Options for Creating a Land Interest Holding Entity

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Summary Points This report has presented options for both creating a new land entity and using an existing national nonprofit organization to #ulfill the responsibilities of the LIHE. While it is not the roie of Conservation Partners to make recommendations on directions to proceed, a number of observations cQme out of the analyses made to date. 1. Choice bettiveen fixisting and New Entities It is always easier to use an existing, already established entity than to create a new organization. Existing entities have established staff, governance structures, procedures and track recards which are known quantities. Existing entities da not raise issues o# whether there needs to be federal or state enabling legislation which may be the case with new entities. Creating a new organization involves risks and costs that maY not have to be borne by using an existing organizatian. These include establishing the governance structure, hiring competent staff and developing arganizational capability. The big plus of new entities is fhat they can be tailored to fit the jab. While either option can be expensive, the costs aE start-up for a new entity probably make it more expensive. The trick with existing oxganizations is that the rnissions, operating structure and styles must be compatibie with the direction of the Governance Committee and that a detailed agreement be developed which spells out clear responsibilities and expectatzons. 2. Sorting Out the Existing Organizations None of the #our existing organizations identified in this report have complete overlap with the functions identified for the LIHE and all of them are somewhat cautious, but willing to explore this role. Far example, the Center far Natural Lands Management focuses primarily on managing lands with special ecolagical values and the real estate and land hold'zng functions are clearly secondary to land management. Both The Conservation Fund and Trust for Pubiic Land are primarily Iand transaction entities and do little long term holding of lanci, althvugh in the case of TPL this may be changing. The Natianal Fish and Wildlife Foundation is generally mare directiy involved in projects than the role anticipated for the LIHE, but it has performed many of the functions identified and is holding Iand interests for longer periods. It is involved in other habitat canservation efforts sirnitar to the Platte River. Qur sense is that NFWF is the closest of the four organizativns in terms of capability and matching objectives. AIl of these organizations have expressed interest in performing the LIHE tunctions i£ the proper structure for an agreement can be negotiated, there is adequate compensation for their services and the lines of decision-making are ciear. One approach might be to send out a Request for Proposals (RFP) to likely candidate organizations and see how they respond. However, such an approach may not be effective since many of the issues will have to be worked out in negotiations. Alternatively, the Governance Carnmittee can make an informed decision on the best potential partner and begin negatiations towards an agreement, which will be necessary in any case. Conservation Parlners, Ine. P. 13