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

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Land Entity White Paper November 30, 1999 2. Use the National Fish and Wildlife Foundation (NFWF) The NFWF is a publicly chartered non - profit corporation. For organizational purposes, it falls within the DOI, though it is an independent entity that does not receive directions from any part of DOI, 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 federal, state and local interests. FWS is specifically empowered to fund projects involving interdepartmental, intergovernmental and public /private cooperation through the NFWF (see 16 U.S.C. Secs. 3702 - 3709). Appropriation of federal funds to an existing federal corporation -- the National Fish and Wildlife Foundation) -- is routine and would require no greater legislative action than budget approval in the appropriations process. NFWF appears capable of contracting to take on any role from simply holding interests in land and providing access to Program contractors, to operating as a fiduciary agent and managing money flows, to active project management and coordination. It receives a negotiated fee for its services and is restricted from engaging in either advocacy or litigation. It has a great deal of experience in working with local communities, 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, allow the U.S. Fish and Wildlife Service the option during the first year after acquisition to take any land acquired with federal money for a federal wildlife refuge. (If the Program decided to use NFWF, this option would presumably have to be clearly waived in advance by FWS). NFWF is also required to purchase only "long- term" interests, but this is presumably as defined by the Program. NFWF is also expressly required to acquire lands and dispose of lands at fair market value subject to the federal appraisal process, return the land acquired with federal funds (or its fair market value) to the federal government, or use another DOI agreed -to dissolution process which will lead to protection of this or other habitat if it is no longer 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 could be addressed by pursuing the possibility of establishing a separate project or non -profit corporation under NFWF. A separate board of directors could govern this separate organization. Advantages • Requires no new legislation or authority. • NFWF is a respected partner with federal and state governments and has experience in accomplishing tasks. 9.0