31 U.S.C. § 6304 — Using grant agreements

Page 524 TITLE 31—MONEY AND FINANCE § 6303 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 6302(3) ..... 41:502(2). 6302(4) ..... 41:502(3). 6302(5) ..... 41:502(1). Clause (3) restates the source provisions because of the definition of ‘‘executive agency’’ in section 102 of the revised title. The words ‘‘a county, municipality, city, town, township’’ are omitted as being included in ‘‘a unit of government in a State’’. In clause (5), the words ‘‘the Commonwealth of Puer- to Rico’’ are omitted as being included in ‘‘territory or possession of the United States’’ and as unnecessary be- cause of 48:734. The words ‘‘duties and powers’’ are sub- stituted for ‘‘functions’’ for consistency in the revised title and with other titles of the United States Code. § 6303. Using procurement contracts An executive agency shall use a procurement contract as the legal instrument reflecting a re- lationship between the United States Govern- ment and a State, a local government, or other recipient when— (1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) prop- erty or services for the direct benefit or use of the United States Government; or (2) the agency decides in a specific instance that the use of a procurement contract is ap- propriate. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6303 ......... 41:503. Feb. 3, 1978, Pub. L. 95–224, § 4, 92 Stat. 4. The words ‘‘type of’’ are omitted as unnecessary. The word ‘‘decides’’ is substituted for ‘‘determines’’ for con- sistency. § 6304. Using grant agreements An executive agency shall use a grant agree- ment as the legal instrument reflecting a rela- tionship between the United States Government and a State, a local government, or other recipi- ent when— (1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States in- stead of acquiring (by purchase, lease, or bar- ter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when car- rying out the activity contemplated in the agreement. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6304 ......... 41:504. Feb. 3, 1978, Pub. L. 95–224, § 5, 92 Stat. 4. The words ‘‘type of’’ are omitted as unnecessary. The words ‘‘money, property, services’’ are omitted as being included in ‘‘a thing of value’’. The words ‘‘in order’’ are omitted as surplus. The words ‘‘law of the United States’’ are substituted for ‘‘Federal statute’’ for con- sistency. § 6305. Using cooperative agreements An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Govern- ment and a State, a local government, or other recipient when— (1) the principal purpose of the relationship is to transfer a thing of value to the State, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States in- stead of acquiring (by purchase, lease, or bar- ter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is expected be- tween the executive agency and the State, local government, or other recipient when car- rying out the activity contemplated in the agreement. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6305 ......... 41:505. Feb. 3, 1978, Pub. L. 95–224, § 6, 92 Stat. 5. The words ‘‘type of’’ are omitted as unnecessary. The words ‘‘money, property, services’’ are omitted as being included in ‘‘a thing of value’’. The words ‘‘law of the United States’’ are substituted for ‘‘Federal statute’’ for consistency. Statutory Notes and Related Subsidiaries IMPLEMENTATION OF NORTH AMERICAN WETLANDS CON- SERVATION ACT AND NORTH AMERICAN WATERFOWL MANAGEMENT PLAN Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995, pro- vided that: ‘‘Notwithstanding the provisions of the Fed- eral Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Fish and Wildlife Service is here- after authorized to negotiate and enter into coopera- tive arrangements and grants with public and private agencies, organizations, institutions, and individuals to implement on a public-private cost sharing basis, the North American Wetlands Conservation Act [16 U.S.C. 4401 et seq.] and the North American Waterfowl Man- agement Plan’’. PRINTING OF EDUCATIONAL MATERIALS AND CONTINUATION OF CHALLENGE COST-SHARE PROGRAM Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1018, provided that: ‘‘Notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Forest Service is authorized hereafter to negotiate and enter into cooperative ar- rangements with public and private agencies, organiza- tions, institutions, and individuals to print educational materials and to continue the Challenge Cost-Share Program.’’ BUREAU OF LAND MANAGEMENT; AUTHORIZATION TO USE COOPERATIVE ARRANGEMENTS TO IMPLEMENT CHALLENGE COST-SHARE PROGRAMS Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1918, pro- vided in part that: ‘‘the Bureau [of Land Management] is authorized hereafter to negotiate and enter into co- operative arrangements with public and private agen- cies, organizations, institutions, and individuals, to im- plement challenge cost-share programs.’’