The Secretary of a military department may enter into cooperative agreements with States, local governments, Indian tribes, nongovernmental organizations, and individuals, and into interagency agreements with the heads of other Federal departments and agencies, to provide for the following:

(1) The maintenance and improvement of natural resources on, or to benefit natural and historic research on, military installations and State-owned National Guard installations.

(2) The maintenance and improvement of natural resources located off of a military installation or State-owned National Guard installation if the purpose of the cooperative agreement or interagency agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, whether directly or indirectly, current or anticipated military activities.

In the case of a cooperative agreement under subsection (a)(2), such funds—

(1) Funds appropriated to the Department of Defense for a fiscal year may be obligated to cover the cost of goods and services provided under a cooperative agreement or interagency agreement entered into under subsection (a) or through an agency agreement under section 1535 of title 31 during any 18-month period beginning in that fiscal year, without regard to whether the agreement crosses fiscal years.

In the case of a cooperative agreement under subsection (a)(2), such funds—

(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and

(B) may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.

(3) If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds.

Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.

(Pub. L. 86–797, title I, § 103a, as added Pub. L. 101–189, div. B, title XXVIII, § 2845(a), Nov. 29, 1989, 103 Stat. 1664; amended Pub. L. 105–85, div. B, title XXIX, § 2908, Nov. 18, 1997, 111 Stat. 2021; Pub. L. 110–417, [div. A], title III, § 313, Oct. 14, 2008, 122 Stat. 4409; Pub. L. 111–84, div. A, title III, § 313, Oct. 28, 2009, 123 Stat. 2248; Pub. L. 112–81, div. A, title III, § 312(a)(3), (b)(3), Dec. 31, 2011, 125 Stat. 1352, 1353; Pub. L. 112–239, div. A, title III, § 312(a), Jan. 2, 2013, 126 Stat. 1691; Pub. L. 113–291, div. A, title III, § 312, Dec. 19, 2014, 128 Stat. 3336.)