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

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Land Entity White Paper November 30, 1999 easements or acquisition in fee will achieve permanent land protection. Local landowner interests urge acquiring interests in land other than full fee interests, so that local land uses can be retained, at least in part. This seems to be viewed as less disruptive to the community, and can reduce the cost per acre protected or the cost efficiency of the funds expended can increase. On the other hand, some of the other Program participants are interested in the certainty of fee ownership, both for the long -term protection values and for purposes of recovering equity if the Program is discontinued. Flexibility in Acquisition Strategies — Acquisition strategies are a policy and implementation matter beyond merely identifying a Land Entity, though they may shape how a Land entity is empowered and structured. Some landowners have concerns with the concept of "perpetual" environmental protection, and prefer more temporary and short-term agreements -- at least at the beginning -- to evaluate program fairness ( "walk before you run "). Other participants have cautioned that too many short-term deals could lead to a Program without a land component unless, as leases expire, alternative habitat lands are found and readied to replace the leased lands leaving the Program. Concerns have also been raised that, under a short-term lease scenario, money expended restoring leased lands would be lost if the land leaves the Program. If, as seems likely, a strategy of gradually building support for longer term techniques by implementing shorter term measures ( "building towards perpetuity "), and/or a menu of flexible and creative acquisitions is desired or needed, success may be enhanced by designing these strategies into the charter or articles of incorporation of the deal - making entity. If flexible transactions are desired, the deal - making and land - managing entity or entities will also need to have or to develop a staff that understands the variety of land transactions that will likely be pursued, and how strategies may change over time. Potential Liability - Acquisition of lands or interests in lands will create liabilities for holding entities. There is a need to understand liabilities of ownership, management and restoration of habitat lands. Balance of Power ( landowner /stakeholderAocaUstate/federal) — Who makes decisions and how to accommodate dissent are extremely important issues. Local, community and landowner interests in Nebraska strongly desire a land protection program that is responsive to local concerns. They want "local control," which seems to be defined as local landowners not just offering advice and getting information, but having an active, affirmative ability to assure that lands are managed in a way that will not harm neighbors. On the other hand, the state and federal entities which are funding land protection legally and practically need to retain enough control to ensure that funds are spent as intended, and have strong interests in assuring that a Land Entity is cost - efficient and achieves Program objectives. The governments' and stakeholders' views about who makes decisions for the Program and what discretion can exercised in implementing Program decisions will be factors that shape the organizational relationships agreed upon between a Land Entity or entities and the Governance Committee, and the make up of the Land Entity's governing body, any land committees, and perhaps the Governance Committee itself. 10 a