1090-0009 Authorities Table

Authorities List Updated (Subject to Solicitor Review) Draft 9-24-21
2020 Supporting Statement		2018 Supporting Statement
2020 Cited Authority	Description	2018 Cited Authority	Notes on Update
Authorities to Collect Donation Information
9 Stat. at L. 395, Ch. 108	Establishment of DOI	9 Stat. at L. 395, Ch. 108	No change in authority
18 U.S. Code § 201	Bribery of public officials and witnesses	18 U.S.C. § 201	No change in authority
374 DM 6	Donations Policy	374 DM 6	No change in authority
Department of the Interior OS - DOI
Authority of the Secretary to Carry out Certain Functions and Activities (54 U.S.C. 200103(i)	This law authorizes the Secretary to accept and use donations of money, property, personal services, or facilities (to support outdoor recreation).	Authority of the Secretary to Carry out Certain Functions and Activities (54 U.S.C. 200103(i)	No change in authority
Great America Outdoors Act (Public Law 116–152, 54 U.S.C. 200402(j.)(1)	(j) PUBLIC DONATIONS.— (1) IN GENERAL.—The Secretary (of the Interior)... may accept public cash or in-kind donations that advance efforts— ‘‘(A) to reduce the deferred maintenance backlog; and ‘‘(B) to encourage relevant public-private partnerships.	N/A	New Authority 2020; Authority cites applicability to BIE, BLM, NPS, and US-FWS
Take Pride in America Program (16 U.S.C. §§ 4601 et seq.)	The Take Pride in America Program (TPIA) provides the Department broad authority “to establish and maintain a public awareness campaign in cooperation with public and private organizations and individuals, …to instill in the public the importance of the appropriate use of, and appreciation for, Federal, State, and local lands, facilities, and natural and cultural resources; to promote an attitude of stewardship toward them; and to promote participation in caring for them.” The TPIA authorizes the Secretary to solicit, accept, hold, and use donations of money and personal property to aid or facilitate the purposes of the TPIA program. (16 U.S.C. § 4602 (a)-(d) Gifts and bequests)	Take Pride in America Program (16 U.S.C. §§ 4601-4608)	No change in authority
BUREAU OF INDIAN AFFAIRS (BIA)
Donations for Indians; use of gifts (25 U.S.C. § 5341)	The Secretary may accept donations of funds or other property for Indian advancement and use the donations in accordance with their terms	Donations for Indians; use of gifts (25 U.S.C. § 5341)	No change in authority
Acceptance of Gifts and Bequests (25 U.S.C. § 2006(f)(1) Guidelines	The Director of the Office shall promulgate guidelines for the establishment and administration of mechanisms for the acceptance of gifts and bequests for the use and benefit of particular schools or designated Bureau-operated education programs, including, in appropriate cases, the establishment and administration of trust funds	Acceptance of Gifts and Bequests (25 U.S.C. § 2006(f)(1) Guidelines	No change in authority
Bureau of Land Management (BLM)
Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 et seq.) including: 43 U.S.C. § 1737(c) Contributions and Donations of Money, Services and Property	Authorizes the Secretary to accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes; and contributions for cadastral surveying performed on federally controlled or intermingled land.	Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 et seq.) including: 43 U.S.C. § 1737(c) Contributions and Donations of Money, Services and Property	No change in authority
Bureau of Reclamation (BOR)
Acceptance of Non-Federal Funds (43 U.S.C. § 395)	The Contributed Funds Act provides that “all funds paid by states, municipalities, districts, or private parties for investigations, surveys, construction work, or any other development work incident thereto involving operations similar to those provided for by the reclamation law, are covered into the reclamation fund and available for expenditure by Reclamation for the purposes for which contributed, without the need for further appropriation.”	Acceptance of Non-Federal Funds (43 U.S.C. § 395)	No change in authority.
Fish and Wildlife Service (FWS)
Partnerships and Donations of Lands and Funds to Benefit Fish and Wildlife Species and their Habitats (16 U.S.C. § 661 et seq.)	The Fish and Wildlife Coordination Act provides the Secretary broad authority to enter into agreements with Federal and State agencies, as well as public and private organizations, to assist in the protection of fish and wildlife and their habitats. The Act includes provisions for the Secretary to receive donations of lands and funds, as well as to enter into grants and cooperative agreements for the benefit of fish and wildlife species and their habitat.	Partnerships and Donations of Lands and Funds to Benefit Fish and Wildlife Species and their Habitats (16 U.S.C. § 661 et seq.)	No change in authority.
Appropriated Funds and Donations for the Wildlife Program (16 U.S.C. § 3741 et seq.)	The Partnerships for Wildlife Act authorizes the Secretary to receive appropriated funds and donations from the National Fish and Wildlife Foundation and other private sources to assist the State fish and game agencies in carrying out their responsibilities for the conservation of non-game species. The donations are placed into the Wildlife Conservation and Appreciation Fund, for provision to designated State agencies	Appropriated Funds and Donations for the Wildlife Program (16 U.S.C. § 3741 et seq.)	No change in authority.
Cooperation with the National Fish and Wildlife Foundation (16 U.S.C. § 3701 et seq.)	The National Fish and Wildlife Foundation Establishment Act established NFWF as a federally chartered charitable, non-profit corporation to administer donations of real or personal property, or interests therein, in connection with FWS programs and conservation activities on the United States. The Secretary appoints the members of NFWF’s board, and the Director of the FWS serves as ex-officio, non-voting member of the board.	Cooperation with the National Fish and Wildlife Foundation (16 U.S.C. § 3701 et seq.)	No change in authority.
U.S. Geological Survey (USGS)
Gift and General Cooperation Authority (43 U.S.C. § 36a-c)	The Department of the Interior Appropriation Act for FY 1987 authorizes USGS to accept contributions from public and private sources, and cooperation with other agencies in prosecution of projects. Section 36c provides: “In fiscal year 1987 and thereafter the United States Geological Survey is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private.” Gift authority is also provided for scientific or technical books, manuscripts, maps and related materials for inclusion in the USGS library (43 U.S.C. § 36a), and for lands and interests in lands for stream gaging stations and observation well sites (43 U.S.C. § 36b).	Gift and General Cooperation Authority (43 U.S.C. § 36a-c)	No change in authority.
BUREAU OF OCEAN ENERGY MANAGEMENT (BOEM)
Authority for Acceptance of contributions from private and public sources (43 U.S.C. § 1473)	BOEM is authorized to accept land, buildings, equipment and other contributions, from public and private sources, which shall be available for purposes provided for in this account, including, in fiscal years 2010 through 2013, contributions of money and services to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources, including but not limited to, preparation of environmental documents such as impact statements and assessments, studies, and related research.	Authority for Acceptance of contributions from private and public sources (43 U.S.C. § 1473)	No change in authority.
National Park Service (NPS)
General Authority for NPS to Accept Donations (54 U.S.C. § 101101)	The Secretary is authorized to accept patented lands, rights-of-way over patented lands or others lands, buildings, or other property within the various national parks and national monuments, and moneys which may be donated for the purposes of the national park and monument system	General Authority for NPS to Accept Donations (54 U.S.C. § 101101)	No change in authority.
Donations for Museum Purposes (54 U.S.C. § 102503(b)	The Secretary is authorized to accept donations of money or other personal property and to hold, use, expend and administer them for museum purposes	Donations for Museum Purposes (54 U.S.C. § 102503(b)	No change in authority.
Donations to the National Park Foundation (NPF) for the Benefit of NPS (54 U.S.C. § 101111)	Congress established the NPF in order to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the NPS, its activities, or its services, and to further the conservation of natural, scenic, historic, scientific, educational, inspirational or recreational resources for future generations. The NPF may accept, receive, solicit, hold, administer and use any gifts, devises or bequests or any income therefrom or other interest therein for the benefit of the NPS, its activities or its services. Congress required the NPF to design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level	Donations to the National Park Foundation (NPF) for the Benefit of NPS (54 U.S.C. § 101111)	No change in authority.
Donations and Bequests of Money, Personal Property and Less than Fee Interests in Historic Property (54 U.S.C. § 307107)	The Secretary is authorized to accept donations and bequests of money and personal property for the purposes of historic preservation and to accepts gifts or donations of less than fee interests in any historic property where the acceptance of such interests will facilitate the conservation or preservation of such properties	Donations and Bequests of Money, Personal Property and Less than Fee Interests in Historic Property (54 U.S.C. § 307107)	No change in authority.
Office of Surface MinING (OSMRE)
Abandoned Mine Reclamation Fund (30 U.S.C. § 1231(b)(3)	The Surface Mining Control and Reclamation Act of 1977 (SMCRA), authorizes OSM to accept donations for carrying out the purposes of the Abandoned Mine Reclamation Fund	Abandoned Mine Reclamation Fund (30 U.S.C. § 1231(b)(3)	No change in authority.
ALASKA AUTHORITIES
ANILCA Land acquisition authority (16 U.S.C. § 3192 (i) Donation or Exchange (1)	The Secretary is authorized to acquire by donation or exchange, lands (A) which are contiguous to any conservation system unit established or expanded by this Act, and (B) which are owned or validly selected by the State of Alaska	ANILCA Land acquisition authority (16 U.S.C. § 3192 (i) Donation or Exchange (1)	No change in authority.
ANILCA Administrative sites and visitor facilities (16 U.S.C. § 3196(b)	The Secretary is authorized to lease or acquire by donation, exchange, purchase, or any other method (except condemnation) real property, office space, housing, and other necessary facilities for administrative sites and visitor facilities in Alaska	ANILCA Administrative sites and visitor facilities (16 U.S.C. § 3196(b))	No change in authority.

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