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54 U.S.C. § 101702Cooperative agreements

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 689 words · no verdicts yet

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The Park Service can partner with governments, schools, and nonprofits and share money, staff, and resources for research, training, and protecting natural resources, both inside and outside parks. It can also sell products from its living history demonstrations. Money from these deals mostly can't be used to buy land or build major new infrastructure.

(a) Transfer of Service Appropriated Funds. If a cooperative agreement transfers Service appropriated funds to a State, local, or tribal government, another public entity, an educational institution, or a private nonprofit organization, to carry out the public purposes of a Service program, that agreement counts as a cooperative agreement properly made under section 6305 of title 31. (b) Cooperative Research and Training Programs. (1) To help run the System, the Secretary may: (A) make cooperative agreements with public or private schools, States, and their political subdivisions to build coordinated research and training programs about the System's resources; and (B) under such an agreement, give to (or accept from) the cooperator technical and support staff, financial assistance for research projects both sides agree to, supplies, equipment, facilities, and administrative services related to cooperative research units the Secretary finds appropriate. (2) This subsection does not excuse research projects from any Federal procurement regulations that would otherwise apply. (c) Sale of Products and Services Produced in the Conduct of Living Exhibits and Interpretive Demonstrations. To help run the System, the Secretary may: (1) sell, at fair market value, products and services made in the course of living exhibits and interpretive demonstrations at System units — without having to follow certain federal procurement rules (chapters 1 to 11 of title 40, and most of division C of subtitle I of title 41, except a short list of specific sections); (2) make contracts, including cooperative arrangements, related to those living exhibits and demonstrations; and (3) put the money earned from these sales and contracts back into the appropriation that pays for the exhibits and demonstrations. (d) Cooperative Agreements for System Unit Natural Resource Protection. (1) The Secretary may make cooperative agreements with State, local, or tribal governments, other federal agencies, other public entities, schools, private nonprofits, or willing private landowners. The purpose must be protecting a System unit's natural resources, through joint work on land both inside and outside the unit. (2) Every such agreement must clearly and directly benefit the unit's natural resources, and must: (A) address at least one of — preserving, conserving, or restoring coastal and riparian systems, watersheds, and wetlands; preventing, controlling, or eradicating invasive species in or near the unit; or restoring natural resources like native wildlife habitat or ecosystems; (B) include a statement explaining how the agreement will improve science-based resource stewardship at the unit and benefit everyone involved; (C) specify what staff and technical help the Secretary or the other parties will provide to protect the unit's resources and benefit the parties; (D) identify any materials, supplies, equipment, or other resources that the parties, or other federal agencies, will contribute; (E) describe any financial assistance the Secretary or partners will provide; (F) make sure any money the Secretary spends under the agreement genuinely supports natural resource stewardship at the unit; and (G) include any other terms the Secretary and the other parties agree to. (3) The Secretary cannot use money from one of these agreements to buy land, carry out regulatory activity, or build, maintain, or operate infrastructure — except for small support facilities the Secretary decides are necessary to finish the agreement's projects.
the actual law source: uscode.house.gov ↗public domain
(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 Programs.—
(1)In general.—

To facilitate the administration 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 institutions, States, and political subdivisions of States to develop adequate, coordinated, cooperative research and training programs concerning the resources of the System; and

(B)

pursuant to an agreement, accept from and make available to the cooperator technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative 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 procurement regulations.

(c)Sale of Products and Services Produced in the Conduct of Living Exhibits and Interpretive Demonstrations.—

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary 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 cooperative arrangements, with respect to living exhibits and interpretive demonstrations in System 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 participating 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 System unit natural resources and—

(A)

provide for—

(i)

the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;

(ii)

preventing, controlling, or eradicating invasive exotic species that are within a System unit or adjacent to a System unit; or

(iii)

restoration of natural resources, including native wildlife habitat or ecosystems;

(B)

include a statement of purpose demonstrating how the agreement will—

(i)

enhance science-based natural resource stewardship at the System unit; and

(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 System 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 agreement 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 determined by the Secretary to support the purposes of natural resource stewardship at a System unit; and

(G)

include such other terms and conditions 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 purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3135.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3135

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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