Reference Manual 21 -- Chapter 7

Note: This page contains Chapter 7 of Reference Manual 21 that accompanies Director's Order 21, Donations and Philanthropic Partnerships. Users of RM-21 are strongly encouraged to check this page for updates before utilizing previously viewed, printed, or downloaded materials:

Updated December 4, 2023
Updated January 18, 2024 (updated links)

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7.0 Partnership Design and Construction

Background

This guidance applies to all projects funded by a philanthropic partner that design, construct, preserve, renovate, restore, rehabilitate, or maintain NPS facilities. Facilities include, but are not limited to, buildings, structures, trails, roads, bridges, exhibits, and campgrounds.

NPS philanthropic partners may support the NPS with design, construction, and maintenance projects in one of the following ways:

  • A partner raises 100% of the needed project funds, donates the funds to the NPS, and the NPS carries out the design, construction, and/or maintenance.
  • A partner raises 100% of the needed project funds, manages the design, construction, or maintenance contracts, and donates the resulting documents and/or facilities to the NPS.
  • The NPS and partner both provide funds for the project. Either (1) the partner donates its funds to the NPS and the NPS manages the design and construction, or (2) each party manages independent portions of the project with its own funds.

All improvements and facilities resulting from a partner-funded project on park land will be owned by the United States. As such, all partner-funded facility projects must meet Federal and NPS building standards, be financially and operationally sustainable long-term, and meet a need as identified in a park or program planning document. If a project proposed by a partner or donor does not meet one of these requirements, NPS staff should work with the partner to address the issue(s). If the issue(s) are not resolvable, then it is likely in the best interest of the NPS to decline the donation.To ensure the proposed project is a sound investment decision, the Superintendent or Program Manager should analyze the cost of the project as well as the facility’s long-term operations and maintenance costs. Together with the partner, options should be identified to offset these future costs. Options may include Endowment or Investment funds; NPS-approved, revenue-generating activities; re-focusing park resources, etc. Superintendents should have a realistic plan to cover long-term costs at their current base-funding level.

Per Director’s Order 21 (DO-21), Section 4.2, donations made directly to the NPS or an authorized philanthropic partner may not be used to begin construction, or a phase of construction, or other projects or programs, unless there are enough funds in hand1 to ensure completion of the work to a degree that has independent utility.

1. Funds in hand: Either the NPS has received the funds, or in the case of a partner-managed project, the partner has provided a letter from its financial institution verifying that all funds are available and will be used to complete the project.

Partnership Design and Construction Process

All facility projects funded wholly or in part by a partner, regardless of their dollar value, must follow the Partnership Design and Construction Process described in this section.

The majority of the following guidance is geared towards larger projects over $500,000 total project cost. For projects under $500,000 managed by a philanthropic partner, you may proceed to "Project Agreements: Partner-Managed Projects Under $500,000 ” (in development) for streamlined options that may be available to complete these smaller, less-complex projects if approved by the Regional Partnership Coordinator in consultation with the Regional Facilities or Construction Manager. When determining total project cost, include compliance actions required by the National Environmental Policy Act and National Historic Preservation Act, pre-design, final design, project management, contingency, and any other costs related to the project.

The Partnership Design and Construction Process encourages park-partner discussions and helps create common expectations. The process requires time, attention, and commitment from both the NPS and its partners. Developing agreements and planning, designing, and completing a project can be a multi-year process. Superintendents must be clear about the timeline with donors/partners at the outset to set reasonable expectations.

Park and regional office staff should also anticipate a significant time commitment to coordinate with the partner, draft and negotiate various agreements, review design/construction drawings, inspect work, and ensure the investment meets NPS standards and needs. If parks do not have the expertise or capacity at the park level, they should request regional or Denver Service Center assistance as soon as possible and in the Memorandum of Intent sent to the Regional Director for signature.

Project Reviews

Like other NPS facility projects, partner-funded facility projects are subject to review and approval by a Regional Investment Review Board (RIRB) and the NPS Bureau Investment Review Board (BIRB), per the BIRB Charter (internal link) and Facility Investment Strategy (FIS). Regional Facility/Construction Managers assist parks in preparing for the Regional and Bureau IRB reviews.

Initial construction typically accounts for only 20 percent of a facility’s long-term costs. IRB reviews focus on the park need, priority, alternative solutions, and ability to financially sustain the resulting facility long-term.

IRB threshold and review requirements are tied to total project cost, which includes compliance with National Environmental Policy Act and National Historic Preservation Act requirements, pre-design, final design, project management, contingency, and other factors. Check the FIS and with the RIRB for current thresholds, requirements, and exceptions.

Public Communications

IRB approval of a proposed project at the Investment Concept phase should occur before project information is publicly released. In addition, as noted in Section III.A.4 of the Philanthropic Partnership Agreement template, the NPS and partner shall submit materials intended for public distribution and that refer to the other party or to the partnership or associated agreements, to the other party for advance review and approval. For any partner- or donor-funded project that required RIRB or BIRB approval, the regional office or NPS Office of Communications (depending on the level of IRB review) must also approve all external facing communications about the project prior to release.

The purpose of these reviews is to ensure information is accurate, does not set unrealistic expectations for the public or donors, and does not portray an NPS commitment to a project prior to the required IRB approvals. Since there is no commitment by the NPS to move forward with a project prior to IRB approval of the Investment Concept (IC), funds raised by a partner prior to IRB approval may need to be returned to the donors, and work completed prior to IRB approval may go unused.

Project Agreements

The NPS establishes agreements with a partner to authorize and accept a partner’s proposed donation of cash and/or design-construction services and to clearly define each party’s roles and responsibilities. Typically, the parties will enter into one or more Agreements.Regional Partnership Coordinators (internal link) (RPCs) assist parks in identifying which agreements are needed, developing agreements, and facilitating Regional/WASO approvals of the agreements.

All partner-funded facility projects of any size should have one of the following documents completed or established early in the process:

  1. Donation Acceptance Letter

  2. Donation Agreement or National Park Foundation Grant Agreement

  3. Memorandum of Intent

  4. Coming soon (alternative for partner-managed projects under $500,000)

The selection of the best document for a given project depends on the specific circumstances, such as who will manage the project, the total project cost, and how complex the project is. Use the following guidance to determine the best document:

NPS-Managed Projects

For use when the partner or donor donates funds to the NPS and the NPS manages all aspects of the project:

1. Donation Acceptance Letters thank the donor, document the donor’s stipulations on how the funds may be used, and document that the NPS will accept the donation with those stipulations. The project must have IRB approval of the IC, if required, before donations are accepted and the acceptance letter is signed.

2. Donation Agreements or National Park Foundation Grant Agreements accomplish the same objectives as the Donation Acceptance Letter and provide a more formal document signed by both parties. They also provide the opportunity to include roles and responsibilities of the parties, insurance requirements, termination clauses, etc. The project must meet IRB and other FIS requirements before the agreement is signed. Prior to IC approval, an agreement may be established to fund a feasibility study, IC development, a value analysis, or other process or planning document to identify the best solution or investment to address an identified need. In these cases, the partner/donor should be made aware in advance of the parties signing the agreement that the RIRB/BIRB may not approve the IC or that they may approve it with stipulations. It is possible that no further action will be taken following the initial donation.

The signatory for Donation Acceptance Letters, Donation Agreements, and National Park Foundation Grant Agreements must have donation acceptance authority at the level of the donation per RM-21, Chapter 3.1.3. A copy of the final, signed letter or agreement must be sent to the RPC and if over $2 million, to the Associate Director, Park Planning, Facilities and Lands, and the Associate Director, Partnerships and Civic Engagement. Any donor recognition included in the agreement must comply with DO-21, Section 8, and RM-21, Chapter 8 and the park's donor recognition plan. An RPC can help determine whether a Donation Acceptance Letter or Donation Agreement is best suited to your situation.

Since initial project costs tend to increase over time due to changes in project scope, high construction bids, schedule delays, etc., parks and partners should discuss fundraising goals and how they would handle cost increases during these early conversations.

Partner-Managed Projects $500,000 and Over

For use when the partner manages part or all of the project with a total project cost of $500,000 and over:

3. A Memorandum of Intent (MOI) is used to capture initial discussions between the park and partner, identify a path forward, and initiate necessary Regional and WASO reviews and approvals. A draft MOI is developed early in the process and finalized/signed following RIRB/BIRB approval of the IC, if required. An MOI typically accomplishes the following:

a. Describes the need/problem, general scope of the project, authorities and any additional authorities needed, roles and responsibilities, anticipated costs (project and long-term operations and maintenance), decision-making process, and anticipated schedule;
b. Provides information needed to develop an IC and obtain its approval from the NPS’s IRBs;
c. Lays the groundwork for subsequent agreements; and
d. Identifies assistance needed by a regional office, Denver Service Center, or Harpers Ferry Center.

Since initial project costs tend to increase over time due to changes in project scope, high construction bids, schedule delays, etc., parks and partners should discuss fundraising goals and how they would handle cost increases during these early conversations.

Final MOIs are signed by the partner, Superintendent/Manager, and Regional Director following approval of the IC by the Regional and Bureau IRBs. If no IRB review is required, the Superintendent may submit the MOI to the Regional Director for signature following analysis of the project to ensure it is a sound investment decision. When seeking Regional Director signature, all MOIs should be routed through and reviewed by the Regional Partnership Coordinator and the Regional Construction and/or Facility Manager. A copy of the final, signed MOI must be sent to the RPC and if over $2 million, to the Associate Director, Park Planning, Facilities and Lands, and the Associate Director, Partnerships and Civic Engagement.

Prior to IC approval or development of the MOI, the partner may fund and manage a feasibility study, a value analysis, or other process or planning document to identify the best solution or investment to address an identified need. These studies or analyses must meet NPS standards if they are intended to fulfill an NPS requirement (i.e., feasibility study) or if the NPS intends to use them in preparation for a potential project (i.e., environmental assessment). This early work can be authorized through approval of the AWP or a PSA. The AWP or PSA should be clear that the NPS is not committing to the entire project. In addition, the partner/donor should be made aware in advance of the parties signing the AWP or PSA that the RIRB/BIRB may not approve the IC or that the RIRB/BIRB may approve the IC with stipulations. It is possible that after the partner’s initial investment in the study or analysis, that no further action will be taken on the project.

Partner-Managed Projects Under $500,000

4. For use when the partner manages part or all of a project with a total project cost under $500,000:

Guidance coming soon.


Following establishment of one of the above documents, projects may also need one or more of the following agreements:

  • Operations and Maintenance Agreement (Name change coming): The park and partner establish an Operations and Maintenance Agreement when the partner intends to cover all or a portion of the operations and/or maintenance of a facility either through cash donations or through providing staff directly to help operate a facility. If the partner desires to conduct fee-based activities, manage space within a park, or provide other types of revenue-generating activities, a different vehicle would be needed to authorize the relationship.
  • Endowment and Investment Accounts Agreement: An Endowment and Investment Accounts Agreement sets the terms for establishing and managing an endowment and/or investment account for the benefit of the NPS. Refer to RM-21, Chapter 6, for more information.
  • Partner Design and Construction Agreement (PDCA): A PDCA establishes the terms and conditions under which a partner will design, construct, or renovate facilities located on NPS property and under which a partner will donate all work to the NPS. The PDCA provides the legal and policy framework for the partner’s services and the services of the partner’s consultants and contractors. A PDCA is required for all partner-managed facility projects with a total project cost of $500,000 and over. The PDCA is signed after the RIRB/BIRB has approved the IC, if required, and before design or construction work has begun.

The PDCA was originally developed for use with philanthropic partners; however, this tool may also be adapted and used with other types of partners, such as state and local agencies and lessees, in accordance applicable policy. RM-21 specifically addresses the use of the PDCA with philanthropic partners.

Regional Partnership Coordinators can assist in determining the most appropriate agreement(s) and attachment(s) necessary for the park’s specific partnership project. Use the table below to identify the appropriate person to sign the agreement(s), and refer to the flowchart in the next section to determine when the agreement(s) should be signed. Reference RM-21, Chapter 3.1.3, for delegated donation acceptance thresholds for authorized employees.


Agreements and Signature Levels
Type of Agreement How to Determine the Signatory
Operations and Maintenance Agreement (Name change coming) Consider the level of funding anticipated on an annual basis to determine the appropriate authorized employee with sufficient donation acceptance threshold to sign the agreement.
Endowment/Investment Agreement Consider the total amount of the endowment or investment to determine the appropriate authorized employee with sufficient donation acceptance threshold to sign the agreement.
Partner Design and Construction Agreement Consider the total amount of the donation to determine the appropriate authorized employee with sufficient donation acceptance threshold to sign the agreement.

For all agreements in the table above, send a copy of the final, signed agreement to the RPC and the Division Chief, Office of Partnerships and Philanthropic Stewardship. If the project is over $2 million, also send a copy of the Partner Design and Construction Agreement to the Associate Director, Park Planning, Facilities and Lands, and the Associate Director, Partnerships and Civic Engagement.

Agreement Templates have been developed in consultation with DOI Solicitors. Template language may be modified with Solicitor approval for material changes, if needed.

Parks must issue a construction Special Use Permit (SUP) to the partner (not a contractor) for all facility projects of any size managed wholly or in part by a partner prior to any construction, maintenance, or repair work beginning on park lands. The SUP authorizes the partner to perform maintenance or construction-related work on park property and includes terms and conditions to address days and hours when partner’s maintenance or construction team may work on site; how noise, dust, and water runoff control will be addressed; location of construction fences; etc. For additional guidance, go to Director’s Order 53 and Reference Manual 53.

Flowchart: Partnership Design and Construction Process


The Partnership Design and Construction Process guides a partnership project from its initial conception through project definition, development, and implementation. Projects and agreements are reviewed and approved at various stages. The following flowcharts summarize these stages and other potential steps needed to successfully complete a partner-managed facility project.

Please note that many of the early actions in the flowchart may be done concurrently where it makes sense. Contact the park’s Regional Partnership Coordinator at any step for further guidance.

Flowchart – Design and Construction

Simplified Flowchart – Maintenance Projects Under $500K Using a Maintenance Project Agreement XXX 2023 (in development)

References and Resources


1 Funds in hand: Either the NPS has received the funds, or in the case of a partner-managed project, the partner has provided a letter from its financial institution verifying that all funds are available and will be used to complete the project.

7.1 Design Competitions

Design competitions are held periodically to generate creative ideas and community and donor interest in proposed park improvements. Competitions may be professionally managed competitions or student competitions as part of their curriculum. Before deciding to hold a design competition, consult the Solicitor’s Office for guidance on intellectual property created under the competition.

Student design competitions can provide the park with fresh ideas and ways to solve problems and can build a connection between national parks and the students, their teachers, and their families. There should be no assumptions that the students’ ideas would be implemented, but the park may showcase the students’ work on its website or other appropriate means.

The rest of the section is about professional design competitions, which are generally held to generate public and donor interest and to identify certified architects, landscape architects, and urban planners who may be selected to execute the winning design.

Either the partner or the NPS may manage the competition, although partners often fund them by hiring a competition manager and the winning designer. The partner may also donate funds to the park for the park to manage the design competition. If the partner manages the competition, parks need to be fully engaged in the design competition and are responsible for reviewing and approving decisions and draft media releases.

Since design competitions often lead to the construction of new or expanded NPS facilities, proposed competitions should be approved by appropriate IRBs as part of the Investment Concept review and described in a signed MOI in advance of any competition activities or public announcements.

Design competitions for new memorials and associated facilities at national parks in the District of Columbia and its environs must also comply with the requirements of the Commemorative Works Act (40 USC 8901-8909).

Please Note:
  • Design Competitions are part of the Partnership Construction process, as described above in Section 7.0. The MOI should document understandings about the proposed competition, including goals, management, requirements, selection process, roles, and responsibilities.
  • Competition Guidelines should include provisions that describe the future purpose and function of the facility and reflect NPS/Federal design and construction standards and requirements, such as climate change resilient design, sustainability, and accessibility.

References and Resources:

Last updated: February 12, 2024

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