Partnership Authorities Workgroup Report
April 2002

List of Forest Service Partnership Authorities

The Forest Service uses a complex mixture of many authorities to work in partnerships. There are over thirty different laws relating to partnerships cited in Forest Service Manuals and Handbooks.  The following list provides an overview of 34 of these laws.

• Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498). This Act authorizes the Forest Service to accept money received as contributions toward cooperative work in forest investigations or protection and improvement of the national forests (FSM 1584.11).

• The Economy Act of June 30, 1932 (31 U.S.C. 1535, P.L. 97-258 and98-216).  Section 601 of this Act authorizes one Federal agency to requisition work, services, supplies, materials, or equipment from another Federal agency (FSM 1585.12).

• Granger-Thye Act of April 24, 1950 (16 U.S.C. 572). Section 5 of this act authorizes the Forest Service to perform work: (a) on State, county, municipal, or private land within or near National Forest land, or (b) for others who occupy or use National Forests or other lands administered by the Forest Service (FSM 1584.12).

• The Act of August 27, 1958 (23 U.S.C. 308 (a), P.L. 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.

• Intergovernmental Cooperation Act of 1968 (31 U.S.C. 6501 – 6508, P.L. 90-577).  Title III of this Act authorizes the Forest Service to provide services to States or subdivisions of States (FSM 1581.12).

• Acceptance of Gifts Act of October 10, 1978 (7 U.S.C. 2269, Pub. L. 95-442). This Act authorizes Forest Service acceptance of cash, as well as donations of real personal property (FSM 1584.13).

• Volunteers in National Forest Act of 1972 (16 U.S.C. 558, Pub. L. 92-300). This Act authorizes Forest Service acceptance of an individual's services without compensation, other than perhaps for incidental expenses (FSM 1583.17).

• Cooperative Funds and Deposits Act of December 12, 1975 (16 U.S.C. 565a1-a3, Pub. L. 94-148). This Act authorizes the Forest Service and cooperator(s) to perform work from which they would accrue mutual non-monetary benefit (FSM 1587.11).

• Federal Technology Transfer Act of 1986 (15 U.S.C. 3710a, P.L. 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).

• Interior and Related Agencies Appropriations Act of 1992 (Pub. L. 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 cooperators provide matching funds or in-kind contributions. Cooperators may be public and private agencies, organizations, institutions, and individuals (FSM 1587.12).

• Interior and Related Agencies Appropriations Act of 1999, Section 323, Watershed Restoration Enhancement Agreement Authority, (Section 323 of P.L. 105-277, Wyden Amendment, extended through 2005 with FY 02 Appropriations Bill).  This Act provides the statutory authority by which the Forest Service may enter into watershed restoration and enhancement agreements that protect, restore and enhance fish, wildlife, and other resources on public or private land or both that benefit these resources within the watershed.

• 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 U.S.C. 3343 and 3581-3584). This Act authorizes the Forest Service to detail employees to an international organization which requests services for a period not to exceed 5 years.

• United States Information and Exchange Act (22 U.S.C. 1451 and 1479, P.L. 97-241).  This Act authorizes the Forest Service to cooperate with a foreign government by providing at its request Forest Service employees with specific technical or professional qualifications (FSM 1584.16).

• International Forestry Cooperation Act of 1990 (16 U.S.C. 4501, P.L. 101-513, as amended).  This Act authorizes the Forest 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).

• National Agricultural Research, Extension and Teaching Act of 1977 (Pub. L. 95-113), as Amended by The Food Security Act of 1985 (7 U.S.C. 3152, 3318, and 3319, Pub. L. 99-198). This Act authorizes the Forest Service to:
• a. Enter into joint venture agreements with any entity or individual to serve the mutual interest of the parties in agricultural research and teaching activities (7 U.S.C. 3318(b)).
• b. Enter into cost reimbursable agreements with State cooperative institutions for the acquisition of goods or services, including personal services, without seeking competition, to carry out agricultural research or teaching activities of mutual interest (7 U.S.C. 3319(a); FSM 1587.13).

• Forest and Rangeland Renewable Resources Research Act of 1978, as Amended (16 U.S.C. 1641-1646, Pub. L. 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).

• Cooperative Forestry Assistance Act of 1978, as Amended (16 U.S.C. 2101-2114, Pub. L. 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 U.S.C. 6601 note, Pub. L. 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 U.S.C. 2101, Subtitle C, Pub. L. 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, and allows the Forest Service to promote principles of basic forest stewardship and provide increased assistance to others to plant and maintain trees and improve forests in rural areas (FSM 1581.14).

• The Reciprocal Fire Act of May 27, 1955 (42 U.S.C. 1856a, Pub. L. 84-46). This Act authorizes the Secretary of Agriculture or the Secretary of Interior to enter into reciprocal agreements with any foreign fire organization for mutual aid in furnishing wildfire protection resources for lands and other properties for which the Secretary or the Forest Service normally provides wildfire protection (FSM 1580.14, FSM 1582).

• National Forest System Federal Enforcement of Local Laws Act of August 10, 1971 (16 U.S.C. 551a, Pub. L. 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 lands (FSM 1582).

• National Forest Roads and Trails Act of October 13, 1964 (16 U.S.C. 532-538, Pub. L. 88-657). This Act authorizes Forest Service financing and/or cooperation with other public agencies, private agencies, or persons for acquisition, construction, and maintenance of forest development roads within or near national forests (FSM 1582).

• National Trails System Act (16 U.S.C. 1246(h), Pub. L. 90-543). This Act authorizes Forest Service cooperation with the States or their political subdivisions, landowners, private organizations, or individuals to operate, develop, and maintain any portion of national trail system trails either inside or outside a federally administered area (FSM 1581.17).

• Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq, Pub. L. 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 1581.18).

• Federal Noxious Weed Act of 1974 (P.L. 93-629, 7 U.S.C. 2801 et seq, P.L. 101-624).  Title XIV, Subtitle D – Other Conservation Measures, authorizes the Forest Service to issue cooperative agreements to State agencies (or political subdivisions thereof responsible for the administration or implementation of undesirable plant laws of a State).

• National and Community Service Act of 1990 (42 U.S.C. 12501, P.L. 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 1581.20).

• Youth Conservation Corps Act of 1970, amended 1974 (P.L. 93-408, 86 Stat,. 1319, U.S.C. 1701 – 1706).  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 1581.21).

• Job Corps – Title IV, Part B.  Through an interagency agreement with the U.S. Department of Labor, the Forest Service operates 18 Job Corps Civilian Conservation Centers (for at-risk youth) on National Forest System lands.

• Senior Community Service Employment Program (SCSEP) – Title V of the Older American Act of 1965 as amended (42 U.S.C 3056, et seq., FSM 1860).  This program provides part-time, community-service based work experience, training and a transition to the public and private sector labor markets for people age 55 and older.   The program is funded by the Department of Labor.

• Volunteers in the National Forests Act of 1972, as amended (16 U.S.C. 558a – 558d, P.L. 92-300, FSM 1830).  This program offers individuals and sponsored groups and organizations the opportunity to contribute their talents and services in helping manage our Nation’s natural resources.

• Hosted Programs:  Job Training Partnership Act of 1982 (P.L. 97-30 and as amended in Title I, Chapter 6, Subtitle C), Workforce Investment Act of 1998 (112 Stat. 936, P.L. 105-220, August 7, 1998), and other authorities (refer to FSM 1810 and FSM1850).  Hosted programs provide conservation training and work opportunities on national forests or in conjunction with federal programs.  Key partnerships exist with the Student Conservation Association and many of the state and local conservation corps who are members of the National Association of Service and Conservation Corps.

• Federal Grants and Cooperative Agreements Act of 1977 (FGCA)(codified at 31 U.S.C. 6301 – 6309). This Act distinguishes the difference between federal assistance relationships and federal procurement relationships.  This law defined legal instruments for documenting relationships between federal and nonfederal agencies and organizations.

• 2002 Appropriations: Sec 328, “Until September 30, 2003, the authority of the Secretary of Agriculture to enter into a cooperative agreement under the first section of Public Law 94-148 for a purpose described in such section includes the authority to use that legal instrument when the principal purpose of the resulting relationship is to the mutually significant benefit of the Forest Service and the other party or parties to the agreement, including nonprofit entities.”