Countdown to 2020: Tips and Workshop Overview Pointers for Land Trusts Preparing for First-Time • Introductions • Overview of accreditation Accreditation • Transition • Why accreditation Valerie Roof and Jessica Whittaker, • First-time application process review specialists • New/changed requirements • Documentation challenges October 12, 2018 • Start Your Plan • Tools and Resources Separate Roles Land Trust Accreditation Commission • Independent program of the Land Trust Alliance • 19 diverse volunteer commissioners • 7 staff • Sets Land Trust Standards • Verifies implementation of and Practices (last updated Land Trust Standards and in 2017) Practices (via indicator elements) • Sets accreditation • Develops accreditation indicators application, review process, • Provides general training and requirements, plus and educational materials associated training • Makes accreditation decisions Accredited Land Trusts • 411 accredited organizations • About 35 first-time applicants in process • Accredited land trusts hold more than 78% of conservation land held by land trusts 1
Accreditation Impact Accreditation Impact Fifteen years ago the land trust community was ill Accreditation was a strong motivator for change in land prepared to live up to the promise of perpetuity and was trusts; 87% of accredited land trusts responded that under legislative and regulatory threat . ⁻ The Alliance created the Accreditation Commission as a accreditation moderately or substantially motivated solution and offered accredited preparation services to them to make organizational improvements. its members. Public confidence in land trusts increased as a result; Today, accredited land trusts far outpace those not yet 85% of public agencies and foundations say accreditation accredited . increases their confidence in land trusts and 83% of ⁻ They have significantly bigger budgets, more staff and landowners feel the same way. volunteers and ⁻ 8 times more money invested to steward and defend These positive impacts can grow as more land trusts join their conservation lands than their peers of similar size the program. – they also save 3 times more land. 10 D01: Transformation through Land Trust Accreditation SATURDAY 10:30-Noon 11 2
Application Review Applicant Conference Call • Review team (staff and commissioners) • Detailed agenda sent in advance evaluates compliance with indicator elements by considering: • Clarification/more information • Lasts about 2 hours – Pre-application/Application – Supporting documents – Project documentation – Public notice/comments – Research Commission’s Review Approach Additional Information Request • Follow-up letter with document requests or •Consistency corrective action •Fair but flexible •All must demonstrate compliance •No one-size-fits all •Recognize diversity Decision by Full Commission Questions on the Application Process? • Accredit – Awarded for 5-year term – Expectations for Improvement • Table • Not Accredit 18 3
2017 Standards 2018 Requirements 2018 Requirements Framework: Requirements: Risk-Based Key Concepts Bold Example 1. Indicator Elements in Four New board members trained. Groups Documentation of training new board members will be verified for every 2. Documents for Each Group applicant. 3. Requirements for Each Group Non-bold Example Land trust generally operates in accordance with its bylaws. 4. Two Categories of Red flag: look at risk in the context of the entire application. Requirements ‒ Low risk: Bylaws require 9-15 board members; land trust has 8 board • Bold members; board operates effectively. No questions. ‒ Proactive Verification ‒ Hard Stop! ‒ High risk: Bylaws require a 9-15 member board; land trust has 4 board • Not Bold members; board appears to be controlled by one member. Questions. ‒ Red Flags ‒ Next Step Depends on Risk New Finance Requirements: Records & Financial Health • Operating surplus exists at the end of Governance Finance last fiscal year [statement from board officer explains reason for deficit] • Operating reserves at the end of last fiscal year sufficiently cover three months of operating expenses [board evaluation of operating reserve needs Transactions Stewardship and a feasible plan to address the needs] • Concentrated or sole source of funding not overly relied on • Debt or lease payments can generally be met. 24 4
New Finance Requirements: Internal New Finance Requirements: Board Controls and Insurance Oversight & Donor Restrictions • Written internal controls or • Board approval of annual budget accounting procedures • Board review of periodic financial reports that include: • Have general liability insurance ‒ Unrestricted, board-designated and restricted net assets that covers significant risks ‒ Actual unrestricted and restricted revenue and expenses for • Board [or delegated entity] the reporting period as compared to budget evaluates insurance needs at least every five years: • Documentation of the business process system it follows when a) soliciting and accepting restricted ‒ Directors and officers liability insurance gifts/grants b) determining restrictions on gifts/grants c) documenting donor restrictions and d) tracking receipt ‒ Property insurance of and expenditures from restricted gifts/grants to ‒ Insurance required by law comply with donor restrictions 25 26 Changed Requirements for Audit, Defense Fund Requirements Review, Compilation 2016 2016 2018 2018 New Transaction Requirements • Evaluate the Form 8283 and landowner’s appraisal and document the following: ‒ Did not knowingly participate in potentially fraudulent or abusive transactions ‒ Involved legal counsel as appropriate, especially in potentially fraudulent or abusive transactions ‒ Took appropriate action to resolve substantial concerns with the appraisal, appraised value or other terms of the transaction Signed the Form 8283 only when a gift was received • Follow the then current Land Trust Alliance Tax Shelter Advisory 29 30 5
New Stewardship Requirements Land Conservation Project List • Fee Inspection reports include the following: ‒ Inspection date ‒ Property inspected ‒ Name of inspector ‒ Observations related to property’s condition and conservation values ‒ Observations related to any potential conservation easement violations or conservation property ownership challenges • Inspect fee properties annually • Monitoring or inspection reports completed promptly after monitoring or inspection event. 32 B02: Tackling Land Land Conservation Project List Trust Accreditation Requirements FRIDAY 1:30 PM – 3:00 PM Friday 1:30 pm – 3:00 pm Critical Application Needs Common Documentation Problems Lack of complete documentation (or missing) • Evidence an insider was absent for discussion •Take actions to meet and vote the requirement • Copy of notification sent to landowners about tax and appraisal issues •Document that you met • Documentation of review and approval of the requirement transactions • Information sent to board in advance of final •Communicate that you project approval met the requirement • Documentation of no private inurement or impermissible private benefit • Documentation that mortgages, liens and other encumbrances were addressed • Evidence that title was brought current at closing (30 days) 36 6
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