Governing documents
The trust’s founding instrument and conflict rules, published in full.
The trust today
Bryce Canyon Conservancy Trust is an irrevocable Utah charitable trust, established October 11, 2026. Chase Kaczmarek is its founder and sole trustee, and serves without pay.
Its application for federal tax exemption (Form 1023) was filed October 14, 2026, requesting recognition under section 501(c)(3) as a private operating foundation. IRS recognition is pending. Donations are not currently accepted and no tax-deductibility claim is made.
The trust’s land-conservation program is described on Land conservation.
Declaration of charitable trust
Article 1. Declaration, name and initial property
On the actual execution date entered below, Chase Kaczmarek, as settlor and initial sole trustee, declares that he holds the separately identified Ten Dollars ($10.00) described in Schedule A, together with additions lawfully accepted, in trust under this declaration. He accepts fiduciary duties to administer that property exclusively for the public charitable purposes stated here. He is not a private beneficiary. The trust's legal name is Bryce Canyon Conservancy Trust. It may conduct activities under Bryce Canyon Conservancy only after any required assumed-name registration is effective.
This is a new charitable trust, not an amendment to the articles of Bryce Canyon Conservancy, Utah corporation 14743439-0140. No corporate asset, liability, agreement, intellectual property or account passes to this trust by this declaration alone. Any transfer requires separate lawful documentation and acceptance.
Article 2. Exclusive purposes
The trust is organized and shall be operated exclusively for charitable, scientific, and educational purposes within section 501(c)(3) of the Internal Revenue Code, or the corresponding provision of a future federal tax code, and for public charitable purposes under Utah law.
Its specific purpose is to protect the lands, wildlife connections, and natural conditions surrounding Bryce Canyon National Park through voluntary conservation, sustained field monitoring, and informed local stewardship. It may acquire and steward conservation land, undertake scientifically reviewed research for public benefit, and provide free environmental information and nonpartisan education in furtherance of these exempt purposes.
The trust intends to conduct its own charitable programs and seek classification as a private operating foundation under section 4942(j)(3). That intent is not an IRS determination. The trustee shall document actual operations and test eligibility; if classification is not obtained or maintained, all applicable private-foundation obligations continue. No charitable asset may revert to the settlor because of a tax-status result.
Article 3. Irrevocability and permanent charitable dedication
This trust is irrevocable. The settlor, trustee, contributors and their heirs have no power to revoke it, reclaim its property, or receive its income or principal for private purposes. Every accepted contribution is held subject to this declaration and lawful, consistent donor restrictions. The trustee shall decline a contribution whose conditions would defeat the trust's purposes or exemption. A contribution creates no ownership, voting, occupancy, recreational or preferential access right.
Article 4. Federal limitations and private-foundation provisions
No part of the net earnings shall inure to the benefit of any private shareholder or individual. Reasonable payments for necessary services and actual expenses advancing exempt purposes may be made only as permitted by law and this declaration. No substantial part of the trust's activities shall consist of propaganda or otherwise attempting to influence legislation. The trust shall not participate or intervene, including by publication or distribution of statements, in any political campaign for or against a candidate for public office.
The trust shall conduct no activity inconsistent with exemption under section 501(c)(3) or deductibility under section 170(c)(2). While treated as a private foundation, and notwithstanding any other provision:
- The trustee shall distribute income for each taxable year at the time and in the manner necessary to avoid tax under section 4942.
- The trust shall not engage in an act of self-dealing as defined in section 4941(d).
- The trust shall not retain excess business holdings as defined in section 4943(c).
- The trust shall not make investments in a manner subjecting it to tax under section 4944.
- The trust shall not make taxable expenditures as defined in section 4945(d).
These restrictions are intended to satisfy section 508(e) and Treasury Regulation 1.508-3. References include successor provisions. A favorable price, disclosure or trustee approval does not cure prohibited self-dealing. The trustee shall not elect treatment under section 501(h) while the trust is ineligible for that election.
Article 5. Trustee powers and conservation property
Subject to the preceding restrictions and fiduciary duties, the trustee may receive contributions; acquire, hold, manage, conserve and convey real and personal property; grant conservation easements to qualified independent holders; open and administer accounts in a fiduciary capacity; invest prudently; enter necessary contracts; obtain insurance; retain qualified independent service providers; hire employees; and execute instruments necessary to carry out the trust's purposes. No power requires or authorizes spending without available funds and a documented purpose.
The trust may directly conduct stewardship, monitoring, research and free education, and may make lawful charitable distributions. Agreements with governments, landowners or other organizations must describe actual authority and obligations. Holding land alone does not establish permanent conservation protection or operating-foundation eligibility. A proposed easement requires an independent holder qualified for the intended legal and tax treatment; the trust shall not represent itself as a qualified section 170(h) holder without an established legal basis.
The trustee, relatives and other disqualified persons shall have no personal use of trust land, equipment, facilities or other property, including lodging, a cabin, vacation, private storage or exclusive recreation. Necessary documented fiduciary or program work is distinct from personal use and remains subject to section 4941. No loan, lease, sale, guarantee or other insider benefit is authorized merely by these general powers.
Title may be held as Chase Kaczmarek, Trustee of the Bryce Canyon Conservancy Trust dated ____________________, or in the name of the then-serving successor trustee in that capacity, as appropriate to the asset and applicable law. A bank or recorder may require additional accurate identifying information.
Article 6. Service, expenses and conflicts
The initial trustee shall serve without compensation. No trustee compensation is authorized by this declaration unless a later lawful administrative amendment provides a compliant, documented procedure before services or payment. Actual necessary expenses may be reimbursed only with receipts, a contemporaneous charitable purpose, no personal element, and compliance with applicable self-dealing exceptions. This clause is not a blanket reimbursement agreement for earlier personal or corporate bills.
The trustee shall adopt and follow the separate conflict-of-interest policy. The trustee shall identify disqualified persons and disclose interests in writing. Where personal interests prevent a lawful decision, the trustee shall defer the transaction and, if needed, seek a duly authorized independent fiduciary or court direction. An advisory review alone does not confer fiduciary authority or excuse a prohibited transaction. No indemnification shall cover bad faith, reckless indifference, intentional wrongdoing or an amount whose payment would itself be unlawful.
Article 7. Administration, records and fiscal year
Utah law governs this trust. Its situs and principal place of administration shall be in Utah. The trustee shall maintain the actual administration and correspondence addresses in the trust's private administrative records and use accurate addresses in required filings. A PO Box does not substitute for a street address where required.
The fiscal year ends December 31. The first year begins only on actual creation and funding. Keep separate property and accounts; a contribution ledger; receipts and disbursements; donor restrictions; asset/title records; contracts; written trustee decisions; time and program records; conflicts disclosures; and tax/classification calculations. Maintain original signed instruments and amendments permanently. Prepare required federal and state filings, including the applicable Form 990-PF, and required public disclosures. Protect identifiers and sensitive field information in accordance with law; do not treat private-foundation donor disclosure rules as identical to public-charity rules.
The trustee shall review program results, cash needs, insurance, succession and tax compliance annually. Any bond may be waived to the extent lawful, but this declaration does not restrict a court's power to require security or protective measures.
Article 8. Succession, incapacity and resignation
No individual or institution is initially designated as successor. If the sole trusteeship becomes vacant, it must be filled. The trust shall follow Utah Code 75B-2-704(4): first any validly designated and accepting successor; then a person selected by charitable organizations expressly designated to receive distributions, with the Attorney General's concurrence, where that statutory route applies; otherwise a trustee appointed by a court of competent jurisdiction. This declaration does not appoint the Attorney General, require an unconsenting institution to serve, or promise a court's choice.
While capable, the serving trustee may designate a successor by a written, dated instrument kept with this declaration; no designation gives a successor present authority or any private beneficial interest. A successor must accept in writing and agree to these terms. Ordinary administration is by one trustee, subject to a court's authority to appoint an additional trustee or special fiduciary.
For purposes of suspension of authority under this declaration, incapacity exists upon a court determination or written opinions of two independent licensed physicians, each finding that the trustee cannot understand and manage fiduciary affairs. The opinions shall disclose no more medical information than necessary. A court-appointed guardian or conservator creates a vacancy as provided by law. Recovery of capacity and any return to office must be documented consistently with the valid successor appointment or court order; the former trustee cannot displace a successor unilaterally.
A trustee may resign upon the notice required by Utah Code 75B-2-705 or with court approval. The resigning trustee shall protect trust property pending orderly delivery and accounting to the successor. On death, incapacity or vacancy, an interested person may seek prompt court appointment or interim protective relief. Private custody of a copy of this instrument does not itself confer power to spend or administer the trust. Prior liability is not released by resignation or succession.
Article 9. Limited amendment
The trustee may amend administrative terms, in a written and dated instrument retained with this declaration, only to improve faithful administration or comply with applicable law and maintain section 501(c)(3) exemption or intended operating-foundation classification. The trustee has no power to amend the charitable purposes in Article 2, irrevocability and dedication in Article 3, the prohibition of private inurement and federal limitations in Article 4, the charitable termination restrictions in Article 10, or this limitation so as to weaken it. No amendment may authorize personal benefit or return of property to the settlor.
Mandatory law and a court's lawful authority, including cy pres where applicable, remain controlling. This administrative power does not guarantee maintenance of a federal classification or eliminate required notice, consent or court review.
Article 10. Termination and disposition
The trust is intended to continue indefinitely. If lawful termination becomes necessary, the trustee shall satisfy lawful obligations, preserve conservation and donor restrictions, comply with applicable private-foundation termination taxes and procedures, and distribute all remaining assets solely to one or more organizations then qualifying under section 501(c)(3), or to the federal government or a state or local government for a public purpose consistent with this declaration.
No remaining asset may be distributed to the settlor, a trustee, a contributor or a relative because of that status. Any asset not properly distributed shall be disposed of by a court of competent jurisdiction exclusively for these charitable or public purposes. Termination does not release recorded conservation restrictions or permit a transfer for private use.
Article 11. Execution by Chase personally
By signing, the settlor and trustee declares his intention to create this irrevocable trust, confirms the identified initial property is actually held in trust, and accepts the duties stated above. The dates below must be the actual dates of the acts recorded.
Signed October 11, 2026, by Chase Kaczmarek as settlor, and by Chase Kaczmarek as initial sole trustee.
Schedule A - Initial trust property
Initial property: Ten Dollars ($10.00) in cash, separately identified and held by Chase Kaczmarek in his fiduciary capacity under this declaration. Set aside October 11, 2026.
Sole-trustee conflict-of-interest policy
The trustee must advance the public charitable purposes and protect property from private benefit. Keep an annual and transaction-specific written disclosure of personal, family, employment, business and financial interests. Identify disqualified persons under section 4946, including the settlor regardless of gift size, substantial contributors, foundation managers, relevant family members and controlled entities.
Before a proposed transaction, document the charitable need, counterparties, relationships, alternatives, terms, fair-value evidence, available funds, restrictions and applicable law. Section 4941 can prohibit a transaction even at fair value; a disclosure, favorable price or approval does not cure it. Do not treat all relatives or all service transactions as automatically within or outside an exception.
The startup policy prohibits sales, leases, loans, guarantees, personal use and other benefits between the trust and disqualified persons unless a specific lawful exception is independently established before commitment. The initial trustee is unpaid. Unconditional cash gifts without consideration may be accepted and recorded. Document any restrictions; no gift buys influence over scientific conclusions, a reversion, housing or other private benefit.
Reimburse only substantiated, actual, reasonable and necessary charitable expenses that qualify under applicable law. Separate personal costs and predecessor corporate costs. No undocumented allowance, old blanket repayment promise or percentage-of-funds compensation is permitted. If the trustee cannot document a specifically applicable lawful exception for an insider reimbursement or compensation arrangement, the trust shall not enter or pay that arrangement. No retained professional review is a condition of adopting this policy; the substantive legal restrictions remain controlling.
A sole trustee cannot manufacture a disinterested quorum or approve his own conflict by recording a recusal. If a decision requires a disinterested fiduciary, defer it and seek a validly empowered special fiduciary or court direction. An adviser is not automatically a substitute trustee. If a prohibited transaction has occurred, stop further performance, preserve records, determine and carry out the required corrective and tax measures; no backdated approval.
Record decisions and rejected alternatives. Review compliance at least annually, including compensation, property use, investments, grants, donor restrictions, operating-foundation tests and required disclosures. Retain supporting legal analysis, any independent review actually obtained and comparability evidence. Report suspected diversion through appropriate lawful channels.