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Land Endty White Paper <br />November 30, 1999 <br />Land Entity structure fonned. Federal employee particigatian as bQard or committee members is <br />at most an implementation issue. <br />2. State njNebraska <br />u C''onstruints an Finartcial Participation <br />The Nebraska Natural Resources Commissian (NRC), which has been the lead state <br />agency in the Coaperative Agreement process, is the official agency created in connection with <br />water resources development. Nebraska Revised Statutes Annotated, Sec. 2-1504, It is broadly <br />ctzarged with planning, develaping and promoting a comprehensive plan for resaurce <br />development in cooperation with lacal govemments including NRDs, providing assistance as <br />may be appropriate to local governments, and secUring the cooperation and assistance of the <br />federal government in the work of lacal governments. Sec. 2-1507. The NRC is explicitly <br />authorized to acquire interests in land and water in order to develop Nebraska's [and and water <br />resources. Sec.2-1590. <br />b. Constraints on Intergvvernmerrtal Efforts <br />The [ands of interest are Nebraska lands, and the Program is intended to benefit, in part, <br />the future productive use of Nebraska's water resources. Clearly NRC has the authority to <br />engage in and contract for land and land management activities through direct appropriations <br />that could count toward the land compnnent of a Program (though it has never exercised tha.t <br />authority)_ This does not even consider the potentially overlapping authorities of the Department <br />of Water Resources, the Game and Parks Comrnission 4r the Naturat Resource Districts along <br />the Platte. In addition, there are a variety of grant programs within the NRC, and the <br />environmental ly-directed lottery grogram which coutd in some circumstances be used to direct <br />funds toward the management of lands as wildlife habitat. Nebrasica law alsa specifically allows <br />NRC and ather agencies to work with other govemments. <br />Nebraska state agencies and locat governments also have the authority to use a variety of <br />options to carry out their responsibilities cooperatively with one another or with other <br />governments. Article XV of the Nebraska Constitutian, Sec. 18 pravides that the sta.te may <br />perform any af its functions jointly or in cooperatian with any ather government enti#y within vr <br />without the state. Under the Interlocal Cooperation Act, Nebraska Revised Statutes Annatated, <br />Secs. 13-80I et seq., local and state government units working jointly with one another, with the <br />federal govemment or with agencies of other states, may enter into contracts jointly or with one <br />another to share the work or costs. They may hire an administrator, create a joint board ar a <br />joint entity (with legal status), or create any other lega[ or administrative entity created to operate <br />the joint or cooperative undertaking. It was explicitly recognized that this iype of organization <br />might need to acquire property, as the agreement to proceed jointly has to say how real and <br />personal property will be acquired and disposed af. Sec. 13-804. <br />A- 6