20 U.S.C. § 196 — Concessions, fees, and voluntary services

(a) In general: Despite certain federal procurement and property laws, the Secretary of Agriculture may, in furtherance of the National Arboretum's mission: (1) negotiate concessions and agreements with nonprofit scientific, educational, or supporting organizations, as long as their net proceeds are used only for research and educational work benefiting the Arboretum and for operating, maintaining, upgrading, restoring, and conserving its facilities; (2) set up commercial concessions for food, drink, and nursery sales, on terms the Secretary considers appropriate, after negotiating with a qualified person selected following public notice and consideration of all proposals received; (3) dispose of excess property, including excess plants and fish, in ways designed to maximize revenue, such as public auction — except this does not apply to the free giving away of new seed and germ plasm varieties required under section 2201 of title 7; (4) charge fees the Secretary considers reasonable for temporary use of National Arboretum facilities and grounds, for any purpose consistent with the Arboretum's mission; (5) charge fees the Secretary considers reasonable for commercial photography or filming at the Arboretum; (6) publish, in print and electronically and without following normal federal printing rules, informational brochures, books, and other materials about the Arboretum or its collections; and (7) license use of the Arboretum's name and logo for public service or commercial purposes. (b) Use of funds: Any funds the Secretary receives or collects from these activities go into a special fund in the Treasury. The Secretary may use this money for the Arboretum's use and benefit, as the Secretary considers appropriate, without needing further appropriation from Congress. (c) Acceptance of voluntary services: The Secretary may accept volunteer services from the organizations described in subsection (a)(1), and from individuals, including Arboretum employees, for the Arboretum's benefit. (d) Recognition of donors: A nonprofit organization that entered a concession or agreement under subsection (a)(1) may recognize its donors, if the Secretary approves that recognition in advance. In deciding whether to approve it, the Secretary must broadly use as much discretion as federal law allows.