Title 54National Park Service and Related ProgramsRelease 119-73not60

§101702 Cooperative Agreements

Title 54 › Subtitle Subtitle I— National Park System › Chapter 1017— FINANCIAL AGREEMENTS › § 101702

Last updated Apr 5, 2026|Official source

Summary

The Secretary can make cooperative agreements that move Service money to States, tribes, local governments, public entities, schools, or nonprofit groups to carry out public work for the System. The Secretary may work with schools, States, and local governments to set up coordinated research and training. Under those agreements, the Secretary can provide staff, money for agreed research, supplies, equipment, facilities, and administrative help. Federal procurement rules that apply to some research projects still must be followed. The Secretary may sell, at fair market value, products and services from living exhibits and demonstrations in System units without following chapters 1–11 of title 40 and parts of subtitle I of title 41, except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711. The Secretary can also contract for living exhibits and credit the money earned to the appropriation that paid for the exhibits. The Secretary can also make cooperative agreements with governments, other agencies, schools, nonprofits, or private landowners to protect natural resources on land inside and outside System units. Those agreements must clearly help the unit’s natural resources and cover things like preserving and restoring coasts, riversides, watersheds, and wetlands; preventing or removing invasive nonnative species in or next to a unit; and restoring native wildlife habitat or ecosystems. Each agreement must state its purpose and show how it will improve science-based care and benefit the partners. It must list needed staff and technical help, say what materials or equipment each party will provide, describe any financial help, and include other agreed terms. Money from these agreements cannot be used to buy land, carry out regulatory work, or build or run infrastructure, except for small support facilities the Secretary finds necessary to finish the agreed projects.

Full Legal Text

Title 54, §101702

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)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)(1)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)This subsection does not waive any requirements for research projects that are subject to Federal procurement regulations.
(c)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 section 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)(1)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)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 101702(a)16 U.S.C. 1g.Pub. L. 104–208, div. A, title I, § 101(d) [title I (3d undesignated par. under heading “administrative provisions” under heading “National Park Service”)], Sept. 30, 1996, 110 Stat. 3009–189. 101702(b)16 U.S.C. 1a–2 (matter before (a)).Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1a–2(j).Pub. L. 91–383, § 3(j), as added Pub. L. 104–333, div. I, title VIII, § 818, Nov. 12, 1996, 110 Stat. 4201; Pub. L. 106–176, title I, § 118(5), Mar. 10, 2000, 114 Stat. 28. 101702(c)16 U.S.C. 1a–2 (matter before (a)). 16 U.S.C. 1a–2(g).Pub. L. 91–383, § 3(g), Aug. 18, 1970, 84 Stat. 827; Pub. L. 104–333, div. I, title VII, § 703, Nov. 12, 1996, 110 Stat. 4185; Pub. L. 106–176, title I, § 118(1), (2), Mar. 10, 2000, 114 Stat. 28. 101702(d)16 U.S.C. 1j(a) through (c).Pub. L. 110–229, title III, subtitle A, § 301(a) through (c), May 8, 2008, 122 Stat. 768. In subsection (a), the word “Secretary” is substituted for “National Park Service” to reflect the

Transfer of Functions

of other officers, employees, and agencies of the Department of the Interior to the Secretary by section 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.). The words “in fiscal year 1997 and thereafter” are omitted as obsolete. The words “for the public purpose of carrying out National Park Service programs” are omitted as unnecessary. The words “is a cooperative agreement properly entered into under section 6305 of title 31” are substituted for “pursuant to section 6305 of title 31” for clarity.

Reference

Citations & Metadata

Citation

54 U.S.C. § 101702

Title 54National Park Service and Related Programs

Last Updated

Apr 5, 2026

Release point: 119-73not60