1580
Page 1 of 8
FOREST SERVICE MANUAL
NORTHERN RESEARCH STATION (NRS)
NEWTOWN SQUARE, PA
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80
Supplement No.: NRS-1500-2007-1
Effective Date: October 4, 2007
Duration: Effective until superseded or removed.
Approved: MICHAEL T. RAINS
Station Director
Date Approved: 10/04/2007
Posting Instructions: Supplements are numbered consecutively by Title and calendar year.
Post by document name. Remove entire document and replace with this supplement. Retain this
transmittal as the first page of this document. The last supplement to this Title was
NCRS-1500-2004-01.
New Document(s):
1580.31
8 Pages
Superseded Document(s):
1580.31
8 Pages
(Last supplement was NCRS-15002004-1 dated 05/01/2004.)
Digest:
1580.31
Updates template to reflect change in organization to Northern Research
Station. Form NC-7100-5 becomes a worksheet and is no longer
required to be a form due to the advice of Grants and Agreements
Specialist. Includes minor editorial changes. Changes formatting and
numbering.
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 2 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
1580.31 – Conflicting Policies and Deviations
Cooperator’s Use of Government Owned Vehicles.
The Forest Service (FS) and the individual(s) who oversee the cooperative agreement are liable
for the actions of the Cooperator, including vehicle accidents. Cooperators are not covered by
the Tort Claims Act and must carry their own insurance. This includes the repair or replacement
of a damaged Forest Service owned, leased, or rented vehicle, as well as non-Forest Service
vehicles involved in the accident.
Based on these liability issues, a Cooperator’s use of Government vehicles shall be discouraged
whenever possible. However, when a Cooperator’s use of a Government vehicle is deemed
essential to the accomplish of the agreement objectives, the Forest Service requires assurance
that all drivers are fully qualified to operate Forest Service vehicles in a safe and effective
manner in order to minimize the risk level to the agency. Cooperator personnel shall not be
granted Forest Service “volunteer” status for the purpose of driving or riding in a Government
vehicle. Cooperator personnel who are not U.S. citizens are not authorized to drive a
Government vehicle.
Based on Forest Service Manual (FSM) 6412.11, a Cooperator may operate a Government
owned, leased or rented vehicle when all of the following conditions exist:
1. The Forest Service and the Cooperator have executed a statutorily authorized written
agreement in which the use of a Government owned, leased or rented vehicle is specified as part
of the Forest Service contribution.
2. The Government owned, leased or rented vehicle must be used for official Forest
Service use only and in accordance with the terms of the agreement.
3. Only properly licensed and qualified drivers may operate the vehicles. A driver
must possess a valid State driver’s license for the vehicle they are operating.
4. Drivers must have completed a National Safety Council approved defensive driving
course within the last 3 years.
5. Drivers must have received and read a copy of the Driver Operating Guide, EM-7130.
6. The Cooperator provides proof of and maintains comprehensive liability insurance.
The Cooperator will carry policies of not less than $250,000 per occurrence for both bodily
injury and property damage. Cooperators who maintain self-insurance must provide affirmative
written documentation of their self-insurance.
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 3 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
Although liability insurance lessens the risk to the Forest Service, it does not eliminate it. The
signatory line officer must decide if the level of risk to the officer’s unit is an acceptable one and
proceeds accordingly. For example, if the anticipated activity may be a higher risk, for example
a Cooperator transporting large numbers of people in a van or bus, then a higher level of liability
insurance may be prudent.
7. Drivers must comply with Executive Order 13043 detailing appropriate seat belt use
(Exhibit 1).
Based on the direction from the Forest Service National Fleet Manager, Cooperators must
comply with the following additional policy:
a. Any person that is not a Forest Service employee, such as a Cooperator, must follow
all Forest Service driver related policy that a FS employee is required to follow.
b. The driver must be authorized by Forest Service personnel having authority to
approve the use of such vehicles, and have in their possession a FS-issued identification card or
document indicating the type of vehicles or equipment the holder is authorized and qualified to
operate.
c. It is the objective of the Forest Service to assure that all drivers are fully qualified to
operate Forest Service owned, leased, or rented vehicles in a safe and effective manner. The
Project Leader is responsible for ensuring compliance with the policy and documenting evidence
of Cooperator compliance of all requirements on the “Cooperator Use of Government Vehicle
Worksheet” (Exhibit 2). For Cooperator personnel that will ride only as a passenger in a
Government vehicle, document the action on the authorization form, but note, “ride only” and
skip the requirements section of the form. Prior to Cooperator use/riding in a Government
vehicle, the Cooperator will send the original completed worksheet to Acquisition Management
for the official agreement file and retain a copy for the unit file.
The process of issuing the worksheet provides a procedure to identify Cooperators who are
authorized to operate Government owned, leased or rented vehicles. This includes verifying that
the operator is licensed by the state. This procedure provides control of access to vehicles and
provides orientation and training that covers:
1.
2.
3.
4.
5.
6.
7.
Driving safety, including seat belt use and defensive driving training
Official use of Government vehicles and vehicle credit cards (which is critical)
Preventive maintenance policies, scheduling maintenance, and emergency repairs
All wheel drive (4x4) vehicle operation
Driving on mountain roads and under unique conditions
Use of anti-lock break systems
Recording and reporting of mileage (USE)
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 4 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
8. Limits on hours of service as follows:
a. Drive only if they have had at least 10 consecutive hours off duty before
beginning a shift.
b. Drive no more than 11 hours per shift.
c. Do not drive after they have been on duty 14 hours.
d. No more than 2 hours without a rest stop. Operators of vehicles carrying 10 or
more passengers shall stop for 10 minutes every hour.
e. Other information that is not common knowledge.
d. All funds used to pay for the vehicles used by a Cooperator must be legal to
spend on the work performed by the Cooperator.
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 5 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release April 16, 1997
EXECUTIVE ORDER 13043
INCREASING SEAT BELT USE IN THE UNITED STATES
By the authority vested in me as President by the Constitution and the laws of the United States
of America, including the Highway Safety Act of 1966, 23 U.S.C. 402 and 403, as amended,
section 7902(c) of title 5, United States Code, and section 19 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. 668, as amended, and in order to require that Federal employees
use seat belts while on official business; to require that motor vehicle occupants use seat belts in
national park areas and on Department of Defense ("Defense") installations; to encourage Tribal
Governments to adopt and enforce seat belt policies and programs for occupants of motor
vehicles traveling on highways in Indian Country; and to encourage Federal contractors,
subcontractors, and grantees to adopt and enforce on-the-job seat belt use policies and programs,
it is hereby ordered as follows:
Section 1. Policies. (a) Seat Belt Use by Federal Employees. Each Federal employee occupying
any seating position of a motor vehicle on official business, whose seat is equipped with a seat
belt, shall have the seat belt properly fastened at all times when the vehicle is in motion.
(b) Seat Belt Use in National Parks and on Defense Installations. Each operator and passenger
occupying any seating position of a motor vehicle in a national park area or on a Defense
installation, whose seat is equipped with a seat belt or child restraint system, shall have the seat
belt or child restraint system properly fastened, as required by law, at all times when the vehicle
is in motion.
(c) Seat Belt Use by Government Contractors, Subcontractors and Grantees. Each Federal
agency, in contracts, subcontracts, and grants entered into after the date of this order, shall seek
to encourage contractors, subcontractors, and grantees to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented, or personally
owned vehicles.
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 6 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
(d) Tribal Governments. Tribal Governments are encouraged to adopt and enforce seat belt
policies and programs for occupants of motor vehicles traveling on highways in Indian Country
that are subject to their jurisdiction.
Sec. 2. Scope of Order. All agencies of the executive branch are directed to promulgate rules and
take other appropriate measures within their existing programs to further the policies of this
order. This includes, but is not limited to, conducting education, awareness, and other
appropriate programs for Federal employees about the importance of wearing seat belts and the
consequences of not wearing them. It also includes encouraging Federal contractors,
subcontractors, and grantees to conduct such programs. In addition, the National Park Service
and the Department of Defense are directed to initiate rulemaking to consider regulatory changes
with respect to enhanced seat belt use requirements and standard (primary) enforcement of such
requirements in national park areas and on Defense installations, consistent with the policies
outlined in this order, and to widely publicize and actively enforce such regulations. The term
"agency" as used in this order means an Executive department, as defined in 5 U.S.C. 101, or any
employing unit or authority of the Federal Government, other than those of the legislative and
judicial branches.
Sec. 3. Coordination. The Secretary of Transportation shall provide leadership and guidance to
the heads of executive branch agencies to assist them with the employee seat belt programs
established pursuant to this order. The Secretary of Transportation shall also cooperate and
consult with the legislative and judicial branches of the Government to encourage and help them
to adopt seat belt use programs.
Sec. 4. Reporting Requirements. The Secretary of Transportation, in cooperation with the heads
of executive branch agencies, and after consultation with the judicial and legislative branches of
Government, shall submit an annual report to the President. The report shall include seat belt use
rates and statistics of crashes, injuries, and related costs involving Federal employees on official
business and occupants of motor vehicles driven in national park areas, on Defense installations,
and on highways in Indian Country. The report also shall identify specific agency programs that
have made significant progress towards achieving the goals of this order or are notable and
deserving of recognition. All agencies of the executive branch shall provide information to, and
otherwise cooperate with, the Secretary of Transportation to assist with the preparation of the
annual report.
Sec. 5. Other Powers and Duties. Nothing in this order shall be construed to impair or alter the
powers and duties of the heads of the various Federal agencies pursuant to the Highway Safety
Act of 1966, 23 U.S.C. 402 and 403, as amended, section 19 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. 668, as amended, or sections 7901, 7902, and 7903 of title 5,
United States Code, nor shall it be construed to affect any right, duty, or procedure under the
National Labor Relations Act, 29 U.S.C. 151 et seq.
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 7 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
Sec. 6. General Provisions. (a) Executive Order 12566 of September 26, 1986, is revoked. To the
extent that this order is inconsistent with any provisions of any prior Executive order, this order
shall control.
(b) If any provision of this order or application of any such provision is held to be invalid, the
remainder of this order and other applications of such provision shall not be affected.
(c) Nothing in this order shall be construed to create a new cause of action against the United
States, or to alter in any way the United States liability under the Federal Tort Claims Act, 28
U.S.C. 2671-2680.
(d) The Secretary of Defense shall implement the provisions of this order insofar as practicable
for vehicles of the Department of Defense.
(e) The Secretary of the Treasury and the Attorney General, consistent with their protective and
law enforcement responsibilities, shall determine the extent to which the requirements of this
order apply to the protective and law enforcement activities of their respective agencies.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 16, 1997.
NRS SUPPLEMENT 1500-2007-1
EFFECTIVE DATE: 10/04/2007
DURATION: Effective until superseded or removed.
1580
Page 8 of 8
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 80 – GRANTS, COOPERATIVE AGREEMENTS,
AND OTHER AGREEMENTS
EXHIBIT 02
COOPERATOR USE OF GOVERNMENT VEHICLE WORKSHEET
Agreement Number:
Title:
Cooperator:
Individual authorized to use Government Vehicle:
________
Purpose:
Duration:
Type of vehicle authorized:
Individual’s driver license state:
Date license expires:
Number: ____________________________
National Safety Council approved Defensive Driving Course completion date:
Driver provided the Driver Operating Guide (EM-7130) Date:
________
Driver provided copy of Executive Order 13043
Date:
Driver provided copy of Forest Service Ethics policy for Government vehicle use Date: ________________
Cooperator evidence of liability insurance (minimum of $250,000 per occurrence for both
bodily injury and property damage):
Yes (documentation attached)
______ Cooperator self-insurance documentation: (attach copy)
Driver has been informed of and is aware of the following:
Driving Safety, including seat belt use and defensive driving training
Official use of Government vehicles and vehicle credit cards (This is critical.)
Accident reporting procedures
Preventive maintenance policies, Scheduling maintenance, and Emergency repairs
All wheel drive (4x4) vehicle operation (if applicable)
Driving on mountain roads and under unique conditions
Use of anti-lock break systems
Recording and reporting of mileage (USE)
Limits on hours of service as follows:
∙ Drive only if they have had at least 10 consecutive hours off duty before beginning a shift.
∙ Drive no more than 11 hours per shift.
∙ Not drive after they have been on duty 14 hours.
∙ No more than 2 hours without a rest stop. Operators of vehicles carrying 10 or more passengers shall stop for
10 minutes every hour.
Other information that is not common knowledge.
Any change to status of any of the above information must be reported to the Forest Service authorizing official.
Driver acknowledgment of the above:
Date:
Forest Service authorizing official approval:
Date: