Last update; October 2007

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:

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

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.

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:

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

FFP RULES - A BRIEF SUMMARY

General:

STANDARD AGREEMENT - A SAMPLE FOR THE FEPP 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:
    

(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)




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

STANDARD AGREEMENT - A SAMPLE FOR THE FFP 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:



(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)




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

FEPP Desk Guide October 2007