The GFA: Go Figure 
 
 
 
July 2, 2006
 
 
 
By Julie Kay Smithson
 
Property Rights Researcher
 
 
 
 
In this world of change, few things alter more rapidly than definitions. Noah Webster would find definitions, which are found in modern-day government documents, to be an unfathomable mystery. He might drown in the 'alphabet soup' of acronyms. Homeowners, business owners and landowner, finding themselves suddenly in the crosshairs of one or more agency plans, can be in for a hair-raising experience ... or a hair-pulling one. Webster's, Merriam-Webster, or good old Funk and Wagnalls cannot begin to compare with the multiplicity of meanings -- sometimes clear but more often obscure or hopelessly ensnared in 'governmentese' -- so how can laymen expect to understand? It appears to be something akin to language deception, but what would government stand to gain by deceiving the public?
 
Being somewhat of a wordsmith, I've collected a plethora of government definitions for the past several years. Far from being helpful in my understanding, the more I read, the more sticky the wicket. 
 
Perhaps this dilemma could be easily solved by the creation of a new federal agency, the Go Figure Agency, or GFA. The GFA would have one in-stock, pat answer for all questions relating to official definitions: Go Figure! That would effectively put the ball back in the layman's court -- or more likely, a real court, complete with lawyers, judges, etc. Go figure.
 
Habitat – The place or environment where a plant or animal naturally lives and grows (a group of particular environmental conditions). (DOI/USFWS) – This glossary is intended to give the meaning of key words, but does not necessarily provide a legal definition or thorough description. Legal definitions can be found in the Endangered Species Act, and throughout its implementing regulations in the Code of Federal Regulations (CFR). Title 50 of the CFR is called Wildlife and Fisheries and its shorthand designation is written as: 50 CFR. Title 50 contains the regulations governing all programs of the U.S. Fish & Wildlife Service and NOAA Fisheries. The 50 CFR is subdivided into nearly 700 parts, with each part covering a different general topic. For example, part 17 covers endangered and threatened wildlife and plants. Its shorthand designation is written as: 50 CFR 17. Part 17 is further subdivided into sections, with each section covering a different specific topic. For example, section 3 contains definitions and its shorthand designation is written as: 50 CFR 17.3. This is just one of many sections in the 50 CFR that contain definitions. The list of endangered and threatened wildlife is found at 50 CFR 17.11. The corresponding list of endangered and threatened plants is found at 50 CFR 17.12. Revised April 2005 http://www.fws.gov/endangered/glossary.pdf 2. The location where a particular taxon of plant or animal lives and its surroundings (both living and nonliving) and includes the presence of a group of particular environmental conditions surrounding an organism including air, water, soil, mineral elements, moisture, temperature, and topography. – Glossary for Endangered Species Act terms. (DOI/USFWS) http://www.fws.gov/midwest/Endangered/glossary/ 3. The physical location or type of environment in which an organism or biological population lives or occurs; often characterized by a dominant plant form or physical characteristics (i.e., the oak-savanna, wetland, or a coastal habitat). – (DOI/NPS) Majority of definitions adapted from “A Park and Recreation Professionals' Glossary,” California Department of Parks and Recreation Planning Division, January 1, 2003; other definitions from California State Law, CEQ (NEPA), and Santa Barbara County. Draft Gaviota Coast Feasibility Study & Environmental Assessment http://www.nps.gov/pwro/gaviota/gaviota_draft_report_232-234.pdf 4. Areas that meet the environmental requirements of a species. – (DOI/NPS) Long-Term Monitoring Plan – National Capital Region Network, September 30, 2005. Submitted by: Inventory and Monitoring Program, National Capital Region Network, Center for Urban Ecology, 4598 MacArthur Boulevard NW, Washington, D.C. 20007. http://science.nature.nps.gov/im/monitor/plans/NCRN_MonitoringPlan.pdf (Pages G-1 through G-8 - Glossary – or pages 150 through 156 of 156 pages) 5. The location and the combination of biotic and abiotic surroundings that a particular kind or type of plant or animal occupies for part of its life cycle. It typically includes the substrate (soil, rocks, water), other nonliving features, vegetation, and often, other organisms. – (DOI/NPS) Long-Term Monitoring Plan – National Capital Region Network, September 30, 2005. Submitted by: Inventory and Monitoring Program, National Capital Region Network, Center for Urban Ecology, 4598 MacArthur Boulevard NW, Washington, D.C. 20007. http://science.nature.nps.gov/im/monitor/plans/NCRN_MonitoringPlan.pdf (Pages G-1 through G-8 - Glossary – or pages 150 through 156 of 156 pages) 6. The environment in which a plant or animal lives (includes vegetation, soil, water, and other factors). – U.S. Fish and Wildlife Service Glossary of Planning Terms http://www.fws.gov/pacific/planning/gloss1.htm 7. The natural home or dwelling place of an organism, including its total environment (physical features, vegetation, climate, etc.). DOI/USFWS http://www.fws.gov/midwest/FoxRiverNEPA/documents/AppendixA.pdf 8. Suite of existing environmental condition required by an organism for survival and reproductions. The place where an organism typically lives. http://pacific.fws.gov/planning/LPOccp/v2.pdf 9. The particular type of place where an organism lives within a more extensive area or range. Habitat is characterized by its biological components and/or physical features (e.g., sandy bottom of the littoral zone, or on kept blades within 10 m of the water surface). – "DEIS for EFH for the Gulf of Mexico FMPs" [Fishery Management Plans] – Draft Environmental Impact Statement for the Generic Essential Fish Habitat Amendment to the following fishery management plans for the Gulf of Mexico (GOM): Shrimp Fishery of the Gulf of Mexico; Red Drum Fishery of the Gulf of Mexico; Reef Fish Fishery of the Gulf of Mexico; Stone Crab Fishery of the Gulf of Mexico; Coral and Coral Reef Fishery of the Gulf of Mexico; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; and the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic. This is a publication of the Gulf of Mexico Fishery Management Council pursuant to National Oceanic and Atmospheric Administration Award No. NA17FC102. http://permanent.access.gpo.gov/websites/www.nmfs.noaa.gov/habitat/habitatprotection/eis/Full%20Gulf%20EFH%20EIS%20703.pdf (pages 9-13 of 654) 10. An area that provides some portion of the requirements for the life history of a given species. (Corps of Engineers) http://www.nww.usace.army.mil/lsr/final_fseis/study_kit/Main_Report/chap10.htm 11. An area that provides some portion of the requirements for the life history of a given species. – U.S. Army Corps of Engineers, Lower Snake River Juvenile Salmon Migration Feasibility Report and Environmental Impact Statement, Chapter 10, Glossary http://www.nww.usace.army.mil/lsr/final_fseis/study_kit/Main_Report/chap10.htm 12. The place where an organism lives and its surrounding environment, including its biotic and abiotic components. Habitat includes everything an organism needs to survive. http://www.epa.gov/glnpo/solec/96/landbylakes/glossary.html and http://iaspub.epa.gov/trs/search$.startup 13. The place where a plant or animal organism lives. – Appendix H (Biological Assessment and Evaluation for Revised Land and Resource Management Plans and Associated Oil and Gas Leasing Decisions) http://www.fs.fed.us/ngp/final/pdf_feis/Appendix_H.pdf 14. The place, including physical and biotic conditions, where a plant or an animal usually occurs. http://biology.usgs.gov/s+t/SNT/noframe/zy198.htm 15. The sum of the physical, chemical, and biological environment occupied by individuals of a particular species, population, or community, including the food, cover, and space resources needed for plant and animal livelihood. – Patuxent Wildlife Research Center Glossary (DOI, USGS, United Nations) http://www.pwrc.usgs.gov/educatnl/glossary/index.cfm
 
 
'Critical' 'habitat'
 
 

Critical habitat – Specific geographic areas, whether occupied by a listed species or not, that are essential for its conservation and that have been formally designated by rule published in the Federal Register. (DOI/USFWS) – This glossary is intended to give the meaning of key words, but does not necessarily provide a legal definition or thorough description. Legal definitions can be found in the Endangered Species Act, and throughout its implementing regulations in the Code of Federal Regulations (CFR). Title 50 of the CFR is called Wildlife and Fisheries and its shorthand designation is written as: 50 CFR. Title 50 contains the regulations governing all programs of the U.S. Fish & Wildlife Service and NOAA Fisheries. The 50 CFR is subdivided into nearly 700 parts, with each part covering a different general topic. For example, part 17 covers endangered and threatened wildlife and plants. Its shorthand designation is written as: 50 CFR 17. Part 17 is further subdivided into sections, with each section covering a different specific topic. For example, section 3 contains definitions and its shorthand designation is written as: 50 CFR 17.3. This is just one of many sections in the 50 CFR that contain definitions. The list of endangered and threatened wildlife is found at 50 CFR 17.11. The corresponding list of endangered and threatened plants is found at 50 CFR 17.12. Revised April 2005 http://www.fws.gov/endangered/glossary.pdf 2. Specific geographic areas, whether occupied by listed species or not, that are determined to be essential for the conservation and management of listed species, and that have been formally described in the Federal Register. – Glossary for Endangered Species Act terms. (DOI/USFWS) – Glossary for Endangered Species Act terms. (DOI/USFWS) http://www.fws.gov/midwest/Endangered/glossary/ Also: http://www.fws.gov/midwest/Endangered/glossary/ 3. A specific geographic area(s) that is essential for the conservation of a threatened or endangered species and that may require special management and protection. – “What Do You Mean By That? Ever wonder about the meaning of Ecosystem Management (EM) and all the unfamiliar terms associated with it? If so, this is the page for you. We provide you with a dynamic list of EM terms and intend to add terms to it as appropriate and upon request. You can help us with our glossary construction by letting us know what terms you'd like defined. Please submit suggestions to Janie Canton-Thompson jcantonthompson@fs.fed.us or 406-542-4150 (Disclaimer – Definitional terms sometimes vary slightly, depending on who is using them and for what purpose. Terms defined here are intended for the general interest reader and will usually suffice for most EM uses.) – Bitterroot Ecosystem Management Research Project Glossary http://www.fs.fed.us/rm/ecopartner/bemrp_glossary.shtml 4. Habitat designated as critical for a particular species under the Endangered Species Act, including areas on which are found those physical or biological features essential to the conservation of the species. – (DOI/NPS) Majority of definitions is adapted from “A Park and Recreation Professionals' Glossary,” California Department of Parks and Recreation Planning Division, January 1, 2003; other definitions from California State Law, CEQ (NEPA), and Santa Barbara County. Draft Gaviota Coast Feasibility Study & Environmental Assessment http://www.nps.gov/pwro/gaviota/gaviota_draft_report_232-234.pdf 5. Defined in Section 3(5)(A) of the Federal Endangered Species Act as: (1) the specific areas within the geographical area occupied by the species at the time it is listed, on which are found those physical or biological features (a) essential to the conservation of the species and (b) which may require special management considerations for protection; and (2) specific areas outside the geographical area occupied by a species at the time it is listed upon a determination by the Secretary of the Interior that such areas are essential for the conservation of the species. – U.S. Bureau of Reclamation Glossary http://www.usbr.gov/uc/envdocs/eis/navajo/pdfs/deis_glossary.pdf 6. An area occupied by a threatened or endangered species “on which are found those physical and biological features (1) essential to the conservation of the species, and (2) which may require special management considerations or protection” (16 USC 1532 (5)(A)(I)1988). Unoccupied by suitable habitat for the threatened or endangered species is not automatically included unless such areas are essential for the conservation of the species (50 CFR 424.12(e)). – McGregor Range Draft Resource Management Plan Amendment and Environmental Impact Statement, Prepared for United States Department of the Interior Bureau of Land Management, Las Cruces (New Mexico) Field Office, January 2005.

http://www.nm.blm.gov/lcfo/mcgregor/docs/Draft%20RMPA_EIS_01_05_low.pdf (DOI/BLM) Glossary (Pages 259-268 of 282)

 

Critical Habitat (Threatened, Endangered and Proposed Species) – Habitat of federally listed

threatened or endangered species where those physical and biological features essential to conservation of the species are found and which may require special management considerations or protection. This habitat may currently be occupied or determined by the Secretary of the Interior to be essential for areas outside the species’ current range. – Appendix H (Biological Assessment and Evaluation for Revised Land and Resource Management Plans and Associated Oil and Gas Leasing Decisions) http://www.fs.fed.us/ngp/final/pdf_feis/Appendix_H.pdf

 
 
'Conservation' easements
 
 
Conservation easement – Instrument of property ownership in which specified rights to property development are separated from landownership, usually to preclude any substantial change in the current use of the land. A conservation easement allows a landowner to continue to own and use his or her land and to sell it. However, the allowable uses of the land are permanently limited in order to protect its conservation values. – (DOI/NPS) Majority of definitions adapted from “A Park and Recreation Professionals' Glossary,” California Department of Parks and Recreation Planning Division, January 1, 2003; other definitions from California State Law, CEQ (NEPA), and Santa Barbara County. Draft Gaviota Coast Feasibility Study & Environmental Assessment http://www.nps.gov/pwro/gaviota/gaviota_draft_report_232-234.pdf 2. A legal document that provides specific land-use rights to a secondary party. A perpetual conservation easement usually grants conservation and management rights to a party in perpetuity. – U.S. Fish and Wildlife Service Glossary of Planning Terms http://www.fws.gov/pacific/planning/gloss1.htm 3. A legally binding restriction on allowable uses imposed upon a parcel of land in exchange for a tax break to the landowner. Conservation easements prevent development of a parcel, restricting its used to agriculture, habitat for wildlife, or hiking and other nondestructive forms of recreation. DOI/USFWS http://www.fws.gov/midwest/FoxRiverNEPA/documents/AppendixA.pdf 4. (a) A conservation easement is a legally binding covenant between current and future property owners and an organization such as the conservancy, which preserves significant natural areas (i.e. stream valleys, farmland, woodland, wildlife habitat, unique plant communities) and special natural features of the property by restricting selected uses. A conservation easement allows a property owner to retain ownership of his property, including the ability to pass the property on to his heirs or sell the property, while still providing for the site’s protection. It assures that future use of a property will be consistent with conservation purposes through specific clauses in the easement document. The property remains in private ownership and does not need to be opened to the public. (Pages 1 and 4) (b) A conservation easement is a method of protecting and preserving significant natural areas, (i.e., stream valleys, farmland, woodland, wildlife habitat, unique plant communities, etc.) and special natural features of the property by restricting selected uses. (Page 2) (c) A legally binding agreement between a property owner and an organization such as a conservancy, which protects natural resource values of the property, by restricting selected uses. The property remains in private ownership and does not need to be opened to the public. Tax benefits may apply to the donor. – The Heritage Conservancy http://conserveland.org/lpr/download/6734/landowner_guide.pdf See also Easement.
Conservation Easements – A landowner grants a nonpossessory interest in the property to a third party (usually a nonprofit conservation organization or governmental agency) for the purpose of preventing development of property having important natural, agricultural, scenic, or historic value (i.e., the development value is taken off the land). A conservation easement should “run with the land” and encumber the land in perpetuity. Conservation easements may be sold to produce direct income benefits to the seller. Indeed, many countries in the west are setting-up programs to purchase development rights or conservation easements from willing sellers, primarily to sustain lands in ranching/agricultural production. Conservation easements may be donated to produce income tax deductions and/or tax credits. An important new tax development was recently enacted in the American Farm and Ranch Protection Act, Section 2031 (c), “Estate Tax with Respect to Land Subject to a Qualified Conservation Easement.” This provides the basis to exclude from estate valuation a portion of the land value in addition to the reduction in value already attributable to the easement itself. EPA http://www.epa.gov/efinpage/cwapfin5.pdf (Page 15 of 29) Consideration must be given [regarding Environmental SRFs, or Environmental State Revolving Funds] to the possibility of dealing with complex issues such as land acquisition, conservation easements, and perhaps projects which cross state lines or EPA regional boundaries, to mention a few. http://www.epa.gov/efinpage/cwapfin5.pdf Appendix excerpt (Page 26 of 29) (Important note: It is very important to read the entire document and be forewarned of the Language Deception that is extensively employed throughout) 2. Conservation easements are partial interests in lands conveyed by deed from a landowner to an easement holder with the intent of restricting present and future owners of the property in order to achieve conservation objectives. – Forest Legacy Program Assessment of Needs for the State of Georgia http://www.gfc.state.ga.us/Services/RuralForestry/legacy/AssessmentofNeeds.pdf (Definitions are Pages 103-104 of 110) (Note: only the cached version may be viewed. Trying to directly access this pdf file results in this message: "The Public Website is Here: http://www.gatrees.org")
 
 
 
'Human disturbance'
 
 
 
Human disturbance – A direct event, intentionally or unintentionally created by people, leading to a reaction of alertness; fright (obvious or inapparent); interruption of activities; flight, swimming, or other displacements; or death or disablement. The event may have long-term or short-term effects. – Patuxent Wildlife Research Center Glossary (DOI, USGS, United Nations) http://www.pwrc.usgs.gov/educatnl/glossary/index.cfm
 
 
If it seems difficult to comprehend how 'conservation easements' are going to be helpful to 'habitat' or 'critical habitat' when the very areas sought for such are rife with 'human disturbance,' you are not alone. Words and their arrangement and meanings have become Chinese puzzle-like, yet we hear regularly of government simplification. I never thought I would be glad to see another federal agency, but ... Go figure.