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

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Land Entity White Paper November 30, 1999 Regulations (CFR) does not set up an agreement process leading to funding of some joint entity. It merely calls for using existing authorities cooperatively. The ESA also calls for cooperation with the states, 16 U.S.C. Sec. 1535(a). The ESA specifically authorizes the Secretary to enter into agreements with any state "for the administration and management of any area established for the conservation of endangered and threatened species." Sec. 1535(b). The ESA provides for "cooperative agreements" with the states to establish and maintain and active program for the conservation of endangered species. Sec. 1535(c). This provision does not appear to be related to ventures like the proposed Program; it concerns federal assistance to a broad state endangered species program, which must annually be certified adequate to address all resident listed species of fish or wildlife. C. Constraints on Transferring Funds to a Program Land Entity and on the Entity's Use of Funds Federal funds can be transferred to a Land Entity either in the form of "assistance and cooperation" under a cooperative agreement, or of a grant to another government or to a non- profit corporation. Each of the four participating governments retains authority over its own funds by virtue of its veto power in the Governance Committee, the decision - making body for the proposed Program. Given that authority, and the four governments' ultimate authority to withdraw from the Program, no government can ever be forced, or even asked, to provide funds for an activity that it did not approve. As the Governance Committee, or any subcommittee or entity assigned responsibilities by the Governance Committee, undertakes tasks that need funding, those funds will need to be released (or to have already been transferred) under one or more of four separate arrangements with the individual governments. When a Program Land Entity and/or land management committee is in place, the governments will need a budget oversight and approval process similar to the one that now precedes the transfer of state and federal funds under the Cooperative Agreement. Presently, four separate agreement administrators formally sign for their respective governments, authorizing the release of funds to a contractor. Many of the state and federal grant and/or contract issues were explored by the Finance Committee in developing the relationship with the Nebraska Communities Foundation during the term of the Cooperative Agreement. Presumably in the future, as now, the agreement administrators will be the governments' representatives on the Governance Committee or individuals working closely with the representatives. Given the multiple contracts or grants involved in a single task, the only practical approach is for any issues that might stop payment under a contract to be handled through the Governance Committee (or a finance subcommittee), rather than separately between one government and the Program's committee or Land Entity. This white paper does not attempt to reexamine in depth the requirements to receive state or federal funds under a cooperative agreement, contract or grant; they are generally implementation issues that will not affect the selection of a Land Entity, though they will affect A-