U.S. Fish and Wildlife Service

Friends Policy Implementation

Overview• Policy need and process • How Friends are unique from other community partners• Use of the new Friends Partnership Agreement template• Service employee roles and participation in Friends activities• Difference between certain Friends and volunteer activities• Friends liability and insurance needs on Service property• Nature store management responsibilities• Appropriate nature store sales items• Service logo policy• Policies on lobbying and gambling on Service property• Distinction between fundraising and solicitation of donations on Service

property• Friends use of Service property• Existing authorities restricting Friends from charging and collecting recreation

fees

Who is the policy written for?

Friends,Service employees,

Refuge System employees, or

Both Friends and Service employees

Friends Policy

Includes 4 chapters that are now part of the Service Manual in Part 633 FW 1-4

• Chapter 1. Working With Friends Organizations

• Chapter 2. Finance and Administration through Friends Agreements

• Chapter 3. Friends Partnership Agreements

• Chapter 4. Friends Nature Stores and Other Revenue-Generating Activities

Policy Need

• Implement provisions of the Refuge System and Hatchery Systems Community Partner and Volunteer Acts

• Friends ability to lobby

• Number and complexity of Friends partnerships has increased

• Increase in questions and need for guidance

Policy Process

• Policy team developed draft 2007-2010

• 75-day public comment period in 2010

• Received and addressed over 500 comments

• Multiple solicitor reviews and Chief briefings

• Draft Service Donations Policy consistency

• 30-day Regional Directorate review 2013

• Cross program policy team formed to assist with implementation communications

• 501c3 nonprofit status

• Mission that supports a Service site, complex of refuges/hatcheries, or a Service program

• Partnership formalized in the new Friends Partnership Agreement

Friends are Unique

• All agreements must be converted within 3 years

• Standard agreement for all, supplemental agreement for “Use of Service Property”

• Regional Director approved for 5 years, option to modify annually

• Must include specific details on roles and responsibilities, fundraising activities, nature store management and sales items

• Template populated with common language

NEW Agreement Template

Prohibited involvement:• Solicitation of donations• Lobbying• Gambling• Serving on the Friends Board of Directors

Service Employee Involvement

Must avoid involvement in:• Operation and administration functions of the nonprofit

⁻ Managing and moderating the Friends Facebook page⁻ Managing nature stores⁻ Writing and submitting Friends grant applications, IRS forms, etc.⁻ Formally recruiting Friends members

Friends Activities

Cannot be counted as Service volunteer hours:1) Soliciting for donations

2) Lobbying

3) Gambling

4) Operation and administration of a nonprofit organization

Question to ask: “Is this official Service business?”

Service Volunteer Activities

• Volunteer Services Agreement (VSA) offers individual volunteers tort liability and injury protection while doing official Service business

• VSA does not offer a Friends organization liability protection

• Strongly recommended for nature stores

• Project Leader may require Friends to obtain insurance for certain specialized activities

⁻ Friends led kayak tours⁻ Co-sponsored public event

Friends & Insurance

ACTIVITY FRIEND SERVICE VOLUNTEER

Staffing a Friends outreach booth at a local mall event    

Selling tickets for a festival kayak raffle    

Developing an agenda for an on-site silent auction    

Conducting a nature store inventory

 

   

Staffing the nature store 

 

   

Telling a legislator that the proposed budget for the Refuge System is not enough 

   

Participating in a boardwalk fundraising committee  

   

Asking the local grocery store if they will donate drinks for a volunteer event 

   

Completing an IRS application for 501(c)3 status   

• Friends are required to recruit and schedule their own volunteers to perform day-to-day operations

Nature Store Management

Required sales items criteria:• Educational value• Reinforce the mission/goals of the Service and/or the Friends organization

Nature Store Sales Items

Restricted items:• Prohibits consignment of goods and long-term third party sales• Food and beverages

⁻ Randolph-Sheppard Act – priority given to individuals who are blind to operate snack bars and vending machines

• Sunscreen and insect repellant⁻ Can’t compete with local community commercial businesses

• Items with the Service logo, including all versions of the blue goose are not permitted to be sold to the public (Emblems Policy)

• Service logos are not in the public domain and can only be used for official purposes

• Director approval is required for all partner uses

• It is Important to maintain a clear distinction between Service and Friends, especially when Friends are lobbying, soliciting for donations, gambling, and managing the nonprofit organization

• This is why Friends must not use Service logos on Friends websites, brochures, newsletters, and flyers

• Prohibits use of all Service logos and sublogos on items for sale to the public

Emblems, Part 041 FW 2

Lobbying Restrictions on Service Property

• Prohibition for federal employees to engage in lobbying• Applies as well to non-federal entities that receive federal appropriated

funds

What is lobbying?:• Contacting or urging the public to contact members or employees of a

legislative body AND expressing support or opposition to a piece of legislation or advocating for the adoption or rejection of legislation

• Influencing/asking members of a legislative body for more appropriated funds for the Service

Gambling, 50 CFR 27.85• Prohibits Service involvement in any Friends “gambling” activities

• Gambling = paying for a chance to win something,

Example -- RAFFLE• A raffle cannot be promoted or conducted on Service property and Service

employees and volunteers cannot promote raffle

• The Service logo cannot be used on any promotional material which refers to the raffle

• There cannot be any implied Service endorsement of any business related to the item or service being raffled

Friends Fundraising Activities1) Sale of Goods and Services• Nature stores• Internet sales• Memberships• Special events (prof. photography workshop, special boat tour)

2) Applying for grants/foundations for project fundraising

3) Soliciting for donations• Indirect donations [no specific ask] (donation boxes, bequests)• Direct solicitation of donations [specific ask] (benefit event, silent auction,

special fundraising campaigns)

Fundraising vs Soliciting for DonationsON SERVICE PROPERTY

General Friends Fundraising Revenue – Friends Financial Account• Nature store sales• Memberships• Approved special event programs through a Special Use Permit• Approved indirect solicitations - donation box

Friends Direct Solicitation Revenue – Service Contributed Funds Account• E.g., silent auction, benefit event, special fundraising campaign• Solicitation must be for a specific Service project• Net funds must be deposited into a Service contributed funds account

Friends Use of Service Property • Friends may only operate Government-owned vehicles while

working as an official Service volunteer under an approved Volunteer Services Agreement

• Friends are prohibited from using appropriated Federal funds, facilities and equipment to conduct lobbying activities and games of chance

• To the extent the Government is already providing the following, the Service may provide Friends with utilities, internet, phone, general cleaning service, trash removal, etc.

• Federal Lands Recreation Enhancement Act (FLREA)• Recreation Fee Program • Service cannot permit Friends to charge and collect

recreation fees • Friends could be approved to charge for a workshop or

tour for a special event through a Special Use Permit• No “suggested donations” for recreation programs

Recreation Fees are Regulated

Summary

• We hope you have a better understanding of the purpose and need for policy

• Distinguished that Friends are unique partners• Introduced the new agreement procedures• Clarified Service involvement in Friends activities• Made distinctions between Friends and volunteer activities• Discussed Friends liability and insurance considerations• Identified nature store management specifics, including detail on sales

items• Provided reminders about the logo policy• Provided reminders about lobbying and gambling restrictions on Service

property• Differentiated between fundraising and solicitations on Service property• Clarified Friends use of Service property• Discussed proper procedures for charging recreation fees

Thank You!