Contents:
1. Purpose and Objectives
2. Authorities
3. Policies/Instructions/Requirements
3.1 Associate Director, Partnerships, Interpretation
and Education, Volunteers, and Outdoor Recreation
3.2 Authority to Designate and Terminate Associations
3.3 Tax Exempt Status
3.4 Service Employees' Role
3.5 Cooperating Association Agreements
3.6 Future Cooperating Association Agreements
1. Purpose and Objectives
This is an interim re-issue of Director's Order #32: Cooperating
Associations, that was approved March 17, 1998, sunset March 17, 2003,
and renewed through December 31, 2003. Director's Order #32 describes
the policy and procedural requirements for relationships between the
National Park Service and Cooperating Associations.
Cooperating Associations (Associations) are private nonprofit corporations
established under state law. They support the educational, scientific,
historical, and interpretive activities of the National Park Service
(Service) in a variety of ways, under the provisions of formal agreements
with the Service. For many years, Associations have been among the Service's
most effective supporters. This Director's Order is intended to help
ensure the success of the relationship between the Service and Associations
by specifying operational policies and procedural requirements governing
relationships between the Service and Associations. In combination with
the Cooperating Association Reference Manual (RM-32), it supersedes
and replaces the Cooperating Associations Guideline (NPS-32) and instructional
memoranda that has been issued in years past.
This "Level 2" Director's Order is not intended to document
all the procedures, practices and requirements applicable to the Service's
relationship with Associations. For a comprehensive compilation of those
procedures, practices and requirements, employees must refer to the
"Level 3", Cooperating Association Reference Manual, issued
by the Associate Director, Park Operations and Education. The "Level
1," NPS Management Policies remain applicable and serve as the
basic foundation for the 'Level 2" and "Level 3 documents."
2. Authority to Issue This Director's Order
16 U.S.C. Sec 1-3, 6, 17j-2(e).
3. Policies/Instructions/Requirements
3.1 The Associate Director, Park Operations and Education
is delegated the responsibility to issue a reference manual outlining
specific procedures that support policy, mandatory requirements and
operational procedures.
3.2 Authority To Designate and Terminate Associations
Where an Association serves one or more park areas within a region,
authority to designate an Association is delegated to the regional director
and may not be re-delegated to superintendents. Where an Association
serves park areas in more than one region, designation authority resides
with the Director, National Park Service. Authority to terminate or
sign an Agreement including supplemental agreements with an Association,
resides with the same respective officials.
3.3. Tax Exempt Status
Associations must obtain and maintain recognition by the Internal Revenue
Service of tax exemption under Section 501(c)(3) of the Internal Revenue
Code to operate in areas of the National Park System.
3.4 Service Employees' Role
3.4.1 Ethical Conduct
In dealing with Associations, all Service staff must comply with 5
CFR Part 2635, "Standards of Ethical Conduct for Employees of the
Executive Branch."
3.4.2 Relation to Boards
3.4.2a Service employees may not serve on Association
boards, even in an ex-officio capacity, may only offer advice on Association
decisions concerning the relationship of the Association to the Service,
and may not represent the Association in business transactions or operations.
However, as authorized by Public Law 79-633, Service employees may assist
Association operations.
3.4.2b Service representatives may attend Association meetings
in an advisory, non-voting capacity, but may not participate in executive
sessions of an Association board unless invited.
3.5 Cooperating Association Agreement
The Associate Director, Park Operations and Education will
develop a standard, non-negotiable Cooperating Association Agreement
in 1999 that will replace the current Memorandum of Agreement and will
be signed by all Associations in partnership with the Service. The Agreement
will be for five years with automatic renewal for another five years
unless reasonable notice of cancellation is given by either party before
the date of renewal. The effective date of the Agreement is the day
after it is signed. The Service reserves the right to terminate the
Agreement or any part thereof, for the convenience of the government
or for cause, but must give reasonable notice of its intent to do so
and must meet with the Association to present its reasons. This Agreement
will incorporate the policy and procedural requirements set forth in
this Director's Order, the provisions listed below, and any additional
requirements imposed by higher authorities or by the Associate Director,
Park Operations and Education, where specifically authorized by this
Director's Order. Service-related activities performed by Associations
not addressed in the Agreement must be addressed in supplemental agreements
that are governed by the same provisions and procedures of the Agreement
and the Director's Order.
3.5.1 Association Responsibilities
3.5.1 a Association boards of directors will notify
the Service of board meetings and will invite appropriate Service representatives
to board meetings and to appropriate committee meetings.
3.5.1b Association employees are not authorized to undertake
any government function or activity on behalf of the Service beyond
routine visitor information services or other activities authorized
by the Cooperating Association Agreement, supplements to the agreement,
or agreements for voluntary services.
3.5.1c Associations may not use the "Agreement for
Voluntary Services" to circumvent any requirements for insurance
coverage included in the Cooperating Association Agreement or in this
Director's Order.
3.5.1d Association employees who engage in public contact
must wear some readily identifiable indication of Association affiliation,
but Association employees may not wear Service or other government uniforms.
3.5.2 Sales Activities
3.5.2.1 General Requirements
3.5.2.1a Associations must have a signed Agreement to
sell goods and services in areas of the National Park System. Friends
groups are not authorized to sell goods and services in these areas
except through a special agreement with an Association and approval
of the park superintendent.
3.5.2.1b Sales must support the purposes of Associations
as stated in their articles of incorporation.
3.5.2.1c Associations must display a sign that identifies
the sales outlet as a nonprofit activity of the officially approved
Association for the site.
3.5.3 Sales Item Approval
3.5.3a Items sold in park areas, through mail order catalogs,
and at off-site sales outlets (excluding those sales outlets operated
by an Association in partnership with other government entities) must
be approved in advance by the superintendent for appropriateness, price,
quality, interpretive value, and accuracy. For additional information
refer to RM-32.
3.5.3b The sales of visitor convenience items must be
conducted under the authority of the Concessions Policy Act and must
be managed in the same manner as concession permits/contracts issued
to concessioners. However, Associations must relinquish any preferential
right to the renewal of those permits. For additional information refer
to RM-32.
3.5.3c Associations may not sell material that violates
conservation principles of the Service. The sale of original prehistoric
or historic artifacts or paleontological specimens is prohibited. Replicas
of such artifacts and specimens must be clearly labeled as such.
3.5.3d Craft items represented as being Indian-made shall
be sold in accordance with the Indian Arts and Crafts Act of 1990 (Public
Law 101-644 [104 Stat. 4662], November 29, 1990).
3.5.3e Paid advertising in sales items (i.e., journals
with advertising) must be incidental to the interpretive value or message
of an item. Advertising or vendor information may not imply endorsement
by the Service.
3.5.4 Off-site Sales Operations
3.5.4.a Associations must obtain approval from the superintendent(s)
before commencing business operations in off-site sales outlets that
do not serve other governmental entities.
3.5.4b An Association must consult with the superintendent(s)
when considering operating an off-site sales outlet for another governmental
entity.
3.5.4c The superintendent will periodically review the off-site
sales activities of Associations to ensure that Service interests are
protected.
3.5.5 Interpretive Activities
3.5.5a Interpretive activities conducted by Associations
in support of parks must be approved in advance and annually thereafter
by the Service.
3.5.5b The Association and the superintendent of the affected
park area will establish standard operating procedures for conducting
interpretive programs and activities.
3.5.5c All interpretive programs conducted by Associations
on behalf of the Service will be audited by the Service for content,
accuracy, and effective delivery.
3.5.5d The Service will assist the Association in providing
training to Association staff appropriate to their interpretive activities.
Association employees conducting interpretive activities will possess
and demonstrate the same core competencies as Service interpreters.
3.5.5e Any fees charged must first be approved by the
park superintendent.
3.5.5f Collections of fees for fee interpretation must
meet Service standards for accountability and security of funds.
3.5.6 Facilities and Equipment
3.5.6a The Service will provide Associations with suitable
sales areas and other facilities to conduct business. The Service reserves
the right to relocate or withdraw any such facilities (upon reasonable
notice) in order to meet the needs of the Service.
3.5.6b The Service will reserve the right to conduct inspections
of provided facilities whenever it deems necessary.
3.5.6c The Service will provide Associations with routine
maintenance and repair services and utilities such as water, electricity,
heat, and air conditioning at each assigned facility, to the extent
these services and utilities are required for the operation of the building
for governmental purposes. Other maintenance and repair services and
utilities will be provided by the Association or provided to the Association
by the Service on a reimbursable basis.
3.5.6d The Service and Association will negotiate a maintenance
and operations plan for those facilities governed by a supplemental
agreement.
3.5.6e All Association plans for construction, redesign,
or renovation of in-park facilities must be approved in advance by the
Service, and must be implemented in accordance with the Service's normal
design and construction procedures.
3.5.6f If buildings are constructed on Service property
by Associations, the buildings must be transferred to the Service upon
completion.
3.5.6g When the Service designs and constructs new facilities
that will house Association activities, the Association will be included
in the planning and design and will be given the opportunity to review
and comment on preliminary and final design plans.
3.5.6h With prior approval from the superintendent, Associations
are permitted incidental use of government-owned or leased vehicles,
provided that the use is solely for work authorized under the Cooperating
Association Agreement or associated supplemental agreements.
3.5.7 Postage
Associations may not use government postage.
3.5.8 Administrative Requirements
3.5.8a Annual Audit. A financial statement audit
is required for Associations with annual gross revenue of $1,000,000
or more; a financial statement review is required for Associations with
gross revenue of $250,000 to $1,000,000. For additional information
refer to RM-32.
3.5.8b Annual Report. Each Association must submit
an annual financial report consisting of the NPS Form 10-40, IRS Form
990 (or 990EZ and 990T, if appropriate), a copy of the year's audited
or reviewed financial statement, and a brief narrative of the year's
activities and accomplishments. For additional information on submission
of these required reports refer to RM-32.
3.5.8c Insurance. Each Association must carry adequate
liability insurance with a minimum of $100,000.00 protection unless
more is prescribed by the Service. In addition, The United States of
America will be named as an additional insured on all such policies.
3.6 Future Cooperating Association Agreements
The following provisions are effective immediately, and will be incorporated
into the standard Cooperating Association Agreement when it is revised
in 1999:
3.6.1 Donations to Associations
3.6.1a Donations will be governed by Director's Order
# 21 - Donations and Fundraising.
3.6.1b Associations will accept donations only for the
purposes described in their articles of incorporation.
3.6.1c When an Association accepts a donation on behalf
of the Service, the Association is accountable to the donor for the
use of the funds.
3.6.2 Donations from Associations
3.6.2a The level of aid to the Service appropriate to
each Association must be determined jointly by the Association and the
Service based upon the nature and extent of the Association's activities
and the needs of the Service. Consulting with superintendents and regional
and WASO staff is appropriate in this process if necessary to reach
an equitable level.
3.6.2b Regional Directors are delegated the authority
and responsibility to approve donations in the following categories
before they are accepted:
1. Major research projects
2. Land acquisitions
3. Interpretive/educational facilities
4. Historic preservation/restoration projects
3.6.2c Service managers will not accept donations from
Associations to fund any government personnel salaries or benefits with
the exceptions of support for temporary employees working on special
interpretive, educational, or research projects that are funded by donations
and the reimbursement of the salaries and benefits of employees of Harpers
Ferry Center working directly on media projects or plans donated to
the Service by an Association.
3.6.2d When the Service accepts a donation from an Association,
timely completion of the funded project and fund accountability are
required, and a report made to the Association upon request.
3.6.3 Fundraising by Cooperating Associations
3.6.3a Fundraising by Associations will be governed by
Director's Order # 21 - Donations and Fundraising.