16 U.S. Code § 565a–1 - Cooperative agreements between Secretary of Agriculture and public or private agencies, organizations, institutions, and persons covering Forest Service programs; authority; funding

To facilitate the administration of the programs and activities of the Forest Service, the Secretary is authorized to negotiate and enter into cooperative agreements with public or private agencies, organizations, institutions, or persons to construct, operate, and maintain cooperative pollution abatement equipment and facilities, including sanitary landfills, water systems, and sewer systems; to engage in cooperative manpower and job training and development programs; to develop and publish cooperative environmental education and forest history materials; and to perform forestry protection, including fire protection, timber stand improvement, debris removal, and thinning of trees. The Secretary may enter into aforesaid agreements when he determines that the public interest will be benefited and that there exists a mutual interest other than monetary considerations. In such cooperative arrangements, the Secretary is authorized to advance or reimburse funds to cooperators from any Forest Service appropriation available for similar kinds of work or by furnishing or sharing materials, supplies, facilities, or equipment without regard to the provisions of section 3324(a) and (b) of title 31, relating to the advance of public moneys.

(Pub. L. 94–148, § 1, Dec. 12, 1975, 89 Stat. 804.)

Editorial Notes

Codification

“Section 3324(a) and (b) of title 31” substituted in text for “the Act of January 31, 1823 (Rev. Stat. 3648, as amended; 31 U.S.C. 529)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Statutory Notes and Related Subsidiaries

Inapplicability of Chapter 63 of Title 31

Chapter 63 of title 31 not applicable to an agreement entered into under this section, see section 1011a(d)(2) of this title.

Forest Service Partnership Agreements

Pub. L. 113–76, div. G, title IV, § 426, Jan. 17, 2014, 128 Stat. 344, provided that:

“(a) Agreements Authorized.—

The Secretary of Agriculture may enter into an agreement under section 1 of Public Law 94–148 (16 U.S.C. 565a–1) with a Federal, tribal, State, or local government or a nonprofit entity for the following additional purposes:

“(1) To develop, produce, publish, distribute, or sell educational and interpretive materials and products.

“(2) To develop, conduct, or sell educational and interpretive programs and services.

“(3) To construct, maintain, or improve facilities not under the jurisdiction, custody, or control of the Administrator of General Services on or in the vicinity of National Forest System lands for the sale or distribution of educational and interpretive materials, products, programs, and services.

“(4) To operate facilities (including providing the services of Forest Service employees to staff facilities) in any public or private building or on land not under the jurisdiction, custody, or control of the Administrator of General Services for the sale or distribution of educational and interpretive materials, products, programs, and services, pertaining to National Forest System lands, private lands, and lands administered by other public entities.

“(5) To sell health and safety products, visitor convenience items, or other similar items (as determined by the Secretary) in facilities not under the jurisdiction, custody, or control of the Administrator of General Services on or in the vicinity of National Forest System lands.

“(6) To collect funds on behalf of cooperators from the sale of materials, products, programs, and services, as authorized by a preceding paragraph, when the collection of such funds is incidental to other duties of Forest Service employees.

“(b) Treatment of Contributions of Volunteers.—

The Forest Service may consider the value of services performed by persons who volunteer their services to the Forest Service and who are recruited, trained, and supported by a cooperator as an in-kind contribution of the cooperator for purposes of any cost sharing requirement under any Forest Service authority to enter into mutual benefit agreements.

“(c) Duration.—

The authority provided by subsections (a) and (b) expires September 30, 2019.”

[Pub. L. 117–328, div. G, title IV, § 425, Dec. 29, 2022, 136 Stat. 4826, provided that:

“Section 426 of division G of Public Law 113–76 (16 U.S.C. 565a–1 note) [set out above] shall be applied by substituting ‘September 30, 2023’ for ‘September 30, 2019’.”

]

[Similar provisions were contained in the following prior appropriation acts:

[Pub. L. 117–103, div. G, title IV, § 425, Mar. 15, 2022, 136 Stat. 415.]

[Pub. L. 116–260, div. G, title IV, § 427, Dec. 27, 2020, 134 Stat. 1542.]

[Pub. L. 116–94, div. D, title IV, § 430, Dec. 20, 2019, 133 Stat. 2749.]

Mutual Benefit of Agreements to Forest Service and Other Parties

Pub. L. 108–7, div. F, title III, § 321, Feb. 20, 2003, 117 Stat. 274, as amended by Pub. L. 109–54, title IV, § 426, Aug. 2, 2005, 119 Stat. 555; Pub. L. 110–161, div. F, title IV, § 417, Dec. 26, 2007, 121 Stat. 2149, provided that:

“Until September 30, 2010, the authority of the Secretary of Agriculture to enter into an agreement under the first section of Public Law 94–148 (16 U.S.C. 565a–1) for a purpose described in such section includes the authority to use that legal instrument when the principal purpose of the resulting relationship is to the mutually significant benefit of the Forest Service and the other party or parties to the agreement, including nonprofit entities. An agreement entered into under this section shall not be subject to Public Law 95–224, Federal Grant and Cooperative Agreement Act (1977) [see section 6301 et seq. of Title 31, Money and Finance].”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 107–63, title III, § 328, Nov. 5, 2001, 115 Stat. 470.