CRERPA/Gateway Land Trust Collaboration Initiative

Meeting: January 20, 2010

Reference for

Land Trust Alliance Standards and Practices

For Fundraising, Recordkeeping, and Stewardship

SWOT Analysis Template

Table of Contents

Fundraising ………………………………………………….. pg. 1

Recordkeeping ………………………………………………. pg. 2

Stewardship ………………………………………………….. pg. 5

Fundraising

Standard 5: Fundraising

The land trust conducts fundraising activities in an ethical and responsible manner.

A. Legal and Ethical Practices. The land trust complies with all charitable solicitation

laws, does not engage in commission-based fundraising, and limits fundraising costs to a

reasonable percentage of overall expenses.

B. Accountability to Donors. The land trust is accountable to its donors and provides

written acknowledgement of gifts as required by law, ensures that donor funds are used as

specified, keeps accurate records, honors donor privacy concerns and advises donors to

seek independent legal and financial advice for substantial gifts.

C. Accurate Representations. All representations made in promotional, fundraising, and

other public information materials are accurate and not misleading with respect to the

organization's accomplishments, activities and intended use of funds. All funds are spent

for the purpose(s) identified in the solicitation or as directed in writing by the donor.

D. Marketing Agreements. Prior to entering into an agreement to allow commercial entities

to use the land trust’s logo, name or properties, the land trust determines that these

agreements will not impair the credibility of the land trust. The land trust and commercial

entity publicly disclose how the land trust benefits from the sale of the commercial entity’s

products or services.

Recordkeeping

Standard 2: Compliance with Laws

The land trust fulfills its legal requirements as a nonprofit tax-exempt organization and complies

with all laws.

D. Records Policy. The land trust has adopted a written records policy that governs

how organization and transaction records are created, collected, retained, stored and

disposed. (See 9G.)

Standard 5: Fundraising

The land trust conducts fundraising activities in an ethical and responsible manner.

B. Accountability to Donors. The land trust is accountable to its donors and provides

written acknowledgement of gifts as required by law, ensures that donor funds are used as

specified, keeps accurate records, honors donor privacy concerns and advises donors to

seek independent legal and financial advice for substantial gifts.

Standard 6: Financial and Asset Management

The land trust manages its finances and assets in a responsible and accountable way.

B. Financial Records. The land trust keeps accurate financial records, in a form

appropriate to its scale of operations and in accordance with Generally Accepted

Accounting Principles (GAAP) or alternative reporting method acceptable to a qualified

financial advisor.

Standard 9: Ensuring Sound Transactions

The land trust works diligently to see that every land and easement transaction is legally,

ethically and technically sound.

G. Recordkeeping. Pursuant to its records policy (see 2D), the land trust keeps originals

of all irreplaceable documents essential to the defense of each transaction (such as legal

agreements, critical correspondence and appraisals) in one location, and copies in a

separate location. Original documents are protected from daily use and are secure from

fire, floods and other damage.

I. Recording. All land and easement transactions are legally recorded at the appropriate

records office according to local and state law.

Standard 12: Fee Land Stewardship

The land trust has a program of responsible stewardship for the land it holds in fee for

conservation purposes.

E. Land Stewardship Administration. The land trust performs administrative duties in

a timely and responsible manner. This includes establishing policies and procedures,

keeping essential records, filing forms, paying insurance, paying any taxes and/or securing

appropriate tax exemptions, budgeting, and maintaining files.

Stewardship

Standard 6: Financial and Asset Management

The land trust manages its finances and assets in a responsible and accountable way.

G. Funds for Stewardship and Enforcement. The land trust has a secure and lasting

source of dedicated or operating funds sufficient to cover the costs of stewarding its land

and easements over the long term and enforcing its easements, tracks stewardship and

enforcement costs, and periodically evaluates the adequacy of its funds. In the event that

full funding for these costs is not secure, the board has adopted a policy committing the

organization to raising the necessary funds. (See 6F, 11A and 12A.)

Standard 8: Evaluating and Selecting Conservation Projects

The land trust carefully evaluates and selects its conservation projects.

B. Project Selection and Criteria. The land trust has a defined process for selecting

land and easement projects, including written selection criteria that are consistent with its

mission. For each project, the land trust evaluates its capacity to perform any perpetual

stewardship responsibilities.

G. Project Planning. All land and easement projects are individually planned so that the

property's important conservation values are identified and protected, the project furthers

the land trust’s mission and goals, and the project reflects the capacity of the organization

to meet future stewardship obligations.

J. Partnership Documentation. If engaging in a partnership on a joint acquisition or

long-term stewardship project, agreements are documented in writing to clarify, as

appropriate, the goals of the project, roles and responsibilities of each party, legal and

financial arrangements, communications to the public and between parties, and public

acknowledgement of each partner’s role in the project.

Standard 9: Ensuring Sound Transactions

The land trust works diligently to see that every land and easement transaction is legally,

ethically and technically sound.

L. Transfers and Exchanges of Land. If the land trust transfers or exchanges conservation

land or easements, the land trust considers whether the new holder can fulfill the long term

stewardship and enforcement responsibilities, ensures that the transaction does not

result in a net loss of important conservation values and, for donated properties, ensures

that the transfer is in keeping with the donor's intent. If transferring to a party other than

another nonprofit organization or public agency, the consideration is based on a qualified

independent appraisal (or letter of opinion when the property has a very low economic

value) in order to prevent private inurnment or impermissible private benefit.

Standard 11: Conservation Easement Stewardship

The land trust has a program of responsible stewardship for its easements.

Practices

A. Funding Easement Stewardship. The land trust determines the long-term stewardship

and enforcement expenses of each easement transaction and secures the dedicated

or operating funds to cover current and future expenses. If funds are not secured at or

before the completion of the transaction, the land trust has a plan to secure these funds

and has a policy committing the funds to this purpose. (See 6G.)

B. Baseline Documentation Report. For every easement, the land trust has a baseline

documentation report (that includes a baseline map) prepared prior to closing and signed

by the landowner at closing. The report documents the important conservation values

protected by the easement and the relevant conditions of the property as necessary to

monitor and enforce the easement. In the event that seasonal conditions prevent the

completion of a full baseline documentation report by closing, a schedule for fi nalizing the

full report and an acknowledgement of interim data [that for donations and bargain sales

meets Treasury Regulations §1.170A-14(g)(5)(i)] are signed by the landowner at closing.

C. Easement Monitoring. The land trust monitors its easement properties regularly,

at least annually, in a manner appropriate to the size and restrictions of each property,

and keeps documentation (such as reports, updated photographs and maps) of each

monitoring activity.

D. Landowner Relationships. The land trust maintains regular contact with owners of

easement properties. When possible, it provides landowners with information on property

management and/or referrals to resource managers. The land trust strives to promptly

build a positive working relationship with new owners of easement property and informs

them about the easement's existence and restrictions and the land trust’s stewardship

policies and procedures. The land trust establishes and implements systems to track

changes in land ownership.

E. Enforcement of Easements. The land trust has a written policy and/or procedure

detailing how it will respond to a potential violation of an easement, including the role

of all parties involved (such as board members, volunteers, staff and partners) in any

enforcement action. The land trust takes necessary and consistent steps to see that

violations are resolved and has available, or has a strategy to secure, the financial and

legal resources for enforcement and defense. (See 6G and 11A.)

F. Reserved and Permitted Rights and Approvals. The land trust has an established

procedure for responding to landowner required notices or requests for approvals in

a timely and consistent manner, and has a system to track notices, approvals and the

exercise of any significant reserved or permitted rights.

G. Contingency Plans/Backups. The land trust has a contingency plan for all of its

easements in the event the land trust ceases to exist or can no longer steward and

administer them. If a backup grantee is listed in the easement, the land trust secures

prior consent of the backup grantee to accept the easement. To ensure that a backup

or contingency holder will accept an easement, the land trust has complete and accurate

files and stewardship and enforcement funds available for transfer. (See 11H.)

H. Contingency Plans for Backup Holder. If a land trust regularly consents to being

named as a backup or contingency holder, it has a policy or procedure for accepting

easements from other land trusts and has a plan for how it will obtain the financial

resources and organizational capacity for easements it may receive at a future date. (See

11G.)

I. Amendments. The land trust recognizes that amendments are not routine, but can

serve to strengthen an easement or improve its enforceability. The land trust has a written

policy or procedure guiding amendment requests that: includes a prohibition against

private inurnment and impermissible private benefit; requires compliance with the land

trust’s conflict of interest policy; requires compliance with any funding requirements;

addresses the role of the board; and contains a requirement that all amendments result in

either a positive or not less than neutral conservation outcome and are consistent with the

organization’s mission.

J. Condemnation. The land trust is aware of the potential for condemnation, understands

its rights and obligations under condemnation and the IRC, and has appropriate

documentation of the important conservation values and of the percentage of the full value

of the property represented by the easement. The land trust works diligently to prevent a

net loss of conservation values.

K. Extinguishment. In rare cases, it may be necessary to extinguish, or a court may

order the extinguishment of, an easement in whole or in part. In these cases, the land

trust notifies any project partners and works diligently to see that the extinguishment will

not result in private inurnment or impermissible private benefit and to prevent a net loss

of important conservation values or impairment of public confidence in the land trust or in

easements.

Standard 12: Fee Land Stewardship

The land trust has a program of responsible stewardship for the land it holds in fee for

conservation purposes.

A. Funding Land Stewardship. The land trust determines the immediate and long-term

financial and management implications of each land transaction and secures the dedicated

and/or operating funds needed to manage the property, including funds for liability

insurance, maintenance, improvements, monitoring, enforcement and other costs. If funds

are not secured at or before the completion of the transaction, the land trust has a plan to

secure these funds and has a policy committing the funds to this purpose. (See 6G.)

B. Stewardship Principles. The land trust establishes general principles to guide the

stewardship of its fee-owned properties, including determining what uses are and are

not appropriate on its properties, the types of improvements it might make and any land

management practices it will follow.

C. Land Management. The land trust inventories the natural and cultural features of each

property prior to developing a management plan that identifies its conservation goals for

the property and how it plans to achieve them. Permitted activities are compatible with the

conservation goals, stewardship principles and public benefit mission of the organization.

Permitted activities occur only when the activity poses no significant threat to the important

conservation values, reduces threats or restores ecological processes, and/or advances

earning and demonstration opportunities.

D. Monitoring Land Trust Properties. The land trust marks its boundaries and regularly

monitors its properties for potential management problems (such as trespass, misuse or

overuse, vandalism or safety hazards) and takes action to rectify such problems.

E. Land Stewardship Administration. The land trust performs administrative duties in

a timely and responsible manner. This includes establishing policies and procedures,

keeping essential records, fi ling forms, paying insurance, paying any taxes and/or securing

appropriate tax exemptions, budgeting, and maintaining files.

F. Community Outreach. The land trust keeps neighbors and community leaders

informed about its ownership and management of conservation properties.

G. Contingency Backup. The land trust has a contingency plan for all of its conservation

land in the event the land trust ceases to exist or can no longer manage the property. To

ensure that a contingency holder will accept the land, the land trust has complete and

accurate files and stewardship funds available for transfer.

H. Nonpermanent Holdings. When a land trust holds fee land with the intention to sell or

transfer the land, the land trust is open about its plans with the public and manages and

maintains the property in a manner that retains the land trust’s public credibility. (See 8L.)

I. Condemnation. The land trust is aware of the potential for condemnation, understands

its rights and obligations under condemnation, and works diligently to prevent a net loss in

conservation values.