54 U.S.C. § 101702 — Cooperative agreements

Page 45 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101702 System program, any affiliated area, or any designated national scenic trail or national historic trail. (2) COOPERATOR.—The term ‘‘cooperator’’ means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREEMENTS.—The Secretary may negotiate and enter into challenge cost-share agreements with cooperators. (c) SOURCE OF FEDERAL SHARE.—In carrying out challenge cost-share agreements, the Sec- retary may provide the Federal funding share from any funds available to the Service. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134; Pub. L. 113–40, § 10(c), Oct. 2, 2013, 127 Stat. 546.) 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 sec- tion, 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 add- ing 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 Inte- rior 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 Fed- eral funding share of challenge cost-share agree- ments for deferred maintenance projects and to cor- rect deficiencies in National Park Service infra- structure. ‘‘(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 Source (U.S. Code) Source (Statutes at Large) 101701 ......... 16 U.S.C. 1f. 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 PRO- GRAMS.— (1) IN GENERAL.—To facilitate the adminis- tration 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 institu- tions, States, and political subdivisions of States to develop adequate, coordinated, co- operative 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- nical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and ad- ministrative services relating to cooperative research units that the Secretary considers appropriate. (2) EFFECT OF SUBSECTION.—This subsection does not waive any requirements for research projects that are subject to Federal procure- ment regulations. (c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT OF LIVING EXHIBITS AND INTER- PRETIVE DEMONSTRATIONS.—To facilitate the ad- ministration of the System, the Secretary, under such terms and conditions as the Sec- retary 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 coopera- tive arrangements, with respect to living ex- hibits and interpretive demonstrations in Sys- tem 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 partici- pating 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 Sys- tem unit natural resources and— (A) provide for— (i) the preservation, conservation, and restoration of coastal and riparian sys- tems, watersheds, and wetlands; (ii) preventing, controlling, or eradi- cating invasive exotic species that are within a System unit or adjacent to a Sys- tem unit; or (iii) restoration of natural resources, in- cluding native wildlife habitat or eco- systems; (B) include a statement of purpose dem- onstrating how the agreement will— (i) enhance science-based natural re- source stewardship at the System unit; and Page 46 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101703 1 So in original. Probably should be ‘‘this subsection’’. (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 Sys- tem unit; and (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 agree- ment 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 de- termined by the Secretary to support the purposes of natural resource stewardship at a System unit; and (G) include such other terms and condi- tions 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 pur- poses of land acquisition, regulatory activity, or the development, maintenance, or oper- ation of infrastructure, except for ancillary support facilities that the Secretary deter- mines to be necessary for the completion of projects or activities identified in the agree- ment. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3135.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101702(a) ..... 16 U.S.C. 1g. Pub. L. 104–208, div. A, title I, § 101(d) [title I (3d undes- ignated par. under head- ing ‘‘ADMINISTRATIVE PRO- VISIONS’’ under heading ‘‘NATIONAL PARK SERV- ICE’’)], Sept. 30, 1996, 110 Stat. 3009–189. 101702(b) ..... 16 U.S.C. 1a–2 (mat- ter before (a)). Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1a–2(j). 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. 101702(c) ..... 16 U.S.C. 1a–2 (mat- ter before (a)). 16 U.S.C. 1a–2(g). 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. 101702(d) ..... 16 U.S.C. 1j(a) through (c). 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 sec- tions 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.). The words ‘‘in fiscal year 1997 and there- after’’ are omitted as obsolete. The words ‘‘for the pub- lic purpose of carrying out National Park Service pro- grams’’ are omitted as unnecessary. The words ‘‘is a co- operative agreement properly entered into under sec- tion 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 administra- tion of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may enter into an agreement with an eligible entity managing lands and waters lo- cated near a System unit to provide for coopera- tive management of either a System unit or the lands and waters located near a System unit to promote more effective and efficient manage- ment of a System unit. The Secretary may not transfer administration responsibilities for any System unit under this paragraph.1 (b) PROVISION OF GOODS AND SERVICES.— (1) IN GENERAL.—Under a cooperative man- agement agreement, the Secretary may ac- quire by purchase, donation, or exchange from and provide to an eligible entity on a reim- bursable basis goods and services to be used by the Secretary or the eligible entity in the co- operative management of land and waters. (2) RETENTION OF FUNDS.—Reimbursements received under this section may be credited to the appropriation current at the time reim- bursements are received. (c) CO-LOCATION.—Under the cooperative man- agement agreement, the Secretary and an eligi- ble entity may co-locate in offices and facilities owned or leased by either party. (d) EMPLOYEES.— (1) ASSIGNMENT OF EMPLOYEE.—The Sec- retary may arrange an assignment under sec- tion 3372 of title 5 of a Federal employee or an employee of an eligible entity as mutually agreed upon, for work on any Federal, State, local, or Tribal land. (2) EXTENSION OF ASSIGNMENT.—The assign- ment provided in paragraph (1) may be ex- tended for any period of time determined by the Secretary and the eligible entity to be mu- tually beneficial. (e) DEFINITIONS.—In this section— (1) ELIGIBLE ENTITY.—The term ‘‘eligible en- tity’’ means a State or local entity or any po- litical subdivision thereof, or an Indian Tribe or Tribal organization. (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304(e)). (3) STATE.—The term ‘‘State’’ means each of the several States, the District of Columbia, and each territory of the United States. (4) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’ has the meaning given the term in section 4(l) of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 5304(1)). (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3136; Pub. L. 118–234, title I, § 152, Jan. 4, 2025, 138 Stat. 2867.)