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

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Land Entity White Paper November 30, 1999 Interlocal Cooperation Act, except that it does not explicitly authorize agreements with other states. Wyoming's attorneys are of the view that, although the joint activities contemplated in the proposed Program are not explicitly authorized, provided a public benefit is obtained for Wyoming, there is nothing to bar the state from participating in and funding joint Program activities. Colorado appears to have wide options, but has no experience applying them and may need legislative action to do so. Colorado's Revised Statutes and Court Rules provide that governments (including other states) may cooperate or contract with one another to carry out any function with the approval of the legislature. A contract can call for the joint exercise of powers, including the establishment of a separate legal entity to do so. Sec. 29 -1 -203. While apparently authorized, there is little experience with this statute in interstate or joint state /federal undertakings. For example, on the Colorado River, the state of Colorado makes its contributions independently, and it is not clear on the face of the statute what cooperative situations would require legislative approval, or what form of legislative approval is needed. It seems likely that state appropriations for a Program in an agency's budget would constitute approval, if needed. There is at least a small possibility that joint actions would need more comprehensive legislative action before funding could begin. B. Constraints on Transferring Funds to a Program Land Entity and on the Entity's Use of Funds Each of the four governments has an obligation to account for taxpayer funds. No matter what form a Land Entity might take, funds will need to be released under one or more of four separate arrangements with the individual governments to transfer and account for funds. 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. Issues that might cause one government to question making a payment are handled through the Governance Committee or its finance subcommittee, rather than separately between one government and the contractor. In varying degrees, each government imposes comprehensive conditions on the receipt of funds so that it can demonstrate that the taxpayers' money was spent as agreed. All four governments have accountability requirements; funds will need to be matched to specific tasks carried out in specific time periods, with records demonstrating that funds were expended as approved. Several key federal regulations raise issues described belu that are beyond accountability and may affect how the role of the Land Entity is vieweu or selected. 7