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FEPP DESK GUIDE


Zero Code

Last update; October 2007

Graphic - Back to Table of Contents

CONTENTS:

Availability Of Updates For The Fepp Desk Guide

A High Visibility Program

Authorities

Definitions

FSH 3109.12 Requiring Regional Supplements

References In FMR's And The FPMR's For The FEPP Program

Role Of State Forester

Use Of The Federal Excess Property Management Information System (FEPMIS)

FEPP rules - a brief summary

FFP rules - a brief summary

Standard Agreement – a sample for the FEPP program

Standard Agreement – a sample for the FFP program


AVAILABILITY OF UPDATES FOR THE FEPP DESK GUIDE

Print versions are available through the U.S. Department of Agriculture (USDA) Forest Service regional or area FEPP program managers. Updates will be posted online on the FEPP Desk Guide web site, as they become available, or contact National FEPP Program Manager for more information.


A HIGH VISIBILITY PROGRAM

The Federal Excess Personal Property (FEPP) Program refers to Forest Service-owned property that is on loan to State Foresters for the purpose of wildland and rural firefighting. Most of this property originally was the property of the Department of Defense (DoD) or other Federal agency and became excess to their needs.

Firefighter Property (FFP) refers to items obtained from the Defense Reutilization and Marketing Service for use in fire and emergency services by the State Agency and their cooperators. Ownership passes to the user on receipt. The DoD authorizes the Forest Service FEPP program to manage the transfer of DoD property through a Memorandum of Agreement.

The General Accounting Office investigates the FEPP program periodically and reports the findings to Congress. The United States Department of Agriculture (USDA), Office of the Inspector General (OIG), audits the program periodically. FEPP policy and procedure are in accordance with General Services Administration (GSA) and Forest Service direction.

This FEPP Desk Guide is written to clarify and amplify Forest Service Handbook (FSH) 3109.12, Property Acquisition Assistance Handbook. If there are conflicts between the two, FSH 3109.12 shall prevail. This direction is for the management and use of FEPP and Firefighter Property and for the purchase of fire supplies by the State Foresters and their cooperators from Federal sources. This Desk Guide may be updated periodically. Any comments should be sent to regional or area FEPP managers, or to:

National FEPP Program Manager, USDA Forest Service
Fire & Aviation Management
1400 INDEPENDENCE Ave, SW
Washington, DC 20250-1107

AUTHORITIES

State Foresters and the USDA Forest Service have mutually participated in the FEPP program since 1956. This participation stems from Forest Service authorization to furnish fire control stocks to States from Forest Service warehouses. When GSA took over these warehouses, they agreed, in a 1956 Memorandum of Understanding, to stock and distribute fire control equipment and supplies from the GSA Federal Supply Service. This formed the basis of the Forest Service proposal to GSA to make FEPP available to State forestry agencies. After review, GSA administratively agreed to extend this privilege to State Foresters or other authorized State officials participating in the Cooperative Fire Protection program.

Program authorities include the Codifying Title 40 United States Code 40 – Public Buildings, Property and Works; the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 483) and the Cooperative Forestry Assistance Act of 1978, (16 U.S.C. 2101 (note)). Other references and regulations include the USDA Organic Act of 1944, (16 U.S.C. 580a) and the Federal Management Regulations 101-43.309-1; 101-43-313; 101-43-314; in (40 U.S.C. 483).

Section 10(c) of the Cooperative Forestry Assistance Act of 1978 (P.L. 95-313), directs the Secretary of Agriculture to encourage use of FEPP by States and local fire forces. This was reaffirmed in a 1991 Memorandum from Kenneth E. Cohen, Assistant General Counsel, USDA, to L.A. Amicarella , USDA Forest Service Fire Director.

Unlike the Volunteer Fire Assistance (VFA) program, which is for the benefit of communities with a population at or below 10,000, recipients of FEPP and Firefighting property need only have a wildland or rural fire responsibility that satisfies the State Forester.

The FEPP program is a separate and distinct support facility than the Cooperative Fire Protection program. The Federal Government may have one of three types of relationship with non-Federal organizations: grants, contracts, and cooperative agreements. The FEPP program is handled by a cooperative agreement because of the “substantial involvement” between the Forest Service and the individual State foresters.

On August 22, 2005, the USDA Forest Service signed a Memorandum of Agreement with the DoD giving the Forest Service oversight to the state agencies to acquire and assign DoD Firefighting property authorized under 10 U.S.C. 2576b. This function is to be carried out through the Forest Service FEPP program. When the State Forester assigns FEPP and/or FFP property to a fire department or fire district, an additional cooperative agreement is required at that level. The USDA Forest Service cooperates with the fire department or fire district only by proxy.



DEFINITIONS

  • Accelerated Screening: A method used to screen property that has historically limited transfer and donation utilization.

  • Accountable Property Officer, APO:
    1. A Forest Service manager who has specific responsibilities and is accountable for the inventory assigned to the subunit, or
    2. The State Forester for FEPP property assigned to the State.
  • Acquisition Cost: The original cost of property to the Federal Government; same as standard price. May be an estimated amount to like items if it is missing.

  • Activity Address Code (AAC): A code assigned by the Federal agencies National Utilization Officer (NUO) to identify the authorized agency user. The General Services Administration (GSA) assigns an AAC to each office authorized to make procurements. AAC’s contain the delivery address and correspondence mailing and billing addresses.

  • Agency Asset Management System (AAMS): The USDA electronic program used to report all Federal excess personal property for internal screening.

  • Allocation: A GSA function to assign property to eligible entities.

  • Area Property Officer (APO): GSA field representatives who promotes the property disposal program, educates agency personnel, and assists with technical or unusual disposal problems. Also has responsibility for allocating, screening and inspecting excess property and assisting in property donation and sales.

  • Area Utilization Officer (AUO): This term has been replaced with Area Property Officer.

  • Assign: A function in FEPMIS that issues property from original acquisition to an assignment unit.

  • Assignment Unit: A term used in FEPMIS to identify authorized recipients of FEPP and FFP; may be a state agency, a volunteer or paid fire department.

  • Automatic Release Date (ARD): A specified date on which excess property becomes surplus property.

  • Cannibalization: The process of removing usable parts from an inoperable piece of property to repair or improve a similar piece of property; requires Forest Service approval.
  • Change of Status: A term used in FEPMIS to report property items that are excess to the agency needs or has been lost, stolen, or damaged. Function is also used to request modification and cannibalization of federal inventoried items. See Chapter 30.
  • Condition Codes: Numbers and/or letters used to define the condition of the property.
  • Consumable Property: Personal property that will be used providing its function and intended purpose; loses its identity in use; has no commercial value or the cost of continued handling and care would exceed the estimated proceeds from its sale. Oil, fabricating materials, vehicular parts, and gloves are examples.
  • Cooperative Agreement: A written agreement between State Foresters and firefighting agencies, or between State Foresters and the Forest Service, that lists terms and conditions of cooperation
  • Corporate Property Automated Information System (CPAIS): The Personal Property Subsystem of the USDA Property Management Information System. This inventory management system is operated from the National Finance Center, New Orleans, LA. Records of all USDA-inventoried FEPP (including sensitive property) shall be maintained in CPAIS and FEPMIS by the Forest Service. CPAIS is expected to replace PROP in the fall of 2007.
  • Defense Logistics Agency (DLA): Headquartered at Ft. Belvoir, VA; responsible for managing the Defense Reutilization and Marketing Service.
  • Defense Reutilization and Marketing Office (DRMO): Accountable Property Office at military installations responsible for property disposal. Each DRMO is a subdivision of the Defense Reutilization and Marketing Service.
  • Defense Reutilization and Marketing Service (DRMS): Headquartered in Battle Creek MI; responsible for the reutilization, transfer, and disposal of excess DoD property.
  • Demilitarization (DEMIL): As defined by the Department of Defense; the act of destroying the military capabilities inherent in certain types of equipment or material, making unusable of any whole item, part, assembly, or component that contains a critical characteristic whose transfer, donation, sale, disposal or unauthorized use would threaten National Security. Such destruction may include deep sea dumping, mutilation, cutting, crushing, scrapping, melting, burning, or alteration so as to prevent the further use of the item for its originally intended purpose.
  • Department of Defense (DoD): United States, Army, Navy and Air Force
  • Department of Defense Activity Address Code(DODAAC): A unique series of numbers and letters assigned to Dept of Defense agencies by Defense Automatic Addressing System Center (identifies customers).
  • Department of Defense Special programs:
    1. Civil Air Patrol (CAP) Program - is the official auxiliary of the USAF and is eligible to receive excess and FEPP without reimbursement; Title to the property is transferred to CAP upon the condition that the property be used by CAP to support valid mission requirements. The CAP must return unneeded property to a DRMO.
    2. Contractors (DDCON) Program - The Military Service/Defense Agency Management Control Activity (MCA) is authorized to withdraw excess personal property from DRMO's for use as GFM/Government Furnished Equipment (GFE) to support officially stated contractual requirements per the DoD 4000.25-1-M.
    3. Computers for Learning Program (CFL) - This program allows for the transfer of excess computer hardware to eligible elementary and secondary schools within the United States This program is based upon Executive Order.
    4. DoD Service Museums - 10 USC 2572 or 40 USC 481 and DoD 4160-21 M, Chapter 5 provide for DRMS issues of DoD excess for museum use, display, or exchange. Currently, DoD or service museums may acquire items for housekeeping purposes only. Moratorium for other items has not been removed.
    5. Firefighting Property (FFP) – Property transferred from the Department of Defense to a firefighting or emergency service agency to be put into use for fire or emergency services.
    6. Foreign Military Sales (FMS/Grant Aid) Program - DRMS conducts the sale of excess defense articles to authorized foreign governments. Property is issued free with the receiving Countries paying for PCH. DRMS is reimbursed for administration costs only. This program is overseen and directed by the Defense Security Assistance Agency (DSAA) for the Under Secretary of Defense for International Affairs.
    7. Humanitarian Assistance Program (HAP) - As provided by Title 10, Section 2547 of the Defense Authorization Act DRMS provides DoD excess property, as coordinated through Defense Security Cooperation Agency, Office of Humanitarian and Refugee Affairs. , consisting of items of a humanitarian assistance nature, and distributed to needy third world countries.
    8. Law Enforcement Support Office (LESO) - The National Defense Authorization Act for 1997 created a program under Section 1033 allowing the transfer of excess Department of Defense (DoD) property to law enforcement agencies for use in counter-drug activities. The Law Enforcement Support Office (LESO) Program, managed by the Defense Logistics Agency, transfers needed equipment to federal and state law enforcement agencies, while simultaneously providing the military services one of several outlets for their excess property.
    9. Military Affiliate Radio System (MARS) Program - MARS operates under the command jurisdiction of the Military Services and is an integral of the DoD communication system.The Military Services responsible for MARS are authorized to requisition excess and FEPP through their respective accountable officers.
    10. Morale, Welfare, Recreation Activities/Services Program (MWRA) - May requisition excess and FEPP through the servicing Accountable Officer or from the MWRA/Services Accountable Officer if the MWRAs/Services has a DoDAAC on file with DAAS. Items requisitioned from DRMO shall be for administrative and other purposes from which no direct benefits will be realized by individuals.
    11. National Guard Units Program - Issues to National Guard units must have the approval of the National Guard Bureau or the U.S. Property and Fiscal Officer (USP&FO), or their authorized representative, for the State in which the National Guard unit is located.
    12. Senior Reserve Officer Training Corps (ROTC) Units Program - Senior ROTC units of the military services may obtain excess and FEPP from DRMO's to support supplemental proficiency training programs. Issues must be approved by the installation commander, or designee, normally responsible for providing logistical support to the instructor group. Issues shall be made to the accountable officer of the school concerned.
  • Donation: Transfer of ownership of surplus property to a qualified Donee (FPMR 101-44, Donation of Personal Property), authorized by General Services Administration (GSA).
  • Donee: Any of the following entities that receive Federal surplus personal property through a State Agency for Surplus Property (SASP):
      A service educational activity (SEA)
      A public agency
      An eligible nonprofit tax-exempt educational or public health institution (includes providers of assistance to homeless or impoverished families or individuals).
      A state or local government agency, or a nonprofit organization or institution, that receives funds appropriated for a program for older individuals.
  • Durable Property: Property that has an expected life span of more than 2 years; and/or has a commercial value as an item or for its value in scrap content.
  • Estimated Cost of Repair (ECR): Estimated cost to restore property to a useable condition.
  • Excess Personal Property: Any personal property under the control of a Federal agency that is not required by the agency in the discharge of its responsibilities, as determined by the agency head or appointee.
  • Exchange/Sale: The practice of trading or selling property that is not excess to the needs of the holding agency but eligible for replacement. The exchange allowance or sale proceeds are used to pay for replacement with a similar item. The authority to trade-in or sell property and apply the proceeds toward the purchase of new or rebuilt equipment lies with the Federal agency. Advance written authority from the Forest Service property management officer (PMO) is required.
  • Expendable Property: Durable or consumable personal property with an acquisition value of less than $5,000.00. Expendable property is not tracked on Federal inventory.
  • Fair Market Value: Estimated sale price of the property on the open market.
  • Federal Excess Personal Property (FEPP): Property acquired from excess for loan to the State Foresters for use in rural and/or wildland fire programs. The acronym may also refer to any property that is excess to a Federal agency.
  • Federal Excess Property Management Inventory System (FEPMIS): The Forest Service-sponsored, FEPP inventory management data base for all records, documentation, and audit processes involved in acquiring, managing, and disposing of FEPP; also used to document DoD FFP acquisitions and allocations.
  • Federal Management Regulations (FMR): As of May 2000 GSA has begun to rewrite the property management regulations formerly found in the Federal Property Management Regulations (FPMR). Citations begin 102-36.
  • Federal Property Management Regulations (FPMR): Includes the Federal Property Management Regulations, the Agriculture Property Management Regulations, and the Forest Service Property Management Regulations (FSPMR's). Citations begin with 101 for FPMR's, 104 for AGPMR's, and 104G for FSPMR's.
  • Federal Supply Class (FSC): The first four digits of the national stock number. A complete listing of FSC’s can be found at this web address: http://www.dlis.dla.mil/forms/forms.asp
  • Federal Supply Group (FSG): The first two digits of the national stock number. A complete listing of can be found at this web address: http://www.dlis.dla.mil/forms/forms.asp
  • Fire and Aviation Management (F&AM): The USDA Forest Service staff group that administers the FEPP program.
  • Fire Program: A combination of activities, including prevention, pre-suppression, and suppression, designed to result in a decrease in losses of wildland.
  • Firefighter Property (FFP): Property acquired from the Department of Defense for firefighting and emergency services. Authorized under 10 U.S.C. 2576b.
  • Fixed Price/Negotiated Sales: Authority granted to GSA under P.L. 100-612 to sell Government exchange/sale property at negotiated or fixed prices.
  • Flight Safety Critical Aircraft Parts (FSCAP): Any part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in loss or serious damage to the aircraft or an un-commanded engine shut-down resulting in an unsafe condition.
  • Forest Service Handbook 3109.12 (FSH 3109.12): The Forest Service handbook that contains operational direction for the FEPP program.
  • Forest Service Manual 6410 (FSM 6410): Official Forest Service policy for Personal Property Management, including FEPP.
  • Freeze: A term used in the Agency Asset Management program. A freeze shows an indicated interest in the transfer of FEPP; to place a request with a USDA agency to acquire excess personal property. A freeze does not reserve property or guarantee disposition.
  • General Services Administration (GSA): Agency responsible for all Federal Excess Personal Property, to include FS FEPP, transfer, donation and disposals government-wide.
  • GSA Xcess: The web based, interactive database that controls the nationwide inventory of excess/surplus property for transfer and donation. Xcess sends items to GSA sales after screening release date (SRD).
  • Holding Agency: The office accountable for property although the property may be physically located elsewhere.
  • Incidental Use: The unplanned use of property; occurs without intention or calculation. Usage is subordinate and non-essential to the primary and defined mission.
  • Inventoried Property: FEPP with an acquisition cost of $5,000 or greater; and sensitive property with any original acquisition cost. These items are to be formally recorded in PROP and FEPMIS and physically accounted for at least biennially.
  • Local Unit: A term used in FEPMIS to identify authorized recipients of FEPP and FFP. May be a state agency, a volunteer or paid fire department.
  • Login: A unique identifier for an electronic system, assigned to an authorized person in order to gain access into specific program.
  • Modification: The practice of splitting property into multiple items, e.g. a generator set with a trailer could be split into 2 generators and 1 trailer; also includes the practice of removing portions of an item, e.g. removing a dump truck bed from the dump truck in order to convert the item into a usable piece of fire equipment. Modification of items shall be documented in FEPMIS and PROP and disposal of the resultant pieces of property shall follow all applicable processes. See Chapter 30.
  • National Item Identification Number (NIIN): A detailed code that identifies a specific item; 9 digits combined with the FSC code provides the NSN.
  • National Stock Number (NSN): The 13-digit assigned identifying number that is used for Federal Government property.
  • National Utilization Officer (NUO): An agency designated property management official whose duties consist of broad responsibilities related to the utilization and disposal of property.
  • NFC ID Number: A unique alpha-numeric designation for Federal inventoried property, provided by the Forest Service and assigned to the State Forester.
  • Negligence: The failure to abide by Federal rules and regulations. Gross negligence is the intentional, willful, or wanton failure to exercise a reasonable degree of care to protect FEPP property in one's custody in reckless disregard of the consequences of the actions.
  • Ninety/Ten Rule: The requirement that FEPP be used at least 90 percent of the time for fire or emergency services. Up to 10 percent planned non-fire use is allowed.
  • Non-expendable Property: Personal property with an original acquisition cost of less than $5,000; does not include property that is designated as sensitive by the FSPMR 104G-50.001-10. This property is not to be tracked in PROP, but it may be tracked in FEPMIS for management purposes.
  • Non-inventoried Property: Property with an acquisition cost of less than $5,000 that is not designated as sensitive by the PMO. This property is not required to be entered into PROP for reporting purposes. Non-inventoried property is accountable and must be controlled at least to the level of similar State-owned property.
  • Non-reportable Excess Personal Property: A GSA term used in the acquisition and disposal of property that does not require a formal report to the GSA. The need for reporting to GSA is determined by cost, condition code, and Federal Supply Class (sec. 63.3).
  • Personal Property: Any property that can be moved from one location to another.
  • Program Managers: Forest Service national/regional/area representatives with the responsibility of providing overall management and leadership of the FEPP program; provides guidance and direction to State Cooperators’ on various coop programs.
  • PROP: The Personal Property Subsystem of the USDA Property Management Information System (PMIS). This inventory management system is operated from the National Finance Center (NFC), New Orleans, Louisiana. Records of all USDA-inventoried FEPP (including sensitive property) shall be maintained in PROP and FEPMIS by the Forest Service.
  • Property Acquisition Assistance Handbook (PAAH): Forest Service Handbook 3109.12, which gives policy and direction on management of FEPP on loan to State Foresters.
  • Property Management Officer (PMO): Forest Service regional/area representatives with responsibility for authorizing acquisition and disposal of FEPP. Provides guidance and direction to State Co-operators’, ensure compliance of all Federal and Forest Service regulations pertaining to the FEPP and FFP programs.
  • Public Agency: Any state, political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between states or political subdivisions; multi-jurisdictional sub state districts established by or pursuant to state law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.
  • Real Property: Land, buildings, permanent structures; real estate.
  • Regional Logistics Support Office (RLSO): Term has been replaced with the Law Enforcement Support Office (LESO).
  • Reimbursable Property: Property that because of its funding source or exchange/sale designation allows an agency to be compensated from proceeds.
  • Re-issue: A function in FEPMIS used to move property from one assignment unit to another.
  • Repairable: Property that can be repaired for use, may be reutilized internally.
  • Report Number: The 14-digit number assigned by the Forest Service to the SF-120 and AD 112, Change of Status for Personal Property. This number consists of a 6-digit activity address code, 4-digit Julian date, and 4-digit item number.
  • Reportable Excess Personal Property: A GSA term used in the acquisition and disposal of personal property that requires a formal report to GSA (sec. 63.3).
  • Rural Community: A rural area or community with a population at or below 10,000 (306 (a)(7) Consolidated Farm and Rural Development Act).
  • Salvage: Property with an estimated cost of repair exceeding 65 percent of acquisition cost or standard price. Property has usable parts for cannibalization or resale value.
  • Scrap: Personal property that has no value except for its basic material content; includes waste. Property in this condition would not be repairable or have salvageable parts.
  • Screen: Authorization to search for available property electronically and request excess.
  • Screener: Person given access to search and freeze excess property on-site, online, or from excess property catalogs, forms, and other sources.
  • Screener's ID Card: Identification card used by non-Federal employees to gain access for on-site screening. This card must have Forest Service property management officer approval.
  • Screening: The process of inspecting property or reviewing reports of property to determine whether property is usable or needed for utilization or donation purposes; either by paper or using on line tools.
  • Search and Select: Similar to screening. The electronic processing of searching excess property in GSAXcess and selecting, that is, submitting a request for property.
  • Sensitive Educational Activity (SEA): Any educational activity designated by the Secretary of Defense as being of special interest to the armed forces; e.g., maritime academies or military preparatory schools.
  • Sensitive Property: Property with an acquisition cost of less than $5,000.00, which must be inventoried because of its susceptibility to fraud, waste, or theft. Each Forest Service region/area property management officer will determine which items will be classified as sensitive in addition to those identified service wide in FSPMR 104G-50.001-10.
  • Serviceable Property: Property that can be repaired for use, may be reutilized internally. All serviceable property is reported to AAMS and GSA Xcess by the Forest Service.
  • State: One of the 50 states, the District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
  • State Agency for Surplus Property (SASP): A State agency designated under State law authorized to receive Federal surplus personal property for distribution to eligible donees within the State as provided for in 40 U.S.C. 549. The State Foresters are authorized to acquire property from this agency in addition to FEPP. Nationwide, the SASP's are represented by the National Association of State Agencies for Surplus Property (NASASP).
  • State Fire Assistance (SFA): A Cooperative Fire Protection grant program which provides matching dollars to State Foresters for the State fire prevention and control programs.
  • Supplementary Address Code: A secondary DoDAAC which provides the holding agency a different Ship-To-Address than the Primary DoDAAC's Address.
  • Surplus Property: Any excess personal property not required for the need and the discharge of the responsibilities of any Federal agency as determined by GSA. Property on loan to State Foresters through the FEPP program is NOT surplus.
  • Surplus Release Date (SRD): A specified date when Federal screening has been completed and the excess property becomes surplus.
  • Transfer: The reassignment of property internally between offices within a federal agency or externally between two federal agencies.
  • Unserviceable Property: Property that is in scrap or salvage condition. Federal excess unserviceable property is reported in AAMS and GSA Xcess by the Forest Service for screening.
  • United States Department of Agriculture (USDA): A department under the Executive Branch of Government. The Forest Service is a USDA agency.
  • Usable: Property that requires minimal or no repair to be put into service.
  • Volunteer Fire Assistance (VFA): A Cooperative Fire Protection program, through which assistance in organizing, equipping, and training is made available to fire departments in rural communities.
  • Want List: A list of needed National Stock Numbers or National Identification Numbers, which Dept of Defense or GSA Xcess customer uploads on the respective web site. The query may be schedule to run against the inventory for one week to two year time periods. Users are notified via email (matches or no results).
  • Warehousing: Managing stocks of inventoried and non-inventoried property. See Chapter 20.

  • FSH 3109.12 REQUIRING REGIONAL SUPPLEMENTS

    The regional foresters and area director are required to delegate responsibility for the FEPP program by supplement to this handbook. See 3109.12, 04.4.


    REFERENCES IN FMR'S AND THE FPMR'S FOR THE FEPP PROGRAM

    The FPMR's are Government-wide property regulations written by the GSA. They are being superseded by the FMR, published in the Code of Federal Regulations as Title 41, Chapter 102. The FPMR's are published as the Code of Federal Regulations 41, Chapter 101, and references begin with 101. USDA supplements are referenced as 104, and Forest Service supplements to the FPMR's are referenced as 104G. These regulations cover all aspects of personal property management, such as:

  • Why We Cannot Transfer Title (FMR 102-36.190(b)
  • Why Stockpiling Is Prohibited (FMR 102-36.155(e)
  • Exchange/Sale Restrictions (FPMR 101-46.204)
  • Reporting Requirements (By Condition Code) (FMR 102-36.220)
  • Why Excess and Surplus Are Not the Same (FMR 102-36.40)
  • When Excess Becomes Surplus (FMR 102-36.95, 102-36.35(b)
  • Why Property Transfers Go Through GSA (FMR 102-36.55)
  • Why Fair Market Value Reimbursement Is Sometimes Required (FMR 102-36.75(b), 102-36.85)
  • Why We Use SF-122 (FMR 102-36.125)
  • Why We Perform Audits, Compliance Reviews (FPMR 101-45.107)
  • When Do We Have the Authority To Abandon Property (FMR 102-36.305)
  • The Federal portion of the FMR's and FPMR's published as the Code of Federal Regulations (CFR), may be purchased, contact:

      Government Printing Office
      Superintendent of Documents
      Mail Stop: SSOP
      Washington DC, 20402-9328
      Telephone: (202) 512-1800

      contactcenter@gpo.gov

    Request CFR 41, Chapter 101. AGPMR's and FSPMR's may be requested from the regional/area Forest Service office.


    ROLE OF THE STATE FORESTER

    1. Implement cooperative agreements with the Forest Service that outline terms and conditions of the loan of Federal Excess Personal Property (FEPP).
    2. Ensure that the Federal Government retains title to all FEPP on loan to them.
    3. Using adhesive stickers provided by the Forest Service, or an etching tool or similar identification process, label or otherwise identify all FEPP, except for consumable property.
    4. Requisition only FEPP that the State fire program can and would use efficiently for firefighting purposes.
    5. Administer, account for, use and dispose of FEPP and DoD FFP in accordance with Forest Service and GSA written direction. Currently, this direction is contained in the Property Acquisition Assistance Handbook, the FMR's the FPMR's, and FSM 6410 and is summarized and elaborated upon in this guide.
    6. Provide adequate protection for all FEPP, including property awaiting disposition.
    7. Dispose of FEPP only as provided for in this Handbook.
    8. Ensure that FEPP is not available for rent or lease and allow only incidental use of FEPP outside the State’s fire program.
    9. Establish controls necessary to account for, manage, and use property that may be loaned to local cooperators in accordance with the Property Acquisition Assistance Handbook.
    10. Identify for transfer only Firefighting property that can be effectively used by State, territorial, or District of Columbia firefighting or emergency services agencies.
    11. Establish controls necessary to allocate property to cooperators in accordance with the guidance set forth in the Property Acquisition Assistance Handbook (FSH 3109.12) and the Cooperative Agreement which is elaborated in this guide.
    12. Ensure safe use of all FEPP.
    13. Report to the Forest Service by letter or e-mail on a timely basis all accidents involving FEPP that result in personal injury to anyone or more than $1,000.00 in property damage.
    14. Forward to the Forest Service police reports and witness statements as necessary.
    15. All property damage must be documented in the Federal Excess Property Management Information System (FEPMIS).
    16. Establish controls necessary to account for, manage, and dispose of DoD FFP items requiring Demilitarization (includes Demil C, D, and F property) according to direction elaborated upon in this guide.
    17. Permit authorized representatives of other agencies to screen FEPP items reported to the Forest Service for disposal.
    18. Perform physical inventory of Federal inventory and reconcile to accounting records at least once every 2 years, or more often if requested by the Forest Service PMO.
    19. Provide access to, and the right to examine all records, books, papers, or documents relating to the FEPP program and the DoD FFP to the Forest Service, the DoD, the DoD Inspector General, Comptroller General of the United States or their authorized representatives, and the USDA including its Office of the Inspector General or their authorized representatives. This requirement will also apply to all other local governments, private organizations, recognized Native American tribes, or individuals who become the users or owners of said property. This provision shall be incorporated into any agreement by the State with all other users, similar to the clause in the agreement between the USDA Forest Service and the State cooperators.


    USE OF THE FEDERAL EXCESS PROPERTY MANAGEMENT INFORMATION SYSTEM (FEPMIS)

    FEPMIS is the official program management database for the FEPP program. Its use is mandatory for acquisition, disposal and inventory certification of FEPP property, and for tracking specific information related to FEPP aircraft security (Chapter 40). FEPMIS is mandatory for acquisition and assignments of FFP and for tracking FFP items requiring demilitarization (DEMIL C, D, and F) until final disposal. Use by the State agency for other FEPP management functions is optional.

    Instructions on how to use FEPMIS can be found on the FEPP web site or by contacting your Forest Service regional Program Manager


    FEPP RULES - A BRIEF SUMMARY

    General:
  • All Forest Service FEPP is on loan from the Federal Government to State cooperators, title stays with the Federal Government and property must be either returned to the Government following use or disposed of with Forest Service approval following Federal procedures.

  • FEPP Inventory property must be accounted for from acquisition until it is consumed, returned, or properly disposed of.

  • FEPP property must be verified and a 100% physical inventory must be completed every two years.

  • Before FEPP may be sub loaned or transferred by the State Agency, a current FEPP cooperative agreement must be in effect between the State and the cooperating fire department/district. A fire department or district must meet certain eligibility requirements to have FEPP property.

  • The local State district or region may administer FEPP property for local fire departments/districts.

  • Acquisition:
  • Fire districts/departments cannot acquire FEPP property without prior approval of the State and Forest Service.

  • Certain types of equipment may not be acquired, as outlined in the FEPP Desk Guide.

  • All FEPP equipment will be acquired for the intent of using the equipment for a fire protection program.

  • Use:
  • Except in emergencies (when life or property are threatened), FEPP must be used for direct fire protection program purposes a minimum of 90%.

  • State cooperators are permitted to plan 10% usage of FEPP for non-fire use.

  • No personal use of FEPP is allowed - NO EXCEPTIONS.

  • FEPP must be maintained and stored to avoid excessive deterioration.

  • FEPP rolling stock must be painted in accordance with the State Handbook.

  • FEPP inventory tags must be attached in a visible location on all inventoried items (with the exception of installed component parts).

  • Serial numbers and property data plates must remain on FEPP property.

  • FEPP property cannot be sold, loaned, disposed of, or transferred without Forest Service permission.

  • FEPP equipment that is uneconomical to repair will be reported to the Forest Service as excess or as an item for parts only within 2 years of acquisition. Parts items will retain their identify as a part.

  • Excess items must be reported for final disposal in a timely manner.

  • Parts items with an acquisition cost of $5,000.00 or greater will be placed on the Federal inventory.

  • FEPP aircraft that is acquired to be put into use must be restored and ready for use within 4 years of acquisition. If after 4 years the aircraft has not been put into service, the State Forester will prepare a Plan of Work to be kept on file with the Forest Service regional PMO and the Washington Office Program Manager, identifying the progress on the refurbishment and note the expected date of completion. A 1 year extension can be approved by the Regional PMO, after that time the aircraft will need to be reported for excess if not put into service.

  • FEPP aircraft that are acquired for parts will be placed on the Federal Inventory as aircraft component parts and will not be identified as an aircraft.

  • Cannibalization:
  • (Stripping for Parts) Items that are no longer useful or economical to repair may have a request for cannibalization.

  • Cannibalization must be approved, by the Forest Service, prior to removing any usable parts.

  • Requests for cannibalization can be done when the FEPP item is requested for acquisition on the SF 122.

  • The carcass of items not actively being cannibalized will be reported for disposal on the SF 120.

  • Stripped parts with an estimated acquisition value of $5,000.00 or greater must be reported on the Federal inventory in FEPMIS and PROP.

  • Required Demil of C, D, and F aircraft parts must be disposed of through approved procedures.

  • Accountability:
  • All FEPP is accountable.

  • Federal property items (with the exception of component part and consumable items) must have a FEPP property sticker or FEPP plate in a visible location.

  • Federal inventoried property must be marked with a serial number and/or NFC ID number.

  • 100% physical inventories will be done a minimum of every 2 years verifying all pertinent information; including serial number, manufacturer, model, year, physical location, fuel type, and condition.

  • Inventory “Certification” will be done in FEPMIS and PROP at a minimum of once every two years.

  • Anytime Federal inventoried FEPP property changes physical location, a reissue of property must be done in FEPMIS.

  • Disposal:
  • The State FEPP Handbook disposal procedures must be followed.

  • All disposal of FEPP property must be approved in advance by the State and the Forest Service.

  • Reviews:
  • Fire district cooperator FEPP programs will be reviewed a minimum of once every two years by the State agency. Any violations of FEPP program rules and regulations must be immediately corrected.

  • Forest Service reviews will be conducted at a minimum of once every five years or as needed.

  • Forest Service reviews that result in 3 or more “NO’s” in the “Critical Items” of the “Review Summary” will require a follow-up review within 18 months.

  • Repeated or major violations of the program rules can result in loss of acquisition privileges or complete program termination, including the return of existing equipment.


  • FFP RULES - A BRIEF SUMMARY

    General:

  • All FFP must be put into use for firefighting or emergency services.

  • Ownership of FFP will pass to the State or firefighting agency upon the cooperator taking possession of the equipment (such as removing or having the equipment removed from a DRMO).

  • DoD FFP must be accounted for from acquisition to assignment.

  • Before FFP may be sub loaned or transferred by the State Agency, a current FEPP/FPP cooperative agreement must be in effect between the State and the cooperating fire department/district. A fire department or district must meet certain eligibility requirements to have FPP property.

  • The local State district or region may administer FFP property for local fire department/district.

  • Acquisition:
  • Fire department/district cannot acquire FFP property without prior approval of the State and Forest Service.

  • Certain types of equipment may not be acquired, as outlined in the FEPP Desk Guide.

  • Use:
  • FFP property must be put into use for firefighting and/or emergency services.

  • FFP must be painted to cover all military markings or obvious military patterns.

  • No personal use of FFP is allowed - NO EXCEPTIONS.

  • Demil C, D, and F FFP property cannot be sold, loaned, disposed of, or transferred without Forest Service permission.

  • Demil C, D, and F property will be returned to the DRMO when no longer needed.

  • FFP property that cannot be put into use for fire or emergency services shall be reported, in writing, to the State agency. Inoperable items may then be disposed of according to the state agency direction.

  • Reviews:
  • FFP records may be reviewed by the Forest Service while conducting a FEPP review or on a technical assistance visit. Any violations of FPP program rules and regulations must be immediately corrected.

  • Repeated or major violations of the program rules can result in loss of acquisition privileges or complete program termination.


  • STANDARD AGREEMENT - A SAMPLE FOR THE FEPP PROGRAM

    This MOU is not intended to be used as a template. All agreements should be processed through the State agency and Forest Service Regional Office prior to signature.

    SAMPLE FEPP MEMORANDUM OF UNDERSTANDING

    COOPERATIVE AGREEMENT FOR USE OF
    FEDERAL EXCESS PERSONAL PROPERTY
    IN THE COOPERATIVE FIRE PROTECTION PROGRAM

    THIS AGREEMENT is entered into by and between the State of ____________, by and through the _______________(agency name), hereinafter referred to as the STATE, under the authority of State Forestry Laws, (insert applicable State statute references), and the Chief of the Forest Service, United States Department of Agriculture (USDA), by and through the Regional Forester, hereinafter referred to as the FOREST SERVICE; under the authority of the Federal Property and Administrative Services Act of 1949, as amended, codified at 40 U.S.C. 471, the Department of Agriculture Organic Act of 1944 as amended (16 U.S.C. 580a), and Section 10(c) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(c)).

    WHEREAS, the STATE meets the requirements of the Federal Excess Property Program (FEPP) and desires to cooperate with the FOREST SERVICE in the furtherance of objectives in the Cooperative Fire Protection program which makes provisions for cooperators to take custody of and use Federal Excess Personal Property, and;

    WHEREAS, the FOREST SERVICE desires to cooperate with the STATE in the prevention and control of wildfires and the use of prescribed fires on non-Federal rural lands and in rural communities, which require specialized fire protection equipment, and;

    WHEREAS, the FOREST SERVICE has the authority to lend Federal Excess Personal Property needed for rural fire protection to the STATE and local forces for their use.

    NOW, THEREFORE, in consideration of the above, the parties hereto mutually agree as follows:

    THE STATE SHALL:

    1. Accept on loan only Federal Excess Personal Property that the STATE Fire Program can and will use efficiently for rural fire protection activities.
    2. Administer, account for, use and dispose of Federal Excess Personal Property acquired in the Rural Fire Prevention and Control program in accordance with FOREST SERVICE and General Services Administration (GSA) applicable regulations, handbooks or other written direction. Currently, the regulations are published in the Federal Acquisition Assistance Handbook (FSH 3109.12), Personal Property Management (FSM 6410), the Forest Service Property Management Regulations (FSH 6409.31, 104G-50), the Agriculture Property Management Regulations (FSH 6409.31, 104-50), and the Federal Management Regulations, (FMR 102-36). These regulations are summarized in the FEPP Desk Guide. However, the statutes and regulations take precedence over the Desk Guide, which is published as guidance, not binding regulation. The regulations are amended from time to time and the STATE agrees to comply with current and future amended regulations.
    3. Establish controls necessary to account for, manage, use, and dispose of said property, which is further assigned to other local cooperators or users in accordance with the Federal Acquisition Assistance Handbook (FSH 3109.12). The Federal Excess Property Management Information System (FEPMIS) meets this requirement.
    4. Perform physical inventory of inventoried Federal Excess Personal Property and reconcile to property accounting records at least once every two years or as requested by the Forest Service Property Management Officer.
    5. Use the Federal Excess Property Management Information System to document acquisition and disposal of Federal Excess Personal Property.
    6. Reimburse the Federal Government for the fair market value of lost, stolen, or damaged Federal Excess Personal Property when the FOREST SERVICE determines the loss, theft, or damage was the result of gross negligence, or repair or replace the equipment at STATE expense. Fair market value is defined in the Federal Management Regulations at FMR 102-36.40. If the property is damaged beyond repair, but has salvage value, the STATE may deduct from its reimbursement the salvage value recovered by the Federal Government.
    7. Provide access to and the right to examine all records, books, papers, or documents relating to the Federal Excess Personal Property (FEPP) program to the FOREST SERVICE, including its office of Inspector General, and the Comptroller General of the United States or their authorized representatives. This requirement shall also apply to all other recipients, including local governments, private organizations, recognized Indian Tribes, or individuals who become the users of said property. This provision shall be incorporated into any agreement by the STATE with all other users.

    THE FOREST SERVICE SHALL:

    1. Provide the STATE with the Federal Excess Personal Property Handbook, the FEPP Desk Guide, copies of other applicable Forest Service Manuals or Handbooks if requested, and any subsequent changes and instructions relating to the Federal Excess Personal Property program. These materials may also be provided via the Internet.
    2. Provide guidance and direction to the STATE in the management and disposal of Federal Excess Personal Property.
    3. Maintain adequate records necessary to control Federal Excess Personal Property as defined in the FEPP Desk Guide.

    IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT:

    1. This agreement will be governed by OMB Circular No. A-87, Cost Principles for State, Local and Indian Tribal Governments, and audit requirements under OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
    2. Title to all Federal Excess Personal Property shall remain vested in the United States.
    3. The State may retain custody of the property at its discretion, as long as program requirements are met.
    4. Nothing herein shall be construed as obligating the FOREST SERVICE to expend funds or as involving the United States in any contract or other obligations for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work.
    5. This agreement shall be effective upon execution by the parties hereto and remain in effect for a maximum of five (5) years from the time of execution, unless terminated by either party in writing.
    6. Either party may terminate this agreement by providing written notice to the other party 60 days prior to the termination date. If the agreement is terminated, the STATE shall be ineligible to continue participation in the Federal Excess Personal Property program. Upon termination of this agreement all Federal Excess Personal Property assigned to the STATE shall be returned to the USDA-FOREST SERVICE. Prior to terminating a STATE’s eligibility for cause, the FOREST SERVICE shall attempt alternative resolutions.
    7. Designated STATE and Federal parties to this program will perform joint reviews to assure compliance with the Federal Excess Personal Property Handbook and other applicable statutes and regulations, and to recommend changes to improve the program or to bring it into compliance with program and property management requirements.
    8. This agreement does not supersede or alter any other written agreement currently in effect but shall be construed in conjunction with the Rural Fire Prevention and Control program.
    9. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by the parties, prior to any changes being performed.
    10. Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).
    11. This instrument in no way restricts the Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals.
    12. The principal contacts for this instrument are:
    13. (Insert FS Contact Name) (Insert Cooperator Contact Name)
      USDA Forest Service (State Name)
      (Staff & Location) (Mailing Address)
      (Street or P.O. Box XXXX) (City, State, Zip Code)
      (City, State, Zip Code) (Contact Telephone No.)
      (Contact Telephone No.) (Fax No.)
      (Fax No.) (E-mail address)
      (E-mail address)  

    14. The cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies. These include, but are not limited to: (a) Title VI of the Civil Rights act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in primary and secondary recipient/cooperator offices, at the public service delivery contact point and included, in full, on all materials regarding such recipients’/cooperators’ programs that are produced by the recipients/cooperators for public information, public education, or public distribution:

    "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)"

    To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W. Whitten Building, 1400 Independence Avenue, SW Washington DC, 20250-9410; or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

    If the material is too small to permit the full statement to be included, the material will at a minimum include the statement, in print size no smaller than the text; This institution is an equal opportunity provider.

    IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below.

    ________________________________________________

    (State Forester) Date

    ___________________________________________________

    (Regional Forester) Date

    USDA Forest Service

    cc: Grants and Agreements/WO
         Financial Management/WO
         Fire and Aviation Management/WO

    STANDARD AGREEMENT - A SAMPLE FOR THE FFP PROGRAM

    This MOU is not intended to be used as a template. All agreements should be processed through the State agency and Forest Service Regional Office prior to signature.

    SAMPLE FEPP MEMORANDUM OF UNDERSTANDING

    COOPERATIVE AGREEMENT FOR USE OF
    FEDERAL EXCESS PERSONAL PROPERTY
    IN THE COOPERATIVE FIRE PROTECTION PROGRAM

    THIS AGREEMENT is entered into by and between the State of ____________, by and through the _______________(agency name), hereinafter referred to as the STATE, under the authority of State Forestry Laws, (insert applicable State statute references), and the Chief of the Forest Service, United States Department of Agriculture (USDA), by and through the Regional Forester, hereinafter referred to as the FOREST SERVICE; under the authority of the Federal Property and Administrative Services Act of 1949, as amended, codified at 40 U.S.C. 471, the Department of Agriculture Organic Act of 1944 as amended (16 U.S.C. 580a), and Section 10(c) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(c)).

    WHEREAS, the STATE meets the requirements of the Federal Excess Property Program (FEPP) and the Department of Defense (DoD) firefighting property transfer program authorized under 10 U.S.C. 2476b. The STATE desires to cooperate with the FOREST SERVICE in the furtherance of objectives in the Cooperative Fire Protection program which makes provisions for cooperators to take custody of and use Federal Excess Personal Property, and obtain or pass ownership of DoD firefighting property that can be effectively used by State, local governments, private organizations, recognized Indian Tribes, or individuals that become users of said property, and;

    WHEREAS, the FOREST SERVICE desires to cooperate with the STATE in the prevention and control of wildfires and the use of prescribed fires on non-Federal rural lands and in rural communities, which require specialized fire protection equipment, and;

    WHEREAS, the FOREST SERVICE has the authority to lend Federal Excess Personal Property needed for rural fire protection to the STATE and local paid or unpaid fire departments for their use. The Forest Service has the authority to approve the acquisition of DoD firefighting property that will be used for fire protection and emergency services.

    NOW, THEREFORE, in consideration of the above, the parties hereto mutually agree as follows:

    THE STATE SHALL:

    1. Accept on loan only Federal Excess Personal Property (FEPP) that the STATE Fire Program can and will use efficiently for rural fire protection activities.
    2. Accept ownership of DoD Firefighting Property (FFP) to be put into use for fire and emergency services.
    3. Pass ownership of DoD FFP to local governments, private organizations, recognized Indian Tribes, or individuals that become users of said property.
    4. Administer, account for, use and dispose of Federal Excess Personal Property and DoD FFP acquired in the Rural Fire Prevention and Control program in accordance with FOREST SERVICE and General Services Administration (GSA) applicable regulations, handbooks or other written direction. Currently, the regulations are published in the Federal Acquisition Assistance Handbook (FSH 3109.12), Personal Property Management (FSM 6410), the Forest Service Property Management Regulations (FSH 6409.31, 104G-50), the Agriculture Property Management Regulations (FSH 6409.31, 104-50), and the Federal Management Regulations (FMR 102-36). These regulations are summarized in the FEPP Desk Guide. However, the statutes and regulations take precedence over the Desk Guide, which is published as guidance, not binding regulation. The regulations are amended from time to time and the STATE agrees to comply with current and future amended regulations.
    5. Establish controls necessary to account for, manage, use, and dispose of said property, which is further assigned to other local cooperators or users in accordance with the Federal Acquisition Assistance Handbook (FSH 3109.12). The Federal Excess Property Management Information System (FEPMIS) meets this requirement.
    6. Perform physical inventory of inventoried Federal Excess Personal Property (FEPP) and reconcile to property accounting records at least once every two years or as requested by the Forest Service Property Management Officer.
    7. Use the Federal Excess Property Management Information System (FEPMIS) to document acquisition and disposal of Federal Excess Personal Property and acquisition and transfer of DoD firefighting property.
    8. Reimburse the Federal Government for the fair market value of lost, stolen, or damaged Federal Excess Personal Property (FEPP) when the FOREST SERVICE determines the loss, theft, or damage was the result of gross negligence, or repair or replace the equipment at STATE expense. Fair market value is defined in the Federal Management Regulations at FMR 102-36.40. If the property is damaged beyond repair, but has salvage value, the STATE may deduct from its reimbursement the salvage value recovered by the Federal Government.
    9. Provide access to and the right to examine all records, books, papers, or documents relating to the Federal Excess Personal Property (FEPP) program and the DoD firefighting property to the FOREST SERVICE, including its Office of Inspector General, and the Comptroller General of the United States or their authorized representatives. With respect to DoD firefighting property transferred under 10 U.S.C. 2576b, DoD will be given the same access to and the right to examine all records, books, papers and documents relating to DoD firefighting property. This requirement shall also apply to all other recipients, including local governments, private organizations, recognized Indian Tribes, or individuals who become the users of said property. This provision shall be incorporated into any agreement by the STATE with all other users.

    THE SERVICE SHALL:

    1. Provide the STATE with the Federal Excess Personal Property Handbook, the FEPP Desk Guide, copies of other applicable Forest Service Manuals or Handbooks if requested, and any subsequent changes and instructions relating to the Federal Excess Personal Property program. These materials may also be provided via the Internet.
    2. Provide guidance and direction to the STATE in the management and disposal of Federal Excess Personal Property and DoD firefighting property.
    3. Maintain adequate records necessary to control Federal Excess Personal Property and DoD firefighting property as defined in the FEPP Desk Guide.

    IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT:

    1. This agreement will be governed by OMB Circular No. A-87, Cost Principles for State, Local and Indian Tribal Governments, and audit requirements under OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
    2. Title to all Federal Excess Personal Property shall remain vested in the United States.
    3. Title to all DoD firefighting property shall be passed to the firefighting agency that has put said property into use for fire or emergency services.
    4. The State may retain custody of Federal Excess Personal Property or gain ownership of DoD firefighting property at its discretion, as long as program requirements are met.
    5. Nothing herein shall be construed as obligating the FOREST SERVICE to expend funds or as involving the United States in any contract or other obligations for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work.
    6. Nothing herein shall be construed as obligating the FOREST SERVICE to expend funds or as involving the United States in any contract or other obligations for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work.
    7. This agreement shall be effective upon execution by the parties hereto and remain in effect for a maximum of five (5) years from the time of execution, unless terminated by either party in writing.
    8. Either party may terminate this agreement by providing written notice to the other party 60 days prior to the termination date. If the agreement is terminated, the STATE shall be ineligible to continue participation in the Federal Excess Personal Property program and the DoD firefighting property program. Upon termination of this agreement all Federal Excess Personal Property assigned to the STATE shall be returned to the USDA-FOREST SERVICE. Prior to terminating a STATE’s eligibility for cause, the FOREST SERVICE shall attempt alternative resolutions.
    9. Designated STATE and Federal parties to this program will perform joint reviews to assure compliance with the Federal Excess Personal Property Handbook and other applicable statutes and regulations, and to recommend changes to improve the program or to bring it into compliance with program and property management requirements.
    10. This agreement does not supersede or alter any other written agreement currently in effect but shall be construed in conjunction with the Rural Fire Prevention and Control program.
    11. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by the parties, prior to any changes being performed.
    12. Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552.)
    13. This instrument in no way restricts the Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals.
    14. The principal contacts for this instrument are:

    15. (Insert FS Contact Name) (Insert Cooperator Contact Name)
      USDA Forest Service (State Name)
      (Staff & Location) (Mailing Address)
      (Street or P.O. Box XXXX) (City, State, Zip Code)
      (City, State, Zip Code) (Contact Telephone No.)
      (Contact Telephone No.) (Fax No.)
      (Fax No.) (E-mail address)
      (E-mail address)  

    16. The cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies. These include, but are not limited to: (a) Title VI of the Civil Rights act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in primary and secondary recipient/cooperator offices, at the public service delivery contact point and included, in full, on all materials regarding such recipients’/cooperators’ programs that are produced by the recipients/cooperators for public information, public education, or public distribution:

    "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)"

    To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W. Whitten Building, 1400 Independence Avenue, SW Washington DC, 20250-9410; or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

    If the material is too small to permit the full statement to be included, the material will at a minimum include the statement, in print size no smaller than the text; This institution is an equal opportunity provider.

    IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below.

    ________________________________________________

    (State Forester) Date

    ___________________________________________________

    (Regional Forester) Date

    USDA Forest Service

    cc: Grants and Agreements/WO
         Financial Management/WO
         Fire and Aviation Management/WO

    FEPP Desk Guide October 2007

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