54 U.S.C. § 101703 — Cooperative management agreements

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.) Page 47 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101911 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101703 ......... 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(l). Pub. L. 91–383, § 3(l), as added Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3523. Editorial Notes AMENDMENTS 2025—Pub. L. 118–234 amended section generally. Prior to amendment, section related to cooperative manage- ment agreements. Statutory Notes and Related Subsidiaries AUTHORIZING COOPERATIVE MANAGEMENT AGREEMENTS BETWEEN THE DISTRICT OF COLUMBIA AND THE SEC- RETARY OF THE INTERIOR Pub. L. 116–9, title II, § 2403, Mar. 12, 2019, 133 Stat. 747, provided that: ‘‘The Secretary [of the Interior] may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, United States Code.’’ § 101704. Reimbursable agreements (a) IN GENERAL.—In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary, without re- gard 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 Source (U.S. Code) Source (Statutes at Large) 101704 ......... 16 U.S.C. 1i. Pub. L. 108–7, div. F, title I (proviso in last undesig- nated par. under heading ‘‘ADMINISTRATIVE PROVI- SIONS’’ under heading ‘‘NATIONAL PARK SERV- ICE’’), Feb. 20, 2003, 117 Stat. 227. The words ‘‘Heretofore and hereafter’’ and ‘‘section 1341 of title 31 or’’ are omitted as unnecessary CHAPTER 1019—CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS SUBCHAPTER I—AUTHORITY OF SECRETARY Sec. 101901. Utility services. SUBCHAPTER II—COMMERCIAL VISITOR SERVICES 101911. Definitions. 101912. Findings and declaration of policy. 101913. Award of concession contracts. 101914. Term of concession contracts. 101915. Protection of concessioner investment. 101916. Reasonableness of rates and charges. 101917. Franchise fees. 101918. Transfer or conveyance of concession con- tracts or leasehold surrender interests. Sec. 101919. National Park Service Concessions Manage- ment Advisory Board. 101920. Contracting for services. 101921. Multiple contracts within a System unit. 101922. Use of nonmonetary consideration in conces- sion contracts. 101923. Recordkeeping requirements. 101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts. 101925. Commercial use authorizations. 101926. Regulations. Editorial Notes CODIFICATION Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1492, added subchapter III of this chapter without cor- responding amendment of chapter analysis. For anal- ysis of subchapter III, see table of sections set out pre- ceding section 101931 of this title. SUBCHAPTER I—AUTHORITY OF SECRETARY § 101901. Utility services To facilitate the administration of the Sys- tem, the Secretary, under such terms and condi- tions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to conces- sioners, contractors, permittees, or other users of the services, within the System. The reim- bursements for cost of the services may be cred- ited to the appropriation current at the time re- imbursements are received. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3137.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101901 ......... 16 U.S.C. 1b (matter before (1)). Aug. 8, 1953, ch. 384, § 1 (mat- ter before (1)), (4), 67 Stat. 495; Pub. L. 91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1b(4). The words ‘‘and he may use applicable appropriations for the aforesaid system for the following purposes’’ are omitted as unnecessary. SUBCHAPTER II—COMMERCIAL VISITOR SERVICES § 101911. Definitions In this subchapter: (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the National Park Service Con- cessions Management Advisory Board estab- lished under section 101919 of this title. (2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential right of renewal’’ means the right of a concessioner, subject to a deter- mination by the Secretary that the facilities or services authorized by a prior contract con- tinue to be necessary and appropriate within the meaning of section 101912 of this title, to match the terms and conditions of any com- peting proposal that the Secretary determines to be the best proposal for a proposed new con- cession contract that authorizes the continu- ation of the facilities and services provided by the concessioner under its prior contract.