Partnership Authorities Workgroup Report
April 2002

Key Findings and Recommendations

Issue: Partnership Authorities Workgroup Report

Lead Executive: Chief and Deputy Chiefs

Contact: Scott Conroy, Staff Assistant, Office of the Deputy Chief for Programs & Legislation

Situation: Partnerships are an essential part of how the USDA Forest Service delivers programs and services and develops relationships with communities of place and communities of interest. The agency is increasingly dependent upon working in partnerships, and the current organizational structures, management processes and business practices are not aligned to work effectively in partnership with communities, groups and organizations. The agency's partnership relationships are becoming more complex and the monetary and resource values of partnerships are growing.

The Deputy Chiefs and Chief asked the Partnership Authorities Workgroup (Workgroup) to analyze the issues in administering partnership authorities and to recommend legislative and administrative impr0ovements. The Work group has completed its review and has issued a report recommending comprehensive legislation to address 13 issue areas and a re-engineering effort that addresses policies, budgeting, accounting, staffing, training, report systems and agency culture. The benefits of implementing these recommendations include improvement of the agency's long-term relationships and the ability to leverage resources to accomplish conservation and stewardship goals. Re-engineering is essential to make full use of the proposed or existing authorities.

Partnership Authorities: The Forest Service uses a complex mixture of many authorities to work in partnerships. These authorities are often, unclear, interpreted inconsistently, or difficult to administer, and often require the use of multiple agreements or a combination of agreements, permits and procurements to implement single project or program. The authorities for working in partnership across jurisdictional boundaries and using Forest Service funds are confusing. The agency also lacks many authorities that are available to other federal natural resource agencies. The Workgroup recommends thirteen areas where new or clarified authorities would benefit our use of partnerships to accomplish the Forest Service mission. These include:

1. Emphasize Partnerships: Clarification from Congress to maximize use of existing partnership authorities. This authority would reinforce Congress' intent that the agency work in partnership with outside entities and acknowledge that the agency already has substantial authorities. This statement in conjunction with some of the following opportunities would help clarify congressional intent and provide strong context to assist in interpretation of existing authorities.
2. Partnership Agreements: Authority to enter into partnerships that provide mutual benefits to the Forest Service and partners, notwithstanding the Federal Grants and Cooperative Agreements Act. This authority would clarify congressional intent about the Forest Service entering into partnerships where the principle purpose of the relationship is to the mutually significant benefit of the Forest Service and the other party or parties. This authority provides clarification that would allow the agency to consolidate and reduce the number of agreement formats needed to document partnerships.
3. Permanent Wyden Amendment: Permanent authority to enter into Watershed Restoration and Enhancement Agreements beyond 2005 and clarification of activities classified as watershed restoration. This authority would provide for permanent Watershed Restoration and Enhancement Agreement (Wyden amendment) authority and would clarify the types of activities that are classified as watershed restoration.
4. Cost Share with Advancements: Change challenge cost share to cost share and seek authority allowing for advancement of funds. This authority would change current challenge cost share policy to allow partners to cost share at any level rather than requiring the 50% match and would allow either party to advance a percentage of funds or other resources toward a project or program to promote broader participation in cost share partnerships.
5. Supporting Nonprofit Partners: Clarify and expand authorities that allow the Forest Service to support and work with nonprofit partners. This authority would allow for providing professional and technical assistance, training, sharing equipment and collocate in facilities similar to those policies that exist for the National Park Service and are being put into place by the U. S. Fish and Wildlife Service.
6. Clear Interpretive Association Authority: Authority to expand the activities for educational and interpretive program partnerships between the Forest Service, and cooperating associations. This authority would broaden the type of educational and interpretative program materials and products that could be produced in partnership with interpretive and cooperating associations similar to those policies that are used by the NPS.
7. Start-up Grants to Nonprofits: Authority to allow the National Forest Foundation (NFF) to assist in the formation of local nonprofit organizations to support local Forest Service units. This authority would provide the NFF with expanded authorization to use both agency appropriated funds and private funds raised by the NFF to promote philanthropic programs of support for individual National Forest System units or groups of geographically connected units. This authority is similar to that granted to the NPS and the National Park Foundation.
8. Employee Role in Fundraising: Authority clarifying the role of the agency and employees when working with partners who are fundraising to support agency projects and programs. This authority would allow agency policies similar to the NPS Director's Order # 21, including clarification of the role of the agency and employees, policy for entering into and approving fundraising agreements, policy for distributing fundraising materials on National Forest System lands and the agency role in supporting fundraising events on National Forest System lands.
9. Accepting Gifts from Partners: Authority to exempt nonprofit organizations from prohibited source classification when support of the Forest Service and agency programs is part of the mission of these organizations. This authority would change department and agency policy to allow certain nonprofit public service organizations to make donations of cash or real property directly to the agency in support of agency projects or programs, even if these organizations have entered into a contract, special use permit or agreement to support the partnership.
10. Employee Role in Nonprofits: Authority to allow Forest Service employees, in an official capacity, to participate in and serve on boards of nonfederal public service organizations when it is in support of the agency's mission and programs. This authority would change departmental policy by amending 18 USC, Section 208, to authorize agency managers to approve and support full employee participation in nonfederal public service organizations and professional societies when it is in the public interest to do so.
11. Conservation Education: Authority to allow the Forest Service to develop or enhance education programs that further the mission of the agency using any funds appropriated to the agency. This would clarify the agency's authority to work with partners to develop and deliver conservation education programs using National Forest System appropriations and is similar to authority granted to the FWS.
12. Credit for Recruited Volunteers: Authority to allow partner organizations to claim the value of work completed by volunteers recruited, trained and supported by partners but enrolled as Volunteers in the National Forests. This authority would allow partners who recruit, train and support volunteers to claim the value of the work accomplished as part of their match requirement of challenge cost share or cost share agreements.
13. National Forest Service Funds for Scientific Expertise: Authority to allow National Forest System (NFS) units to enter directly into partnerships with Universities and Colleges to obtain the scientific expertise needed to fulfill the mission of stewardship and conservation of NFS lands. This authority would allow the transfer of NFS funds to universities, colleges and Cooperative Ecosystem Study Units, which is not currently allowed under existing interpretations of appropriation law. A key aspect of the issue is the arbitrary-and often inaccurate-determination that any cooperative relationship with a college or university is deemed to be research.

Partnership Re-Engineering: Re-engineering means a transformation with widespread leadership commitment. Re-engineering entails affirmative policy, process simplification, adequate tools, financial accountability, incentives, training and communications. The scope-of-work includes six key areas:

1. Policy Development and Leadership Direction: Working with the leadership of the agency, establish a simple and affirmative policy for partnerships emphasizing maximum discretion. Converting leadership's vision into concrete direction for managers and employees is critical. The Forest Service needs to revise its policy direction to provide consistent interpretation of authorities and remove unnecessary constraints.
2. Simplify Agreements: Simplifying the agreements process and developing a standardized agreement would enhance the ability of the Forest Service to work in successful partnerships. The Workgroup suggests designing partnership program management tools comparable to those available to contracting officer representatives, timber sale administrators and engineering contract inspectors. There are opportunities to continue to automate processes used to implement partnerships. Agency partners and field units should be involved in the design of these tools.
3. Budget, Financial Accountability and Incentives: Establishing consistent direction for obligating partner funding and the ability to carry dollars over multiple years would greatly expand the agency's capabilities in partnership relationships. The Forest Service needs a data system to account for partner contributions of dollars, resources in-kind and volunteer hours. Performance measures for accomplishing Forest Service project and programs through partnerships should be established.
4. Core Training and Competencies: The Workgroup recommends establishing a certification program for agreements specialists and a competency program for program managers and partnership practitioners. Training in how to work within authorities; how to work with non-governmental organizations, other agencies and communities; and partnership project and agreement management should be developed. This should include interagency training opportunities, and could be on-line as well as on-site training.
5. Resource Center and Network: An on-line, one-stop resource center would enhance the ability of employees in solving problems, enhance networking with existing partnership practitioners and provide a library/data system for their use. A resource center would also serve as a repository for success story models, funding resources, mentor contacts and links to other resources.
6. Organization and Staffing: The roles and responsibilities of partnership project managers, partnership coordinators and grants and agreement specialists need to be more clearly defined. The Forest Service also needs to review the adequacy of its organization and staffing and position descriptions for implementing a complex program that manages a greater value of resources than the agency does through contracting.