1. 1. Initiate project.
2. 2. Obtain title report.
3. 3. Contact owner.
4. 4. Complete proposal.
5. 5. Determine terms and conditions.
6. 6. Secure funding.
7. 7. Develop and execute documentation.
8. 8. Complete due diligence.
9. 9. Apply for regulatory permits.
10. 10. Take final actions.
11. 11. Implement site plan.

Step 3. Acquisition Checklist

Purpose

The Acquisition Checklist is designed to guide conservation organizations through the leasing and ownership process when organizations do not already have acquisition processes in place. If organizations have established acquisition processes, the checklist presented in this section may be used to augment, not supersede, existing procedural guidance.

The checklist is similar to many well-established processes used for terrestrial acquisitions. For example, The Nature Conservancy's California Chapter has long form (download .pdf, 21k) and short form (download .pdf, 25k) acquisition processes which have traditionally been applied to terrestrial areas. In addition, there may be acquisition processes specific to different levels of government, such as the Checklist for Land Acquisition using Federal Funds (download .pdf, 20k), and specific to foundations, such as the instructions for using funds (download .pdf, 33k) from the National Fish and Wildlife Foundation.

Traditional terrestrial acquisition processes can frequently be adapted for acquisition of lands and resources lying within ocean and coastal waters. However, there are acquisition issues and needed actions that relate specifically to ocean and coastal lands and resources. The Acquisition Checklist provided in this toolkit will identify in each step issues to be aware of that are specific to ocean and coastal areas.

On its own, the Acquisition Checklist will likely not provide enough detail for some organizations or individuals. Project leads should assume that there will be many sub-steps involved in the acquisition process based on site-specific circumstances and project or agency-specific requirements. It is highly advisable for project leads to consult with acquisition, transaction, and protection staff within their organizations, as well as legal counsel, throughout the process.

Process Sequencing

The Acquisition Checklist is presented in a sequential order, implying that each step should be initiated and completed prior to beginning the next step. However, the actions organizations undertake for specific lease or ownership projects may vary and may not follow a neat, pre-determined sequence. Some steps may take place earlier or later than indicated. Steps may also take place concurrently or require numerous iterations before they are completed. As such, organizations should recognize numerous possible digressions from the standardized process presented here.

Differences between Leasing and Ownership

For the purposes of this toolkit, undertaking any type of proprietary transaction (such as a lease, easement, concession, or fee-simple transfer) is considered an acquisition of proprietary rights. As such, we present one acquisition process that includes steps for both leasing and ownership. Some steps may be the same for leasing and ownership while other steps or sub-steps may only apply to one of the two. The differences and similarities in steps may vary from project to project and from organization to organization. We indicate within the checklist sub-pages where procedural differences may exist between leasing and ownership and where steps may apply to only one type of transaction. Illustrative leases, easements, deeds and other acquisition-related agreements can be downloaded from the Sample Documents section of the toolkit.

Time Requirements

The time it takes to acquire a lease or ownership of lands and resources lying within ocean and coastal waters can vary significantly. Under ideal circumstances in which all possible activities occur concurrently and the project sets no new precedent, a lease or ownership project may take between six and 12 months. Under other, less-than-ideal circumstances, a project could take up to one to three years to develop and implement. When dealing with public agencies, conservation organizations can often be frustrated by the appearance of bureaucratic delays. Patience and perseverance will be required.

Adaptive Use

Organizations should be adaptive in their use of the Acquisition Checklist. Steps, negotiations, and agreements made along the way should be flexible so organizations can back out of a transaction at any time if needed or desired.