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Title 16 — Conservation

Chapter 32 — Marine Sanctuaries

§ 1442. Cooperative agreements, donations, and acquisitions

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Marine Protection, Research, and Sanctuaries Act of 1972

    Pub. L. 92–532 title III § 311 · 86 Stat. 1052

    Enacted · 16 U.S.C. § 1442

    Pub. L. 92–532, title III, § 311, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3215

    Source evidence

    Code source credit
    Pub. L. 92–532, title III, § 311, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3215

  2. National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 title II § 2109 · 106 Stat. 5039

    1. Amended · 16 U.S.C. § 1442

      Pub. L. 102–587, as amended by Pub. L. 104–283

    2. Amended · 16 U.S.C. § 1442

      Pub. L. 102–587, as amended section generally. Prior to amendment, section read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 2109. COOPERATIVE AGREEMENTS; DONATIONS, AND ACQUISITIONS. “Section 311 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1442) is amended to read as follows: “SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS. “(a) Cooperative Agreements, Grants and Other Agreements.— 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 title. “(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 title. “(c) Donations.— The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this title. 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 title.”.

  3. National Marine Sanctuaries Preservation Act

    Pub. L. 104–283 § 9(d) · 110 Stat. 3363

    Changed · 16 U.S.C. § 1442

    Pub. L. 104–283 made technical amendment to directory language of Pub. L. 102–587. See 1992 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 104–283 made technical amendment to directory language of Pub. L. 102–587. See 1992 Amendment note below.

    Enacted provision · exact public law section
    (d) Section 2109 of the National Marine Sanctuaries Program Amendments Act of 1992 (106 Stat. 5045) is amended by striking 16 USC 1442. the open quotation marks before “Section 311”.

  4. Pub. L. 106–513 § 12(a) · 114 Stat. 2381

    Amended · 16 U.S.C. § 1442(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) Agreements and Grants.— Section 311(a) (16 U.S.C. 1442(a)) is amended to read as follows: “(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 title.”.

  5. Pub. L. 106–513 § 12(b) · 114 Stat. 2381

    Added · 16 U.S.C. § 1442(e); 16 U.S.C. § 1442(f)

    Pub. L. 106–513, § 12(b), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 106–513, § 12(b), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (b) Use of Resources From Other Government Agencies.— Section 311 (16 U.S.C. 1442) is amended by adding at the end the following: “(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 title. “(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 title.”.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1992–2000 · 3 rounds

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), , 110 Stat. 3364, and is classified to section 1445b of this title.

Credits

1988–2000 · 4 acts
  1. 1988Pub. L. 92–532, title III, § 311, as added Pub. L. 100–627, title II, § 203(3), , 102 Stat. 3215
  2. 1992amended Pub. L. 102–587, title II, § 2109, , 106 Stat. 5045
  3. 1996Pub. L. 104–283, § 9(d), , 110 Stat. 3367
  4. 2000Pub. L. 106–513, § 12, , 114 Stat. 2389.
Show as published

(Pub. L. 92–532, title III, § 311, as added Pub. L. 100–627, title II, § 203(3), , 102 Stat. 3215; amended Pub. L. 102–587, title II, § 2109, , 106 Stat. 5045; Pub. L. 104–283, § 9(d), , 110 Stat. 3367; Pub. L. 106–513, § 12, , 114 Stat. 2389.)

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