White Paper: Options for Managing the Land Protection Component of the PRRIP

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Land Entity White Paper November 30, 1999 E. Constraints on an Entity Owning Land Under Nebraska Law If Program habitat land is not to be held by a government, the Land Entity will 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 acquire an interest in any title to real estate used for farming or ranching. The term "syndicate" is defined very broadly with the intention to exclude anyone other than farmers living on the land and their families. Non - profit corporations are an exception to this prohibition. V. Non -Legal Factors in Evaluating Options In the interviews conducted with the signatories and stakeholders, a number of policy or implementation issues were raised which are not strictly legal but which are important to understanding how various parties will weigh the pros and cons of the land protection options. They may be factors in evaluating whether the various potential Land Entity structures meet Program needs. Legislative Action Required — Given the high profile of the Cooperative Agreement, legislative change may be plausible to accommodate some options that are not within the state or federal authorities as they currently exist and are summarized above and in Appendix A. As a practical matter, however, the more interaction required with federal and state legislative bodies, the longer the process and the more potentially unpredictable the results of such interaction. On the other hand, if achieved, legislative approval of any selected approach will clearly validate the Program. Certainty/Predictability — Concerns exist on all sides at finding a balance between flexibility in decision making and assuring that the Land Entity carries out its tasks in a manner that is consistent with Program intent and agreements, and does not develop an independent mission. Ability to Respond Quickly - In land negotiations, an ability to respond to landowner circumstances quickly may mean the difference between success and failure. Accountability - Activities and expenditures must meet the standards of fiscal accountability and record - keeping of the four signatories. Endangered Species Act - Actions of any Land Entity must meet Endangered Species Act objectives of the Program. The signatories are all concerned that land protection products are high quality, cost effective and a good return for the time and effort expended. Level of land%abitat protection achieved (temporary /permanent) - Some land protection techniques will achieve protection for a term of years or of a temporary nature such as leases and management agreements. Others, such as purchase of conservation 0