Service Manual Chapter 212 FW 8, "Donations, Fundraising, and Solicitations"

FISH AND WILDLIFE SERVICE
GENERAL ADMINISTRATION
General Administration

Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

8.1 What is the purpose of this chapter? This chapter:
A. Is an extension of the Department of the Interior’s donations policy (374 DM 6);
B. Establishes U.S. Fish and Wildlife Service (Service) policy for accepting, using, and recognizing
donations;
C. Establishes procedures for reviewing and evaluating potential donors and donations;
D. Provides guidance on soliciting donations, where appropriate; and
E. Provides general guidance on fundraising by non-Federal entities on our behalf.
8.2 What are the objectives of this chapter? The objectives of this chapter are to:
A. Identify the Director’s delegations of authority for accepting donations;
B. Establish roles and responsibilities for our Donations Senior Manager and employees authorized to
accept donations;
C. Establish consistent procedures for evaluating potential donations to determine if acceptance is
appropriate; and
D. Provide guidance on solicitation of funds and on fundraising by non-Federal entities on our behalf,
including the content of fundraising agreements.
8.3 What is our donations, fundraising, and solicitation policy?
A. Our policy is to:
(1) Accept, use, and recognize donations in a manner that promotes and enhances our mission,
consistent with applicable laws and the Department’s donations policy (374 DM 6);
(2) Retain the discretion to decline any particular 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 8.15).
B. Before accepting, using, or recognizing donations, an employee authorized to accept donations must
determine if the circumstances of the donation maintain:
(1) The integrity of the Department’s and our 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.

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ETHICS

FISH AND WILDLIFE SERVICE
GENERAL ADMINISTRATION
General Administration
Chapter 8 Donations, Fundraising, and Solicitation

Part 212 Ethics
212 FW 8

8.4 What is the scope of this chapter?
A. This chapter covers donations that we have explicit statutory authority to accept. Our primary
legislative authorities are listed in section 8.5.
B. This chapter does not apply to:
(1) Many services provided by individual volunteers or volunteer groups (e.g., National Wildlife Refuge
System Friends organizations) as defined by our volunteer acceptance authorities. Most activities of
Friends organizations and volunteers are governed by existing legislation (see section 8.5A6), Service
policy (150 FW 1-3 and 633 FW 1-4), and partnership agreements, e.g., cooperating association
agreements, Friends Partnership Agreements, Volunteer Services Agreements, etc., that clearly define
agreed-upon Friends organization and volunteer activities. In addition, sections 8.18 – 8.23 of this
policy specifically mention Friends organizations;
(2) 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;
(3) Money we receive as fees for services;
(4) Reports or analyses prepared that are legally required, e.g., a National Environmental Policy Act
analysis funded by an applicant, or funds we receive to prepare such documents;
(5) Donations of expenses related to official travel covered by 31 U.S.C. 1353 for attending a meeting
or similar function (see 43 CFR Part 20.302 and 212 FW 3);
(6) 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;
(7) Gifts to individual employees who are separately governed by the Standards of Ethical Conduct for
Employees of the Executive Branch at 5 CFR Part 2635 (see 212 FW 1); and
(8) Funds received through agreements where there is an independent statutory authority (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).
8.5 What are the statutory authorities for this chapter?
A. The types of permissible donations depend on the specific provisions of the authorizing statute(s),
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 or National Fish Hatchery System may also have specific legislative authorities
to accept donations.
(1) Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
(2) Fish and Wildlife Act of 1956 (16 U.S.C. 742f.).
(3) Partnerships for Wildlife Act (16 U.S.C. 3741).
(4) Alaska National Interest Lands Conservation Act (16 U.S.C. 3101).

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FISH AND WILDLIFE SERVICE
GENERAL ADMINISTRATION
General Administration

Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

(5) Migratory Bird Conservation Act, as amended (16 U.S.C. 715-715r).
(6) National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998,
as amended (P.L. 105-242).
(7) Great Lakes Fisheries Act of 1956 (16 U.S.C 932).
(8) National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(b)(2)).
B. The Partnership Legal Primer, available on the Department’s Web site, lists statutes that authorize
the acceptance of donations. We may consult the Primer and the Office of the Solicitor to determine
whether we have authority to accept a particular proposed donation.
8.6 What terms do you need to know to understand this chapter?
A. Authorized Employee. An Authorized Employee is an employee who may accept a particular
donation as listed in Table 8-1 (see section 8.7) and who is responsible for ensuring that we follow the
Department’s donations policy and this chapter when evaluating donations. Authorized Employees
must have sufficient experience, training, and organizational responsibility to be able to fully consider all
factors and the totality of circumstances when accepting donations.
B. Donation. A donation is a gift 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 in a
contributed funds account or donations receipt account. Whether or not a proposed donation is allowed
depends on the specific provisions of the authorizing statute and other factors (see section 8.10);
statutes 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 Donation with
Conditions, below).
C. Donation with Conditions. A donation with conditions, sometimes called a restrictive donation, is a
donation we can use only for a specific purpose, or a donation of land or interest in land that includes
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.).
D. Donations Senior Manager. Our Donations Senior Manager is the Assistant Director – External
Affairs (AD-EA). See section 8.8B for his/her responsibilities.
E. Fundraising. Fundraising means 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.
F. Grant. A grant is an award (usually monetary) based on an 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. Under certain
circumstances, a grant application may be considered a solicitation.
G. Non-Real Property Donations. Non-real property donations are donations of money, products,
services, or personal property.

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ETHICS

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GENERAL ADMINISTRATION
General Administration

Part 212 Ethics
212 FW 8

Chapter 8 Donations, Fundraising, and Solicitation

H. Phased Donation. A phased donation is a donation that is 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 8.11 and 8.12 of this
chapter. For donations of land or interests in land, for tax benefits 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.
I. Real Property Donations. Real property donations are donations of land or interests in land. The
most common reasons for landowners to donate land are because they want to benefit conservation
programs or receive tax benefits.
J. Solicitation. A solicitation is a request that we make to a non-Federal entity, group, or individual, that
seeks donations to the Department or to us in support of our programs/activities. A solicitation typically
includes a grant application form.
8.7 What employees are authorized to accept donations? Table 8-1 shows who may accept
donations and the dollar thresholds they may accept.
Table 8-1: Employees Authorized to Accept Donations
Authorized Employee

Donation Type

Threshold/Value

Director

Non-Real property

Of any value

Real property

Of any value

Non-Real property

Less than $250,000 annually
per donor

Real property

Of any value

Directorate members in
Headquarters (HQ)

Non-Real property

Less than $250,000 annually
per donor

Assistant Regional
Directors/Division
Chiefs/Refuge
Managers/Project
Leaders

Non-Real property

$50,000 or less annually per
donor. If the RD or HQ
Directorate member has
delegated authority in writing,
up to $250,000 annually per
donor

Regional Realty Chiefs

Real Property

Of any value, if delegated

Regional Directors (RD)

A. Director. The Director may:

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FISH AND WILDLIFE SERVICE
GENERAL ADMINISTRATION
General Administration

Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

(1) Accept donations of non-real property (e.g. personal property, products, services, or money) of any
value (for non-real property donations of $1,000,000 or more, see section 8.8B(5));
(2) Accept donations of real property of any value:
(a) When the Regional or field Solicitor has approved title and acceptance complies with:
(i) 340 FW 1, Real Property Management – Policies, Authorities, and Responsibilities;
(ii) 341 FW 1, Land Acquisition – Policy and Responsibilities;
(iii) 341 FW 2, Land Acquisition Planning; and
(iv) 342 FW 5, Non-Purchase Acquisition; and
(b) When transfer of title complies with 342 FW 4, Title Curative and Conveyancing.
B. Regional Directors. For donations in their respective Regions, Regional Directors may:
(1) Accept donations of non-real property valued at less than $250,000 annually per donor;
(2) Accept donations of real property of any value when they meet the same requirements as the
Director must in section 8.7A(2);
(3) Delegate, in writing, the authority to accept donations of non-real property valued at less than
$250,000 annually per donor to an Assistant Regional Director, Division Chief, Project Leader, or
Refuge Manager. If Regional Directors delegate this authority, they must notify the Donations Senior
Manager in writing, identifying the name(s) and title(s) of delegated Authorized Employees, and the
donation amount that they will have authority to accept;
(4) Delegate, in writing, the authority to accept donations of real property to a Regional Realty Chief. If
Regional Directors delegate this authority, they must notify the HQ Chief, Division of Realty, and the
Donations Senior Manager in writing, identifying the name(s) and title(s) of delegated Authorized
Employees and the donation amount that they may accept.
C. Directorate members in HQ. For donations within their respective programs, Directorate members
in HQ may:
(1) Accept donations of non-real property valued at less than $250,000 annually per donor, and
(2) Delegate the authority to accept donations of non-real property valued at over $50,000 annually per
donor, and less than $250,000 annually per donor, to a Division Chief. If a Directorate member
delegates this authority, he/she must notify the Donations Senior Manager in writing, identifying the
name(s) and title(s) of delegated Authorized Employees and the threshold for the donation amount that
they may accept.
D. Assistant Regional Directors, Division Chiefs, Refuge Managers, and Project Leaders may
accept donations of non-real property valued at $50,000 or less annually per donor. They may accept
donations of non-real property valued at less than $250,000 annually per donor if the Regional Director
or a Directorate member/HQ has delegated authority in writing.

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ETHICS

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GENERAL ADMINISTRATION
General Administration
Chapter 8 Donations, Fundraising, and Solicitation

Part 212 Ethics
212 FW 8

8.8 Who is responsible for implementing our donations policy?
A. The Director is responsible for implementing our donations policy.
B. The Assistant Director – External Affairs (AD–EA) is our Donations Senior Manager responsible
for our donation-related activities. He/she:
(1) Oversees our donation-related activities and provides guidance to ensure effective and appropriate
use of the donations we receive;
(2) Ensures our employees adhere to the Department’s donations policy (374 DM 6) and this chapter;
(3) Obtains a review by the Office of the Solicitor of the scope of the Service’s solicitation authority and
authorizes direct solicitations, in writing, of non-Federal sources where statutorily allowed and
appropriate (see section 8.15);
(4) Reviews and makes recommendations to the Director about accepting donations of non-real
property valued at $250,000 or more, annually per donor, and for all donations of non-real property of
any dollar amount that contain conditions that may have significant implications for our budget or
programs;
(5) Coordinates with other bureaus to obtain review of proposed donations to the Service of non-real
property valued at $1,000,000 or more;
(6) Is the Service contact for reviewing other bureaus’ proposed donations of non-real property valued
at $1,000,000 or more;
(7) With concurrence from the Assistant Director – Business Management and Operations, develops
standard procedures to document and track non-real property donation activities (e.g., personal
property, products, services, or money), (see section 8.25D); and
(8) May use AEA staff or other staff with specific subject matter expertise, as appropriate, to assist with
the implementation of this section.
C. The Assistant Director – Business Management and Operations (AD–BMO) documents and
tracks non-real property donations (see section 8.25D).
D. The Chief – National Wildlife Refuge System (Chief–NWRS) documents and tracks the receipt
and disposition of all real property donations.
E. Authorized Employees (see section 8.7 and Table 8-1) must comply with the Department’s
donations policy and this chapter whenever a donation is offered. Authorized Employees must:
(1) Gather sufficient information about a prospective donor or proposed donation to evaluate the
donation;
(2) Evaluate all the circumstances, including the value and purposes of the donation, and the nature
and interests of the donor, to determine whether to accept the donation;
(3) Determine if a proposed non-real property donation of any value contains conditions that may have
significant implications for our budget or programs and, if so, refer the donation to our Donations Senior
Manager for consideration and approval before accepting the donation;

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GENERAL ADMINISTRATION
General Administration

Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

(4) Ask our Donations Senior Manager, ethics personnel, the Office of the Assistant Secretary for
Policy, Management and Budget (AS–PMB), or the Office of the Solicitor for guidance in resolving
issues if the circumstances are unclear or questionable; and
(5) Consider additional concerns raised by a donation:
(a) Made to an outside non-profit entity or partner when the non-Federal entity subsequently
makes a related donation to us;
(b) That may be reasonably expected to result in involvement with marketing or advertising;
(c) That has conditions;
(d) In which the donor is involved in a lawsuit or other controversy with the Department or with
us; or
(e) In which the Department or the Service regulates the donor.
8.9 What qualifications and training must Authorized Employees have to accept donations?
Authorized Employees must have sufficient experience, training, and organizational responsibility to be
able to fully consider all factors and circumstances when accepting donations. At a minimum,
Authorized Employees must be familiar with the Department’s donations policy and this chapter and
have completed Departmental ethics training. Online training is available, such as, Course 2611
Department of the Interior Donations Policy Overview.
8.10 What are the basic factors Authorized Employees should consider when evaluating a
proposed donation of any type or value? This section describes the factors Authorized Employees
should 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. The Authorized Employees must act in a legally and ethically
appropriate manner and document the basic factors that they considered.
A. Would the donation maintain the integrity of the Department’s and Service’s programs and
operations?
(1) Is the donation, or does it appear to be (such as by its size or circumstances), an attempt to
influence regulatory or other Departmental or Service authority?
(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 and an individual program or unit?
(4) Is the donation consistent with, and does it not otherwise circumvent, 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 any
relevant Service policy or planning documents?

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Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

(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?
B. 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 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 an 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?
C. 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 involve any inappropriate goods or services?
8.11 What basic procedures must Authorized Employees follow when evaluating a proposed
donation? For direct donations (not indirect, such as cash in donation boxes or nominal cash
donations proffered at Visitor Centers, etc.), an Authorized Employee must:
A. Evaluate a prospective donor every fiscal year that the donor offers a donation (unless his/her 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, the Authorized Employee should re-evaluate the
prospective donor.
B. If the donation is worth $25,000 or more, ask the proposed donor to fill out DI 3680, Donor
Certification Form.
(1) For cash donations of $25,000 or more, the Authorized Employee must prepare an approval
memorandum to the Regional Financial Officer or the AD-BMO (in HQ), documenting the evaluation.
(2) A copy of this memorandum will later go to the lockbox with other documentation (see section
8.14A).
C. Determine what additional information (if any) is necessary to evaluate the circumstances of the
proposed donation. This information includes the basic acceptance considerations described in section
8.10 and may include, but is not limited to, the value and any conditions of the proposed donation.

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GENERAL ADMINISTRATION
General Administration

Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

(1) For all proposed donations with conditions, the Authorized Employee must determine whether:
(a) The donation with conditions is valued at $300 or more (we may accept donations valued at
$300 or more for restricted or general purposes, and 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 (374 DM 6); this
chapter; and our mission, goals, and objectives.
(2) For proposed donations of land or interests in land, the Authorized Employee must give special
consideration to donor’s conditions (if any - see section 8.6C) 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
(374 DM 6), this chapter, and our mission.
D. If the Authorized Employee has any reason to believe that the donor is or was the subject of an
Office of Inspector General (OIG) investigation, he/she must refer the proposed donation to the OIG or
appropriate investigating office to obtain information about the investigation.
E. After completing the review and evaluation of the proposed donation, the Authorized Employee must
store information that led to his/her decision in the land acquisition project option file (see Privacy Act
Issuances [2005], Interior/FWS 11, Real Property Records), with access limited to him/her or his/her
program office. The information should not be stored electronically unless Internet security measures
are in place.
F. After accepting a donation, the Authorized Employee may send a letter of appreciation or recognize
the donor in another appropriate manner (see section 8.24 and Exhibit 1).
8.12 What additional procedures must Authorized Employees follow when evaluating a
proposed donation valued at $25,000 or more?
A. For Real Property Donations valued at $25,000 or more. In addition to the basic procedures in
section 8.11, Authorized Employees must:
(1) As required, ask the prospective donor to fill out the donor information form DI 3680, Donor
Certification Form. 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 document the findings;
(2) Review the gathered information and evaluate the circumstances surrounding the proposed
donation;
(3) If employees have concerns, send the information in the title package to the Regional or field Office
of the Solicitor and request an evaluation;

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GENERAL ADMINISTRATION
General Administration

Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

(4) Decide whether to accept or decline the proposed donation. Acceptance of the proposed donation
must comply with the policies listed in section 8.7A(2)(a); and
(5) 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) if the donation is subject to a reverter clause. This is a
clause with restriction(s) attached—if the recipient violates the restriction(s), the donation may revert
back to the donor.
B. For Non-Real Property Donations valued at $25,000 or more. In addition to the basic procedures
in section 8.11, Authorized Employees must:
(1) Ask the prospective donor to fill out the donor information form, DI 3680, Donor Certification Form. 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 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. For cash donations of $25,000 or more. The Authorized Employee must prepare an approval
memorandum to the Regional Financial Officer or the AD-BMO (in HQ), documenting the donor
evaluation. A copy of this letter will later go to the lockbox with other documentation (see section 8.14).
D. For Non-Real Property Donations valued at $250,000 or more.
(1) In addition to the requirements in section 8.12B above, the Authorized Employee 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 basic acceptance considerations
described in section 8.10 and required information described in section 8.11C.
(2) The Donations Senior Manager:

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Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

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(a) Must refer the proposed donation to the Washington, D.C., Office of the Solicitor for a
litigation search;
(b) Must refer the proposed donation to the affected Directorate member in HQ and the AD–BMO
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.
E. For Non-Real Property Donations valued at $1,000,000 or more. In addition to the requirements
in section 8.12B and D above, the Authorized Employee, through the Donations Senior Manager, must
also refer the proposed donation to the other Interior bureaus’ Donations Senior Managers so they can
identify any concerns.
8.13 Are there donation situations that do not require Authorized Employees to follow the
procedures in sections 8.11 and 8.12? Yes, once the Authorized Employee has determined that the
proposed donation complies with our basic acceptance considerations (in section 8.10) we do not have
to follow the procedures in sections 8.11 and 8.12 if:
A. The donation is from a Federal, State, or local government;
B. The donation is from an accredited educational institution; or
C. The donation is offered during and in relation to natural disasters and other emergencies.
8.14 How do we 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 to a National Wildlife Refuge go 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 a Collection Transmittal Form
(FWS Form 3-2061).
(2) The Collection Officer sends the following to the Service’s lockbox address. Check the Division of
Financial Management’s Intranet site to validate the most current lockbox address:
(a) The Collection Transmittal Form,
(b) A copy of the Service’s acceptance letter, if appropriate, and
(c) For cash donations of $25,000 or more, a copy of the Authorized Employee’s approval
memorandum (see 8.12C).
(3) The Division of Financial Management deposits and records the donation in the appropriate
subactivity/project account or donation receipt account with Fund Code 300A.
(4) The Chief, Division of Budget, allots and allocates the donated funds after they are deposited.
(5) The receiving organization may obligate and expend the funds after the Chief, Division of Budget,
has allocated them.

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Part 212 Ethics

Chapter 8 Donations, Fundraising, and Solicitation

212 FW 8

B. Monetary donations to a Friends organization go into that Friends organization’s account.
C. Other non-profits or non-governmental 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.
8.15 May we solicit donations?
A. Service employees may not directly solicit donations unless the Donations Senior Manager
specifically authorizes them to do so in writing (see section 8.8B(3)).
(1) Service employees may apply for and accept grants (see section 8.16).
(2) Donation boxes are not considered a direct solicitation. Refuge Managers or Project Leaders may
set out donation boxes (see section 8.23).
B. The Donations Senior Manager may authorize employees to directly solicit third parties only in
limited circumstances:
(1) 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.
(2) 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 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.
(3) 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.
8.16 May we apply for and accept a grant from any person or entity? Only the Authorized
Employees listed in Table 8-1 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, Authorized Employees must evaluate the proposed
grant/grantor in the same manner as a proposed donation/donor.
B. When applying for a grant, Authorized Employees must address the basic acceptance
considerations in sections 8.10 and 8.11C.
C. In general, the Authorized Employee 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. The Authorized Employee must write an approval memorandum and include the specific grant
authority, to the Regional Finance Officer or AD-BMO documenting the evaluation.

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8.17 How do we deposit grant funds and make them available for use?
A. We may deposit grant funds in our contributed funds account or other donation receipt account and
record the deposit within the appropriate subactivity/project code with Fund Code 300A. These funds
will not have any cost recovery implications if they meet certain conditions (see Exhibit 2 for a list of
donation receipt accounts).
(1) The Regional Finance Officer or AD-BMO determines if the grant complies with the authorizing
statutes of the contributed funds account or the specific donation receipt account.
(2) If not, it is considered a reimbursable agreement subject to the applicable indirect cost rate (see 264
FW 2, Reimbursable Agreements and Intergovernmental Agreements – Policies and Procedures).
B. The Collection Officer must prepare a Collection Transmittal Form (FWS Form 3-2061).
C. The Collection Officer sends the following to the Service’s lockbox address. Check the Division of
Financial Management’s Intranet site to validate the most current lockbox address.
(1) The Collection Transmittal Form,
(2) A copy of the Service’s acceptance letter, if appropriate, and
(3) A copy of the Authorized Employee’s approval memorandum.
C. The Division of Financial Management deposits and records the grant funds in the appropriate
subactivity/project account or donation receipt account with Fund Code 300A.
D. The Chief, Division of Budget, allots and allocates the grant funds after they are deposited.
E. The receiving organization may obligate and expend the funds after the Chief, Division of Budget,
has allocated them.
8.18 Do other entities solicit donations or fundraise for our benefit? Yes.
A. Congress occasionally charters non-profit partners or recognizes the role of an existing non-profit
partner through legislation. In 1984, Congress passed the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701), which chartered the National Fish and Wildlife Foundation as a
national, charitable, non-profit corporation to encourage private gifts to the Service that further the
conservation and management of our fish, wildlife, plants, and other natural resources. The National
Fish and Wildlife Foundation 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 the Friends policy (633 FW 1-4). Friends organizations:
(1) Are independent, non-profit organizations formed and managed primarily by private citizen volunteers
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.
They may serve as an umbrella group for other Friends organizations as long as they formalize such
arrangements in a Friends Partnership Agreement.

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(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, and possibly
supplemental agreements, Volunteer Services Agreements) that define the relationship among the
Friends organization, other entity/individual, and the Service. These agreements include agreed-upon
Friends organization activities that they conduct on our behalf including, where applicable, any
solicitation and fundraising activities.
C. Some non-profit conservation groups, such as Ducks Unlimited, The Nature Conservancy, and The
Trust for Public Lands, may solicit donations or fundraise on our behalf.
8.19 What types of fundraising activities are not permitted on Service-managed property?
A. We do not allow any fundraising that is not in direct support of the Service site the agreement (e.g.,
Friends Partnership Agreement, fundraising agreement, etc.) covers.
B. We do not allow any games of chance, including 50-50, Bingo, raffles, and door prizes for a fee, on
Service-managed property because they are gambling activities (see 50 CFR 27.85).
8.20 When do we need a written fundraising agreement? Except in limited circumstances (see
section 8.22), we may not accept donations raised for our benefit without a written fundraising
agreement. The agreement:
A. Should 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 funds for a new trail on a nearby National Wildlife Refuge will
need to be party to a fundraising agreement before sending out solicitation letters.
(2) A non-profit conservation group that comes onto a National Wildlife Refuge to solicit funds for a
project that will benefit that refuge needs to complete a fundraising agreement.
C. May be written for a short-term effort or may broadly cover a long-term relationship encompassing
many fundraising activities.
8.21 What information must be included in a written fundraising agreement?
A. Fundraising agreements may vary in format and substance, but should 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 contain, 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;

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(3) The Authorized Employee’s name, title, and contact information and the name, title, and contact
information for the fundraising non-Federal entity;
(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 all funds the entity raises will be accounted for and how all funds a partner
invests will be secured;
(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 review prospective donors;
(9) Plans for how we will recognize contributions; and
(10) Descriptions of how we will address contingencies, including cost overruns, dissolution of assets, if
necessary, and frequency of reporting.
8.22 When is a written fundraising agreement not required? We do not require a written fundraising
agreement in the following situations:
A. 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. Authorized Employees must account for monetary
donations from local events—including those that Friends organizations organize—in the Service’s
financial system at a level that allows accountability for individual donors. Examples of local events
include:
(1) A wildlife festival,
(2) A silent auction,
(3) A benefit dinner, or
(4) A 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 Servicemanaged property.
B. 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 both a
modification to the Friends Partnership Agreement and in a separate fundraising agreement (see
sections 8.20 and 8.21).

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8.23 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, 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 on-site programs and
projects (“on-site” 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 refuge donation box go into a contributed funds account.
(2) Monetary donations in a Friends organization donation box go into the Friends organization’s
account.
8.24 How do we 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;
(3) Public events; and
(4) Certificates, acknowledgment plaques, and similar items.
B. Authorized Employees may determine the means of appreciation, but they must consider the
appearances associated with the particular donation and whether the cost of the recognition is a proper
expenditure of appropriations. We must not recognize a donation in a way that implies we endorse the
donor’s products, services, or activities (other than the donation itself).
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.
8.25 What donation-related activities must we 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 Government Accountability Office. We must:
A. Document receipt and disposition of all real or personal property, regardless of the method or source
of acquisition, in accordance with:
(1) Interior Property Management Directives (IPMD);
(2) 410 DM 1, Personal Property Management: Scope, Policies, and Responsibilities; and

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(3) 410 Addition to IPMD, Subpart 114-60.5, Receipt of Property and Services.
B. The Chief–NWRS must document and track the receipt and disposition of all real property donations.
C. The Authorized Employee or the respective unit 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 (see 310 FW 1, Exhibit 1), must submit Form DI-102
to report the item to the Regional/HQ Personal Property Manager who records the property donation in
the Department's Financial and Business Management System (refer to 310 FW 1-5, Personal Property
for additional information, guidelines, and requirements).
D. The AD–BMO, 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 AB-BMO 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 project number must be consistent with the
conditions. For example, if the donation is limited to purchasing maintenance supplies, then salaries of
Government employees and contract costs are not permissible charges to the project account. The
Authorized Employee who received the donation must monitor all charges to the account 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.

/sgd/ Stephen Guertin
DEPUTY DIRECTOR
Date: May 1, 2014

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