![]() Examples of programmatic authority include the National Geologic Mapping Act and the Water Resources Development Act. In addition, the MOU should also cite any specific programmatic authority. USGS domestic MOUs may cite USGS authorities such as The Organic Act of March 3, 1879, as amended, 43 U.S.C. Citing the legal authority shows that the agency is acting within the scope of its legislative purpose as Congress intended. They should cite a clear legal authority that authorizes the USGS to enter into the agreement and to engage with the other party. Although non-legally binding, MOUs are formal agreements. MOUs enhance the USGS mission by arranging for more effective use of collective resources and memorializing efforts of further cooperation with other entities.ĭ. Regardless of the title, the MOU or similar type of agreement is non-legally binding for any party and must be written in very broad and general terms. For purposes of this SM chapter, the term ‘MOU’ includes all such agreements. The USGS may enter into an agreement that uses a different title, such as “Memorandum of Agreement” when coordinating programs or the exchange of information provided that such agreements adhere to the policies established in this SM chapter. The USGS may enter into an MOU when there is a need to coordinate programs or to exchange information to optimize the benefits from each party’s efforts.Ĭ. (11) It must not be used to waive requirements for competition in contracting.ī. ![]() (10) It must not be used to obligate or transfer funds, personnel, supplies, equipment, or services, or to effect any type of commitment or obligation and (9) It must not provide authority to enter into legally binding agreements such as contracts or inter-agency agreements For example, an MOU cannot be used to justify USGS award of a contract or assistance agreement to the parties to an MOU (8) It must not be used as the basis for justifying a contractual or other legally binding obligation. (7) It must not violate established USGS policies, procedures, or protocols (6) It must not violate any statutes or regulations, including those that govern conflict of interest (5) It must conform to all federal ethics rules, policy, and guidance (4) It must not provide an unfair competitive advantage for future contracts and (or) financial assistance (3) It must not be detrimental to any public group (1) It must be compatible with the USGS mission, support scientific research, and not adversely affect the scientific integrity of the USGS, as specified in SM 500.25 The domestic MOU must meet the following requirements: Digital signature standards as provided in the internal Associate Chief Information Officer (ACIO) Directive 2021-001, Digital Signature Policy.Ī. USGS Office of Policy and Analysis (OPA) internal guidance.į. SM 500.6, American Indian and Alaska Native Tribal Relations.Į. SM 205.13, Delegations of Authority to Enter into Agreements and to Accept Contributions.Ĭ. Department of the Interior, Office of Financial Management, Inter-Intra Agency Agreement Handbook, September 21, 2015.ī. The USGS authority to establish MOUs is entered under 43 U.S.C. Code (U.S.C.) 31, et seq., established the USGS and its missions. The Organic Act of March 3, 1879, as amended and codified at 43 U.S. It is an aspirational, non-legally binding agreement which describes how the parties intend to collaborate on matters of mutual concern or interest.Ĥ. An MOU is not a detailed working document. MOUs describe procedures such as: (a) cooperation relating to exchanges of information (b) cooperation between a private entity and an agency in a particular endeavor and (or) (c) cooperation between agencies that have similar goals and statutory mandates or that are implementing the same law. An MOU is a non-legally binding or non-legally enforceable written agreement between the USGS and federal, tribal, state, or local government agencies academic institutions or other entities, such as non-profit organizations. The USGS Office of International Programs reviews and approves international MOUs.ģ. This SM chapter also does not apply to International MOUs. Such agreements are covered in other policies. This SM chapter does not apply to agreements that exchange funds or tangible resources. This SM chapter applies to domestic MOUs that outline basic policies and procedures governing collaboration on matters of mutual concern or interest between a federal agency (or agencies) and another organization (or entity).ī. This SM chapter establishes policy and procedure for the preparation and approval of a domestic Memorandum of Understanding (MOU).Ī. ![]() Acting Associate Director for Administrationġ.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |