Notice of Availability of Director's Order Concerning Relationships Between the National Park Service and Cooperating Associations

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.

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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.

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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