VI. Grants and Agreements

Participating Agreements

The Cooperative Funds and Deposits Act of 1975 ( 16 United States Code (USC) 565a1-a3, Public Law 94-148) authorizes the Forest Service to enter into cooperatively-performed, mutually beneficial projects with public and private agencies, organizations, institutions, or persons in four specific areas:

Cooperative Pollution Abatement – Authorizes cooperative construction, operation, and maintenance of facilities related to pollution abatement such as sanitary landfills, garbage burn plants, recycling facilities, and water and sewer systems. A partner's facilities may be constructed on Forest Service land with a special use permit or easements, or on the partner's land. The partner holds title to the facility and the Forest Service has the right to use the facility.
Cooperative Manpower, Job Training, and Development Programs – Authorizes the Forest Service to cooperate with other parties to do projects benefiting Forest Service programs where the primary purpose is to provide a work environment, host trainees in order to accomplish the goals of others, and offer job training programs. The use of this instrument is only appropriate when partners have specific job training programs currently in place and all parties agree to share in the costs.
Cooperative Environmental Education and Forest History Materials – Authorizes the Forest Service to cooperate with others in the development and publication of environmental education and forest history materials. These can include books, pamphlets, brochures, and audiovisual productions. The Act prohibits cooperative publication of maps.
Forestry Protection – Work can include fire prevention, fuels management, insect and disease control, noxious weed control, tree planting and seeding, erosion control, abandoned mine reclamation, land restoration, hazardous material identification, water testing and protection, and air pollution abatement. Prohibited activities include all protection and maintenance work such as for roads and trails, recreation sites and facilities, fish and wildlife, rangelands, and work in a non-forest environment (warehouses, shops, and offices).

Agency policy for using this authority is described in FSM 1587.11 and FSH 1509.11 (Chapter 60).

Participating Agreement requirements include:

The Forest Service may provide reimbursable or advance payments.
Modifications do not need to retain the cost share ratio, but do need to be commensurate with the level of effort or funding provided.
Federal Acquisition Regulations might apply.
Tort liability may be conveyed to partners.
The match can be cash, real or personal property, services, and/or in-kind contributions.
The Forest Service may reimburse partners for part of the actual costs of materials and/or labor. Reimbursement cannot be based on value, but must be the actual costs incurred in support of the project.
A dollar-for-dollar match is not required.
Financial plans are required prior to starting work.
Funds may be used for printing under certain conditions. The Agreements Desk Guide, available on the Forest Service's Acquisition Management website, provides more detail on partnership publications (http://www.fs.fed.us/business/).