[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Pages 51896-51898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26265]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Availability of Director's Order Concerning
Relationships Between the National Park Service and Cooperating
Associations
AGENCY: National Park Service, Interior.
ACTION: Public Notice.
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SUMMARY: The National Park Service (NPS) is converting and updating its
current system of internal instructions to a three-level system
consisting of: (1) NPS Management Policies; (2) Director's Orders; and
(3) Reference Manuals/Handbooks and other helpful information. When
these documents contain new policy or procedural requirements that may
affect parties outside the NPS, this information is being made
available for public comment. Director's Order #32 establishes
operational policies and procedural guidance concerning relationships
between the NPS and Cooperating Associations. Cooperating Associations
are private, nonprofit organizations that provide educational services
in many areas of the National Park System.
DATES: Written comments will be accepted until November 3, 1997.
ADDRESSES: Send comments to Glenn Clark, Servicewide Cooperating
Association Coordinator, Room 7312, National Park Service, 1849 C
Street NW, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT:
Glenn Clark at 202-565-1058.
SUPPLEMENTARY INFORMATION:
Director's Order, #32: Cooperating Associations
1. Purpose and objective
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 Reference Manual #32, it
supersedes and replaces the Cooperating Associations Guideline (NPS-32)
and instructional memoranda that have been issued in years past.
This ``Level 2'' Director's Order is not intended to document all
the NPS's policies, procedures, practices and requirements applicable
to relationships with Associations. For a comprehensive compilation of
those materials, 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. Authorities
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 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
redelegated to superintendents. When an Association serves park areas
in more than one region, designation authority resides with the
Director, National Park Service.
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 employee's 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, and may not
participate in Association Decisions concerning the relationship of the
Association to the Service, or 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 The Associate Director, Park Operations and Education will
develop a standard, non-negotiable Cooperating Association Agreement.
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.
3.5.1 Association responsibilities. 3.5.1a 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 If Association employees perform functions normally carried
out by Service employees other than under 3.5.1b, they must do so as
Service volunteers (VIPs).
3.5.1d 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 Order.
3.5.1e Association employees may not engage in activities that
would lead the public to reasonably conclude that they are government
employees. 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 Sales must support the purposes of Associations as stated
in their articles of incorporation.
3.5.2.1b 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.
[[Page 51897]]
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 price, quality,
interpretive value, and accuracy.
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.
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 (Pub. L. 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 Service approval before
commencing business operations in off-site sales outlets that do not
serve other government entities.
3.5.4b An Association must consult with the Service when
considering operating an off-site sales outlet for another government
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 parks
must be approved in advance 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.
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 the property of the Service.
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.
3.6.6h 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 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.
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:
3.61 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 NPS
based upon the nature and extent of the Association's activities and
the needs of the Service.
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.
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.
[[Page 51898]]
3.6.3a Fundraising by Associations will be governed by Director's
Order #21--Donations and Fundraising.
Bob Huggins,
Acting Program Manager, Interpretation and Education Division.
[FR Doc. 97-26265 Filed 10-2-97; 8:45 am]
BILLING CODE 4310-70-M
