ARS NFCA #58-5402-5-104N
FS Joint Venture #05-JV-1113-2544-098
US Dept. of Agriculture, Agricultural Research Service
National Center for Genetic Resources Preservation, Fort Collins, CO
US Dept. of Agriculture, Forest Service
National Seed Laboratory, Dry Branch, GA

This Agreement is made and entered into by and between the U.S. Department of Agriculture, Agricultural Research Service, hereinafter referred to as ARS/NCGRP and the U.S. Department of Agriculture, Forest Service, hereinafter referred to as FS/NTSL.

AUTHORITY: Authority to enter: into this cooperative relationship is in accordance with the provisions of7 U.S.C. 33l8(b). This project is documented under ARS CRIS project number 5402-21000-006-l3N, Accession #409208, Mode Code 5402-05-05.

I. PURPOSE

The objective of this Agreement is to establish a general framework for the cooperation and participation among cooperators in the conservation of plant species within the National Forests and private forest lands of the US. These include tree species as well as other plant species, some of which are listed or tending toward federal listing as threatened or endangered under the Endangered Species Act (ESA), 16 U.S.C.

The cooperators propose to work together to provide a secure back-up or primary storage facility for the storage of this valuable plant germplasm and to incorporate this germplasm into a central data system, the Germplasm Resources Information System (GRIN) database of the USDA's National Plant Germplasm System (NPGS).

II. STATEMENT OF MUTUAL INTEREST AND BENEFITS

The FS/NSTL is a USDA land management agency with the responsibility for 191 million acres of National Forest Systems lands in 43 states and provides support in the management of the nation's privately owned forests. As part of this management responsibility, one of the Forest Service goals is to restore, maintain and enhance forest ecosystems. For many decades, the Forest Service has researched, documented and developed the genetic resources of native U.S. forest tree species. Through these years the FS/NTSL has been concerned with germplasm conservation, almost exclusively by in situ populations. On the National Forests, there are literally millions of acres of working collections.

The number of species under management by the FS/NTSL is diversifying. Some of these species are rare and endangered and seed storage can complement protection and recovery efforts. Additionally, FS/NTSL tree breeding programs are advancing and there is a need to preserve earlier generations through seed. This is especially true as high costs reduce the ability to maintain and manage clone banks, breeding arboreta and in-house seed storage is subsequently put at risk.
The National Center for Genetic Resources Preservation (NCGRP) has as its principal mission the long-term preservation of plant germplasm to ensure a safe and secure supply of plant genetic resources for current and future use. NCGRP maintains over 450,000 specimens or accessions of plant genetic resources from centers of diversity located both within and outside the United States. NCGRP is part of the NPGS. Its mission is to preserve the base collection of the NPGS and to conduct research to develop new technologies for preservation of seed and other propagules of plant genetic resources. NCGRP conducts the long-term preservation of duplicate samples of all accessions maintained in active collections at the National Plant Germplasm Repositories.

ARS/NCGRP and FS/NTSL are currently engaged in the identification, collection, preservation and evaluation of forest plant germplasm and desire to jointly conduct activities in preservation and evaluation of forest plant germplasm of the United States. ARS/NCGRP, through its storage, information and coordination systems, and the FS/NTSL, through its research stations, National Forest administration and cooperative efforts with state forestry agencies assert that their mutual interests, and the interests of the people of the United States, will be served through these joint efforts.

III. ARSINCGRP AGREES

1. To receive, log in, dry to an optimum moisture content and store in a cold vault maintained at about -18°C at the NCGRP seed storage facility, seed samples sent from NSTL. While all steps are critical, when seeds with high viability are dried to optimum moisture content under predetermined conditions and are stored in moisture-proof containers at sub-zero temperatures, good viability is expected for many years. Security of the stored seed at the NCGRP is provided by design basis construction of the seed vault area against natural disasters and by an electronic security monitoring system.

2. To place primary and duplicate samples of forest species accessions held in the NTSL Germplasm Bank into the base collection at NCGRP. As part of the base collection it is understood that samples of the seed will be available, when possible, to qualified researchers upon request. As outlined below, the distribution of the NTSL seed will be the responsibility of the FS/NTSL.

3. To jointly work with the FS/NTSL to enter all pertinent information on the seed samples obtained from NSTL and stored at NCGRP. FS/NTSL will provide such data to NCGRP on an excel spreadsheet and NCGRP will enter such information into the ARS/NSTL National Plant Germplasm database, the Germplasm Resources Information Network (GRIN) prior to storing any seed samples obtained from NTSL into the base collections. Information in GRIN on the NSTL samples will include instructions to forward any requests made for this germplasm to the FS/NTSL for distribution.

4. To be responsible for all costs related to receiving, storage and retrieval from storage of the
NSTL seed samples.

5. That the NCGRP will exercise prudent care and judgment in preserving accessions supplied by NTSL. ARS/NCGRP will report any loss, theft, damage or destruction of the NTSL collections to the FSINTSL contacts listed in this Agreement.

6. To retrieve and return samples supplied to ARS/NCGRP by NSTL, at FS/NSTL.'s request, to NSTL for subsequent testing and distribution. ARS/NCGRP will distribute seed obtained by the FS/NSTL to third-parties only with written permission from the FS/NTSL.

IV. FS/NTSL AGREES

1. To provide ARS/NCGRP with seed samples of highest possible quality (99% pure seeds, and with no seed treatment). Minimum quantities of seed will vary by species, but FS/NSTL will strive, when possible, to provide a minimum of 500 seed, or seed for two regenerations or two re-establishments of the germplasm population. The maximum number of seed for any accession shipped to NCGRP will be 3,000. FS/NTSL will:

a. Make all necessary initial and subsequent seed tests.
b. Package the seed such that mixing during shipping does not occur and drying of the seed to an optimal moisture content is facilitated on arrival at NCGRP.
c. Provide all necessary information on the collections in mutually agreed format so that the data on every seed accession can easily be entered into the Germplasm Resources Information Network (GRIN) database.
d. Develop techniques necessary to monitor test viabilities of seed samples stored at NCGRP.

2. To provide to ARS/NCGRP for each germplasm shipment an inventory list of accessions with FS/NTSL identifier (and other identifiers when available), seed moisture (or method used for drying), and germination information for each accession.

3. To do an initial drying down and cooling of::1l seed samples and to ship all samples in a cold environment to the NCGRP. Advance notice of all shipments with the approximate arrival date and volume will be provided to the ARS/NCGRP a minimum of one week prior to shipment.

4. That FS/NTSL will be responsible for the costs of all seed testing, packaging and shipping to the ARS/NCGRP, as well as the cost of providing the appropriate data on the FS/NTSL seed samples in an agreed upon format to facilitate entry of seed accession information into GRIN.
Further, the FS/NTSL will be responsible for any seed viability monitoring of FS/NTSL samples stored at the NCGRP, as well as the cost of shipping requested samples back to NTSL.

5. That FS/NTSL will be responsible for responding to all distribution requests for FS/NTSL seed entered into GRIN, either by sending requested seed to the requesting party or informing the requesting party why such samples are not available for distribution.

6. That all necessary plant increases of the material submitted to ARSINCGRP will be the
responsibility of the FS/NTSL.

V. STATEMENT OF MUTUALLY AGREEABLE TERMS AND CONDITIONS

1. The details of the cooperative work shall be planned and executed jointly by the FS/NTSL and ARS/NCGRP. Outlines covering working plans and methods of procedure shall be prepared jointly, subject to revision by joint action as work requires. Copies of these plans, as required, will be filed with the FS/NTSL and ARS/NCGRP .

2. This Agreement in no way restricts the cooperators from participating in similar activities or
arrangements with other public or private agencies, organizations, or individuals.

3. This Agreement is to define in general terms the basis on which the parties concerned will cooperate and does not constitute a basis for financial obligation or expenditures. Each party will handle and expend its own funds. Any and all expenditures from Federal funds made in conformity with the plans outlined in this Agreement must be according to USDA rules and regulations and, in each instance based upon appropriate fiscal documents, such as lease, contract, purchase order, letter. of authorization, etc.

4. The responsibilities assumed by the cooperating parties are contingent upon funds being
available from which the expenditures may be legally made.

5. Federal Cost Principles. This Agreement will be governed by:
a. The Federal Acquisition Regulations (FAR), Part 31, Contract Cost Principles and
Procedures.

6. Freedom of Information Act (FOIA). Any information furnished to the Forest Service under
this instrument is subject to the Freedom of Information Act (5U.S.C. 552).

7. Retention and Access Requirements for Records. The Forest Service, Inspector General, or Comptroller General, through any authorized representative, shall have access to and the right to examine all records related to this instrument. As used in the provision, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. All records pertinent to the award shall be retained for a period of three (3) years.

8. Environmental Standards. Both ARS and the FS/NTSL will comply with environmental
standards pursuant to the notification of violating facilities in E.O. 11738.
The following persons will be the principal contact for their respective agencies at the time of execution of this Agreement. These contacts may be changed at the agencies' discretion upon notice to the other cooperating agency.

9. Correspondence and documentation regarding this Agreement should cite both the ARS NFCA Agreement Number 58-5402-5-104N and US Forest Service Joint Venture Agreement Number 05-JV-1113-2544-098. Copies of such correspondence and documentation between the ARS/NCGRP, the FS/NTSL, and the Authorized Departmental Officer's Designated Representative (ADODR) shall be sent by the originating party to each Agency's Administrative contact at the following address:

VI. TERMINATIONS AND MODIFICATIONS:
1. This Agreement may be modified or amended only by a written instrument executed by both cooperators.

2. Either party may terminate this Agreement by providing the other party with sixty (60) days advance written notice. In the event that one party provides the other party with notice of this intention to terminate, the cooperators will meet promptly to discuss the reason for the notice and try to resolve their differences.

3. This Agreement automatically terminates five (5) years from the date of final signature below, but a new follow-on agreement may be put in place. At least six months in advance of the five-year termination date, ARS/NCGRP will take the lead to review this Agreement for program and mission relevancy and to develop a new Agreement if mutually agreeable.

4. At termination, the stored germplasm in the NCGRP will continue to be maintained in accordance with the above conditions until a new Agreement is in effect or until the return of the stored germplasm in the NCGRP to the FS/NTSL has been completed. The party responsible for termination of the Agreement is responsible for packaging, handling and shipping costs.

VII. SIGNATURES
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the date(s) set forth below.

3-28-05
Tom L. Darden
USDA Forest Service
Cooperative Forestry Staff
1720 Peachtree Road, N.W., Suite 846N Atlanta, GA 30367

4-7-05
James E. Quaratino
Authorized Departmental Officer
USDA, Agricultural Research Service 2150 Centre Avenue, Building D, Suite 310 Fort Collins, CO 80526-8119