Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

3.1   Initiate Project

Develop Project Concept

There are several ways a leasing or ownership project may get started. In Step 2.1 of the Decision Checklist, this toolkit presents the two extremes: 1) opportunistically, or 2) methodically. In either case, a concept of the project should be generated and circulated to appropriate internal organization staff for initial vetting of project appropriateness, applicability, and potential. Limited staff time should be committed to the project at this point. Minimal external discussions may also be warranted. If the project deserves further development, a project lead should be identified. The project lead will usher the project through the remaining steps. Other staff and resources may be conceptually assigned to the project at this time as well.

Ocean and Coastal-Specific Issues: This is the first opportunity to explain to staff, who may not have experience with ocean and coastal acquisitions, new concepts and issues that will need to be addressed. Public Trust Doctrine issues (i.e., public and private rights), contamination possibilities, jurisdictional responsibilities, boundary issues, and other issues related to ocean and coastal sites should be discussed.

Develop Preliminary Proposal

Some organizations may have template documents or information sheets to complete for proposals. A short, rough draft of the project proposal should be developed and circulated internally for review and input as necessary (i.e., to land acquisition, protection, and/or legal staff). Specific information needed in each proposal will be dependent on the site/resources, conservation organization, regulatory agency needs, and land/resource owner requirements. Costs of the project should also be estimated at this time.

The more information organizations can provide agency decision-makers to enable them to complete their version of the preliminary proposal, the better the chance of the project moving forward in an expeditious fashion. Getting a copy of the basic format of an agency’s executive proposal summary may be helpful in this regard.

Seek Preliminary Approval

Preliminary approval should be sought by the organization based on initial estimates of cost, length of commitment, risk, and sensitivity. This is how project proponents make sure the organization supports moving forward with the proposed deal and investing time and resources in the deal.

At a minimum, a review of the following project components should be made during the preliminary approval process:

  • Ecological, political, and philanthropic merits of the project;
  • Cost estimates; and
  • Financial planning and fundraising needs.

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
Chile
Colombia
Costa Rica
Ecuador
Indonesia
Mexico
Peru
United States
Other Countries
U.S. State Summaries
Alabama
Alaska
California
Connecticut
Delaware
Florida
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Virginia
Washington
Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy