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From (name): Bruce Boler
Organization: DEP
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Comments on: 2B Specific compensation strategies
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Date: 10 Jul 1998
I agree with the "takings" concern from USFWS. Although I believe that comments (3) and (7) [see "Input from Workshop Participants"] are well thought out responses to this concern and (3) may eliminate the majority of challenges, there still may be funding problems if the lease agreement specifically allows renogotiation for additional compensation during the lease agreement. The following seems to be the possible answers to this quandary: shorter term (5 or 10 years) lease agreements (or lease renogotiation intervals) to address the need for changes in farming practices (i.e., economic reasons); specific language in the long term lease specifying contingencies which would trigger renogotiation requirements at intervals during this agreement (Ag guys would need to agree with this assessment); a lease agreement that includes the situations that would trigger additional compensation (this might be difficult)--in this last scenario there would be a matrix set up for determining if and when the lessor met this "additional compensation" threshold.
Bruce
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