This page is intended to serve as a guide for NPS employees involved in private sector partnerships and to highlight for our partners ethical considerations that NPS employees must follow. These guidelines are commonsense approaches to dealing with partnerships and at all levels in the NPS.

Things to avoid when establishing private sector partnerships:

1. You cannot endorse the products or services of the partner organization in an official capacity as a Federal employee and you have to be sensitive to when there could even be an appearance of an endorsement.
   5 CFR 2635 - Federal employees may not endorse the products or services of private organizations nor may private organizations use appropriated funds to advertise. Such activities may result in the misuse of public office for private gain. The provision on private gain refers to anyone's private gain NOT just the Federal employee's private gain.
2. Do not solicit funds or donations for NPS programs from partner organizations without specific statutory authority. With the exception of written applications for grants, NPS employees can identify a park need but cannot ask directly for contributions.
   Congress authorized the NPS to accept donations for purposes of the National Park System. However, neither the NPS nor its employees has authority to solicit donations. The NPS' role with respect to donations is generally restricted to educating the public about the existence of the gift acceptance authority and specific needs of the National Park System. NPS staff can prepare and submit written grant applications. (Directors Order 21: Donations and Fundraising)
3. Do not create an organization to do what your own agency cannot do and then enter into a partnership with it.
   Under 31 U.S.C. 9102, an agency may establish or acquire a corporation to act as an agency only by or under a law of the United States specifically authorizing the action.
4. Do not accept any compensation other than your federal salary for official duty services provided to partner organizations unless that compensation is from another Federal agency.
   18 U.S.C. 209 is a criminal statute that prohibits dual compensation for services provided by Federal employees. Only the United States can pay you for work that you do as a Federal employee.
5. Do not use appropriated money to pay for lobbying activities to be performed by a partner.
   18 U.S.C. 1913. This criminal statute prohibits the use of appropriated funds to lobby Congress except through established official Federal agency channels and the procedures sanctioned by the Office of Management and Budget.
6. Do not participate in the fund raising activities of private individuals or organizations for personal gain.
   Executive Order 12674, prohibits employees from fund raising by provisions that prohibit any actions that result in or create the appearance of: using public office for private gain (meaning anyone's private gain), losing independence or impartiality, or affecting adversely the confidence of the public in the integrity of the federal government.
7. Do not partner on a project that is in conflict with NPS stated ethics or civil rights policies.
   NPS cannot partner with anyone whose stated policy or mission is contrary to NPS ethics and policies.
8. Do not give undue influence or preferential treatment to any private organization or individual through a partnership.
   Executive Order 12674, as modified by Executive Order 12731, outlines the principles of ethical conduct.

Things to do when establishing private sector partnerships:

1. Prepare a written agreement to guide the partnership. The agreement should contain the objectives of the partnership. It should state the policy on endorsements and advertising and the responsibilities of each partner. The agreement should clearly state what each partner will do and can expect from the partnership activities.
   Partnerships are fluid. An agreement puts down on paper the expectations of the partnership and each partner's contributions. Having a written agreement also documents an employee's time and resources dedicated to managing and nurturing the partnership. A partnership agreement can be a useful tool for gauging changes in the relationship that stray from the original intent.
2. Get pre-approval for serving on boards from your supervisors and ethics officer. NPS employees can attend meetings to provide information and serve on boards in an ex-officio, non-voting, capacity. This gives the board more flexibility and avoids the appearance of NPS having undue influence over the partner organization's decisions.
3. NPS employees who are board members or officers in partner organizations must recuse (disqualify) themselves from any involvement as a Federal employee in particular matters in which that partner organization has a financial interest.
   When an employee is serving as a officer in a private organization, 18 U.S.C. 208, prohibits that employee from working on particular matters in which the private organization has a financial interest. Under this law, the term organization includes: academic, non-profit, tax exempt, as well as profit making organizations. The term officer is defined as: President, Vice-President, Secretary, Treasurer, Trustee, Director, Ex-Officio officers or directors and any other position with a fiduciary duty to the organization.
4. Authorize official time for employees to work on the joint effort for which the partnership was established.
   Provisions in 18 U.S.C. 205, prohibit Federal employees from representing anyone other than the United States before a Federal agency or court in connection with a particular matter in which the United States is a party or has a direct and substantial interest. Representing can mean any type of contact, even a telephone call, if the contact is made with intent to influence the agency or court on a particular matter.
5. Create mutually beneficial partnerships with others whose missions may vary from the NPS, provided they are not in conflict with NPS land and service ethics or civil rights policies.
   Sec. 307 (a) [43 U.S.C. 1737] Federal Land Policy and Management Act (FLPMA) states "The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands." Sec. 307 (b) [43 U.S.C. 1737] FLPMA states "Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands."
6. Talk to representatives of organizations about sharing resources, including funding, where NPS is likely to consummate an appropriate cost-sharing agreement.
   Sec. 307 (c) [ 43 U.S.C. 1737 (c)] FLPMA states "Authorizes the Secretary to accept contributions or donations of money, services, and property for the management, protection, development, acquisition, and conveying of public lands."
7. Allow employees to assist a community partner in writing a grant proposal to a government bureau, as long as that employee is not part of the grant review or decision process.
   When official time is granted to NPS employees for service in a private sector organization, the primary beneficiary must be the programs and operations of NPS.