1566.2-1566.23a Page 1 of 31 FOREST SERVICE MANUAL WASHINGTON TITLE 1500 - EXTERNAL RELATIONS Amendment No. 1500-97-2 Effective January 29, 1997 POSTING NOTICE. Amendments are numbered consecutively by Title and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this Title was Amendment 1500-97-1 to 1560 Contents. This amendment supersedes Amendment 1500-93-1 to FSM 1566.2- 1566.23a. Superseded New Document Name (Number of Pages) 1566.2-1566.23a 27 30 Digest: 1566.22b - Adds the Master Memorandum of Understanding between the American Cave Conservation Association and the Forest Service as exhibit 01. MIKE DOMBECK Chief FSM 1500 - EXTERNAL RELATIONS WO AMENDMENT 1500-97-2 EFFECTIVE 1/29/97 1566.2 - Nonprofit Service Organization. 1566.21 - Human Resources. 1566.21a - Student Conservation Association, Inc. The Student Conservation Association, Inc. conducts and maintains resource management and conservation programs for the purpose of training, developing, and educating high school students. The Master Agreement Between the Student Conservation Association, Inc. and the Forest Service is set forth as exhibit 01. Exhibit 02 contains an amendment that revised the master agreement. 1566.21a - Exhibit 01 Master Agreement Between the Student Conservation Association, Inc. and the Forest Service 90-SPA-015 MASTER PARTICIPATING AGREEMENT BETWEEN THE STUDENT CONSERVATION ASSOCIATION, INC. AND U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE ARTICLE I: BACKGROUND AND OBJECTIVES This Agreement is made between the Student Conservation Association, Inc., a non-profit New York Corporation, hereafter called the Association, with its principal place of business at PO Box 550, Charlestown, New Hampshire, and the Forest Service, U.S. Department of Agriculture, hereinafter called the Service, acting through the Director of Human Resource Programs, Washington, D.C., under the provisions of P.L. 94-148 dated December 12, 1975 (16 USC 565a-1), wherein authority is delegated to enter into cooperative arrangements where the primary purpose is to enhance manpower, job training and development programs. This Agreement supersedes and cancels all previous agreements entered into between the Association and the Service. Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service WITNESSETH, WHEREAS, the Service has the responsibilities for administration of the lands in the National Forest System, and for other lands administered by the Forest Service; and WHEREAS, the Service recognizes the advantages of using the services provided by cooperating organizations in the administration of these lands; and WHEREAS, the Association conducts and maintains resource management and conservation programs for the purpose of training, developing and educating selected persons in the principles and practices of resource management and conservation; and WHEREAS, both parties to the Agreement deem it mutually advantageous that participants in this program broaden and develop the scope of their work experience by providing their services to the Service; Now, therefore, in consideration of the above premises, the parties hereto agree as follows: ARTICLE II. STATEMENT OF WORK A. THE ASSOCIATION AGREES: 1. In the High School Work Group Program a. To assign High School Work Groups for a minimum of 30 calendar days during the periods and to projects agreed to in advance by the Association and Service Field Offices. b. To accept tools, materials, equipment and facilities furnished by the Service on a loan basis only, and return in the same condition received except for normal wear and tear in project use. 2. In the Resource Assistant Program a. To assign Resource Assistants for a Period of eight to twelve (8-12) weeks during the periods and to the projects agreed to in advance by the Association and Service Field Offices. Projects of shorter or longer duration may be approved. Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service 3. In Both the High School and Resource Assistant Programs a. To request advance of funds for amounts not to exceed 75% of the Service share of total costs as detailed on Exhibit I. Standard Form 270, Request for Advance or Reimbursement, will be used and submitted to the 1566.21a - Participating Field Office. If at the time of the first request for advance of funds, the Association has not completed the appointment process for the volunteer who will fill the position requested by the Service and granted by the Association, the Association will invoice for the average travel cost as detailed in Exhibit I. All subsequent invoices may be submitted on a monthly basis to the participating Field Offices. b. To submit within 90 days from completion of the annual work period a Financial Status Report, Standard Form 269, accompanied by a final SF-270 if necessary, to the Service Field Office. Actual costs, broken down in the same cost categories shown in Exhibit I, will be displayed. c. To handle all administrative records required for participants in this program. d. To pay all administrative and operating expenses for maintaining the participants and bill the Service Field Office for its agreed share of those costs. e. To pay to the Service any interest which accrues from deposit of advanced funds in interest earning accounts. f. To refund any unliquidated advances within 60 days after receipt of demand from the Service. g. To require no records or reports from the Service except participant Performance and Post-Program evaluations. h. To make available, upon request of the Service, all accounting books and supporting records, pertinent to this Agreement, of the Association for analysis by qualified representatives of the Service or other Federal agencies authorized to review Service activities. B. THE FOREST SERVICE AGREES: 1. In the High School Program a. To request, as needed, High School Work Groups as furnished by the Association. Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service b. To provide such tools, materials, equipment, safety equipment, facilities, on-the-job transportation, and technical assistance as required to perform the requested project(s). The participating area will, whenever feasible, make available to the Association's supervisor a vehicle or vehicles in which to transport the participants, supplies, and equipment within the participating area as needed and mutually agreed to by the Service's local manager and the Association's supervisor. (See Clause A.1.b.) c. Upon notification or otherwise becoming aware of an existing or potential problems of health or safety, the Service shall promptly notify the High School Work Group Supervisor of its determination and provide the Supervisor with an opportunity to cure such existing or potential problems. If corrective action is not taken the Service Field Office may order suspension of all or part of the project activity. When satisfactory corrective action is taken, an order to resume activities will be issued by the Service Field office and the Supervisor will promptly be provided with a copy of the order. 2. In The Resource Assistant Program a. To request, as needed, Resource Assistants furnished by the Association. b. To provide projects, training, supervision, on-the-job transportation, tools, equipment, and housing, as agreed in advance between the Association and Service Field Offices. c. That should the Service desire to reimburse the participant's subsistence at a rate higher than the "Estimated Cost" established by Exhibit I of this Agreement, the Service may establish the higher rate in the Supplemental Work Site Agreement and pay all of the increased cost over "the estimated cost" through reimbursement to the Association. 3. Both the High School Work Group and the Resource Assistant Program a. To advance funds to the Association based on approved Standard Form 270, and in accordance with procedures established in FSH for Processing requests for advances. (FSH 6509.31 NFC Procedures Title II Ch. 6, Sec. 5-6A, Payment Code 06-A). b. That should termination occur in accordance with Section C, Para. 18, the Association will invoice the participating Field Offices for expenses and obligations accrued to the termination date. Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service C. IT IS MUTUALLY AGREED: 1. That the cost per participant is shared by the Service and the Association. Prior to February 1 of each fiscal year the cost per participant and the cost sharing ratio shall be established by mutual agreement and incorporated into the Agreement by formal modification.12. That no project or participant shall be selected or placed, nor any request for funds be made before an implementing Supplemental Work Site Agreement (Exhibit II) is developed and entered into by the Association and the Service Field Office. 3. That service under this Agreement shall not be counted toward the accumulation of, or eligibility for, benefits available to Federal employees. However, for the purposes of tort claims provision of Title 28 of the United States Code and for the purposes of Subchapter 1 of Chapter 81 of Title 5 of the United States Code relating to work injuries, volunteers shall be deemed federal employees. 4. That SCA shall maintain during the program, its current comprehensive liability insurance of not less than $3,000,000 per occurrence for bodily injury and property damage. The U.S. Government shall be included as a named insured under terms of this coverage to the extent its interest may appear. SCA shall provide a certificate of insurance to the Service. In addition, SCA shall maintain its current accidental health, dismemberment and injury insurance for participants. 5. That advance estimates of the Service share of the total costs per High School and Resource Assistant participant will be provided to the Service Field Offices by the Association in its annual request package. 6. Service Field offices must notify the Association by March 1, if they wish to cancel summer/fall positions (those starting between March 1 and September 1) for a given year. If the Service Field Office has not cancelled by March 1, the Association may invoice the Service Field Office for planning and recruiting costs as detailed in Exhibit I. 7. The Association will prorate the cost for Resource Assistants who leave the program up to and including five (5) weeks after the beginning of their program if it is determined feasible by the Service. The prorated calculation of the cost will be based on a standard twelve (12) week tour of duty for Resource Assistants. 8. That the Service may employ a participant under separate employment authority, with the participant's concurrence, for work of an emergency nature such as fire-fighting, flood control, or other emergency work. During the time the Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service participant is employed under separate authority, the participant will not be covered by this Agreement. As soon as this employment is terminated, the participant will revert back to coverage under this Agreement. The Service will notify the Association Promptly of the date employment began and ended. 9. If the participant terminates by personal choice or accepts other employment with the Service, the participant assumes responsibility for return travel cost. 10. If the participant is terminated for cause, return travel cost will be shared by the Association and the Service. 11. If it is necessary for the participant to leave the program for reasons beyond their control, (Limited exclusively to death or a life threatening injury or illness to an immediate family member) return travel cost will be shared by the Association and the Service. 12. That during the performance of this Agreement the Association agrees to abide by Executive Order 11246 on nondiscrimination and will not discriminate against any person because of race, color, religion, sex, handicap or national origin (subject to minimum age requirements). Further, the Association will take affirmative action to ensure that applicants are recruited without regard to their race, color, religion, sex, handicap or national origin and will actively seek and encourage minorities and women to apply for participation in the program. 13. That provisions of this Agreement are imposed upon and are a part of the required Supplemental Work Site Agreements (Exhibit II) individual projects. 14. That any monies payable or that may become payable from the United States under this Agreement to any person or legal entity not an agency or subdivision of a State or local government may be subject to administrative offset for the collection of a delinquent consumer debt owed the United States and shall be disclosed to consumer or commercial credit reporting agencies. 15. That interest shall be charged from the due date of any payment or fee or calculated financial statement specified in this Agreement. Interest shall be assessed using the most current rate prescribed by the United States Exhibit Department of the Treasury Fiscal Requirements Manual (TFRM-6-8020.20). Interest shall accrue from the date the payment, fee or calculation financial statement was due. In addition, in the event the account becomes delinquent, administrative costs may be assessed. 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service A penalty of 6 percent per year shall be assessed on any payment, or fee amount overdue in excess of 90 days from the due date of the first billing or the date the calculated financial statement was due. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments, fees or calculated statements falls on a non-work day, the charge shall not apply until the close of business of the next workday. 16. That nothing in the Agreement shall be construed as obligating the Service to expend, or as involving the United States in any contract or other obligation for the future payment of money in excess of appropriations authorized by laws and administratively allocated for this work. Further, it is understood that all projects are also subject to availability of applicants and funds provided by the Association. 17. That no member, of, or delegate to, Congress or Resident Commissioners shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 18. That the Agreement will exist in perpetuity although this Agreement may be terminated at any time by mutual agreement of both parties or by unilateral decision of either party provided at least one hundred and eighty (180) days written notice is given to the other party. Upon such written notification, the Association will invoice the Service, for expenses and obligations incurred to the termination date. The Service agrees to promptly reimburse the Association for the amounts detailed on these invoices for all charges incurred, including administrative costs, prior to termination as well as for all expenses accrued to the termination date, but not yet invoiced. In witness thereof, the parties hereto have signed their names and executed this Master Agreement as of the last date below. /s/ William L. Rice /s/ Scott D. Izzo for Chief President Forest Service The Student Conservation As- sociation, Inc. 4/19/90 3/30/90 Date Date 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service EXHIBIT I U.S. FOREST SERVICE AND STUDENT CONSERVATION ASSOCIATION, INC. COST PER PARTICIPANT ESTIMATED FOR 1990 Resource Assistants (Alaska) Subsistence Transportation 1056 Patches, Name Tags 900 Conference/Evaluation 12 Planning & Recruiting 0 Program Support 383 Administrative 238 Program Direction 218 Fundraising 222 General Administration 245 TOTAL: $3274 Association Cost Share: 818 Service Cost Share: $2456 Resource Assistants (Continental US) Subsistence 540 Transportation 300 Patches, Name Tags 12 Conference/Evaluation 20 Planning & Recruiting 383 Program Support 238 Administrative Program Direction 218 Fundraising 222 General Administration 245 TOTAL: $2178 Association Cost Share: 544 Service Cost Share: $1634 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service High School Work Groups Stipends 278 Subsistence 268 Camping Equipment 50 Financial Aid 39 Conference/Evaluation 103 Transportation 110 Miscellaneous Supplies 42 Planning & Recruiting 329 Program Support 204 Administrative Program Direction 218 Fundraising 222 General Administration 334 TOTAL: $2232 Association Cost Share: 782 Service Cost Share: $1450 November 20, 1989 DEFINITIONS Costs which are fixed include (1) planning, recruiting and selection, (2) program direction and administration and (3) fund raising. All other costs are actual site specific and may vary from estimates. High School Work Group Positions: Stipends for Supervisors: 1. Supervisors are independent contractors engaged by the Association for a specific project in accordance with a fee scale determined by years of service, number of participants in the group and number of weeks in the project. These costs are averaged over the population. Actual cost will be site specific. Subsistence: 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service 2. Food is estimated on a formula which considers number of participants, number of days, location of project, location in which supplies are purchased and opportunities for bulk orders. Camping Supplies and Equipment: 3. Amortized cost of capital equipment averaged over the population including tents, stoves, packs, sleeping bags. Cost of equipment is amortized over three years. Actual costs will be based on actual expenses. Financial Aid for Participants: 4. Only disadvantaged participants receive travel assistance. Travel assistance is in the form of a grant which is determined by criteria of need. The costs are averaged over the whole population for budget purposes. Conference/Evaluation Expenses: 5. Those travel expenses overhead of staff members to assist the opening and closing of projects, to evaluate projects while in the field, and to assist in emergencies are considered direct costs and are averaged across the population. Transportation of Project Supervisors: 6. Travel of supervisors to orientation, training, pre-visits to area, beginning and terminating of project and post-project evaluation. Miscellaneous Supplies: 7. Utensils, gloves, pots - equipment of short-term life and low costs. Participants are required to wear patches and T-shirts to identify them as SCA. Educational Material: 8. Books, maps, environmental education materials, first aid supplies, and recreational equipment. Planning, Recruiting & Selection: 9. Those items relating to recruiting a pool of applicants representing a 3 to 1 applicant to position ratio: those items relating to selecting and placing participants; and expenses for salaries, visiting schools, mailings, postage, printing, etc. associated with these activities. 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service Program Support: 10. Those items relating to salaries and expenses for placing and managing volunteer payments, materials, communications with agency personnel. Program Direction/Administrative: 11. Indirect costs include those expenses associated with running the Association, legal and accounting expenses, insurance, interest, servicing the Association's Board, promotion and marketing, employee benefits and maintaining volunteers in the field. Fund Raising: 12. Expenses incurred relating to fund raising. Resource Assistant Positions: Subsistence: 1. Based on the usual rate of $40 per week/per participant over 12 weeks. For Alaska the rate of $75 per week for 12 weeks. Transportation of Participants: 2. A travel grant is based upon cross-country least expensive fare and includes a per diem allowance. For Alaska the average is based upon least expensive air fare and includes a per diem allowance. Pins, Patches, et. al.: 3. Patches and a name tag for each Assistant. Training/Evaluation Expenses: 4. Staff travel to evaluate performance in the field is considered a direct cost and is averaged over the population. Planning, Recruiting & Selection: 5. Planning and recruiting costs include: those items relating to recruiting a pool of applicants representing a 3 to 1 applicant to position ratio: those items relating to 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service selecting and placing participants; and expenses for salaries, visiting schools, mailings, postage, printing, etc. associated with these activities. Program Support: 6. Those items relating to salaries and expenses for placing and managing volunteer payments, materials, communications with agency personnel. Program Direction/Administrative: 7. Indirect cost include those expenses associated with running the Association, legal and accounting expenses, insurance, depreciation, interest, servicing the Association's Board, promotion and marketing, employees benefits and maintaining volunteers in the field. Fund Raising: 8. Expenses incurred relating to fund raising. This rate may vary slightly in certain areas. 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service EXHIBIT II USDA FOREST SERVICE STUDENT CONSERVATION ASSOCIATION SUPPLEMENTAL WORK SITE AGREEMENT (Supplement to Master Agreement) National Forest Ranger District Program Code This will confirm the request by the Forest Service unit named above and the acceptance by the Student Conservation Association for the following positions: SCA Position Code SCA Position Code Number of Positions Number of Positions Period of Work Period of Work SCA's description of work project and participants' duties (attached). IT IS MUTUALLY AGREED: 1. That all provisions of the National Master Agreement between the Service and the Association apply to this supplemental agreement. 2. That either the Forest Service or SCA may cancel this supplemental work site agreement upon written notice within the provisions of the National Agreement. 3. That SCA will obtain parental or guardian consent for each individual under 18 years of age and will comply with appropriate labor and safety laws. 4. That the Service may authorize qualified participants to operate Federal motor vehicles when necessary. 5. That is hereby designated to serve as SCA liaison with the Forest Service in day-to-day operations under this Agreement. The local Forest Service contact is . 6. Site specific changes to Exhibit I which have been agreed to: 1. High School Work Group: Equipment/supplies furnished by F.S. 1566.21a - Exhibit 01--Continued Master Agreement Between the Student Conservation Association, Inc. and the Forest Service List: Net decrease in estimated cost (per participant) 2. Forest ssistant: Change in subsistence rate from $40 to $ per week. Total net increase for the reason (per participant) $ . 3. Other: SIGNATURE: TITLE: DATE: (Authorized SCA representative) SIGNATURE: TITLE: DATE: (Authorized F.S. representative) 1566.21a - Exhibit 02 Amendment No. 1 to the Master Agreement Between the Student Conservation Association, Inc. and the Forest Service AMENDMENT NO. 1 90-SCA-015 THIS DOCUMENT AMENDS MASTER PARTICIPATING AGREEMENT 90-SCA-015 BETWEEN THE USDA FOREST SERVICE AND THE STUDENT CONSERVATION ASSOCIATION IN THE FOLLOWING MANNER: ADD: TO SECTION C - IT IS MUTUALLY AGREED... 19. THIS AGREEMENT MAY BE MODIFIED OR AMENDED UPON WRITTEN REQUEST OF EITHER PARTY AND THE CONCURRENCE OF THE OTHER. DELETE: CLAUSE C4 - REPLACE WITH: 4. DURING THE PROGRAM, THE SCA SHALL MAINTAIN ITS COMPREHENSIVE LIABILITY INSURANCE OF NOT LESS THAN $3,000,000 PER OCCURRENCE FOR BODILY INJURY AND PROPERTY DAMAGE SUBJECT TO THE USUAL AND CUSTOMARY POLICY CONDITIONS (INCLUDING STANDARD EXCLUSION ON VEHICLES LICENSED FOR HIGHWAY USE AND ON PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE POLICYHOLDER). THE U.S. GOVERNMENT SHALL BE INCLUDED AS AN ADDITIONAL INSURED UNDER THE TERMS OF THIS COVERAGE TO THE EXTENT ITS INTERESTS MAY APPEAR. IN ADDITION, SCA SHALL MAINTAIN ITS CURRENT ACCIDENTAL HEALTH, DISMEMBERMENT AND INJURY INSURANCE FOR ALL PARTICIPANTS OF PROGRAMS UNDERTAKEN BY SCA. AS APPROPRIATE, THE SCA SHALL ASSIST THE SERVICE IN ITS INVESTIGATION OF ANY ACCIDENT INVOLVING ANY PARTICIPANT OR SUPERVISOR UNDER THIS AGREEMENT. IN THE EVENT OF SUCH ACCIDENT, SCA SHALL BE DEEMED A TEMPORARY CONSULTANT FOR PURPOSES OF SUCH INVESTIGATION AND SHALL BE PROVIDED ACCESS ON A CONFIDENTIAL BASIS TO ALL INVESTIGATIVE RECORDS AND REPORTS COMPILED OR PREPARED BY THE SERVICE CONCERNING SUCH ACCIDENT.2 ALL TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN THE SAME. THIS AMENDMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES, AND SHALL REMAIN IN EFFECT UNTIL TERMINATION OF THE MASTER AGREEMENT 90-SCA-015 BY EITHER PARTY. 1566.21a - Exhibit 02 Amendment No. 1 to the Master Agreement Between the Student Conservation Association, Inc. and the Forest Service THE PARTIES HERETO HAVE EXECUTED THE AMENDMENT AS OF THE LAST DATE WRITTEN BELOW. /s/ Allen J. West /s/ Valerie J. Shand Acting CHIEF Chief Operating Officer USDA FOREST SERVICE for President SCA 5/21/92 6/25/92 DATE DATE 1566.21b - Green Thumb, Inc. Green Thumb, Inc., is a sponsor for the Senior Community Service Employment Program funded by the Department of Labor and provides work experience for unemployed low-income persons 55 years old and older. Exhibit 01 sets forth the stipulations of a Cooperative Agreement with the Forest Service. 1566.21b - Exhibit 01 COOPERATIVE AGREEMENT 78-SCA-003 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE AND GREEN THUMB, INC. THIS COOPERATIVE AGREEMENT, made and entered into by and between Green Thumb, Inc., hereinafter referred to as the Cooperator, and the Forest Service, U.S. Department of Agriculture, hereinafter referred to as the Forest Service, WITNESSETH: WHEREAS, Title IX of the Older American Community Service Employment Act of 1973 (P.L. 93-29, 87 Statute 62, 42 U.S.C. 3061 et. seq.) authorizes a program to foster and promote useful part- time work opportunities in community service activities for un- employed low-income persons who are 55 years old and older and who have poor employment prospects; WHEREAS, the Cooperator is a prime sponsor for the Senior Community Service Employment Program funded by the Department of Labor and as such, may provide work experience for enrollees through placement with hosting Federal agencies; WHEREAS, the Forest Service is responsible for the management and development of natural resources throughout the Nation and is prepared to assist the Cooperator by providing meaningful work experience to hosted enrollees; NOW THEREFORE, in consideration of the above premises, the parties hereto agree as follows: A. The Cooperator shall: 1566.21b - Exhibit 01--Continued 1. Furnish to the Forest Service qualified enrollees who shall work under the direction of the Forest Service. 2. Give pre-employment orientation to all enrollees. 3. Perform all administrative tasks required for the employment of each enrollee. 4. Require no records or reports from the Forest Service except as may be needed in connection with time worked, enrollee performance, and work accomplishment. 5. Provide physical examination of the enrollee prior to work. 6. Furnish transportation to and from the work site or other mutually agreed upon pickup points at no cost to the Forest Service. B. The Forest Service shall: 1. Provide work experience for Cooperators' enrollees commensurate with their abilities and skills. 2. Provide supervision and counseling for enrollees at no cost to the Cooperator. 3. Keep such records as are required. 4. Provide for job orientation and safe and healthful working conditions; including such safety equipment as shall be needed. 5. Furnish all necessary work project supplies and materials at no cost to the Cooperator. 6. Furnish the Cooperator quarterly with a statement of contributed costs in the program. C. It is mutually agreed that: 1. Enrollees hosted by the Forest Service under this program are not Federal employees for the purpose of laws administered by the Civil Service Commission and do not have title to any Federal benefits such as insurance, leave, retirement, etc. The Forest Service shall have no responsibility for payment of wages or other expense of enrollees, for which the Cooperator has full and exclusive responsibility. 2. The Federal Tort Claims Act and the Federal Employees Compensation Act cover enrollees under this agreement subject to adjudication by the Department of Justice and the Department of Labor, respectively. 3. Assignment of an enrollee will not displace an employed worker or decrease existing contracts for services. 4. The Cooperator shall assign, and the Forest Service shall host, only those enrollees mutually agreed upon in advance. 5. Nothing in this agreement shall be construed as obligating the Forest Service to expend, or as involving the United States in any obligation for future payment of money, in excess of appropriations authorized by law. 6. Either party may terminate this agreement by providing written notice 30 days prior to the date of intended termination. Unless terminated in writing, this agreement will remain in force indefinitely or until the authorizing legislation expires or is repealed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date written below. (Date) (Date) 1566.22 - Recreation. 1566.22a - Appalachian Trail Conference. The Appalachian Trail Conference is an association of over 60 trail clubs located in the vicinity of the Appalachian National Scenic Trail. Member clubs are assigned responsibility for maintaining portions of the Appalachian and associated trails, and many have established written agreements with National Forests in their area. Exhibit 01 contains the contents of the Memorandum of Understanding between the Conference and the Forest Service. 1566.22a - Exhibit 01 MEMORANDUM OF UNDERSTANDING BETWEEN THE FOREST SERVICE, USDA AND THE APPALACHIAN TRAIL CONFERENCE CONCERNING THE APPALACHIAN NATIONAL SCENIC TRAIL This Memorandum of Understanding is made and entered into by any between the Forest Service, USDA (herein referred to as the "Forest Service"), and the Appalachian Trail Conference (herein referred to as the "Conference"), in furtherance of the National Trails System Act of October 2, 1968 (82 Stat. 919), as amended. WITNESSETH THAT: WHEREAS significant portions of the Appalachian National Scenic Trail (herein referred to as the "Trail") traverse National Forest System lands under the administrative jurisdiction of the Forest Service; and WHEREAS the Conference, founded in 1925, is a private, nonprofit, educational corporation, composed of trail maintaining organizations as well as individual members, and functions as the traditional represen- tative of the volunteer force responsible for the Trail and its existence; and WHEREAS an Agreement of October, 1970 between the Departments of Agriculture and Interior specifies that both parties will especially encourage the Conference, through local member clubs, to actively participate in the operation and maintenance of the Trail; and WHEREAS it is the mutual desire of the Forest Service and the Conference to enter into an agreement whereby the latter, through its member clubs, will participate in the planning, development, operation and maintenance of the Trail within the National Forests. THEREFORE, in consideration of the above premises, the parties agree as follows: 1566.22a - Exhibit 01--Continued A. The Conference Will: - Continue their efforts in operation and maintenance of the Trail and related facilities within the National Forests, consistent with approved land use and development plans and management guidelines for the Trail. - Provide for the necessary coordination and training among its members required to assure operation and maintenance of the Trail to prescribed standards. - Provide for and coordinate timely participation and review of Forest Service land management plans which may affect or influence the Trail. B. The Forest Service Will: - Administer those portions of the Trail within the National Forest System in cooperation with the Conference and its member clubs. - Designate Forest Service liaison people to work with and through the Conference - Consult with the member clubs on proposed Trail relocations in National Forests and other activities and programs associated with the use of the Trail. - Encourage the Conference member clubs to actively participate in the operation and maintenance of the Trail and its facilities. C. It is Mutually Agreed and Understood By and Between the Said Parties That: 1. The Conference and the Forest Service will: a. Coordinate activities and programs related to the Trail. b. Encourage and support formal agreements between Conference Trail Clubs and the individual National Forests of the Forest Service in furtherance of achieving the purposes of this agreement. c. Cooperate in providing for appropriate and effective public user information designed to ensure enjoyable and environmentally compatible use of the Trail. 2. This agreement shall be effective upon execution by both parties hereto. 3. Either party may terminate the agreement by providing 60 days written notice. Unless terminated by written notice, this agreement will remain in force indefinitely. 1566.22a - Exhibit 01--Continued IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below. 5/18/80 /s/ Date Chairman, Appalachian Trail Conference 5/18/80 /s/ Date Chief, Forest Service, USDA 1566.22b - American Cave Conservation Association. The American Cave Conservation Association was founded for the purpose of conserving caves, karstlands, and associated groundwater, through public education, technical cave management training seminars, and volunteer support for cave conservation projects. The Master Memorandum of Understanding between the American Cave Conservation Association and the Forest Service related to cooperative activities for management of cave and karst resources is set forth as exhibit 01. 1566.22b - Exhibit 01 96- SMU-47 MASTER MEMORANDUM OF UNDERSTANDING between THE AMERICAN CAVE CONSERVATION ASSOCIATION and the UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE This Memorandum of Understanding (MOU) is made and entered into by and between the American Cave Conservation Association, hereinafter referred to as ACCA, and the United States Department of Agriculture-Forest Service, hereinafter referred to as the Forest Service. Collectively, the Forest Service and ACCA will be referred to as the Cooperators. I. PURPOSE The purpose of this MOU is to provide a framework for cooperative activities necessary to manage cave and karst resources on National Forest System lands. II. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS The Forest Service is a land management agency dedicated to the ecological management of the Nation's resources and has major responsi- bility to secure, protect, and preserve significant caves. The Forest Service is required to manage Federal lands in a manner which protects and maintains, to the extent practical, significant caves. ACCA was founded for the purpose of conserving caves, karstlands, and associated groundwater, through public education, technical cave management training seminars, and volunteer support for cave conservation projects. 1566.22b - Exhibit 01--Continued ACCA and the Forest Service have mutual responsibilities and interests in the preservation, conservation, and management of caves and their resources. ACCA and the Forest Service desire to assist each other in meeting these goals though technical training seminars, technology transfer, public education, and cooperative efforts in cave resource management. In consideration of the above premises, the parties agree as follows: III. THE FOREST SERVICE SHALL: 1. Identify, define, and consider undertaking various projects which will facilitate the achievement of the mutual benefits outlined in this MOU. These projects may include, but are not limited to, the following: a. Analysis of existing and proposed programs to promote management of cave and karst resources. b. Development of management techniques to conserve caves and karst resources. c. Development of training programs to improve agency awareness of cave and karst management responsibilities, and the training of agency personnel in cave and karst resource management. IV. ACCA SHALL: 1. Provide expertise for the implementation of agreed-upon training of agency personnel in cave and karst management. 2. Assist in the development of materials for public education and understanding of cave and karst resource values. 3. Provide, to the extent possible, volunteers to assist with a variety of cave and karst management projects. 4. Understand that neither this MOU, nor its existence, may be used in any way by ACCA as a direct endorsement by the Forest Service of ACCA or its purposes. 5. Understand that any press releases or other written material produced by or for ACCA discussing this MOU or its purposes must have prior written approval of the Forest Service. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID PARTIES THAT: 1566.22b - Exhibit 01--Continued 1. National meetings will be held annually to discuss, identify, and coordinate the various proposed projects that will achieve the goals of this MOU. 2. As agreed to on a project-by-project basis, they will assist each other in the planning, implementation, and monitoring of projects or work developed subsequent to this MOU and in accordance with Item 3 of this section of the MOU. 3. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties of this MOU will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. 4. This MOU in no way restricts the Forest Service nor the American Cave Conservation Association from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 5. Nothing in this MOU shall obligate the Cooperators to expend appropriations or to enter in any contract or other obligations. 6. Pursuant to Section 22, Title 41, United States Code, no member of, or Delegate to, Congress shall be admitted to any share or part of this instrument, or any benefits that may arise therefrom. 7. This MOU may be modified or amended upon written consent of any party or may be terminated with 30-day written notice to all parties. Unless terminated, this MOU will remain in full force and effect until September 30, 2001, at which time it will be subject to review, renewal, or expiration. VI. THE PRINCIPAL CONTACTS FOR THIS MOU ARE: David Foster Brent Botts American Cave Conservation USDA-Forest Service Association Recreation, Heritage, and 131 Main Street Wilderness Resources Horse Cave, KY 42749-0409 P.O. Box 96090 (502) 786-1466 Washington, D.C. 20090-6090 202) 205-1313 IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below. /s/ David G. Unger (for) 2/22/96 JACK WARD THOMAS Date Chief USDA Forest Service /s/ Thomas Aley 3/9/96 THOMAS ALEY Date President American Cave Conservation Association 1566.23 - Forestry. 1566.23a - American Forestry Association. Exhibits 01, 02, and 03 contain the text of a Master Agreement between the American Forestry Association and the Forest Service. 1566.23a - Exhibit 01 84-SMU-005 Master Agreement between The American Forestry Association and United States Department of Agriculture Forest Service This agreement is made between the American Forestry Association, a District of Columbia corporation, hereinafter called the Association, with its principal place of business at 1319 Eighteenth St., N.W., Washington, D.C., and the Forest Service, U.S. Department of Agriculture, hereafter called the Service, acting through the Director of Human Resource Programs, Washington, D.C., under the provisions of Public Law 94-148. Witnesseth: Whereas, the Service has the responsibility for administration of the lands in the National Forest System, and other lands administered by the Forest Service; and Whereas, the Service recognizes the advantages of using the services provided by sponsor organizations in the administration of these lands; and Whereas, the Association is already involved in and maintains an interest in programs helping the Forest Service in accomplishment of its mission; and Whereas, it is mutually advantageous to the parties herein to have the capabilities of a nonprofit organization such as the Association, and its members, assisting in direct support of the Forest Service Volunteers program; and Whereas, the Association can provide leadership in encouraging other private sector organizations to support the Volunteer programs of all natural resource agencies; and Whereas, such support strengthens natural resource Volunteer programs and provides additional opportunities for many more Americans to serve as Volunteers. 1566.23a - Exhibit 01--Continued Now, therefore, in consideration of the above premises, the parties hereto agree as follows: A. The Service Agrees: 1. To form a working partnership with AFA, not exclusive of other natural resource agencies and private sector organizations, which would: a. Establish and maintain a national communication network in conservation voluntarism. b. Establish a clearinghouse operation for conservation voluntarism information, collection and dissemination. c. Establish an operational computerized volunteer reference file. 2. To provide funds for services rendered by the Association as agreed to by the Service in advance of such services being rendered by the Association. B. The Association Agrees: 1. To assist USDA-FS, as referred to in the attached Program Narrative by: a. Increasing communications with past, present, and future volunteers. b. Helping to promote benefits and opportunities available through voluntary conservation service. c. Encouraging others to assume appropriate partnership and leadership roles in conservation voluntarism. d. Increasing personal involvement and outreach to conservation volunteers. e. Providing information seminars where requested to assist conservation volunteers and volunteer leaders. f. Encouraging local, State, and national volunteer organizations. C. It is Mutually Agreed: 1. That nothing in this agreement shall be construed as obligating the Forest Service to expend or as involving the United States in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work. 1566.23a - Exhibit 01--Continued 2. No member of, or Delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 3. Either party hereto shall have the right to terminate this agreement by giving one hundred eighty (180) days notice in writing to the other. 4. This agreement may be supplemented by agreements to establish other joint venture projects and operations in support of all natural resource type volunteer programs, and other cooperative efforts as outlined in the attached Program Narrative. THE ASSOCIATION THE SERVICE By:/s/ By:/s/ Title:Executive Vice President Title: Deputy Chief Date: Nov. 29, 1982 Date: December 8, 1983 Program Narrative The USDA-Forest Service has established a national volunteers program to provide interested individuals and groups with an opportunity to offer their services for the improvement of our Nation's public lands under Forest Service jurisdiction. Forest Service investment in this program to date has yielded a great return, and many valuable services to our public lands are being provided as a result. In recognition of a greater need for private sector involvement in the program and to improve current methods for attracting, holding, encouraging, and serving the on going needs of the conservation volunteer, the Forest Service and the American Forestry Association (AFA) have agreed to join in a joint venture arrangement that is mutually beneficial to both parties. AFA is uniquely suited to provide communications, coordination, and technology transfer services within this partnership due to its citizen membership, operating structure, and publication capabilities. In cooperation with the USDA-Forest Service, FA agrees to establish a national communications network and information clearinghouse for conservation volunteers and related interest groups. The purpose of this communication program is to meet the needs expressed by many volunteers for a knowledgeable source of information 1566.23a - Exhibit 01--Continued about conservation volunteer programs. The need has been expressed in two ways--a desire for regular newsletter and an information source for material on national, State, and local programs. In addition, the States, resource managers, outside associations, foundations, and the private sector would learn what is happening and the numbers of conservation volunteers, their skills, attitudes and work accomplishments. It is understood that the American Forestry Association's role would be one of strengthening the communications with volunteers while the USDA-Forest Service would provide project guidance and oversight, continuing all phases of program management. In addition, AFA will complement USDA-Forest Service activities by (1) helping to encourage other associations, foundations, governmental units, and the private sector to participate fully in partnership roles and to encourage the best and most efficient direction and management of conservation voluntarism; (2) compiling a national computerized conservation volunteer reference file; (3) providing, as requested, specific special information brochures aimed at assisting conservation volunteers and volunteer managers; and (4) by conducting mutually agreed upon special projects of national significance in conservation voluntarism. 1566.23a - Exhibit 02 #84-SMU-005-01 Supplement to the Master Agreement between The American Forestry Association and United States Department of Agriculture Forest Service This supplement to the Master Agreement (#84-SMU-005) is made between the American Forestry Association, a District of Columbia corporation, hereinafter called the Association, with its principal place of business at 1319 Eighteen Street, N.W., Washington, D.C., and the Forest Service, U.S. Department of Agriculture, hereinafter called the Service, acting through the Director of Human Resource Programs, Washington, D.C., under the provisions of Public Law 94-148. This supplement will expire on September 30, 1984. A. The Service Agrees: 1. To provide technical advice, consultation, and general assistance in the conduct of the project to produce and maintain an inventory of Touch America Project (TAP) materials and supplies. 2. To provide funding to the Association for all direct and indirect costs for this project consistent with the approved financial plan as contained in Appendix I to this supplemental agreement. B. The Association Agrees: 1. To produce and maintain an inventory of TAP materials and supplies as listed in Appendix I; and to provide the material to the Forest Service, TAP participants, and potential sponsors in accordance with Forest Service direction. 2. To furnish the Service with quarterly progress reports on this project. THE ASSOCIATION THE SERVICE By:/s/ By:/s/ Title:Executive Vice President Title: Deputy Chief Date: Nov. 27, 1983 Date: December 21, 1983 1566.23a - Exhibit 03 APPENDIX I Inventory and distribution of tap materials and supplies. $30,000 Item Approximate Quantity Estimated Cost Brochures 10,000 $ 2,304 Certificates 6,000 -0- Pins 10,000 7,900 Patches 5,000 2,200 Buttons 5,000 1,000 Decals 10,000 800 $14,204 Administrative Support 2,420 Handling and Storage 6,800 Technical Assistance Package 6,756 $30,000