31 USC Chapter 63

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31 USC Ch. 63: USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE AGREEMENTS
From Title 31—MONEY AND FINANCE
SUBTITLE V—GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63—USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE AGREEMENTS
Sec.

6301.
6302.
6303.
6304.
6305.
6306.
6307.
6308.
6309.

Purposes.
Definitions.
Using procurement contracts.
Using grant agreements.
Using cooperative agreements.
Authority to vest title in tangible personal property for research.
Interpretative guidelines and exemptions.
Use of multiple relationships for different parts of jointly financed projects.
Non-propagation of core-based statistical area delineations.
Editorial Notes

Amendments
2022—Pub. L. 117–219, §5(b), Dec. 5, 2022, 136 Stat. 2273, added item 6309.

§6301. Purposes
The purposes of this chapter are to—
(1) promote a better understanding of United States Government expenditures and help eliminate unnecessary
administrative requirements on recipients of Government awards by characterizing the relationship between
executive agencies and contractors, States, local governments, and other recipients in acquiring property and
services and in providing United States Government assistance;
(2) prescribe criteria for executive agencies in selecting appropriate legal instruments to achieve—
(A) uniformity in their use by executive agencies;
(B) a clear definition of the relationships they reflect; and
(C) a better understanding of the responsibilities of the parties to them; and
(3) promote increased discipline in selecting and using procurement contracts, grant agreements, and cooperative
agreements, maximize competition in making procurement contracts, and encourage competition in making grants
and cooperative agreements.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1003.)
Historical and Revision Notes
Revised Section
6301

Source (U.S. Code)
41:501.

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §2, 92 Stat. 3.

In the chapter, the words "procurement contract" are substituted for "contract" for consistency.
The text of 41:501(a) and (b)(4) is omitted as executed.
Statutory Notes and Related Subsidiaries

Environmental Protection Agency; Agreements and Grants Affecting Real
Property in the District of Columbia
Pub. L. 106–522, §153, Nov. 22, 2000, 114 Stat. 2474, provided that:

"(a) Nothing in the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may
be construed to prohibit the Administrator of the Environmental Protection Agency from negotiating and
entering into cooperative agreements and grants authorized by law which affect real property of the
Federal Government in the District of Columbia if the principal purpose of the cooperative agreement or
grant is to provide comparable benefits for Federal and non-Federal properties in the District of Columbia.
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"(b) Subsection (a) shall apply with respect to fiscal year 2001 and each succeeding fiscal year."
Similar provisions were contained in Pub. L. 106–553, §1(a)(1) [§153], Dec. 21, 2000, 114 Stat. 2762,
2762A-37, which was repealed, and deemed for all purposes to have never been enacted, by Pub. L. 106–
554, §1(a)(4) [div. A, §406(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-189, effective as if included in Pub. L.
106–553 on the date of its enactment. See section 1(a)(4) [div. A, §406] of Pub. L. 106–554, set out as an
Effective Date and Construction of 2000 Amendment note under section 1155 of Title 20, Education.

§6302. Definitions
In this chapter—
(1) "executive agency" does not include a mixed-ownership Government corporation.
(2) "grant agreement" and "cooperative agreement" do not include an agreement under which is provided only—
(A) direct United States Government cash assistance to an individual;
(B) a subsidy;
(C) a loan;
(D) a loan guarantee; or
(E) insurance.
(3) "local government" means a unit of government in a State, a local public authority, a special district, an
intrastate district, a council of governments, a sponsor group representative organization, an interstate entity, or
another instrumentality of a local government.
(4) "other recipient" means a person or recipient (except a State or local government) authorized to receive United
States Government assistance or procurement contracts and includes a charitable or educational institution.
(5) "State" means a State of the United States, the District of Columbia, a territory or possession of the United
States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental
duties and powers.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1003.)
Historical and Revision Notes
Revised Section
6302(1)
6302(2)
6302(3)
6302(4)
6302(5)

Source (U.S. Code)
41:502(4).
41:502(5).
41:502(2).
41:502(3).
41:502(1).

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §3, 92 Stat. 4.

Clause (3) restates the source provisions because of the definition of "executive agency" in section 102
of the revised title. The words "a county, municipality, city, town, township" are omitted as being included
in "a unit of government in a State".
In clause (5), the words "the Commonwealth of Puerto Rico" are omitted as being included in "territory
or possession of the United States" and as unnecessary because of 48:734. The words "duties and
powers" are substituted for "functions" for consistency in the revised title and with other titles of the United
States Code.

§6303. Using procurement contracts
An executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the
United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) property or services for the
direct benefit or use of the United States Government; or
(2) the agency decides in a specific instance that the use of a procurement contract is appropriate.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
Historical and Revision Notes
Revised Section
6303

Source (U.S. Code)
41:503.

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §4, 92 Stat. 4.

The words "type of" are omitted as unnecessary. The word "decides" is substituted for "determines" for
consistency.
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§6304. Using grant agreements
An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the
United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other
recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of
acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States
Government; and
(2) substantial involvement is not expected between the executive agency and the State, local government, or
other recipient when carrying out the activity contemplated in the agreement.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
Historical and Revision Notes
Revised Section
6304

Source (U.S. Code)
41:504.

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §5, 92 Stat. 4.

The words "type of" are omitted as unnecessary. The words "money, property, services" are omitted as
being included in "a thing of value". The words "in order" are omitted as surplus. The words "law of the
United States" are substituted for "Federal statute" for consistency.

§6305. Using cooperative agreements
An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the
United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State, local government, or other
recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of
acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States
Government; and
(2) substantial involvement is expected between the executive agency and the State, local government, or other
recipient when carrying out the activity contemplated in the agreement.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
Historical and Revision Notes
Revised Section
6305

Source (U.S. Code)
41:505.

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §6, 92 Stat. 5.

The words "type of" are omitted as unnecessary. The words "money, property, services" are omitted as
being included in "a thing of value". The words "law of the United States" are substituted for "Federal
statute" for consistency.
Statutory Notes and Related Subsidiaries

Implementation of North American Wetlands Conservation Act and North
American Waterfowl Management Plan
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995, provided that: "Notwithstanding the provisions of the
Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Fish and Wildlife
Service is hereafter authorized to negotiate and enter into cooperative arrangements and grants with
public and private agencies, organizations, institutions, and individuals to implement on a public-private
cost sharing basis, the North American Wetlands Conservation Act [16 U.S.C. 4401 et seq.] and the North
American Waterfowl Management Plan".

Printing of Educational Materials and Continuation of Challenge CostShare Program
Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1018, provided that: "Notwithstanding the provisions of
the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Forest Service is
authorized hereafter to negotiate and enter into cooperative arrangements with public and private
agencies, organizations, institutions, and individuals to print educational materials and to continue the
Challenge Cost-Share Program."
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Bureau of Land Management; Authorization To Use Cooperative
Arrangements To Implement Challenge Cost-Share Programs
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1918, provided in part that: "the Bureau [of Land
Management] is authorized hereafter to negotiate and enter into cooperative arrangements with public
and private agencies, organizations, institutions, and individuals, to implement challenge cost-share
programs."

§6306. Authority to vest title in tangible personal property for research
The head of an executive agency may vest title in tangible personal property in a nonprofit institution of higher
education or in a nonprofit organization whose primary purpose is conducting scientific research—
(1) when the property is bought with amounts provided under a procurement contract, grant agreement, or
cooperative agreement with the institution or organization to conduct basic or applied scientific research;
(2) when the head of the agency decides the vesting furthers the objectives of the agency;
(3) without further obligation to the United States Government; and
(4) under conditions the head of the agency considers appropriate.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
Historical and Revision Notes
Revised Section
6306

Source (U.S. Code)
41:506.

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §7, 92 Stat. 5.

The text of 41:506(a) is omitted as unnecessary because it duplicates the requirements of sections
6303–6305 of the revised title. The word "equipment" is omitted as being included in "tangible personal
property". The words "amounts provided under a contract, grant agreement, or cooperative agreement"
are substituted for "such funds" for clarity. The words "decides the vesting" are substituted for "it is
deemed" for clarity. The word "conditions" is substituted for "terms and conditions" because it is inclusive.

§6307. Interpretative guidelines and exemptions
The Director of the Office of Management and Budget may—
(1) issue supplementary interpretative guidelines to promote consistent and efficient use of procurement contracts,
grant agreements, and cooperative agreements; and
(2) exempt a transaction or program of an executive agency from this chapter.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1005.)
Historical and Revision Notes
Revised Section
6307(1)
6307(2)

Source (U.S. Code)
41:508.
41:501(note).

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §9, 92 Stat. 6.
Feb. 3, 1978, Pub. L. 95–224, §10(d), 92
Stat. 6; Apr. 1, 1982, Pub. L. 97–162, 96
Stat. 23.

In clause (2), the word "exempt" is substituted for "except" for consistency.

§6308. Use of multiple relationships for different parts of jointly financed projects
This chapter does not require an executive agency to establish only one relationship between the United States
Government and a State, a local government, or other recipient on a jointly financed project involving amounts from
more than one program or appropriation when different relationships would otherwise be appropriate for different parts
of the project.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1005.)
Historical and Revision Notes
Revised Section
6308

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Source (U.S. Code)
41:509.

Source (Statutes at Large)
Feb. 3, 1978, Pub. L. 95–224, §10(c), 92
Stat. 6.
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The word "financed" is substituted for "funded", and the word "amounts" is substituted for "funds", for
consistency in the revised title.

§6309. Non-propagation of core-based statistical area delineations
(a) In General.—Beginning on the date of enactment of the MAPS Act of 2021, and notwithstanding any other
provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of
title 44—
(1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any
such use as required through—
(A) statutory reference to any core-based statistical area delineation; or
(B) administrative or regulatory reference to any core-based statistical area delineation; and
(2) shall propagate for any non-statistical use by any domestic assistance program only—
(A) if a relevant agency determines that such a propagation—
(i) supports the purposes of the program; and
(ii) is in the public interest; and
(B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5.
(b) Definitions.—The definitions in section 4 of the MAPS Act of 2021 shall apply to this section.
(Added Pub. L. 117–219, §5(a), Dec. 5, 2022, 136 Stat. 2272.)
Statutory Notes and Related Subsidiaries

References in Text
The date of enactment of the MAPS Act of 2021, referred to in subsec. (a), is the date of enactment of

Pub. L. 117–219, which was approved Dec. 5, 2022.

Section 4 of the MAPS Act of 2021, referred to in subsec. (b), is section 4 of Pub. L. 117–219, which is
set out as a note under section 6102 of this title.

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