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(continued) shall be conducted to the maximum extent
practicable through established programs.
(2) There are authorized to be appropriated beginning with fiscal
year 1980 such funds as may be necessary to carry out the purposes
of subsection (b) of this section, and the Secretary of the
Interior and the Secretary of Commerce may each require
reimbursement from the States for expenditures made pursuant to
subsections (b)(1)(A) and (C) of this section.
(b) Law enforcement cooperative agreement
Notwithstanding any other provision of law, the Secretary of the
Interior and the Secretary of Commerce may each utilize by
agreement, with or without reimbursement, the personnel, services
and facilities of any other Federal or State agency to the extent
he deems it necessary and appropriate for effective enforcement of
any Federal or State laws on lands, waters, or interests therein
under his jurisdiction which are administered or managed for fish
and wildlife purposes and for enforcement of any laws administered
by him relating to fish and wildlife. Persons so designated by
either Secretary, who are not employees of another Federal agency -
(1) shall not be deemed a Federal employee and shall not be
subject to the provisions of law relating to Federal employment,
including those relating to hours of work, competitive
examination, rates of compensation, and Federal employee
benefits, but may be considered eligible for compensation for
work injuries under subchapter III of chapter 81 of title 5;
(2) shall be considered to be investigative or law enforcement
officers of the United States for the purposes of the tort claim
provisions of title 28;
(3) may, to the extent specified by either Secretary, search,
seize, arrest, and exercise any other law enforcement functions
or authorities under Federal laws relating to fish and wildlife,
where such authorities are made applicable by this or any other
law to employees, officers, or other persons designated or
employed by either Secretary; and
(4) shall be considered to be officers or employees of the
Department of the Interior or the Department of Commerce, as the
case may be, within the meaning of sections 111 and 1114 of title
18.
(c) Disposal of abandoned or forfeited property
(1) In general
Subject to paragraph (2), notwithstanding any other provision
of law, all fish, wildlife, plants, or any other items abandoned
or forfeited to the United States under any laws administered by
the Secretary of the Interior or the Secretary of Commerce
relating to fish, wildlife, or plants, shall be disposed of by
either Secretary in such a manner as he deems appropriate
(including, but not limited to, loan, gift, sale, or
destruction).
(2) Prohibition on sale of certain items
In carrying out paragraph (1), the Secretary of the Interior
and the Secretary of Commerce may not sell any species of fish,
wildlife, or plant, or derivative thereof, for which the sale is
prohibited by another Federal law.
(3) Use of revenues
The Secretary of the Interior and the Secretary of Commerce may
each expend any revenues received from the disposal of items
under paragraph (1), and all sums referred to in the first
sentence of section 1540(d) of this title and the first sentence
of section 3375(d) of this title -
(A) to make payments in accordance with those sections; and
(B) to pay costs associated with -
(i) shipping items referred to in paragraph (1) to and from
the place of storage, sale, or temporary or final disposal,
including temporary or permanent loan;
(ii) storage of the items, including inventory of, and
security for, the items;
(iii) appraisal of the items;
(iv) sale or other disposal of the items in accordance with
applicable law, including auctioneer commissions and related
expenses;
(v) payment of any valid liens or other encumbrances on the
items and payment for other measures required to clear title
to the items; and
(vi) in the case of the Secretary of the Interior only,
processing and shipping of eagles and other migratory birds,
and parts of migratory birds, for Native American religious
purposes.
(d) Disclaimer
Nothing in this section shall be construed to invalidate any law
enforcement agreement or delegation made by the Secretary of the
Interior or the Secretary of Commerce with respect to fish and
wildlife matters prior to November 8, 1978.
(e) to (j) Omitted
(k) Law enforcement operations
With respect to any undercover or other enforcement operation
which is necessary for the detection and prosecution of violations
of any laws administered by the United States Fish and Wildlife
Service or the National Marine Fisheries Service relating to fish,
wildlife, or plants, the Secretary of the Interior or the Secretary
of Commerce may, notwithstanding any other provision of law -
(1) direct the advance of funds which may be deposited in
commercial banks or other financial institutions;
(2) use appropriations for payment for information, rewards, or
evidence concerning violations, without reference to any rewards
to which such persons may otherwise be entitled by law, and any
moneys subsequently recovered shall be reimbursed to the current
appropriation; and
(3) use appropriations to establish or acquire proprietary
corporations or business entities as part of an undercover
operation, operate such corporations or business entities on a
commercial basis, lease space and make other necessary
expenditures, and use the proceeds from such undercover
operations to offset necessary and reasonable expenses incurred
in such operations: Provided, That at the conclusion of each such
operation the proceeds shall be deposited in the Treasury of the
United States as miscellaneous receipts.
-SOURCE-
(Pub. L. 95-616, Sec. 3 (less (e)-(j)), Nov. 8, 1978, 92 Stat.
3110; Pub. L. 97-396, Sec. 7, Dec. 31, 1982, 96 Stat. 2006; Pub. L.
105-328, Sec. 3, Oct. 30, 1998, 112 Stat. 3058.)
-REFTEXT-
REFERENCES IN TEXT
The tort claim provisions of title 28, referred to in subsec.
(b)(2), are the provisions of the Federal Tort Claims Act, which is
classified generally to section 1346(b) and to chapter 171 (Sec.
2671 et seq.) of Title 28, Judiciary and Judicial Procedure.
This section, referred to in subsec. (d), means section 3 of Pub.
L. 95-616, which in addition to enacting this section, enacted
section 712 of this title and amended sections 460k-3, 668dd, 690e,
706, and 718f of this title and sections 1114 and 3112 of Title 18,
Crimes and Criminal Procedure.
-COD-
CODIFICATION
Section is comprised of subsecs. (a) to (d) and (k) of section 3
of Pub. L. 95-616, as amended. For classification of subsecs. (e)
through (j) of section 3, see References in Text note above and
Tables.
-MISC1-
AMENDMENTS
1998 - Subsec. (c). Pub. L. 105-328 designated existing
provisions as par. (1) and inserted heading, substituted "Subject
to paragraph (2), notwithstanding" for "Notwithstanding", and added
pars. (2) and (3).
1982 - Subsec. (k). Pub. L. 97-396 added subsec. (k).
CONGRESSIONAL FINDINGS AND PURPOSES
Pub. L. 105-328, Sec. 2, Oct. 30, 1998, 112 Stat. 3057, provided
that:
"(a) Findings. - Congress finds that -
"(1) the United States Fish and Wildlife Service (referred to
in this Act [amending this section and enacting provisions set
out as a note under section 742a of this title] as the 'Service')
-
"(A) is responsible for storage and disposal of items derived
from fish, wildlife, and plants, including eagles and eagle
parts, and other items that have become the property of the
United States through abandonment or forfeiture under
applicable laws relating to fish, wildlife, or plants;
"(B) distributes many of those items for educational and
scientific uses and for religious purposes of Native Americans;
and
"(C) unless otherwise prohibited by law, may dispose of some
of those items by sale, except items derived from endangered or
threatened species, marine mammals, and migratory birds;
"(2) under law in effect on the date of enactment of this Act
[Oct. 30, 1998], the revenue from sale of abandoned items is not
available to the Service, although approximately 90 percent of
the items in possession of the Service have been abandoned; and
"(3) making revenue from the sale of abandoned items available
to the Service will enable the Service -
"(A) to cover costs incurred in shipping, storing, and
disposing of items derived from fish, wildlife, and plants; and
"(B) to make more extensive distributions of those items for
educational, scientific, and Native American religious
purposes.
"(b) Purposes. - The purposes of this Act are to make proceeds
from sales of abandoned items derived from fish, wildlife, and
plants available to the Service and to authorize the use of those
proceeds to cover costs incurred in shipping, storing, and
disposing of those items."
-End-
-CITE-
16 USC Sec. 742m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742m. Relinquishment of exclusive legislative jurisdiction
-STATUTE-
Notwithstanding any other provision of law, the Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service, may relinquish to a State, or to a Commonwealth,
territory, or possession of the United States, the exclusive
legislative jurisdiction of the United States over all or part of
any United States Fish and Wildlife Service lands or interests
therein, including but not limited to National Wildlife Refuge
System and National Fish Hatchery System lands, in that State,
Commonwealth, territory, or possession. Relinquishment of exclusive
legislative jurisdiction under this subsection may be accomplished
(1) by filing with the Governor (or, if none, the chief executive
officer) of the State, Commonwealth, territory, or possession
concerned, a notice of relinquishment to take effect upon
acceptance thereof, or (2) as the laws of the State, Commonwealth,
territory, or possession may otherwise provide.
-SOURCE-
(Pub. L. 100-653, title IX, Sec. 901, Nov. 14, 1988, 102 Stat.
3834.)
-End-
-CITE-
16 USC Sec. 743 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 743. Repealed. Pub. L. 93-280, Sec. 1(2), May 10, 1974, 88
Stat. 123
-MISC1-
Section, act Mar. 3, 1885, ch. 360, Sec. 1(1), 23 Stat. 494,
renumbered by Pub. L. 93-280, Sec. 1(1), May 10, 1974, 88 Stat.
123, was part of a paragraph entitled: "Propagation of Food Fishes"
in the Sundry Civil Expenses Appropriation Act, 1886. It authorized
the Secretary of the Treasury to detail Coast Guard personnel to
the Fish and Wildlife Services for duty. See section 743a of this
title.
-End-
-CITE-
16 USC Sec. 743a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 743a. Detail of personnel and loan of equipment to Director of
Bureau of Sport Fisheries and Wildlife
-STATUTE-
(a) "Agency" defined
As used in this section, the term "agency" means the department
in which the Coast Guard is operating, the Department of the Army,
the Department of the Navy, the Department of the Air Force, the
Atomic Energy Commission, and the National Aeronautics and Space
Administration.
(b) Personnel and equipment available
The chief executive officer of each agency may from time to time
-
(i) detail from the agency for duty under the Director of the
Bureau of Sport Fisheries and Wildlife, Department of the
Interior, such commissioned and enlisted personnel and civilian
employees as may be spared for such duty; and
(ii) consonant with the operational needs of the agency, loan
equipment of the agency to the Director.
(c) Reports to Congress
The Director of the United States Fish and Wildlife Service shall
make a report to Congress at the end of any fiscal year that the
provisions of this section are utilized, which describes the use of
the provisions of this section, and the additional cost, if any, to
the Federal Government resulting therefrom. Such report shall be
referred in the Senate to the Committee on Commerce, Science, and
Transportation and in the House of Representatives to the Committee
on Merchant Marine and Fisheries.
-SOURCE-
(Mar. 3, 1885, ch. 360, Sec. 1(2), as added Pub. L. 93-280, Sec.
1(3), May 10, 1974, 88 Stat. 123; amended Pub. L. 96-470, title II,
Sec. 206(a), Oct. 19, 1980, 94 Stat. 2244; Pub. L. 103-437, Sec.
6(t), Nov. 2, 1994, 108 Stat. 4587.)
-REFTEXT-
REFERENCES IN TEXT
The Bureau of Sport Fisheries and Wildlife, referred to in
subsec. (b), was replaced and succeeded by the United States Fish
and Wildlife Service. See section 742b(c) of this title.
-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 substituted "Committee on
Commerce, Science, and Transportation" for "Committee on Commerce".
1980 - Subsec. (c). Pub. L. 96-470 substituted provision
requiring that a report to Congress be made at the end of any
fiscal year that provisions of this section are utilized for
provision requiring an annual report to Congress be made on
utilization of the provisions of this section and struck out
"annual" before "report shall be".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare.
See also Transfer of Functions notes set out under those sections.
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of
Representatives treated as referring to Committee on Resources of
House of Representatives in case of provisions relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures
relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
16 USC Sec. 744 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 744. Investigations; fish propagation; investigations of
damages by predacious fishes; executive assistance
-STATUTE-
The Secretary of the Interior or the Secretary of Commerce, as
appropriate, shall prosecute investigations and inquiries on the
subject, with the view of ascertaining whether any and what
diminution in the number of the food fishes of the coast and the
lakes of the United States has taken place; and, if so, to what
causes the same is due; and also whether any and what protective,
prohibitory, or precautionary measures should be adopted in the
premises; and shall report upon the same to Congress. He is
authorized and directed to conduct investigations and experiments
for the purpose of ameliorating the damage wrought to the fisheries
by dogfish and other predacious fishes and aquatic animals. Said
investigations and experiments shall be such as to develop the best
and cheapest means of taking such fishes and aquatic animals, of
utilizing them for economic purposes, especially for food, and to
encourage the establishment of fisheries and markets for them.
The heads of the several executive departments shall cause to be
rendered all necessary and practicable aid to the Secretary in the
prosecution of his investigations and inquiries.
-SOURCE-
(R.S. Secs. 4396, 4397; Mar. 3, 1887, ch. 362, 24 Stat. 523; June
21, 1916, ch. 160, Secs. 1, 2, 39 Stat. 232; 1939 Reorg. Plan No.
II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232; 1950 Reorg. Plan No. 3, Secs. 1, 2, eff. May 24,
1950, 15 F.R. 3174, 62 Stat. 1262; 1970 Reorg. Plan No. 4, eff.
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 96-470, title
I, Sec. 101(c), Oct. 19, 1980, 94 Stat. 2237.)
-COD-
CODIFICATION
R.S. Sec. 4396 derived from Res. Feb. 9, 1871, No. 22, Sec. 2, 16
Stat. 594.
R.S. Sec. 4397 derived from Res. Feb. 9, 1871, No. 22, Sec. 3, 16
Stat. 594.
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-470 struck out provision requiring a detailed
statement of expenditures under all appropriations for "propagation
of fishes" be submitted annually to Congress at the beginning of
each session.
-TRANS-
TRANSFER OF FUNCTIONS
Secretary of the Interior or Secretary of Commerce, as
appropriate, and Secretary substituted for Director of Fish and
Wildlife Service and Director in view of: creation of National
Oceanic and Atmospheric Administration in Department of Commerce
and Office of Administrator of such Administration; abolition of
Bureau of Commercial Fisheries in Department of the Interior and
Office of Director of such Bureau; transfers of functions,
including functions formerly vested by law in Secretary of the
Interior or Department of the Interior which were administered
through Bureau of Commercial Fisheries or were primarily related to
such Bureau, exclusive of certain enumerated functions with respect
to Great Lakes fishery research, Missouri River Reservoir research,
Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau
of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix
to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5.
Reorg. Plan No. III of 1940, Sec. 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and
Bureau of Biological Survey into one agency in Department of the
Interior to be known as Fish and Wildlife Service. It was further
provided that functions of consolidated agency should be
administered under direction and supervision of Secretary of the
Interior by a director and assistants, and that offices of
Commissioner and Deputy Commissioner of Fisheries and offices of
Chief and Associate Chief of Bureau of Biological Survey should be
abolished and their functions transferred to consolidated agency.
Reorg. Plan No. II of 1939, Sec. 4(e), (f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce and its
functions, and Bureau of Biological Survey in Department of
Agriculture and its functions, to Department of the Interior, to be
administered under direction and supervision of Secretary of the
Interior.
-MISC2-
SURVEY OF MARINE AND FRESH-WATER RESOURCES
Act May 11, 1944, ch. 195, 58 Stat. 220, which expired January 1,
1945, provided for a comprehensive survey of all marine,
fresh-water, and other aquatic resources of the United States, its
Territories, and possessions; and for a report on survey, together
with recommendations to Congress. It also appropriated $20,000 to
carry out the purposes of the act.
-End-
-CITE-
16 USC Sec. 745 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 745. Powers of Secretary
-STATUTE-
The Secretary of the Interior or the Secretary of Commerce, as
appropriate, may take or cause to be taken at all times, in the
waters of the seacoast of the United States, where the tide ebbs
and flows, and also in the waters of the lakes, such fish or
specimens thereof as may in his judgment, from time to time, be
needful or proper for the conduct of his duties, any law, custom,
or usage of any State to the contrary notwithstanding.
-SOURCE-
(R.S. Sec. 4398; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30,
1940, 5 F.R. 2108, 54 Stat. 1232; 1970 Reorg. Plan No. 4, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
-COD-
CODIFICATION
R.S. Sec. 4398 derived from Res. Feb. 9, 1871, No. 22, Sec. 4, 16
Stat. 594.
-TRANS-
TRANSFER OF FUNCTIONS
Secretary of the Interior or Secretary of Commerce, as
appropriate, substituted for Director of Fish and Wildlife Service
in view of transfer of functions by Reorg. Plan No. 4 of 1970, see
note set out under section 744 of this title.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
Transfer and consolidation of bureaus and functions, see note set
out under section 742 of this title.
-End-
-CITE-
16 USC Sec. 746 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 746. Vessels of Fish and Wildlife Service
-STATUTE-
The Secretary of the Navy is authorized to place the vessels of
the United States Fish and Wildlife Service on the same footing
with the Navy Department as those of the National Ocean Survey.
-SOURCE-
(May 31, 1880, ch. 113, 21 Stat. 151; 1939 Reorg. Plan No. II, Sec.
4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg.
Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat.
1232; Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120.)
-CHANGE-
CHANGE OF NAME
Coast and Geodetic Survey consolidated with National Weather
Bureau in 1965 to form Environmental Science Services
Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
F.R. 8819, 79 Stat. 1318. Environmental Science Services
Administration abolished in 1970 and its personnel, property,
records, etc., transferred to National Oceanic and Atmospheric
Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration,
35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey
redesignated National Ocean Survey. See notes under section 851 of
Title 33, Navigation and Navigable Waters. See, also, notes under
section 311 of Title 15, Commerce and Trade.
-TRANS-
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No. III of
1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by
United States Fish and Wildlife Service established by act Aug. 8,
1956, ch. 1036, Sec. 3, 70 Stat. 1120. See section 742b of this
title.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
Transfer and consolidation of bureaus and functions, see note set
out under section 742 of this title.
-End-
-CITE-
16 USC Sec. 746a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 746a. Operation and maintenance fees for the M/V Tiglax and
other vessels
-STATUTE-
On and after October 21, 1998, pursuant to section 9701 of title
31 and notwithstanding section 3302 of title 31, the Secretary
shall charge reasonable fees for the full costs of the U.S. Fish
and Wildlife Service in operating and maintaining the M/V Tiglax
and other vessels, to be credited to this account and to be
available until expended.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112
Stat. 2681-231, 2681-236.)
-End-
-CITE-
16 USC Sec. 747 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 747. Omitted
-COD-
CODIFICATION
Section, acts Mar. 28, 1922, ch. 117, title I, 42 Stat. 484; Jan.
5, 1923, ch. 24, title I, 42 Stat. 1125; May 28, 1924, ch. 204,
title III, 43 Stat. 238; Feb. 27, 1925, ch. 364, title III, 43
Stat. 1047, which related to the commutation of rations of officers
and crews on vessels, was provision of an appropriation act which
was confined to specific appropriations.
-End-
-CITE-
16 USC Sec. 748 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 748. Expenditure of appropriations for propagation of food
fishes
-STATUTE-
Appropriations for propagation of food fishes shall not be
expended for hatching or planting fish or eggs in any State in
which, in the judgment of the Secretary of the Interior, there are
not adequate laws for the protection of the fishes, nor in any
State in which the United States Director of the Fish and Wildlife
Service and his duly authorized agents are not accorded full and
free right to conduct fish-cultural operations, and all fishing and
other operations necessary therefor, in such manner and at such
times as is considered necessary and proper by the said director or
his agents.
-SOURCE-
(July 1, 1918, ch. 113, Sec. 1, 40 Stat. 693; 1939 Reorg. Plan No.
II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940
Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232; Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120.)
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from Secretary of
the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, see note set out under section 742b of
this title.
Fish and Wildlife Service, created by Reorg. Plan No. III of
1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by
United States Fish and Wildlife Service established by act Aug. 8,
1956, ch. 1036, Sec. 3, 70 Stat. 1120. See section 742b of this
title.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
Transfer and consolidation of bureaus and functions, see note set
out under sections 742 and 744 of this title.
-End-
-CITE-
16 USC Sec. 749 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 749. Omitted
-COD-
CODIFICATION
Section, act June 16, 1921, ch. 23, Sec. 4, 42 Stat. 63, provided
for an advisory committee to report on condition and needs of the
Fish and Wildlife Service, and is omitted since it was derived from
an appropriation act and is obsolete.
-End-
-CITE-
16 USC Sec. 750 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 750. Station on Mississippi River for rescue of fishes and
propagation of mussels
-STATUTE-
There shall be established on the Mississippi River, at a point
to be selected by the Secretary of the Interior or the Secretary of
Commerce, as appropriate, a station for the rescue of fishes and
the propagation of mussels in connection with fish-rescue
operations throughout the Mississippi Valley.
-SOURCE-
(Apr. 28, 1922, ch. 153, Sec. 1, 42 Stat. 501; 1939 Reorg. Plan No.
II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940
Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232.)
-TRANS-
TRANSFER OF FUNCTIONS
Secretary of Commerce also empowered to carry out statutory
provisions in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of
Commercial Fisheries in Department of the Interior and Office of
Director of such Bureau; transfer of marine sport fish program of
Bureau of Sport Fisheries and Wildlife; and certain transfers of
functions, including functions formerly vested by law in Secretary
of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated
functions with respect to Great Lakes fishery research, Missouri
River Reservoir research, Gulf Breeze Biological Laboratory, and
Trans-Alaska pipeline investigations by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5.
Transfer and consolidation of bureaus and functions, see note set
out under section 742 of this title.
-End-
-CITE-
16 USC Sec. 751 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 751. Personnel
-STATUTE-
In connection with the establishment of such fish-rescue station
there is authorized the following personnel, namely: One district
supervisor, to have general charge of fish-rescue and fish-cultural
operations in the Mississippi Valley; a superintendent, two field
foremen, four fish-culturists at large, one engineer at large, one
clerk, two coxswains at large, and two apprentice fish-culturists.
-SOURCE-
(Apr. 28, 1922, ch. 153, Sec. 2, 42 Stat. 501.)
-COD-
CODIFICATION
Provisions relating to the compensation of such personnel have
been omitted as such pay is fixed pursuant to chapter 51 and
subchapter III of chapter 53 of Title 5, Government Organization
and Employees.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC Sec. 752 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 752. Omitted
-COD-
CODIFICATION
Section, act July 2, 1942, ch. 473, Sec. 1, 56 Stat. 557, which
authorized the Fish and Wildlife Service to exchange equipment as
part payment for other equipment, was from the Interior Department
Appropriation Act, 1943, and was not repeated in subsequent
appropriation acts. Similar provisions were contained in act June
28, 1941, ch. 259, Sec. 1, 55 Stat. 357.
-End-
-CITE-
16 USC Sec. 753 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 753. Cooperative work
-STATUTE-
On and after July 2, 1942, cooperative work conducted by the
United States Fish and Wildlife Service shall be subject to the
provisions of the Act of July 24, 1919 [7 U.S.C. 450b, 2220].
-SOURCE-
(July 2, 1942, ch. 473, Sec. 1, 56 Stat. 558; Aug. 8, 1956, ch.
1036, Sec. 3, 70 Stat. 1120.)
-REFTEXT-
REFERENCES IN TEXT
Act of July 24, 1919, referred to in text, was formerly
classified to sections 563 and 564 of Title 5 prior to the general
revision and enactment of Title 5, Government Organization and
Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act
June 28, 1941, ch. 259, Sec. 1, 55 Stat. 357.
-TRANS-
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No. III of
1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by
United States Fish and Wildlife Service established by act Aug. 8,
1956, ch. 1036, Sec. 3, 70 Stat. 1120. See section 742b of this
title.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC Sec. 753a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 753a. Cooperative research and training programs for fish and
wildlife resources
-STATUTE-
For the purpose of developing adequate, coordinated, cooperative
research and training programs for fish and wildlife resources, the
Secretary of the Interior or the Secretary of Commerce, as
appropriate, is authorized to continue to enter into cooperative
agreements with colleges and universities, with game and fish
departments of the several States, and with nonprofit organizations
relating to cooperative research units: Provided, That Federal
participation in the conduct of such cooperative unit programs
shall be limited to the assignment of Department of the Interior or
Department of Commerce scientific personnel by the Secretary to
serve at the respective units, to the provision of assistance
(including reasonable financial compensation) for the work of
researchers on fish and wildlife ecology and resource management
projects funded under this subsection (!1) to supply for the use of
the particular units' operations such equipment as may be available
to the Secretary for such purposes, and the payment of incidental
expenses of Federal personnel and employees of cooperating agencies
assigned to the units.
-SOURCE-
(Pub. L. 86-686, Sec. 1, Sept. 2, 1960, 74 Stat. 733; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub.
L. 95-616, Sec. 2, Nov. 8, 1978, 92 Stat. 3110.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-616, in proviso, substituted "scientific
personnel" for "technical personnel" and authorized provision of
assistance (including reasonable financial compensation) for the
work of researchers on funded fish and wildlife ecology and
resource management projects.
-TRANS-
TRANSFER OF FUNCTIONS
Reference to Secretary of Commerce and Department of Commerce
inserted in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of
Commercial Fisheries in Department of the Interior and Office of
Director of such Bureau; transfers of functions, including
functions formerly vested by law in Secretary of the Interior or
Department of the Interior which were administered through Bureau
of Commercial Fisheries or were primarily related to such Bureau,
exclusive of certain enumerated functions with respect to Great
Lakes fishery research, Missouri River Reservoir research, Gulf
Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau
of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix
to Title 5, Government Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 753b of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
16 USC Sec. 753b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 753b. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out the purposes of section 753a of this title.
-SOURCE-
(Pub. L. 86-686, Sec. 2, Sept. 2, 1960, 74 Stat. 733.)
-End-
-CITE-
16 USC Sec. 754 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 754. Commutation of rations for officers and crews of vessels
of Service
-STATUTE-
On and after July 2, 1942, commutation of rations (not to exceed
$1 per man per day) may be paid to officers and crews of vessels of
the United States Fish and Wildlife Service under regulations
prescribed by the Secretary of the Interior, and money accruing
from commutation of rations on board vessels may be paid on proper
vouchers to the persons having charge of the mess of such vessels;
and section 5911 of title 5, shall not be construed to require
deductions from the salaries of officers and crews of vessels of
the United States Fish and Wildlife Service for quarters and
rations furnished on vessels of said Service.
-SOURCE-
(July 2, 1942, ch. 473, Sec. 1, 56 Stat. 558; Aug. 8, 1956, ch.
1036, Sec. 3, 70 Stat. 1120.)
-COD-
CODIFICATION
"Section 5911 of title 5" substituted in text for "the Act of
March 5, 1928 (5 U.S.C. 75a)" on authority of Pub. L. 89-554, Sec.
7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act
June 28, 1941, ch. 259, Sec. 1, 55 Stat. 357.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from Secretary of
the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, see note set out under section 742b of
this title.
Fish and Wildlife Service, created by Reorg. Plan No. III of
1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by
United States Fish and Wildlife Service established by act Aug. 8,
1956, ch. 1036, Sec. 3, 70 Stat. 1120. See section 742b of this
title.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC Sec. 754a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 754a. Appropriations for United States Fish and Wildlife
Service; purchases from
-STATUTE-
The Secretary of the Interior may purchase, to the extent of not
to exceed $5,000, from the appropriations for the United States
Fish and Wildlife Service, clothing and small stores for the crews
of vessels, to be sold to the employees of said service and the
appropriations reimbursed.
-SOURCE-
(July 1, 1918, ch. 113, Sec. 1, 40 Stat. 694; 1939 Reorg. Plan No.
II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108,
54 Stat. 1232; Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120.)
-COD-
CODIFICATION
Section was formerly classified to section 662 of Title 31 prior
to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-TRANS-
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No. III of
1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by
United States Fish and Wildlife Service established by act Aug. 8,
1956, ch. 1036, Sec. 3, 70 Stat. 1120. See section 742b of this
title.
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of Department, with two
exceptions, transferred to Secretary of the Interior, with power
vested in him to authorize their performance or the performance of
any of his functions by any of those officers, agencies, and
employees, by Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24,
1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title
5, Government Organization and Employees.
Bureau of Fisheries consolidated with Bureau of Biological Survey
into Fish and Wildlife Service in Department of the Interior, and
offices of Commissioner and Deputy Commissioner of Fisheries
abolished by Reorg. Plan No. III of 1940, set out in the Appendix
to Title 5, Government Organization and Employees. See, also,
sections 8 and 9 of that plan for provisions relating to transfer
of records, property, personnel, and funds. Bureau previously
transferred to Department of the Interior by Reorg. Plan No. II of
1939, Sec. 4(e), also set out in the Appendix to Title 5.
-End-
-CITE-
16 USC Sec. 754b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 754b. Funds from private entities credited to Resource
Management account
-STATUTE-
Notwithstanding any other provision of law, in fiscal year 1999
and thereafter, sums provided by private entities for activities
pursuant to reimbursable agreements shall be credited to the
"Resource Management" account and shall remain available until
expended.
-SOURCE-
(Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
113 Stat. 1535, 1501A-139.)
-End-
-CITE-
16 USC Sec. 754c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 754c. Work under reimbursable agreements; recording
obligations and crediting amounts received
-STATUTE-
Before, on, and after November 29, 1999, in carrying out work
under reimbursable agreements with any State, local, or tribal
government, the United States Fish and Wildlife Service may,
without regard to section 1341 of title 31 and notwithstanding any
other provision of law or regulation, record obligations against
accounts receivable from such entities, and shall credit amounts
received from such entities to this appropriation, such credit to
occur within 90 days of the date of the original request by the
Service for payment.
-SOURCE-
(Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
113 Stat. 1535, 1501A-140.)
-End-
-CITE-
16 USC Sec. 754d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 754d. Fee schedule for forensic laboratory services
-STATUTE-
In fiscal year 2001 and thereafter and notwithstanding any other
provision of law, the United States Fish and Wildlife Service shall
establish and implement a fee schedule to permit a return to the
Service for forensic laboratory services provided to non-Department
of the Interior entities. Fees shall be collected as determined
appropriate by the Director of the Fish and Wildlife Service and
shall be credited to this appropriation and be available for
expenditure without further appropriation until expended.
-SOURCE-
(Pub. L. 106-291, title I, Sec. 136, Oct. 11, 2000, 114 Stat. 948.)
-End-