PocketLaw | USC 16 | Cooperative and interagency agreements for land

Cooperative and interagency agreements for land management on installations

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§670c–1. Cooperative and interagency agreements for land management on installations

(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.

(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 .)

Codification

Pub. L. 113–291, §312, which directed amendment of section "103A" of the Sikes Act, was executed to this section, which is section 103a of that Act, to reflect the probable intent of Congress. See 2014 Amendment notes below.

Amendments

2014-Subsec. (b). Pub. L. 113–291, §312(a), designated existing provisions as par. (1) and added pars. (2) and (3). See Codification note above.

Subsec. (c). Pub. L. 113–291, §312(b), amended subsec. (c) generally. See Codification note above. Prior to amendment, text read as follows: "Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds and shall not be considered, nor be treated as, cooperative agreements to which chapter 63 of title 31 applies."

2013-Subsec. (a). Pub. L. 112–239, which directed amendment of section 103A of Pub. L. 86–797 by inserting "Indian tribes," after "local governments," in introductory provisions of subsec. (a), was executed to this section, which is section 103a of Pub. L. 86–797, to reflect the probable intent of Congress.

2011-Pub. L. 112–81, §312(b)(3)(A), (B), inserted section catchline.

Subsec. (a). Pub. L. 112–81, §312(b)(3)(C), inserted heading.

Subsec. (a)(1). Pub. L. 112–81, §312(a)(3)(A), substituted "military installations and State-owned National Guard installations" for "Department of Defense installations".

Subsec. (a)(2). Pub. L. 112–81, §312(a)(3)(B), substituted "military installation or State-owned National Guard installation" for "Department of Defense installation".

Subsec. (c). Pub. L. 112–81, §312(b)(3)(D), inserted heading.

2009-Pub. L. 111–84 inserted, in section catchline, "and interagency" after "Cooperative", in subsec. (a), ", and into interagency agreements with the heads of other Federal departments and agencies," after "and individuals" in introductory provisions and "or interagency agreement" after "cooperative agreement" in par. (2), in subsec. (b), "or interagency agreement" after "cooperative agreement", and, in subsec. (c), "and interagency agreements" after "Cooperative agreements".

2008-Subsec. (a). Pub. L. 110–417 substituted "to provide for the following:

"(1) The"

for "to provide for the" and added par. (2).

1997-Subsec. (a). Pub. L. 105–85, §2908(1), substituted "Secretary of a military department" for "Secretary of Defense".

Subsec. (b). Pub. L. 105–85, §2908(2), added heading and text of subsec. (b) and struck out former subsec. (b) which read as follows: "A cooperative agreement shall provide for the Secretary of Defense and the other party or parties to the agreement-

"(1) to contribute funds on a matching basis to defray the cost of programs, projects, and activities under the agreement; or

"(2) to furnish services on a matching basis to carry out such programs, projects, and activities,

or to do both."

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (b)(3) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

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