IX. Conduct and Ethics
Forest Service Authority to Accept and Solicit Gifts/Donations
In the course of developing and documenting mutual benefit partnership arrangements and working with grants and cooperative agreements, the involved parties discuss, negotiate, and document in-kind contributions, cash, and other program outlays. These contributions are not considered “gifts” under the terms of gift acceptance laws and regulations, but rather part of the overall partnership negotiation.
The following section describes the new Department of Agriculture Regulations on Gifts that are independent of a mutual benefit arrangement or other partnership negotiation. The terms “gifts” and “donation” are used interchangeably in the following discussion and apply to cash, real property or other forms of contributions to the Forest Service.
The Forest Service cannot solicit donations unless authorized by law to accept donations, and may only solicit donations in the manner authorized by government regulations. The Department’s Gift Act authority, (7 U.S. C, 2269), authorizes the Secretary and agencies of the Department to accept donations. This law includes the authority to solicit, but only in the manner authorized under government-wide ethics regulations and Departmental ethics and gift acceptance regulations (DR 5200-3). Navigating between these laws and regulations is challenging so when a particular issues is raised, talk withyour local office of the Office of General Counsel (OGC).
In addition to the Gift Act cited above (7 USC, 2269), the Forest Service has other specific statutory authorities to accept gifts and donations primarily related to real property as outlined in the Forest Service Manual 5420 (FSM 5420). The Forest Service’s authority to accept gifts under these statutes is of course, subject to Departmental Regulation 5200-3, the Department’s gift acceptance regulation.
Accepting gifts without statutory authority is an improper augmentation of agency appropriations. Such gifts must be returned to the donor or turned into the Treasury of the United States as miscellaneous receipts.
The USDA Directive on Acceptance of Gifts was extensively revised in 2003 and sets forth Department policies and procedures for acceptance and solicitation of gifts of property, including cash, to the Department and agencies of the Department. All units of the Forest Service should have copies of this regulation, be familiar with its content, and seek guidance from the Office of the General Counsel and agency ethics officials whenever questions arise. The full text of the regulation is available at the OCIO website.
Gifts to the Forest Service
What a Forest Service Employee Needs to Know
- For gifts of personal property, including cash, the Chief of the Forest Service or the Chief’s Designee may accept unconditional gifts.
- Conditional gifts of personal property can be accepted only by the Department’s Chief Financial officer or that official’s designee.
- Gifts of real property may also be accepted under the provisions of the Forest Service Manual (FSM 5420).
- Gifts cannot be accepted from people engaged with the Forest Service or USDA’s Natural Resources and Environment mission area as a contractor or contract bidder, borrower, grantee, cooperator, lessee, permittee, or other program participant, with certain exceptions. Gifts from applicants for Forest Service loans, grants, leases, or other program participation also cannot be accepted.
- Some gifts can be accepted from the restricted sources mentioned above if they are commemorative in nature, specifically authorized by statute, or if public benefit outweighs an appearance of loss of impartiality. (See Appendix I – Highlights from the USDA Directive on Acceptance of Gifts – for additional information on restricted sources and exceptions.)
- The Forest Service cannot solicit donations unless authorized by law to accept donations, and they may only solicit donations in the manner authorized by government regulations. Many restrictions exist regarding soliciting for gifts. Direct mail appeals, direct fundraising events, hiring development officers, or conducting any game of chance are not allowed. In addition, gifts MAY NOT be solicited from any of the restricted sources mentioned above even if the gift could be accepted as an exception.
- Gifts must be documented with a gift acceptance letter that includes a statement that acceptance is not an endorsement. An annual report of gifts received or copies of all gift acceptance letters must be submitted to the Department’s Office of Procurement and Property Management.
- Soliciting multiple or duplicate gifts that creates a substitute funding stream for routine operational expenses is not allowed.