TAKE A CULTURAL ECO TOUR
TAKE A CULTURAL ECO TOUR
Clickable Guide - Land Trust Alliance:
STANDARDS AND PRACTICES
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STANDARD 1 - Ethics, Mission and Community
Ethics
Mission, Planning and Evaluation
Community Engagement
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STANDARD 2 - Compliance with Laws
Compliance with Laws
Nonprofit Incorporation and Bylaws
Federal Tax Exemption
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STANARD 3 - Board Accountability
Board Responsibility
Board Composition and Structure
Board Governance
Board Approval of Transactions
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STANDARD 4 - Conflicts of Interest
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Legal and Ethical Practices
Accountability to Donors
Fundraising Plan
Non-conservation Real Property for Resale
STANDARD 6 - Financial Oversight
Fiscal Health
Financial Records
External Financial Evaluation
Written Internal Controls
Risk Management and Insurance
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Capacity
Volunteers
Consultants or Contractors
Transition Planning
Staff
STANDARD 8 - Evaluating and Selecting Conservation Projects
Strategic Conservation Planning
Project Selection Criteria and Public Benefit
Project Evaluation
Project Planning
Partnership Documentation
STANDARD 9 - Ensuring Sound Transactions
Legal Review and Technical Expertise
Legal and Financial Advice
Environmental Due Diligence
Determining Property Boundaries
Conservation Easement Drafting
Title Investigation and Recording
Recordkeeping
Purchasing Land or Conservation Easements
Selling or Transferring Land or Conservation Easements
STANDARD 10 - Tax Benefits and Appraisals
Landowner Notification
Legal Requirements: Land Trust Responsibilities
8283
Avoiding Fraudulent or Abusive Transactions
Standard 11 - Conservation Easement Stewardship
Funding Conservation Easement Stewardship
Baseline Documentation Report
Conservation Easement Monitoring
Landowner Relationships
Conservation Easement Enforcement
Approvals and Permitted Rights
Contingency Strategy
Amendments
Condemnation
Partial or Full Extinguishment
STANDARD 12 - Fee Land Stewardship
Funding Land Stewardship
Land Management and Stewardship
Inspecting Land Trust Properties
Contingency Strategy
Condemnation
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Clickable Guide - UOL POLICIES:
and Related Internal Documents
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Goals
Ethics Statement
1. UOL - 2023 Action Plan (not final)
1. UOL - Whistleblower Protection Policy
Reporting Required
What to Report
How to Report
Handling of Reports
Retaliation Prohibited
2. UOL – Compliance with Laws Policy
The Permanent and Project Files
Organizational Documents to be kept in fire safe on location
Financial Records
Personnel Records
Fundraising Records
Administrative Records Management
Record Retention Schedule (and file location)
Indefinitely
For Seven Years
For Five Years
For Three Years
Warning
2. UOL - Articles of Incorporation
2. UOL - Bylaws
2. UOL - IRS Determination Letter
3. UOL – Board Approval of Land Transactions Policy
Preliminary Sub Committee
Preliminary Board Approval
Project is further reviewed by the subcommittee as the transaction proceeds
Final Approval
3. UOL - Board Member Responsibilities
Legal and Fiduciary
Oversight
Fundraising
Responsibilities of Individual Utah Open Lands Board Members
Legal Responsibilities of Nonprofit Boards
Duty of Care
Duty of Loyalty
Duty of Faithfulness
Responsibilities of Utah Open Lands’ Board of Directors
Time Expectation
3. UOL – Board Governance and Composition Policy
4. UOL – Conflicts of Interest Form
4. UOL – Conflicts of Interest Policy
Overall Policy
Fiduciary Responsibility
Avoiding Private Inurement and Excess Private Benefits
Assuring Board Independence
Conflicts of Interest: Definitions
Conflicts of Interest: Disclose. Discuss. Decide. Document
Related Parties
Background
6. UOL – Accounting and Financial Management Policies
Purpose of the Accounting and Financial Management Policies
Summary of Significant Accounting Policies
Basis of Presentation
Unrestricted net assets
Temporarily restricted net assets
Permanently restricted net assets
Accrual Accounting
Cash and Cash Equivalents
Investments
UPMIFA
Furniture and Equipment
Fee Simple Land and Property
Conservation Easements
Income Tax Status
Donated Materials and Services
Contributions of Long-Lived Assets
Grants and Contributions Receivable
Restricted and Unrestricted Contributions
Service Revenues
Use of Estimates
Cost Allocation
Financial Management Policies
Bank Accounts
Line of Credit/Borrowing
General Ledger
Internal Controls
Financial Statements
Audit
Budget
6. UOL - Booking Conservation Easement Donations Policy
6. UOL – Financial and Asset Management Policy
6. UOL – Accountability to Donors and Gift Acceptance Policy
Unrestricted Funds
Restricted Funds
Temporarily Restricted Funds
Permanently Restricted Funds
Board Designated Funds
Acceptance of a Gift
Acceptance of a Restricted Gift
Types of Gifts
Operating Gift
Project Gift
Approval of Gifts
Dual Responsibility
Confidential Information
Gift Acknowledgement
Gift of Securities
Gifts of readily marketable securities may be accepted
Gifts of Personal Property
Gifts of Works of Art
Gifts of Furniture
Gifts of Automobiles and Other Vehicles
Gifts of Tools and Equipment
Gifts of Other Personal Property
Gifts of Real Property
Property Accepted
Bequests and Planned Gifts
8. UOL – Criteria for Accepting Conservation Easements
Criteria
Risk Evaluation
8. UOL – Project Intake and Selection Procedures Policy
Project Selection Criteria
The Board’s Discretionary Role
Documentation
9. UOL – Easement Drafting Policy
9. UOL – Easement Drafting Guidelines
What are Conservation Values?
Drafting Guidelines
Outdoor Recreation or Education
Relatively Natural habitat of fish, wildlife or plants or similar ecosystem
Open space, including farmland and forestland
Historic
Reserved Rights and Resource Management
Resource Management Topics
Building Rights
Summary
Property inspection
Boundaries
Title
Zoning and other government regulations
Estimated market value of the property
Finalizing the Transaction
Escrow and closings
Recording
9. UOL - Purchasing Land or Easements Policy
9. UOL – Recording Keeping Policy (included twice)
Goals
The Permanent and Project Files
Organizational Documents to be kept in fire safe on location
Financial Records
Personnel Records
Fundraising Records
Administrative Records Management
Record Retention Schedule (and file location)
Indefinitely
For Seven Years
For Five Years
For Three Years
Warning
9. UOL - Selling Land or Easements Policy
9. UOL – Title Investigation and Subordination Policy
Major Title Consideration
Legal ownership of the Property
Liens, mortgages or other financial encumbrances
Subordination
Rights-of-way or other easements
Title Searches and Title Insurance
Obtain Title Insurance for all purchases
Land or easements purchased
Land conveyed to another party by warranty deed
Land owned by UOL, whether purchased or donated.
Importance of site inspections
10. UOL – Tax Code Requirements and Appraisals Policy
Tax Code and IRS Requirements
Internal Revenue Code §170(h)
A qualified real property interest
Granted to a qualified organization
Granted exclusively for Conservation Purposes
11. UOL – Amendment Policy/Matrix
11. UOL – Baseline Documentation Policy
11. UOL – Easement Monitoring Policy
11. UOL – Funding Easement Stewardship Policy
11. UOL – Landowner Relationships Policy
11. UOL – Conservation Easement Violation/Enforcement Policy
Overall Objectives for Response and Enforcement
Violation Prevention Strategies
Conservation Easement Enforcement Procedure
Review Terms of the Easement
Documentation and Notification
Determination
Technical
Minor
Moderate
Major
Formulate Recommendations for Corrective action
Formulate TerraFirma assessment indicators
12, UOL – Fee Lands Policy: Funding Stewardship, Land Management & Monitoring
Funding Land Stewardship
Stewardship Principles
Land Management
Monitoring Land Trust Properties
Transferring Land