16 U.S.C. § 1442: Cooperative agreements…

Summary

Gives the Secretary broad authority to work with others and get money, property, or help to carry out the chapter’s goals, including designating and running national marine sanctuaries. The Secretary can make cooperative agreements, contracts, or grants with States, local or regional governments, interstate agencies, other organizations, or people. The Secretary can also let nonprofit groups raise private donations and can accept donations of money, property, or services; those donations count as gifts to the United States. The Secretary can buy, lease, or trade for land, buildings, or other property needed. The Secretary may use staff, services, or facilities from State or federal agencies with or without reimbursement. Even if another law would otherwise bar it, the Secretary may apply for, accept, and use grants from other governments, agencies, foundations, or private parties.

Title 16, §1442

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(a)Agreements and grants

The Secretary may enter into cooperative agreements, contracts, or other agreements with, or make grants to, States, local governments, regional agencies, interstate agencies, or other persons to carry out the purposes and policies of this chapter.

(b)Authorization to solicit donations

The Secretary may enter into such agreements with any nonprofit organization authorizing the organization to solicit private donations to carry out the purposes and policies of this chapter.

(c)Donations

The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this chapter. Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States.

(d)Acquisitions

The Secretary may acquire by purchase, lease, or exchange, any land, facilities, or other property necessary and appropriate to carry out the purposes and policies of this chapter.

(e)Use of resources of other government agencies

The Secretary may, whenever appropriate, enter into an agreement with a State or other Federal agency to use the personnel, services, or facilities of such agency on a reimbursable or nonreimbursable basis, to assist in carrying out the purposes and policies of this chapter.

(f)Authority to obtain grants

Notwithstanding any other provision of law that prohibits a Federal agency from receiving assistance, the Secretary may apply for, accept, and use grants from other Federal agencies, States, local governments, regional agencies, interstate agencies, foundations, or other persons, to carry out the purposes and policies of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (a). Pub. L. 106–513, § 12(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary may enter into cooperative agreements, financial agreements, grants, contracts, or other agreements with States, local governments, regional agencies, interstate agencies, or other persons to carry out the purposes and policies of this chapter.” Subsecs. (e), (f). Pub. L. 106–513, § 12(b), added subsecs. (e) and (f). 1996—Pub. L. 104–283 made technical amendment to directory language of Pub. L. 102–587. See 1992 Amendment note below. 1992—Pub. L. 102–587, as amended by Pub. L. 104–283, amended section generally. Prior to amendment, section read as follows: “(a) Cooperative Agreements.—The Secretary may enter into cooperative agreements with any nonprofit organization— “(1) to aid and promote interpretive, historical, scientific, and educational activities; and “(2) for the solicitation of private donations for the support of such activities. “(b) Donations.—The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this chapter.”

Statutory Notes and Related Subsidiaries

Enhancing Support for National Marine Sanctuaries section 2204 of title II of Pub. L. 102–587, which was formerly set out as a note under this section, was renumbered section 316 of Pub. L. 92–532, The National Marine Sanctuaries Act, by Pub. L. 104–283, § 6(a), Oct. 11, 1996, 110 Stat. 3364, and is classified to section 1445b of this title.

§1442 Cooperative Agreements, Donations, and Acquisitions