54 U.S.C. 101702(a) & (b) Cooperative Agreements

Page 43

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

§ 101702

negotiate and enter into challenge cost-share
agreements with cooperators.
(c) SOURCE OF FEDERAL SHARE.—In carrying
out challenge cost-share agreements, the Secretary may provide the Federal funding share
from any funds available to the Service.

nical and support staff, financial assistance
for mutually agreed upon research projects,
supplies and equipment, facilities, and administrative services relating to cooperative
research units that the Secretary considers
appropriate.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134;
Pub. L. 113–40, § 10(c), Oct. 2, 2013, 127 Stat. 546.)

(2) EFFECT OF SUBSECTION.—This subsection
does not waive any requirements for research
projects that are subject to Federal procurement regulations.

AMENDMENT NOT SHOWN IN TEXT
This section was derived from section 1f of
Title 16, Conservation, which was amended by
Pub. L. 113–40, § 10(c), Oct. 2, 2013, 127 Stat. 546.
For applicability of that amendment to this section, see section 6(b) of Pub. L. 113–287, set out
as a Transitional and Savings Provisions note
preceding section 100101 of this title. Former
section 1f of Title 16, which consisted of pars.
(1) to (3) [restated in this section as subsecs. (a)
to (c)], was amended by Pub. L. 113–40 by adding at the end the following new paragraphs:
‘‘(4) AVAILABLE FUNDS.—Out of any amounts in
the Treasury not otherwise appropriated, $20,000,000
shall be made available to the Secretary of the Interior for fiscal year 2018, and $30,000,000 shall be
made available to the Secretary of the Interior for
fiscal year 2019, without further appropriation and
to remain available until expended, to pay the Federal funding share of challenge cost-share agreements for deferred maintenance projects and to correct deficiencies in National Park Service infrastructure.
‘‘(5) COST-SHARE REQUIREMENT.—Not less than 50
percent of the total cost of project for funds made
available under paragraph (4) to pay the Federal
funding share shall be derived from non-Federal
sources, including in-kind contribution of goods
and services fairly valued.’’
HISTORICAL AND REVISION NOTES
Revised
Section
101701 .........

Source (U.S. Code)
16 U.S.C. 1f.

Source (Statutes at Large)
Pub. L. 104–333, div. I, title
VIII, § 814(g), Nov. 12, 1996,
110 Stat. 4199.

§ 101702. Cooperative agreements
(a) TRANSFER OF SERVICE APPROPRIATED
FUNDS.—A cooperative agreement entered into
by the Secretary that involves the transfer of
Service appropriated funds to a State, local, or
tribal government or other public entity, an
educational institution, or a private nonprofit
organization to carry out public purposes of a
Service program is a cooperative agreement
properly entered into under section 6305 of title
31.
(b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.—
(1) IN GENERAL.—To facilitate the administration of the System, the Secretary, under
such terms and conditions as the Secretary
may consider advisable, may—
(A) enter into cooperative agreements
with public or private educational institutions, States, and political subdivisions of
States to develop adequate, coordinated, cooperative research and training programs
concerning the resources of the System; and
(B) pursuant to an agreement, accept from
and make available to the cooperator tech-

(c) SALE OF PRODUCTS AND SERVICES PRODUCED
IN THE CONDUCT OF LIVING EXHIBITS AND INTERPRETIVE DEMONSTRATIONS.—To facilitate the administration of the System, the Secretary,
under such terms and conditions as the Secretary considers advisable, may—
(1) sell at fair market value, without regard
to the requirements of chapters 1 to 11 of title
40 and division C (except sections 3302, 3307(e),
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41, products and services produced in the
conduct of living exhibits and interpretive
demonstrations in System units;
(2) enter into contracts, including cooperative arrangements, with respect to living exhibits and interpretive demonstrations in System units; and
(3) credit the proceeds from those sales and
contracts to the appropriation bearing the
cost of the exhibits and demonstrations.
(d) COOPERATIVE AGREEMENTS FOR SYSTEM
UNIT NATURAL RESOURCE PROTECTION.—
(1) IN GENERAL.—The Secretary may enter
into cooperative agreements with State, local,
or tribal governments, other Federal agencies,
other public entities, educational institutions,
private nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of System units
through collaborative efforts on land inside
and outside the System units.
(2) TERMS AND CONDITIONS.—A cooperative
agreement entered into under paragraph (1)
shall provide clear and direct benefits to System unit natural resources and—
(A) provide for—
(i) the preservation, conservation, and
restoration of coastal and riparian systems, watersheds, and wetlands;
(ii) preventing, controlling, or eradicating invasive exotic species that are within
a System unit or adjacent to a System
unit; or
(iii) restoration of natural resources, including native wildlife habitat or ecosystems;
(B) include a statement of purpose demonstrating how the agreement will—
(i) enhance science-based natural resource stewardship at the System unit;
and
(ii) benefit the parties to the agreement;
(C) specify any staff required and technical
assistance to be provided by the Secretary
or other parties to the agreement in support
of activities inside and outside the System
unit that will—
(i) protect natural resources of the System unit; and

§ 101703

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

(ii) benefit the parties to the agreement;
(D) identify any materials, supplies, or
equipment and any other resources that will
be contributed by the parties to the agreement or by other Federal agencies;
(E) describe any financial assistance to be
provided by the Secretary or the partners to
implement the agreement;
(F) ensure that any expenditure by the
Secretary pursuant to the agreement is determined by the Secretary to support the
purposes of natural resource stewardship at
a System unit; and
(G) include such other terms and conditions as are agreed to by the Secretary and
the other parties to the agreement.
(3) LIMITATIONS.—The Secretary shall not
use any funds associated with an agreement
entered into under paragraph (1) for the purposes of land acquisition, regulatory activity,
or the development, maintenance, or operation of infrastructure, except for ancillary
support facilities that the Secretary determines to be necessary for the completion of
projects or activities identified in the agreement.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3135.)
HISTORICAL AND REVISION NOTES
Revised
Section
101702(a) .....

101702(b) .....

101702(d) .....

State or local government agency to provide for
the cooperative management of the Federal and
State or local park areas where a System unit is
located adjacent to or near a State or local park
area, and cooperative management between the
Service and a State or local government agency
of a portion of either the System unit or State
or local park will allow for more effective and
efficient management of the System unit and
State or local park. The Secretary may not
transfer administration responsibilities for any
System unit under this paragraph.
(b) PROVISION OF GOODS AND SERVICES.—Under
a cooperative management agreement, the Secretary may acquire from and provide to a State
or local government agency goods and services
to be used by the Secretary and the State or
local governmental agency in the cooperative
management of land.
(c) ASSIGNMENT OF EMPLOYEE.—An assignment
arranged by the Secretary under section 3372 of
title 5 of a Federal, State, or local employee for
work on any Federal, State, or local land or an
extension of the assignment may be for any period of time determined by the Secretary and
the State or local agency to be mutually beneficial.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3136.)
HISTORICAL AND REVISION NOTES

Source (U.S. Code)
16 U.S.C. 1g.

16 U.S.C. 1a–2 (matter before (a)).
16 U.S.C. 1a–2(j).

101702(c) .....

Page 44

16 U.S.C. 1a–2 (matter before (a)).
16 U.S.C. 1a–2(g).

16 U.S.C. 1j(a)
through (c).

Source (Statutes at Large)
Pub. L. 104–208, div. A, title
I, § 101(d) [title I (3d undesignated par. under heading ‘‘ADMINISTRATIVE PROVISIONS’’ under heading
‘‘NATIONAL PARK SERVICE’’)], Sept. 30, 1996, 110
Stat. 3009–189.
Pub. L. 91–383, § 3 (matter
before (a)), Aug. 18, 1970,
84 Stat. 826.
Pub. L. 91–383, § 3(j), as
added Pub. L. 104–333, div.
I, title VIII, § 818, Nov. 12,
1996, 110 Stat. 4201; Pub. L.
106–176, title I, § 118(5),
Mar. 10, 2000, 114 Stat. 28.
Pub. L. 91–383, § 3(g), Aug.
18, 1970, 84 Stat. 827; Pub.
L. 104–333, div. I, title VII,
§ 703, Nov. 12, 1996, 110
Stat. 4185; Pub. L. 106–176,
title I, § 118(1), (2), Mar. 10,
2000, 114 Stat. 28.
Pub. L. 110–229, title III,
subtitle A, § 301(a) through
(c), May 8, 2008, 122 Stat.
768.

In subsection (a), the word ‘‘Secretary’’ is substituted
for ‘‘National Park Service’’ to reflect the transfer of
functions of other officers, employees, and agencies of
the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5
U.S.C. App.). The words ‘‘in fiscal year 1997 and thereafter’’ are omitted as obsolete. The words ‘‘for the public purpose of carrying out National Park Service programs’’ are omitted as unnecessary. The words ‘‘is a cooperative agreement properly entered into under section 6305 of title 31’’ are substituted for ‘‘pursuant to
section 6305 of title 31’’ for clarity.

§ 101703. Cooperative management agreements
(a) IN GENERAL.—To facilitate the administration of the System, the Secretary, under such
terms and conditions as the Secretary considers
advisable, may enter into an agreement with a

Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

101703 .........

16 U.S.C. 1a–2 (matter before (a)).

Pub. L. 91–383, § 3 (matter
before (a)), Aug. 18, 1970,
84 Stat. 826.
Pub. L. 91–383, § 3(l), as
added Pub. L. 105–391, title
VIII, § 802(a), Nov. 13, 1998,
112 Stat. 3523.

16 U.S.C. 1a–2(l).

§ 101704. Reimbursable agreements
(a) IN GENERAL.—In carrying out work under
reimbursable agreements with any State, local,
or tribal government, the Secretary, without regard to any provision of law or a regulation—
(1) may record obligations against accounts
receivable from those governments; and
(2) shall credit amounts received from those
governments to the appropriate account.
(b) WHEN AMOUNTS SHALL BE CREDITED.—
Amounts shall be credited within 90 days of the
date of the original request by the Service for
payment.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3137.)
HISTORICAL AND REVISION NOTES
Revised
Section
101704 .........

Source (U.S. Code)
16 U.S.C. 1i.

Source (Statutes at Large)
Pub. L. 108–7, div. F, title I
(proviso in last undesignated par. under heading
PROVI‘‘ADMINISTRATIVE
SIONS’’
under
heading
‘‘NATIONAL PARK SERVICE’’), Feb. 20, 2003, 117
Stat. 227.

The words ‘‘Heretofore and hereafter’’ and ‘‘section
1341 of title 31 or’’ are omitted as unnecessary