commitment.

7. Does the Conservation Framework place pressure on the Land Use Regulation Commission to approve the Concept Plan submitted by Plum Creek? The Conservation Framework emerged in response to public feedback to an earlier version of the company’s Concept Plan—particularly to public concern that the plan included too little permanent conservation. As we have made clear from the outset, the Conservancy’s work with Plum Creek is not intended to pre-empt in any way the independent analysis and decision-making of Maine’s regulatory body, the Land Use Regulation Commission (LURC). We understand how the plan review process works and respect the important roles that the LURC staff and commissioners play and the importance of broad public input. For that reason, the Purchase and Sale Agreement is structured to allow LURC and Plum Creek flexibility during the plan review process. It is still up to LURC, and only LURC, to decide whether the Plum Creek Concept Plan is compatible with its planning goals for the State of Maine.

8. What do you think of Plum Creek’s plan? The Nature Conservancy has taken no position on the Concept Plan that Plum Creek has submitted to LURC. Our work with the company has addressed conservation that aligns with our scientific analysis of the needs of North Woods habitats and species. That said, we do believe that the Moosehead Conservation Framework represents an outstanding conservation opportunity that should be considered as LURC deliberates.

9. Would a decision not to approve the Concept plan mean no development will ever take place around Moosehead Lake? No. Development can and will take place in the absence of any concept plan. We need to ask how much development is inevitable and whether piecemeal development would offer similar protections for wildlife habitat and public access. No matter what LURC decides on the pending proposal, existing law already gives the company the ability to develop extensively across the 400,000 acres covered by the plan. It is no stretch to expect many hundreds of units sprawling across that broad area. (See the Open Space Institute’s analysis of this question.) So, this is not a question of development versus no development. Rather it is a choice between a planned development proposal with clearly stated conservation benefits—a proposal that is open to public inspection and comment—and unplanned development with no agreed upon game plan and no assurance of comparable conservation. Many hope population pressures and ever-changing and fragmenting ownerships in the North Woods will have no further impact on our wildlife, economy and recreation. But with 55 million baby boomers nearing retirement and land sales continuing, the evidence suggests otherwise. Moreover a great deal of the development proposed can happen no matter what the Land Use Regulation Commission decides, and with no long term predictability and less conservation.

10. What are the differences between the Balance Easement and the Moosehead Legacy Easement? In return for the zoning change and as balance for the proposed development, the company has offered to place a conservation easement on 90,000 acres of working forest abutting the planned development areas. That easement is called the Balance Easement. In addition, the Conservancy and its partners have negotiated a purchase and sale agreement with the company that calls for the sale of two parcels (MooseRiver/Number 5 Bog and Roach Ponds) and the sale of a conservation easement covering 266,000 acres. That second easement is called the Moosehead Legacy Easement. Otherwise, the two easements are nearly identical in their terms and protections. The purchase and sale agreement is binding on both the company and the Conservancy.

11. Will public and private funders be getting their money’s worth? This is a unique opportunity to capture permanent conservation at a favorable price. With the experience the Conservancy brings to this process, we simply would not go forward if we felt the price was not fair. We have policies that would prevent that, and we are answerable to our donors and to our public and private partners. We have independent appraisal data which document that the public would be getting a very good deal from the Conservation Framework.

12. Some folks have identified areas they wish had been included in the Conservation Framework. Why aren’t those areas protected here? In evaluating areas that should be protected from development, we used assessments of biological values as a baseline and then considered public access and sustainable forestry. We looked at connectivity as a major value—the connections, for example, of conservation lands to each other over the landscape and to major features like Big Spencer Mountain, Moosehead Lake and Baxter Park. As with the terms of the easements, we remain open to the LURC process and stand ready to incorporate changes agreed upon by LURC and Plum Creek.

13. Does the Conservancy have the funds to pay for this? Since we are fully committed and legally bound to close this transaction, we will need to mount a fundraising campaign that will include both private and public funds. We have kept this in mind throughout the negotiation process so that we can be confident that this represents a good deal for private and public funders. The funds required are significant, but we have no doubt these funds can be raised. We have also been pre-approved for bridge financing to ensure we can close in a timely manner. We are legally committed to find the money and go through with the Agreement. Fortunately, we will be raising funds in partnership with the Appalachian Mountain Club and the Forest Society of Maine.

14. How will the Agreement be affected by debate over endangered Canada lynx? The US Fish and Wildlife Service (USFWS) is currently reviewing the final boundaries and management guidelines for lynx in Maine. Each of the eventual landowners within the Framework will need to make a determination on how USFWS policy would impact their land management plans.

15. What are the terms of the conservation easements? The conservation easements will limit development to only those activities necessary for forest management. The easements will ensure public access for traditional uses like hunting, hiking, motorized access and overnight camping, protect important ecological attributes, and require the continuance of sustainable forest management under strict third-party review and with State oversight.

16. Will the conservation easement qualify for state funding under the Land for Maine’s Future Program? We are confident that the conservation easement terms are consistent with guidelines set by the Land For Maine’s Future program, but the easement needs to be reviewed by the State for that determination to be made.

17. Aren’t some conservation easements donated? Certainly, and while the Conservancy is delighted to accept gifts of land or interests in land when owners are able to offer them, we believe that landowners have every right to seek fair value for their land. That is the essence of a willing buyer/willing seller transaction, familiar to anyone who has ever purchased a home. The Conservancy has a long history of purchasing conservation easements when necessary to make sure important lands are permanently conserved.

18. What will happen to leaseholders on these lands? This is always an important question when interests in large land holdings in Maine change hands. There are only one or two leases on the lands that will be purchased and we do not anticipate any changes in those leases as a result of this sale.

19. Does the Conservancy have an opinion about whether the Conservation Framework should be considered as the Commission reviews the Concept Plan? The Framework came about as a result of concerns expressed by the public over the need for more permanent conservation. It provides unprecedented conservation values which extend over more than 94% of the area under consideration. We believe the Conservation Framework represents an opportunity for some of the most significant conservation in the state—even the country. Since it offers such outstanding benefits to Maine, we believe it needs to be taken into consideration as LURC reviews the concept plan.

20. What will happen to motorized vehicle (ATV and snowmobile) access on the easement property? ATV and snowmobile access will continue to be maintained on Plum Creek lands. Plum Creek will donate to Maine’s Bureau of Public Lands approximately 57 miles of road easements granting to the public the right to use major forest access roads throughout the protected property for public recreational use (including use for commercial recreation such as rafting, outfitters, and traditional outdoor guides) free of any public use fee.

21. Will any portion of the Conservation Framework lands be purchased regardless of LURC's decision on the Concept Plan? Yes, about 5,000 acres in Number 5 Bog and including the Moose River will be purchased by the Conservancy on behalf of the Bureau of Parks and Lands regardless of whether the concept plan is approved or not. This area will become a State Ecological Reserve.

Glossary

Conservation Framework—the plan for conservation in the Moosehead region agreed upon in March of 2006 by The Nature Conservancy, Appalachian Mountain Club, Forest Society of Maine, and Plum Creek. The Framework includes the conservation easement to be sold by Plum Creek, as well as that which would be provided to balance development. Also included are the Moose River and Roach Ponds fee purchase parcels.

Purchase and Sale Agreement—the agreement signed in October of 2006 by The Nature Conservancy and Plum Creek. This agreement details the easement and fee lands to be purchased by the Conservancy and sets their prices. The Purchase and Sale Agreement solidifies the details of the Conservation Framework, but does not include the easements to be provided by Plum Creek to balance development.

Land use Regulation Commission (LURC)—the Maine Land Use Regulation Commission is part of the state Department of Conservation and serves as the planning and zoning authority for the state’s townships, plantations and unorganized areas. The Commission has land-use regulatory jurisdiction over these areas because they have no form of local government to administer land use controls, or they have chosen not to administer land use controls at the local level.

Concept Plan—a long-range plan submitted to LURC for development and conservation, usually involving changes to zoning regulations in the effected area. Concept plans are initiated by a landowner and must be approved by LURC. The LURC standards and procedures for reviewing concept plans are fairly different from those used to review specific development proposals.

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