Clickable Guide - Land Trust Alliance:
STANDARDS AND PRACTICES

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STANDARD 1 - Ethics, Mission and Community Engagement Summary

Standard 1 - Expanded

Ethics

Mission, Planning and Evaluation

Community Engagement

STANDARD 2 - Compliance with Laws

Compliance with Laws

Nonprofit Incorporation and Bylaws

Federal Tax Exemption

UOL – Compliance with Laws Policy

UOL – Recordkeeping 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

Standard 3 - Board Accountability

Board Responsibility

Board Composition and Structure

Board Governance

Board Approval of Transactions

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

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

UOL – Board Governance and Composition Policy

STANDARD 4 - Conflicts of Interest

Dealing with Conflicts of Interest

Payments to Board Members

Land and Conservation Easement Transactions with Insiders

UOL – Conflicts of Interest Form

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

STANDARD 5 - Fundraising

Legal and Ethical Practices

Accountability to Donors

Fundraising Plan

Non-conservation Real Property for Resale

UOL - Fundraising Policy

STANDARD 6 - Financial Oversight

Fiscal Health

Financial Records

External Financial Evaluation

Written Internal Controls

Risk Management and Insurance

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

UOL - Booking Conservation Easement Donations Policy

UOL – Financial and Asset Management Policy

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

STANDARD 7 - Human Resources

Capacity

Volunteers

Consultants or Contractors

Transition Planning

Staff

UOL – Capacity Policy

STANDARD 8 - Evaluating and Selecting Conservation Projects

Strategic Conservation Planning

Project Selection Criteria and Public Benefit

Project Evaluation

Project Planning

Partnership Documentation

UOL – Criteria for Accepting Conservation Easements

Criteria

Risk Evaluation

UOL – Project Intake and Selection Procedures Policy

Project Selection Criteria

The Board’s Discretionary Role

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

UOL – Easement Drafting Policy

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

UOL – Legal Review Policy

Property inspection

Boundaries

Title

Zoning and other government regulations

Estimated market value of the property

Finalizing the Transaction

Escrow and closings

Recording

UOL - Purchasing Land or Easements Policy

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

UOL - Selling Land or Easements Policy

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

STANDARD 10 - Tax Benefits and Appraisals

Landowner Notification

Legal Requirements: Land Trust Responsibilities

8283

Avoiding Fraudulent or Abusive Transactions

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

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

UOL – Easement Monitoring Policy

UOL – Funding Easement Stewardship Policy

UOL – Landowner Relationships Policy

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

STANDARD 12 - Fee Land Stewardship

Funding Land Stewardship

Land Management and Stewardship

Inspecting Land Trust Properties

Contingency Strategy

Condemnation

UOL – Fee Lands Policy: Funding Stewardship, Land Management & Monitoring

Funding Land Stewardship

Stewardship Principles

Land Management

Monitoring Land Trust Properties

Transferring Land