Donations, Fundraising, and Solicitation Activities on Behalf of the Service

TABLE OF CONTENTS 

OVERVIEW

8.1 What is the purpose of this chapter? 

A. This chapter provides policy and procedures for U.S. Fish and Wildlife Service (Service) employees for:

(1) Accepting, soliciting, using, and acknowledging donations;

(2) Identifying who is authorized to accept donations and which authorities allow them to do so;

(3) Reviewing and evaluating potential donors and donations;

(4) Depositing, tracking, and documenting the receipt and disposition of donations; and

(5) Fundraising by non-Federal entities on our behalf.

B. The chapter supplements the Department of the Interior’s (Department) policy found at 374 Departmental Manual (DM) 6.

8.2 What is the scope of this chapter?

A. This chapter applies only to donations that we have explicit statutory authority to accept. We list our primary authorities in section 8.5.

B. This chapter does not cover:

(1) The many services that individual volunteers or volunteer groups (e.g., Boy Scouts of America, Girl Scouts of the USA, conservation organizations, voluntary nonprofit organizations, etc.) provide as defined by our volunteer acceptance authorities, Service policy (see 150 FW 1-3), and Volunteer Service Agreements (Optional Form (OF)-301A) that clearly define agreed-upon activities;

(2) Most activities performed by Friends organizations (see section 8.6G) that are governed by existing legislation (see section 8.5), Service policy (see 633 FW 1-4), partnership agreements (e.g., cooperating association agreements), and Friends Partnership Agreements and supplementals, etc., that clearly define agreed-upon activities (see sections 8.22 – 8.26 for additional information about fundraising related to Friends organizations);

(3) The types of contributions where a person or entity shares costs and there is independent authority for such cost sharing, e.g., challenge cost share programs where there is no public fundraising for the partner’s cost share;

(4) Money we receive as fees for services;

(5) The preparation of reports or analyses that are legally required, e.g., National Environmental Policy Act analysis funded by an applicant or funds we receive to prepare such documents;

(6) Contributions and awards incident to training in non-Government facilities, and payment of official travel (see 265 FW 13), subsistence, and other expenses incident to attendance at meetings received from a non-Federal source (5 U.S.C. 4111);

(7) Donations associated with exercising our regulatory authorities, such as mitigation measures involving the donation of land or interests in land that we will use for conservation purposes;

(8) Personal gifts to Service employees that are separately governed by the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR Part 2635) (see 212 FW 1 and 212 FW 10);

(9) Funds received through agreements where there is an independent statutory authority for receiving those funds (e.g., the North American Wetlands Conservation Act, the Economy Act, the Intergovernmental Cooperation Act, the Intergovernmental Personnel Act, and the Stevenson-Wydler Technology Innovation Act); and

(10) Fundraising or soliciting for non-Federal organizations on Service property (e.g., Boy Scouts of America, Girl Scouts of the USA).

8.3 What is the overall policy?

A. Our policy is to:

(1) Accept, use, recognize, and solicit donations when we have authority to do so and in a manner that promotes and enhances our mission, consistent with applicable laws and Departmental (see 374 DM 6) and Service policies;

(2) Retain the discretion to decline any donation, especially if there are binding conditions on the donation that are inconsistent with our mission or require activities that circumvent Government regulations or ethics rules; and

(3) Solicit donations in limited circumstances (see section 8.18).

B. Before accepting, using, or recognizing donations, an authorized employee must determine if the circumstances of the donation maintain:

(1) The integrity of Departmental and Service programs and operations;

(2) The impartiality, and appearance of impartiality, of the Department, the Service, and its employees; and

(3) Public confidence in the Department, the Service, its programs, and its personnel.

C. Before accepting donations, an authorized employee must seek guidance from the Department’s Office of the Solicitor (SOL) to resolve any issues associated with a donation whenever the circumstances are unclear or questionable (i.e., when any answer on the Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561) is a “yes” or “maybe” and is challenging to address).

8.4 What are the objectives of this chapter? Our objectives are to:

A. Identify the Director’s delegations of authority (i.e., authorized employees) for accepting and soliciting donations;

B. Establish roles and responsibilities for our Donations Senior Manager (i.e., Assistant Director – Office of Communications) and authorized employees who may accept and solicit donations;

C. Establish consistent procedures for evaluating potential donations to determine if acceptance is appropriate;

D. Provide guidance on solicitation of funds and on fundraising by non-Federal entities on our behalf, including the content of fundraising agreements; and

E. Provide guidance on donor recognition.

8.5 What are the authorities for this chapter? The types of permissible donations depend on the specific provisions of the authorizing statutes, which usually allow donations of real and personal property, services, or money. The primary legislative authorities for our donation acceptance activities are listed below. Individual units of the National Wildlife Refuge System (NWRS) or National Fish Hatchery System may also have specific legislative authorities to accept donations. We must document a donation’s applicable authority on the Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561).

A. Fish and Wildlife Act of 1956 (16 U.S.C. 742f).

B. Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).

C. Fundraising activities (5 CFR 2635).

D. Great Lakes Fisheries Act of 1956 (16 U.S.C 932). 

E. Migratory Bird Conservation Act, as amended (16 U.S.C. 715-715r).

F. National Fish and Wildlife Foundation (NFWF) Establishment Act (16 U.S.C. 3701).

G. National Fish Hatchery System Volunteer Act of 2006 (P.L. 109-360).

H. National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(b)(2)).

I. National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998, as amended (P.L. 105-242).

J. Partnerships for Wildlife Act (16 U.S.C. 3741).

K. Take Pride in America Act (16 U.S.C. 4601).

L. 374 DM 6, Donations.

M. 410 DM 1; Personal Property Management; Scope, Policies, and Responsibilities.

8.6 What terms do you need to know to understand this chapter?

A. Authorized employees are the only employees who have permission to accept donations and who are responsible for ensuring that we follow Departmental and Service donations policy when evaluating donors and donations. Authorized employees must have sufficient experience, training, and organizational responsibility so that they can fully consider all relevant factors and circumstances when accepting donations. See section 8.7A for a list of authorized employees.

B. Collection Officers are the only individuals the Service authorizes to receive, handle, or deposit funds on its behalf. Due to the significance of this responsibility, Collection Officers are designated in writing (see 261 FW 1).

C. Donations are things of value received by the Service or on behalf of the Service from a non-Federal source without consideration or an exchange of value. We deposit donations of money that the Service receives in a contributed funds account or donations receipt account. Whether or not a proposed donation is allowed depends on the specific provisions of the authority and other factors (see section 8.11). Authorities often allow donations of real and personal property, products, services, and money. A donation of money may have conditions or restrictions or may be for general purposes. A donation of land or interest in land may have conditions that restrict how we use the property (see “donations with conditions”).

D. Donations Senior Manager is the Service employee responsible for overseeing our donation-related activities, ensuring compliance with Departmental and Service donations policies, and reviewing and determining the appropriateness of specific donations (valued at $250,000 or more). The Service’s Donations Senior Manager is the Assistant Director – Office of Communications (AD-OC).

E. Donations with conditions, also called restrictive donations, are donations we can use only for a specific purpose, or donations of land or interest in land that include restrictions on the type of use or access (e.g., a reservation of hunting rights or no hunting, no development, no vehicular access or access reserved to the donor, timbering or no timbering, etc.).

F. Fiscal year is an accounting period that spans 12 months and runs from October 1 to September 30.

G. Friends organizations bring non-governmental assistance to the Service through volunteer efforts, private contributions, community outreach, and other activities. We further define them in 633 FW 1.

H. Fundraising is seeking donations of money, goods, or services for the benefit of the Service. Typically, this applies to support groups, such as Friends organizations, that do fundraising for the benefit of the Service.

I. Fundraising agreements are documents demonstrating accord that must be executed prior to fundraising by non-Federal entities on behalf of the Department or Service. These agreements must require that the fundraiser explicitly state during fundraising activities that they are seeking financial or other resources on behalf of the Department or Service.

J. Gambling is a game of chance where a person provides consideration for the opportunity to play the game and is offered a prize for winning the game.

(1) A game of chance includes, but is not limited to, a raffle, lottery, and sports pool, game of cards, the selling or purchasing of a numbers slip or ticket, or any game for money or property.

(2) Consideration includes a participation fee, a wager of money, or something else of value in return for the possibility of winning a reward or prize.

(3) A prize includes a monetary award or a tangible or intangible item. Examples include meals, drinks, administrative leave, gift certificates, tickets to events, and cash.

K. Grants are awards (usually monetary) based on open competition. The grant provides terms that specify the uses of the award and any required deliverables, such as reports. It is different from a donation with conditions because it requires an application and selection process. Applying for non-Federal grants is a form of solicitation.

L. Lockbox is the term we use to refer to a banking institution or location that gives the Service the financial processing services we need to deposit funds into the Federal Reserve Bank.

M. Non-real property donations are donations of money, products, services, or personal property.

N. Personal property is any owned asset other than land. The distinguishing factor between personal property and real property is that personal property is movable (not fixed permanently to one location as with land or buildings).

O. Phased donations are donations that are accepted over a period of years. The authorized employee should evaluate and consider the circumstances surrounding the multi-year project/donation and accept or deny it following the procedures in sections 8.12 to 8.15 of this chapter. For donations of land or interests in land, it is common for a donor to spread the donation over several years by donating a portion of the property, or an undivided interest in the entire property, each year for tax benefits. This is still considered one donation. 

P. Real property donations are donations of land or interests in land and generally whatever is erected or growing on or fixed to the land. The most common reasons for landowners to donate land are because they want to benefit conservation programs or receive tax benefits.

Q. Solicitation is any request by an employee to a non-Federal entity, group, or individual, seeking donations to the Service in support of its programs or activities.

RESPONSIBILITIES

8.7 Who are authorized employees, what conditions must they be aware of, and what responsibilities do they have? See Tables 8-1 and 8-2.

A. Authorized employees and donation thresholds. See Table 8-1.

Table 8-1: Authorized Employees and Their Donation Thresholds

B. Responsibilities, Conditions, and Delegations. See Table 8-2.

Table 8-2: Responsibilities, Conditions, and Delegations for Donations, Fundraising, and Solicitation

REQUIRED TRAINING

8.8 What qualifications and training must authorized employees have to accept donations? Authorized employees must have sufficient experience, training, and organizational responsibility so that they can fully consider all factors and circumstances when accepting donations. At a minimum, they must be familiar with the Department’s donations policy and this chapter and have completed any required ethics training. 

TYPES OF DONATIONS

8.9 What types of donations does the Service receive? We may accept donations of:

A. Money, including contributed funds, for either restricted or unrestricted purposes;

B. Tangible personal property, e.g., vehicles, boats, furniture, collectibles, works of art;

C. Museum collections and artifacts (see 126 FW 1);

D. Intangible personal property, e.g., securities, such as stocks;

E. Real property or interests in real property;

F. Planned and phased giving, e.g., through estate planning, bequests, charitable gift annuities, charitable trusts, retirement plans, or life insurance beneficiary designations; and

G. In-kind contributions, e.g., goods, services, expertise.

8.10 How may the Service use donations? We may use donations to fund or otherwise support any activity or program for which we could use appropriated funds, and only for the purpose of promoting and furthering our mission and goals.

ACCEPTANCE CONSIDERATIONS

8.11 What must authorized employees consider when evaluating a proposed donation of any type or value? This section describes the factors authorized employees must consider when determining whether to accept or decline a proposed donation of any type or value. None of the factors should individually trigger a decision to accept or decline a proposed donation, but each illustrates what authorized employees must ask when evaluating the circumstances and making donation-related decisions. Authorized employees must act in a legally and ethically appropriate manner and document the factors considered in their decision making on the Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561).

A. Is there a legislative authority for accepting the donation? (see section 8.5)

B. Would the donation maintain the integrity of the Department’s and the Service’s programs and operations?

(1) Does the donation appear to be (such as by its amount or circumstances), an attempt to influence regulatory or other Departmental or Service authority, or otherwise secure benefits or services?

(2) Does the donation meet a legitimate Department or Service need, and does it require the commitment of funding that is not currently available or anticipated?

(3) Does the donation promote and enhance the Service’s mission, an individual program, or unit?

(4) Is the donation consistent with, and not a means to circumvent, a law, regulation, or policy?

(5) Is the Service able to properly use and manage any donated real property, including land or interests in land, or personal property within policy, programmatic, and management goals?

(6) If there are conditions on the donation, are they consistent with authorized purposes and with any relevant Service policy or planning documents?

(7) Will the donor use the donation to state or imply the Department’s or the Service’s endorsement of the donor or the donor’s products or services?

(8) Is the donation, if it consists of personnel or funding to hire personnel, structured such that the donated or funded personnel do not inappropriately influence any Departmental or Service regulatory action or other significant decision?

C. Does the donation maintain the impartiality, and appearance of impartiality, of Departmental and Service employees?

(1) Does the amount of the donation influence or appear to seek to influence any pending Department or Service decision or action involving the donor’s interests?

(2) Could our acceptance of the donation be construed as an actual or an implied commitment by the Department or the Service to take action favorable to the donor in exchange for the donation?

(3) Could our acceptance of the donation be construed as the donor obtaining or appearing to obtain special treatment in dealing with the Department or the Service?

D. Does the donation maintain public confidence in the Department’s and Service’s programs and personnel?

(1) Will accepting the donation cause substantial public controversy?

(2) If there are conditions on a donation, are they consistent with the Department’s and Service’s policies, goals, and programs?

(3) Does the donation consist of goods or services not needed?

PROCEDURES

8.12 What procedures must authorized employees follow when evaluating and documenting a proposed donation? For direct donations (not indirect, such as cash in donation boxes or nominal cash donations proffered at Visitor Centers, etc.), authorized employees must:

A. Evaluate a prospective donor every fiscal year that the donor offers a donation (unless their fiscal year donation total triggers a higher evaluation requirement – see 374 DM 6). This applies to both one time and phased donations. If an authorized employee is aware that information related to a prospective donor has significantly changed, they should re-evaluate the prospective donor.

B. Complete the Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561). A copy of this form will later go to the lockbox.

C. If the donation is worth $25,000 or more, ask the proposed donor to fill out the Donor Certification (Form DI-3680). If the proposed donor does not provide this information, gather it from other sources. A copy of this form will later go to the lockbox with other documentation.

D. Determine what additional information (if any) is necessary to evaluate the circumstances of the proposed donation. This information includes the acceptance considerations described in section 8.11 and reflected in the Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561) and may include, but is not limited to, the value and any conditions of the proposed donation.

(1) For all proposed donations with conditions, the authorized employee must determine whether:

     (a) The value of the donation with conditions is $300 or more:

     (i) We may accept donations valued at $300 or more for restricted or general purposes, and

     (ii) We may accept donations valued at less than $300 only for general purposes; and

     (b) The terms of the donation comply with the Department’s donations policy (see 374 DM 6), this chapter, and our mission.

(2) For proposed donations of land or interests in land, the authorized employee must give special consideration to the donor’s conditions (if any, see section 8.6D) and the costs necessary to develop, manage, and maintain the property to meet our objectives and satisfy special conditions. The authorized employee also must:

     (a) Consider and negotiate each proposed donation on a case-by-case basis,

     (b) Ensure that a proposed donation is allowable under the acquisition authority,

     (c) Ensure the costs are commensurate with the benefits received, and

     (d) Determine whether the terms of the donation comply with the Department’s donations policy (see 374 DM 6), this chapter, and our mission.

E. If the authorized employee has any reason to believe that the donor is or was the subject of a Departmental Office of Inspector General (OIG) investigation, they must refer the proposed donation to the OIG or appropriate investigating office to obtain information about the investigation.

F. After completing the review and evaluation of a proposed donation of real property, the authorized employee must store information that led to their decision in the land acquisition project option file (see Privacy Act Issuances [2005], Interior/FWS 11, Real Property Records), with access limited to them or their program office.

G. After accepting a donation, the authorized employee should send a letter of appreciation or recognize the donor in another appropriate manner (see section 8.28 and Exhibit 1).

8.13 What additional procedures must authorized employees follow when evaluating a proposed donation valued at $25,000 or more?

A. Real property donations valued at $25,000 or more. In addition to the procedures in section 8.12, authorized employees must:

(1) Ask the prospective donor to fill out the Donor Certification (Form DI-3680). If the prospective donor does not provide this information, gather it from other sources so that it is available to make a decision regarding the donation and to document the findings;

(2) Review the gathered information and evaluate the circumstances surrounding the proposed donation;

(3) If the authorized employee has concerns, send the information in the title package to the SOL and request an evaluation;

(4) Decide whether to accept or decline the proposed donation. Acceptance of the proposed donation must comply with the conditions and responsibilities we list in section 8.7; and

(5) If the donation is subject to a reverter clause, obtain the Director’s and the U.S. Department of Justice’s approval prior to accepting the donation (see 342 FW 5, Non-Purchase Acquisition). A reverter clause is language with restriction(s) attached, and if the recipient violates the restriction(s), the donation may revert back to the donor.

B. Non-Real Property Donations valued at $25,000 or more. In addition to the procedures in section 8.12, authorized employees must:

(1) Ask the prospective donor to fill out the Donor Certification (Form DI-3680). If the prospective donor does not provide this information, gather it from other sources so that it is available to make a decision regarding the donation and to document the findings;

(2) Review the gathered information and evaluate the circumstances surrounding the proposed donation; and

(3) Decide whether to accept or decline the proposed donation.

C. Non-Real Property Donations valued at $250,000 or more.

(1) In addition to the requirements in sections 8.12 and 8.13B, authorized employees must provide information about the proposed donation to the Donations Senior Manager for a final determination on whether to accept or decline the proposed donation. The authorized employee must provide the following information:

     (a) The authorizing statute for accepting the donation;

     (b) Any conditions that may have significant implications for our budget or programs;

     (c) If the donation has restrictive conditions, an explanation of how the donation:

     (i) Will benefit our national mission,

     (ii) Is consistent with program priorities, and

     (iii) Will not divert resources from other priorities;

     (d) Assurance that the proposed donation will maintain the integrity and impartiality of the Department’s and the Service’s programs, operations, and employees and public confidence in the Department and the Service; and

     (e) Supporting documentation, including, but not limited to, the acceptance considerations described in section 8.11 and required information described in section 8.12C.

(2) The Donations Senior Manager:

     (a) Must refer the proposed donation to the SOL for a litigation search;

     (b) Must refer the proposed donation to the affected Directorate member(s) in HQ and the AD–MA to review the information to ensure the proposed donation is consistent with our policies and budgetary priorities; and

     (c) May refer the donation to the OIG to obtain information about the donor from its systems.

D. Non-Real Property Donations valued at $1,000,000 or more. In addition to the requirements in sections 8.13B and C above, the authorized employee, through the Donations Senior Manager, must also refer the proposed donation to the other Departmental bureaus’ Donations Senior Managers so they can identify any concerns.

8.14 Are there donation situations that do not require authorized employees to follow the procedures in sections 8.12 and 8.13? Yes, once the authorized employee has determined that the proposed donation complies with our acceptance considerations (in section 8.11), we do not have to follow the procedures in sections 8.12 and 8.13 if the donation is:

A. From a Federal, State, or local government;

B. From an accredited educational institution; or

C. Offered during and in relation to natural disasters and other emergencies.

8.15 What donation-related activities must the Service document? We must document our donation-related activities in accordance with applicable statutes and regulations, including the Federal Records Act, the Paperwork Reduction Act, and the Privacy Act. Such documentation allows for audit or investigation by the OIG or the U.S. Government Accountability Office. 

A. We must document receipt and disposition of all real or personal property, regardless of the method or source of acquisition, in accordance with 410 DM 1, Personal Property Management; Scope, Policies, and Responsibilities.

B. The Chief–NWRS must document and track the receipt and disposition of all real property donations.

C. The authorized employee or the field or program office that receives a personal property donation must document receipt and disposition of the donation, and, when the donation qualifies as accountable, system-controlled personal property, must submit a Receiving Report (Form DI-102) to the Property Operations team. The Property Operations team records the property donation in FBMS (refer to 310 FW 1-6, Personal Property, for additional information, guidelines, and requirements).

D. The authorized employee must document the evaluation and acceptance or non-acceptance of donations of any type using the Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561) for all donations, and the Donor Certification form (Form DI-3680) for donations valued at $25,000 or more.

E. The AD–MA, with concurrence from the Donations Senior Manager, must:

(1) Document and track monetary donations in a way that provides accountability for individual donations. At a minimum, for any donation valued at $5,000 or more, the AD-MA must identify the source, the date, and the amount of the donation.

(2) Establish distinct accounting elements to comply with donor requirements for donations with conditions. Obligations and expenditures charged to a WBS must be consistent with the conditions. For example, if the donation is limited to purchasing maintenance supplies, then salaries and contract costs are not permissible to the WBS. The authorized employee who received the donation must monitor all charges to the WBS to ensure compliance with the conditions of the donation.

(3) Ensure appropriate documentation is received to support accounting and reporting requirements.

(4) Establish such internal controls as the Office of Management and Budget Circular A-123 requires.

8.16 May donations be refunded by the Service? We should only refund donations that have restrictions in very limited circumstances, such as when conditions associated with the donation are not met. General donations should never be refunded.

DEPOSITING DONATIONS

8.17 How do employees deposit monetary donations and make them available for use? How monetary donations are deposited and used depends on the intent of the donation.

A. Monetary donations are deposited into the Service’s contributed funds account or other donation receipt account (see Exhibit 2 for a list of donation receipt accounts).

(1) The Collection Officer for the authorized employee’s office prepares an electronic Collection Transmittal Remittance form in Pay.gov.

(2) The Collection Officer sends the following to the Service’s lockbox address. Check the Payments and Collections team SharePoint site to validate the most current lockbox address:

     (a) A copy of the electronically submitted Collection Transmittal Remittance Form (FWS Form 3-2061);

     (b) Original check, money order, or cashier’s check;

     (c) A copy of the Service’s acceptance letter, if appropriate; and

     (d) A copy of the completed Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561).

(3) The Payments and Collections team deposits and records the donation in the appropriate WBS or donation receipt account using fund code 300A in FBMS.

(4) The Division Chief, Budget and Performance, allots and allocates the donated funds after they are deposited.

(5) The receiving organization may obligate and expend the funds after the Division Chief, Budget and Performance, has allocated them.

B. Monetary donations to a Friends organization go into that Friends organization’s account. 

C. Other nonprofits or nongovernmental organizations must have a fundraising agreement or special use permit in place that allows them to accept monetary donations for the benefit of the Service.

DONATION SOLICITATION

8.18 May employees solicit donations on behalf of the Service?

A. Employees may not directly solicit donations unless the Donations Senior Manager authorizes them to do so in writing (see section 8.7B(5)).

(1) Employees may apply for and accept grants under the limitations in section 8.19.

(2) Donation boxes are not considered a direct solicitation. Refuge Managers or Project Leaders may set out donation boxes (see section 8.27).

B. The Donations Senior Manager may authorize employees to directly solicit third parties only in limited circumstances.

(1) Such authorizations must meet the following conditions:

     (a) The written authorization must clearly describe the scope of the authorized solicitation, including how the employee may solicit for donations, the timeframe, permissible entities that the employee may solicit, and any restrictions on the solicitation activity.

     (b) Employees must not portray Congress, the Department, or the Service as having failed to meet their responsibilities. Employees must ensure, consistent with anti-lobbying provisions, such as Lobbying with Appropriated Moneys (18 U.S.C. 1913), that they do not make any statement or take any action that may be construed as encouraging contact of a Federal Government official to influence them in any way.

(2) Employees may provide information, when appropriate, regarding their authority to accept donations in support of their programs. As part of this activity, employees may develop lists of programs or activities that we could undertake with donated support and disclose them to outside entities.

GRANTS

8.19 May employees apply for and accept grants from any person or non-Federal entity? Only authorized employees may apply for and accept grants from non-Federal entities, groups, or individuals on behalf of the Service.

A. Before applying for and accepting a grant from a person or non-Federal entity, authorized employees must evaluate the proposed grant/grantor in the same manner as a proposed donation/donor.

B. When applying for a grant with a person or non-Federal entity, authorized employees must address the basic acceptance considerations in sections 8.11 and 8.12C.

C. In general, authorized employees should consider whether accepting the grant will maintain the integrity and impartiality of the Department and the Service and the public’s confidence in the Department and the Service.

D. Authorized employees must write an approval memorandum, which must include the specific grant authority, to the AD-MA to document the evaluation.

8.20 May employees apply for and accept grants from Federal, State, or local governments and accredited educational institutions? 

A. Before applying for and accepting a grant from Federal, State, or local governments and accredited educational institutions, authorized employees must evaluate the proposed grant/grantor in the same manner as a proposed donation/donor.

B. Authorized employees must also address the basic acceptance considerations in section 8.11. The procedures in sections 8.12 and 8.13 do not apply.

C. In general, authorized employees should consider whether accepting the grant will maintain the integrity and impartiality of the Department and the Service and the public’s confidence in the Department and the Service.

D. Authorized employees must write an approval memorandum, which must include the specific grant authority, to the AD-MA to document the evaluation.

DEPOSITING GRANTS

8.21 How do employees deposit grant funds and make them available for use?

A. Federal source. We must process grants we receive from Federal sources as a reimbursable agreement. They are subject to indirect cost recovery rates (see 264 FW 2).

B. National Fish and Wildlife Foundation (NFWF). We must process grants we receive from NFWF as a reimbursable agreement. They are not subject to indirect cost recovery rates (see 264 FW 2).

C. Non-Federal source. Based on the administrative requirements, we may process grants we receive from non-Federal sources as either donations (which we may deposit in the contributed funds account) or as a reimbursable agreement (see 264 FW 2):

(1) Processed as donations. Funds are deposited into our contributed funds account or other donation receipt account (see Exhibit 2 for a list of donation receipt accounts). These funds are not subject to indirect cost recovery rates (see 264 FW 2).

     (a) The authorized employee determines if the grant complies with the authorizing statutes of the contributed funds account or the specific donation receipt account. 

     (b) The Collection Officer for the authorized employee’s office prepares an electronic Collection Transmittal form in Pay.gov.

     (c) The Collection Officer sends the following to the Service’s lockbox address. Check the Payments and Collections team SharePoint site to validate the most current lockbox address:

     (i) A copy of the electronically submitted Collection Transmittal form;

     (ii) Original check, money order, or cashier’s check;

     (iii) A copy of the Service’s acceptance letter, if appropriate; and

     (iv) A copy of the authorized employee’s approval memorandum or completed Acceptance of Donations from a Non-Federal Source Under the Service’s Donation Policy form (FWS Form 3-2561).

     (d) The Payments and Collections team deposits and records the grant funds in the appropriate WBS or donation receipt account with Fund Code 300A in FBMS.

     (e) The Division Chief, Budget and Performance, allots and allocates the grant funds after they are deposited.

     (f) The receiving organization may obligate and expend the funds after the Division Chief, Budget and Performance, has allocated them.

(2) Processed as reimbursable agreement.If the grant does not meet the qualifications in section 8.21C(1)(a) and it is not from NFWF, it is considered a reimbursable agreement and subject to the applicable indirect cost rate (see 264 FW 2).

FUNDRAISING

8.22 Do other entities solicit donations or fundraise on behalf of the Service? Yes.

A. Congress occasionally charters nonprofit partners or recognizes the role of an existing nonprofit partner through legislation. In 1984, Congress passed the NFWF Establishment Act (16 U.S.C. 3701), which chartered NFWF as a national, charitable, nonprofit corporation to encourage private gifts to the Service that further the conservation and management of our fish, wildlife, plants, and other natural resources. NFWF may solicit donations and fundraise on our behalf.

B. Friends organizations may also solicit donations and fundraise on our behalf or to support their activities and programs that benefit us (see 633 FW 1-4). Friends organizations:

(1) Are independent, nonprofit organizations formed and managed primarily by private citizens whose mission is to support our site or program purposes and objectives (e.g., National Wildlife Refuges, National Fish Hatcheries, or other programs or offices).

(2) Most commonly support a single Service site, but they may support multiple sites, offices, or programs.

(3) Provide many vital services to our sites and programs, including community outreach and special events support; educational, interpretive, and other visitor services programming support; habitat restoration and other biological and maintenance program support; and volunteer staffing.

(4) Have formal partnership agreements (i.e., Friends Partnership Agreements) that define the relationship between the Friends organization and the Service. These agreements include agreed-upon activities that the Friends organizations conduct on our behalf including, where applicable, any solicitation and fundraising activities.

C. Non-Federal entitiessuch as Ducks Unlimited, The Nature Conservancy, Public Lands Alliance, and The Trust for Public Land, may solicit donations or fundraise on our behalf when consistent with the Department’s and Service’s mission, goals, and policies. There must be a written fundraising agreement in place prior to any fundraising on behalf of the Service. The agreement must require that the fundraiser explicitly state during fundraising activities that they are seeking financial or other resources on behalf of the Service (see sections 8.24 and 8.26).

8.23 What types of fundraising activities are not permitted on Service-managed property?

A. We do not allow any fundraising activities on Service-managed property that are not in direct support of a Service site covered by a written fundraising agreement (e.g., Friends Partnership Agreement, fundraising agreement, etc.) or as authorized under section 8.26.

B. Service employees are prohibited from involvement in fundraising activities on Service-managed property to benefit a non-Federal entity, with the exception of the Combined Federal Campaign.

C. Gambling activities are prohibited on Service-managed property (e.g., games of chance, bingo, raffles, etc.). 

D. Employees should contact the SOL with questions about engaging in fundraising activities for authorized purposes with regard to official donations to the Service. Employees who want to engage in fundraising in a personal capacity in the Federal workplace (aside from the Combined Federal Campaign and approved disaster relief efforts) must comply with the Standards of Ethical Conduct for Employees of the Executive Branch and contact the DEO with any ethics questions.

8.24 When does the Service need a written fundraising agreement? Except in limited circumstances (see section 8.26), we may not accept donations raised for our benefit without a written fundraising agreement. The agreement:

A. Must be completed and signed by both parties before the non-Federal entity begins fundraising.

B. Must require the fundraiser to state explicitly that they are seeking financial or other resources for our benefit. For example:

(1) A local civic group that wants to raise $100,000 for a new boardwalk on a nearby National Wildlife Refuge must enter into a fundraising agreement with us before sending out solicitation letters.

(2) A nonprofit conservation group that comes onto a National Wildlife Refuge to solicit funds for a project that will benefit that refuge must enter into a fundraising agreement with us.

C. May be written for a short-term effort or may broadly cover a long-term relationship encompassing many fundraising activities.

8.25 What information must be in a written fundraising agreement?

A. Fundraising agreements may vary in format and substance, but they all must enable us to evaluate fundraising objectives, plans, and schedules; minimize overlap with other fundraising efforts; and ensure fundraising complies with our policy. The agreement must require those fundraising for our benefit to conduct themselves in a manner that ensures the integrity and impartiality of the Department and the Service and public confidence in the Department’s and Service’s programs and personnel.

B. The fundraising agreement must include, at a minimum, the following information:

(1) The fundraising objectives and timeframe;

(2) Descriptions of the roles our employees may have in the fundraising campaign;

(3) The authorized employee’s name, title, and contact information and the name, title, and contact information for the non-Federal entity conducting fundraising activities, including signatures;

(4) A requirement that the authorized employee approve, in writing, all printed and other informational and fundraising materials before they are distributed or communicated to the public;

(5) A description of how the non-Federal entity will account for funds they raise and how they will secure any funds they invest;

(6) A clause that allows us to terminate the agreement at our discretion and without cost;

(7) A clause prohibiting actions that imply that we endorse the business, products, or services of prospective donors or actions that are inconsistent with the Department’s donations policy or this chapter;

(8) A description of how we evaluate prospective donors;

(9) Plans for how we will recognize contributions;

(10) Descriptions of how we will address contingencies, including cost overruns, and dissolution of assets, if necessary; and

(11) Frequency of reporting, what to report, and who gets the report.

8.26 When is a written fundraising agreement not required? We do not require a written fundraising agreement in the following situations:

A. For most Friends organization fundraising activities. We do not require a written fundraising agreement for a Friends organization if an individual Friends Partnership Agreement is in place that clearly identifies fundraising activities it will conduct to carry out its mission to support a Service unit (e.g., nature store sales). However, if a Friends organization leads a specific fundraising effort on our behalf with the intent of raising more than $25,000 (e.g., larger, more complex projects, like capital campaigns, endowments, or fundraising activities that are not included in the Friends Partnership Agreement’s scope of work), then, where applicable, we must address the activities in a separate fundraising agreement (see sections 8.24 and 8.25).

B. For events that are local or community-based, are locally publicized, and are not expected to raise more than $25,000, on behalf of the Service. Even though fundraising agreements aren’t required, authorized employees must account for monetary donations from local events—including those that Friends organizations host—in the Service’s financial system (i.e., FBMS) at a level that identifies individual donors. Examples of local events include:

(1) Wildlife festival,

(2) Silent auction, or

(3) Request from a local service club to a grocery store for an in-kind donation of consumable goods, such as snacks and garbage bags, for use in the club’s volunteer maintenance efforts on Service-managed property.

DONATION BOXES

8.27 May a Refuge Manager or Project Leader install a donation box on Service-owned or leased property? Yes, by authority of the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998, as amended, and the National Hatchery System Volunteer Act of 2006, a Refuge Manager or Project Leader may install a donation box on Service-owned or leased property if:

A. 100% of the money received in the donation box is used to support Service onsite programs and projects (for refuges, “onsite” may include other refuges within the same National Wildlife Refuge Complex), and

B. The donation box clearly advises the public about how we will use the money:

(1) Monetary donations in a site’s donation box go into a contributed funds account (see section 8.17).

(2) Monetary donations in a Friends organization’s donation box go into the Friends organization’s account.

DONOR RECOGNITION

8.28 How does the Service recognize donors?

A. Donors who have contributed to us directly or through a fundraising partner may receive appropriate, reasonable recognition and thanks from us, our fundraising partners, or both through:

(1) Letters of acceptance and appreciation (see Exhibit 1);

(2) Press releases to traditional and digital media outlets, such as newspapers, magazines, radio, television, websites, and social media;

(3) Public events, such as media events, award presentations/programs, photo opportunities, annual meetings, conferences, and flyers associated with these events;

(4) Certificates, acknowledgment plaques or nameplates, donor boards and walls, donor books, and similar items;

(5) Temporary displays, signs, banners, or other temporary signage/items or portable exhibits at construction, restoration, or other sites when directly related to the project for which the donation was made; and

(6) Short, discrete, unobtrusive publicly displayed acknowledgements of credit, showing the donor’s name on or in interpretive and digital media, such as temporary exhibits, waysides, audiovisual productions, and printed materials.

B. Authorized employees may determine the means of recognizing donations, but they must consider the appearances associated with the donation and the means of recognition, and whether the cost of the recognition is a proper expenditure of appropriations. In recognizing donations, Departmental employees may not use or permit the use of their official title, position, or any authority associated with their public office to imply that the Federal Government, the Department, or its bureaus or offices may be sponsoring, sanctioning, or endorsing a non-Federal entity or its activities. Employees should contact the DEO with any questions.

C. For any donation we receive valued at $300 or more, we must, at a minimum, acknowledge the donation by preparing and issuing a letter of acceptance and appreciation (see Exhibit 1).

D. Most donors view a donation to a group fundraising effort for our benefit as a donation to the Service. It is appropriate that both the partner and the Service express appreciation consistent with Service policy.

E. The logo(s) of the Department, its constituent offices, bureaus, or agencies must not be used without advance, written approval from the Department or other delegated authority (see 041 FW 2).

F. The use of any logos or signage of corporations or organizations is prohibited except in limited circumstances.