Fall 2007

Help extend the federal conservation easement tax incentives

Your help is needed to extend the federal conservation easement tax incentives!

The new conservation easement tax incentives sunset at the end of 2007, and only two of Wisconsin's eight federal representatives have supported the federal legislation that would extend this program. If this bill does not get enough co-sponsors, it won't have the momentum needed to move out of committee. Please take a moment today to encourage your representative to become a co-sponsor of HR 1576. Gathering Waters Conservancy's federal policy website includes information on how you can contact your congressperson to let them know about the importance of these tax incentives for local land conservation. Please share information on your correspondence with Althea Dotzour at althea@gatheringwaters.org. Thanks!

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State Budget Update

As most people probably know, we still do not have a state budget.  In fact, Wisconsin is the only state in the country that has yet to pass a budget.

Some progress has been made in recent weeks (see http://blogs.wispolitics.com/budget.html) yet many legislators continue to drag their feet, saying that they are not hearing from their constituents about the budget.  Some members of the Assembly have even said publicly that they are comfortable NOT passing a state budget at all this year.  As you know, a lot is at stake, including the fate of the Knowles-Nelson Stewardship Fund. 

Please contact your state representatives today, and tell them it's time to get the budget done.  Tell them that the State Stewardship Fund has broad, bipartisan support across the state and needs to be part of the final budget.  Ask them to support the Senate's proposal to increase Stewardship to $105 million a year to keep pace with skyrocketing land values and inflation. Call 1-800-362-9472 or go to http://waml.legis.state.wi.us/ to find out who your representatives are and how to reach them.

On a more positive note, we continue to garner positive press for the Stewardship Fund.  Most recently, the Milwaukee Business Journal wrote an editorial urging the Legislature to reauthorize the Stewardship Fund at $105 million a year.  To read this and other stories on the Stewardship Fund, go to www.gatheringwaters.org/policy_stewardshipnews.php.

Thank you for your work on behalf of the Stewardship Fund. As usual, please do not hesitate to contact me with questions or for more information. If possible, please send along copies of your correspondence to and responses from lawmakers.

Questions? Contact our Stewardship Campaign Director Vicki Elkin to help you set up meetings with legislators, organize mailings, review letters, etc. at 608-441-8819 or stewardship@gatheringwaters.org.

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Recent Conservation Headlines

Report Outlines Course for Healthy Agriculture and Rural Life - 10/03/2007
Report: State losing 30,000 acres of farmland per year - 10/03/2007
Expanding the definition of development for Little Trade Lake - 10/03/2007
Grant County site now part of conservancy - 10/02/2007
Stewardship fund shouldn't be forgotten - 10/01/2007
Mississippi Valley Conservancy protects 350 incredibly rare acres - 09/30/2007
Lake Geneva residents critical of proposed plan - 09/27/2007
Budget Brief: Stewardship Program - 09/27/2007
Fall color hike planned on Ice Age Trail Oct. 6 - 09/26/2007
Maintain the level of Stewardship Fund and do the math - 09/25/2007
Renewing the Stewardship Fund is key for state hunters, anglers - 09/21/2007
Join volunteers in city beach cleanup Saturday - 09/21/2007
Wisconsin Farms Selected for Preservation Protection - 09/18/2007
Legislators need to support Stewardship Fund - 09/14/2007
Let pact protect Great Lakes - 09/14/2007
Nilsestuen Honored for Land Conservation Leadership - 09/13/2007

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Standard 2: Compliance with Laws

There are several fundamental elements to running an effective, sustainable land trust organization. The Land Trust Alliance has compiled these fundamentals into a guidebook: Land Trust Standards and Practices.

These Standards and their related Practices relate to the two main components of running a non-profit conservation organization: operations and programs. One set of Standards provides guidance on maintaining an ethical, effective and efficient organizational structure, including fundraising, legal compliance and accountability. The complementary addresses how land conservation and management programs are implemented, funded and reviewed.

All land trusts should be familiar with Standards and Practices, and should have as one of their organizational goals the adoption of at least the most basic of these guidelines. Over the next several years, it will become increasingly important for land trusts to demonstrate adherence to Standards and Practices, as a national program for land trust accreditation is rolled out. This accreditation program is based on Standards and Practices and will involve an in depth review of how well an organization has implemented them.

As part of our program to help land trusts prepare to apply for accreditation, Gathering Waters Conservancy has assembled a set of sample organizational policies, procedures and template documents that pertain to each Standard in Land Trust Standard and Practices. These collections have been compiled with Wisconsin's land trusts in mind; our goal is that we have selected the most relevant examples of the various elements of each Standard, rather than a random set of samples. We have included notes and commentary in many examples, to help you better determine their relevancy for your particular organization.

In each edition of Currents, we will present the compiled set for a particular Standard. This edition includes our set of documents for Standard 2: Compliance with Laws --

"The land trust fulfills its legal requirements as a nonprofit tax-exempt organization and complies with all laws."

Standard 2 reaches broadly across many activities of a non-profit land trust. Any officially adopted policy about safeguarding tax-exempt status (conflicts of interest, lobbying, donor-relations, etc.) relate to this standard. Compliance with Standard 2 overlaps a good deal with compliance with other Standards. Visit our web page for these sample policies and procedures.

Gathering Waters Conservancy can help you organize your policies! Please contact Karen Bassler at karen@gatheringwaters.org or 608-251-9131 x 12 to learn more about our program designed to help land trusts review and update your policies and procedures.

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Major Donor Solicitation Planning
by Sara DeKok, Member Relations Director

It's always a good idea to do a little pre-solicitation planning. It helps you organize your thoughts and makes you feel more prepared and confident. To avoid talking in vague terms, it's best to pick one or two specific projects or programs to expound upon that you think might be compelling to your prospect. Think through the following list before your next solicitation -- these same concepts can be applied to face-to-face solicitations, phone solicitations, and written solicitations.

1) List the projects and programs that you think will be most compelling and interesting to your prospect.

2) List the primary ways those programs will serve their interests.

3) Summarize one story about the project that you may wish to share with the donor.

4) List three reasons the donor might want to support the project.

5) What size gift do you plan to ask the prospect to consider?

6) What would that gift help to accomplish for the prospect and their community?

7) How might the donor be recognized for that gift?

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Ask an Attorney

Our question this time around has been answered by Brenda Haskins, of Hill, Glowacki, Jaeger & Hughes, LLP, in Madison, WI.

Q: Our land trust co-holds an easement with a unit of government over a small park property that the town owns in fee. The easement itself (its an old one) imposes no constraints on this arrangement. I understand that in general an easement should not be held by the fee title owner; however, since there is a co-holder (us), are there sufficient protections in place for the easement, or should we work with the town to divest themselves of their holder's interest in the property?

A: You're instincts are right, creation of a new easement would be very unlikely under these circumstances. The landowner would be one party and the easement holder would be another distinct party, each with their own role to play. However, when enacted, the law allowed for differences and distinctions among interests that were grandfathered in when the Uniform Conservation Easement Act was enacted.

You need to ask yourself some questions before determining if it is necessary for the town divest its co-holder's interest. What are the responsibilities of the easement holder--both you and the Town? You've accepted the responsibility to monitor and enforce the restrictions in the document in perpetuity. What are those restrictions and are you able to do so even with the town as a co-holder? Are you able to visit the property on a regular basis to monitor the conditions? Are you able to compare current conditions with baseline documentation to ensure that the town as landowner is complying with the terms of the easement? Does the town interfere with your ability to maintain written records of the monitoring activities? What if you discover a violation?Can the town as easement co-holder interfere with correction of the violation?

At first blush, it appears as if the fox is in charge of the hen house. It might very well be a good idea to separate the two.

However, is there an advantage to keeping the town as a co-holder of the easement? Do they fund part of the monitoring activities? Do they assist in those activities?

Finally, ask yourself if it's worth the time, trouble and money to make the change? Is the town willing to divest their interest? Is there a cost, financial, political or otherwise to pay by pressing this issue? Should you just let the sleeping dog (fox?) lie? If you have a good relationship now with the town this might very well be the time to ask them to divest its interest.

Sorry to answer your question with more questions, but you need to analyze your unique situation.

Send us your questions! Free legal advice! We're looking for questions to be featured in this section. Send any questions or suggestions to Liz Walsh at liz@gatheringwaters.org .

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LTA's priorities for Conservation Defense Program

Summary of Karen Bassler's conversation with Leslie Ratley-Beach, LTA's new Conservation Defense Director, September 18th, 2007

LTA's new Conservation Defense Director, Leslie Ratley-Beach, formerly of the Vermont Land Trust, has been interviewing people around the country on their perspectives on urgent and important conservation issues her position should include in its purview. The role of the Conservation Defense Director, as Leslie puts it, is to "ensure their conservation work is permanent." More specifically, her work focuses on the following four topics:

1. Developing a National Network of information and resources regarding conservation easement defense
a. Attorney Network -- for referrals and advice
b. Legal Clearinghouse -- cases, decisions, law review articles c. Continuing education on conservation issues for attorneys
d. Tools and technical assistance

2. Creating Friend of the Court Fund -- to provide for LTA staff and consultants to write and submit amicus briefs and other supporting materials in cases likely to set national precedent

3. Offering Litigation Insurance -- moving the Captive Insurance program forward to offer land trusts "catastrophic insurance" if they are forced to go to court to defend an easement

4. Pursuing Legislative and Regulatory issues
a. IRS rules
b. State legislation -- where potentially applicable in other states
c. Other initiatives

Some other ideas we discussed included:

1. Working with Attorneys General to serve as backup defenders of easements
2. Pursuing funding for conservation work
3. Workshops for land trusts on how and when to work with attorneys

Please contact Karen Bassler at karen@gatheringwaters.org or 608-251-9131 x 12 with any questions .

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Call for Nominations for 2008 National Wetlands Awards

The National Wetlands Awards Program honors individuals who have demonstrated extraordinary commitment to the conservation and restoration of our nation's wetlands. Take time to recognize exceptional individual achievement in wetlands conservation by submitting a nomination for a 2008 National Wetlands Award today. The deadline for submitting nominations is January 15, 2008.

The 2008 Awards will be given in six categories: Education and Outreach; Science Research; Conservation and Restoration; Landowner Stewardship; State, Tribal, and Local Program Development; and Wetland Community Leader.

Program co-sponsors -- the Environmental Law Institute, U.S. Environmental Protection Agency, USDA Forest Service, U.S. Fish and Wildlife Service, NOAA Fisheries, Natural Resources Conservation Service, U.S. Army Corps of Engineers, and Federal Highway Administration believe that rewarding these efforts helps to ensure that future generations will have quality wetlands, biological diversity, and clean water.

For more information or to submit a nomination, please visit www.nationalwetlandsawards.org or contact us at:
 
National Wetlands Awards
2000 L St. NW Suite 620
Washington DC, 20036
 
Phone: (202) 939-3862
Email: wetlandsawards@eli.org

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Call for Presentations: 7th Annual Midwest Land Conservation Conference

The Land Trust Alliance invites you to submit presentation proposals for the 7th Annual Midwest Land Conservation Conference.  The conference will be held at the Conference Center at the University of St. Mary of the Lake in Mundelein, Illinois. 

Over one hundred land trust practitioners, public agency professionals, and conservation leaders from 12 Midwestern states are expected to attend.  The conference will offer half-day seminars, full day seminars, and 90-minute workshops. 

Please submit your proposal to the Land Trust Alliance.  All proposals will be reviewed by a Program Committee, and selected based on:

1) Relevance of the topic to challenges and opportunities faced by Midwest land trusts;
2) Objectives to further the understanding and implementation of Land Trust Standards and Practices;
3) Experience of the presenter;
4) Diversity of topics (land trusts have indicated a preference for all aspects of land conservation work to be addressed).

The presentation proposal form is available on the Land Trust Alliance webpage: http://www.lta.org/training/mw_cfp_info.htm

Proposals are due by October 24. We look forward to your proposal!

Contact Erin Heskett, LTA Midwest Director, at (269) 324-1683 or eheskett@lta.org with any questions.

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Grant Opportunities

Visit the Grants section of the Gathering Waters website for more information about the following grants:

Conservation Alliance - Deadline: 11/01/07
Google Grants Get the Word Out - Deadline: Ongoing

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Upcoming Events

Visit the Events section of the Gathering Waters website for more information about the following events:

Co-Hosted by Gathering Waters Conservancy

10/25/07 - Conservation Options in Estate Planning Seminar

Other Conferences and Events

10/05/07 - 4th Annual Citizen-based Monitoring Conference
10/10/07 - Terry Tempest Williams & Rick Bass: Tranquility and Open Space
10/11/07 - Leopold Restoration Awards Ceremony & Dinner
10/12/07 - Tree Planting: Getting Prepared to Plant
10/12/07 - Mississippi River: America America's Flyway
10/13/07 - How to Make a Site Management Plan
10/13/07 - Margaret Beattie-Bogue and Peter Annin: Around the Shores of Lake Superior
10/13/07 - Renewing the Countryside and Celebrating Wisconsin: Jerry Apps and Midwest Organic
10/13/07 - Upper Midwest Audubon Conference
10/13/07 - Alan Weisman: The World Without Us
10/13/07 - Chainsaw Safety: Game of Logging
10/19/07 - The Soul of the River: Wisconsin River Gathering
10/19/07 - 4th Annual Grassroots Symposium: Lake Michigan Basin
11/03/07 - Timber Stand Improvement
12/01/07 - Financial Planning for the Forest Landowner
12/05/07 - WI Land & Water Conservation Association Annual Conference
01/30/08 - Conservation Lobby Day 2008

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