White Paper: Option for Land Protection Component

Home Browse Search

Land Entity Wiute Paper November 34, 1999 2. Use the National Fish and Wildlife Foundation (NFK'F) The NFWF is a publicfy chartered non-profit corporation. For organizational purposes, it falls within the DOI, though it is an independent entity that does not receive directians from any part of DQI, and does not report to the Secretary of the Interior except as one of the directors on its board. NFWF often serves as an implementation entity for protection of important habitat involving federa.l, state and 1ocal interests. FWS is specifically empowered to fund prajects involving interdepartmental, intergovernmental and public/private coopera#ion through the NFWF (see 16 U. S.C. Secs. 3702-3709), Appropriation of federal funds to an existing federal corporation -- the National Fish attd Wildlife Foundation) -- is routine and would reqnire no greater legislative action than budget approval in the approgriations process. NFWF appears capable of contracting to take on any role from simply holding interests in land and providing access tv Program contractors, to aperating as a fiduciary agent and managing money flows, to active project managernent and coordination. It receives a negotiated fee far its services and is restricted from engaging in either advocacy or fitigation. It has a great deal vf experience in working with local comrnunities, non-profit land conservation organizations and land management and restoration organizations, and has experience raising funds from other sources to enhance habitat funding. NFWF is experienced with applying federal procurement regulations in the acquisition of interests in land. NFWF must also, however, aliow the U.S. Fish and Wildlife Service the option during the ftrst year after acquisition to take any land acquired with federal money for a federal wildlife refuge. (I£ the Program decided to use NFWF, this aption would presumably have to be clearIy waived in advance by FWS). NFWF is also required to purchase only "long-term" interests, hut this is presumably as defined by the PrQgram. NFWF fs also expressly required to acquire lands and dispose of lands at fair market value subject to the federal appraisal process, return the Iand acquired with federal funds (or its fair market value) to the federal government, ar use another DOI agreed-to dissolution process which will lead to protection of this or other habitat if it is no Ionger serving its intended purpose (such as upon Program failure). Sec. 3702(e), These requirements essentially mirror those for land acquisition with federal funds. Representation and control issues cauld be addressed by pursuing the possibility of establishing a separate project or non-profit corporation under NF'WF. A separate board of directors could govern this separate organization. .4dvantages • Reyuires na new legislation or authority. • NFWF is a respected partner with federal and state governments and has experience in accomplishing tasks. 7.0