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16 U.S.C. § 670c–1 — Cooperative and interagency agreements for land management on installations

submitted 37 years ago by Pub. L. 86-797 to r/title-16-CONSERVATION · 363 words · no verdicts yet

in plain englishAI-generated · not legal advice

A military-department Secretary may make cooperative or interagency agreements for natural-resources work on or near military installations when the work benefits resources or prevents interference with military activities. The section permits certain multiyear funding and investment of lump-sum payments.

(a) Agreements. A military-department Secretary may make cooperative agreements with States, local governments, Indian tribes, nongovernmental organizations, and individuals, and interagency agreements with Federal agencies, for: (1) maintaining and improving natural resources on military installations or State-owned National Guard installations, or benefiting natural and historic research there; and (2) maintaining and improving resources off such installations when the agreement is intended to relieve or eliminate current or expected challenges that could directly or indirectly restrict, impede, or interfere with current or expected military activities. (b) Multiyear agreements. (1) Defense money appropriated for a fiscal year may pay for goods and services under an agreement under (a), or an agency agreement under 31 U.S.C. § 1535, during an 18-month period beginning in that fiscal year, even if the agreement crosses fiscal years. (2) Under (a)(2), money may be paid in one sum, including future maintenance and improvement costs, and the recipient may place it in an interest-bearing or other investment account; income must be used for the same purposes as the principal. (3) If the recipient invests the money, the Defense Secretary must report its disposition to congressional defense committees every two years. (c) Funds and other law. Agreements depend on available funds. Despite 31 U.S.C. chapter 63, a cooperative agreement may acquire property or services for the United States Government’s direct benefit or use.

the actual law source: uscode.house.gov ↗public domain
(a) Authority of Secretary of military department

The Secretary of a military department may enter into cooperative agreements with States, local governments, Indian tribes, nongovernmental organizations, and individuals, and into interagency agreements with the heads of other Federal departments and agencies, to provide for the following:

(1)

The maintenance and improvement of natural resources on, or to benefit natural and historic research on, military installations and State-owned National Guard installations.

(2)

The maintenance and improvement of natural resources located off of a military installation or State-owned National Guard installation if the purpose of the cooperative agreement or interagency agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, whether directly or indirectly, current or anticipated military activities.

(b) Multiyear agreements
(1)

Funds appropriated to the Department of Defense for a fiscal year may be obligated to cover the cost of goods and services provided under a cooperative agreement or interagency agreement entered into under subsection (a) or through an agency agreement under section 1535 of title 31 during any 18-month period beginning in that fiscal year, without regard to whether the agreement crosses fiscal years.

(2)

In the case of a cooperative agreement under subsection (a)(2), such funds—

(A)

may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and

(B)

may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.

(3)

If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds.

(c) Availability of funds; agreement under other laws
(1)

Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

(2)

Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.

Source credit: (Pub. L. 86–797, title I, § 103a, as added Pub. L. 101–189, div. B, title XXVIII, § 2845(a), Nov. 29, 1989, 103 Stat. 1664; amended Pub. L. 105–85, div. B, title XXIX, § 2908, Nov. 18, 1997, 111 Stat. 2021; Pub. L. 110–417, [div. A], title III, § 313, Oct. 14, 2008, 122 Stat. 4409; Pub. L. 111–84, div. A, title III, § 313, Oct. 28, 2009, 123 Stat. 2248; Pub. L. 112–81, div. A, title III, § 312(a)(3), (b)(3), Dec. 31, 2011, 125 Stat. 1352, 1353; Pub. L. 112–239, div. A, title III, § 312(a), Jan. 2, 2013, 126 Stat. 1691; Pub. L. 113–291, div. A, title III, § 312, Dec. 19, 2014, 128 Stat. 3336.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 86-797 · 103 Stat. 1664
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 2021
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4409
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2248
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1352, 1353
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1691
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3336

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-797 on 1989-11-29.

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