Conservation Tools

Many types of collaborative approaches are available to help land trusts and others advance land conservation. This guide identifies opportunities for collaboration, provides guidance in structuring productive collaborations, and presents examples of successful organizational partnerships.

While some argue for exceptions, many view commission-based compensation for fundraising and development professionals as a bad practice or as unethical. The standards of practices set forth by the Land Trust Alliance, The Giving Institute, and The Association of Fundraising Professionals do not allow for commission-based compensation. In contrast, performance-based bonuses that are not based on a percentage of revenue raised may be acceptable.

Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of, or in opposition to, any candidate for elective public office. The prohibition applies to all campaigns at the federal, state and local levels. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes. During an election, nonprofits can lobby, provide voter education, encourage voter registration and participation, and participate in issue advocacy. Nonprofits must exercise extreme care that none of these activities are done in partisan way that interferes, or appears to interfere, with the election.

The Land Trust Accreditation Commission, an independent program of the Land Trust Alliance, provides independent verification of 37 indicator practices from Land Trust Standards and Practices that show a land trust's ability to operate in an ethical, legal and technically sound manner and ensure the long-term protection of land in the public interest. The Commission accredits nonprofit applicants who demonstrate compliance with all of the accreditation indicator practices. The Commission’s accreditation seal is a mark of distinction in land conservation. It recognizes organizations for meeting national standards for excellence. Land trusts may use the accreditation application process as a way to fine-tune their policies and improve their operations. Accreditation is voluntary.

Land Trust Standards and Practices are guidelines to help land trusts operate in ethically, technically and legally sound ways. They guide land trusts in conducting sound programs of conservation land transactions and stewardship, helping to ensure the long-term protection of land in the public interest. The governing boards of most land trusts have expressed the intent of bringing their operations into conformance with Standards and Practices, signifying this through an Adoption Resolution. The Land Trust Alliance developed Standards and Practices at the urging of land trusts, recognizing that a strong land trust community depends on the credibility and effectiveness of all its members. Land Trust Standards and Practices were last revised in 2004.

Lobbying, attempting to influence legislation, either through direct contact with legislators and government employees who participate in the formulation of legislation, or by urging others to do the same, is an important tool by which nonprofits can effect positive change. If engaging in lobbying, nonprofit organizations who hold 501(c)3 status under the federal tax code should be aware of three sets of rules:

• Federal tax code rules that dictate how much 501(c)3 organizations may spend on lobbying without penalty or risking the loss of their favorable tax status. Organizations may choose from two alternatives under the tax code, but nonprofit advocacy experts recommend choosing the “501(h) election” alternative because it gives nonprofits clear definitions of what activities constitute lobbying and how much organizations may spend on these activities.
• Federal Lobbying Disclosure Act rules. If an organization has at least one employee who makes more than one lobbying contact and meets a minimum threshold of time and money spent on lobbying, the organization must register and file reports.
• State rules. Each state has its own definitions of what constitutes lobbying, the rules governing lobbying, and the thresholds at which organizations must register and report their activities.

Two or more conservation organizations may merge to grow and improve their services, strengthen their organizational capacity and more efficiently advance their missions. The structure of the merged entity may be customized to best suit the interests of the parties: Organizations may fully integrate their operations or they may restructure to have semi-independent governing and operational structures and retain their identities as separate entities. An array of land trust collaborations that stop short of merger are presented in the ConservationTools.org guide Collaborative Opportunities for Land Trusts.