Editorial note: this damning document represents official NEFF policy, a policy does not appear to have been followed in the case of Gertrude Falby's bequest. When considered with the letter written by Tim Storrow we propose that NEFF must, in order to abide both by its own policies and the intentions of the donor, purchase back the Sydow and Aspero parcels over which it does not seem to have practiced ethical, consistent and by its own rules, proper due diligence. As the considerable documentation on this site illustrates, the land was not sold to 'conservation owners'. How, on land which according to existing leases would have returned to nature within ten years, expanding to 10 structures (several of which would doubtless be larger than existing ones) with septics of probably illegal quality, is a 'conservation benefit' is a real imagination stretcher that may set a world record for 'parsing'!

We highlight some key wording in red.

Over the years, the New England forestry Foundation ("NEFF") has been the recipient of numerous parcels of land. in the past, NEFF was often the only appropriate forestland-holding conservation organization and accepted the land because no other conservation vehicle was available. Some of these parcels have been of marginal programmatic value to NEFF, usually due to their size and location. If offered today, the donors of these parcels would be referred to local or regional land trusts, or two conservation commissions.

After careful review, NEFF may deem that ownership of some of these parcels is more suitable for a different type of conservation owner, and that it may be appropriate for NEFF to convey these properties to such owners. The following policy statement governs such an event.

Statement of Policy

NEFF shall make every effort not to spend limited resources on land deemed by the Board of Directors to be of little programmatic value to NEFF. NEFF should convey such properties to other conservation owners that would be more appropriate, provided that such conveyance results in a  net conservation benefit, and further provided that such conveyance does not conflict with the intentions of the donor.

Where the acquirer is a public or private conservation entity, the conveyance may be accomplished by gift exchange or sale. Where the acquirer is a private landowner, such conveyance may be accomplished by sale, subject to appropriate conservation easements or restrictions. In all cases NEFF must determine that the conveyance results in a net conservation benefit.

Any net proceeds from such conveyances shall be applied to the acquisition of land more suitable to NEFF's mission, or contributed to the Permanent Fund.

Disposition Process

In order to provide for the careful and orderly review of land deemed suitable for divestiture, the following procedures shall be utilized:

(1) The Land Committee shall review the following: (a) its potential as a site for NEFF's educational programs; (b) its relationship to other existing or potentially protected open space; (c) opportunities to add desirable forest land; (d) recipient conservation agencies and their potential interest in the land; (e) determine the net conservation benefit.

(2) NEFF is morally and often legally obligated to honor commitments made in regard to the property. Therefore, if following the review process outlined above, it is determined that the property should  be divested, then a thorough examination of all past documentation including deeds relating to the property must be conducted in order to determine the existence of restrictions or expressions of the donor's intent. In this connection it may be necessary to consult legal counsel. finally, the Membership and Development Committee shall be consulted relative to any information about the donor and any heirs who may have an interest in the property. A good faith effort to contract the donor or heirs should be made to insure that any potential transfer is consistent with their intentions.

(3) Upon completion of the processes outlined in sections 1 and 2 above, a written report presenting all findings and identifying potential recipients shall be submitted to the President and the Land Committee. Upon their respective approvals, a recommendation shall be prepared for full Board consideration. Any land or interest in land only be divested only by an affirmative vote by three quarters of the directors then in office.

Restrictions

If the subject property was a gift to NEFF, then divestiture may be for nominal consideration, recognizing that the recipient would incur the ongoing maintenance responsibilities. Any restricted endowment that came with the property, would be added to the Land and Conservation Restriction Monitoring Fund. An exception may be made when it is deemed appropriate that some endowment go with the property, whether it would further the donor's original intent or enhance the property's protection. Disposition to public agencies with adequate funding and private individuals or corporations shall be at market value.

Monitoring

Divested properties shall be periodically monitored to ensure that their conservation values are maintained.