Mission Mission The land trust’s principal purpose and activity is the direct conservation and stewardship of land and/or water resources. This purpose is reflected in its articles of incorporation, by-laws, and mission statement.
If not sure, please explain:
Nonprofit Incorporation and Tax-Exempt Status The organization is incorporated as a non-profit, public benefit corporation in California. It is recognized as a public charity by the Internal Revenue Service as a 501(c)(3) organization. Private operating foundations and supporting organizations [509(a)(3)] will be considered if they meet the other qualifications: If the organization holds conservation easements, it meets the foregoing requirements, has met a public support test, and has a conservation purpose as required by California Civil Code 815.
If not sure, please explain:
Community Integrity Principles The land trust operates in ways consistent with the Community Integrity Principles for California Land Trusts and commits to continuing to so operate.
If not sure, please explain:
Conservation Activity Recent/Current Activity The land trust has actively acquired land or water of state, regional or local significance in at least two instances in the last two years, and/or it is actively stewarding the lands and waters previously conserved, and/or has materially partnered with, or conveyed conservation land or easements to, public agency(s) in the last two years. It plans to continue its active conservation and/or stewardship activities in the next two years.
If not sure, please explain:
Stewardship Policy The land trust has adopted, and is actively implementing, an umbrella stewardship policy or collection of policies and procedures that taken together address the range of stewardship practices for the lands and waters it holds for conservation purposes. The single policy or collection of policies should include elements and goals necessary for the sound stewardship of each of the land trust’s holdings (e.g., land ownership or easement holding).
If not sure, please explain:
Public Information and Community Support At least annually, the land trust provides information to the public about its mission and activities to conserve land and/or water resources (e.g., in annual report, newsletters, website). The names of all board members are readily accessible to the public. In addition, the land trust also demonstrates evidence of community engagement and/or support.
If not sure, please explain:
Governance Independent Board of Directors The Board of Directors is an independent decision-making body guiding the affairs of the organization. The land trust’s governing body does not include more than one member who is directly or indirectly compensated by the land trust, and that a compensated board member does serve as the board’s treasurer. An exception to this qualification applies to a single occasion for a board member to conserve their land in a transaction involving the land trust. In such a case, the board member must fully recuse themself from the discussion, review, and decision-making for the project.
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Board Engagement The Board of Directors is actively engaged in governing the organization’s activities and meets a minimum of three times per year. Board members consistently participate in board and committee meetings.
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Conflict of Interest The Board of Directors has adopted a Conflict of Interest Policy, implements it, and it is annually reviewed and reaffirmed. The policy must include provisions for the identification and recusal of any board member with a material financial interest in a decision of the organization, including land transactions.
If not sure, please explain:
Transaction Approval The Board of Directors approves each acquisition of real property interests.
If not sure, please explain:
Related For-Profit Organizations A land trust cannot have one or more board members or executive staff who are owners, employees or consultants to a for-profit firm who may use their position on the board to consistently benefit or advance the purposes of the same for-profit organization.
If not sure, please explain:
Fiscal Responsibility Financial Review or Audit The land trust meets federal and state filing requirements, such as filing the IRS Form 990.
Additionally, if its total annual support and revenue: In what years were your three most recent annual, independent audits performed?
In what years were your three most recent annual, independent audits performed?
In what years were your three most recent annual compilation by a CPA or an independent qualified accountant of its year-end financial condition performed?
Financial Records The land trust prepares a complete, annual financial statement in compliance with generally accepted accounting principles and federal and state reporting requirements, including California’s Nonprofit Integrity Act.
If not sure, please explain:
Investment and Management of Funds If the land trust maintains endowments or is investing funds in instruments or accounts other than savings, checking or money market accounts, the land trust has adopted an investment policy that is consistent with the Uniform Prudent Management of Institutional Funds Act (Probate Code Secs. 18500-18509) (“the Act”) with regard to Endowment Funds, and that is consistent with Secs. 18505 and 18506 of the Act with regard to funds that are not Endowment Funds.
If not sure, please explain:
Long-Term Funding The land trust has adopted a plan or policy to accumulate sufficient funds to meet the long-term funding needs (including legal defense) of the lands, easements, and other real properties it holds, and it is actively working to accumulate these funds.
If not sure, please explain:
Conservation Succession The land trust considers and implements, when possible, provision for a nonprofit conservation organization or a public agency to assume ownership and responsibility for its conservation lands and waters in the event of its inability to continue operations.
If not sure, please explain:
Baseline Documentation The land trust has a policy requiring that each conservation easement will have a baseline document
(a) created at the time of recordation or within six months, (b) describing the features of the property relevant to the purpose and terms of the conservation easement which is (c) signed by the landowner and easement holder, and (d) the original is retained by the easement holder.
If not sure, please explain:
Monitoring The land trust has a policy requiring that each conservation easement is monitored on an annual basis and the land trust has made provision for ensuring that this can happen, such as employing stewardship staff or having volunteers trained to monitor easements.
If not sure, please explain:
Enforcement 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.
If not sure, please explain:
Amendments The land trust has a written policy or procedure guiding amendment requests for conservation easements that includes (a) prohibition against private inurement and impermissible private benefit; (b) requires compliance with the land trust’s conflict of interest policy; (c) requires compliance with any original funding requirements; (d) requires board approval and addresses any other roles of the board; and (e) 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.
If not sure, please explain:
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