White Paper: Option for Land Protection Component

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I,and 8ntity White Paper November 30, 1999 E. Canstraints on an Eirtity Owning Land Under Nebraska Law If Program habitat land is not to be held by a govemment, the Land Entity wilt need to be a non-profit to hold lands in Nebraska. Article XII, Sec. 8 of the Nebraska Constitution states that no corporation or syndicate shall acyuire an interest in any #itle to real estate used for farming or ranching. The term "syndicate" is defineci very broadly with the intention to exclude anyone ather than farmers living an the land and their families. Nan-proftt corporations are an exceptivn to this prohibition. V. Non-Leggl Factors in Evaluating Options In the interviews conducted with the signatories and stakehnlders, a number af palicy or implementation issues were raised which are not strictty Iegal but which are important to understanding how various parties will weigh the pras and cons of the Iand protection options. They may be factQrs in evaluating whether the various patential I,and Entity structures meet Program needs. tegislarive Action Required - Given the high prafile of the Covperative Agreement, legislative change may be plausihle to accommodate svme options that are nat within the state or federal authorities as they currently exist and are summarized above and in Appendix A. As a practicai matter, however, the more interaction required with federal and state legislative bodies, the langer the process and the more potentially unpredictable the results of such intsraction. On the other hand, if achieved, legislative approval of any selected approach will clearly validate the Pragram_ Certatnty/Predictability - Concerns exist on aly sides at f nding a halance between flexibility in decision making and assuring that the Land Eritity carries out its tasks in a manner that is consistent with Program intent and agreements, and does not develop an independent mission. Ability ta Respond Quickly - In land negotiations, an ability to respond to landowner circumstances quickly may mean the difference between success and failure. Accnurrlability - Aetivities and expenditures must meet the standards of f scal accountability and record-keeping of the four signatories. En[tungered Species Act - Actions of any Land Entity must meet Endangered Species Act objectives of the Program. The signatories are all cancemed that land protectian products are high quality, cost effective and a good retum for the time and effart expended. Level of land/habitat protection acheeved (temporary/permanenl) - Some Iand protection techniques will achieve protection for a term of years or af a temporary nature such as leases and management agreements. Others, sueh as pu.rchase of conservation 9