2.3 Exchange Ideas

1. MCA Field Guide
2. MCA Field Guide Checklist
3. Phase 2: Engagement Checklist
4. 2.1 Team selected
5. 2.2 Plan developed
6. 2.3 Ideas exchanged
7. 2.4 Agreement verified

During this sub-step in the Marine Conservation Agreement (MCA) process, the engagement team meets with right-holders and other relevant direct stakeholders to exchange ideas about the possible MCA. Ideally the first meeting involves only a small number of essential people. Subsequent meetings can include additional people as necessary, but the first meeting should be kept small as a means to keep the discussion informal and flexible, but still on point. Depending on the engagement team's historical working relationship with the right-holders and other stakeholders, this initial discussion may need to proceed slowly and with sensitivity (see example box).

The engagement team should explain to right-holders and other stakeholders who the team is, the general conservation outcome they are after, and the initial idea for the MCA mechanism (i.e., an illustration of an MCA elsewhere). Presentation of the idea should be simple and well articulated so everyone in the discussion understands the concept. Initial discussions should include learning about the right-holders' and stakeholders' issues, goals, activities, interests, and their initial impression about the proposed agreement.

Thoughts should also be exchanged about the possibility of an initial, short-term “trial” agreement versus a longer-term, possibly perpetual agreement. Short-term agreements allow both parties to evaluate and refine the agreement before entering into a long term agreement. While long-term agreements ensure that investments are protected. If a long-term agreement is desired, the engagement team, right-holders and other stakeholders can wok together to help “sell” the agreement to potential funders.

Ocean and Coastal Issues: Private right-holders of lands, resources and ecosystem services associated with ocean and coastal waters may not fully realize what rights they possess. Oftentimes private rights within ocean and coastal waters are held in connection with adjacent uplands, where the upland right-holders' use and occupancy has focused. Also, rights to such lands, resources and services may have been acquired for long-past activities (such as shellfish harvesting) which are no longer in operation. With the lands, resources and services left fallow, private right-holders may have forgotten about their rights and not realize their potential financial or ecological values. Last, oftentimes boundaries relating to ocean and coastal waters may not be clear. While public or private entities may believe they possess rights over certain lands, resources and services, they may not be able to provide proof of that possession or to determine where it is located on the seascape.

Fee-simple Issues: Lands, resources and ecosystem services associated with ocean and coastal waters that are owned by public agencies are rarely for sale in fee-simple. While this is not always the case, fee-simple purchase will likely be from existing private owners only.

Lease Issues: If the right-holder is a government agency with leasing authority, this is an appropriate time to obtain the agency-specific lease applications, procedures, requirements, and standardized/template lease documents (if they exist). The agency may not have previously considered using its leasing authority for conservation purposes so a careful approach is recommended.

Letter of Intent

Sending a formal Letter of Intent (LOI), which describes the proposed MCA project, to the right-holders is optional. Some organizations skip this step, but others send the LOI because it can be useful for sketching out basic deal points before much time and energy is invested in negotiating documents. LOIs should always be worded carefully to ensure they are “non-binding.” The engagement team will have to determine whether an LOI is appropriate given the social, cultural and legal contexts of the MCA and, if so, when best to send it (i.e., before or after the initial engagement meeting).

U.S. Uniform Relocation Act Notice

In the United States, if there is any chance that federal funds will be used in the MCA deal (either in the deed-in or in the later deed-out), federal law requires that a Uniform Relocation Act (URA) Notice must be sent to the owner prior to discussing property value or financial offers (i.e., before a Letter of Intent is sent, see below). As such, under these circumstances property values and financial offers should not be discussed during any meetings until the URA Notice has been sent.

Fee-simple Issues: URA notices may not be necessary for acquisitions of public property. However, to be safe, it is wise to send the URA Notice any time federal funds are being used. If there are good reasons for not doing so, then an attorney should be consulted. 

Lease Issues: URA notices may not be necessary for leases less than 50 years in duration. However, to be safe, it is wise to send the URA Notice any time federal funds are being used. If there are good reasons for not doing so, then an attorney should be consulted.

Disclosure Form

At some point after initial agreement on the MCA project has been reached, the engagement team may want or need to obtain a disclosure form from the right-holders and any other direct stakeholders who will benefits from the MCA. A disclosure form will confirm that right-holders and stakeholders do not have a conflict of interest with any of the participating conservation organizations.

Discuss Terms

Eventually, during the initial engagement phase, the terms and conditions of the MCA, as well as plans for implementation, should be discussed and conceptually agreed upon by the engagement team, right-holders and other stakeholders (such as any authorizing regulatory agencies). This includes reaching agreement on how the accomplishments of conservation objectives will be determined. Outstanding issues related to the site, MCA terms and conditions, or process should be noted and, if necessary, resolved during Phase 3: Agreement Design.

Next Sub-step

After the engagement team exchanges ideas with right-holders and other direct stakeholders, the team must verify that all participants are in agreement with how to proceed.

Proceed to 2.4 Verify Agreement

Return to Top