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Land Entity White Paper <br />November 30, 1999 <br />results of monitoring, peer review and land management programs. The LOC would <br />make decisions or recommendations to the Governing Committee for approval, <br />depending on the amount of discretion in the LOC's charter. Under normal <br />circumstances, most recommendations of the LOC would be approved, with only major <br />issues or those on which consensus is not possible actively reviewed by the Governance <br />Committee. <br />The Governance Committee would appoint LOC members. Membership and the <br />appointment process would need to be agreed upon to assure appropriate representation <br />of Governance Committee members and key constituencies important to the success of <br />the land protection program. The LOC, itself or through contractors, would negotiate <br />deals, carry out transactions, develop detailed restoration and management plans for <br />individual parcels, modify them consistent with adaptive management results, coordinate <br />activities among Program lands, coordinate activities with neighbors, and implement <br />restoration and management plans. The LOC would not be a legal entity and could not <br />hold interests in land. Funding would also need to pass through a legal entity, as it did <br />during the Cooperative Agreement through the signatories' contracts with the Program's <br />Executive Director and the Nebraska Communities Foundation. Thus, a Land Entity or <br />land entities would be needed in addition to an LOC to implement the complete land <br />component of the Program. <br />A Land Entity or Entities under the oversight of an LOC could be given a range of <br />responsibilities. On one hand, the LOC could oversee a contract with a single Land <br />Entity to carry out most of the land component's implementation functions, including <br />authority over day -to -day implementation decisions, very similar to the Land Entity's <br />responsibilities in Option 2. This option might work very like Option 1, with the LOC <br />acting as if it were the Board of Directors of an Option 1 -type Land Entity, and the <br />Option 3 -type Land Entity acting as if it were the Board's staff. At the other end of the <br />spectrum, the Governance Committee could use the LOC to carry out or very closely <br />supervise planning and implementation matters, using an entity to handle funds, and a <br />group of Land Entities or contractors to hold interests in Program lands and to carry out <br />individual, non - discretionary tasks. The greater the share of the implementation work <br />retained by the LOC, the greater the likelihood that the LOC will need a staff, either paid <br />or volunteered by Program participants from their own staffs. If the LOC's staff were <br />paid, this would simply be a variation on the contractor/Land Entity model. <br />Figures 3A and 3B on the following pages show two alternative ways that Option <br />3 can be implemented. <br />Advantages <br />• Significant decisions are in the hands of a body very close to the signatories who <br />provide the money, so more likely to pass muster on accountability. <br />• The LOC has the membership and presence, as well as the scope and flexibility, <br />to coordinate implementation throughout Program habitat areas. <br />16 <br />