Partnership-Guide_2005

May 2005
Produced by:
The National Forest Foundation
USDA Forest Service

The Partnership Guide is available online at:
http://www.partnershipresourcecenter.org/resources/partnership-guide/

Partnership Guide - May 2005

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Partnership Guide
The Power of People Working Together
A Living Document
Produced in partnership by the
National Forest Foundation
and the
USDA Forest Service, National Partnership Office
May 2005

With Special Thanks to the many people who contributed their valued
time and energy by writing, reviewing, and telling their stories for this Guide.

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This document has not been edited by the Government Printing Office

Partnership Guide - May 2005

TABLE OF CONTENTS
INTRODUCTION ................................................. 4
Chapter I – WORKING IN PARTNERSHIP WITH
THE FOREST SERVICE .......................................... 5
The Meaning of Partnership .............................. 5
Documenting Partnerships ................................. 6
A Note on Collaboration ................................... 7
The Focus of This Guide ................................... 8
Chapter II – BUILDING RELATIONSHIPS .............. 9
Elements of Success ......................................... 9
Resources and Tools ....................................... 10
Chapter III – FIELD GUIDE TO THE
FOREST SERVICE .............................................. 11
Forest Service Structure ................................. 11
National Forest System ................................... 12
State and Private Forestry ............................... 13
Research and Development ............................. 13
Coordination within the Forest Service ............ 14
Forest Service Personnel ................................ 14
Chapter IV – FIELD GUIDE TO NONPROFIT
ORGANIZATIONS ............................................... 17
Structure and Management of
Nonprofit Organizations .................................. 17
National Forest Foundation ............................. 18
NFF’s Other Programs ................................... 20
Interpretive Associations ................................. 21
Chapter V – VOLUNTEERS .............................. 23
Volunteers Program ........................................ 23
Volunteer Paperwork ...................................... 23
Safety Issues .................................................. 24
Resources ...................................................... 24
Chapter VI – GRANTS AND AGREEMENTS ......... 26
Mutual Benefit Agreements ............................. 26
Watershed Restoration and Enhancement
Agreements .................................................... 28
Federal Financial Assistance and Contracts ..... 30
Other Types of Agreements ............................. 31
Guidance and Resources ................................. 34
Chapter VII – CONTRACTING
WITH PARTNERS .......................................... 38
Contracting with Nonprofits
and Community-Based Organizations .......... 38

Contracting with Tribal Entities .................... 40
Chapter VIII – COMMON CHALLENGES
FOR PARTNERSHIPS ....................................... 43
National Environmental PolicyAct ............... 43
Federal Advisory Committee Act ................ 45
Obligating Money for
Multiple-Year Partnerships .......................... 49
Shared Facilities (Co-Location) .................. 50
Indirect Costs Assessments ......................... 54
Reimbursement of Travel Expenses ............. 59
Use of Government-Owned
Vehicles by Non-Federal Partners ............... 60
Chapter IX – CONDUCT AND ETHICS ........... 61
Working with Nonfederal Organizations ...... 63
Working with Partners who are Fundraising . 65
Forest Service Authority to Accept and
Solicit Gifts/Donations ................................. 67
Donor and Partner Recognition ................... 69
Recognizing Individual Effort ....................... 71
Chapter X – COMMUNICATING
PARTNERSHIP SUCCESSES ............................... 73
Channels of Communication ........................ 73
What to Include .......................................... 73
Resources .................................................. 73
Forest Service Databases ........................... 74
Appendix A – ACRONYMS ........................... 75
Appendix B – GLOSSARY OF TERMS ............. 77
Appendix C – CONTACTS AND
PARTNER WEBSITES ..................................... 81
Appendix D – FOREST SERVICE REGIONS ..... 82
Appendix E – STATE AND PRIVATE
FORESTRY PROGRAMS ................................... 83
Appendix F – STATUTORY AUTHORITIES ...... 91
Appendix G – READING LIST ...................... 95
Appendix H - ADDITIONAL LEGAL REFERENCES
FOR CONDUCT AND ETHICS ........................... 97
Appendix I - HIGHLIGHTS ON THE USDA
DIRECTIVE ON ACCEPTANCE OF GIFTS .......... 101
Appendix J - LIAISON AGREEMENT ............ 103

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Introduction
Partnerships in land stewardship reflect a growing and
important trend: the joining of passion and resources by
committed citizens, organizations, and government
agencies to achieve social, economic, and ecological
goals. The Forest Service has worked with partners
throughout its 100-year history. But the problems of
land management have grown more complex, and the
needs of the public more varied. The American people
today are voicing their strong desire to volunteer and
participate in the stewardship of natural resources and
in the decisions that affect their communities.

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The Forest Service is responding by empowering
employees and partners to create and sustain successful
partnerships. The National Forest Foundation (NFF), a
key Forest Service partner, is assisting the agency in this
arena by helping to build partnerships and partner
networks. (Read more about the NFF in Chapter IV –
Field Guide to Nonprofit Organizations.) Internally, the
Forest Service is aligning its structure and policies to
help partnerships run more smoothly. For example, the
agency is clarifying conduct and ethics policies for
partnerships and re-engineering its business processes.
In 2004, the President’s Administration sent a Forest
Service partnership bill to Congress.
This Partnership Guide, produced by the Forest Service
and the NFF, is a tool to help Forest Service employees, experienced partners, and first-time or potential
partners work together more effectively and efficiently.
The guide answers common questions about the
agency’s policies and procedures, helps partnerships
anticipate potential hurdles, and provides contacts and
other resources to help users find more specific guidance. Finally, the guide highlights creative approaches
taking place across the country that promote sustainable
and vibrant forests, grasslands, and communities.
Through partnerships like these, the agency is learning
how to more successfully sustain the health, diversity,
and productivity of the nation’s forests and grasslands
to meet the needs of present and future generations.

From the Desk of Dale Bosworth,
Chief, Forest Service
As we enter the Forest
Service’s second century
of caring for the land and
serving people, a strong
spirit of partnership and
collaboration is more
important than ever. This
Partnership Guide
provides the practical
information that people
need to partner with the
Forest Service – to take Dale Bosworth, Chief
a good idea and put it
into practice as soon as possible. I hope you will
turn to its pages whenever you need inspiration and
guidance for cultivating your ideas. Together we can
do great things.

From the Desk of Bill Possiel,
President, National Forest Foundation
The National Forest
Foundation (NFF) is
proud to work with the
Forest Service to
strengthen the role the
public plays in caring for
our nation’s forests. Now
more than ever, individuals
and organizations are
taking part in the day-toBill Possiel, NFF
day conservation, stewardPresident
ship, restoration, and
outreach work on our National Forests – with the
support and guidance of the agency. Together, the
Forest Service, the NFF, and hundreds of partners
across the country are working to make sure our
National Forests endure the test of time.

Partnership Guide - May 2005

I. Working in Partnership with the Forest Service

At heart, partnerships are a straightforward concept:
people working together to achieve goals that are
meaningful to both of them. But the details can be
trickier and the terminology confusing. This chapter
explains:
• The meaning of partnership
• Documenting partnerships
• Collaboration
• The focus of this guide
Throughout the chapter, sidebars highlight vibrant
examples of Forest Service partnerships with citizens,
communities, and organizations. The goals of these
efforts include restoring wildlife habitat, revitalizing
communities, enhancing opportunities for recreation,
engaging new citizen stewards, and resolving conflicts
over watershed management.

The Meaning of Partnership
In this guide, the words “partnership” and “partners”
are used in a broad way to describe relationships
between the people, organizations, agencies, and
communities that work together and share interests.
The Forest Service regularly works in partnership with
other entities, including tribes, states, federal agencies,
nonprofits, businesses, and communities.
However, it is important to understand that the word
“partnership” also has a more precise meaning according to federal policy. Federal policy defines partnerships
as “arrangements that are voluntary, mutually beneficial,
and entered into for the purpose of mutually agreed
upon objectives.” In this definition, “mutual benefit”
specifically means that each partner shares in the
benefits the project provides.

Enhancing Recreation
Along a 120-mile stretch of Lake Superior’s
shoreline through Michigan, the Hiawatha Water
Trail Association works with the Forest Service,
communities, and other partners to enhance
recreation and tourism opportunities.
One of the partnership’s innovative accomplishments is a locker system that paddlers can use to
secure their kayaks and gear while they shop,
dine, and use other community facilities at towns
along the trail. Forest Service partners include
State and Private Forestry’s Economic Action
Programs and the Hiawatha National Forest.

agency also uses contracts to purchase goods or
services that directly benefit the Forest Service. These
types of formal arrangements are partnerships in the
sense that they help each party achieve their goals and
build skills, knowledge, and relationships that provide
the foundation for future work together.
The Forest Service also frequently works with partners
through informal activities that may serve as springboards for formal arrangements later. For example,
many agency employees participate in community
networks to offer educational events and share skills
and expertise with local landowners and citizens
without a formal, documented arrangement. In practice,
this broadens the meaning of partnership beyond the
specific definition under federal policy and beyond
formal arrangements.

The terminology can be confusing because the Forest
Service commonly uses the word “partnership” more
loosely to refer to work with others where the benefits
are not shared. For example, when the Forest Service
gives grants to communities for revitalizing urban
forests, the primary benefit is to the community. The
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Documenting Partnerships
A Note on Working with Governments
Whenever a Forest Service project, policy or decision
has the potential to affect another government or its
jurisdiction, the Forest Service is required to consult
with that other government. This is a separate consultative relationship, and occurs with American Indian
and Alaska Native tribes, states, local governments, and
other federal agencies. For example, the Forest Service
works with counties when county roads cross Forest
Service jurisdictions, and with tribes on issues surrounding treaty rights and access to sacred sites. It is
important to note that partnerships are not created in
lieu of consultative relationships with other governments.

Transforming Urban Environments
Working closely with partners, the Forest Service’s
Urban and Community Forestry Program promotes
the creation of healthier, more livable urban environments.

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In Seattle, a grant from the Urban and Community
Forestry Program helped volunteers revitalize a
polluted brownfield into a passive park with trails
and native forest habitat. The site had been overrun
with invasive blackberry thickets, transient camps,
and garbage and vehicle dumps. The partnership
transformed the land, part of the Environmental
Protection Agency’s Brownfields Program, into a
vibrant oasis for the local community.
In response to the events of 9-11, the Living Memorials project creates lasting, living memorials to the
victims of terrorism for their families, their communities, and the nation. With funding, technical assistance, and new tools provided by Urban and
Community Forestry, the project has engaged a
network of 4,600 people who have planted thousands of trees and reclaimed vacant neighborhood
lots as part of more than 150 projects in 28 states
and four countries.

Documenting a partnership is an important step because
it clarifies objectives, describes roles and responsibilities, and ensures accountability by all parties. There are
many types of formal arrangements, or “instruments,”
that the Forest Service uses to document work with
others. The correct instrument to use depends primarily
on who the parties are, the type of project, who will
benefit, and whether and how the parties exchange
funds or other resources.
Instruments for documenting relationships fall into four
basic categories: mutual benefit agreements, Federal
Financial Assistance, contracts, and other agreements.
• Mutual benefit greements. These instruments
document partnerships that provide mutual
benefit for each party and are therefore true
partnership instruments according to federal
law:
o Challenge Cost Share Agreement
o Participating Agreement
o Joint Venture Agreement
o Watershed Restoration and Enhancement Agreements (Wyden Amendment)
• Federal Financial Assistance. Instruments in
this category are used to stimulate or support
the activities of non-federal organizations for a
public purpose. Instruments used under Federal
Financial Assistance are:
o Cooperative Agreement
o Grant
• Contracts. The Forest Service uses contracts
to acquire goods and services that benefit the
Forest Service. Types of contracts include:
o Micro-purchasing
o Simplified Acquisition
o Stewardship Contract

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• Other agreements. The Forest Service uses a
variety of other agreement instruments that do
not fall into any of the above categories. These
include:
o Interagency Agreement
o Memorandum of Understanding
(MOU)
o Cooperative Research and Development Agreement
o Volunteer Agreement
o Collection Agreement
o Cost Reimbursable Agreement
Grants, agreements, and contracts are discussed in
more detail in Chapter VI – Grants and Agreements –
and Chapter VII – Contracting with Partners.

A Note on Collaboration
An integral part of many partnerships is a collaborative
process. The term “collaboration,” though, often
provokes confusion. In natural resource management,
collaboration increasingly refers to a process where
groups with different interests come together to address
management issues across a large geographic region
such as a forest, watershed, or landscape. Through
collaboration, groups that may disagree explore their
differences, identify common interests, and seek common-ground solutions. The goal of collaborative groups
is to build and promote a collective vision for how to
manage the land. Such relationships can lead to one or
many partnership projects.
A collaborative relationship may be documented
through a formal arrangement, but often it is not. This
means that a collaborative process is a type of partnership in the broad, rather than the strict, sense.

Seeking Common Ground
In the scenic Henry’s Fork Watershed of eastern
Idaho and western Wyoming, a diverse group of
citizens, agencies, nonprofits, and scientists
formed the Henry’s Fork Watershed Council to
collaboratively address controversial resource
management issues. By using a consensusbuilding process, this partnership has helped
formerly adversarial groups work together to
coordinate research, conduct restoration, and
ensure sustainability of the watershed resource.

Improving Wildlife Management
and Habitat
Across the nation, partners are working with the
Forest Service to improve the ability of forests to
support diverse and healthy wildlife communities.
On the Yakutat Ranger District in Alaska, the
Forest Service is working with Alaska Department
of Fish and Game, University of Alaska at
Fairbanks, and the Bureau of Indian Affairs
through a Participating Agreement to assess
moose populations and habitats in an effort to
improve moose management.
In the Scapegoat Wilderness of Montana’s Lewis
and Clark National Forest, the Forest Service and
the Rocky Mountain Elk Foundation worked
together under a Challenge Cost Share Agreement
to conduct prescribed burns for improving wildlife
habitat. The prescribed fires cleared out excessive
understory – built up from decades of fire suppression – to prevent large crown fires and
rejuvenate the grasses and forage that support elk
and other wildlife. The project has helped restore
fire, a critical natural process, to the wilderness
landscape.

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The Focus of this Guide

Revitalizing Communities

Much of this guide focuses on guidance for documenting partnerships through formal arrangements and
navigating the laws and policies that apply to partnerships. It will also help users learn to build and maintain
strong relationships, understand the Forest Service and
nonprofit organizations, initiate work with volunteers,
understand conduct and ethics requirements for agency
employees, and discover new ways to communicate
about a partnership’s successes.

Funding derived from the Forest Service’s
Economic Action Programs and other partners
helped Colville Confederated Tribes located in
Washington State purchase and improve a
plywood mill and biomass power plant that had
recently shut down in the community of Omak.
Colville Confederated Tribes and its business
arm developed the site into a viable low cost
producer of plywood and biomass power using
tribal resources and employed 71 people in
family-wage jobs, helping the region to prosper.

The guide is an overview, so it is important for the user
to consult the sources of in-depth information referenced throughout the guide and/or work with Forest
Service staff assigned to oversee grants, agreements,
and partnerships. (See Appendix C – Contacts and
Partner Websites – for Forest Service and National
Forest Foundation contact information and links to
additional partner websites.)

Partners that supported the effort included
several federal and state agencies, Washington
State University, a U.S. Senator’s Office, the
county’s economic development council, and a
national bank.

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Partnership Guide - May 2005

II. Building Relationships
Good relationships build trust and goodwill and provide
a solid foundation for partners to work together to
achieve mutual goals. This chapter:
• Describes key elements for successful partnership relationships
• Provides resources for users seeking more
information

Elements of Success
Experience shows that successful partnerships and
collaborative efforts exhibit the following features:
• Clear objectives – The partnership lays out clear
objectives that may include specific stewardship
goals or building skills, relationships, and capacity.
• Agreed-upon scope – Agreement on the scope of
a partnership, including its scale, extent, and intent,
focuses the partnership effort.
• Sufficient resources and information – The
partnership or collaboration has access to sufficient
resources to ensure success. Resources include
time, staff, information, data, skills, and money.
• Mutual benefits and responsibility – All parties
share in the decision-making process, responsibility
for outcomes, and benefits of the partnership.
• Respect – Partners not only respect each other but
also understand and respect the missions, goals,
and regulations of the organizations involved.
• Good communication – Continuous communication and frequent opportunities to check progress
build relationships that provide mutual recognition,
trust, and respect, and improve the capacity of
participants to solve problems together.
• Careful management – Essential elements include:
1) clearly defined participant roles and responsibilities; 2) clear ground rules and protocols; and 3)
informal and formal communication links with the
public, the media, and other government agencies.

• Compliance with legal requirements –The
government agency and outside partners all comply
with legal guidelines and policies that govern their
status and partnership involvement. The partners
are knowledgeable about legal authorities and
constraints that may impact their decisions.
• Planning for implementation and evaluation –
Participants agree on the steps that each will take
to implement their collective plan, and on measurable outcomes to gauge effectiveness.
These features help to build the effectiveness of any
partnership. Since collaborative efforts commonly bring
together stakeholders with a long history of conflict and
mistrust, they face additional challenges in achieving a
balanced group dynamic. Successful collaborative
groups take care to provide the following elements:
• Inclusion – Collaborative planning for forest
management includes all parties with a stake in the
results. The process treats all participants fairly and
consistently. It allows participants to consult with
relevant constituencies and to feel vested in all
decisions made.
• Incentives to participate – Stakeholders in a
collaborative effort have sufficient and continuing
incentives to participate.
• Accountable representation – The participants
who represent groups or organizations effectively
speak for the interests they represent and are
accountable to their constituency.
• Equal access – The collaborative group ensures
equal opportunities to participate, access to relevant scientific and technical information, and skillbuilding for participants.

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Resources and Tools
Many resources are available to help partners build and
nurture positive relationships. All of the resources below
may be accessed through the Partnership Resource
Center website, a joint website of the Forest Service
and the National Forest Foundation. The online Center
provides information and resources to help employees
and partners work together in partnership and collaboration. (http://www.partnershipresourcecenter.org)

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•

The Community Tool Box, developed by the
National Park Service’s Rivers, Trails, and Conservation Assistance Program, offers practical guidance for facilitating positive group interactions
through techniques such as consensus-building,
goal- and vision-setting, active listening, and dialogue. (http://www.nps.gov/phso/rtcatoolbox/
index_comtoolbox.htm)

•

Learning from Experience, developed by the
University of Michigan’s Ecosystem Management
Initiative, offers informative case studies on natural
resource collaboration and partnerships. The
“Lessons Learned” section provides guidance on
issues such as organizing the process, managing
scientific complexity, accommodating diverse
capabilities of participants, and evaluating progress.
(http://www.snre.umich.edu/ecomgt/cases/)

• The U.S. Institute for Environmental Conflict
Resolution assists parties in resolving environmental
conflicts around the country that involve federal
agencies or interests. (http://ecr.gov/)
• The Red Lodge Clearinghouse provides extensive
information and guidance for collaborative groups
seeking to resolve resource conflicts throughout the
western United States. The website also tells the
stories of many collaborative efforts.
(http://www.redlodgeclearinghouse.org/)

• The Partnership Resource Center Forum provides
an online discussion center to help people engaged
in partnership work connect with others to ask
questions, share information, and network.
(http://www.partnershipresourcecenter.org/forum/)

Partnership Guide - May 2005

III. Field Guide to the Forest Service
This chapter provides a brief overview of the Forest
Service, its organizational structure, and the responsibilities of the different parts of the organization. Familiarity with this structure will help partners understand the
role of key individuals within the Forest Service and
those they may work with in a partnership. The chapter
describes:
• The overall structure of the Forest Service
• The three branches of the Forest Service and
how they work together
• Forest Service personnel that partners commonly work with
The Forest Service website provides additional information about the agency, its programs, and the public
lands it manages. (http://www.fs.fed.us/)

Forest Service Structure
There is more to the Forest Service than the 192 million
acres it manages in the National Forests and Grasslands. The Forest Service is made up of three branches.
They are:
• National Forest System
• State and Private Forestry
• Research and Development

USDA Forest Service
National
Forest
System

State and
Private
Forestry

Research

In addition, a staff group in Washington D.C. (International Programs) manages Forest Service involvement
overseas and reports directly to the Chief of the Forest
Service. International Programs provides forestry and
natural resource technical assistance to developing
countries around the world. It works in partnership with
other U.S. government agencies, the United Nations,
international non-governmental organizations, and hostcountry government counterparts.
Each of the three branches and International Programs
operates under its own rules, regulations, and Congressional authority. Each branch receives budgets through
the federal appropriations process, and money is not
easily transferred between branches. It is important to
recognize that different sets of laws, policies, and
regulations affect how each of the three branches can
enter into partnerships.
Broad policy for all three branches and International
Programs is formulated at the national headquarters for
the Forest Service. It is located in Washington, D.C.,
and is often referred to as the WO (Washington Office). The WO works with the President’s administration to develop budgets and interfaces with Congress
on all agency issues. The Chief oversees all aspects of
the Forest Service and reports to the Under Secretary
for Natural Resources and Environment in the Department ofAgriculture.
The Forest Service Manual (FSM) and the Forest
Service Handbook (FSH) codify the agency’s policy,
practice, and procedure. This Partnership Guide
provides many references to sections of the FSM and
FSH to help users locate more in-depth information
related to Forest Service policies. The FSM and FSH
are available on the Forest Service website
)(http://www.fs.fed.us/im/directives/).

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National Forest System
The National Forest System (NFS) encompasses 192
million acres of public land managed by the Forest
Service. A Deputy Chief is assigned to oversee the
National Forest System. The Deputy Chief reports to
the Chief. Including the WO, there are four levels of
National Forest offices and each level provides a
different aspect of leadership and a different level of
authority.

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Regions
The NFS has nine Regions, each with a headquarters
often referred to as an RO (Regional Office). While
there are only nine Regions, they are numbered 1
through 6 and 8 through 10. A number of years ago,
Region 7 was eliminated and the Forests in Region 7
were consolidated into Regions 8 and 9. The highest
authority in each Regional Office is the Regional Forester, who reports to the Chief. Among other duties,
Regional Office staff coordinate activities within the
Region and allocate budgets to the Forests. Guidance
on contracting, grants, and agreements is often provided
at this level. Many of the Regions have a partnership
staff person who works with National Forest employees and partners. Their job is to provide assistance in
overcoming partnership barriers and promoting partnership activities. See Appendix D – Forest Service
Regions – for a map showing the nine Regions.
National Forests
Perhaps the most familiar unit in the National Forest
System is the National Forest or Grassland. There are
155 National Forests and 20 Grasslands. Each National Forest or Grassland is often referred to internally
as a unit. Each unit has an office referred to as the SO
(Supervisors Office). The person in charge of a National Forest or Grassland is the Forest Supervisor who
reports to the Regional Forester. The Supervisors
Office coordinates activities and priorities between
Districts, allocates the forest level budget, and provides
technical assistance to each District. Most contracting
officers are located in the Supervisors Office, unless the
National Forests in the Region are organized into zones.

A zone is where two or more National Forests share
personnel such as contracting officers, planning staff,
and human resources staff. A contracting officer is a
Forest Service employee who has the skills and authority to bind the Forest Service to legal contracts.
Districts
Each National Forest or Grassland is made up of
Ranger Districts. A District Ranger is in charge of the
activities at this level and reports to the Forest Supervisor. Many on-the-ground activities are directed from
the Ranger Districts, including operation of campgrounds, watershed restoration activities, trail maintenance, and management of vegetation and wildlife
habitat. Ranger Districts have the closest connection to
local communities and on-the-ground activities.
National Forest or District Project Implementation
National Forest or Grassland project priorities are
usually set by the forest leadership team. The forest
leadership team is composed of the Forest Supervisor
and staff officers from the Supervisors Office, along
with the District Rangers from the local unit. The
employees with the authority to make project decisions
are often referred to as line officers. Forest Supervisors
and District Rangers are line officers.

WO
Regional Offices

Forests and Grasslands

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Districts

State and Private Forestry
The State and Private Forestry (S&PF) branch of the
Forest Service is a federal leader in the stewardship of
non-federal forestland. In this role, State and Private
Forestry brings forest management assistance and
expertise to a wide spectrum of partners – including
state forestry agencies, local governments, nonprofit
organizations, landowners, and tribes. Least known of
the agency’s three branches, State and Private Forestry
is involved in many important partnership and capacitybuilding projects as a result of its unique mission. Its
programs employ collaborative partnerships, expert
advice, innovative technology, and financial assistance
to help people across the country manage and protect
their trees and forested landscapes. On average, every
$1 of federal investment in State and Private Forestry
cooperative programs triggers $10 from non-federal
sources to provide environmental, economic and social
returns.
The authorities for State and Private Forestry programs
provide partners with many opportunities to obtain
funds for partnership projects. Since state foresters are
the legislated partner for most programs, funds for
partnership projects are usually given to and managed
by state forestry offices, with direct oversight from
Forest Service Regional program coordinators.
State and Private Forestry programs fall under staff
areas that include forest health protection, fire and
aviation, cooperative forestry, conservation education,
and urban and community forestry. These programs
help achieve the stewardship and sustainability of the
nation’s rural and urban forestland resources by:
• Providing cutting-edge technical expertise
• Helping to build strong state and local forestry
programs
• Strengthening the environmental, social, and
economic health of communities
• Providing financial assistance through a competitive grants process
• Reducing federal expenditures through preventive measures

• Monitoring trends in sustainability on all forest
lands
• Serving as an information clearinghouse
• Providing education about the complexities of
ecological issues
Most State and Private Forestry staff are located either
in the WO, or in Regional Offices. Occasionally, staff
work alongside National Forest System staff in National Forest offices. Each Regional Office houses a
State and Private Forestry staff with its own director,
with the exception of the Northeastern Area. The
Northeastern Area, an administrative unit of State and
Private Forestry, is headquartered in Newtown Square,
PA, and serves the same states as the Region 9 Office
in Milwaukee, WI.
The table in Appendix E – State and Private Forestry
Programs – provides an overview of many State and
Private Forestry programs that work primarily or
exclusively through partnerships.

Research and Development
The Research and Development branch of the Forest
Service is the largest forestry research organization in
the world. Research and Development scientists carry
out basic and applied research to study biological,
physical, and social sciences related to forests and
rangelands. Through their work, they provide the
scientific and technical knowledge necessary to protect
and sustain the nation’s natural resources. The Deputy
Chief of Research and Development oversees this
branch. In addition to Washington Office employees
and federal scientists located at universities across the
country, there are six research stations managed by
Station Directors and the Forest Products Laboratory
which is managed by a Director.
The Research and Development branch is also an
expert partner. Forest Service scientists work closely
with universities in the United States, the international
research community, and other research institutions.

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They partner with land managers and practitioners to
provide scientific information that is relevant and
accessible for on-the-ground action.

Coordination within the Forest Service
As partnerships become a more effective way to
achieve conservation results, the need for the branches

to work together cooperatively is increasing. Each
branch has unique skills, authorities, and information to
provide to collaborative efforts. The National Fire Plan,
an integrated strategy for wildland fire activities across
public lands management agencies, offers numerous
opportunities for integration. Applied research is needed
to address on-the-ground issues and to transfer re-

Helping Communities Build Capacity – Bitterroot Community Fire Plan
With help from State and Private Forestry programs, residents throughout the Bitterroot Valley in western Montana are working together to reduce the risk from catastrophic wildfires. Memory of the 2000 firestorm that
devastated the valley continues to drive the community’s efforts.
A State and Private Forestry Economic Action Program grant issued to the Bitterroot Resource Conservation
and Development (RC&D) Area, Inc., supported a community fire planning process that began in 2002. Participants in the process included private landowners, community leaders, volunteer fire departments, independent
foresters, nonprofit organizations, elected officials, and local, state, and federal agencies. Forest Service employees partnered with RC&D staff to provide coordination.

14

Completed in the spring of 2003 and updated in 2004, the Community Fire Plan addresses four key community
goals:
• Fire prevention and suppression, emphasizing expanded emergency response coordination and capacitybuilding for volunteer fire departments
• Hazardous fuels reduction in the wildland-urban interface, including treatments across jurisdictional
boundaries and community engagement in a “defensible space”
campaign
• Restoration of fire-adapted ecosystems
• Community assistance, with emphasis on expanding commercial markets for waste wood products
generated in hazardous fuel treatments
The Community Fire Plan has generated notable achievements, including a map that identifies cross-boundary
high-risk areas, fuels reduction on 800 acres of private lands, creation of an informational website
(http://www.bitterrootfireplan.org), and creation of a successful homeowners awareness campaign adopted
throughout the inland northwest. Through mentoring, the Bitterroot RC&D now helps other RC&D Areas in
Montana develop similar fire plans.
For more information, contact Nan Christianson, Bitterroot National Forest, (406)363-7113,
nchristianson@fs.fed.us, or Kit Sutherland, Bitterroot RC&D, (406)363-1444 ext. 5,
kit.sutherland@mt.usda.gov. For information and resources on developing Community Wildfire Protection Plans,
visit: http://www.healthyforests.gov/community/cwpp.html.]
Partnership Guide - May 2005

search to real life problems for communities. For
example, the Forest Products Laboratory is responding
to the need to reduce hazardous fuels by developing
technologies to utilize small diameter wood from
thinning operations. These technologies offer economic

Working Together for Economic Vitality
in Rural, Forest-based Communities –
SBS Wood Shavings
Wildland fire and arid conditions are facts of life in the
Smokey Bear and Sacramento Ranger Districts on the
Lincoln National Forest near Ruidoso, New Mexico.
Thinning is necessary to restore forest and watershed
health. A top priority for the Forest is to develop a
commercial use for the trees removed during thinning
operations.
Glen and Sherry Barrow wanted to do their part in the
restoration of forest health. As members of the Ruidoso
Wildland Urban Interface Group, they recognized the
need to establish a successful wood waste utilization
operation.
With grants from the Forest Service’s State and Private
Forestry-Economic Action Programs through the Four
Corner’s Sustainable Forest Partnership and through
the Collaborative Forest Restoration Program, Sherry
and Glen forged ahead. In December, 2001, they began
construction on a facility to produce wood shavings for
animal bedding, a product in demand locally. In less
than a year SBS Wood Shavings turned out the first
bags of their product. They currently have four employees but expect to expand as they develop regular
customers and clients.
SBS Wood Shavings is a good example of how an
integrated approach among the three branches of the
Forest Service helps foster economic vitality in rural,
forest-based communities while restoring degraded
forest ecosystems. Below are some examples of the
roles that each branch played:

opportunities for communities while reducing the threat
of wildland fire. The accompanying story is an example
of how the branches are working cooperatively to
implement partnership projects and assist rural
communities.

National Forest System:
• Identify forest stands to be treated
• Prepare contract arrangements for material
• Provide interface between logging operators
• Award timber sales or stewardship contracts
• Network with state agencies
State and Private Forestry:
• Bring partners together to develop and implement a solution
• Identify potential funding sources
• Provide technical assistance on processing
wood, such as using small diameter wood
• Offer Firewise program
• Interface with state foresters and economic
development offices
• Provide small business assistance networks
• Provide marketing assistance
• Oversee community fire protection
• Offer Economic Recovery and Rural
Development Grants
Research:
• Provide Information
• Construction of short log hauling cages
• Equipment for processing material into
wood shavings
• Air emission regulations and quantities in
wood dryers
• Assistance with technical troubleshooting

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15

Forest Service Personnel
In general, there are four types of Forest Service
employees that partners work with directly. They are:
• Program/Technical Specialists
• Partnership Coordinators
• Grants and Agreements Specialists
• Contracting Officers (when contracts are used)
Not all Ranger Districts or Supervisors Offices have
individuals assigned to each of these positions. Occa-

sionally, employees possessing these skills may be
shared across provinces or Forests. In any case, the
local Forest Service office can direct partners to an
employee with the required knowledge and skills to
provide guidance and support when questions arise
during the process of defining a partnership project or
collaborative relationship. A list of contacts is provided
in Appendix C – Contacts and Partner Websites.

16

Partnership Guide - May 2005

IV. Field Guide to Nonprofit Organizations
Most Forest Service partnerships with non-federal
entities are with nonprofit organizations, also called
nonprofits. Familiarity with the mission, vision, and goals
of nonprofit partners is essential for developing successful partnerships that address relevant objectives. This
chapter:
• Explains what are nonprofits and how are they
organized, funded, and managed
• Describes the National Forest Foundation, a
key nonprofit partner of the Forest Service
• Describes the unique partnership between the
Forest Service and interpretive associations
There are hundreds of different types of nonprofit
organizations, and they exist for as many different
reasons. Nonprofits can be local, regional, national,
and/or international in focus. They can be organized
around and accountable to members, volunteers,
communities, or like-minded peers. Some are established to implement specific projects, while others focus
on research, policy, education, or other goals.

Structure and Management of Nonprofit
Organizations
Organization
All organizations that incorporate as nonprofit organizations exist for the public good rather than for the
financial benefit of an individual or stockholders.
Although it is legal for these organizations to make a
profit, all profits must be channeled back into the
management and implementation of the organization’s
mission. Profits cannot be used, in whole or in part, for
the benefit of private shareholders or individuals.
For an organization to incorporate as a nonprofit, it
must register with a state. Most organizations also apply
to the Internal Revenue Service (IRS) to receive the
proper federal tax-exempt designation, which allows
contributors to enjoy tax deductions according to
federal law. The most commonly known tax-exempt
designation from the IRS is 501(c)(3), although other
nonprofit designations exist.

Board of Directors
The vast majority of nonprofits are governed by a
volunteer board of directors. Board members should
have no conflict of interest with the organization, which

Qualities of Strong Nonprofit Partners
Nonprofit organizations with the following qualities
often make successful partners:
• Vision, mission, and values are clearly
articulated.
• Financial planning, practices, and policies
are sound.
• Operating reserves are appropriate for the
size of the organization.
• Internal and external communications are
effective.
• Bylaws, operational policies, and procedures are developed, reviewed for adherence, and updated as necessary.
• The board of directors is well established.
Its role is clearly defined and it is not overly
involved in day-to-day operations. Its
members have a passion for the
organization’s mission, represent members’
interests, bring expertise and special skills
needed by the organization, demonstrate
credibility, and have links to others for
funding and resource development.
• Term limits exist for board membership.
• Board member participation in board
meetings is high.
• Decisions are made openly and are well
documented.
• Staff are dedicated to the organization’s
mission and have the capabilities and skills
appropriate for their positions. Their roles
are clearly defined.
• Programs and activities are focused to carry
out the organization’s mission.
• Federal and state reporting requirements are
followed and documented.

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17

National Forest Foundation
means that the board member should have no opportunity for personal financial gain through his or her affiliation with the organization. The number of board members for each nonprofit varies greatly with different
types and sizes of organizations.
The board of directors is legally and fiscally responsible
for the organization. It plays a prominent role in strategic planning, establishing an organization’s vision and
priorities, approving annual budgets and major expenses, and fundraising. The board also hires and
evaluates the executive director or president, who is
responsible for the day-to-day management of the
organization including hiring and managing the staff as
needed to implement the organization’s mission and
strategic plan.
Involvement of Forest Service employees in nonprofits
is guided by conduct and ethics rules. For guidelines on
agency employee participation in non-federal organizations, see Chapter IX – Conduct and Ethics.

18

Fundraising
A nonprofit must raise money to carry out its work. This
money can come from many different sources, including
individuals, corporations, special events, government
contracts and grants, income from sales, and private
charitable foundations. Most small nonprofits have little
operating reserve and often exist from project to
project; many small, successful organizations effectively
and efficiently operate this way.

Established by Congress, the National Forest Foundation (NFF) is a nonprofit organization that engages
Americans in community-based and national programs
that promote the health and public enjoyment of the
192-million-acre National Forest System, and helps the
Forest Service meet its mission. The NFF accepts and
administers gifts of funds and lands for the benefit of the
National Forests. The NFF provides funding and
awards programs for community-based organizations
and other nonprofits for partnership projects that work
to meet Forest Service objectives. The NFF also
assists the Forest Service with an array of other initiatives. The National Forest Foundation is available online
(http://www.natlforests.org/).
Why the National Forest Foundation is Different
The NFF is the only conservation organization solely
focused on addressing the challenges that face the
National Forest System. The NFF believes that communities play an important role in determining the future
of America’s forest resources. The NFF builds and
fosters partnerships that catalyze forest stewardship and
restoration and engage individuals as volunteers in
conservation work, primarily on Forest Service land.
Working primarily through its three grants programs, the
NFF concentrates on on-the-ground projects and
programs that address watershed health and restoration, community-based forest stewardship, wildlife
habitat, and recreation.

Partnership Guide - May 2005

Though focused on the challenges that face the National
Forest System, the NFF believes that the care and
management of forests and watersheds should span
political and ownership boundaries. The organization
and its more than 160 partners focus on ecosystemwide results for conservation issues.
By offering matching grants to community-based groups
that engage citizens, the NFF can leverage investments
by a factor of four times and also leverage experience.
Many partner projects combine field work with youth
stewardship opportunities, engaging kids who don’t
otherwise have the chance to experience the great

outdoors. These programs help to build a future of
knowledgeable, skilled, and committed conservation
leaders.
The Forest Service is crucial to the NFF’s conservation
award programs. Every project obtains the support of
the Forest Service before the NFF approves it. Representatives from the Forest Service participate in the
review of all grant proposals. The common goal of all
NFF grant programs is to benefit the National Forest
System and to contribute to the mission of the
Forest Service.

NFF Grant Programs
•

Matching Awards Program (MAP) – Nonprofits dedicated to addressing the issues directly affecting
natural resources on and around National Forests and Grasslands can apply for MAP awards. Matching
funds assist these groups with specific on-the-ground conservation projects that address communitybased forestry, watershed health, wildlife habitat, or recreational issues. The NFF MAP currently has a
strong presence in five geographic areas (the Selway-Bitterroot of Montana and Idaho, the Southern
Appalachians, the Sierra in California, the Oregon Coast and Cascade ranges, and the central Colorado
Rockies) but supports community-based conservation groups working to support the National Forest
System across the entire country. Visit the MAP website for more information.
(http://www.natlforests.org/consp_04_map.html)

•

Community Assistance Program (CAP) – Newly forming organizations can apply for grants to be
used for a variety of basic start-up and operating costs. These costs include materials and equipment,
technical assistance, training, community outreach, obtaining 501(c)(3) status, program development,
nonprofit management skill-building, and communications. Organizations must be collaborative in nature
and engage a diverse group of participants. The NFF also provides technical assistance to help these
groups build credibility within their communities and develop the capacity to work with the Forest Service. Visit the CAP website for more information. (http://www.natlforests.org/consp_05_cap.html)

•

Wilderness Stewardship Challenge (WSC) – To celebrate the 40th anniversary of The Wilderness
Act, the Forest Service Chief issued a Wilderness Stewardship Challenge in 2004. It calls for all Wilderness Areas in the National Forest System to be managed to standard within the next decade. In support
of this effort, the NFF will provide matching grants of up to $50,000 to nonprofit partners to implement
projects that directly benefit Wilderness Areas within our National Forests System. Visit the WSC
website for more information. (http://www.natlforests.org/wilderness_stewardship_info.html)
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19

The NFF’s Other Programs
Friends of the Forest – The NFF’s Friends of the
Forest™ is a communications program to connect
people who use and are interested in National Forests
with more information about recreation, volunteering,
and conservation via a monthly e-newsletter called treemail™. Friends of the Forest is the main tool that the
NFF and the Forest Service use to build a constituency
for the Forest Service and the lands it manages. The
program informs people about the numerous resources
within and issues affecting National Forests and the
Forest Service, and empowers them to take action to
help care for the lands. To sign up for free, visit
http://www.becomeafriend.org.

20

Connecting Science to Practitioners – The NFF’s
projects rely on science that is both useful and sound.
In 2002, the NFF formed a partnership with the
National Commission on Science for Sustainable
Forestry (NCSSF) to provide practical information and
approaches that serve the needs of forest managers,
practitioners, and policymakers. The partnership
oversees a multi-year program of research, assessment,
and tool development to implement and evaluate
sustainable forestry practices in the U.S. In early 2005,
the NCSSF released a findings report based on the first
two years of its work. The 2005 report and other
practical tools can be found at NCSSF’s website.
(http://www.ncssf.org)

Conservation Award Programs
The NFF’s conservation award programs have
grown into a network of more than 160 partners
representing diverse cultures and communities
across the country. Together those partners tackle
on-the-ground conservation projects that benefit
National Forests and surrounding lands. Examples
of their successes include:
• Watershed restoration projects in the
Northwest
• Recreation and trail enhancements in
Colorado
• Development of sustainable forestry and
forest products in the Southern Appalachians
• Wildlife improvements in Montana and
Idaho
Contact information for the NFF is available on
the organization’s website.
(http://www.natlforests.org/contact_us.html)

Other Ways the NFF Helps the Forest Service
Because of its unique position as a nonprofit partner of
the Forest Service, the NFF is able to provide the
Forest Service with services essential to the agency’s
mission in a more efficient manner. These include
accepting and managing funds for events (such as the
2005 Centennial events) and soliciting and accepting
gifts of cash or funds for direct reinvestment in Forest
Service work.

Partnership Guide - May 2005

Interpretive Associations
Interpretive associations enhance the experiences of
visitors to federal public lands and support the interpretive and educational efforts of federal agencies. They
are private nonprofit organizations established under
state law that also follow applicable laws governing
federal tax-exempt 501(3)(c) organizations. Federal
land management agencies such as the Forest Service,
Bureau of Land Management (BLM) and National
Park Service (NPS) have entered into agreements with
nonprofit interpretive or cooperating associations for
more than 40 years.
Interpretive associations engage in a wide variety of
activities that include:
• Producing interpretive and educational materials
such as natural history guidebooks, and selling
interpretive, educational, and theme-related
merchandise
• Collecting and allocating donations to agency
projects
• Assisting with special events, volunteer programs, and interpretive and educational programming
• Donating materials for interpretive programs,
products, and exhibits
• Strengthening the Forest Service’s relationship
with citizens and organizations in the local
community
While the Forest Service has partnerships with a variety
of organizations, businesses, and user groups, its
relationship with interpretive associations is special. This
unique relationship is recognized in agency policy that
allows for such arrangements as having sales and office
space within agency facilities, using agency employees

to conduct interpretive association business on an
incidental basis, and providing associations with discount prices on the purchase of agency maps. The
relationship is synergistic, providing mutual benefits and
serving our National Forest System visitors. Interpretive associations support the agency’s interpretive and
educational programs and provide high quality service
to its visitors.
Currently, the Forest Service has about 60 interpretive
associations operating under Participating Agreements.
Some of these associations are large organizations that
operate in several Regions and also work with other
federal or state agencies. Other associations are small
organizations that operate locally within a single National Forest. Nationally, interpretive associations
donate about five million dollars back to the Forest
Service each year. Their in-kind contributions and
ability to strengthen and support the agency’s relationships with local communities are invaluable.
Authorities, Agreements, and Management
The Cooperative Funds and Deposit Act of 1975
(Public Law 94-148) provides the fundamental legal
authority for the Forest Service to work with Interpretive Associations. It allows the Forest Service, on behalf
of the Secretary of Agriculture, to enter into Cooperative Agreements with private organizations to develop
and publish cooperative environmental education and
forest history materials. These efforts must serve the
public interest. A mutual interest other than monetary
considerations must also exist.
The Forest Service uses a Participating Agreement
template for interpretive associations to establish or

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21

renew an agreement with an interpretive association.
The template is available to agency employees on the
Forest Service intranet (internal) Grants and Agreements website. The agreement outlines the mutual
benefits of the partnership and what each party will
contribute. It is signed by the Regional Forester and is
valid for five years. Additional information on how the
Forest Service manages interpretive associations can be
found in the Forest Service Manual 2390.
(http://www.fs.fed.us/im/directives/)
Oversight and coordination of interpretive association
operations takes place at all three organizational levels
of the Forest Service. The Interpretive Services Program Manager, who works for Recreation and Heritage
Resources in the WO, supports national activities and
works with the Association of Partners for Public Lands
(APPL). This association is the national membership
organization for all interpretive or cooperating associations that work with public land management agencies.
(http://www.appl.org)

22

Each Regional Office has an Interpretive Specialist who
serves as the Regional liaison between the agency and
interpretive associations operating in the Region.
Regional Interpretive Specialists are the technical
experts on matters pertaining to interpretive associations. They should be consulted when establishing new
interpretive associations, renewing existing agreements,
or resolving concerns about the operations or management of an existing interpretive association.

Contacts
Interpretive Services Program Manager
Recreation and Heritage Resources
USDA Forest Service Washington Office
1400 Independence Ave SW, Mailstop 1125
Washington, D.C. 20250
Phone: (202)205-1406
Fax: (202)205-1145
Forest Service Regional Interpretive Specialists:
Contact information is available on the Partnership
Resource Center website. (http://
www.partnershipresourcecenter.org/contacts/
interpretive-association-contacts.php)
Association of Partners for Public Lands
2401 Blueridge Avenue, Suite 303
Wheaton, MD 20902
Phone: (301)946-9475
Fax: (301)946-9478
Email: appl@appl.org
Website: http://www.appl.org

Forests with active interpretive associations usually
designate a Forest Coordinator. At the agency’s larger
visitor centers, the Visitor Center Director may also
work directly with the executive director of the interpretive association to coordinate and resolve day-to-day
operations.

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V. Volunteers
The American people own over a third of the United
States as public lands and are important partners in the
stewardship of these lands. Caring for these special
places – forests, grasslands, parks, wildlife refuges,
recreation areas, and cultural and historic resources –
requires the help of many dedicated citizen stewards.
Annually, over 100,000 volunteers help the Forest
Service deliver what Americans want from their public
lands – opportunities for outdoor recreation, habitat for
wildlife, and clean air and water. These partners are
performing a vital and rewarding public service.
This chapter provides information on:
• The Forest Service Volunteers Program
• Volunteer Paperwork
• Safety Issues
• Resources and Contacts

Volunteers Program
The Forest Service Volunteers Program provides
volunteers with experiences that are rewarding and
challenging, while complementing the agency’s staff in
carrying out work and providing outstanding service to
the public. There are myriad volunteer opportunities
with the Forest Service in almost all programs.

Volunteer: This is a person who gives time and
talent to advance the mission of the Forest Service. No salary or wage from the Forest Service is
received for the voluntary service.

Sponsored volunteer: This participant in the
Volunteers Program is supervised by another
institution, organization, or unit of state or local
government.

Volunteer Paperwork
Volunteer Agreements – The Forest Service completes a Volunteer Agreement with every volunteer to
document the service he or she will perform. There are
two types of Volunteer Agreements.
• Agreement for Individual Voluntary Services
(Form FS-1800-7)
• Agreement for Sponsored Voluntary Services
(Form FS-1800-8)
Both of these forms are available to Forest Service
employees on the Forest Service intranet (internal)
website.

The Volunteers Program advances affirmative action
goals and increases public awareness of equal opportunity benefits and services. It includes special programs
to encourage enrollment of under-represented populations.

Regional Foresters, Station Directors, and the Area
Director are responsible for implementing the Volunteers Program. They can delegate the authority to
negotiate and approve Volunteer Agreements to any line
officer. A volunteer may not begin work or travel until
both parties have signed the agreement.

The Volunteers Program operates across the Forest
Service and is authorized under the Volunteers in the
National Forests Act of 1972. Forest Service Manual
1830 describes agency policies for the Volunteers
Program. (http://www.fs.fed.us/im/directives/)

Volunteers cannot receive stipends or other compensation but may receive allowances for incidental expenses
such as meals, mileage, travel, and uniforms, depending
on local needs and budgets. Volunteer Agreements are
the authorizing instrument for reimbursements and

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23

should include information on incidental expenses to be
covered by the Forest Service. Agreements include a
termination date and may be amended at any time by
consent of both parties.

heavy equipment should be in good physical condition, and volunteers may be required to obtain a
medical examination at Forest Service expense.

Resources
Challenge Cost Share Agreements – The Forest
Service often enters into Challenge Cost Share Agreements with partner organizations that mobilize volunteers
for the agency. These organizations play a crucial role in
recruiting and training volunteers groups such as students
and seniors. Challenge Cost Share Agreements allow the
Forest Service to reimburse organizations for the cost of
their materials and/or labor. If a project uses a Challenge
Cost Share Agreement, each individual volunteer still must
complete a Volunteer Agreement. Chapter VI – Grants
and Agreements – provides more information about
Challenge Cost Share Agreements.

Safety Issues

24

For safety purposes, a volunteer is treated like a federal
employee. The standards that govern worker safety apply
to all volunteer activities. If a volunteer is injured while
performing work for the Forest Service, he or she may
receive compensation for work injuries as entitled under
the Tort Claims Act and Federal Employees Compensation Act.
Volunteering with the Forest Service often involves
physically demanding work, and sometimes includes
working with heavy equipment such as chain saws.
Volunteers receive safety training, including specific
instruction and testing on any tools and equipment they
will use, before going to work. Anyone working with

The NFF’s Friends of the Forest™ is a communications program to connect people who use and are
interested in National Forests with more information
about recreation, volunteering, and conservation via a
monthly e-newsletter called tree-mail™. Volunteer
opportunities are posted in each issue and will eventually be posted on a permanent section of the Friends
of the Forest website. To sign up for free, visit
http://www.becomeafriend.org.
Interested individuals can also fill out a Volunteer
Application for Natural Resource Agencies online
(https://www.volunteer.gov/gov/
uiapply.cfm?ID=2997&agency=NPS). This form
assists agencies in recruiting, placing, and training
volunteers.
Managing Volunteers: A Field Guide for USDA
Forest Service Volunteer Coordinators is a comprehensive guidebook from the Pacific Northwest that
provides “nuts and bolts” information for Forest
Service staff who work with volunteers. The guidebook includes information on recruiting, training,
supervising, and recognizing volunteers; requirements
for record-keeping; and examples of forms and
agreements. It is available under “Resources” at:
http://www.partnershipresourcecenter.org/resources/
volunteers/index.php.

Partnership Guide - May 2005

Lists of volunteer candidates and positions, whether at a
local, regional, or national level, are very helpful both
for recruiting potential volunteers and for finding out
about volunteer opportunities. Two national level
databases that provide volunteer placement for public
lands agencies, including the Forest Service, are:
• Take Pride in America (http://
www.takepride.gov/default.cfm) – This program seeks, supports, and recognizes volunteers who work to improve the nation’s public
lands. Take Pride involves federal, state, and
local governments; conservation, youth, and
recreation groups; and national corporations
and organizations. The Take Pride website
offers resources for volunteers and connects
volunteers with service opportunities. Take
Pride is the public lands branch of the USA
Freedom Corps
(http://www.usafreedomcorps.gov/).
• Volunteer.gov/gov (http://www.volunteer.gov/
Gov/) – This easy-to-use portal provides
information about public sector volunteer
opportunities. Users can search for opportunities by keyword, state, activity, partner, and
date. Volunteer.gov/gov, part of the USA
Freedom Corps Network, is a partnership
between the U.S. Department of Agriculture,
other state and federal agencies, and the
Corporation for National and Community
Service (http://www.nationalservice.org/).

Other volunteer lists include:
• American Hiking Society’s “Get Outside”
directory (http://www.americanhiking.org/
events/)
• AARP’s Community Service Programs
(http://www.aarp.org/volunteer/)
• “Volunteer Opportunities” website for the
Forest Service’s Intermountain Region (http://
www.fs.fed.us/r4/volunteering/index.shtml)
Other effective ways to recruit volunteers or find out
about service positions include internet links to partnerships, interagency e-mails, volunteer displays at visitor
centers, and adopt-a- programs.
The online Partnership Resource Center has additional
resources for volunteers and Forest Service employees
who work with volunteers
(http://www.partnershipresourcecenter.org/resources/
volunteers/index.php).

Contacts
There are Volunteer Coordinators in each
Region, Research Station, and Forest Service
office. For more information about volunteer
programs, contact the Volunteer Coordinator in
your Region or your nearest Forest Service
office. A list of Volunteer Coordinators is available at (http://
www.partnershipresourcecenter.org/contacts/
volunteer-contacts.php).

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25

VI. Grants and Agreements
The Forest Service uses many different types of grants,
agreements, and contracts to document work with
others. Each of these instruments is available to the
Forest Service under a legal authority from Congress,
and each comes with its own set of requirements. The
appropriate instrument depends primarily on what the
partnership will accomplish, who will benefit, and who
is providing funding.

26

This chapter provides an introduction to commonly
used grants and agreements. Contracts are discussed in
Chapter VII – Contracting with Partners. Users who
are ready to document their partnership should work
with the appropriate Forest Service personnel and
consult the sources of guidance listed at the end of this
chapter as needed. This chapter:
• Provides overviews of the most common mutual
benefit agreements
• Explains how the Forest Service uses Federal
Financial Assistance, which includes grants and
Cooperative Agreements
• Describes other types of agreements that do not
fall under mutual benefit agreements or Federal
Financial Assistance
• Provides a decision tree to guide users to the
right instrument and provides references to
more detailed resources, including many
instrument templates
This chapter frequently references relevant sections of
the Forest Service Handbook (FSH) and Forest
Service Manual (FSM). These documents are available
on the Forest Service website (http://www.fs.fed.us/im/
directives/).

Cooperative agreement: This term is often
used in a general sense to refer to all agreements
with partners. This use of the term can generate
confusion since there is a specific type of agreement
called a Cooperative Agreement. The “Federal
Financial Assistance and Contracts” section in this
chapter describes this specific agreement.

Authorities for Agreements
The federal government, including the Forest
Service, is authorized under several laws to work
with partners to carry out projects. In addition,
there are laws unique to the Forest Service – and
even to certain branches of the Forest Service –
that provide additional authorities and instruments
for working in partnership and collaboration with
communities, individuals, and organizations.

Mutual Benefit Agreements
Agreements developed and awarded for mutual benefit
are considered formal partnership agreements. Inherent
in the requirement of mutual benefit is that both the
Forest Service and the partner will contribute toward
the shared goals, and both will benefit. Contributions
may include cash and/or in-kind services. Some of the
most commonly used mutual benefit agreements include:
• Challenge Cost Share Agreement
• Participating Agreement
• Watershed Restoration and Enhancement
Agreement (Wyden Amendment)
Challenge Cost Share Agreements
The Interior and Related Agencies Appropriations Act
of 1992 (Public Law 102-154) authorizes the Forest
Service to cooperate with other parties to develop,
plan, and implement projects that are mutually beneficial
to all parties and enhance Forest Service activities. This
includes financing projects with matching funds from
partners including public and private agencies, organizations, institutions, and/or individuals.
Agency policy for using this authority is described in
FSM 1587.12 and FSH 1509.11 (Chapter 60).

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Requirements in Challenge Cost Share Agreements
include:
• Forest Service expenditures are commensurate
with the value received.
• The Forest Service may reimburse a partner for
part of the actual costs of materials and/or
labor. Reimbursement cannot be based on
value, but must be the actual costs incurred in
support of the project.
• No advance payments are allowed.
• Forest Service funds appropriated from Congress cannot be used for improvements on nonfederal lands.
• The match can be cash, real or personal
property, services, and/or in-kind contributions.
• Financial plans are required prior to start of
work.
• Income resulting from the project must be
shown on a financial plan.
• Modifications do not need to retain the cost
share ratio, but do need to be commensurate
with the level of effort or funding provided.
• FederalAcquisition Regulations might apply.
Participating Agreements
The Cooperative Funds and Deposits Act of 1975 (16
United States Code (USC) 565a1-a3, Public Law 94148) authorizes the Forest Service to enter into cooperatively-performed, mutually beneficial projects with
public and private agencies, organizations, institutions,
or persons in four specific areas:
• Cooperative Pollution Abatement – Authorizes cooperative construction, operation, and
maintenance of facilities related to pollution
abatement such as sanitary landfills, garbage
burn plants, recycling facilities, and water and
sewer systems. A partner’s facilities may be
constructed on Forest Service land with a
special use permit or easements, or on the
partner’s land. The partner holds title to the
facility and the Forest Service has the right to
use the facility.

• Cooperative Manpower, Job Training, and
Development Programs – Authorizes the
Forest Service to cooperate with other parties
to do projects benefiting Forest Service programs where the primary purpose is to provide
a work environment, host trainees in order to
accomplish the goals of others, and offer job
training programs. The use of this instrument is
only appropriate when partners have specific
job training programs currently in place and all
parties agree to share in the costs.
• Cooperative Environmental Education and
Forest History Materials – Authorizes the
Forest Service to cooperate with others in the
development and publication of environmental
education and forest history materials. These
can include books, pamphlets, brochures, and
audiovisual productions. The Act prohibits
cooperative publication of maps.
• Forestry Protection – Work can include fire
prevention, fuels management, insect and
disease control, noxious weed control, tree
planting and seeding, erosion control, abandoned mine reclamation, land restoration,
hazardous material identification, water testing
and protection, and air pollution abatement.
Prohibited activities include all protection and
maintenance work such as for roads and trails,
recreation sites and facilities, fish and wildlife,
rangelands, and work in a non-forest environment (warehouses, shops, and offices).

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27

28

Agency policy for using this authority is described in
FSM 1587.11 and FSH 1509.11 (Chapter 60).
Participating Agreement requirements include:
• The Forest Service may provide reimbursable
or advance payments.
• Modifications do not need to retain the cost
share ratio, but do need to be commensurate
with the level of effort or funding provided.
• Federal Acquisition Regulations might apply.
• Tort liability may be conveyed to partners.
• The match can be cash, real or personal
property, services, and/or in-kind contributions.
• The Forest Service may reimburse partners
for part of the actual costs of materials and/or
labor. Reimbursement cannot be based on
value, but must be the actual costs incurred in
support of the project.
• A dollar-for-dollar match is not required.
• Financial plans are required prior to starting
work.
• Funds may be used for printing under certain
conditions. The Agreements Desk Guide,
available on the Forest Service’s Acquisition
Management website, provides more detail
on partnership publications
(http://www.fs.fed.us/business/).

Watershed Restoration and Enhancement Agreements (Wyden Amendment)
In 1998, U.S. Senator Ron Wyden added an amendment to a Senate appropriations bill allowing Forest
Service money to be spent on non-federal lands as long
as the projects benefit the fish, wildlife, and other
resources on National Forest lands within an affected
watershed (Public Law 105-277, Section 323). This
law allows the Forest Service to partner with other
entities for projects that benefit resources on both
public and private lands. The project’s goals must be to
restore and enhance watersheds. Benefits can include:
• Improving, maintaining, or protecting ecosystem
conditions through collaborative administration
and/or implementation of projects
• Improving collaborative efforts across all
ownerships, including efforts on lands that are
not adjacent to Forest Service lands
Increasing operational effectiveness and efficiency
through the coordination of efforts, services, and
products.

Partnership Guide - May 2005

Using the Wyden Amendment to
Work on Non-Federal Lands
Shortly after passage of the Wyden Amendment,
the Rogue River National Forest entered into a
Cooperative Agreement with the City of Ashland
in Oregon to restore two sections of the Ashland
Municipal Watershed damaged by landslides
during the 1997 New Year’s flood. Using this
federal authority, the Rogue River National
Forest was the first Pacific Northwest National
Forest to step off its own property to help restore
a watershed.
The National Forest contributed $5,000 to repair
the landslide. The partnership was formalized
using a cooperative Watershed Restoration and
Enhancement Agreement between the City of
Ashland and the Forest Service. Paula Brown,
Ashland’s Public Works Director, noted in their
local newspaper, “Although the Forest Service is
taking the lead in the restoration project, the city
will benefit from it. It’s really a partnership, and
we’re greatly appreciative.” The Rogue River
National Forest’s restoration coordinator added
that the ability to work on non-federal lands
benefited both the Forest Service by helping to
meet their forest restoration goals, and the
watershed as a whole. In essence, this was the
goal behind the Wyden Amendment.
Other types of projects on non-Forest Service
land that would qualify for federal money under
the Wyden Amendment include in-stream restoration work and the clearing of fire-prone brush
adjacent to National Forest lands.

Specific agreement requirements include:
• Authority is available through Fiscal Year 2005.
• The Forest Service can use Federal Financial
Assistance, mutual benefit, or other agreement
instruments.
• There is no specific Wyden appropriation.
Funds must be available within existing appropriations such as wildlife funds for wildlife
projects.
• There is no requirement for partners to provide
matching funds or in-kind contributions.
• Agreement terms must protect public investment on non-federal lands.
• All federal, state, and local laws and regulations
must be followed.
• Liability and long-term maintenance responsibilities need to be addressed.

Forest Service Short Form 1580-1
Reduces Paperwork for Some
Agreements
This optional form may be used in lieu of a
narrative format for Challenge Cost Share,
Participating, and Watershed Restoration and
Enhancement (Wyden) Agreements. Mandatory
provisions are incorporated by reference on the
form.Attachments should include the responsibilities of each partner, a detailed financial plan, and
any other information relevant to the agreement. A
template for this form, along with templates for
other common instruments, is available through
the online Partnership Resource Center
(http://www.partnershipresourcecenter.org/
resources/tools/templates/index.php).

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29

Federal Financial Assistance
and Contracts
The Federal Grant and Cooperative Agreement Act of
1977 (31 USC 6301-6309) requires that federal
agencies characterize the relationship between a federal
and a non-federal party as one of either a procurement
or of Federal Financial Assistance. Certain transactions, such as those discussed in the previous section on
mutual benefit agreements, are exempt from or not
covered by this Act.

30

For all other transactions, the Act provides guidance for
determining which contract, grant, or cooperative
agreement is appropriate.
• Procurement Contract – A contract is appropriate when the intention is to acquire goods or
services for the direct benefit of the Forest
Service. These transactions are governed by the
Federal Acquisition Regulations that require
competitive procedures. There are many
situations where a simple purchase without a
contract may be less complicated and more
appropriate. Contracts are discussed in Chapter VII – Contracting with Partners.
• Federal Financial Assistance – Grants and
Cooperative Agreements are available to
stimulate or support the activities of non-federal
organizations for a public purpose. They are not
intended to provide a deliverable for direct
Forest Service benefit.
o Grant – Appropriate when no substantial involvement is expected between
the Forest Service and the recipient.
o Cooperative Agreement – Appropriate
when substantial involvement is
expected between the Forest Service
and the recipient.

What is “Substantial Involvement”?
A Cooperative Agreement is the correct Federal
Financial Assistance instrument for documenting a
project if Forest Service personnel are substantially involved. The Forest Service is substantially
involved when it:
• Reviews and approves one stage of work
before the next stage can begin
• Reviews and approves proposed subgrants and contracts, in excess of those
authorized by Title 7, Code of Federal
Regulations, Sections 3016 and 3019,
prior to the award
• Helps select key recipient personnel
• Participates and collaborates jointly in the
project with the recipient
• Directs or redirects the work because of
interrelationships with other projects
A statement outlining the specific activities that
comprise substantial involvement should be
developed as part of the Cooperative Agreement.
Normal oversight and review processes (including
intervention to correct deficiencies in performance) are not considered to be substantial
involvement.

Partnership Guide - May 2005

Other Types of Agreements
The Forest Service uses a variety of other agreement
instruments that do not fall under mutual benefit agreements, contracts, or Federal Financial Assistance.
Memorandum of Understanding (MOU)
A Memorandum of Understanding is a written plan
between the Forest Service and other parties for
carrying out separate activities in a coordinated and
mutually beneficial manner. It also documents the

framework for cooperation. An MOU is used in
situations where nothing of value will be exchanged
between the Forest Service and partners but there is a
need to formally document the relationship.
An MOU is a nonbonding document, so any party can
choose to not participate at any time. This type of
agreement is particularly useful for interagency and
government-to-government relationships. Under an

Choosing the Appropriate Instrument – The National Wildland/Urban
Interface Fire Program
In 1986, the National Fire Protection Association (NFPA) (http://www.nfpa.org) and the Forest Service
entered into a Cooperative Agreement to reduce the nation’s wildfire losses by developing and implementing
fire protection and prevention programs. The agreement established the National Wildland/Urban Interface
Fire Program (WUI Fire Program), sponsored by the Forest Service, U.S. Department of the Interior, the
National Association of State Foresters, the Department of Homeland Security/U.S. Fire Administration, and
NFPA. This Cooperative Agreement was recently renewed.
The Forest Service and other federal partners provide financial and technical assistance to NFPA to carry out
the work of the WUI Fire Program. This work includes cooperative development of fire analysis, protection,
and prevention programs; publication of research findings; and dissemination of information. An interagency
team of representatives from the partner agencies and other organizations provide direction and oversight for
program activities.
This partnership is formalized through a Cooperative Agreement. In choosing this instrument, Forest Service
Grants and Agreements Specialists went through the following steps to answer two main questions: who
receives the benefit of the project, and is the Forest Service substantially involved?
First, they determined that the primary benefit of the work project is to the recipient – in this case, NFPA.
NFPA created and manages the Firewise program that helps private landowners achieve a high level of
protection against wildland/urban interface fire as well as a sustainable ecosystem balance. Secondarily, the
agreement helps spread the Forest Service fire prevention message. Because the primary benefit is to NFPA,
the appropriate instrument is Federal Financial Assistance, either in the form of a grant or a Cooperative
Agreement.
Second, to determine whether to use a grant or a Cooperative Agreement, Grants and Agreements Specialists
assessed the level of Forest Service involvement in the project. In this case the Forest Service is substantially
involved by providing direction and oversight as part of the interagency team, so the appropriate instrument is
a Cooperative Agreement.
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31

MOU, each party directs its own activities and uses its
own resources. There are no specific legislative authorities for MOUs.
MOUs can:
• Document relationships and/or coordinated
efforts
• Involve partners such as federal, state, and local
governments; educational institutions; private,
for-profit, and nonprofit organizations; individuals; and foreign agencies and organizations.
MOUs cannot:
• Obligate or fund projects
• Exchange funds, property, services, or anything
of value
• Involve work that is not authorized by

legislation

32

MOU in Action: Poarch Creek
Indian Plant Production Center
Restoration of the long-leaf pine ecosystem is an
important goal for the Poarch Band Creek
Indians (PBCI) in southern Alabama. The longleaf pine (which currently occupies just 5% of its
original range) provides high quality wood
products as well as materials for traditional uses.
It is also resistant to fire, insects, and disease.
Although regeneration has proved difficult in the
past, growing seedlings in containers has become
a viable restoration technique within the last
decade.
The PBCI had the resources to build a small
production and training facility, but needed
technical support for growing seedlings. The
PBCI and the Forest Service agreed to a
Memorandum of Understanding that provided
for a joint commitment to the project. The Forest
Service would provide the expertise needed to
develop a container plant production center and
teach tribal members about growing long-leaf
pine seedlings and other native plants with
commercial and cultural interest. All Forest
Service contributions were in-kind technical
services, rather than cash outlays. The Tribe
provided the financial resources for facility
development and management.
This MOU allowed the Forest Service to
achieve several objectives: build capacity of
landowners to restore cutover lands to a more
productive condition, transfer research findings
to others, and assist American Indian tribes to
develop the means to improve land stewardship.
The PBCI was able to advance restoration
efforts on their lands, develop in-house capabilities of seedling and native plant product, and
assure the success of investing in a plant production facility.

Partnership Guide - May 2005

Collection Agreements
The Forest Service uses a Collection Agreement to
accept money, equipment, property, or products from a
non-federal entity to carry out a purpose authorized by
law. Collection Agreements may involve either advances
or reimbursements.
As a federal agency, the Forest Service must have
legislative authority to accept funding from non-Forest
Service entities. Two commonly used authorities for
Collection Agreements are:
• Cooperative Funds Act of June 30, 1914
• Granger-Thye Act of April 24, 1950
Cooperative Funds Act of June 30, 1914 (16 USC
498) – This law authorizes the Forest Service to collect
funds from partners to perform work that is the responsibility of the Forest Service. Agency policy for using
this authority is described in FSM 1584.11. Principle
aspects of the Act include:
• The Forest Service can accept cash, checks, or
money orders only.
• Funds can be cash advances or reimbursements.
• The work to be done is the responsibility of the
Forest Service, and must be on Forest Service
land.
• Contributions must be voluntary.
• The Forest Service collects costs unless they
are waived. (For more information on indirect
cost assessments, see Chapter VIII – Common
Challenges for Partnerships.)
• There must be no conflict of interest, or appearance of conflict of interest.
• The Forest Service cannot accept funds that are
dependent upon an endorsement of firms or
products.

The following types of projects, when the responsibility
of the Forest Service, are examples of work that can be
conducted through a Collection Agreement under the
Cooperative Funds Act:
• Construction and maintenance of National
Forest improvements such as trails and signs
• Protection of National Forests from fire,
insects, disease, etc.
• Management activities such as planning, analysis, and studies related to resource activities
Granger-Thye Act of April 24, 1950 (16 USC 572)–
This law authorizes the Forest Service to collect funds
from partners to perform work that is the responsibility
of the partner. Agency policy for using this authority is
described in FSM 1584.12. Principle aspects of the
Act include:
• Full costs, including indirect costs, must be
collected in advance for work to be performed.
• Work is the responsibility of the partner, and it
may be on or off Forest Service lands.
• Work must result in public benefit.
• Contributed funds must be voluntary.
• The Forest Service cannot accept funds that are
dependent upon an endorsement of firms or
products.
• Indirect costs cannot be waived.
• The Forest Service holds no liability for damage.
• The authority does not allow for the Forest
Service to accept services.
The following types of projects, when the responsibility
of the partner, are examples of work that can be
conducted through a Collection Agreement under the
Granger-Thye Act:
• Land exchange survey
• Biological evaluations
• Cultural resource surveys
• Concessionaires

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33

Interagency Agreement
This instrument should be used when one federal
agency is in a position to provide materials, supplies,
equipment, work, or services of any kind that another
agency needs to accomplish its mission. The Economy
Act of 1932 (31 USC 1535, Public Law 97-258 and
98-216) is the most commonly used authority for
Interagency Agreements.

34

Agency policy for Interagency Agreements is described
in FSM 1585.12. The general requirements for these
agreements include:
• The performing agency recovers full direct and
indirect costs of the work.
• A written justification must be submitted to an
authorized contracting officer to document that
the procurement is more economical than
buying from a commercial source. Based on the
justification, the contracting officer completes a
written determination, called an Economy Act
Justification and Determination, to approve the
procurement. An authorized person must also
certify that funds are available.
• Payment can be either reimbursement or cash
advance.
• Allowable formats include: standard narrative
template, Forest Service Form AD-672 (for
straightforward projects), or other agency’s
formats.
• The Forest Service cannot provide funding to
another federal agency to accomplish the
function of that federal agency, as that would
constitute an augmentation of their appropriations.
• When doing an Interagency Agreement with
another federal agency, the performing federal
agency must request reimbursable authority
from the Office of Management and Budget
(OMB) on an annual basis.

This authority cannot be used with tribal governments
because they are sovereign nations, not federal agencies. It is possible to enter into an Economy Act agreement with the Bureau of Indian Affairs who in turn can
subcontract the work to a tribal government.
Less Common Agreements
The Office of Management and Budget (OMB) has
authorized certain exemptions to the Federal Grants and
Cooperative Agreements Act of 1977. Examples of
these exempted agreements are:
• Law Enforcement Agreements
• Forest Road Agreements
• Fire Protection Agreements

Guidance and Resources
The following three questions, along with the flowchart
at the end of this section, can serve as general guides
for identifying the right instrument:
• Is there a product or service to be delivered?
• Who is providing the funding?
• Who directly benefits from the work and needs
the work done?
However, it is important to keep in mind that the
requirements for different instruments are very specific,
and the information in this chapter is only an overview.
For more comprehensive guidance, users should consult
the following resources:
• Forest Service Grants and Agreements
Specialists – Involving these personnel early in the
process of developing a formalized partnership
agreement will assure that partnerships get started
on the right track. Contact information for Grants
and Agreements Specialists is available online at the
Forest Service’s website for Acquisition Management (http://www.fs.fed.us/business/).

Partnership Guide - May 2005

• Templates – Templates for common Forest
Service agreement instruments are available
through the online Partnership Resource Center
(http://www.partnershipresourcecenter.org/
resources/tools/templates/index.php).
• Forest Service Manual 1580 – FSM 1580
establishes Forest Service direction on the use of
Federal Financial Assistance (grants and cooperative agreements) and other agreements. It includes
a detailed discussion of partnerships and agreements. It is available online (http://www.fs.fed.us/
im/directives/).

• Forest Service Agreements Desk Guide – The
Desk Guide is a reference tool to help Forest
Service employees who engage in partnerships
understand what is possible within the available
authorities. The Desk Guide is available online
(http://www.fs.fed.us/business/).
Authorities – Asummary of legislative authorities
for the Forest Service is available in Appendix
F – Statutory Authorities.

35

Partnership Guide - May 2005

Decision Tree to Determine the Appropriate Instrument for a Partnership
The decision tree below provides basic guidance for choosing partnership instruments. Appendix B – Glossary of
Terms – defines terms used in this chart.

Agreement includes an exchange
or expenditure of something of value.
(For example funds,
resources or services)

NO

Memorandum of
Understanding
YES
YES

There is a mutual
non-monetary benefit and
we are sharing costs.

We buy goods or
services and pay
100% of the costs

YES

YES

With another federal
agency use an
Interagency Agreement1

36

Challenge
Cost-Share2

NO

Cost Reimbursable
Agreement5

Participating
Agreement3

Joint Venture
Agreement4

Notes
1: Agreement can include funds to another agency or another agency providing funds to the Forest Service.
Use procurement with any other entity besides federal agency.
2: No set percentage of cost-share; activity must be part of Forest Service mission.
3: Specifically for pollution abatement, manpower/ job training, publication of forest history materials, or
forest protection. No specified cost-share.
Partnership Guide - May 2005

YES

YES

We are supporting a
nonfederal entity in
performing a public good.
(S&PF, RES)
YES

Federal Financial
Assistance use a Grant or
Cooperative Agreement

YES

The funds are coming to
the Forest Service from a
nonfederal entity
YES

Collection
Agreement6

The agreement deals
with law enforcement,
fire protection, or
road projects
YES

Law Enforcement
Agreement

Fire Protection
Agreement

Road Agreement

Notes
4: Cooperator must contribute at least 20% of total cost, activities must include agriculture teaching activities
at institution of higher education.
5: Forest Service buying goods/services from a State Cooperative Institution of higher education. Services or
goods available in-house for agriculture teaching activities.
6: There must be no conflict of interest; a signed agreement and apportionment authority is needed prior to
starting work.
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37

VII. Contracting with Partners

Contracting with Nonprofits and

Community-Based Organizations

38

Contracts can offer unique opportunities to build the
skills and capacity of local organizations and tribes
while accomplishing important conservation work on
the ground. They also help improve the Forest Service’s
involvement in local economies and communities.
Contracts are used to procure goods and services and
are not legally defined as partnerships.

The classification of the partner organization is an
important factor for contracts. The federal government
cannot enter into contracts with organizations that are
loosely formed and have no official structure or legal
status. Nonprofits and community-based organizations
must have an official sanction, usually 501(c)(3) status,
to be eligible for contracts.

In many cases, though, contracts are appropriate for
working with nonprofits, community-based organizations, and tribal entities. In other cases, agreements or
grants should be used. More information on these
instruments is provided in Chapter VI – Grants and
Agreements. Whether a partnership will include contracts, grants, or agreements, local Forest Service
acquisition management personnel should be involved
prior to making commitments with potential partners.

Certified small businesses receive the majority of the
Forest Service’s contracts (solicitations) for goods and
services. By definition, nonprofits and community-based
organizations are not small businesses. Regardless of
size, they are legally considered to be the same as large
businesses and are treated like universities and large
corporations for contracting purposes. For the Forest
Service to solicit goods or services from a nonprofit or
community-based organization, it must first determine
that the goods or services cannot be supplied by any
small business.

This chapter provides information to help users understand:
• Contracting with nonprofits and communitybased organizations
• Contracting with tribal entities, and specifically
tribal governments and Native American forprofit companies and contractors
• The Tribal Forest Protection Act of 2004

Building capacity: Increasing the knowledge, skills, or ability to accomplish work. This
can happen by acquiring or sharing:
• Resources, such as equipment or materials
• Funding
• People through their knowledge, skills,
and expertise

For organizations and projects that meet the qualifications described above, the following contracting opportunities are available:
• Micro-purchasing – Any procurement less
than $2,500 is not subject to the small business
set-aside. These awards can be given directly
to nonprofit or community-based organizations.
No competitive bidding is required. A project,
however, cannot be split into a series of small
tasks for the sole purpose of staying below the
$2,500 threshold.
• Simplified Acquisition Less Than $25,000 –
If a contracting officer can make a case that
there are no small businesses that offer the
particular good or service needed, then quotes
can be taken from nonprofits and/or community-based organizations. Competitive bidding
can be limited to three offers and can be kept
local.

Partnership Guide - May 2005

• Simplified Acquisition Over $25,000 but
Under $100,000 – Again, if a determination is
made that no small businesses can offer the
particular good or service needed, then competitive bidding is open to everyone. An announcement has to be made in Federal Business
Opportunities, also known as FedBizOps
(http://www.fedbizopps.gov/).
• Sole Source Determinations – A sole source
determination means that there is no business or
organization that has the capacity and qualifications to provide the good or service in question
except for the specific organization identified. If
a sole source determination is made, the Forest
Service can contract directly with the identified
nonprofit or community-based organization.
This determination is made by the contracting
officer and is based on unique characteristics
that an entity brings to a project that no other
organization possesses.
• General Services Administration (GSA)
Schedule – There are several GSA schedules
for consulting services for which nonprofits or
community-based organizations might qualify. A
specific GSA schedule that may lend itself to
these types of organizations is Federal Supply
Schedule 874, Management, Organizational,
and Business Improvement Services. More
information is available at the GSA website
(http://www.gsa.gov/).
• National Fire Plan – Within the National Fire
Plan legislation, there is an exemption to the
Small BusinessAct and Federal Acquisition
Streamlining Act which makes it easier to
contract with local nonprofit entities as well as
other organizations. The Forest Service cannot
“sole source” contract with nonprofits, but
some contracting opportunities are allowed
which were not previously available for projects
funded under Title II of the National Fire Plan.

•

Stewardship Contracting – These contracts
are for projects that meet community needs and
have Forest Service land management objectives. Stewardship contracting is a tool that
provides the Forest Service and the Bureau of
Land Management (BLM) with increased
flexibility to contract for treatments that improve forest or rangeland health, restore water
quality, improve fish and wildlife habitat, or
reduce hazardous fuels. Successful stewardship
contracting is built on good collaboration
involving a diverse group of community members and individuals representing communitybased groups, interest groups, and public
agencies.
o The Forest Service Stewardship
Contracting website (http://
www.fs.fed.us/forestmanagement/
projects/stewardship/index.shtml)
provides detailed information on the
authorizing legislation, specific types of
stewardship contracts, who to contact
for more information, reports and
reviews of the program’s progress,
lessons learned about collaboration,
and success stories. In addition, the
website provides guidance to field-level
employees on how to effectively use
stewardship contracts.
o Additional information is available
through the Red Lodge Clearinghouse
(http://www.redlodgeclearinghouse.org/
legislation/stewardship.html) and the
Pinchot Institute
(http://www.pinchot.org/community/
stewardship_contracting.htm).

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39

Contracting with Tribal Entities
The Forest Service is committed to strengthening its
working relationships with American Indian and Alaska
Native tribes. Many options are available for partnerships between the Forest Service and tribal entities such
as tribal governments, Native American-owned businesses, and Native American contractors. Coordination
with local Forest Service acquisitions management
personnel is essential for understanding the opportunities and the limitations involved.

Unique Relationship with Tribes
The Forest Service and other federal agencies
maintain a government-to-government relationship with American Indian and Alaska Native
tribes. The federal government has a trust
responsibility which relies on direct consultation between agencies and tribes on policies
and actions that may affect treaty or other
rights and interests or traditional tribal cultural
values and practices.

40

The Forest Service may enter into agreements, grants,
or contracts with tribes, just as it can with other organizations or agencies. However, it is important to remember that any partnerships or collaborative processes that
engage tribes are always conducted in addition to the
separate process of consultation between the agency
and the tribe. When a tribe joins a partnership or
collaborative process with other partners, it still maintains a separate governmental relationship with the
Forest Service. If a project or proposal may affect one
or more tribes, the federal agency should initiate consultation with each tribe early in the process. It is important
for members participating in a collaborative process or
partnership to understand and respect this unique
relationship that all federal agencies have with tribes.

nonprofit partners, the Forest Service has access to
other approaches in working with tribal entities on
projects that assist in building capacity. Other options,
depending on the type of project and resources available, include Memoranda of Understanding, Cost Share
Agreements, or other types of formalized agreements
(see Chapter VI – Grants and Agreements). In addition,
various State and Private Forestry programs (for
example, Economic Action Programs) target tribal
entities eligible for Federal Assistance grants. Aggressively pursuing contracting opportunities with tribal
entities is one way to foster professional relationships,
while at the same time developing contracting capacity
in rural areas.
Options for Contracting with Tribal Governments
Tribal governments are considered the same as state
governments or sovereign nations for the purposes of
contracting with the federal government under the
Federal Acquisition Regulations (FAR). Options now
available to the Forest Service are:
• Micro-purchasing – Purchases under $2,500
can be awarded to any entity, including forprofit, nonprofit, large business, small business,
or tribal governments. No competitive bidding
is required. However, a project cannot be split
up into a series of small tasks for the sole
purpose of staying below the $2,500 threshold.
• Sole Source Determination – If a Contracting Officer determines that a tribal government
is uniquely qualified and the only source for the
goods or services, then a sole source contract
may be negotiated. An example of this might be
a cultural heritage project.

The following discussion is limited to contracting
(solicitation) possibilities with tribal entities. As with
Partnership Guide - May 2005

• FAR 17.504, Economy Act – This Act allows
federal agencies to contract with other federal
agencies for goods and services. This would
allow the Forest Service to enter into an
Economy Act contract (agreement) with the
Bureau of Indian Affairs (BIA) who, in turn, can
subcontract work directly with a tribal entity.
The disadvantages are that the Forest Service
will:
o Be assessed a cost by BIA for its
intermediary role.
o Not have a signed agreement with the
actual party doing the work – the tribe
itself.
Wyden Amendment – This authority allows for
single source contracts on a case-by-case basis
for projects that enhance, protect, and/or
restore resources within watersheds that include
or impact Forest Service land. Although not a
specific contracting mechanism, this amendment
provides flexibility and the authority for the
Forest Service to work with partners on
specific watershed projects. For more discussion on the Wyden Amendment, see Chapter
VI – Grants and Agreements.

Contracting with Native American For-profit
Companies and Contractors
Native American for-profit organizations have the same
access to federal contracts as any other entity. The
following are some areas where there may be some
flexibility in setting aside projects for tribal for-profit
companies.
• Micro-purchasing – Same as above.
• Simplified Acquisitions Under $25,000 –
These acquisitions generally need three quotes.
It is permissible to request that Native American
firm(s) certified as small businesses be solicited
for at least one of these quotes. Additionally,
awards can be made based on oral quotes if the
project is well defined.
• Small Business Set-Asides – The Forest
Service sets aside most of its contracts for small
businesses certified by the Small Business
Administration (SBA). In addition, if an entity is
certified and listed on the Central Contractor
Registration (CCR) website, there are ways to
further target the competition to specific areas.
CCR is the government source for vendors that
are certified in the SBA 8(a) Business Development Program, HUBZone Empowerment
Contracting Program, and Small Disadvantaged
Business Program. For more information, go to:
http://www.ccr.gov and click the “Dynamic
Small Business Search” button.
• SBA HUBZone Set-Asides – If a contractor
is SBA-certified in a Historically Underutilized
Business Zone (HUB Zone) program, there are
opportunities for limiting the competition to
smaller geographic areas. Federally recognized
Indian reservations are considered HUB Zones.
More information is available by calling the
SBA Answer Desk at (800)U-ASK-SBA or
online.(https://eweb1.sba.gov/hubzone/internet/

Partnership Guide - May 2005

41

•

42

SBA 8(a) – If a tribally-owned business or
contractor is certified as SBA 8(a), then any
federal agency can contract non-competitively
with them. Sole source contracts can be
awarded up to the $3,000,000 threshold.
Additional information can be found by calling
SBA at (800)U-ASK-SBA or online.
(http://www.sba.gov/8abd/)
• USDA “Bringing Rural America Venture
Opportunities” Program – This USDA
program is designed to advance the economic
prosperity of entire rural communities by helping
tribal and other rural small businesses build
competitive enterprises. To qualify for the
program, the contractor has to be SBA 8(a)certified. Additional information is available
online. (http://www.usda.gov/da/smallbus/
bravofact.htm)
• General Services Administration (GSA)
Federal Supply Schedules – Once awarded a
GSA contract, competition can be limited to
only those companies having specific qualifications that match a federal agency’s needs.
Because most of the schedules are open, tribal
entities can apply at any time. One specific
schedule that the Forest Service may use more
frequently than others is Schedule 899, Environmental Services. For additional information,
visit: http://www.gsa.gov and click on the
“Services” link.
• Indian Incentive Program – This program
provides an incentive to contractors who use
Native American organizations and Indian
Owned Economic Enterprises as subcontractors. This clause can be made part of any
contract if the Contracting Officer determines
that there are subcontracting opportunities for
Native American-owned companies.

(http://www.acq.osd.mil/sadbu/programs/iip/
index.htm)
• Sole Source Determination – Same as above
regarding contracts with tribal governments.
Any sole source project that may exceed
$25,000 must be announced in Federal Business Opportunities. (FedBizOpps, http://
www.fedbizopps.gov/)
Tribal Forest Protection Act
This legislation authorizes the Secretaries of Agriculture
and Interior to partner with tribes for work with the
Forest Service and the Bureau of Land Management
through stewardship contracts. These contracts are for
projects that reduce hazardous fuels and improve forest
health on federal lands adjacent to tribal lands. The Act
was signed into law on July 20, 2004, and the Forest
Service and Bureau of Land Management are currently
working together to draft policy for implementing it. The
proposed policy is expected to be in place by June,
2005.

Contacts
The Partnership Resource Center provides a list
of Forest Service Regional Tribal Relations
Coordinators
http://www.partnershipresourcecenter.org/
contacts/national-tribal-coordinatorscontacts.php

Partnership Guide - May 2005

VIII. Common Challenges for Partnerships
This chapter explains some federal and agency guidelines that Forest Service partnerships should understand
to avoid unexpected hurdles. Familiarity with these laws
and policies will help partners address concerns
proactively and develop partnerships that run smoothly.
The chapter explains:
• National Environmental PolicyAct
• Federal Advisory Committee Act
• Obligating Money for Multiple-Year Partnerships
• Shared Facilities (Co-Location)
• Indirect Costs Assessments
• Reimbursement of Travel Expenses
• Use of Government-Owned Vehicles by NonFederal Partners

Partnership Projects and NEPA
There are two levels at which the Forest Service
implements NEPA in its decision-making, and partnerships can be involved in both types of decisions:
• Programmatic decisions – Forest Plans are good
examples of programmatic decisions. These plans
are developed for each National Forest and
describe in general terms, the locations and guidelines for certain types of uses and projects.
• Site specific decisions – These are specific
proposals for certain types of activities on National
Forest land or involving federal funds. Examples
include habitat restoration, fuels reduction, pest
control, trail construction, or authorizing a special
use permit to an outfitter, guide, or other third party.

This chapter frequently references relevant sections of
the Forest Service Handbook (FSH) and Forest
Service Manual (FSM). These documents are available
online at the Forest Service website
(http://www.fs.fed.us/im/directives/).

On public lands, NEPA normally applies to any project
that commits the public’s resources or proposes ground
disturbance. NEPA may also apply to projects where
federal funding is being used, even if the project is not
on federal land.

National Environmental Policy Act

The size, scale, and complexity of the NEPA process
differs with each type of project. The amount of time
needed to complete the process also varies. There are
generally three broad categories of NEPA analysis:
• Categorical Exclusions assess simple projects
where the scope and scale of effects to the land
and resources is limited. These types of NEPA
analyses and decisions may take only a few
weeks or months to prepare.
• Environmental Assessments are used where the
scope and scale of a proposal means that
effects are more uncertain and need further
study, which can take up to a year or more.
• Environmental Impact Statements are prepared
for major projects where significant environmental effects are anticipated. These projects
usually require a year or more.

If a partnership project uses federal funds or is on
public lands, an analysis process under the National
Environmental Policy Act (NEPA) may be required.
The purpose of a NEPA process is to help public
officials make decisions based on an understanding of
environmental effects and to inform the public how
environmental concerns have been considered.
Because the NEPA process can be lengthy, partnerships should find out early whether NEPA applies to
any aspect of the project. If NEPA does apply, there
are ample ways for the public and partnerships to be
involved, particularly early on. Although federal agencies make the final decision in a NEPA process, concerned citizens and organizations can influence this
decision by being involved in the process.

Partnership Guide - May 2005

43

Since the process can be lengthy, is important to find
out early whether a NEPA process will be required for
any aspect of a partnership project. If so, participants
should begin to discuss the process early so that
everyone has similar expectations. Good questions to
discuss include:
• What will be the scope and scale of the NEPA
process?
• What are the likely timelines and costs?
• Who will be involved or affected? What role
will they play? How will other agencies, governments, tribes, or partners be involved?

44

Steps in the NEPA Process
If federal lands are involved in the project, a federal
agency official retains authority to make the final decision regarding NEPA. The federal agency also normally
pays for the NEPA process, but there are ways that
costs can be shared. There are many opportunities for
partners and the public to be involved in each step of
the NEPA process, and ultimately to contribute to the
final decision. The basic steps in any NEPA process
are:
• Pre-proposal period – This phase is one of the
richest opportunities for the involvement of partners,
other agencies, other governments, tribes, and the
public. This is when collaborative processes are
important and valuable. During this period, these
entities can influence the nature of the project
before the agency makes a formal NEPA proposal.
Many partners get involved in this stage by convening interested groups to work together in an open,
democratic, and transparent way. These groups can
solve problems, refine proposals, and resolve
possible controversies in the design of the proposal
prior to formal public comment.

• “Scoping” the proposed action – The NEPA
process begins when a federal agency announces a
proposal and seeks formal public input. This step
helps the agency develop an understanding of the
“scope” of any significant issues involved. Citizens
can get involved by helping the agency identify
issues, identifying persons who need to be contacted, and even helping collect public input.
• Documentation – In this phase, an environmental
analysis is completed and potential environmental
effects are documented. Alternatives to the proposed action are often considered and the document is made public. Although content of the
document is the responsibility of the federal agency,
under its guidance partners can help collect field
information, provide alternatives to the proposal, or
help analyze effects within their area of expertise.
There is often another opportunity for public
comment during this phase.
• Decision – Once the environmental analysis and
public comment periods are complete, a final
decision is made by the federal agency. This decision is documented and the deciding official explains
the rationale for the decision to the public.
It is important to remember that federal agencies
maintain a unique government-to-government relationship with other federal agencies, tribes, and state and
local governments. This relationship requires consultation between governments before final decisions are
made under the NEPA process.

Partnership Guide - May 2005

Federal Advisory Committee Act
Often groups work together collaboratively to resolve
land management conflicts and want to provide their
input to the federal agencies that manage the involved
lands. Under the Federal Advisory Committee Act of
1972 (FACA), federal agencies must follow certain
guidelines for working with these groups and integrating
their ideas into agency decisions.

What is “Public Input”?
Agencies like the Forest Service seek “public
input” on management or proposals. There are a
myriad of creative ways that verbal or written
public input can be gathered, and often partners
can help agencies gather input. The most useful
input comes from people who may be concerned
about or have solutions to offer about how to
resolve problems or issues with planned
projects. Public input can also include opinions
about what on-going management or services are
working well or need to be improved. The more
specific a person can be about the location or
nature of a concern or idea, the better. Agencies
can then respond more effectively or incorporate
ideas that are specific. Often, citizens think that
public input is a “vote” that is won by getting lots
of people to send in the same written comment.
Although their general satisfaction or dissatisfaction with a project will be noted, content matters.
Collaboration is a new emphasis in the Forest
Service that focuses on working with the public
early on in decision-making processes for
project development efforts. Collaborative
processes and dialogues bring people together to
try and address issues and reach an agreed-upon
proposal that may undergo further analysis
through the NEPA process. If a NEPA process
is initiated, the process is often more streamlined
and successful if collaboration has occurred.

In enacting FACA, Congress formally recognized the
merits of seeking advice and assistance from the
nation’s citizens. They also wanted to ensure access for
all citizens in agency policy decisions.Although the
basic purpose of FACA is to support the kind of open
discussion and decision-making processes that occur in
a collaborative environment, FACA has sometimes
been seen as a barrier to collaboration. This is because
many people feel that no groups or discussions can be
convened to discuss land management issues unless a
formal federal advisory committee is established. This
does not have to be the case if the members of the
group have a basic understanding of the law and
agency guidelines.
Partnerships and FACA
The intent of FACA is to provide accountability and
public access to policy decisions. If an agency like the
Forest Service wants to form a committee to get
advice, it must seek approval under FACA. For
example, Resource Advisory Committees (RAC),
serve as a way to improve collaborative relationships
between various interest groups and the agency working on projects that benefit resources on or adjacent to
National Forests. RACs are subject to FACA regulations because these committees are established by
Congress to provide advice and recommendations to
the Forest Supervisor for the approval of projects.
Other groups that are established by the agency without
direct congressional authorization, like the National
Environmental Justice Advisory Council, would also be
subject to FACA.
There are many situations when FACA does not apply
to a group. For example, local watershed groups and
National Forest friends’ associations are not subject to
FACA if the agency does not manage or control the
group, even if Forest Service personnel participate. The
table at the end of this section will help clarify these
issues.

Partnership Guide - May 2005

45

Revised Regulations Ease Implementation
In 2000, the General Service Administration (GSA), the
federal agency responsible for implementing FACA,
released revised regulations for putting FACA into
practice. These regulations are based on case law that
had developed in the 20-plus years since FACA was
passed. The revised regulations do not change FACA,
but they do clarify some of the provisions that have
created problems in the past.
Three Key Tests
There are three questions to ask to determine if FACA
applies to a group in any given situation. The answer to
each of the following questions must be “yes” for
FACA to apply:
• Is the group a committee? If the group is a
committee that has some formal structure, fixed
membership, and specific purpose, and seeks to
reach a position as a group, FACA regulations may
apply. Advice from individuals, taken either singly
or in a meeting, is not regulated by FACA.

46

• Is the committee “established” or “utilized”
by an agency? If an agency establishes the group
or has a large share in controlling the group, such
as setting the agenda or determining the membership, FACA regulations may apply. If the committee is established and run by a non-federal individual or group it may not violate FACA, even if
federal employees are invited to participate.
• Is the purpose of the committee to give advice
to the agency? If the purpose of the committee is
to directly advise the agency, FACA regulations
may apply. A committee formed for other purposes, such as monitoring, conducting investigations, and carrying out other specific activities, does
not fall under the purview of FACA if it incidentally
advises the agency. A group formed for some other
purpose or to give advice to another entity that
ends up giving advice to the agency also does not
fall under FACA regulations.

The flow chart at the end of this section can also help
users determine if FACA applies to their group.
Where to Find More Information
General Services Administration website – A
wealth of information is available at http://
www.gsa.gov. Click on “Policy” and select “Management of Federal Advisory Committees” to find
GSA information on FACA and its implementation.
Laws and regulations – The revised regulations
include an appendix that has several helpful, clearly
written examples. These can be found in Part 1023, Subpart A, Appendix A. The implementing
regulations and the text of the original law can be
found at the GSA website (http://www.gsa.gov).
Forest Service FACA coordinators – Each Forest
Service Region has a FACA coordinator. There is
also a national coordinator. These individuals are
the primary resource for field employees who need
advice on FACA. Each local Forest Service office
has more information.
Office of General Counsel – Each Forest Service
Region has access to legal opinion through the
U.S. Department of Agriculture’s Office of General
Counsel (http://www.usda.gov/wps/portal/!ut/p/
_s.7_0_A/
7_0_1OB?contentidonly=true&contentid=OGC_Index.xml).
Requests for Office of General Counsel opinions
are usually controlled by the Department’s Regional offices. The Office of General Counsel in
Portland, OR, has summarized some important
FACA information that is available at
http://www.fs.fed.us/r6/willamette/manage/
opalcreek/reference/faca.pdf.
Other attorneys – Some organizations that work
with the Forest Service have access to legal
services. For those groups, their own attorneys
may provide a source of legal information about
the situations in which FACA applies.

Partnership Guide - May 2005

Alternatives to FACA – Northwest Colorado Stewardship
The Northwest Colorado Stewardship group (NWCOS) works to get diverse local interests to work
together to find solutions to previously intractable natural resource management issues. The group is located
in Moffat County where the Yampa, Green, and Little Snake rivers drain the high steppes of Colorado’s
northwest corner. Most of the land in Moffat County is managed by the federal government, making public
land management a critical concern for its more than 13,000 county residents.
After successfully developing an integrated fire management plan for the Seven Mile/Bald Mountain area,
the group is now working to assist with the development of an updated Resource Management Plan (RMP)
for the Bureau of Land Management (BLM) Little Snake District. NWCOS is tackling the very contentious
issues of oil and gas development, official wilderness study areas, and citizen-proposed wilderness areas.
NWCOS studied how to comply with FACA requirements for its participation in preparation of the RMP
project and the accompanying Environmental Impact Statement (EIS). The group created a subcommittee
to discuss the FACA issue and make recommendations. The subcommittee considered the following options:
• Becoming formally FACA chartered.
• Adjusting NWCOS so that it would provide the individual advice of members to the agency, rather
than a consensus recommendation.
• Working as a subgroup of the FACA chartered Northwest Resource Advisory Council.
• Working under an existing contractor for the agency who was setting up a public involvement
strategy for the RMP.
NWCOS and the BLM decided to work through a contractor, the Keystone Center, which was already on
board developing protocols and setting collaborative strategy for NWCOS. In FY 05, Keystone will
manage the group and guide it through a community visioning and alternative development process for the
RMP and its EIS. NWCOS will also provide baseline data to the BLM and help with the NEPA scoping
process along with the general public, encouraging non-NWCOS member community participation.
This story was adapted from the Red Lodge Clearinghouse website, with permission from NWCOS and
Red Lodge Clearinghouse. For more information, visit http://www.NWCOS.org or
http://www.redlodgeclearinghouse.org/legislation/faca4.html

Partnership Guide - May 2005

47

How to Decide if FACA Might Apply to Your Situation

Q.1. Does the group
include non-governmental
personnel?

NO

YES

Q.2. Is the group a “committee” with an organized
structure, fixed membership
and specific purpose?

NO

YES

Q.3A. Is a federal
agency primarily responsible
for creating and organizing
the group?

48

NO

YES
YES

Q.4. Is the group’s
primary purpose to provide
specific advice or recommendations to the agency?

Q.3B. Is the group subject
to strict agency management or control?

NO

YES

FACA probably does
not apply

FACA probably applies

Partnership Guide - May 2005

Obligating Money for Multiple-Year
Partnerships
Many effective partnership projects operate for more
than one year. Partners can agree to work together for
a long period of time in many ways, but multiple-year
funding commitments must follow specific procedures.
Multiple-Year Grants and Agreements
The Forest Service can enter into any agreement or
grant for up to five years, according to agency policy.
At the end of five years, options exist to extend for an
additional five years. Open-ended grants and agreements, described below, are also subject to the fiveyear limit. These agreements and grants are typically
used for projects where the work is ongoing but
funding is only authorized one year at a time.
For multiple-year partnership projects where the
Forest Service receives funds from another federal
agency, there are annual requirements from the Office
of Management and Budget regarding the apportionment of reimbursable authority. Check with the Forest

+Service unit’s Grants and Agreements Specialist for
more information.
Open-ended Agreements
The Forest Service typically uses open-ended agreements in situations where it needs to authorize funding
for a project one year at a time as it becomes available.
Work must start within the fiscal year that the funds are
obligated, but the work does not have to be completed
in that year. The funding can carry over into subsequent
years and be available for the life of the agreement or
grant. An exception is when Congress appropriates
funds only for a specific time period.
An open-ended agreement or grant spells out a general
understanding between the parties and requires an
annual operating plan for each of the years that funding
is available. This plan is incorporated as a modification
to the grant or agreement each year. It obligates the
funds, details responsibilities specific to the project, and
includes a financial plan.

49

Partnership Guide - May 2005

Shared Facilities (Co-Location)
Co-location is a Forest Service term that refers to the
sharing of buildings and facilities with other federal
agencies and non-federal partners. It can be a useful
tool for reducing overhead costs and increasing efficiencies. The Service First initiative allows the Forest
Service and Bureau of Land Management to share
facilities. Other shared facilities such as the Interagency
Fire Dispatch Centers and Multi-agency Visitor Centers
are authorized by law under Title 7, USC, Section
2204a (refer to FSM 1585.11). Co-location arrange-

ments are also made with entities such as universities,
interpretive associations, and other nonprofit organizations.
As partners explore opportunities to cut costs by
sharing services and facilities, it is important to consider
the need for all parties to benefit. While there are many
opportunities for Forest Service facilities to provide
mutual benefit, current policies and regulations must be
followed.

Co-location Benefits the Chesapeake Bay
The Chesapeake Bay is the nation’s largest estuary
and one of the most productive ecosystems in the
world. The Bay’s watershed covers 41-million
acres and spans portions of five states and the
District of Columbia.
50

Several agencies share a mutual interest in encouraging responsible and efficient management and
protection of aquatic resources in Chesapeake Bay.
The Environmental Protection Agency’s (EPA)
interest is reflected in an aggressive initiative to
reduce non-point source pollution degrading the
Bay’s water quality. Its Chesapeake Bay office is
located at the city marina in Annapolis, Maryland.
The State and Private Forestry branch of the
Forest Service is responsible for providing technical
and financial assistance to the partnering governments, landowners, and nonprofit organizations in
and around the Chesapeake Bay.
An Interagency Agreement was signed between the
Forest Service and the EPA in 1988. It provides
Forest Service liaison work to the EPA and offers
technical assistance in areas related to forestry, best

management practices, soil erosion, and timber
harvesting. Liaison efforts promote sound forest
policy regarding riparian forest buffers, land use,
training, education, and facilitation.
In return, the EPA provides office space for Forest
Service liaisons free of charge (three employees at
this time). The EPA also encourages its employees to
coordinate and collaborate with the Forest Service on
work that restores the Bay’s ecosystem and improves
its water quality.
Several other agencies are also located in the Annapolis facility. These include the National Park
Service, U.S. Fish and Wildlife Service, National
Oceanic and Atmospheric Agency, Natural Resources
Conservation Service, and the U.S. Geological
Survey. This co-location arrangement allows all
agencies to work for the benefit of the Bay. The
agencies serve on the Federal Agencies Committee,
Nutrient Subcommittee, Living Resources Subcommittee, and the Chesapeake Bay Forestry
Workgroup.

Partnership Guide - May 2005

The accompanying flowchart was developed as a guide
to assist the Forest Service and its partners in the
evaluation of potential co-location arrangements. It
includes definitions and references to the Forest Service
Handbook (FSH) and Forest Service Manual (FSM),
both available at http://www.fs.fed.us/im/directives/. The
goal of the flowchart is to direct the user to a Forest
Service specialist in one of three areas:
• Special Uses
• Leasing Real Property
• Grants and Agreements

These specialists can assist in determining:
• Whether the proposal falls under authorized
co-location arrangements. Exceptions are
outlined in the footnotes.
• Whether the proposal is appropriate.
• The proper authority and the development of
the appropriate instrument to authorize the
proposal.

51

Partnership Guide - May 2005

Space/Occupancies(1)

Is the Forest Service
proposing use of space in
another’s facility?

Does the Forest Service
proposal provide mutual interest
and mutual benefit for all
involved parties?

YES

NO

NO

YES

Does another party propose
use of Forest Service administratively controlled space?
YES

Can the proposed use
reasonably be accommodated
without the use of Forest
Service space? FSM 2703

NO

YES

EndForest Service
involvement
FSM 1920, FSM 2703,
FSM 7312, FSH 1909.2,
FSH 7309.11 Chapter 20

Is the proposal in
cooperation with state or local
government agencies?

YES

Does the proposal provide
mutual interest and mutual
benefit for all
involved parties ?

NO

NO
NO

Is Forest Service
administratively controlled
space available?
52

NO

YES

Does the Forest Service
anticipate a future need for this
space?
(2)

NO

Has this administratively
controlled space been reported to
GSA as excess?
(3)

YES

NO

YES

Is the proposal compatible with
Forest Service
future needs?

YES

NO

Is the proposal exclusively
for private interests
and/or benefits?

Partnership Guide - May 2005

YES

Definitions:
Evaluate as a possible:
Can the
proposed use reasonably be
accommodated on a month-tomonth basis?

Rental
See your Leasing
Real Property Specialist,
FSM 6310, FSH6309.32

YES

NO

YE

S

Lease
See your Leasing
Real Property Specialist,
FSH 6409.31, FSH 6409.12,
FPMR 101-18, FMR 102-73
YE

S

Agreement:
A voluntary arrangement whereby mutual benefits and mutual interests are
documented for the purposes of accomplishing mutually agreed upon
objectives.

Forest Service Administrative Control:
Owned - A facility for which the United States holds clear and unencumbered title, and for which the Forest Service has been delegated administrative authority to manage and operate.
Leased - A contract which conveys privileges to the Forest Service to
exclusive occupancy and use of the land or interior building space for a
determinate period of time.
Forest Service Sub-Lease:
A conveyance of the right to another party occupancy Forest Service
adminstratively controlled space.

Mutual Benefit:
Exists when all involved parties benefit in the same qualitative way from
the objectives of the proposal.

Mutual Interest:
Interests, other than monetary, common to all involved parties, which
relate to the accomplishment of their respective missions.

Evaluate on a case by case basis.
May be a lease, rental, or
agreement.

Private Interest and/or Benefit:
Proposals, applications or uses which primarily afford the proponent,
applicant or holder with a lower cost or less restrictive alternative or
location, or which merely accomodate a proponent’s wishes.

YE

NO

Public Benefit:

S

Agreement
See your Grants &
Agreements Specialist,
FSM 1580 and
FSH 1509.11.

YES

A potentially beneficial qualitative or quantitative outcome, resulting
from a proposal or use which primarily benefits a broad segment of the
general public, either directly, or through the programs of the Forest
Service or the Secretary.

Rental:
An “as is where is” occupancy on a month-to-month basis with no
leasehold interest. An example would be a storage shed.

Special Use Permit:
A revocable, terminable and noncompensable authorization which conveys
no interest in but provides permission to occupy and use Forest Service
administratively controlled space for a specified purpose.

Does the proposal
provide a public benefit?

YES

Special Use Permit
See your Special Uses Specialist
FSM 2720,
FSH 2709.11.

Footnotes:
(1) Does not address:
Emergency situations such as fire or flood. See FSH 5109.34, Chapter 20.
The cabin rental program which is properly authorized using form FS-2700-3e.
Provision for quarters (See section 8 of Granger-Thye, P.L. 81-478, Recreation Fee
Demonstration Program, P.L. 104-134, FSH 6409.11).

•
•
•

(2) In accordance with Forest Service and facility planning. See FSM 1920 and 7312;
FSH1909.12 and 7309.11, chapter 20.
(3) Federal Property Management Regulations (FPMR) 101.47
(4) This action can only be taken after the space has been reported to GSA as excess to Forest
Service needs and GSA further declares the space surplus to Government needs.

NO

Potential Arrangements
Instrument Types

Requesting Entity

Forest Service Sub-Lease
See your Leasing Real Property
Specialist

BLM (Service First)
Other USDA Agencies
Other Federal Agencies*
State, County, Local Gov’t
Private Entities
Forest Service

Partnership Guide - May 2005

Agrmt

•
•
•
•
•
•

Special
Use
Permit

FS
Out-Lease/
Sub-Lease

•
•
•

•
•

Lease/
Rental

•

53

Indirect Costs Assessments
When Forest Service personnel do work for partners,
the agency incurs indirect costs associated with general
management and administration. Unless a waiver is
appropriate under the federal law or authority cited in
the agreement, the Forest Service recovers the indirect
costs from the partner. It is best to work with local
experts early on to calculate the indirect costs associated with a partnership and incorporate this information
into the planning stages.
The amount the agency recovers is based on the
national average of indirect costs compared to total
agency expenses. Currently, the average indirect cost
across the agency is approximately 17 percent. This
percentage, which the agency terms “burden rate” is
applied to the total value of the partnership agreement
unless parts of the agreement qualify for a waiver.

54

Interim Directive FSH – ID 1909.13-2004-1, issued in
2004, provides the current direction for indirect cost
assessments. However, the agency is still clarifying
certain aspects of the interim directive. For more
information on current policies, refer to:
• The 2005 Program Direction. This is an annually-issued Forest Service document that
clarifies current practices for administering
Forest Service programs. It is available to
Forest Service employees on the agency’s
intranet (internal) website.
• Interim Directive FSH – ID 1909.13-2004-1
(id_1909.13-2004-1.doc at
http://www.fs.fed.us/cgi-bin/Directives/get_dirs/
fsh?1909.13!..).

Whenever the Forest Service provides a service to
another party without mutual benefit, full costs must be
recovered. The need for full cost recovery was set forth
in the Economy Act of 1932, the Granger-Thye Act,
and the resulting Granger-Thye Collection Authority.
When mutual benefit exists for both parties involved, the
Cooperative Funds Act of June 30, 1914, says that
there is no mandate for total cost recovery. For a
partnership documented under this authority, the Forest
Service is not required to collect indirect costs from the
partner.
In the past, the agency recovered indirect costs on cost
share agreements with mutual interest and benefit
between the parties. The two authorities commonly
cited for these arrangements were Public Law 102-154
(Challenge Cost Share), and Public Law 94-148
(Participating Agreements). Under Interim Directive
FSH – ID 1909.13-2004-1, these assessments are no
longer required.
Calculating Indirect Costs
Depending on the situation, the Forest Service currently
uses either the national burden rate or the marginal
burden rate to calculate and recover indirect costs
from partners. The national burden rate applies to
Forest Service work that is normal, recurring, and
outlined in an existing long-term agreement. The mar-

When the Forest Service Recovers Indirect Costs
As illustrated in the table at the end of this section, some
statutes require payment by the partner for all costs
associated with a project and others allow the costs to
be waived. Even if the authority allows for waiving
indirect costs or some portion of them, Forest Service
personnel still must go through the appropriate steps to
document the rationale, as illustrated in the flow chart at
the end of this section.
Partnership Guide - May 2005

ginal burden rate applies to projects in which the work
is not considered normal and recurring and is not part of
a unit’s typical annual program of work. For 2005, the
national burden rate is 17.8 percent, and the marginal
burden rate is 3.3 percent.
The burden rate is assessed against the total value of
services being provided. The base costs that the burden
rate is applied against may be reduced if:
• Agreements include contracts or procurements.
• A previous national agreement specifies a
reduced burden rate, such as interagency fire
agreements.
• The national burden rate does not accurately
reflect the true indirect costs of operations, such
as a research station.
• The agreement represents a pass-through of
funds directly to another organization.
• FSM 1580 or the Program Direction for the
current Fiscal Year identifies a specific situation,
other than those above, where a reduction of
the burden rate may be considered.
Forest Supervisors and Research Station Directors now
have the authority to waive the agency’s indirect costs
under the following circumstances:
• For work performed on behalf of or in cooperation with other federal agencies, provided
the waiver is applied mutually between the
respective agencies and the work is in the
interest of the cooperating agencies.
• For work performed in cooperation with state
or local agencies, if funds for the performance
of this work are provided by other federal
agencies to the state and local agencies.
• If the indirect burden is less than $1,000.
If a waiver is granted, it must be clearly documented
and stated in the agreement. Forest Service personnel
are required to make every attempt to negotiate and
recover indirect costs, and exemptions should be the
exception rather than the rule.

The agency’s indirect costs cannot be waived under the
following circumstances:
• For work performed for a third party as
required by contract or permit.
• For work performed to restore or rehabilitate
lands affected by the partner’s activities.
• When the financial burden on the Forest
Service is more than the benefits received by
the agency.
Examples
The following examples describe how the agency would
calculate indirect costs for typical situations involving
grants.
• A wildlife biologist applies for a $100,000 grant
for wildlife surveys. The grant does not restrict
funds and therefore can be applied to indirect
costs. The wildlife biologist includes the indirect
rate in the project budget submitted. The grant
is awarded. This is the optimal situation as total
cost recovery is achieved.
• A wildlife biologist applies for a $100,000 grant
for wildlife surveys. The grant criteria state that
grant funds cannot be used for indirect costs.
The grant is awarded and the funds are used to
hire seasonal employees through the Forest
Service. The national burden rate is assessed at
17.8 percent. Because the burden rate cannot
be waived, the program benefiting from the
work is required to recover $17,800 from the
program account.
• A wildlife biologist applies for a $100,000 grant
for wildlife surveys. The proposal states,
“$80,000 of the grant will fund a third party
contractor and $20,000 will fund Forest
Service labor activities.” The grant is awarded.
In this case, only the grant funds assigned to the
Forest Service workforce ($20,000) would be
assessed the 17.8 percent rate, or $3,560.

Partnership Guide - May 2005

55

56

Direct cost: These are expenses that can be

Indirect cost: These are joint or common

specifically attributed to the delivery of a Forest
Service program or its output and accomplishments.
Because program management is an integral part of
the production of an output, it is considered a direct
cost. Direct costs are charged directly to a program. Direct costs include, but are not limited to:
• Personnel costs including salary and benefits, training, travel, Office of Workers’
Compensation Program, and Unemployment Compensation Insurance for employees involved in the production of outputs.
• Material, supplies, and equipment costs
incurred in the production of outputs.
• Other costs associated with these employees such as office space, computer equipment, and utilities.

expenses that are necessary for the operation of the
Forest Service, but not specifically identifiable with
or traceable to a specific output. Indirect costs may
include the following:
• Personnel costs including salary and benefits, training, travel, Office of Workers’
Compensation Program, and Unemployment
Compensation Insurance for certain employees involved in general management, business management, budget, and finance.
• Material, supplies, and equipment costs
incurred by more than one program area for
the employees described above.
• Other costs associated with these employees such as office space, computer equipment, and utilities.

Reimbursable agreement: This is an agreement between parties where the performing entity agrees
to provide the resources and perform services on behalf of the paying entity. The paying entity pays for the
resources and services provided on its behalf by the performing entity. Costs are borne initially by the
performing entity. They are forwarded to the paying entity for reimbursement, in accordance with the terms
of the agreement (see also FSM 1580).

Partnership Guide - May 2005

Authorities For Indirect Cost Waivers Based on Authorities Described in FSM 1580
Type of Agreement

StatutoryAuthority

No agreement needed-document with
memo
Collection Agreement:

Acceptance of Gifts Act of October 10, 1978
(P.L.1 95-442)
Granger-Thye Act of April 24, 1950 (P.L. 81478)
Cooperative Funds Act of June 30, 1914 (P.L.
104-127)
Forest and Rangeland Renewable Resources
Research Act of 1978 (P.L. 95-307.)
Intergovernmental Cooperation Act of 1968
(P.L. 90-577)

Cooperative Agreement

Challenge Cost Share Agreement or
FS-1580-1
Cost Reimbursable Agreement
Or FS -1580-1
Cost Share Agreement
Interagency Agreement
Or form AD-672

Intra-agency Agreement
Or FS-1580-1

Joint Venture Agreement

Participating Agreement
Or FS-1580-1

Wyden Amendment, Section 323(A) of the
Department of Interior and Related Agencies
Appropriations Act, 1999 as included in P.L.
105-277 as amended by P.L. 107-63.
Interior and Related Agencies Appropriations
Act of 1992 (P.L. 102-145).
National Agricultural Research, Extension
and Teaching Act of 1977 (P.L. 95-113), as
amended by Public Law 105-198.
Cooperative Funds and Deposits Act of
December 12, 1975, (P.L. 94-148).
The Economy Act of June 30, 1932, Section
601 (P.L. 97-258 and 98-216)
Reciprocal Fire Protection Act of May 27,
1955 (P.L. 84-46)
No statutory authority required. Intra-agency
agreements are authorized by the programs
and policies of the Forest Service. Cooperating units funded by the same appropriation
Funded by different appropriations – i.e. NFS
and Research
National Agricultural Research, Extension
and Teaching Act of 1977 (P.L. 95-113), as
amended by Public Law 105-198
Cooperative Funds & Deposits Act of
December 12, 1975 (P.L. 94-148)
Wyden Amendment, Section 323(A) of the
Department of Interior and Related Agencies
Appropriations Act, 1999 as included in P.L.
105-277 as amended by P.L. 107-63).

FSM 1580 supersedes the information in this table in the event of any discrepancies.
Reference: Interim Directive 1909.13-2004-1; 40.43b – Exhibit 1
1
2

P.L.: Public Law
FS 1580-1: “Cost Share Agreement/ Cost Reimbursement Agreement”

Partnership Guide - May 2005

Indirect Cost
Collection Mandatory?
No
Yes
No
No
Yes

No

No
No - Where there is
mutual interest and all
parties contribute
No
Yes
No
No

Yes
No - When there is
mutual interest and all
parties contribute
No
No

57

Determining the Appropriate Indirect Cost to be Borne by a Potential Cooperator
The following flow chart illustrates the steps that Forest Service personnel go through to calculate or waive indirect
costs.
Reference: FSH – ID 1909.13-2004-1, 40.43c, Exhibit 01.
Forest, Station, Lab, Area or WO Staff negotiation with cooperator on
indirect burden costs for proposed agreement

Is work Research, or normal and recurring work?

Research: Is the national
burden rate appropriate given
the Station’s cost structure?

Yes: Use burden rate
in Program Direction.

Not Normal/Recurring:
Base burden rate is marginal
rate (FY 2004=2.5%)

Normal/Recurring: Base
burden rate is national indirect
burden rate (FY 2004=19.2%)

No: Calculate burden rate
using local analysis.

Are there contracts, land purchases, large
procurements or other pass-throughs?

No: Burden rate applied
to full agreement amount.

Yes: Reduce agreement amount that burden rate is applied to by
the contracted or other large pass-through amounts.

Does the Coop Authority allow for waivers?
58

No.

Yes: Does the Cooperator and Forest/Staff desire a
waiver of indirect costs?
No.
Yes: Forest Supervisor/Staff Director review waiver for
compliance and consistency. Make decision.

Approved: Does the Forest/Staff want to forego
absorbing indirect burden into unit budget?

Waiver dissapproved.

FS/Staff (<$1000) or RF/DC get CFO advice, review request to forego to assure
financial burden not in excess of benefits. Make decision.
No waiver and foregoing approved: No burden assessed.
Partnership Guide - May 2005

Assess Cooperator indicated
burden amount and include in
agreement.

If waiver approved, but
foregoing not approved:
Burden paid for out of
Forest/Staff budget

Reimbursement of Travel Expenses
The Forest Service may pay for a partner’s travel
expenses if there is a direct benefit to the agency. To
demonstrate direct benefit, the following issues should
be addressed in a justification statement. The justification statement should include:
• Purpose of the trip as it relates to Forest
Service programs.
• Proposed itinerary, including mode(s) of

transportation.

• Statement of direct benefit or service to be
rendered to the agency.
• How the benefit or service will be formally
documented, such as in a written report or oral
presentation.
• With whom the non-government personnel will
interact to accomplish the service or benefit
rendered.
• Total cost to the agency, including per diem,
transportation, and incidental expenses.
Individual travel authorizations can be approved at the
local Forest level by the fiscal officer using travel
document AD 202. Only the AD 202 is necessary for
payment of travel expenses.

The Difference Between Volunteers and Partners
It is important to note that the Forest Service does not
have to register partners as volunteers, and there is no
need to enter into a Forest volunteer agreement. In the
example in the sidebar, the executive director will not
be attending the meeting as a Forest Service volunteer
but as an employee of a nonprofit organization. However, there may be situations where an individual should
be treated as a volunteer instead of a partner. An
example is when a Forest sends an individual to a
customer service training session to prepare this person
to become a docent at a Forest Service Visitor Information Center. Travel of volunteers falls under the
federal travel regulations. FSM 1833.5 discusses travel
and incidental expenses for volunteers.
Is a Contract Appropriate?
In some cases, the Forest Service contracts for the
service individuals will provide at events, workshops,
or for projects. In these arrangements, individuals make
their own travel arrangements and are reimbursed for
their expenditures as part of their contracts. In some
situations, contracts can be less costly in terms of the
time required to prepare and process justification
statements and AD 202s. Contracts less than $2,500
do not have to be done competitively.

Out-of-State Rural Community
Coordinator Meeting
There is a national rural community coordinator
meeting being held in another state. A local Forest
Service unit wants the executive director of a
community-based organization to attend so that
she can take part in group discussions and bring
back innovative ideas generated by the participants. To reimburse her for travel expenses,
Forest Service staff would prepare a justification
statement addressing the seven points shown
above. The fiscal officer would then complete the
AD 202. There would be no need to enter into a
new agreement to specifically cover this trip.
Partnership Guide - May 2005

59

Use of Government-Owned Vehicles by
Non-Federal Partners

60

There may be occasions for the Forest Service to
consider providing government-owned vehicles for use
by non-federal parties as part of their contribution to a
partnership. Due to liability considerations, the decision
to do so must be weighed carefully. An Interim Directive (ID 1580-2004-2) issued in May, 2004, allows for
this use as long as all the following conditions exist:
• The Forest Service and the non-federal party
have a legally binding written agreement (such
as a Cost Share Agreement or other statutorily
authorized agreement) in which the use of a
government-owned, leased, or rented vehicle is
specified as part of the Forest Service’s contributions.
• The government-owned, leased, or rented
vehicle will be used for official Forest Service
activities only and in accordance with the terms
of the agreement.
• Only properly licensed and qualified drivers will
operate the vehicles.
• Drivers have completed a defensive driving
course within the last three years.
• Drivers have received and read a copy of the
Driver Operating Guide, EM-7130-2, available
in Forest Service offices.
• The non-federal partner maintains and provides
proof of comprehensive liability insurance. The
policies must cover at least $250,000 per
occurrence for bodily injury and property
damage.
• Drivers must comply with Executive Order
13043 detailing appropriate seatbelt use.
Although liability insurance reduces the risk to the
Forest Service, it does not eliminate it. The line officer
must decide if the level of risk to his or her unit is an
acceptable one and proceed accordingly. If the risk
outweighs the benefit, then other arrangements should
be made for vehicle use. If the risk is manageable, but
the activity itself involves, for example, transporting
large numbers of people in a government-owned van or
bus, then requiring a higher level of liability insurance
may be prudent.
Partnership Guide - May 2005

IX. Conduct and Ethics
The public expects every person and partner involved
with government funds to be committed to high professional and ethical standards and accountable for their
actions. Understanding and maintaining these standards,
and complying with relevant legal authorities can play an
important role in a partnership’s success.
While it is primarily the responsibility of Forest Service
employees to be aware of and understand conduct and
ethic guidelines, partners also need to gain an understanding of these important issues in order to ensure
successful partnerships. The sidebar at the beginning of
this chapter summarizes important points for partners to
keep in mind. The remainder of the chapter is dedicated
to what Forest Service employees need to know.
Conducts and ethics is a complex subject where one
encounters a lot of “gray” area. If there are ever any
doubts, agency ethics officers should always be consulted. This chapter covers general guidelines for
maintaining ethical standards while working as partners
with non-federal organizations. It strives to bring clarity
to conduct and ethic issues in the following areas:
• Working with non-federal organizations
• Working with partners who are fundraising
• Acceptance of gifts and donations
o By the Forest Service
o By the National Forest Foundation,
on behalf of the agency
• Recognizing donors/partners and recognizing
individuals

and ethics issues is provided in Appendix H – Additional Legal References for Conduct and Ethics – or
may be obtained in consultation with the designated
Agency Ethics Advisor in the Washington Office or the
Primary Ethics Advisor in the Forest Service Region,
Area, Forest or Station. The Office of General Counsel
can also provide information and guidance. Non-Forest
Service partners should discuss these issues with their
Forest Service counterparts.

USDA Office of Ethics
(http://www.usda-ethics.net)
This website provides easily accessible information
on ethics. It includes:
• Rules of the Road – A compendium of laws,
regulations, and guidelines.
• Interactive modules that include examples
and scenarios.
• Answers to frequently asked questions
• Downloadable forms in a variety of matters
and variety of formats
• Links to USDA ethics advisors and other
ethics websites.

Remember, it is always important to consult with
appropriate agency and Department personnel on a
specific partnership undertaking. More formal information on authorities and regulations underlying conduct

Partnership Guide - May 2005

61

Summary Points for Partners:
•
•
•
•
•
•
•

62

The official responsibility of federal employees is to represent the government. They can only be
involved in non-federal organizations in ways that do not compromise this responsibility. Conflicts of
interest or perception of impropriety must be avoided.
A written partnership work agreement that clearly outlines mutual expectations and responsibilities of
each partner can help clarify concerns regarding conduct and ethics.
Creating an official liaison position is an appropriate way to involve a Forest Service employee in a
non-federal organization. Official involvement as a liaison requires prior approval of the line officer in
conjunction with the appropriate agency ethics officer.
The Forest Service cannot endorse or sponsor commercial enterprises, products or services.
Forest Service employees working in an official capacity can participate in fundraising meetings or
events under limited conditions to give an official speech dealing with Forest Service interests
relevant to the event. They cannot endorse or promote fundraising campaigns.
Capital improvement campaigns require that federal agencies agree upon the improvements needed
through a capital investment plan, completed environmental analysis, and decision document.
Forest Service employees can be involved in a personal capacity with non-federal organizations.
However, they cannot serve because of their employee assignment or position with the Forest
Service and there must be no other conflict or appearance problem. They must participate on their
own personal time and at personal expense.

The Forest Service can accept gifts from individuals, organizations, foundations, corporations, associations,
and other entities. (For more information, refer to the section on “Acceptance of Gifts” in this Chapter or to
Appendix I – Highlights from the USDA Directive on Acceptance of Gifts).
• Forest Service Employees can only solicit gifts under very limited conditions (see Appendix I –
Highlights from the USDA Directive on Acceptance of Gifts).
• The purpose of the National Forest Foundation includes encouraging, accepting, and administering
private gifts of money and property, both real and personal, for the benefit of the activities and
services of the Forest Service.

Partnership Guide - May 2005

Working with Non-Federal
Organizations
Forest Service employees can play an important official
role in organizations outside the federal government.
They can also participate unofficially as involved and
concerned citizens. There are many benefits to official
participation including sharing information, providing
technical advice, and developing mutual understanding
of each others’ goals, objectives and organizational
cultures. All of these benefits contribute to building trust,
effective relationships, and effective partnerships.
The involvement of federal employees in non-federal

organizations, however, must comply with legally
defined ethical standards. The sole responsibility of
federal employees acting in their official capacities is to
represent their agency. Participation in non-federal
organizations must not affect federal employees’ ability
to do their jobs objectively. Any conflicts of interest or
possible perception of impropriety must be avoided.
What follows describes how federal employees can
participate in non-federal organizations while upholding
their responsibility to the government.

Official capacity: A federal employee is partici-

Documentation: As federal employees and

pating officially if assigned by a superior, working on
official time, reimbursed for travel expenses, using a
government vehicle, in official uniform, on federal
premises, or invited to participate as a result of his or
her official position. In an official capacity, the employee participates solely as a representative of the
United States.

partners work closely together on projects of mutual
benefit, it is easy for distinctions between the parties
to become blurred. Forest Service employees
should develop a partnership working agreement to
clearly articulate an employee’s role and participation, particularly if that the employee is participating
as an agency liaison. This working agreement should
identify the objectives for the federal employee’s
participation, limits of the official participation,
expected benefits to each partner, policies on
endorsements and advertising, and responsibilities of
each partner.

Official liaisons: Liaisons are official Forest
Service representatives assigned to non-federal
organizations by appropriate Forest Service officials
when there is a significant and continuing Forest
Service interest in participating. Liaisons must follow
the conduct and ethics rules for federal employees
described in this chapter. They can provide advising,
consulting, and technical services to governing boards
and represent the Forest Service in discussions on
matters of mutual interest. They may not be involved
in a management or fiduciary role in the non-federal
organization and may not vote. Managers or supervisors appoint employees to this role and may not
appoint themselves.Aliaison’s duties are “official
business” and can be performed using government
resources such as time, equipment, supplies, and
vehicles. (A sample agreement for a liaison position is
provided in Appendix J – Liaison Agreement.)

Endorsement: The recommendation or promotion of commercial enterprises, products, and
services are considered endorsements. Regulations
prohibit agencies and employees from making
reference to commercial enterprises or brand names
of commercial products in interviews, and in written,
audio, and visual materials unless certified by the
agency’s information director as in the public
interest. References in the public interest include
acknowledging the contributions of a commercial
enterprise in an officially approved, mutually beneficial partnership project when the business, products,
and services are not promoted or recommended.

Partnership Guide - May 2005

63

Official Participation in Non-Federal
Organizations:
What a Forest Service Employee
Needs to Know

64

• Forest Service employees can serve as official
liaisons, technical advisors, committee chairpersons, or members representing the agency when
there are no conflict of interest or impartiality
concerns (or those concerns have been officially
waived). Their title or position must not appear
to endorse the non-federal organization or
appear to affect impartiality.
• Employees should clearly define their participation through a partnership working agreement,
particularly if they are serving as an official
liaison. This agreement clarifies conduct and
ethics concerns, identifies the objectives for the
employee’s participation, and articulates
responsibilities of each partner and expected
benefits. (See the sample agreement for a
liaison position in Appendix J – Liaison Agreement.)
• The Forest Service can purchase memberships
in non-federal organizations to stay informed of
the activities of the organizations.
• Forest Service employees can attend national
conferences and meetings on official travel and
time for professional development when it is
part of their official training plan. They can
schedule time for official participation, in
concurrence with their supervisors.
• Employees can present proposals and ideas
related to their official duties within the nonfederal organization to appropriate Forest
Service and federal officials.
• The Forest Service can accept travel and
subsistence costs (airfare, lodging, etc) provided by the non-federal organization in connection with official duties under 31 USC 1353.
Traveling employees require prior approval
from an agency ethics advisor.

Forest Service employees may not:
• Participate in a fiduciary role (officer, director,
trustee) unless authorized by statute or a
departmental waiver.
• Participate in an official capacity if they are
already an active participant in the organization
in an un-official capacity or personal role.
• Participate in internal issues of the non-federal
organization, e.g. budgets, fundraising, membership, by laws, political action committees, or
for-profit activities.
• Endorse the products or services of non-federal
organizations.
• Represent anyone other than the United States
before a federal agency or court in connection
with a matter in which the United States is a
party or has an interest.
• Accept compensation for official duties performed with the non-federal organization
including honoraria, salaries, and contract
payments.
• Utilize appropriated funds to accomplish,
through non-federal organization personnel,
anything that Forest Service employees cannot
be assigned to perform.
• Perform services in support of grass roots
efforts by the non-federal organization to lobby
Congress.

Fiduciary role: A legal duty where one is
bound to act in another’s best interest, such as
a board member acting in the interest of the
organization on whose board the employee
serves, or a trustee acting on behalf of a
beneficiary.

Partnership Guide - May 2005

Working with Partners who are
Fundraising
Working in a Personal Capacity with Non-Federal
Organizations:
What a Forest Service Employee
Needs to Know
• Forest Service employees can participate in
non-federal organizations in an unofficial
personal capacity. Informing supervisors is
encouraged to ensure that federal policies are
being followed.
• Personal participation must occur on an
employee’s personal time, not during official
work time. The Forest Service will not cover an
employee’s travel expenses, authorize the use of
government vehicles, allow meetings on federal
property, or permit the use of government
equipment for this type of participation.
• An employee may not serve in a personal
capacity as an officer of a non-federal organization, member of the board of directors, or in
any similar position if is offered to the employee
based on his or her official Forest Service
assignment or position.
• To serve a non-federal organization for pay or
as an unpaid consultant, a Forest Service
employee may need to seek prior approval [5
CFR, part 8301]
For additional guidance on working in a personal
capacity refer to Appendix H – Additional Legal
References for Conduct and Ethics – and the USDA
Office of Ethics Website (http://www.usda-ethics.net).

Note: Where an employee is an active
participant or fiduciary of a non-federal organization in a personal capacity, the potential for
conflict is very high if there is interest in that
person having significant “official duties” to
perform involving the same organization.

The implementation of many partnership projects
depends upon monetary support, and fundraising is an
important strategy for obtaining the necessary funds.
Non-federal organizations support partnership projects
by providing in-kind services, gifts, donations, and
participating in fundraising campaigns. These kinds of
support are important and appreciated but often
approached by the Forest Service with hesitancy due
to the uncertainty that arises from ethical issues that can
be involved. This section discusses the difference
between fundraising and negotiating with partners in the
context of a partnership agreement, Forest Service
involvement in fundraising events, and a note on coapplying for grants.
It is important to understand that negotiating and
documenting a partnership arrangement, where the
Forest Service and a cooperator are coming together
and contributing resources towards a mutually beneficial outcome, is not considered fundraising. In addition,
the partner contributions to a partnership arrangement
are not considered “gifts” subject to Departmental
Regulations on Acceptance of Gifts (see next section).
Forest Service employees can negotiate with partners
in the context of a partnership agreement and partners
can then fundraise to generate their contribution to the
partnership arrangement.
Partners can fundraise – by direct mail, conducting
events, or other means – and use those funds to contribute towards a mutual benefit arrangement or other
type of agreement. The manner is which the partner
raises funds from outside sources is not governed by
the Forest Service or Department of Agriculture
Regulations. However, government ethics policy and
regulations regarding conflict of interest and avoiding
the appearance of impartiality make it important for the
Forest Service to consider the source of partner
contributions when considering whether to enter into a
partnership arrangement. In addition, if Forest Service
employees are involved in partner fundraising events,
then conduct and ethic guidelines for federal employees
apply, and are detailed below.

Partnership Guide - May 2005

65

Forest Service involvement in fundraising events of
partners or other non-federal organizations is subject to
the same conduct and ethic guidelines for Forest
Service employees in any fundraising event. In other
words, it is extremely limited! Outside of making an
official speech, fundraising in an official capacity is
limited to the, 1) Combined Federal Campaign, 2)
Special solicitations approved by the Director of the
Office of Personnel Management, (e.g., Tsunami Relief
in 2005).
Forest Service Involvement in Partner Fundraising
Events:
What a Forest Service Employee Needs to
Know

66

• Attending fundraising events in an official
capacity is permitted – though restricted to
approved and official remarks. Participation
may not appear to endorse the fundraising effort
or the organization.
• Employees can be named on invitations as
speakers (without title) but neither the employee
nor the agency can be shown as sponsors.
• Employees can wear their uniforms when
attending meetings and fundraising events as
representatives of the agency. Again, their
remarks must be limited to programs, projects,
or subjects related to the agency’s mission.
• Agency employees cannot ask for money or
support, or receive donations on behalf of the
non-federal organization. They can provide
information about how contributions benefit
Forest Service programs.
• Raising funds in a personal capacity for a
charitable non-federal organization that is
completely separate from a person’s federal
government job is allowed other than prohibited
sources or subordinates.
• Federal employees may not use or permit the
use of their position, title, or authority to
support the fundraising effort occurring in his or
her personal capacity.

A Note on Co-Applying for Grants:
Many opportunities exist for employees and partners to
work together on grant proposals and applications for
land stewardship activities. Co-application for grants
requires close work between partners and non-federal
organization for programs that will be jointly delivered.
It is important to ensure that proposed activities follow
agency policy and procedures.
Applying for grants to non-federal entities: Forest
Service employees may assist partners in applying for
grants to the extent that:
• The grant furthers the mission of the Forest
Service
• The Forest Service is authorized to accept the
grant funds for the purposes proposed
• Forest Service employees are authorized by the
agency to perform those duties
Applying for grants to other federal entities*:
Forest Service employees may assist partners in
applying for grants to the extent that:
• The Forest Service is allowed by statute to
apply for such grant money, and
• The three conditions set forth above for nonfederal entities have also been met.

*Note: The Office of General Council,
General Law, is currently reviewing issues
related to USDA scientists co-applying for
federal grants. Those reviews are still being
formulated. Additional information will be
provided in future editions of the
Partnership Guide.

Partnership Guide - May 2005

Definitions of Fundraising and
Solicitation for Forest Service
Employees:
Fundraising: Raising funds for a nonprofit*
organization by: 1) soliciting funds, 2) selling
items, or 3) actually and visibly participating in the
conduct of an event (beyond mere attendance)
where some portion of the cost of attendance may
be taken as a charitable tax deduction.
*Note: This is not approval to raise funds on
behalf of a for-profit organization; such
conduct would be far more restricted.
Solicitation: Asking for something of value either
as a gift or at a price below its market value.
Unless an exception applies, federal employees
may not solicit (or accept) gifts for themselves,
their relatives, or a charity they recommend by: 1)
using their federal position, 2) from subordinates,
or 3) from “prohibited sources.” See section
below on Acceptance of Gifts for regulations
under which THE AGENCY can solicit and
accept gifts.

Forest Service Authority to Accept and
Solicit Gifts/Donations
In the course of developing and documenting mutual
benefit partnership arrangements and working with
grants and cooperative agreements, the involved parties
discuss, negotiate, and document in-kind contributions,
cash, and other program outlays. These contributions
are not considered “gifts” under the terms of gift acceptance laws and regulations, but rather part of the overall
partnership negotiation.
The following section describes the new Department of
Agriculture Regulations on Gifts that are independent of

a mutual benefit arrangement or other partnership
negotiation. The terms “gifts” and “donation” are used
interchangeably in the following discussion and apply to
cash, real property or other forms of contributions to
the Forest Service.
The Forest Service cannot solicit donations unless
authorized by law to accept donations, and may only
solicit donations in the manner authorized by government regulations. The Department’s Gift Act authority,
(7 U.S. C, 2269), authorizes the Secretary and agencies of the Department to accept donations. This law
includes the authority to solicit, but only in the manner
authorized under government-wide ethics regulations
and Departmental ethics and gift acceptance regulations
(DR 5200-3). Navigating between these laws and
regulations is challenging so when a particular issues is
raised, talk with your local office of the Office of
General Counsel (OGC).
In addition to the Gift Act cited above (7 USC, 2269),
the Forest Service has other specific statutory authorities to accept gifts and donations primarily related to
real property as outlined in the Forest Service Manual
5420 (FSM 5420). The Forest Service’s authority to
accept gifts under these statutes is of course, subject to
Departmental Regulation 5200-3, the Department’s gift
acceptance regulation.
Accepting gifts without statutory authority is an improper augmentation of agency appropriations. Such
gifts must be returned to the donor or turned into the
Treasury of the United States as miscellaneous receipts
The USDA Directive on Acceptance of Gifts was
extensively revised in 2003 and sets forth Department
policies and procedures for acceptance and solicitation
of gifts of property, including cash, to the Department
and agencies of the Department. All units of the Forest
Service should have copies of this regulation, be
familiar with its content, and seek guidance from the
Office of the General Counsel and agency ethics
officials whenever questions arise. The full text of the

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67

regulation is available at http://www.ocio.usda.gov/
directives/files/dr/DR5200-003.htm.
Gifts to the Forest Service:
What a Forest Service Employee
Needs to Know

68

• For gifts of personal property, including cash,
the Chief of the Forest Service or the Chief’s
Designee may accept unconditional gifts.
• Conditional gifts of personal property can be
accepted only by the Department’s Chief
Financial officer or that official’s designee.
• Gifts of real property may also be accepted
under the provisions of the Forest Service
Manual (FSM 5420).
• Gifts cannot be accepted from people engaged
with the Forest Service or USDA’s Natural
Resources and Environment mission area as a
contractor or contract bidder, borrower,
grantee, cooperator, lessee, permittee, or other
program participant, with certain exceptions.
Gifts from applicants for Forest Service loans,
grants, leases, or other program participation
also cannot be accepted.
• Some gifts can be accepted from the restricted
sources mentioned above if they are commemorative in nature, specifically authorized by
statute, or if public benefit outweighs an appearance of loss of impartiality. (See Appendix
I – Highlights from the USDA Directive on
Acceptance of Gifts – for additional information
on restricted sources and exceptions.)
• The Forest Service cannot solicit donations
unless authorized by law to accept donations,
and they may only solicit donations in the
manner authorized by government regulations.
Many restrictions exist regarding soliciting for
gifts. Direct mail appeals, direct fundraising
events, hiring development officers, or conducting any game of chance are not allowed. In
addition, gifts MAY NOT be solicited from any
of the restricted sources mentioned above even

if the gift could be accepted as an exception.
• Gifts must be documented with a gift acceptance
letter that includes a statement that acceptance is
not an endorsement. An annual report of gifts
received or copies of all gift acceptance letters
must be submitted to the Department’s Office of
Procurement and Property Management.
• Soliciting multiple or duplicate gifts that creates a
substitute funding stream for routine operational
expenses is not allowed.
Acceptance of Gifts by the National Forest
Foundation
The National Forest Foundation (NFF) was created in
1990 as a non-profit corporation under the National
Forest Foundation Act. The NFF was established to
assist the Forest Service in all of the agency’s program
and mission areas. The purposes of the NFF include
encouraging accepting and administering private gifts of
money and or real and personal property for the benefit
of, or in connection with, the activities and services of
the Forest Service.
Restrictions in the USDA regulations described above
do not apply to the NFF when it accepts gifts for the
benefit of the Forest Service. This unique gift acceptance authority includes authority for the NFF to solicit
funds on behalf of the Forest Service
Gifts to the National Forest Foundation:
What a Forest Service Employee
Needs to Know
• The National Forest Foundation can accept and
solicit gifts on behalf of the Forest Service that
may be controversial or prohibited if given
directly to the agency.
• Gifts that are inconsistent with the purpose and
mission of the Forest Service, or that are not in
the best interest of the agency, may not be
accepted.
• Gifts can include real property and interests in
real property. It can be restricted or provide

Partnership Guide - May 2005

benefit to private interests as long as there is
benefit for the NFF.
• Gifts that contain conditions on their use by the
Forest Service may be improper or unlawful for
the agency to accept. A gift of property with
conditions on its management cannot be accepted if those conditions conflict with land
management planning policies including the
National Environmental Policy Act and the
National Forest Management Act.

Gift: A donation of something of value in which
less than market value is paid or given to the
donor in return. It can be cash, securities, land,
facilities, personal property, and services.

Conditional Gift: A gift made for a specific
purpose or with conditions on its use.

Unconditional Gift: A gifts made with no
conditions on its use. It can be used for any
authorized purpose by the Forest Service.
More information on gifts can be found at the
USDA Office of Ethics website at
http://www.usda-ethics.net/index.htm. The
website includes “Rules at a Glance,” “Gifts
from Outside Sources,” and the text of rules
governing ethics and conduct issues regarding
gifts and donations.

Donor and Partner Recognition
The Forest Service recognizes that partners are essential to protecting and restoring the health of forests,
grasslands, and the communities that depend on them.
Voluntary partner contributions in support of a cause
may come in a variety of forms, including volunteer time
and expertise, materials or other real property, and

money. Recognizing donors and partners for these
important contributions demonstrates the agency’s
appreciation and underscores the value that the Forest
Service places on partnership contributions toward
achieving the mutual goals of the agency, the partner,
and the public.
The section provides general guidelines for donor and
partner recognition. It discusses guidelines for how to
recognize organizations as well as appropriate ways to
recognize individual efforts.
This is not intended to be a comprehensive guide in
donor or partner recognition. A more in depth study
of this issue is underway. It is strongly encouraged
that donor/partner recognition plans be developed
as partnerships are developed and agreements put
in place. While approval of such plans would be at
the unit level, the National Partnership Office
should be considered as a resource and reviewer
during the development of donor/partner recognition plans.
Basic Principles of Donor and Partner
Recognition
• Recognizing the support of donors and partners
is important.
• Appropriate recognition may take the form of
letters of appreciation, press releases, public
events, mementos, signs, displays, plaques,
certificates and other items that commemorate
the gift. (If the donation is considered a “gift”
under the USDA regulations detailed above, an
acceptance letter is required.)
• The donor/partner should be recognized within
the context of the project or program
benefiting from the donation.
• Recognition of corporate donations must not
give the impression of product endorsement,
advertising, commercialization or solicitation.
• All physical forms of onsite recognition should
be tasteful and non-obtrusive. Onsite recogni-

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69

tion may take the form of displays/exhibits,
banners, signs or plaques. Onsite recognition
associated with the provision of services should
be posted in close proximity to the service.
• Donor/partner recognition plans should be
developed. Consult the National Partnership
Office as needed.

Endorsement: The recommendation or
promotion of commercial enterprises, products,
and services are considered endorsements.
Regulations prohibit agencies and employees
from making reference to commercial enterprises
or brand names of commercial products in
interviews, and in written, audio, and visual
materials unless certified by the agency’s information director as in the public interest. References in the public interest include acknowledging the contributions of a commercial enterprise
in an officially approved, mutually beneficial
partnership project when the business, products,
and services are not promoted or recommended.
70

Appropriate:
• “The Pinecone Trailhead is
maintained under a voluntary
agreement by employees of
XYZ Equipment Company in
partnership with the Forest
Service.”
• “The Pinecone Trailhead was
reconstructed with contributions
donated by XYZ Equipment
Company in partnership with the
Forest Service.”
Not appropriate:
• “The Forest Service recommends XYZ Equipment Company for its volunteer assistance
in maintaining the Pinecone
Trailhead.”

Credit lines and logos: Only short, discrete, tasteful
donor credit lines, including name script or a logo, are
appropriate on printed or electronic material, audio/
video products, construction or restoration signs,
wayside exhibits, kiosks, interpretive signs, or as
recognition for a special event. Advertising slogans may
not appear. The Forest Service may not recognize
partners or donors on government motor vehicles.
Interpretive programs (including interpretive
signage): If a donation is integrally related to the
existence of an interpretive program, such programs
may identify the donor or partner and how the donation
is used.
Donor/partner boards and walls: Donor recognition
boards or walls are permitted in visitor centers or other
appropriate visitor facilities. All boards or walls must be
approved in accordance with Department Regulations
104-84.105(4) (a) (1) (see description of the regulation
below, under “Naming).
Special events: The Forest Service is encouraged to
recognize partner or donor support for, or sponsorship
of, Forest Service hosted special events such as festivals, clean-up days, or other volunteer events. This
recognition may appear on banners, posters, flyers, and
similar items. If the Forest Service is the primary host, it
should be clear that it is a Forest Service event held in
cooperation with “xyz” organization or company.
Recognition of donors can include names, name script,
and logos. Recognition may not include specific product
names, slogans or advertisements. The Forest Service
does not have control over non-Forest Service hosted
events in which we are participating.
For guidance of sponsorship recognition at concession
sites please refer to FSM2300, Chapter 2340.03, 11.
Naming: Naming of features or facilities, or other
forms of permanent recognition, may not be used to
recognize monetary contributions or other donations to

Partnership Guide - May 2005

a Forest or the Forest Service. Any exceptions must by
approved by the Chief.
The USDA has issued regulations governing the erection of memorials, plaques, and cornerstones and the
naming of facilities and projects (Departmental Regulations, 104-84.105). A memorial or plaque may be
erected on buildings and building sites in recognition of
outstanding cooperation by a group [104-84.105(4) (a)
(1)]. Approval of a memorial or plaque must be obtained from the Director of the USDA’s Office of
Operations, and the Forest Service must submit a
justification for the memorial or plaque and a sketch or
photograph showing the design or location.
The National Forest Foundation and other NonProfit Partners
The Forest Service may consider accepting donations
through the National Forest Foundation (NFF). Under
the act that created the NFF, the purpose of the NFF
includes accepting private gifts of money for the benefit
of, or in connection with, the activities and services of
the Forest Service (16 USC 583j).
There are a number of other non-profit organizations
which work closely with the Forest Service to help
accomplish the mission of the agency. These non-profit
partners provide another avenue in which private gifts
can be made to support programs, activities or services
of the Forest Service.

Recognizing Individual Effort
Conduct and ethics rules governing federal employees
place limits on the kinds of awards they can give and
receive. The following guidelines on appropriate forms
of recognition for individuals and organizations involved
in partnership and collaborative work will help prevent
problems with ethical issues, while allowing for many
creative ways to recognize and demonstrate appreciation for the hard work of committed individuals.
Forest Service employees recognizing individual
non-federal partners:
• Recognition is most effective when focused at
the local level on specific achievements and
positive results.
• Non-monetary awards such as letters, certificates, plaques, coffee cups, briefcases, or gift
certificates, can be offered to recognize outstanding individuals and express gratitude.
• Awards should display a Forest Service shield
or other appropriate inscription related to the
recognition.
• Monetary or cash awards cannot be offered.
• Recognition ceremonies provide excellent
opportunities to communicate partnership
accomplishments.
• Award ceremonies may offer light refreshments
and incur other miscellaneous costs to enhance
the effectiveness of the event.
• Press releases, newsletters, and success stories
featuring outstanding individuals, their work,
and recognition ceremonies provide further
communication of successes to the general
public and local community.

A Creative Opportunity
Use the talents of creative employees to express
gratitude and provide meaningful rewards. What
better way is there to commemorate a particular
project and significant individual than to write a song
or poem, draw a picture, or frame a photo?
Partnership Guide - May 2005

71

•

Annual Interior and Related
Agencies Appropriation Act
This act gives the Forest Service the specific
authority to provide non-monetary awards and to
incur necessary expenses for the non-monetary
recognition of private individuals and organizations.
For more information, see FSM 6511.13e at
http://www.fs.fed.us/cgi-bin/Directives/get_dirs/
fsm?6500!.

72

Partners recognizing Forest Service employees:
• Both parties should be aware that Forest
Service employees must follow ethical guidelines set by law.
• Forest Service employees may accept tokens
of appreciation such as plaques, certificates,
trophies, and greeting cards.
• Snacks such as coffee or donuts that are not
part of a meal may be accepted.
• Prizes in contests open to the public are acceptable.
• Non-cash awards valued at $200 or less, or
honorary degrees from sources not affected by
the employee’s performance or non-performance of duties, are permitted. Cash awards
and other awards valued at more than $200 are
allowed under special circumstances approved
by an agency Ethics Advisor.
• Conference fee waivers and meals when an
employee is speaking in an official capacity or
attending a widely attended event are permitted.
• Agency employees may receive gifts worth up
to $20 per occasion up to a maximum value of
$50 from any single source per calendar year.
• Gifts based on close personal relationships or
based on outside activities or social events can
be accepted.
• Gifts cannot be accepted in return for being
influenced in the performance of official duties.

Gifts cannot be solicited or coerced by the
employee.
• Gifts accepted so frequently that they appear
questionable are not permitted.
Prohibited gifts must be returned or their market value
paid to the donor. Those that are perishable may be
given to a charity, shared among all employees in the
office, or destroyed

Awards Versus Gifts
The permitted awards described above are not
considered “gifts” as previously defined in “Acceptance of Gifts and Donations.” For more information, visit the USDA Office of Ethics website
(http://www.usda-ethics.net/index.htm).

Award programs
National, regional, and local award programs designed
by the Forest Service are other important ways to
recognize the agency’s partners. Many are annual
programs with specific categories for partnership and
collaborative efforts. For an extensive table of these
programs, visit the Partnership Resource Center
http://www.partnershipresourcecenter.org/resources/
index.php

Partnership Guide - May 2005

X. Communicating Partnership Successes
What to Include
Communicating the accomplishments created by
partnerships can increase the visibility of projects and
partnerships. It can also inspire others to get involved,
create a sense of community, help partnerships learn
from one another, and generate new ideas for creative
projects. There are many ways to raise public awareness of the novel ways that people are working to
support the land and communities. This chapter will
introduce:
• Channels for communication
• What to include in a partnership story
• Available resources
• Forest Service databases that include partnerships

Channels of Communication
Communication can happen through many channels.
Newsletters, press releases, and websites are examples
of communications venues that can be used. The Forest
Service and it partners each have networks for disseminating information. These networks can and should be
used to publicize successes. Field trips, recognition
ceremonies, partner meetings or conferences, and other
special events also provide opportunities to share work
with others. Awards programs designed by the Forest
Service and others recognize individuals on a national,
regional, and local level.
Partnership stories are often shared electronically on
websites. The websites of many on-going partnerships
contain regular updates of their work. Narratives or
success stories are commonly published on the
websites of partner organizations, the National Forest
Foundation, and the Partnership Resource Center.
Websites for the Forest Service, its specific staff areas,
Forests, and Regions also highlight partnership
successes.

Narratives written for any media venue, including
newsletters, flyers, press releases, and websites, are
useful avenues for reporting successes to any audience.
They should describe the who, what, when, where,
why, and how of the partnership along with its accomplishments.
The following is a list of the key elements to include
when writing about the accomplishments of a partnership. Highlight the successes by describing them in the
first paragraph.
• Project name
• Partners involved
• Purpose of the partnership and/or project
• Accomplishments and outcomes
• Dates of the partnership and/or project
• Geographic location including the office,
District, Forest or Grassland, county, state, and
Region for projects involving the Forest Service
• Forest Service and other programs involved
• Funds spent and/or leveraged
• Contact information

Resources
An excellent place to share success stories is through
the Forest Service’s online Success Story Reporting
System. Forest Service employees from any Region can
submit partnership stories online, and the general public
can view these stories and search the database. A
monthly newsletter is generated using the narratives
from this online service. The newsletter is often used to
inform members of Congress and others who want to
know more about the agency’s partnership activities.
(http://ssrs.r9.fs.fed.us/)
The Community Tool Box provides tips for developing
flyers, brochures, newsletters, and press releases.

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73

Developed by the National Park Service’s Rivers,
Trails, and Conservation Assistance Program, its advice
helps with selecting the right tool for reaching the target
audience. (http://www.nps.gov/phso/rtcatoolbox/
index_comtoolbox.htm)

The Forest Service is undergoing a process for developing performance measures for partnerships as part of
its efforts to ensure accountability through improved
business planning. The agency’s Performance and
Accountability Report for 2003 is available online.
(http://www.fs.fed.us/plan/par/2003/final/index.shtml)

“Creating Effective Relationships with the Media” is a
fact sheet that offers tips for generating recognition and
publicity by working with the media. It was developed
by the Social Sciences Institute of the USDA Natural
Resources Conservation Service and is part of the
Institute’s series on People, Partnerships, and Communities. Though focused on partnerships in agriculture,
the publications in this series contain valuable information for any partnership effort.
(http://www.ssi.nrcs.usda.gov/publications/#ppcs)

Forest Service Databases

74

Accomplishments reported by Forest Service employees help the leadership understand the value of partnerships in terms of money saved, work accomplished on
the ground, and relationships built. The Forest Service
uses various database systems that track partnerships
and/or their accomplishments to provide the information
required by Congress on the agency’s partnership
projects. The databases also help with assessing how
the agency can better support partnership efforts. In the
coming years, the agency will be working to improve
the systems for reporting the accomplishments of
partnerships.
The online Partnership Resource Center provides links
to Forest Service data management systems that
contain partnership information. The kind and amount
of data, accessibility to the data, and reporting capability varies widely among these systems. (http://
www.partnershipresourcecenter.org/resources/pubs/
fs_dbs.php).

Partnership Guide - May 2005

Appendix A: Acronyms
APPL: Association of Partners for Public Lands

MOU: Memorandum of Understanding

BIA: Bureau of IndianAffairs

NACO: National Association of Counties

BLM: Bureau of Land Management

NCSSF: National Commission on Science for Sustainable Forestry

CAP: CommunityAssistance Program
NEPA: National Environmental Policy Act
CCR: Central Contractor Registration
NFF: National Forest Foundation
DOI: Department of the Interior
NFPA: National Fire Protection Association
DOT: Department of Transportation
NFS: National Forest System
EIS: Environmental Impact Statement
NGO: Non-governmental organization
EPA: Environmental ProtectionAgency
NPS: National Park Service
F&WS: Fish and Wildlife Service
FACA: Federal Advisory Committee Act

NUCFAC: National Urban and Community Forestry
Advisory Council

FAR: FederalAcquisition Regulations

NWCOS: Northwest Colorado Stewardship group

FS: Forest Service

OMB: Office of Management and Budget

FSH: Forest Service Handbook

PBCI: Poarch Band Creek Indians

FSM: Forest Service Manual

PL: Public Law

FY: Fiscal Year

RAC: Resource Advisory Committee

G&A: Grants and Agreements

RCD: Resource Conservation District

GSA: General Service Administration

RC&D: Resource, Conservation, and Development
Council

HUB Zone: Historically Underutilized Business Zone
RMP: Resource Management Plan
ID: Interim Directive
IRS: Internal Revenue Service

RO: Regional Office. The Forest Service has nine
Regions, each one often referred to as an RO.

MAP: Matching Awards Program
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75

S&PF: The State and Private Forestry branch of the
Forest Service.
SBA: Small Business Administration
SO: Supervisors Office. Each National Forest or
Grassland has an office referred to as the Supervisors
Office.
USC: United States Code

USDA: United States Department of Agriculture

WO: Washington Office – the national headquarters for

the National Forest System.

WSC: Wilderness Stewardship Challenge

WUI Fire Program: National Wildland/Urban Interface

Fire Program

76

Partnership Guide - May 2005

Appendix B: Glossary of Terms
Authority: The Forest Service must have appropriate
authority derived from legislation prior to entering into
any grant, cooperative agreement, or other agreement,
which could result in the use, obligation, or other
commitment of any Forest Service resources.
Building capacity: Increasing the knowledge, skills, or
ability to accomplish work by acquiring or sharing
resources (such as equipment or materials), funding, or
people through their knowledge, skills, and expertise.
Certification: The process of ensuring Grants and
Agreements Specialists meet knowledge, training, and
competency based requirements.
Collaboration: A process where groups that disagree,
often significantly, come together to identify common
interests, define common problems, and seek solutions
that reach beyond what any one of them could accomplish on their own. A collaborative relationship may be
documented through formalized paperwork, but often it
is not.
Collection Agreement: An agreement used to accept
money, equipment, property, or products by the Forest
Service from a non-federal party to carry out a purpose
authorized by law. These agreements may involve both
trust fund collections (advances) and reimbursements.
Co-location: The sharing of buildings and facilities with
other federal agencies or partners.
Co-application: When a federal agency applies for
grants with non-federal organizations.
Conditional gift: A gift made for a specific purpose or
with conditions on its use.
Conflict of interest (or appearance of conflict of
interest): Any action taken by a Forest Service
employee on behalf of a partner that could be construed
by another partner or the public as an entitlement to

obtain special consideration or advantage in current or
future transactions with the agency.
Contributed funds: A voluntary transfer of cash with
consideration for a specific project as authorized under
the Cooperative Funds Act of June 30, 1914 (16 USC
498) and the Granger- Thye Act of April 24, 1950 (16
USC572).
Contribution: To give something to a common purpose, to have a share in any act or effect, or to discharge a joint obligation. Contributions may take the
form of money, materials, supplies, or labor. A contribution is not to be confused with a gift or a donation.
Cooperative Agreement: A legal instrument under
Federal Assistance used by the Forest Service to
document a transaction where the Forest Service is
substantially involved with the project. (See Substantial
Involvement.)
Cost-sharing agreements: Mutual benefit arrangements in which the Forest Service and partner(s) share
mutual interests and benefit in the same qualitative way
from the agreement. Cost-sharing agreements include
Participating Agreements, Challenge Cost Share
Agreements, and Research Joint Venture Agreements.
Deliverable: Product, service, or property that is a
requirement of a contract or agreement.
Direct cost: Expenses that can be specifically attributed to the delivery of a Forest Service program or a
program’s output and accomplishments. Direct costs
include, but are not limited to, personnel costs; material,
supplies, and equipment costs; and other costs such as
office space, computer equipment, and utilities.
Donation: Cash voluntarily provided to the Forest
Service when such transfer is made without any consideration. (See Gift.)

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77

Federal Financial Assistance: A relationship between
a federal agency and a non-federal recipient where the
purpose is the transfer of money, property, services, or
anything of value to the recipient for public benefit, is
referred to as “federal financial assistance.” Assistance
includes, but is not limited to grants, loans, loan guarantees, scholarships, mortgage loans, insurance, and other
types of financial assistance, including cooperative
agreements and technical assistance. A grant or cooperative agreement is the legal instrument used to document a financial assistance transaction.
Fiduciary role: A legal duty where one is bound to act
in another’s best interest, such as a board officer acting
in the interest of the organization the officer serves, or a
trustee acting on behalf of a beneficiary.
Force account work: Work accomplished by permanent or temporary Forest Service personnel.
Forest Plan: A plan developed for each National
Forest describing in general terms the locations and
guidelines under which certain types of uses or projects
can take place.
78

Forest Service funding: Funds appropriated to the
Forest Service, or received by the Forest Service.
Friends association: A nonprofit group organized
outside of the Forest Service.
Gift: A voluntary, gratuitous transfer of property. It can
include any gratuity, favor, discount, entertainment,
hospitality, loan, cash, security, land, facility, personal
property, forbearance, or other item having monetary
value. It includes services such as transportation, local
travel, lodging, and meals, whether provided in-kind,
such as the purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred.
Grant: A legal instrument under Federal Assistance
used by the Forest Service to document a transaction

where the Forest Service is not substantially involved
with the project. (See Substantial Involvement.)
Grants and Agreements (G&A) Specialists: A
Forest Service employee certified to have the responsibility to award, administer, and close-out grants,
Cooperative Agreements, and other agreements.
Indirect costs: Joint or common expenses that are
necessary for the operation of the Forest Service, but
not specifically identifiable with or traceable to a
specific program or output. Often referred to as “overhead,” indirect costs are incurred as part of general
management and administrative support of an organization, and can include office and personnel expenses,
computers, and utilities.
In-kind contributions: Contributions made to the total
cost of a project where the contributor incurs no cash
expense. In-kind contributions may be valued at what it
would have cost if the contributor had paid for the item
or service itself.
Instrument: A document or formalized arrangement
used to accomplish a specific type of work and define
rights, duties, entitlements, and/or liabilities. Examples
include grants, permits, Memoranda of Understanding,
Challenge Cost Share Agreements, Cooperative
Agreements, and other agreements.
Interested party/prohibited source: An entity or
individual who is or seeks to be engaged in a contractual, financial, or business relationship with the Forest
Service, and who has a legally recognized private
interest that may be substantially affected by the proposed activity. Interested parties include Forest Service
permittees, vendors, bidders and potential bidders on
Forest Service Timber sales, licensees, and organizations engaging in activities regulated by the Forest
Service. This concept applies to gifts of real or personal
property and donated funds.

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Interpretive associations: Nonprofit, tax-exempt
corporations that develop and publish cooperative
environmental education and forest history materials to
support the agency’s interpretive and educational
programs and provide high quality service to its visitors.
Liaison: Official liaisons are official Forest Service
representatives assigned to non-federal organizations by
appropriate agency officials when there is a significant
and continuing Forest Service interest in participating in
the given non-federal organization.
Line officer: Forest Service employees with the
authority to make project decisions. Forest Supervisors
and District Rangers are line officers.
Marginal burden rate: The indirect cost charged
when the Forest Service provides services for another
party, including other agencies and partners, through
“reimbursable” type agreements. The marginal rate is
applied to projects in which the work provided by the
agency is not considered normal and recurring, or not
part of a unit’s typical annual program of work. (See
National Burden Rate.)
Matching contributions: The value of third party inkind contributions plus that portion of the allowable
costs of recipients not provided by the federal government.
Memorandum of Understanding (MOU): A written
plan between the Forest Service and other parties for
carrying out their separate activities in a coordinated
and mutually beneficial manner. It is used when there
will not be an exchange of funding or resources but
there is a need to formally document the relationship.
Micro-purchasing: Any procurement less than
$2,500.
Mutual benefit: Mutual benefit exists when both the
government and the partner benefit in the same qualitative way from the objectives of the agreement.

Mutual interest: Interests common to both parties
that relate to the accomplishment of their respective
missions.
National burden rate: The method used by the Forest
Service to calculate and collect indirect costs incurred
when the agency provides services for another party,
including other agencies and partners, that are normal or
recurring for the agency.
Non-cash contribution: A non-monetary contribution
toward the completion of a project.
Official capacity: A federal employee is participating
officially in an activity or organization if assigned by a
superior, working on official time, travel costs are
covered, using a government vehicle, in official uniform,
on federal premises, or invited to participate as a result
of one’s official position.
Open-ended agreements: In all cost-sharing arrangements (Participating Agreements, Challenge Cost Share
Agreements, and Research Joint Venture Agreements),
open-ended agreements can cover long-term projects
(but not more than five years) for which the Forest
Service has funding available for only the first year (or
other period).
Other agreements: Forest Service instruments which
are not considered federal assistance relationships
within the coverage of the Federal Grants and Cooperative Agreements Act of 1978 (31 USC 6301-6308).
This includes the following agreement types: Participating, Challenge Cost Share, Joint Venture, Cooperative
Research and Development, and Cost-Reimbursable.
Partner (Cooperator): An individual or entity that
voluntarily cooperates with the Forest Service on a
project and is willing to formalize the relationship by
entering into a Memorandum of Understanding or other
agreement such as Challenge Cost Share, Collection,

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79

Interagency, Participating, Research Joint Venture,
Cooperative Research and Development, or Research
Cost-Reimbursable Agreements.
Partnership: A voluntary, mutually beneficial arrangement entered into for the purpose of accomplishing
mutually agreed upon objective(s). Specific legislative
authority must exist to form partnerships where the
parties anticipate exchanging funds, property, or other
items having value.
Procurement (also procurement transaction): A
written legal contract between the Forest Service and a
non-federal entity that documents the purchase or lease
of property or services by the Forest Service for its
direct benefit or use.

80

Prohibited sources: Individuals, organizations, or
businesses with litigation pending with the agency;
seeking to obtain a contract, lease, or other business
from the agency; conducting operations regulated by the
agency; having interests that may be substantially
affected by performance or non-performance of an
employee’s official duties; or that have been suspended
or terminated from participating in USDA programs or
its agencies.
Public benefit: Activities that accomplish a public
purpose.
Recipient: An organization receiving Federal Financial
Assistance directly from the Forest Service to carry out
a project or program.
Reimbursable agreements: Agreements between
parties where the performing entity agrees to provide
the resources and perform services on behalf of the
paying entity. The paying entity pays for the resources
and services provided on its behalf by the performing
entity. Costs are borne initially by the performing entity,
and subsequently those costs are forwarded to the
paying entity for reimbursement, in accordance with the
terms of the agreement.

Signatory official: A Forest Service employee with
written authority to execute and be the responsible
party for grants, cooperative agreements, and other
agreements for programs under their jurisdiction.
Sole source determination: A determination made by
a contracting officer that no other organization has the
capacity and qualifications to provide the good or
service in question except the specific organization
identified.
Solicitation: A specific, written document or oral
request for money.
Substantial involvement: The Forest Service is
substantially involved in a project when the agency
reviews and approves one stage of work before the
next stage can begin, reviews and approves proposed
subgrants and contracts, is involved in the selection of
key recipient personnel, and/or directs or redirects the
work because of interrelationships with other projects.
Technical assistance: Non-financial assistance
provided by an employee to a recipient or partner, such
as sharing information and expertise. This does not
include the transfer of funding.
Unconditional gift: A gift made with no conditions on
its use. It can be used for any authorized purpose by
the Forest Service.
Volunteer: A person who gives time and talent to
advance the mission of the Forest Service and who
receives no salary or wages from the Forest Service for
the voluntary service. A sponsored volunteer is supervised by another institution or organization or by a unit
of state or local government.

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Appendix C: Contacts and Partner Websites
National Forest Foundation Contacts
To contact the National Forest Foundation, visit
http://www.natlforests.org/contact_us.html.

Forest Service Contacts
For links to the following Forest Service contacts, visit
the Partnership Resource Center – http://
www.partnershipresourcecenter.org/contact_us.php.
• Cooperative Fire Protection Program Contacts
• Interpretive Association Coordinators
• Partnership Coordinators and National Partnership Office
• Tribal Coordinators
• Volunteer Coordinators
For Grants and Agreements Specialists, visit the Forest
Service’s Acquisition Management website –
http://www.fs.fed.us/business/.

Federal Agencies Partnership Websites
National Park Service –
http://www.nps.gov/partnerships/
U.S. Army Corps of Engineers –
http://corpslakes.usace.army.mil/partners/partners.html
U.S. Department of Interior –
http://www.doi.gov/partnerships/
U.S. Environmental ProtectionAgency –
http://www.epa.gov/epahome/partnerships.htm
U.S. Fish and Wildlife Service –
http://partnerships.fws.gov/
U.S. Geological Survey –
http://www.usgs.gov/partnerships.html

Other Partners
An extensive list of partner websites is available on the
Partnership Resource Center website – http://
www.partnershipresourcecenter.org/find/alpha.php
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81

Appendix D: Forest Service Regions

82

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Appendix E: State and Private Forestry Programs
Note: Appendix A – Glossary of Terms – defines acronyms used in this table.

Administrative Program
Unit
Cooperative
Forestry

Economi c
Action
Programs

Economic
Recovery

Rural
Development

Forest
Products
Conservation
& Recycling

Goals

Partners

Facilitate and foster
sustainable community development,
including healthy
communities, sustainable ecosystems, and
diverse economies

RC&Ds, NACOs,
state foresters, tribes,
Economic development organizations,
NGOs, other federal
agencies, local businesses and community
leaders
Provide technical and National Forests, local
financial assistance to action teams adjacent
to National Forests
build capacity and
diversify the economies of natural
resource dependent
rural communities
located in or near
National Forests

Links
http://www.fs.fed.us/spf/
coop/programs/eap/
index.shtml

http://www.fs.fed.us/spf/
coop/programs/eap/
rca.shtml

Facilitate and stimulate economic
potential of local
economies historically
dependent on forest
resources

http://www.fs.fed.us/spf/
RC&Ds, NACOs,
coop/programs/eap/
state foresters, Ecorca.shtml
nomic development
organizations, NGOs,
other federal agencies,
local businesses and
community leaders

Technical and marketing assistance to
improve processing
and use of forest
products waste,
residues and lowvalued timber

States, universities,
forest industries

Forest
Provide a broad
Products Lab - scope of expertise in
Technology
wood products,
Marketing
utilization and
Unit
marketing, technology transfer, and
technical assistance.

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http://www.fs.fed.us/spf/
coop/programs/eap/
eap_products.shtml
http://www.fpl.fs.fed.us/
fpcr_dir.html

http://www.fpl.fs.fed.us/
http://www.fpl.fs.fed.us/
tmu

83

Administrative Program
Unit

Goals

Partners

Financial and technical RC&Ds, state DOTs,
Wood in
Transportation assistance for demon- universities, FS
stration and commerResearch Stations
cialization of woodbased technologies for
transportation
Institute of
Hardwood
Technology
Transfer
and Applied

Links
http://www.fs.fed.us/na/wit

Provides technical
Products Lab
and financial assistance to customers in
the eastern hardwood
region to address
economic, environmental, technological,
and social challenges
by providing state of
the art access to
information resources.

Landowner
Assistance
Programs
84

Private landowner
groups, state forestry
agencies, private
forestry consultants,
tribes

http://www.fs.fed.us/spf/
coop/programs/loa/
index.shtml

State Stewardship
Committees, state
foresters, tribes,
conservation districts

http://www.fs.fed.us/spf/
coop/programs/loa/
fsp.shtml

Forestry
Stewardship
Program

Enable private forest
landowners to create
forest management
plans to meet personal
forest management
goals while providing
environmental, economic and social
public benefits

Forest
Legacy

To protect environState Stewardship
mentally important
Committees, conserprivate forests across vancies, land trusts
the nation and promote the sustainable
forest management of
those working lands to
provide benefits to
people and society
Partnership Guide - May 2005

http://www.fs.fed.us/spf/
coop/programs/loa/
flp.shtml

Administrative Program
Unit

Goals

Partners

Links

Forestland
Enhancement
Program

State Stewardship
Provide educational,
technical, and financial Committees
assistance to help
private forest landowners implement their
sustainable forestry
management
objectives

http://www.fs.fed.us/spf/
coop/programs/loa/
flep.shtml

Reforestation,
Nurseries and
Genetic
Resources

Provide seedlings for
reforestation, technical assistance to
landowners, establish
genetically superior
strains, transfer
technology to states

http://www.rngr.net/

Fire and Aviation
Management

Protect life, property,
and natural resources
on the 192 million
acres of NFS lands
and an additional 20
million acres of
adjacent state and
private lands
Wildland Fire
Management

State and territorial
foresters, DOI, BIA,
F&WS, NPS

(Includes Preparedness and Operations)

Preparedness Coordinate activities
associated with
planning, prevention,
detection, information
and education, preincident training,
equipment and supply
purchase
Operations

Coordinate activities
associated with
suppression of wildland fires, hazardous
fuel reduction and
burned area emergency rehabilitation
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http://www.fs.fed.us/fire/

85

http://www.fs.fed.us/fire/
partners
http://smokeybear.com
http://firewise.org

http://www.fs.fed.us/fire/

Administrative Program
Unit

Goals

Partners

Links

Cooperative
Fire Protection

Provide financial and
technical support to
states to promote
efficient wildland fire
protection by providing equipment,
training and technical
assistance to local
volunteer fire
agencies.

http://www.fs.fed.us/fire/

Federal
Excess
Personal
Property

Re-use excess
federal property for
use in rural and
wildland fire fighting

http://www.fs.fed.us/fire/
partners/fepp

Protect and improve
the health of
America’s forests

State foresters; other
federal, state and local
agencies and state
departments of agriculture; National Forests;
tribes; universities and
research communities

Forest
Health
Monitoring

Monitor the forests
of the U.S. to
determine improvements or detrimental
changes to forest
health that occur
over time. Report
annually concerning
such monitoring.

State foresters, FS
Forest Inventory and
Analysis

Forest Health
Management

Evaluate forest insect
and disease situations.
Direct and implement
measures to prevent,
retard, or suppress
unwanted, native and
invasive forest insects,
pathogens, and plants
affecting trees and
forests.

State foresters, other
federal agencies,
National Forests, state
Departments of
Agriculture, tribes,
universities and
research communities

Forest Health
Protection

http://www.fs.fed.us/
foresthealth/

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Partnership Guide - May 2005

http://fhm.fs.fed.us/

http://www.fs.fed.us/
foresthealth/
forest_health_management.shtml

Administrative Program
Unit

Urban and
Community
Forestry

Goals

Partners

Links

Technology
Development

Develop and apply
cutting-edge technologies, such as Geographic Information
Systems, Insect and
Pathogen Modeling,
Aerial Photography,
and Data Visualization

State foresters, other
federal agencies,
National Forests, state
Departments of
Agriculture, FS Research, universities and
research communities

Technical
Assistance

Provide technical
information and
advice on the various
techniques available to
maintain healthy
forests

State foresters, other
federal agencies,
National Forests, state
departments of agriculture, tribes

http://www.fs.fed.us/
foresthealth/pesticide/
index.shtml

Pesticide
Management
and
Coordination

Provide technical
information and
advice in managing
and coordinating the
use of pesticides,
report uses on NFS
lands, and conduct
human health and
ecological risk assessments

State foresters, other
federal agencies,
National Forests, state
departments of agriculture, tribes

http://www.fs.fed.us/
foresthealth/pesticide/
index.shtml

Provide technical and
financial assistance to
help improve the
quality of life in towns,
communities, and cities
by improving the
stewardship of urban
natural resources

State foresters,
http://www.fs.fed.us/ucf/
RC&Ds, Economic
development organizations, state and local
governments, other
federal agencies, tribes,
local business and
community leaders

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Partnership Guide - May 2005

Administrative Program
Unit

Goals

Partners

Links
http://www.treelink.org/
nucfac

National
Urban and
Community
Forestry
Advisory
Council
(NUCFAC)

Provides advice on
urban and community
forestry to the
Secretary of Agriculture. Council members are drawn from
all levels of government, citizen action
groups, industry and
trade associations,
educational institutions, and nonprofit
organizations.
NUCFAC tasks
include: develop a
national urban and
community forestry
action plan; evaluate
implementation of the
plan; and develop
criteria and make
recommendations for
an urban and community forestry
challenge cost-share
program.

Any non-federal
nonprofit or for-profit
organization or agency,
tribes

Green
Infrastructure

Provides training
through a partnership
with the Forest
Service, F&WS and
The Conservation
Fund using a strategic
approach to conservation that addresses the
ecological, social and
economic impacts of
sprawl and the accelerated consumption
and fragmentation of
open land.

State foresters,
RC&Ds, Economic
development organizations, state and local
governments, other
federal agencies,
tribes, local business
and community leaders

88

Partnership Guide - May 2005

http://
www.greeninfrastructure.net/

Administrative Program
Unit

Goals

Partners

Links

Provides innovative
technology and
resources to improve
the condition of urban
ecosystems, watershed and wildlife
habitat.

http://www.fs.fed.us/ucf/
State foresters,
program_overview.htm
RC&Ds, Economic
development organizations, state and local
governments, other
federal agencies, tribes,
local business and
community leaders

Conservation
Education

Connect people to the
land by providing
them with the tools
they need to take
informed actions
related to sustaining
natural and cultural
resources

Connect people to the http://na.fs.fed.us/spfo/ce/
land by providing them index.cfm
with the tools they
need to take informed
actions related to
sustaining natural and
cultural resources

Office of Tribal
Relations

Implement Forest
Service tribal relations
policies and continue
to build long-term,
collaborative working
partnerships with
Indian tribes

http://www.fs.fed.us/spf/
Indian tribe, band,
nation, pueblo, commu- tribalrelations/
nity or other organized
group (including Alaska
Natives) within the
U.S. that the Secretary
of the Interior has
identified on the most
current list of tribes
maintained by the BIA

Coordinates the
Forest Service’s
leadership responsibilities for sustainable
forest and resource
management through
extensive multistakeholder collaboration and integrated
actions with federal
and external partners

Federal, state, and local
governments; tribes;
non-governmental
organizations; businesses. International
and domestic

Technology
Transfer

Sustainable
Resource
Management

Partnership Guide - May 2005

http://www.fs.fed.us/
sustained/msie4.html

89

Administrative Program
Unit
Other National
Programs

Goals

Partners

Links

Communitybased watershed restoration partnerships

Utilize partnerships to
restore large-scale
watersheds at 16 sites
across the U.S.

Conservation districts,
water quality councils,
nonprofit organizations,
RC&Ds, tribes, county
commissioners, private
landowners, local
communities, state
forestry and environmental departments,
other federal agencies

http://www.fs.fed.us/
largewatershedprojects/

National
Agroforestry
Center

Develop and disseminate agroforestry
technologies and
information

USDA Natural
Resources Conservation Service

http://www.unl.edu/nac/

Resource
Conservation
and Development

Work with local
RC&Ds to deliver
S&PF programs to
enhance conservation
of natural resources

Other USDA agencies, non-governmental
organizations

http://www.rcdnet.org/

90

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Appendix F: Statutory Authorities
The authorities described in Forest Service Manual
(FSM) 1580.11 – 1580.16 are the most commonly
used statutory authorities for government-wide, servicewide, and specific deputy area use (National Forest
System, State and Private Forestry, Research and
Development, and International Programs). The FSM is
available online. (http://www.fs.fed.us/im/directives/)
1580.1 – Authority
The Forest Service must have appropriate statutory
authority prior to entering into any grant, cooperative
agreement, or other agreement which could result in the
use, obligation, or other commitment of any Forest
Service resources.
1580.11 – Government-wide Use
• The Economy Act of June 30, 1932 (31
USC 1535, Public Law 97-258 and 98-216) –
Section 601 of this Act authorizes one federal
agency to requisition work, services, supplies,
materials, or equipment from another federal
agency (FSM 1585.12).
• The Act of August 27, 1958 (23 USC 308(a),
Public Law 85-767) – This Act authorizes the
Federal Highway Administration to perform by
contract or otherwise, authorized engineering or
other services in connection with the survey,
construction, maintenance, or improvement of
highways on behalf of other government agencies (FSM 1585.13).
• Intergovernmental Cooperation Act of
1968, as amended by the Intergovernmental
Cooperation Act of September 13, 1982 (31
USC 6501-6508, Public Law 97-258) – Title
III of this Act authorizes the Forest Service to
provide special or technical services to states or
subdivisions of states (FSM 1584.15).
• Federal Technology Transfer Act of 1986
(15 USC 3710a, Public Law 96-480) – This
Act authorizes the Forest Service to enter into
cooperative research and development agreements for technological transfer for commercial
purposes (FSM 1587.14).

• Federal Grants and Cooperative Agreements Act of 1977, as amended by the Using
Procurement Contracts and Grant and Cooperative Agreements Act of September 13, 1982
(31 USC 6301-6308, Public Law 97-258) –
Unless the relationship is otherwise specified by
statute, this Act requires that federal agencies
characterize the relationship between a federal
and non-federal party as one of a procurement
contract or of Federal Financial Assistance. The
selection of a particular instrument, such as a
procurement contract or an assistance instrument, to document the transaction is determined
by this relationship. Consider specific laws,
regulations, and the vesting of title to property in
research activities (FSM 1580.6 and FSM
1582).
• United States Information and Exchange
Act (22 USC 1451 and 1479, Public Law 97241) – This Act authorizes the Forest Service
to cooperate with foreign governments by
providing at its request Forest Service employees with specific technical or professional
qualifications (FSM 1584.16).
1580.12 – Service-wide Use
• Cooperative Funds Act of June 30, 1914
(16 USC 498 as amended by Public Law
104-127) – This Act authorizes the Forest
Service to accept money received as contributions toward cooperative work in forest
investigations or protection, management, and
improvement of the National Forest System
(FSM 1584.11).
• Granger-Thye Act of April 24, 1950 (16
USC 572) – Section 5 of this Act authorizes
the Forest Service to perform work to be done
for the benefit of the depositor, for administration, protection, improvement, reforestation,
and such other kinds of work as the Forest
Service is authorized to do on lands of the
United States: (a) on state, county, municipal,
or private land within or near National Forest

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91

•

•

•

92

•

•

land, or (b) for others who occupy or use
National Forests or other lands administered by
the Forest Service (FSM 1584.12).
Acceptance of Gifts Act of October 10,
1978 (7 USC 2269, Public Law 95-442) –
This Act authorizes Forest Service acceptance
of cash, as well as donations of real personal
property (FSM 1584.13).
Cooperative Funds and Deposits Act of
December 12, 1975 (16 USC 565a1-a3,
Public Law 94-148) – This Act authorizes the
Forest Service and partners to perform work
from which they would accrue mutual nonmonetary benefit (FSM 1587.11).
Interior and Related Agencies Appropriations Act of 1992 (Public Law 102-154,
(Challenge Cost Share)) – This Act authorizes
the Forest Service to cooperate with others in
developing, planning, and implementing mutually
beneficial projects that enhance Forest Service
activities, where the partners provide matching
funds or in-kind contributions. Partners may be
public or private agencies, organizations,
institutions, or individuals (FSM 1587.12). The
Act also gives the agency the authority to
provide non-monetary awards and to incur
necessary expenses for the non-monetary
recognition of individuals and organizations
(FSM 6511.13e).
Title 7, United States Code, Section 2204a
– This section provides for the exchange of
personnel and facilities in each field office of the
Department of Agriculture to the extent necessary and desirable to achieve the most efficient
use of personnel and facilities, and to provide
the most effective assistance in the development
of rural areas in accordance with state rural
development plans (FSM 1585.11).
Federal Employees International Organization Service Act (5 USC 3343 and 35813584, as amended) – This Act authorizes the
Forest Service to send employees to an international organization which requests services for a

period not to exceed 5 years.
• National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (Public Law
95-113), as amended by the Food Security Act
of 1985 (7 USC 3318, and 3319, Public Law
99-198) and further amended by Public Law
105-198 – This Act authorizes the Forest
Service to:
o Enter into joint venture agreements with
any entity or individual to serve the
mutual interest of the parties in agricultural research and teaching activities,
whereby all parties contribute resources
to accomplish those objectives (7 USC
3318(b)).
o Enter into cost reimbursable agreements
with state cooperative institutions or
other colleges and universities without
regard to any requirement for competition, for the acquisition of goods or
services, including personal services, to
carry out agricultural research or
teaching activities of mutual interest (7
USC 3319(a), FSM 1587.13).
• Youth Conservation Corps Act of 1970 (16
USC 1701-1706, 1723) as amended by the
Title II, Public Land Corps Act of 1993 (Public
Law 91-378) – This Act authorizes the Forest
Service to utilize the Corps or any qualified
youth or conservation corps to carry out appropriate conservation projects on public lands,
Indian lands, and Hawaiian homelands. Conservation projects may be carried out on state,
local, or private lands as part of disaster prevention or relief efforts in response to an emergency or major disaster declared by the President (FSM 1581.25(a)).
• Volunteers in the National Forest Act of
1972, as amended (16 USC 558a – 558d,
Public Law 92-300) – The Secretary is authorized to recruit, train, and accept individuals as
volunteers for or in aid of interpretive functions,
visitor services, conservation measures and

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development, or other activities in and related
to areas administered by the Secretary through
the Forest Service. The Secretary is authorized
to provide for incidental expenses.

stewardship and provide increased assistance
to others to plant and maintain trees and
improve forests in rural areas (FSM 1581.14).

1580.13 – Research
• Forest and Rangeland Renewable Resources Research Act of 1978, as amended
(16 USC 1641-1646, Public Law 95-307) –
This Act authorizes implementation of a program of forest and rangeland renewable resources research, dissemination of the research
findings, and the acceptance of gifts, donations,
and bequests and the investing thereof (FSM
1581.11 and FSM 1584.14).

1580.15 – International Programs
• The International Forestry Cooperation
Act of 1990 (16 USC 4501, Public Law 101513, as amended) – This Act authorizes Forest
Service cooperation and assistance with
domestic and international organizations to
further international programs which support
global environmental stability, scientific exchange and educational opportunities, and
technical and managerial expertise (FSM
1581.12).

1580.14 – State and Private Forestry
• Cooperative Forestry Assistance Act of
1978, as amended (16 USC 2101-2114,
Public Law 95-313) – This Act authorizes the
Forest Service to work through and in cooperation with state foresters or equivalent agencies, and other countries in implementing
technical programs affecting non-federal forest
lands (FSM 1581.13).
• National Forest Dependent Rural Communities Economic Diversification Act of 1990
(7 USC 6601 note, Public Law 101-624) –
Title XXIII, Subtitle G, Rural Revitalization
Through Forestry, authorizes Forest Service
establishment and implementation of educational
programs and technical assistance to businesses, industries, and policy makers to create
jobs, raise incomes, and increase public revenues in ways that are consistent with environmental concerns (FSM 1581.15).
• America the Beautiful (16 USC 2101,
Subtitle C, Public Law 101-624) – This law
created the National Tree Trust, a nonprofit
foundation, to promote public awareness and
solicit private sector contributions to encourage
tree planting projects. It allows the Forest
Service to promote principles of basic forest

1580.16 – National Forest System
• Cooperative Law Enforcement Act of
August 10, 1971 (16 USC 551a, Public Law
92-82) – This Act authorizes Forest Service
cooperation with state or political subdivisions
to enforce or supervise laws and ordinances of
a state or political division on National Forest
System lands (FSM 1582).
• The Reciprocal Fire Act of May 27, 1955
(42 USC 1856a, Public Law 84-46) – This Act
authorizes the Forest Service to enter into
reciprocal agreements with any fire organization
maintaining fire protection facilities in the vicinity
of National Forest lands (FSM 1582).
• National Forest Roads and Trails Act of
October 13, 1964 (16 USC 532-538,
Public Law 88-657) – This Act authorizes
Forest Service financing and/or cooperation
with other public agencies, private agencies, or
individuals for acquisition, construction, and
maintenance of forest development roads within
or near National Forests (FSM 1582).
• National Trails System Act (16 USC
1246(h), Public Law 90-543) – This Act
authorizes Forest Service cooperation with the
states or their political subdivisions, landowners,
private organizations, or individuals to operate,

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•

•

94

•

•

develop, and maintain any portion of national
trail system trails either inside or outside a
federally administered area (FSM 1581.21).
Wild and Scenic Rivers Act (16 USC 1271
et seq., Public Law 90-542) – This Act authorizes Forest Service cooperation with states or
their political subdivisions, landowners, private
organizations, or individuals to plan, protect,
and manage river resources (FSM 1581.22).
Federal Noxious Weed Act of 1974 (Public
Law 93-629, 7 USC 2801 et seq., Public Law
101-624) – Title XIV, Subtitle D: Other Conservation Measures, authorizes the Forest
Service to issue cooperative agreements with
state agencies (or political subdivisions responsible for the administration or implementation of
state laws regarding undesirable plants) for
establishment of undesirable-plant management
programs and integrated management systems
to control or contain undesirable plant species,
and to issue specific cost-sharing cooperative
agreements with state and local agencies to
manage noxious weeds in an area if a majority
of landowners in that area agree to participate
in a noxious weed program (FSM 1581.23).
National and Community Service Act of
1990 (42 USC 12501, Public Law 101-610) –
Subtitle C, National Service Trust Program,
establishes the Corporation for National
Community Service, which may enter into
contracts or cooperative agreements with
federal agencies to support a national service
program carried out by the agency (FSM
1581.24). • .
Sikes Act of September 1, 1960 (16 USC
670g-6701, 670o, Public Law 86-797, as
amended) – This Act authorizes the Forest
Service to cooperate with state wildlife agencies
in conservation and rehabilitation programs for
fish, wildlife, and plants considered threatened
or endangered (FSM 1581.26).

1587.15 – Wyden Amendment (Watershed Restoration and Enhancement Agreements)
In accordance with specific statutory authorities, this
law allows the Forest Service to enter into cooperative
agreements with willing federal, tribal, state, and local
governments, private and nonprofit entities, and landowners. The purpose of these agreements is to protect,
restore, and enhance fish and wildlife habitat, as well as
other resources on public or private land that benefit
those resources within the watershed. The benefits are
to improve, maintain, or protect ecosystem conditions
through collaborative administration and/or implementation of projects; improve collaborative efforts across
all ownerships, not limited solely to adjacent Forest
Service lands; and increase operational effectiveness
and efficiency through coordination of efforts, services,
and products.
Cooperative agreements used may include the types of
instruments contemplated under this chapter (FSM
1587.03). In addition, Federal Financial Assistance
instruments (grants or cooperative agreements) may be
used when their use is appropriate (FSM 1581.03).
The full authority is the Department of Interior and
Related Agencies Appropriations Act, 1999, FSM
1587.15, FSH 1509.11, Chapter 60, Wyden Amendment, Section 323(A), as included in Public Law 105277, Div. A, Section 101 (e) as amended by Public
Law 107-63, Section 330.

Partnership Guide - May 2005

Appendix G: Reading List
Articles and Books
Peter S. Adler and Juliana Birkhoff. 2002. Building
Trust: When Knowledge from ‘Here’ Meets Knowledge From “Away”. [http://www.resolv.org/about/
pubs.html.] Policy Consensus Center.

Jackie Diedrich and Jeffrey Vail. June 2004. “The River
Partnership Paradigm: Legal Authorities and Case
Study.” [http://www.partnershipresourcecenter.org/
resources/pubs/index.php.]

Gail Bingham. What is Consensus-Building and Why
is It Important for Resource Management? [http://
www.resolv.org/about/pubs.html.] Resolve, Inc.

Barbara Gray. 1989. Collaborating: Finding Common Ground for Multiparty Problems. Jossey-Bass
Management Series.

Gail Bingham. 2003. When the Sparks Fly: Building
Consensus when the Science is Contested. [http://
www.resolv.org/about/pubs.html]. Resolve, Inc.

Roy J. Lewicki, Barbara Gray, Michael Elliott. 2002.
Making Sense of Intractable Environmental Conflicts: Frames and Cases. Island Press.

Ronald D. Brunner, Christine H. Colburn, Christina
M. Cromley, Roberta A. Klein, Elizabeth A. Olson,
Ronald Brunner, and Elizabeth A. Olson. 2002.
Finding Common Ground: Governance and
Natural Resources in the American West. New
Haven: Yale University Press.

Russell M. Linden. 2002. Working Across Boundaries: Making Collaboration Work in Government
and Nonprofit Organizations. Jossey Bass Nonprofit
and Public Management Series.

Naomi Cohn, 1998. What’s Working on Working
Rivers: a Handbook for Improving Urban Rivers:
Examples from Chicago Area Rivers. Chicago
Rivers Demonstr. Proj. Handb. Milwaukee, WI:
U.S. Department of the Interior, National Park
Service, Rivers, Trails, and Conservation Assistance
Program. 37 p. [http://www.ncrs.fs.fed.us/pubs/
viewpub.asp?key=1992]

Mt. Baker-Snoqualmie National Forest. 2001. Beyond
Boundaries: Resource Stewardship in the Skagit River
Basin [web version: http://www.fs.fed.us/r6/mbs/
publications/beyond_boundaries/index.html]. [pdf
version: http://www.fs.fed.us/r6/mbs/publications/
beyond_boundaries/BeyondBoundaries.pdf].
Rosemary O’Leary, Lisa B. Bingham, Lisa Bingham.
2003. The Promise and Performance of Environmental Conflict Resolution. Resources for the Future.

Chrissy Coughlin, Merrick Hoben, Dirk Manskopf,
and Shannon Quesada. 1999. A Systematic Assessment of Collaborative Resource Management
Partnerships. [http://www.snre.umich.edu/ecomgt/
pubs/crmp.htm]. A Master’s Project completed for
the School of Natural Resources and Environment,
University of Michigan.

Pauline Rosenau, editor. 2000. Public-Private Policy
Partnerships. The MIT Press.

Steven E. Daniels and Gregg B. Walker. 2001.
Working Through Environmental Conflict: The
Collaborative Learning Approach. Praeger
Publishers.

Julia Wondolleck and Steven Yaffee. 2001. Sustaining
the Success of Collaborative Partnerships: Revisiting the Building Bridges Cases. Research report
submitted to USDA Forest Service, Pacific NW
Research Station, under USDA Cooperative Agreement #PNW 95-0728.

David Straus and Thomas C. Layton. 2002. How to
Make Collaboration Work: Powerful Ways to Build
Consensus, Solve Problems, and Make Decisions.
Berrett-Koehler Publishers.

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95

Julia M. Wondolleck and Steven L. Yaffee. 2000.
Making Collaboration Work: Lessons from Innovation in Natural Resource Management. Washington,
D.C.: Island Press.

Conservation Technology Information Center. Building
Local Partnerships: A Guide for Watershed Partnerships. [http://www.ctic.purdue.edu/KYW/Brochures/
BuildingLocal.html]

Steven L. Yaffee, Julia M. Wondolleck, and Steven
Lippman. 1997. Factors that Promote and Constrain
Bridging: A Summary and Analysis of the Literature.
[http://www.snre.umich.edu/ecomgt//collaboration/
Factors_that_Promote_and_Contrain_Bridging.pdf].
University of Michigan Ecosystem Management Initiative. Report submitted to the USDA-Forest Service,
Pacific Northwest Research Station.

Carol Daly. The Collaboration Handbook. Prepared by
Carol Daly, Flathead Economic Policy Center. [http://
www.redlodgeclearinghouse.org/pdfs/handbookfull.pdf].

Steven L. Yaffee and Julia Wondolleck. 2001. “Making
Collaboration Work.” [http://www.snre.umich.edu/
ecomgt//pubs/collabwork.pdf]. Conservation Biology
in Practice 1(1).

Handbooks/Guides
Bureau of Land Management National Landscape
Conservation System. 2003. Partnership Questions and
Answers. [http://www.blm.gov/nlcs/partnerships/
qa.html]. National Landscape Conservation System.

Forest Service Grants and Agreements Desk Guide
[http://www.fs.fed.us/business/.]
Jennifer Grunter, editor. 2004. The Community Forestry
Guidebook: Tools and Techniques for Communities in
British Columbia. [http://www.forrex.org/publications/
forrexseries/fs15.pdf.]
U.S. Environmental Protection Agency and Suquamish
Tribe. Community-based Environmental Planning – An
Overview for Tribal Planners and Community Leaders.
[http://www.4sos.org/wssupport/group_support/
CBEPReportColor.pdf].

96

Bureau of Land Management and Sonoran Institute.
2000. Desktop Reference Guide to Collaborative
Community-based Planning. [http://nps.sonoran.org/
library/desktop_reference.pdf].
Barb Cestero. 1999. “Beyond the Hundredth Meeting:
A Field Guide to Collaborative Conservation on the
West’s Public Lands.” [http://nps.sonoran.org/library/
beyond_meeting.pdf.] Sonoran Institute.
Jo Clark. 1997. Watershed Partnerships: A Strategic
Guide for Local Conservation Efforts in the West.
[http://www.westgov.org/wga/publicat/wsweb.htm.]
Prepared for the Western Governors’Association.

Partnership Guide - May 2005

Appendix H: Additional Legal References for Conduct and Ethics

This appendix provides more formal legal references for
conduct and ethics practices in the Forest Service and
USDA.

Working in an Official Capacity with
Non-Federal Organizations (NFOs)
Conflicts of Interest/Impartiality
Forest Service Employees May:
• Serve in any non-fiduciary, non-employee
position that is reasonably required to accomplish the agency mission such as a Forest
Service liaison, technical advisor, committee
chairman, or member. (If there are any conflict
or interest or impartiality concerns they need to
have been addressed or waived in advance.)
Forest Service Employees May Not:
• Participate as a fiduciary (officer, director, or
trustee) or as an employee of the NFO unless
specifically authorized by statute or a departmental waiver (18 USC 208.) Requests for
Departmental Waivers must be submitted
through the Mission Area Ethics Advisor in the
Washington Office.
• Participate in any other official capacity if you
already:
o Serve in your personal capacity as a
fiduciary or employee of that organization (see 18 USC 208); or
o Participate actively in your personal
capacity such as committee chair,
fundraiser, or spokesperson (see 5
CFR 2635, Subpart E). (Note: This
doesn’t include simple membership.)

Internal Issues
Forest Service Employees May:
• Participate in discussions on issues related to
Forest Service interests and the specific official
purposes underlying your assignment.
Forest Service Employees May Not:
• Participate in internal non-federal organization
issues such as budgets, fundraising, membership, by-laws, office space considerations,
political action committees, or for-profit activities.
Lobbying/Representing before the
Federal Government
Forest Service Employees May:
• Present NFO proposals and ideas that relate to
your official duties with the organization to
appropriate Forest Service and other federal
officials for consideration.
• Provide Congress with official information
requested with regard to matters under your
official duties with the NFO, where it is appropriate for you to do so and through proper
agency channels.
Forest Service Employees May Not:
• Represent the interests of the NFO before any
federal employee, agency, or court in connection with a matter in which the United States is
a party or has an interest IF the matter is not
related to the official duties that you perform
with them (18 USC 205).
• Seek or accept compensation from the NFO

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or anyone else for services performed behind
the scenes in connection with such an improper
representation (18 USC 203).
• Perform services in support of grass roots
efforts by the NFO to lobby Congress (18
USC 1913).

98

Compensation, Honoraria, and Gifts
Forest Service Employees May Not:
• Seek or accept compensation (including
honoraria) from any non-federal party for
official duties that you perform in connection
with the non-federal organization (18 USC
209).
• Seek or accept anything of value from the NFO
given for your personal benefit or for the
personal benefit of anyone else unless permitted
under 5 CFR 2635.204. (An NFO with which
USDA partners is a prohibited source to
USDA.1 ) Gifts given for the benefit of the
agency are treated separately.
• Personally accept travel and subsistence costs
provided by the NFO in connection with your
official duties other than as permitted by law. 31
USC 1353 (travel costs paid by Non-Federal
Sources); DR 5200-3 (Agency Gift Acceptance Directives), 5 USC 4111 (Training Act),
or 5 USC 7342 (Foreign Gifts and Decorations
Act).
Recognition/Endorsement of NonFederal Partners
Forest Service Employees May:
• Officially promote employee official participation in the joint venture.

• Co-sponsor a non-fundraising “kick off” event.
• Erect a plaque or memorial honoring the NFO’s
contribution to the project. For example, the
Forest Service could erect a small plaque by
the trailhead stating “The Pinecone Trail was
reconstructed with contributions donated by
XYZ Equipment Company in partnership with
the Forest Service.”
• Issue a factual announcement publicizing
successful completion of the project and the
non-federal organizations role in that completion.
Forest Service Employees May Not:
• Officially encourage or require employees to
become members of NFOs.
• Raise funds for or on behalf of the NFO, even if
related to a joint venture;
• Erect a billboard or sign that serves more as an
advertisement for the NFO than a memorial to
a joint venture;
• Issue a statement aimed primarily at promoting
the NFO’s programs or products. For example,
the Forest Service cannot recommend ABC
Equipment Company for trail maintenance work
based on its volunteer assistance in maintaining
the Pinecone Trailhead.
• Otherwise endorse the products or services of
the NFO (5 CFR 2635, subpart G). For
example, Jane Firefighter may not appear in a
TV commercial stating that she uses DEF drops
whenever she’s fighting fires and feels a cold
coming on.

Prohibited sources include any person or entity:
• That seeks official action from USDA (e.g., a Special Use Permit applicant)
• That conducts or seeks to conduct business with USDA (e.g., a logging contractor)
• That conducts activities regulated by USDA (e.g., a slaughterhouse)
• That has interests that may be substantially affected by performance or nonperformance of the employee’s official duties
(e.g., a litigant with USDA)
• An organization a majority of whose members are prohibited sources (e.g. a trade association)

Partnership Guide - May 2005

Appropriated Funds
The Agency May:
• Use appropriated funds to purchase an NFO
membership for use by the agency. The agency
then has the power to select whom it will assign
to perform official duties under that membership.
Forest Service Employees May:
• Attend NFO meetings and provide information
about what can be done with additional funds
that may be raised through a partnership.
• Attend national conferences and meetings on
official travel and time for professional development when it is part of the employee’s official
training plan.
Forest Service Employees May Not:
• Use appropriated funds to purchase or renew
an NFO membership for a specific agency
employee.
• Use appropriated funds to pay for official
training accomplished through an NFO of which
you may also be a member in your personal
capacity.
• Utilize appropriated funds to accomplish,
through NFO personnel, anything that Forest
Service employees cannot be assigned to
perform.
Fundraising/Fundraising Events
Forest Service Employees May:
• Attend an event in an official capacity only to
the extent permitted by 5 CFR part 2635,
including giving an official speech.
• If the agency approves of the content and your
status as the appropriate speaker, deliver an
appropriate official speech on a subject appropriate to the event. As a speaker, the
employee’s name may appear on the invitation
but not their title. Neither the employee nor the
Forest Service may be shown as a sponsor or
shown in a manner that implies endorsement.

•

Permit use of agency properties and sites for
fundraising events only in accordance with
departmental directives.

Forest Service Employees May Not:
• Participate in planning a fundraiser by or on
behalf of the NFO.
• Directly or indirectly solicit or receive donations
for or on behalf of the NFO.
• Make a donation of appropriated funds to the
NFO as part of a fundraising effort.
• Actively participate in any fundraising event
through such actions as standing in a receiving
line, serving drinks, sitting at the head table, or
making a speech soliciting funds.

Working in a Personal Capacity with
Non-Federal Organizations
Forest Service Employees May: (amongst other lawful
activities and in conformity with conflict of interest
laws):
• Serve in any lawful position or role with the
NFO, subject to the conflict of interest laws.
• Participate in all internal matters relating to the
NFO.
• Participate, in a personal capacity, in lobbying
efforts by the NFO before Congress.
• Accept compensation from the NFO, subject
to USDA regulations concerning prior agency
approval of outside employment (See 5 CFR
Part 8301).
• Participate in all aspects of fundraising subject
to the limitations mentioned above.
Forest Service Employees May Not:
• Participate officially, without waiver or agency
approval, in any matter involving the NFO if
you are a fiduciary of, employee of, or an
active participant in the NFO (other than simply
as a member);
• Represent the NFO, by personal appearance
or communication, before any federal agency

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99

or court concerning any matter in which the
United States has an interest, or accept or seek
compensation from anyone for services that you
render in support of representations made by
another before a federal agency or court on
behalf of the NFO.
• Use your official title, position, or authority in
support of fundraising activities by the NFO, or
solicit or accept donations from persons whom
you have reason to know are (1) prohibited
sources to USDA, or (2) your official subordinates.

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Partnership Guide - May 2005

Appendix I: Highlights from the USDA Directive on Acceptance of Gifts

This appendix provides excerpts from the USDA
Directive that address authorized gifts, prohibited gifts,
solicitation of gifts, and additional considerations. For
the entire text of the USDA Directive on Acceptance of
Gifts, see http://www.ocio.usda.gov/directives/files/dr/
DR5200-003.htm.

Authorized Gifts
A gift is a donation of something of value to the Forest
Service in which nothing of value is paid or given to the
donor in return. Where consistent with the
Department’s gift acceptance regulations, the Forest
Service may accept contributions from individuals,
organizations, foundations, corporations, associations,
and other entities. Donations may be in the form of
cash, securities, real property (land and improvements),
facilities, personal property, and services.
For gifts of personal property, including cash, the Chief
of the Forest Service or the Chief’s designee may
accept unconditional gifts. Conditional gifts of personal
property may only be accepted by the Department’s
Chief Financial Officer, or that official’s designee. Gifts
of real property to the Forest Service may be accepted
in accordance with procedures established in the Forest
Service Manual (FSM 5420).
Prohibited Gifts
Consistent with federal laws and regulations restricting
government conduct that is unethical, a conflict of
interest, or having the appearance of a conflict of
interest, the Department’s gift acceptance policy
contains restrictions on acceptance of gifts in situations
that would raise ethical or conflict of interest concerns.
With certain exceptions, no gift may be accepted by the
Forest Service from the following sources:
a. any person who conducts activities regulated by
the Department or any of its agencies;
b. any organization where a majority of its members are persons who conduct activities regu-

lated by the Department or its agencies;
c. any person or organization engaged in litigation
with the Department or its agencies, or with the
United States, based on issues relating to the
programs or operations of the Department or
its agencies; and
d. any person whose ability to participate in
Department programs has been suspended or
terminated for cause by the Department or its
agencies.
If not prohibited under Section 6(b), a gift may be
accepted by the Forest Service unless the gift is from
any person who is engaged with the Forest Service, or
the Department’s Natural Resources and Environment
mission area, as a contractor or contract bidder,
borrower, grantee, cooperator, lessee, permittee, or
other program participant, or who is an applicant for a
loan, grant, lease, or other program participation from
the Forest Service.
For details on prohibited gifts, refer to Section 6, DR
5200-3.
Exceptions to Prohibited Gifts
Under Section 6c(1), gifts from sources identified under
Sections 6a and 6b of DR 5200-3 may be accepted if:
a. The gift is commemorative in nature, from other
than a for-profit entity, and intended to be used
or displayed in an office setting;
b. The gift is from a state, local, tribal, or foreign
government incidental to cooperation in carrying out a federal program;
c. The gift is authorized by the express purpose of
a statutory gift acceptance authority; or
d. Acceptance of the gift is in the public interest
because the benefits relating to acceptance of
the gift substantially outweigh the appearance of
loss of impartiality on the part of the Department, or the Forest Service, in its dealing with
the donor.
For gifts accepted under the exceptions in Section

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101

6c(1), additional restrictions apply:
a. For gifts under Section 6(c)(1)(a)-(c), the
Chief, the UnderSecretary, or the Secretary
may accept such gifts. For gifts greater than
$1,000,000, acceptance of such gifts may
occur only after consultation with the Office of
the General Counsel. For gifts in an amount less
than $1,000,000, the Chief of the Forest
Service may delegate this gift acceptance
authority to appropriate subordinate officials as
agency needs and prudence allow.
b. For gifts accepted under Section 6c(1)(d), only
the Chief of the Forest Service, the
UnderSecretary, or the Secretary may accept
such gifts, and acceptance must be preceded by
consultation with OGC.

Solicitation of Gifts
Under the Department’s gift acceptance regulation, the
Forest Service may solicit gifts that would not be
prohibited by law. The Forest Service may not solicit
gifts, however, from any source listed under Section 6,
even if the gift would fall within an exception under
Section 6.

the donor, nor impose any obligation on the part of the
agency to provide anything to the donor, including data
or information. The acceptance letter should not provide any estimate of the gift’s value, nor should agency
officials otherwise provide the donor with an estimated
value. Proper valuation of the gift for tax purposes is the
donor’s responsibility.
Reporting of Gifts
Agencies are required to file an annual report on all gifts
having a value greater than $5000 during each calendar
year with the Department’s Office of Procurement and
Property Management. The report must include details
regarding the gift, including: date received; name and
contact information of the donor; name of the accepting
agency and official; name and description of the gift;
estimated value of the gift; and the provision of the
Department regulation under which the gift was accepted. In the alternative, agencies may simply submit
copies of all gift acceptance letters to the Office of
Procurement and Property Management

102

There are significant restrictions on how solicitations
may occur. The Forest Service may not solicit gifts
through the use of direct mail appeals for monetary
contributions, through direct fundraising events, through
hiring of development officers, or through the conduct
of any game of chance.
The department regulation also cautions agencies
against soliciting multiple or duplicate gifts to create a
substitute funding stream for routine operational expenses in lieu of agency appropriations.

Additional Considerations
Gift Acceptance Documentation
Gifts must be documented with a gift acceptance letter
from the agency to the donor. Such letters should state
that gifts in no way imply an endorsement of the gift or
Partnership Guide - May 2005

Appendix J: Liaison Agreement
FROM:

Senior Official

TO:

Subordinate Official

THROUGH:
SUBJECT:

Appointment as Agency Liaison with ________________ Association

By this memorandum, you are hereby designated to serve as Agency Liaison with the ______________________
Association (Association). Your designation as Agency Liaison is for the purpose(s) of
________________________________________________________.
During your service as Agency Liaison, you are, at all times, to act as a representative solely of the interests of the
Agency and the United States; you shall not (1) serve as an officer, board member, or employee, or (2) act as agent
or representative, of the Association. Your service as Agency Liaison is to conform to the requirements of
18 USC 201-209 and to the Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. part
2635. Specifically, during your tenure as Agency Liaison with the Association, you shall not:
• Vote on matters before the Association Board of Directors;
• Serve on committees or task groups unrelated to the above-stated purpose for your service as Agency
Liaison;
• Participate in issues related solely to the business or internal interests of the Association (e.g., finances,
fundraising, membership, etc.);
• Engage in lobbying efforts or representation of the Association’s interests before the Federal Government
[NOTE: This does not preclude you from presenting to the Agency the positions or views of the Association
on matters directly related to the interests of the Agency being served through your service as Agency
Liaison];
• Actively participate in Association activities in your personal capacity unless you receive written clearance
from me to do so [NOTE: If you are a member, you may retain your membership; you must, however,
refrain from active participation (e.g., fundraising, holding office or board membership, employment, committee activities, lobbying, etc.)].

I, _________________________, certify that I have read and understand the foregoing and that I agree to abide
by the aforementioned requirements and conditions.

____________________
Date

_____________________________
Signature

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104

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