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As to the first assertion, section 1.170A-14(d)(3)(i),
Income Tax Regs., interprets section 170(h)(4)(A)(ii) to provide
that a qualified real property interest will meet the
conservation purposes test, and thus satisfy the third
requirement before us, if that interest is contributed “to
protect a significant relatively natural habitat in which a fish,
wildlife, or plant community, or similar ecosystem, normally
lives”. For this purpose, section 1.170A-14(d)(3)(ii), Income
Tax Regs., lists as examples of significant habitats and
ecosystems: (1) Habitats for rare, endangered, or threatened
species of animals, fish, or plants, (2) natural areas that
represent high quality examples of a terrestrial or aquatic
community, such as islands that are undeveloped or not intensely
developed where the coastal ecosystem is relatively intact, and
(3) natural areas which are included in, or which contribute to,
the ecological viability of a local, State, or National park,
nature preserve, wildlife refuge, wilderness area, or other
similar conservation area. Section 1.170A-14(d)(3)(iii), Income
Tax Regs., explains that a contribution of a qualified real
property interest that meets this significant habitat or
ecosystem test is deductible even if, as here, the public’s right
to access that property is restricted. The legislative history
of the TTEA states that a contribution is “considered to be made
for conservation purposes if it will operate to protect or
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