DIRECTOR'S ORDER #44: PERSONAL PROPERTY MANAGEMENT

Approved:  /s/ Mary A. Bomar

                       Director

Effective Date:  February 8, 2008

Sunset Date:  This order will remain in effect until amended or rescinded

Contents

1.     Objectives
2.     Authorities
3.     Instructions/Requirements/Policies
3.1   Accountability Structure
3.2   Property Management Responsibilities and Designations
3.3   Employee Accountability
3.4   Property Accountability System
3.5   Sensitive Property
3.6   Purchase of Personal Property with the Government-wide Purchase Card
3.7   Accountability for Personal Property
3.8   Restriction on Use of Government-owned Property
3.9   Transfer of Accountability for Personal Property
3.10 Annual Inventories of Personal Property
3.11 Purchase of NPS-owned Firearms
3.12 Centralized Disposition Center for the Destruction of NPS Firearms
3.13 Motor Vehicle Acquisition and Utilization
3.14 Official Use of Government Owned or Leased Motor Vehicles
3.15 Transportation of Non-official Passengers
3.16 Home-to-Work Transportation
______________________________________________________________________
This Director's Order #44 supersedes the previous edition approved February 14, 2003. It must be used in conjunction with Personal Property Management Handbook No. 44 and Personal Property Management Technical and Information Notices, which can be accessed through the NPS Policy website (www.nps.gov/policy) or the Property Management website (http://165.83.197.45/new_PM_website/counter/index.cfm).

1. Objectives

The objectives of this Director's Order are to:

(1) Set forth the National Park Service's policy and required procedures for managing an effective property management program within the NPS;

(2) Establish a system of internal instructions and provide guidance which ensures that managers and other personnel performing property management functions have a clear understanding of the General Services Administration (GSA), Office of Management and Budget (OMB) and Departmental policies and procedures;

(3) Ensure internal control measures are in place to protect Government assets and to prevent fraud, waste and abuse of personal property; and

(4) Designate and prescribe specific responsibilities for the NPS Property Management Officer, Senior Fleet Manager, and NPS Property Administrators.

This Director's Order is intended only to improve the internal management of the NPS, and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

2. Authorities

Authority to issue this order. Authority to issue this Director's Order is found in 16 U.S.C. 1 through 4 (the National Park Service Organic Act) and in Part 245 of the Department of the Interior Manual.

Authorities governing personal property management. Most property management policies, procedures and requirements are imposed on NPS employees by higher authorities such as GSA, OMB and the Department. This Director's Order contains only those that are most frequently at issue, or that are within the Director's discretionary authority to issue. For a more comprehensive compilation of instructions and requirements, employees must refer to the Personal Property Management Handbook No. 44.

Statutory laws and administrative laws form the legal framework of authorities that govern the conduct of personal property management in the NPS. Statutory laws are passed and amended by Congress and signed by the President. Administrative laws are adopted by Federal agencies and published in the Code of Federal Regulations to implement the statutory laws.

There are two principal statutory laws that have special applicability. The first is the Federal Property and Administrative Services Act of 1949 (40 USC 101 et seq.; June 30, 1949, ch. 288, 63 Stat. 377), which assigned responsibility to the General Services Administration (GSA) to establish regulations guiding and governing civilian executive agencies of the Federal Government in all matters pertaining to property management. The second is Public Law 84-863 (31 USC 3512(b); August 1, 1956, ch. 814, 70 Stat. 782), which requires that financial accounting as well as physical accounting be incorporated in property management. These laws establish the main body of statutory requirements relevant to the management of Government personal property.

In turn, GSA has issued the Federal Management Regulation (FMR) (successor to the Federal Property Management Regulation), published at chapter 102 of title 41 of the Code of Federal Regulations (41 CFR) to implement these statutes. It is available online at http://www.gsa.gov/federalmanagementregulation. Subchapter B of chapter 102 (sections 102-31 through 102-42) deals with the topic of personal property management. In addition, the Department of the Interior may issue Interior Property Management Directives (IPMD), as needed, either to (1) supplement the FMR, or (2) put in place DOI-only procedures consistent with the FMR (as for example, Subpart 114-60, Personal Property Management Program, available online at http://www.doi.gov/pam/114-60.html.

3. Instructions/Requirements/Policies

The NPS Property Management Officer will develop, issue and periodically update a Handbook No. 44 to provide detailed instructions regarding the implementation of existing GSA, OMB, Departmental and NPS policies and procedures governing personal property management. Handbook No. 44 will be used in conjunction with this Director's Order, and NPS employees will comply with all policies and required procedures contained therein.

    3.1 Accountability Structure
The NPS will establish the proper accountability structure at the headquarters office and at each regional/center office and/or park/unit to facilitate control and accountability of personal property, in accordance with Section 1 of the Personal Property Management Handbook No. 44 and Department of the Interior Property Management Directives. Personnel responsible for property management functions will be held accountable and financially liable for any missing, lost, stolen or damaged property if such loss was the result of simple or gross negligence or neglect, or was the result of failure to install such management controls as necessary and as required to ensure the safeguarding and maintenance of Government property under their control.

    3.2 Property Management Responsibilities and Designations

         3.2a Property Management Officer: The Property Management Program Manager is designated as the Property Management Officer and the Service-wide Senior Fleet Manager for the National Park Service. Under the purview of the Office of the Assistant Director, Comptroller, the Program Manager is the management official with the day-to-day responsibility for oversight and administration of the overall Property Management Program, which includes property and fleet management.
As the designated Property Management Officer, he or she is responsible for:

(1) Serving as the management official with the day-to-day responsibility for the overall property management program within the NPS;

(2) Overall administration, coordination, and control of the NPS Property Management Program;

(3) Serving as the Director's representative in the implementation of Departmental policy and procedures concerning property management; and

(4) The issuance of any Servicewide instructions required for implementation of Departmental policy and procedures concerning property management.

As the Service-wide Senior Fleet Manager, he or she is responsible for:

(1) Establishing and implementing fleet management policies and procedures, accountability, management and control of all NPS owned, GSA and commercially leased vehicles;

(2) Developing and implementing a fleet management strategic plan to improve critical mission support and achieve goals of reducing total vehicle expenditures within the NPS;

(3) Ensuring that vehicle use is shared within the NPS and across parks/offices to improve utilization and increase efficiency;

(4) Controlling the number of vehicles in the fleet by acquiring the minimum number and size of vehicles needed to accomplish the specific mission;

(5) Coordinating with regional/center fleet managers to ensure that fleet information is disseminated throughout the Service and that all fleet management reporting requirements are met;

(6) Advising regions/centers and parks/units on issues or policy changes that could impact the fleet management program;

(7) Fleet reporting, leading an investment board review of the annual fleet plan and ensuring that Federal Automotive Statistical Tool System (FAST) reporting is consistent with the plan and the budget;

(8) Ensuring that annual on-site reviews of regional/center and park/unit fleet management programs are conducted and are in compliance with pertinent policies and procedures; and

(9) Managing the Fleet Charge Card Program to include providing guidance/advice to regions/centers and parks/units; performing maintenance of fleet accounts in Bank of America's EAGLS system; and ensuring that record retention is in accordance with the Department of the Interior Charge Card Guide.

         3.2b Property Administrator: Each Regional Director/Center Manager is designated as the Property Administrator of his or her region or center. The Assistant Director for Business Services is designated as the Property Administrator at the headquarters level. Responsibilities for these and other officials may be found in Section 1 of Personal Property Management Handbook No. 44.
Property Administrators are responsible for:

(1) Overall administration, coordination and control of the property management program, ensuring that required property accountability records are maintained and that required reports are submitted for a given organizational and/or geographical area;

(2) Implementing property management policy and procedures, and providing guidance to subordinate or serviced organizational elements within their area of control, as provided by the Property Management Officer;

(3) Ensuring that all actions are taken to ensure the integrity of the property management program, and that Government property is managed to provide optimum protection against fraud, waste, and abuse;

(4) Providing oversight of the property management program and disseminating information to subordinate or serviced organizational components as provided by the Property Management Officer;

(5) Ensuring that required physical inventories are conducted within their jurisdiction and that discrepancies are appropriately reconciled; and

(6) Designating, in writing, Property Managers and Accountable Officers at the regional/center locations and Accountable Officers at park locations.

Other accountability structure designations (i.e., Accountable and Custodial Property Officers, and Park Property Managers) are to be designated and assigned overall property management responsibility as outlined in Section 1, Personal Property Management Handbook No. 44.

Each Regional Director or Center Manager must also designate a Regional/Center Senior Fleet Manager with assigned responsibilities for:

(1) Regional or center investment review;

(2) Providing program oversight for the region/center Fleet Management Program;

(3) Establishing and coordinating an equipment share program and rotating vehicles where practical and economical to equalize usage;

(4) Ensuring utilization goals are met within the vehicle life-cycle expectancy for the most efficient operation;

(5) Coordinating a regional/center equipment replacement/life-cycle review and priority setting and assisting parks in developing replacement specifications and ordering appropriate vehicles, based upon mission requirements;

(6) Advising parks on issues or policy changes that could impact their fleet program;

(7) Reviewing and ensuring that the park fleet data is input into the software system and regularly updated;

(8) Ensuring that all employees and volunteers are informed of their responsibility and accountability to operate motor vehicles in a safe and prudent manner and reporting motor vehicles that are in unsafe operating conditions;

(9) Ensuring that parks report daily use and vehicle maintenance and comply with applicable motor vehicle regulations of Federal, state, and local governments;

(10) Coordinating with park's/unit's fleet managers to ensure that fleet information is disseminated to the appropriate personnel and that all fleet management reporting requirements are met;

(11) Developing, and ensuring that parks/units implement, the established fleet management strategic plan to improve critical mission support and achieve goals of reducing total vehicle expenditures within the NPS;

(12) Ensuring that vehicles are shared within parks/units to improve utilization and increase efficiency;

(13) Controlling the fleet by acquiring the minimum number and size of vehicles needed to accomplish the specific mission;

(14) Conducting annual on-site reviews of park/unit fleet management programs to ensure compliance with pertinent policies and procedures; and

(15) Reviewing fleet charge card statements, distributing fleet charge cards, performing maintenance of fleet accounts in Bank of America's EAGLS system, reconciling the statement of account and ensuring compliance with record retention of fleet management information in accordance with the Department of the Interior Charge Card Guide.

    3.3 Employee Accountability

To ensure compliance with mandatory elements of this Director's Order, property management duties and responsibilities will be reflected in the position description and/or as a critical result in the Department of the Interior Employee Performance Appraisal Plan for all employees responsible for and/or performing primary property management functions.

    3.4 Property Accountability System

All system-controlled property will be controlled in a formal property accountability system approved by the Director, Office of Acquisition and Property Management, in accordance with Departmental Manual 410 DM 114-60.200. The only approved property accountability system for the NPS is the Federal Financial System/Fixed Assets Subsystem (FAS) or its successor. For a more comprehensive compilation of instructions and requirements, employees must refer to the Personal Property Management Handbook #44.

    3.5 Sensitive Property

The NPS sensitive property list is as follows, and these items will be maintained in the Fixed Assets Subsystem or its successor, regardless of the costs or value of the items:

(1) firearms (including taser guns)

(2) monitors

(3) laptop and personal computers (including handheld computers)

(4) printers

(5) motor vehicles

(6) motor scooters

(7) boats

(8) cameras, camcorders and projectors (not including disposable cameras)

(9) MP3 Players

Managers and supervisors are responsible for, and will be held accountable for, establishing controls over the acquisition, storage, issue, use, and return of sensitive property. If there are other property items that managers and supervisors characterize as sensitive in nature, but are not listed above, a list of those items must be maintained in accordance with Section 2 of Handbook No. 44. Those locally-designated sensitive items can be entered into the NPS Web-based Informal Inventory Database and should not be entered into the Fixed Assets Subsystem, unless they meet the $5,000.00 personal property accountability threshold.

    3.6 Purchase of Personal Property with the Government-wide Purchase Card

The Government-wide purchase card may be used to acquire personal property items in accordance with Section 5 of Handbook No. 44, the Federal Acquisition Regulation, Departmental Directives, and within the limits of the purchase card single purchase threshold. Sensitive property (with the exception of firearms) may be purchased only by a Warranted Contracting Officer. Firearms may not be purchased by anyone using the purchase card.

    3.7 Accountability for Personal Property

Managers at all levels will be held accountable for all property under their control. They must ensure that all employees are aware of their responsibilities and are held accountable for the proper use and care of Government-owned or leased property in their possession.

    3.8 Restriction on Use of Government-owned Property

In accordance with Departmental Manual 410 DM 114-60.207, no manager or employee of the NPS may use or authorize the use of Government-owned property for other than official purposes (also see 18 U.S.C. 641). However, in accordance with the Departmental Manual 410 DM 2, "Limited Personal Use of Government Personal Property," dated November 5, 2002, limited personal use of Government office equipment is allowable as long as the use occurs on non-duty time, does not interfere with official business, is not a commercial gain activity or otherwise prohibited, and the expense to the Government is negligible. Managers and supervisors may place additional restrictions on employee use of Government office equipment and library collections for personal purposes in instances of abuse or in order to meet management needs and mission objectives. The above referenced 410 DM 2 does not replace the memorandum signed by John Berry, Assistant Secretary for Policy Management and Budget, dated June 14, 2000, subject: "Policies on Limited Use of Government Equipment and Telephone Use."

3.9 Transfer of Accountability for Personal Property

When an Accountable, Custodial, or Liaison Officer is to be relieved of accountability, the outgoing Officer is responsible for conducting a 100 percent physical inventory and ensuring that property records are reconciled. Detailed instructions may be found in Section 2 of Handbook No. 44 and the Departmental Manual 410 DM 114-60.203.

3.10 Annual Inventories of Personal Property

Prior to September 30th of each fiscal year, parks/units must conduct a 100 percent physical inventory and reconcile the property records with the general ledger account for all personal property formally accounted for in the Fixed Assets Subsystem. Firearms must be inventoried twice a year. Informal/bureau managed property that is not accounted for in the Fixed Assets Subsystem must be inventoried at least once every three years. Detailed instructions may be found in Section 3 of Handbook No. 44.

3.11 Purchase of NPS-owned Firearms

All firearms purchased by the parks for use by park personnel will be shipped directly from the manufacturer to the park. The park is responsible for the security, accountability, inspection, and test firing of these weapons by a certified NPS armorer before they are issued and signed over to park staff. The Federal Law Enforcement Training Center is responsible only for the weapons purchased by the Center.

3.12 Centralized Disposition Center for Destruction of NPS Firearms

All firearms that are determined to be excess to National Park Service needs will be sent, at sender's cost, to the Firearms Disposition Center (FDC) at Springfield Armory (SPAR) National Historic Site. At the FDC, each firearm will be evaluated for possible inclusion into the SPAR museum collection. Those not accessioned will be transferred to another Federal agency or destroyed. Shipping, documentation, and procedures for the transfer or destruction of firearms will be in accordance with Section 9, Personal Property Handbook No. 44.

3.13 Motor Vehicle Acquisition and Utilization

Each region/center, park or office will acquire, operate, and maintain only the minimum number and type of vehicles necessary to meet its mission and motor vehicle transportation requirements. Public transportation will be used whenever and wherever possible. This policy will help us comply with Executive Order 13424 "Strengthening Federal Environmental, Energy, and Transportation Management" and the Departmental and NPS Fleet Management Strategic Plans. The Office of Property and Space Management may grant authority to commercially lease vehicles if the GSA Fleet Management Center cannot provide the vehicle(s).

3.14 Official Use of Government Owned or Leased Motor Vehicles

All regions/centers, offices and parks/units shall ensure compliance with Departmental and GSA policies and regulations and ensure that all employees are made aware of the policy that Government vehicles are to be used only for the purpose for which they were obtained or for other officially designated purposes. The only exceptions are bona fide emergency conditions which threaten loss of life or property. Employees using Government vehicles for unofficial purposes are subject to a mandatory 30-day suspension.

Employees of grantees, contractors, and subcontractors are authorized to use Government motor vehicles (including vehicles provided by the Fleet Management Centers). They may use such vehicles solely in the performance of the work authorized under such Government grants, contracts, and subcontracts, and provided that:

(1) Grantees, contractors, and subcontractors have established and will enforce suitable penalties for their employees who willfully use or authorize the use of Government motor vehicles for other than official purposes; and

(2) Appropriate provision is made for the assumption by the grantee, contractor, or subcontractor of any cost or expense incident to any use not related to the performance of the grant, contract, or subcontract, and such assumption of cost or expense will be without the right of reimbursement from the Government.

3.15 Transportation of Non-official Passengers

An employee may transport persons who are not employed by the DOI only under the following conditions:

(1) To transport employees of other Federal agencies and non-federal persons conducting official business when it benefits the Government and does not interfere with accomplishing the employee's primary business.

(2) To transport persons in emergency or disaster situations while assisting persons with injuries or in pain, and preventing death or serious damage to persons or property.

An employee may transport non-official passengers when:

(1) It is necessary to prevent a physical threat or hardship, or loss of life or property;

(2) Space is available in the vehicle and not needed in connection with the accomplishment of official business;

(3) The transportation is without expense to the Government;

(4) The transportation will not result in the delay of Government business or the taking of circuitous routes;

(5) The transportation will not involve private profit-seeking activities or commercial dealings; and

(6) Transportation of non-official passengers (e.g., news media) is determined to be in the interest of the National Park Service, and the individual involved agrees in writing to hold the United States harmless in the incidence of injury or harm. Employees who wish to transport non-official passengers must obtain prior permission from their supervisor, who may prescribe additional conditions or procedures to prevent the abuse or misuse of Government-owned or leased vehicles.

Picking up hitchhikers and giving rides to strangers are both prohibited.

    3.16 Home-to-Work Transportation

Approval must be received from the Secretary of the Interior prior to the use of Government passenger carriers for home-to-work transportation. Employees authorized home-to-work transportation may elect to share space in a Government passenger carrier with other Federal employees on a space available basis. However, the passenger carrier cannot travel additional distances as a result, and the passenger must also have home-to-work transportation approval.

Home-to-work transportation does not extend to the employee's spouse, other relatives or friends unless they travel with the employee from the same point of departure to the same destination. Detailed instructions for requesting Home-to-Work Transportation Authorization may be found in Section 11 of Personal Property Management Handbook No. 44. GSA guidance is located in the Federal Management Regulation, Subchapter A, Part 102-5. Guidance should be sought from regional/WASO Law Enforcement Officials when transporting non-official passengers or sharing space with other persons in law enforcement vehicles.

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