Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
THE SCENIC HUDSON LAND TRUST INC
Employer identification number
23-7148333
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
No
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
No
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
No
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
(A)
SCENIC HUDSON INC
132898799
LINE 7
Yes
Yes
Yes
1,660,000
Total
1,660,000
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.................................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2012.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2013.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2012.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2013
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
THE SCENIC HUDSON LAND TRUST INC
Employer identification number
23-7148333
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 3
SCENIC HUDSON, INC. PROVIDES THE ORGANIZATION WITH THE SERVICES OF ITS EMPLOYEES, SPACE AND GENERAL ADMINISTRATIVE SUPPORT FOR WHICH THE ORGANIZATION PROVIDES PAYMENT TO SCENIC HUDSON, INC. FOR THE ACTUAL COST OF THE AGREED SERVICES ON A QUARTERLY BASIS.
FORM 990, PART VI, SECTION A, LINE 4
IN JUNE 2014, THE BOARD AMENDED THE BY-LAWS TO CONFORM TO THE NEW YORK NON-PROFIT REVITALIZATION ACT ("NPRA") THAT WENT INTO EFFECT JULY 1, 2014. THE PRINCIPAL CHANGES CALLED FOR IN THE NPRA CAN BE CATEGORIZED INTO (1) INCREASES IN OVERSIGHT; (2) REINFORCEMENT OF GOOD PRACTICES; (3) CLARIFICATION OF AMBIGUITIES IN THE LAW; (4)MODERNIZATION; AND (5) STREAMLINING OF PROCEDURES. THE REVISIONS TO THE BYLAWS INCLUDED: OUTLINING INCREASED OVERSIGHT RESPONSIBILITIES FOR THE AUDIT COMMITTEE; PROHIBITING AN EMPLOYEE FROM SERVING AS BOARD CHAIR; PROHIBITING AN EMPLOYEE WHO RECEIVES COMPENSATION FROM PARTICIPATING IN ANY BOARD OR COMMITTEE DELIBERATION OR VOTE CONCERNING COMPENSATION; ELIMINATING THE NEED FOR A FIXED NUMBER OF BOARD MEMBERS; ALLOWING FOR EMAIL AND ELECTRONIC VIDEO COMMUNICATIONS; AND, CHANGING THE RULES FOR VOTES ON REAL PROPERTY TRANSACTIONS.
FORM 990, PART VI, SECTION A, LINE 6
SCENIC HUDSON, INC. IS THE SOLE CORPORATE MEMBER OF THE ORGANIZATION.
FORM 990, PART VI, SECTION A, LINE 7A
THE TOTAL NUMBER OF DIRECTORS SHALL INCLUDE THREE (3) PERSONS WHO SHALL SERVE EX OFFICIO, WITH FULL VOTING RIGHTS, IN THEIR CAPACITIES AS THE CHAIR, TREASURER AND PRESIDENT OF SCENIC HUDSON, INC. THE REMAINING NUMBER OF DIRECTORS SHALL BE ELECTED BY THE SOLE MEMBER (SCENIC HUDSON, INC.) AT THE ANNUAL MEETING.
FORM 990, PART VI, SECTION A, LINE 7B
THE FOLLOWING ACTIONS MAY BE TAKEN ONLY IF AUTHORIZED BY THE SOLE MEMBER (I) THE DISPOSITION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE CORPORATION; (II) A PLAN OF MERGER OR CONSOLIDATION OF THE CORPORATION; AND (III) A PLAN OF DISSOLUTION AND DISTRIBUTION OF ASSETS OF THE CORPORATION. THE SOLE MEMBER SHALL HAVE THE EXCLUSIVE POWER TO AMEND THE CORPORATION'S CERTIFICATE OF INCORPORATION AND BYLAWS.
FORM 990, PART VI, SECTION B, LINE 11
THE ORGANIZATION'S 990 IS REVIEWED BY THE AUDIT COMMITTEE AND DISCUSSED WITH THE FULL BOARD AT THE ANNUAL MEETING BEFORE THE RETURN IS FILED. PRINTED COPIES OF THE 990 ARE DISTRIBUTED TO THE FULL BOARD IN PREPARATION OF THE ANNUAL MEETING. COPIES OF THE 990 ARE AVAILABLE ON THE ORGANIZATION'S BOARD EXTRA-NET AND ON THE ORGANIZATION'S WEBSITE (WWW.SCENICHUDSON.ORG).
FORM 990, PART VI, SECTION B, LINE 12C
BOARD MEMBERS AND ALL STAFF ARE REQUIRED TO ANNUALLY REVIEW AND SIGN THE ORGANIZATION'S CONFLICT OF INTEREST POLICY. BOARD MEMBERS WHO MAY HAVE ANY REAL OR PERCEIVED CONFLICTS OF INTEREST ABSTAIN FROM DISCUSSION AND VOTING. CONFLICTS OF INTEREST INVOLVING STAFF SITUATIONS WHICH MAY ARISE (REAL OR PERCEIVED) ARE REVIEWED BY THE BOARD OF DIRECTORS. ISSUES INVOLVING EXECUTIVES ARE REVIEWED BY THE EXECUTIVE COMMITTEE OR FULL BOARD AND/OR LEGAL COUNSEL.
FORM 990, PART VI, SECTION B, LINE 15
THE ORGANIZATION RELIED ON SCENIC HUDSON, INC., A RELATED ORGANIZATION, THAT DETERMINED THE EXECUTIVE COMPENSATION AS FOLLOW: EXECUTIVE COMPENSATION IS DETERMINED BY THE EXECUTIVE COMPENSATION COMMITTEE IN CONSULTATION WITH THE BOARD OF DIRECTORS. THIS COMMITTEE ENGAGES A THIRD PARTY COMPENSATION CONSULTANT WHO PROVIDES A MARKET ANALYSIS WITH RECOMMENDATIONS. THE COMMITTEE ALSO INCORPORATES FIRST HAND RESEARCH DATA ON COMPARABLE ORGANIZATIONS IN SCENIC HUDSON'S GEOGRAPHIC AREA IN THEIR RECOMMENDATIONS.
FORM 990, PART VI, SECTION C, LINE 19
THE FOLLOWING CORPORATE GOVERNANCE DOCUMENTS ARE AVAILABLE TO THE PUBLIC ON THE ORGANIZATION'S WEBSITE (HTTP://WWW.SCENICHUDSON.ORG/ABOUT/FINANCIALS): * FORM 1023 * FORM 990 * AUDITED FINANCIAL STATEMENTS * CERTIFICATE OF INCORPORATION * CORPORATE BY-LAWS * WHISTLEBLOWER POLICY * CONFLICT OF INTEREST POLICY
FORM 990, PART XII, LINE 2C:
THE PROCESS OF OVERSEEING THE AUDIT AND SELECTION OF INDEPENDENT ACCOUNTANT HAS NOT BEEN CHANGED FROM THE PRIOR YEAR. THE INDEPENDENT AUDITORS ARE APPOINTED BY THE BOARD BASED ON THE RECOMMENDATION OF THE AUDIT COMMITTEE.
FORM 990, PART I, LINE 5 AND PART V, LINE 1A:
CLARIFICATION RELATED TO NUMBER OF EMPLOYEES: THE ORGANIZATION HAS NO EMPLOYEES OF ITS OWN AS THE MANAGEMENT OF THE ORGANIZATION IS PROVIDED BY SCENIC HUDSON, INC. SCENIC HUDSON, INC. IS REIMBURSED FOR THE PAYROLL AND OPERATING COSTS PAID ON BEHALF OF THE ORGANIZATION.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.