When may the Service use cooperative agreements to construct facilities?
A. We may use a cooperative agreement only under the following conditions: (1) There is specific Congressional authority to do so; (2) The money, property, services, or other thing of value will be used to accomplish a public purpose; and (3) When both the Federal and non-federal parties will be substantially involved in accomplishing the purpose of the project. B. The CO has the final decision on appropriate use of cooperative agreements. C. Before using a cooperative agreement for construction, Project Managers and Project Leaders must ask the Departments Office of the Solicitor to review the project to ensure that: (1) We have legal authority to enter into a cooperative agreement; (2) There is substantial involvement by both parties to the agreement; (3) A cooperative agreement is the correct legal instrument (versus a grant, contract, etc.); and (4) All authorities, responsibilities, deliverables, budgets, and time frames for completing the agreement objectives are clearly delineat
