1.0 Background and Purpose
1.1 Background
1.2 Purpose
1.3 Related Sources of Guidance
1.4 Activities not Subject to this
Director’s Order
2.0 Authorities and Constraints
2.1 NPS Authority to Accept
Donations
2.2 No Solicitation of Donations
2.3 Employee Representations
2.4 Congressionally Authorized
Fundraising Organizations
3.0 Policies and Considerations
3.1 Ethical Considerations
3.2 Matching Funds/Challenges
3.3 Accountability for Donations
3.4 Annual Reporting
Requirements
4.0 Delegations of Authority
4.1 Functional Management and
Day-to-Day Implementation
4.2 Reservations and Delegations
of Authority to Accept Donations
4.3 Reservations and Delegations
of Authority to Authorize Fundraising and Corporate Campaigns
5.0 Roles and Responsibilities
5.1 National Park Service
5.2 Fundraising Partners
6.0 Donations
6.1 Considering Donations
6.1.1 Maintaining the Integrity
and Impartiality of, and Public Confidence, in NPS and Department of the
Interior
6.1.2 Reviewing Direct Donations
6.1.3 Director’s Approval
6.1.4 Acceptance of Donations from
Donors Involved in Litigation
6.2 Use of Donations
6.3 In-Park Friend-raising
6.3.1 Donation Boxes
6.3.2 Displays and Fundraising
Activity Information
6.3.3 In-Park Events
6.3.4 Guest Donation Program
6.4 Donations of Land
7.0 Corporate Campaigns
7.1 Corporate Campaign
Agreements Undertaken in Association with the National Park Foundation
7.1.1 Proud
Partner Marketing Exclusivity
7.2 Park-Based Corporate
Campaigns
8.0 Fundraising by Outside
Entities
8.1 Thresholds and Agreements
8.2 Contents of Fundraising
Agreements
8.3 Determination of Feasibility
for Fundraising Success
8.4 Fundraising Plans
8.5 Review of Contributions
8.6 Fundraising Costs
8.7 Endowments
9.0 Construction – Partnership
Construction Projects
10.0 Donor
Recognition
10.1 Off-Site Donor
Recognition
10.2 In-Park
Recognition
10.2.1 Credit line
including logos or name script
10.2.2 Credit line
10.2.3
Donor Board and Walls
10.2.4
Recognition of Corporate Donations
10.2.5
Recognition within Interpretive Programs
10.2.6
In-Park Displays, Name Plaques and Plates
10.3 Donor
Recognition Plan
10.4 Special Events
10.4.1 NPS Sponsored
and Co-Sponsored Events
10.4.2 Non-NPS Events
1.0 Background and Purpose
1.1 Background. The National Park Service (NPS)
recognizes private philanthropy as both a noble tradition for national parks
and a vital element of the success of today’s National Park System. Some
national parks exist only because motivated citizens contributed time, talent
and funds to create them. Gifts of land or easements have enlarged many
parks. Donated artifacts are found in visitor centers and museums across the
nation. The NPS actively engages the help of park-oriented philanthropies and
supporters and enthusiastically welcomes them as partners in the stewardship of
the properties entrusted to our care.
Donations come to the NPS from
individuals, families, organizations, foundations, corporations, businesses,
and other entities purely as expressions of support, as a result of a donor’s
awareness of needs, or in response to an organized fundraising campaign by
others. Donations are used to enhance NPS programs and to help achieve
excellence. Donations are not to be used as offsets to appropriated funds or
to meet recurring operational requirements. The NPS appreciates the generosity
of those who donate directly, and those who work through authorized non-profit
organizations which raise funds for the benefit of the park units and
programs. For the purposes of this Director’s Order, these organizations,
individuals and entities are collectively referred to as “NPS partners.”
The policies and procedures in this Director’s Order are
intended to serve as the framework for NPS employees’ conduct in relation to
donation activities and fundraising campaigns which benefit the NPS. Through
their application, the NPS seeks to ensure the integrity and appropriateness of
donations and fundraising activities. While the NPS does not regulate
fundraising or the donation activities of third parties, fundraising conducted
in its name is appropriate only when consistent with the mission of the NPS and
the standards included in this Director’s Order.
1.2 Purpose. The purpose of this Director’s Order is
to:
·
Set forth the Director’s delegation of authority regarding donations
and fundraising;
·
Establish roles and responsibilities for NPS employees who work
with donors, fundraising partners, and potential donors;
·
Identify plans and agreements relating to philanthropic
activities and explain when they are required to be used;
·
Establish criteria for consideration in accepting of donations;
and
·
Provide general guidance on appropriate forms of donor
recognition.
This Director’s Order is to be used by NPS employees in
tandem with the Reference Guide to Donations and Fundraising (Reference
Guide).
The NPS recognizes that each park and partner is unique and
that a “one size fits all” approach does not work. This Director’s Order is
intended to provide the needed flexibility in working with our partners from
the start up organizations to those with years of demonstrated success. Any
questions about the interpretation of the provisions of this Director’s Order
may be addressed through the Regional Partnership Coordinators and National
Partnership Office as appropriate.
This Director’s Order is intended only to improve the
internal management of the NPS. It is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or equity
by a party against the United States, its departments, agencies,
instrumentalities or entities, its officers or employees, or any other person.
1.3 Related
Sources of Guidance. Related sources of guidance are identified in the Reference Guide
1.4 Activities not Subject to this Director’s Order. The following activities are not subject to this Director’s Order:
(a)
Services of individual volunteers or groups of volunteers, e.g., a Girl
Scout troop, under the NPS Volunteer-In-Parks program, authorized by the Volunteers in the Parks Act of 1969 (16 USC 18g – 18j);
(b)
A person’s or an entity’s share of costs where there is independent
authority for such cost sharing, e.g., challenge cost-share programs where the
partner does not engage in public fundraising;
(c)
Moneys received as fees for services;
(d)
Reports or analyses prepared or paid by outside parties, or funds
received by the NPS for such purposes, pursuant to appropriate authorities,
e.g. a NEPA analysis funded by an applicant;
(e)
Donations of official travel covered by 31 U.S.C. § 1353 for attendance
at a meeting or similar function;
(f)
Donations associated with the exercise of NPS regulatory authorities,
such as where mitigation measures involve the donation of interests in land to
be used by the NPS for conservation purposes;
(g)
Gifts to individual employees that are separately governed by the
Government-wide Standards of Ethical Conduct at 5 CFR Part 2635; and
(h)
Commercial services including sales of items inside a park.
2.0 Authorities and Constraints
2.1 NPS Authority to Accept Donations. The authority
for issuing this Director’s Order is contained in the NPS Organic Act (16
U.S.C. §§1-4). General authority to accept donations is found in 16 U.S.C. §
6, which expressly authorizes NPS to accept donations for purposes of the
National Park System. Various additional authorities to accept donations exist
and may, for example be contained in a Park’s authorizing legislation. The Partnership
Legal Primer (www.doi.gov/partnerships/partnership_legal_framework.html)
identifies many of the additional NPS authorities to accept donations. For
purposes of this Director’s Order, the term “donation” includes “gifts” and
refers to something of value (cash or in-kind goods or services) received from
an outside source without consideration or an exchange of value. Funds or
other items received as a result of a competitively awarded grant from a
foundation are also covered by the term “donation.”
The NPS may accept donations from individuals, families, organizations,
foundations, corporations, businesses, associations and other entities. Generally,
NPS may accept donations of funds, securities (common stocks, preferred stocks,
bonds), real property (land and improvements), or interests in real property
(easements), facilities, and in-kind goods or services. For information on
whether a particular donation should be accepted or for further information on
authorities and constraints see Section 6.1 of this Director’s Order and Section
1.3 of the Reference Guide.
2.2 No Solicitation of Donations. It is NPS policy that its employees not solicit donations. The term “solicit” means any request by an NPS employee to a non-federal entity, group
or individual for donations to be made directly or indirectly to the NPS in
support of its programs. There are, however, a broad range of appropriate
activities that NPS employees may undertake in relation to authorized
fundraising by park partners as well as, for example, in responding to
inquiries from park visitors, see Section 5.1.
2.3 Employee
Representations. Employees are not to portray Congress, the
Department, or NPS as having failed to meet their responsibilities.
Furthermore, consistent with anti-lobbying provisions such as 18 U.S.C. § 1913
and applicable appropriations acts, employees shall not engage in lobbying
activities.
2.4
Congressionally Authorized Fundraising Organization. Congress occasionally
charters non-profit partners or recognizes the role of an existing non-profit
partner through legislation. In 1967, Congress, in the National Park
Foundation Act, chartered the National Park Foundation as the official
national, non-profit fundraising partner of the NPS to encourage private gifts for
the benefit of the NPS and thereby to further the conservation of natural,
scenic, historic, scientific, educational, inspirational or recreational
resources for future generations. In addition to the National Park Foundation,
Congress has authorized several other entities as fundraising organizations for
specific units or programs of the National Park System. Unless otherwise
specified herein, the provisions of this Director’s Order apply equally to NPS’
dealings with all of its partners regardless of how they were created.
3.0 Policies and
Considerations
3.1 Ethical Considerations. NPS
employees are also subject to ethics regulations which generally prohibit
federal employees from using their official title, position, or any authority
associated with their public office to endorse products, services or
enterprises. However, this does not prohibit an NPS employee from expressing
support for the authorized fundraising efforts of non-profit support groups,
including friends groups and cooperating associations. See the Reference
Guide for additional information and examples.
Unless specifically authorized
by law, an NPS employee may not serve on the board, either as a voting member
or non-voting member, including as an ex-officio member, or as an officer of a
cooperating association, friends group, or other NPS partner organization that is
authorized to raise funds for the benefit of the NPS. However, NPS employees may
serve as liaisons to partner organizations as part of their official duties,
see Section 5.1.r. Liaisons should consult with bureau ethics officials in
order to ensure compliance with ethics requirements.
The NPS will not accept funds
donated from organizations in which an NPS employee is an officer, director
(including ex-officio positions), or is otherwise engaged in a leadership role
with the organization, unless the arrangement has been reviewed and approved by
the Office of the Solicitor, including the Departmental Ethics Office.
3.2 Matching Funds/Challenges. The NPS may be able
to use donated or appropriated funds, subject to conditions imposed on the use
of the funds by the donor or Congress, as a match for donations from outside
sources. Under written agreements approved by the Solicitor’s Office, NPS may
approve the use of such funds as the basis for a “challenge” issued by a non-profit
fundraising partner to its donors. All literature associated with this match
must also be approved, as appropriate by the NPS Regional Director,
superintendent or program manager.
The NPS will not accept donations that impose a fundraising
“challenge” to the NPS to match the donation, or that would obligate donated or
appropriated funds in advance of their receipt.
3.3
Accountability for Donations. All monetary donations received directly by
the NPS must be deposited in a donation account and accounted for and disbursed
using the same standards and procedures for appropriated funds. The individual
park’s administrative officer, the regional office or NPS comptroller can
provide additional guidance.
All non-monetary
donations accepted by the park, unit, or program must also be accounted for
under the same standards and procedures used to account for other similar
government property (see Director’s Order #44 on Personal Property Management
or Director’s Order #25 on Land Acquisition). The donor is generally
responsible for establishing the value of the item.
3.4 Annual Reporting
Requirements. Each NPS unit or program that receives donations must submit
an annual report, through the appropriate Deputy, Associate or Regional
Director to the National Partnership Office, detailing the cash amount or
description of any in-kind donations received directly by the unit or program.
At a minimum, for any donation exceeding $1,000 -- whether cash or in-kind ---
such reporting must identify the source, the date and the amount of the
donation. Additional details and guidance on the content, format, timing and
requirements for this report will be provided by the National Partnership
Office.
4.0 Delegations of Authority
4.1 Functional Management and Day-to-Day Implementation.
The authority for the implementation and oversight of this Director’s Order
is delegated to the Associate Director for Partnerships, Interpretation and
Education, Volunteers, Outdoor Recreation who is designated as the Senior
Manager for matters related to donations and fundraising in the NPS. This
authority includes:
(a) Establishing and
implementing necessary policies, procedures and standards as specified in this
Director’s Order;
(b) Managing, on a
day-to-day basis, the NPS relationship with the National Park Foundation; and
(c) Monitoring
compliance with this Director’s Order.
Unless specifically addressed elsewhere in this Director’s
Order, the day-to-day responsibility for implementation of the policies and
standards set forth in this Director’s Order is further delegated to the Chief
of the National Partnership Office.
4.2 Reservations
and Delegations of Authority to Accept Donations. The following
reservations and delegations relate to the acceptance of donations (See Section
6.1 and Section 4.3). For purposes of this section, these limits relate to
either single donations or a series of related donations from a single entity,
i.e. a pledge paid in installments. All such donations of $2,500 or more must
be reviewed in accordance with Section 6.1.2 of this Director’s Order.
(a) The Director
reserves the authority to accept, or authorize the acceptance of, donations of
$1 million or more offered to a park either directly, or through a park partner
when the donation is to be subsequently granted to a park by the NPS partner.
(b) The Deputy Directors,
Associate Directors, and the Comptroller are delegated the authority to accept
or authorize the acceptance of donations offered directly to NPS, or offered to
an authorized partner for the benefit of the NPS, that are under $1 million and
are offered to NPS through its directorates (such as Cultural or Natural
Resources), to program areas or offices within their organizations (such as the
National Center for Cultural Resources). The above officials may re-delegate
this authority to approve and accept the donation to senior program or office
managers within their organization.
(c) Regional
Directors are delegated the authority to accept or authorize the acceptance of
donations under $1 million offered directly to the NPS, or offered to an
authorized NPS partner for the benefit of NPS. The Regional Director may
re-delegate this or more limited authority to accept such donations to park
superintendents or regional program managers.
Subsequent references to “authorized
employees” in this Director’s Order refer to those employees who have been
delegated the authority to accept donations.
4.3 Reservations and
Delegations of Authority to Authorize Fundraising and Corporate Campaign
Activities. The following reservations and delegations relate to the
authorization of fundraising and corporate campaign activities see Section 6.1
and Section 7.
(a) The Director
reserves the authority to authorize agreements relating to fundraising
activities by NPS partners that will benefit the NPS if the activities either:
i.
Have a goal or $1 million or more;
ii.
Involve national or international solicitations;
iii.
Involve construction projects where costs are estimated to exceed $1
million; or
iv.
Involve corporate campaigns of national or international significance.
Fundraising agreements which meet the threshold for Director’s approval
must be submitted with a donor recognition plan, a feasibility study, a
fundraising plan as described in Section 8 and a written description of the partner’s