A Gift (Not quite) Outright
Wednesday, June 30th, 2010Talk about a slam-dunk no-brainer.
Here’s a gift, worth millions in plain money, and more in measures money can’t match.
It’s for everyone. First for residents of the Northeast Kingdom, but also for all Vermonters, every American, even anyone in the world.
Not to mention the world itself.
Who could turn it down?
Maybe we could.
“We,” here, is technically the United States of America, or to be precise the Fish and Wildlife Service of its Interior Department, which now has 62 days to accept the gift of more than 400 acres of land, including 1.4 miles of shoreline along Lake Memphremagog and 228 acres of wetlands.
Or it will turn into a pumpkin.
No, worse. Or it will be sold to whoever will pay the most for it, likely to be someone who will build immense and nearly identical McMansions.
Such are the terms of the will of Michael Dunn, who died on September 1, 2007, and who bequeathed his more than 800 acres on both sides of the U.S.-Canadian border to governments, hoping to preserve the land’s “open state” and recreational potential.
But only if those governments agreed to accept the donations within three years of Dunn’s death. Otherwise, the land is to be sold to provide the maximum benefit to another passion of Dunn’s life – the Modern Museum of Art in New York. That doesn’t give Fish and Wildlife much time.
(The federal government of Canada actually rejected the offer, but Quebec Province accepted, so the Canadian portion is saved. For whatever reason, Dunn did not offer a similar option to the state on this side of the border).
It isn’t that Fish and Wildlife is against accepting the gift. At an afternoon tour of the site yesterday afternoon, and later at a public hearing in Newport, Agency officials left little doubt that they wanted to preserve the land and that “we are aware of the deadline,” in the words of Janet Kennedy, the Massachusetts-based regional supervisor of the Service’s Wildlife Refuge System.
So what’s the problem?
Actually, there are two problems, and though right now it looks as though the deadline will be met, both problems illustrate how difficult it often is to get anything done these days in America, and perhaps especially in Vermont.
The first problem is that there is actually some opposition to accepting Dunn’s bequest. Not from the town of Derby, which considers saving the land “a real asset,” Selectboard member Karen Jenne told the hearing. Not from the State Legislature, which overwhelmingly passed a resolution urging the feds to take the deal. And not from the owners of neighboring lakeside cottages, several of whom came to the hearing to urge acceptance.
But Sherb Lang is against it, and so is Hunters, Anglers, Trappers of Vermont (HAT), of which Lang is the president. Lang raised no specific objections to federal ownership of the Dunn land. In fact, he called it “a wonderful piece of property.” But he and his associates are angry at the State Fish and Wildlife Department over other issues, and they remain furious about the 12-year-old sale of what were once called the Champion Lands to the state and federal governments.
This is, in short, a policy position founded on resentment, not an unusual phenomenon in rural Vermont.
The other, more influential, dissenter at the hearing was Duncan Kilmartin, the Republican State Representative from Newport. Kilmartin contended that the plan under consideration by state and federal officials didn’t really honor Dunn’s will, which specified that the land should remain available for “hikes and campers.”
Instead, Kilmartin said, the draft Environmental Assessment (the official subject of the public hearing) gives priority to conserving resources and wildlife habitat rather than human uses such as hiking and camping.
It’s unlikely that Kimartin has a better grasp of what Dunn wanted than does Michael Hickcox, the long-time family friend of Dunn’s who flew to Europe to bring Dunn’s remains home and who flew to Vermont from his San Francisco home for last evening’s hearing.
The proposed plan for the land is “in terms of spirit, exactly what (Dunn) would want,” Hickox said.
Besides, the draft EA does specify that under federal ownership the land will be open to hunting, fishing, and camping. But the proposed new owner is the Fish and Wildlife Service, whose basic mission concerns…fish and wildlife and their habitats. The Service can’t very well take ownership of land primarily for another purpose. Still, people fish, hunt, and camp on its lands all over the country.
The other problem has to do with bureaucratic sclerosis, some of it created by environmental law, which, in this case at least, might end up making it harder to protect the environment.
The National Environmental Policy Act of 1969 creates a complex and elaborate system of processes that have to be followed before a federal agency can acquire property, even for free.
As Janet Kennedy explained it last night, the first step was a “preliminary project proposal,” which started the NEPA process, leading to the draft EA examining whether the proposal “would significantly affect the environment” and proposing alternatives (in this case just two: take it or leave it).
What is happening now is the legally required comment period, after which a final EA will be issued and the regional supervisor will or will not issue a Fonsi, which is not a character in an old sitcom but a Finding of No Significant Impact, after which the Acting Fish and Wildlife Director in Washington may grant “permission to expand the boundary” of the existing Missisquoi National Wildlife Refuge, which will include the Dunn land, non-contiguous though it may be.
Got all that?
There is also the possibility that the whole process didn’t start soon enough. The trustees of the Dunn estate seemed to have had trouble navigating the political shoals in Washington until they turned to the Vermont Land Trust for help.
“You would think that giving away this land would take a ten-minute meeting and a handshake,” said Mark Frederick of the Community Financial Services Group, which is handling the Dunn trust. “But some said it wasn’t their jurisdiction, others said the property was too small for them, or they didn’t have the funding.”
When the VLT came into the picture, Frederick said, so did Vermont’s Congressional delegation, and then the process began to move.
In time? Jonathan Wood, the Vermont Agency of Natural Resources Secretary who conducted last night’s hearing with a booming voice and a soft touch, said he thought so. The state’s Fish and Game Department (part of Wood’s agency) will probably end up managing the new addition to the federal system, but it won’t cost much. The basic management plan is to leave it alone, and anyway the feds will pay for most of what has to be done.
See? A no-brainer slam-dunk.
Unless it isn’t.







