US (United States) Code. Title 16. Chapter 9: Fish and wildlife service

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 9 - FISH AND WILDLIFE SERVICE 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

.

-HEAD-

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-MISC1-

Sec.

741, 742. Repealed or Omitted.

742a. Declaration of policy.

742b. United States Fish and Wildlife Service.

(a) Assistant Secretary for Fish and Wildlife.

(b) Establishment; Director of United States Fish and

Wildlife Service; appointment; qualifications.

(c) Succession to United States Fish and Wildlife

Service and Bureau of Sport Fisheries and

Wildlife.

(d) Functions and responsibilities of Secretary of

the Interior.

742b-1. Assistant Director for Wildlife and Sport Fish Restoration

Programs.

(a) Establishment.

(b) Superior.

(c) Responsibilities.

742c. Loans for financing or refinancing of cost of purchasing,

constructing, equipping, maintaining, repairing, or operating

commercial fishing vessels or gear.

(a) Authorization.

(b) Conditions.

(c) Fisheries loan fund; interest payments on

appropriations available as capital to fund

less average undispersed cash balance.

(d) Modification of loan contract.

(e) Chartering vessels; loans to Alaskan earthquake

victims; termination date.

742c-1. Investment in obligations of the United States; proceeds to

be used for fisheries.

742d. Investigations; preparation and dissemination of information;

reports.

742d-1. Studies of effects in use of chemicals.

742e. Transfer of functions to Secretary.

(a) Functions of Secretaries of Agriculture,

Commerce, etc.

(b) Transfer of personnel, property, records, etc.

(c) Cooperation of other departments and agencies.

742f. Powers of Secretaries of the Interior and Commerce.

(a) Policies, procedures, and recommendations.

(b) Gifts, devises, or bequests for performance of

activities and services of United States Fish

and Wildlife Service; restrictive or

affirmative covenants or conditions of

servitude; separate account in Treasury;

disbursement orders; gifts or bequests to

United States for Federal tax purposes.

(c) Volunteer services; incidental expenses; Federal

employee status; authorization of

appropriations.

(d) Community partnership enhancement.

(e) Refuge education program enhancement.

(f) Authorization of appropriations.

742g. Cooperation with State Department.

(a) Representation at international meetings.

(b) Consultation with officials responsible for

technical and economic aid.

(c) International negotiations.

(d) Consultation with governmental, private

nonprofit, and other organizations.

742h. Reports on fishery products.

742i. Effect on rights of States and international commissions.

742j. Authorization of appropriations.

742j-1. Airborne hunting.

(a) Prohibition; penalty.

(b) Exception; report of State to Secretary.

(c) ''Aircraft'' defined.

(d) Enforcement; regulations; arrest; search;

issuance and execution of warrants and process;

cooperative agreements.

(e) Forfeiture.

(f) Certain customs laws applied.

742j-2. Uniform allowance.

742k. Management and disposition of vessels and other property

acquired and arising out of fishery loans or related type of

activities.

742l. Enforcement authority for the protection of fish and wildlife

resources.

(a) Law enforcement training program.

(b) Law enforcement cooperative agreement.

(c) Disposal of abandoned or forfeited property.

(d) Disclaimer.

(e) to (j) Omitted.

(k) Law enforcement operations.

742m. Relinquishment of exclusive legislative jurisdiction.

743. Repealed.

743a. Detail of personnel and loan of equipment to Director of

Bureau of Sport Fisheries and Wildlife.

(a) ''Agency'' defined.

(b) Personnel and equipment available.

(c) Reports to Congress.

744. Investigations; fish propagation; investigations of damages by

predacious fishes; executive assistance.

745. Powers of Secretary.

746. Vessels of Fish and Wildlife Service.

746a. Operation and maintenance fees for the M/V Tiglax and other

vessels.

747. Omitted.

748. Expenditure of appropriations for propagation of food fishes.

749. Omitted.

750. Station on Mississippi River for rescue of fishes and

propagation of mussels.

751. Personnel.

752. Omitted.

753. Cooperative work.

753a. Cooperative research and training programs for fish and

wildlife resources.

753b. Authorization of appropriations.

754. Commutation of rations for officers and crews of vessels of

Service.

754a. Appropriations for United States Fish and Wildlife Service;

purchases from.

754b. Funds from private entities credited to Resource Management

account.

754c. Work under reimbursable agreements; recording obligations and

crediting amounts received.

754d. Fee schedule for forensic laboratory services.

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16 USC Sec. 741 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 741. Repealed. Pub. L. 88-488, title IV, Sec. 402(a)(3), Aug.

19, 1964, 78 Stat. 492

-MISC1-

Section, R.S. Sec. 4395; acts Jan. 20, 1888, ch. 1, 25 Stat. 1;

Feb. 27, 1925, ch. 364, 43 Stat. 1046, related to appointment, etc.

of a Commissioner of Fisheries.

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16 USC Sec. 742 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742. Omitted

-COD-

CODIFICATION

Section, acts Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 1436; Mar.

4, 1913, ch. 141, Sec. 1, 37 Stat. 736, provided for an acting

Commissioner of Fisheries.

-TRANS-

TRANSFER OF FUNCTIONS

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.

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 the 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.

The Fish and Wildlife Service, created by Reorg. Plan No. III of

1940 was succeeded by United States Fish and Wildlife Service

established by act Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1119.

See section 742b of this title.

-EXEC-

EX. ORD. NO. 9634. ESTABLISHMENT OF FISHERY CONSERVATION ZONES

Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 12305, provided in

part:

By virtue of and pursuant to the authority vested in me as

President of the United States, it is hereby ordered that the

Secretary of State and the Secretary of the Interior shall from

time to time jointly recommend the establishment by Executive

orders of fishery conservation zones in areas of the high seas

contiguous to the coasts of the United States, pursuant to the

proclamation entitled ''Policy of the United States With Respect to

Coastal Fisheries in Certain Areas of the High Seas'' (Proc. No.

2668, Sept. 28, 1945, 10 F.R. 12304), this day signed by me, and

said Secretaries shall in each case recommend provisions to be

incorporated in such orders relating to the administration,

regulation and control of the fishery resources of and fishing

activities in such zones, pursuant to authority of law heretofore

or hereafter provided. Harry S Truman.

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16 USC Sec. 742a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742a. Declaration of policy

-STATUTE-

The Congress declares that the fish, shellfish, and wildlife

resources of the Nation make a material contribution to our

national economy and food supply, as well as a material

contribution to the health, recreation, and well-being of our

citizens; that such resources are a living, renewable form of

national wealth that is capable of being maintained and greatly

increased with proper management, but equally capable of

destruction if neglected or unwisely exploited; that such resources

afford outdoor recreation throughout the Nation and provide

employment, directly or indirectly, to a substantial number of

citizens; that the fishing industries strengthen the defense of the

United States through the provision of a trained seafaring

citizenry and action-ready fleets of seaworthy vessels; that the

training and sport afforded by fish and wildlife resources

strengthen the national defense by contributing to the general

health and physical fitness of millions of citizens; and that

properly developed, such fish and wildlife resources are capable of

steadily increasing these valuable contributions to the life of the

Nation.

The Congress further declares that the fishing industry, in its

several branches, can prosper and thus fulfill its proper function

in national life only if certain fundamental needs are satisfied by

means that are consistent with the public interest and in accord

with constitutional functions of governments. Among these needs

are:

(1) Freedom of enterprise - freedom to develop new areas,

methods, products, and markets in accordance with sound economic

principles, as well as freedom from unnecessary administrative or

legal restrictions that unreasonably conflict with or ignore

economic needs;

(2) Protection of opportunity - maintenance of an economic

atmosphere in which domestic production and processing can

prosper; protection from subsidized competing products;

protection of opportunity to fish on the high seas in accordance

with international law;

(3) Assistance - assistance consistent with that provided by

the Government for industry generally, such as is involved in

promoting good industrial relations, fair trade standards,

harmonious labor relations, better health standards and

sanitation; and including, but not limited to -

(a) services to provide current information on production and

trade, market promotion and development, and an extension

service,

(b) research services for economic and technologic

development and resource conservation, and

(c) resource management to assure the maximum sustainable

production for the fisheries.

The Congress further declares that the provisions of this Act are

necessary in order to accomplish the objective of proper resource

development, and that this Act shall be administered with due

regard to the inherent right of every citizen and resident of the

United States to engage in fishing for his own pleasure, enjoyment,

and betterment, and with the intent of maintaining and increasing

the public opportunities for recreational use of our fish and

wildlife resources, and stimulating the development of a strong,

prosperous, and thriving fishery and fish processing industry.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 2, 70 Stat. 1119.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70

Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,

which is classified generally to sections 742a to 742d and 742e to

742j-2 of this title. For complete classification of this Act to

the Code, see Short Title note below and Tables.

-MISC2-

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-328, Sec. 1, Oct. 30, 1998, 112 Stat. 3057, provided

that: ''This Act (amending section 742l of this title and enacting

provisions set out as a note under section 742l of this title) may

be cited as the 'Fish and Wildlife Revenue Enhancement Act of

1998'.''

Pub. L. 105-242, Sec. 1, Oct. 5, 1998, 112 Stat. 1574, provided

that: ''This Act (amending section 742f of this title and enacting

provisions set out as notes under section 742f of this title) may

be cited as the 'National Wildlife Refuge System Volunteer and

Community Partnership Enhancement Act of 1998'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-616, Sec. 1, Nov. 8, 1978, 92 Stat. 3110, provided:

''That this Act (enacting sections 695j-1, 712, 742l of this title

and amending sections 460k-3, 666g, 668a, 668dd, 690e, 695i, 706,

715d, 715i, 715j, 718b, 718c, 718f, 742f, 753a of this title and

sections 1114, 3112 of Title 18, Crimes and Criminal Procedure) may

be cited as the 'Fish and Wildlife Improvement Act of 1978'.''

SHORT TITLE

Section 1 of act Aug. 8, 1956, provided: ''This Act (enacting

this section and sections 742b to 742d and 742e to 742j of this

title and amending section 713c-3 of Title 15, Commerce and Trade)

may be cited as the 'Fish and Wildlife Act of 1956'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

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16 USC Sec. 742b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742b. United States Fish and Wildlife Service

-STATUTE-

(a) Assistant Secretary for Fish and Wildlife

There is established within the Department of the Interior the

position of Assistant Secretary for Fish and Wildlife. Such

Assistant Secretary shall be appointed by the President, by and

with the advice and consent of the Senate, and shall be compensated

at the same rate as other Assistant Secretaries.

(b) Establishment; Director of United States Fish and Wildlife

Service; appointment; qualifications

There is established within the Department of the Interior the

United States Fish and Wildlife Service. The functions of the

United States Fish and Wildlife Service shall be administered under

the supervision of the Director, who shall be subject to the

supervision of the Assistant Secretary for Fish and Wildlife. The

Director of the United States Fish and Wildlife Service shall be

appointed by the President, by and with the advice and consent of

the Senate. No individual may be appointed as the Director unless

he is, by reason of scientific education and experience,

knowledgeable in the principles of fisheries and wildlife

management.

(c) Succession to United States Fish and Wildlife Service and

Bureau of Sport Fisheries and Wildlife

The United States Fish and Wildlife Service established by

subsection (b) of this section shall succeed to and replace the

United States Fish and Wildlife Service (as constituted on June 30,

1974) and the Bureau of Sport Fisheries and Wildlife (as

constituted on such date). All laws and regulations in effect on

June 30, 1974, which relate to matters administered by the

Department of the Interior through the United States Fish and

Wildlife Service (as constituted on such date) and the Bureau of

Sport Fisheries and Wildlife (as constituted on such date) shall

remain in effect.

(d) Functions and responsibilities of Secretary of the Interior

All functions and responsibilities placed in the Department of

the Interior or any official thereof by this Act shall be included

among the functions and responsibilities of the Secretary of the

Interior, as the head of the Department, and shall be carried out

under his direction pursuant to such procedures or delegations of

authority as he may deem advisable and in the public interest.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120; Pub. L. 87-367,

title I, Sec. 103(14), Oct. 4, 1961, 75 Stat. 788; Pub. L. 87-793,

Sec. 607(a)(5), Oct. 11, 1962, 76 Stat. 849; Pub. L. 93-271, Sec.

1, Apr. 22, 1974, 88 Stat. 92.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch.

1036, 70 Stat. 1119, as amended, known as the Fish and Wildlife Act

of 1956, which is classified generally to sections 742a to 742d and

742e to 742j-2 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 742a of

this title and Tables.

-MISC2-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-271, Sec. 1(1), (2), struck out

provisions relating to the establishment of the position of and the

appointment of the Commissioner of Fish and Wildlife. Provisions

for the establishment of the United States Fish and Wildlife

Service within the Department of the Interior, consisting of the

Bureau of Commercial Fisheries and the Bureau of Sport Fisheries

and Wildlife, the appointment of a Director for each of the

Bureaus, and the succession of the United States Fish and Wildlife

Service to the Fish and Wildlife Service of the Department, were

also struck out.

Subsec. (b). Pub. L. 93-271, Sec. 1(3), substituted provisions

for the establishment of the United States Fish and Wildlife

Service within the Department of the Interior, for its

administration by a Director subject to the supervision of the

Assistant Secretary for Fish and Wildlife, the qualifications for

and the appointment of the Director, for provisions relating to the

administration of the United States Fish and Wildlife Service by

the Commissioner of Fish and Wildlife subject to the supervision of

the Assistant Secretary for Fish and Wildlife.

Subsecs. (c), (d). Pub. L. 93-271, Sec. 1(3), added subsec. (c)

and redesignated former subsec. (c) as (d). Former subsec. (d),

relating to the distribution of functions, powers, and duties of

former Fish and Wildlife Service, was struck out.

Subsec. (e). Pub. L. 93-271, Sec. 1(3), struck out subsec. (e)

which related to continuation of all laws, rules, and regulations

administered by the Fish and Wildlife Service.

Subsec. (f). Pub. L. 93-271, Sec. 1(3), struck out subsec. (f)

which provided for administrative authority in the Secretary of the

Interior to carry out the provisions of Act Aug. 8, 1956, and for

effective procedure for reorganization.

1962 - Subsec. (a). Pub. L. 87-793 struck out provisions which

authorized the Commissioner to receive compensation at the same

rate as that provided for grade GS-18.

1961 - Subsec. (a). Pub. L. 87-367 struck out ''at Grades GS-17

each'' after ''by the Secretary''.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 3 of Pub. L. 93-271 provided that: ''The amendments made

by this Act (amending this section and section 5316 of Title 5,

Government Organization and Employees) shall take effect on July 1,

1974.''

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-793 effective on first day of first pay

period which begins on or after Oct. 11, 1962, see section 610 of

Pub. L. 87-793.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior 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 the Interior Department and Office of

Director of such Bureau; transfers of functions, including

functions formerly vested by law in Secretary of the Interior or

the Interior Department 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.

-MISC5-

FEES FOR TRAINING BY NATIONAL CONSERVATION TRAINING CENTER

Pub. L. 104-208, div. A, title I, Sec. 101(d) (title I), Sept.

30, 1996, 110 Stat. 3009-181, 3009-185, as amended by Pub. L.

105-83, title I, Nov. 14, 1997, 111 Stat. 1547, provided in part:

''That hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall

charge reasonable fees for the full costs of providing training by

the National Conservation Training Center, to be credited to this

account, notwithstanding 31 U.S.C. 3302, for the full costs of

providing such training, to remain available until expended.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

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16 USC Sec. 742b-1 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742b-1. Assistant Director for Wildlife and Sport Fish

Restoration Programs

-STATUTE-

(a) Establishment

There is established in the United States Fish and Wildlife

Service of the Department of the Interior the position of Assistant

Director for Wildlife and Sport Fish Restoration Programs.

(b) Superior

The Assistant Director for Wildlife and Sport Fish Restoration

Programs shall report directly to the Director of the United States

Fish and Wildlife Service.

(c) Responsibilities

The Assistant Director for Wildlife and Sport Fish Restoration

Programs shall be responsible for the administration, management,

and oversight of the Federal Assistance Program for State Wildlife

and Sport Fish Restoration under the Pittman-Robertson Wildlife

Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson

Sport Fish Restoration Act (16 U.S.C. 777 et seq.).

-SOURCE-

(Pub. L. 106-408, title I, Sec. 132, Nov. 1, 2000, 114 Stat. 1775.)

-REFTEXT-

REFERENCES IN TEXT

The Pittman-Robertson Wildlife Restoration Act, referred to in

subsec. (c), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as

amended, also known as the Federal Aid in Wildlife Restoration Act,

which is classified generally to chapter 5B (Sec. 669 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 669 of this title and

Tables.

The Dingell-Johnson Sport Fish Restoration Act, referred to in

subsec. (c), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as

amended, also known as the Federal Aid in Fish Restoration Act and

the Fish Restoration and Management Projects Act, which is

classified generally to chapter 10B (Sec. 777 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 777 of this title and

Tables.

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16 USC Sec. 742c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742c. Loans for financing or refinancing of cost of

purchasing, constructing, equipping, maintaining, repairing, or

operating commercial fishing vessels or gear

-STATUTE-

(a) Authorization

The Secretary of the Interior is authorized, under such rules and

regulations and under such terms and conditions as he may

prescribe, to make loans for financing or refinancing of the cost

of purchasing, constructing, equipping, maintaining, repairing, or

operating new or used commercial fishing vessels or gear.

(b) Conditions

Any loans made under the provisions of this section shall be

subject to the following restrictions:

(1) Bear an interest rate of not less than (a) a rate

determined by the Secretary of the Treasury, taking into

consideration the average market yield on outstanding Treasury

obligations of comparable maturity, plus (b) such additional

charge, if any, toward covering other costs of the program as the

Secretary may determine to be consistent with its purpose.

(2) Mature in not more than ten years, except that where a loan

is for all or part of the costs of constructing a new fishing

vessel, such period may be fourteen years.

(3) No financial assistance shall be extended pursuant to this

section unless reasonable financial assistance applied for is not

otherwise available on reasonable terms.

(4) Loans shall be approved only upon the furnishing of such

security or other reasonable assurance of repayment as the

Secretary may require considering the objectives of this section

which are to upgrade commercial fishing vessels and gear and to

provide reasonable financial assistance not otherwise available

to commercial fishermen. The proposed collateral for a loan must

be of such a nature that, when considered with the integrity and

ability of the management, and the applicant's past and

prospective earnings, repayment of the loan will be reasonably

assured.

(5) The applicant shall possess the ability, experience,

resources, and other qualifications necessary to enable him to

operate and maintain new or used commercial fishing vessels or

gear.

(6) Before the Secretary approves a loan for the purchase or

construction of a new or used vessel which will not replace an

existing commercial fishing vessel, he shall determine that the

applicant's contemplated operation of such vessel in a fishery

will not cause economic hardship or injury to the efficient

vessel operators already operating in that fishery.

(7) An applicant for a fishery loan must be a citizen or

national of the United States.

(8) Within the meaning of this section, a corporation,

partnership, or association shall not be deemed to be a citizen

of the United States unless the Secretary determines that it

satisfactorily meets all of the requirements set forth in

sections 802 and 803 of title 46, Appendix, for determining the

United States citizenship of a corporation, partnership, or

association operating a vessel in the coastwise trade.

(9)(A) The nationality of an applicant shall be established to

the satisfaction of the Secretary. Within the meaning of this

section, no corporation, partnership, or association organized

under the laws of American Samoa shall be deemed a national of

the United States unless 75 per centum of the interest therein is

owned by nationals of the United States, citizens of the United

States, or both, and in the case of a corporation, unless its

president or other chief executive officer and the chairman of

its board are nationals or citizens of the United States and

unless no more of its directors than a minority of the number

necessary to constitute a quorum are nonnationals and

noncitizens.

(B) Seventy-five per centum of the interest in a corporation

shall not be deemed to be owned by nationals of the United

States, citizens of the United States, or both, (i) if the title

to 75 per centum of its stock is not vested in such nationals and

citizens free from any trust or fiduciary obligation in favor of

any person not a national or citizen of the United States; or

(ii) if 75 per centum of the voting power in such corporation is

not vested in nationals of the United States, citizens of the

United States, or both; or (iii) if through any contract or

understanding it is so arranged that more than 25 per centum of

the voting power may be exercised, directly or indirectly, in

behalf of any person who is not a national or citizen of the

United States; or (iv) if by any other means whatsoever control

of any interest in the corporation in excess of 25 per centum is

conferred upon or permitted to be exercised by any person who is

not a national or citizen of the United States.

(c) Fisheries loan fund; interest payments on appropriations

available as capital to the fund less average undispersed cash

balance

There is created a fisheries loan fund, which shall be used by

the Secretary as a revolving fund to make loans for financing and

refinancing under this section. Any funds received by the

Secretary on or before September 30, 1986, in payment of principal

or interest on any loans so made shall be deposited in the fund and

be available for making additional loans under this section. Any

funds received in the fisheries loan fund after September 30, 1986,

shall be covered into the Treasury as miscellaneous receipts.

There is authorized to be appropriated to the fisheries loan fund

the sum of $20,000,000 to provide initial capital.

(d) Modification of loan contract

The Secretary, subject to the specific limitations in this

section, may consent to the modification, with respect to the rate

of interest, time of payment of any installment of principal, or

security, of any loan contract to which he is a party.

(e) Chartering vessels; loans to Alaskan earthquake victims;

termination date

The Secretary is authorized under such terms and conditions and

pursuant to regulations prescribed by him to use the funds

appropriated under this section to make loans to commercial

fishermen for the purpose of chartering fishing vessels pending the

construction or repair of vessels lost, destroyed, or damaged by

the earthquake of March 27, 1964, and subsequent tidal waves

related thereto: Provided, That any loans made under this

subsection shall only be repaid from the net profits of the

operations of such chartered vessels, which profits shall be

reduced by such reasonable amount as determined by the Secretary

for the salary of the fishermen chartering such vessels. The funds

authorized herein shall not be available for such loans after June

30, 1966.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 4, 70 Stat. 1121; Pub. L. 85-888,

Sept. 2, 1958, 72 Stat. 1710; Pub. L. 88-309, Sec. 9, May 20, 1964,

78 Stat. 199; Pub. L. 89-85, Sec. 1-4, July 24, 1965, 79 Stat. 262;

Pub. L. 91-279, Sec. 9, June 12, 1970, 84 Stat. 309; Pub. L.

91-387, Sec. 1, 2, Aug. 24, 1970, 84 Stat. 829; Pub. L. 94-273,

Sec. 2(8), Apr. 21, 1976, 90 Stat. 375; Pub. L. 96-478, Sec. 16(a),

Oct. 21, 1980, 94 Stat. 2303; Pub. L. 97-347, Sec. 1, Oct. 18,

1982, 96 Stat. 1652; Pub. L. 98-44, title I, Sec. 103(a)(1), July

12, 1983, 97 Stat. 216; Pub. L. 98-498, title IV, Sec. 430(1), Oct.

19, 1984, 98 Stat. 2310; Pub. L. 99-659, title IV, Sec. 409, Nov.

14, 1986, 100 Stat. 3740.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-659 amended third sentence

generally, striking out ''and any balance remaining therein at the

close of September 30, 1986 (at which time the fund shall cease to

exist),'' after ''1986,''.

1984 - Subsec. (c). Pub. L. 98-498 substituted ''September 30,

1986'' for ''September 30, 1984'' wherever appearing.

1983 - Subsec. (c). Pub. L. 98-44 substituted ''September 30,

1984'' for ''September 30, 1983'' wherever appearing.

1982 - Subsec. (c). Pub. L. 97-347 substituted ''September 30,

1983'' for ''September 30, 1982'' wherever appearing.

1980 - Subsec. (c). Pub. L. 96-478 substituted ''September 30,

1982'' for ''September 30, 1980'' wherever appearing and struck out

interest payment provisions respecting, payment at close of each

fiscal year from fisheries loan fund into miscellaneous receipts of

the Treasury on cumulative amount of appropriations available as

capital to the fund from and after July 1, 1965, less average

undispersed balance in the fund during the year, determination of

interest rate on basis of average market yield during month

preceding each fiscal year on outstanding Treasury obligations of

maturity comparable to average maturity of loans made from the

fund, and interest payment deferrals approved by the Secretary of

the Treasury subject to interest on deferred amounts.

1976 - Subsec. (c). Pub. L. 94-273 substituted ''September'' for

''June'' wherever appearing.

1970 - Subsec. (b)(2). Pub. L. 91-279 provided maturity period of

fourteen years for loans for all or part of costs of constructing

new fishing vessels.

Subsec. (b)(7). Pub. L. 91-387, Sec. 2, permitted a national of

the United States to be an applicant for a fishery loan.

Subsec. (b)(8). Pub. L. 91-387, Sec. 2, substituted provision for

Secretary's determination of United States citizenship of a

corporation, partnership, or association by satisfactorily meeting

all requirements set forth in section 802 of title 46 for

determination of citizenship of such entity operating a vessel in

coastwise trade, for prior provision for establishment of such

citizenship within meaning of section 802 of title 46 to

satisfaction of the Secretary.

Subsec. (b)(9). Pub. L. 91-387, Sec. 2, added par. (9).

Subsec. (c). Pub. L. 91-387, Sec. 1, extended term for making

fisheries loans, substituting ''June 30, 1980'' for ''June 30,

1970'' wherever appearing.

1965 - Subsec. (a). Pub. L. 89-85, Sec. 1, substituted

''financing or refinancing of the cost of purchasing, constructing,

equipping, maintaining, repairing, or operating new or used

commercial fishing vessels or gear'' for ''financing and

refinancing of operations, maintenance, replacement, repair, and

equipment of fishing gear and vessels'' and struck out provision

for research into basic problems of fisheries.

Subsec. (b). Pub. L. 89-85, Sec. 2, 3, substituted in par. (1)

provision respecting determination of interest rate taking into

consideration average market yield on outstanding Treasury

obligations of comparable maturity plus additional charge toward

coverage of other costs of program for former provision prescribing

an interest rate of not less than 3 per centum per annum and added

pars. (4) to (8), respectively.

Subsec. (c). Pub. L. 89-85, Sec. 4, extended term for making

fisheries loans from June 30, 1965, to June 30, 1970, required

Secretary to pay at end of each fiscal year into miscellaneous

receipts of the Treasury interest on cumulative amount of

appropriations available as capital to fund after July 1, 1965,

less average undispersed cash balance in fund during the year,

provided formula for determination of rate of interest, and

authorized deferral of interest payments but with payment of

interest on deferred payments.

1964 - Subsec. (e). Pub. L. 88-309 added subsec. (e).

1958 - Subsec. (c). Pub. L. 85-888 increased authorization for

$10,000,000 to $20,000,000.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 16(b) of Pub. L. 96-478 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect on

September 1, 1980.''

EFFECTIVE DATE OF 1970 AMENDMENT; FISHERIES LOAN FUND AVAILABLE FOR

LOANS FROM JULY 1, 1970 TO CLOSE OF JUNE 30, 1980

Section 3 of Pub. L. 91-387 provided that: ''The provisions of

this Act (amending this section) shall be effective July 1, 1970.

Notwithstanding the provisions of section 4(c) of the Fish and

Wildlife Act of 1956, as amended (subsec. (c) of this section), any

balance remaining in the fisheries loan fund at the close of June

30, 1970, shall be available to make loans for the purposes of

section 4 of said Act (this section) from July 1, 1970, to the

close of June 30, 1980.''

EFFECTIVE DATE OF 1965 AMENDMENT; REMAINING FUNDS; AVAILABILITY FOR

LOANS

Section 5 of Pub. L. 89-85 provided that: ''The provisions of

this Act (amending this section) shall be effective July 1, 1965.

Notwithstanding the provisions of section 4(c) of the Fish and

Wildlife Act of 1956, as amended (subsec. (c) of this section), any

balance remaining in the fisheries loan fund at the close of June

30, 1965, shall be available to make loans for the purposes of

section 4 of said Act (this section) from July 1, 1965, to the

close of June 30, 1970.''

-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.

-MISC5-

LOANS UNDER FISH AND WILDLIFE ACT OF 1956

Pub. L. 96-561, title II, Sec. 221, Dec. 22, 1980, 94 Stat. 3295,

as amended by Pub. L. 98-44, title I, Sec. 103(b), July 12, 1983,

97 Stat. 216; Pub. L. 98-498, title IV, Sec. 431, Oct. 19, 1984, 98

Stat. 2310, provided that:

''(a) Loan Authority. - During the period beginning on the date

of the enactment of this title (Dec. 22, 1980) and ending at the

close of September 30, 1986, the Secretary of Commerce (hereinafter

in this section referred to as the 'Secretary') may make loans from

the fisheries loan fund established under subsection (c) of section

4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) only for

the purposes set forth in subsections (b) and (c) of this section.

Except to the extent that they are inconsistent with, or contrary

to, this section, the provisions of such section 4 shall apply with

respect to loans made for such purposes.

''(b) Loans To Avoid Default on Obligations Covering Fishing

Vessels. - (1) The Secretary may make loans for the purpose of

assisting obligors to avoid default on obligations that are issued

with respect to the construction, reconstruction, reconditioning or

purchase of fishing vessels and that -

''(A) are guaranteed by the United States under title XI of the

Merchant Marine Act, 1936 (46 U.S.C. 1271-1280, relating to

Federal ship mortgage insurance); or

''(B) are not guaranteed under such title XI, but the fishing

vessels concerned meet the use and documentation requirements,

and the obligors meet the citizenship requirements, that would

apply if the obligations were guaranteed under that title.

''(2)(A) Within the 30-day period beginning on the date of the

enactment of this title (Dec. 22, 1980) in the case of fiscal year

1981, and before the beginning of each of fiscal years 1982, 1983,

1984, 1985, and 1986, the Secretary shall estimate the number, and

the aggregate amount, of loans described in paragraph (1)(A) for

which application will likely be made during each of such fiscal

years and shall reserve that amount in the fisheries loan fund for

the purpose of making such loans during such year (or if such

amount is larger than the fund balance, the Secretary shall reserve

the whole fund for such purpose).

''(B) If any moneys are available in the fisheries loan fund for

each such fiscal year after subparagraph (A) is complied with for

that year, the Secretary shall use such moneys for the purpose of

making loans described in paragraph (1)(B) during that year.

''(C) At an appropriate time during each of fiscal years 1981,

1982, 1983, 1984, 1985, and 1986, the Secretary shall compare the

actual loan experience during that year with the estimate made for

that year under subparagraph (A) and if the Secretary determines,

on the basis of such comparison, that the demand for loans

described in paragraph (1)(A) will be less than estimated, the

Secretary shall, for the fiscal year concerned, apply moneys

reserved for such loans for the purpose of making loans described

in paragraph (1)(B) and, to the extent not utilized for loans

described in paragraph (1)(B), for the purpose of making loans

under subsection (c).

''(3) The Secretary may make loans under this subsection only to

owners or operators who, in the judgment of the Secretary, have

substantial experience and proven ability in the management and

financing of fishing operations, and only if (A) loans for the

purpose described in paragraph (1) are not otherwise available at

reasonable rates which permit continued operations, and (B) the

loans are likely to result in the financial viability of the

fishing operations of the owners or operators. Each such loan

shall be subject to such terms and conditions as the Secretary

deems necessary or appropriate to protect the interests of the

United States and to carry out the purpose of this subsection. In

establishing such terms and conditions, the Secretary shall take

into account, among such other factors he deems pertinent, the

extent to which the obligations concerned have been retired, and

the overall financial condition of the obligors. The interest rate

on loans made under the authority of this subsection shall not

exceed that rate determined by the Secretary to be sufficient to

cover the costs incurred in processing and servicing of such loans.

''(c) Loans To Cover Operating Losses. - (1) If the Secretary

determines that moneys will be available in such fisheries loan

fund for any of fiscal years 1981, 1982, 1983, 1984, 1985, and

1986, after loans under subsection (b) are provided for for that

year, the Secretary may make loans for the purpose of assisting

owners and operators of fishing vessels to cover vessel operating

expenses in cases where an owner or operator incurs, or may incur,

a net operating loss within such fiscal year.

''(2) Each loan made by the Secretary under this subsection shall

be subject to such terms and conditions as the Secretary deems

necessary or appropriate to protect the interests of the United

States and to carry out the purposes of this subsection. The

Secretary may make loans under this subsection only to owners or

operators who, in the judgment of the Secretary, have substantial

experience and proven ability in the management and financing of

fishing operations, and only if (A) loans for the purpose described

in paragraph (1) are not otherwise available at reasonable rates

which permit continued operation, and (B) the loans are likely to

result in the financial viability of the fishing operations of the

owners or operators. The interest rate on loans made under this

subsection shall be the rate prevailing for loans made under the

Emergency Agricultural Credit Act of 1978 (7 U.S.C. preceding 1961

note).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742c-1, 742k, 1534 of

this title.

-CITE-

16 USC Sec. 742c-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742c-1. Investment in obligations of the United States;

proceeds to be used for fisheries

-STATUTE-

All moneys in the Fisheries Loan Fund established under Section

(FOOTNOTE 1) 742c of this title shall be invested by the Secretary

of Commerce in obligations of the United States, except so much as

shall be currently needed for loans or administrative expenses

authorized under the Fisheries Loan Fund. All accrued proceeds from

such investment shall be, subject to amounts provided in advance by

appropriations, credited by the Secretary of the Treasury to the

debt of the Secretary of Commerce incurred under section 1105(d) of

the Merchant Marine Act, 1936 (46 App. U.S.C. 1275(d)), as amended,

in connection with fisheries financing under title XI of the

Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), as

amended, for so long as such debt exists. All accrued proceeds

from such investment, after such debt has been liquidated, shall

be, subject to amounts provided in advance by appropriations,

credited to the fisheries portion of the Federal Ship Financing

Fund established under section 1102 of the Merchant Marine Act,

1936 (46 App. U.S.C. 1272), as amended, and used for the fisheries

purposes provided in title XI of the Merchant Marine Act, 1936, as

amended.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

-SOURCE-

(Pub. L. 98-498, title IV, Sec. 432, Oct. 19, 1984, 98 Stat. 2310.)

-REFTEXT-

REFERENCES IN TEXT

The Merchant Marine Act, 1936, referred to in text, is act June

29, 1936, ch. 858, 49 Stat. 1985, as amended. Title XI of the

Merchant Marine Act, 1936, is classified generally to subchapter XI

(Sec. 1271 et seq.) of chapter 27 of Title 46, Appendix, Shipping.

For complete classification of this Act to the Code, see section

1245 of Title 46, Appendix, and Tables.

-CITE-

16 USC Sec. 742d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742d. Investigations; preparation and dissemination of

information; reports

-STATUTE-

(a) (FOOTNOTE 1) The Secretary shall conduct continuing

investigations, prepare and disseminate information, and make

periodical reports to the public, to the President, and to

Congress, with respect to the following matters:

(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

(1) The production and flow to market of fish and fishery

products domestically produced, and also those produced by

foreign producers which affect the domestic fisheries;

(2) The availability and abundance and the biological

requirements of the fish and wildlife resources;

(3) The competitive economic position of the various fish and

fishery products with respect to each other, and with respect to

competitive domestic and foreign-produced commodities;

(4) The collection and dissemination of statistics on

commercial and sport fishing;

(5) The collection and dissemination of statistics on the

nature and availability of wildlife, progress in acquisition of

additional refuges and measures being taken to foster a

coordinated program to encourage and develop wildlife values;

(6) The improvement of production and marketing practices in

regard to commercial species and the conduct of educational and

extension services relative to commercial and sport fishing, and

wildlife matters;

(7) Any other matters which in the judgment of the Secretary

are of public interest in connection with any phases of fish and

wildlife operations.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 5, 70 Stat. 1121.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report to Congress required under this section is listed on

page 54), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742d-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742d-1. Studies of effects in use of chemicals

-STATUTE-

The Administrator of the Environmental Protection Agency is

authorized and directed to undertake comprehensive continuing

studies on the effects of insecticides, herbicides, fungicides and

pesticides, upon the fish and wildlife resources of the United

States, for the purpose of determining the amounts, percentages,

and formulations of such chemicals that are lethal to or injurious

to fish and wildlife and the amounts, percentages, mixtures, or

formulations that can be used safely, and thereby prevent losses of

fish and wildlife from such spraying, dusting, or other treatment.

-SOURCE-

(Pub. L. 85-582, Sec. 1, Aug. 1, 1958, 72 Stat. 479; 1970 Reorg.

Plan No. 3, Sec. 2(a)(2)(i), eff. Dec. 2, 1970, 35 F.R. 15623, 84

Stat. 2086.)

-TRANS-

TRANSFER OF FUNCTIONS

''Administrator of the Environmental Protection Agency''

substituted in text for ''Secretary of the Interior'' pursuant to

Reorg. Plan No. 3 of 1970, set out in the Appendix to Title 5,

Government Organization and Employees, which abolished the Federal

Water Quality Administration in Department of the Interior and

transferred to Administrator of Environmental Protection Agency all

functions vested in Secretary of the Interior by this section.

-MISC5-

APPROPRIATIONS

Section 2 of Pub. L. 85-582, Aug. 1, 1958, 72 Stat. 479, as

amended by Pub. L. 86-279, Sept. 16, 1959, 73 Stat. 563; Pub. L.

89-232, Oct. 1, 1965, 79 Stat. 902; Pub. L. 90-394, July 11, 1968,

82 Stat. 338, provided that: ''In order to carry out the provisions

of this Act (this section), there is authorized to be appropriated

$3,500,000 for the fiscal year ending June 30, 1969, and for each

of the two fiscal years immediately following such year. Such sums

shall remain available until expended.''

-CITE-

16 USC Sec. 742e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742e. Transfer of functions to Secretary

-STATUTE-

(a) Functions of Secretaries of Agriculture, Commerce, etc.

There shall be transferred to the Secretary all functions of the

Secretary of Agriculture, the Secretary of Commerce, and the head

of any other department or agency, as determined by the Director of

the Office of Management and Budget to relate primarily to the

development, advancement, management, conservation, and protection

of commercial fisheries; but nothing in this section shall be

construed to modify the authority of the Department of State or the

Secretary of State to negotiate or enter into any international

agreements, or conventions with respect to the development,

management, or protection of any fisheries and wildlife resources

or with respect to international commissions operating under

conventions to which the United States is a party.

(b) Transfer of personnel, property, records, etc.

There shall be transferred to the Department of the Interior so

much of the personnel, property, facilities, records, and

unexpended balances of appropriations, allocations, and other funds

(available or to be made available) as the Director of the Office

of Management and Budget determines to be necessary in connection

with the exercise of any functions transferred to the Secretary

pursuant to subsection (a) of this section.

(c) Cooperation of other departments and agencies

The Secretary may request and secure the advice or assistance of

any department or agency of the Government in carrying out the

provisions of this Act, and any such department or agency which

furnishes advice or assistance to the Secretary may expend its own

funds for such purposes, with or without reimbursement from the

Secretary as may be agreed upon between the Secretary and the

department or agency.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 6, 70 Stat. 1122; 1970 Reorg. Plan

No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is act Aug. 8, 1956, ch.

1036, 70 Stat. 1119, as amended, known as the Fish and Wildlife Act

of 1956, which is classified generally to sections 742a to 742d and

742e to 742j-2 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 742a of

this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in

Bureau of the Budget or Director of Bureau of the Budget were

transferred to the President of the United States by section 101 of

1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.

2085, set out in the Appendix to Title 5, Government Organization

and Employees. Section 102 of 1970 Reorg. Plan No. 2 redesignated

Bureau of the Budget as Office of Management and Budget.

Secretary of the Interior authorized to exercise authority in

relation to issuance of ship mortgage insurance on fishing vessels

comparable to authority of Secretary of Commerce under Merchant

Marine Act of 1936, as amended, see Pub. L. 86-577, July 5, 1960,

74 Stat. 314, set out as a note under section 1275 of Title 46,

Appendix, Shipping.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742f. Powers of Secretaries of the Interior and Commerce

-STATUTE-

(a) Policies, procedures, and recommendations

The Secretary of the Interior, with such advice and assistance as

he may require from the Assistant Secretary for Fish and Wildlife,

shall consider and determine the policies and procedures that are

necessary and desirable in carrying out efficiently and in the

public interest the laws relating to fish and wildlife. The

Secretary, with the assistance of the departmental staff herein

authorized, shall -

(1) develop and recommend measures which are appropriate to

assure the maximum sustainable production of fish and fishery

products and to prevent unnecessary and excessive fluctuations in

such production;

(2) study the economic condition of the industry, and whenever

he determines that any segment of the domestic fisheries has been

seriously disturbed either by wide fluctuation in the abundance

of the resource supporting it, or by unstable market or fishing

conditions or due to any other factors he shall make such

recommendations to the President and the Congress as he deems

appropriate to aid in stabilizing the domestic fisheries;

(3) develop and recommend special promotional and informational

activities with a view to stimulating the consumption of fishery

products whenever he determines that there is a prospective or

actual surplus of such products; and

(4) take such steps as may be required for the development,

advancement, management, conservation, and protection of fish and

wildlife resources including, but not limited to, research,

development of existing facilities, and acquisition by purchase

or exchange of land and water, or interests therein.

(b) Gifts, devises, or bequests for performance of activities and

services of United States Fish and Wildlife Service;

restrictive or affirmative covenants or conditions of

servitude; separate account in Treasury; disbursement orders;

gifts or bequests to United States for Federal tax purposes

(1) In furtherance of the purposes of this Act, the Secretary of

the Interior is authorized to accept any gifts, devises, or

bequests of real and personal property, or proceeds therefrom, or

interests therein, for the benefit of the United States Fish and

Wildlife Service, in performing its activities and services. Such

acceptance may be subject to the terms of any restrictive or

affirmative covenant, or condition of servitude, if such terms are

deemed by the Secretary to be in accordance with law and compatible

with the purpose for which acceptance is sought.

(2) Use of gifts, devises, and bequests. -

(A) In general. - Any gifts and bequests of money and proceeds

from the sales of other property received as gifts or bequests

pursuant to this subsection shall be deposited in a separate

account in the Treasury and shall be disbursed upon order of the

Secretary for the benefit of programs administered by the United

States Fish and Wildlife Service.

(B) Gifts, devises, and bequests to particular refuges. -

(i) Disbursal. - Any gift, devise, or bequest made for the

benefit of a particular national wildlife refuge or complex of

geographically related refuges shall be disbursed only for the

benefit of that refuge or complex of refuges and without

further appropriations.

(ii) Matching. - Subject to the availability of

appropriations and the requirements of the National Wildlife

Refuge Administration Act of 1966 (16 U.S.C. 668dd et seq.) and

other applicable law, the Secretary may provide funds to match

gifts, devises, and bequests made for the benefit of a

particular national wildlife refuge or complex of

geographically related refuges. With respect to each gift,

devise, or bequest, the amount of Federal funds may not exceed

the amount (or, in the case of property or in-kind services,

the fair market value) of the gift, devise, or bequest.

(3) For the purpose of Federal income, estate, and gift taxes,

property, or proceeds therefrom, or interests therein, accepted

under this subsection shall be considered as a gift or bequest to

the United States.

(c) Volunteer services; incidental expenses; Federal employee

status; authorization of appropriations

(1) The Secretary of the Interior and the Secretary of Commerce

may each recruit, train, and accept, without regard to the

provisions of title 5, the services of individuals without

compensation as volunteers for, or in aid of programs conducted by

either Secretary through the United States Fish and Wildlife

Service or the National Oceanic and Atmospheric Administration.

(2) The Secretary of the Interior and the Secretary of Commerce

are each authorized to provide for incidental expenses such as

transportation, uniforms, lodging, awards (including nominal cash

awards) and recognition, and subsistence of such volunteers without

regard to their places of residence.

(3) Except as otherwise provided in this subsection, a volunteer

shall not be deemed a Federal employee and shall not be subject to

the provisions of law relating to Federal employment, including

those relative to hours of work, rates of compensation, leave,

unemployment compensation, and Federal employee benefits.

(4) For the purpose of the tort claim provisions of title 28, a

volunteer under this subsection shall be considered a Federal

employee.

(5) For the purposes of subchapter I of chapter 81 of title 5,

relating to compensation to Federal employees for work injuries,

volunteers under this subsection shall be deemed employees of the

United States within the meaning of the term ''employees'' as

defined in section 8101 of title 5, and the provisions of that

subchapter shall apply.

(6) Senior volunteer corps. - The Secretary of the Interior may

establish a Senior Volunteer Corps, consisting of volunteers over

the age of 50. To assist in the recruitment and retention of the

volunteers, the Secretary may provide for additional incidental

expenses to members of the Corps beyond the incidental expenses

otherwise provided to volunteers under this subsection. The

members of the Corps shall be subject to the other provisions of

this subsection.

(d) Community partnership enhancement

(1) Definition of partner organization

In this subsection, the term ''partner organization'' means an

organization that -

(A) draws its membership from private individuals,

organizations, corporations, academic institutions, or State or

local governments;

(B) is established to promote the understanding of, education

relating to, and the conservation of the fish, wildlife,

plants, and cultural and historical resources of a particular

refuge or complex of geographically related refuges; and

(C) is described in section 501(c)(3) of title 26 and is

exempt from taxation under section 501(a) of that title.

(2) Cooperative agreements

(A) In general

The Secretary of the Interior may enter into a cooperative

agreement (within the meaning of chapter 63 of title 31) with

any partner organization, academic institution, or State or

local government agency to carry out 1 or more projects or

programs for a refuge or complex of geographically related

refuges in accordance with this subsection.

(B) Projects and programs

Subject to the requirements of the National Wildlife Refuge

System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and

other applicable law, and such terms and conditions as the

Secretary determines to be appropriate, the Secretary may

approve projects and programs for a refuge or complex of

geographically related refuges that -

(i) promote the stewardship of resources of the refuge

through habitat maintenance, restoration, and improvement,

biological monitoring, or research;

(ii) support the operation and maintenance of the refuge

through constructing, operating, maintaining, or improving

the facilities and services of the refuge;

(iii) increase awareness and understanding of the refuge

and the National Wildlife Refuge System through the

development, publication, or distribution of educational

materials and products;

(iv) advance education concerning the purposes of the

refuge and the mission of the System through the use of the

refuge as an outdoor classroom and development of other

educational programs; or

(v) contribute financial resources to the refuge, under

terms that require that the net revenues be used exclusively

for the benefit of the refuge, through donation of net

revenues from the sale of educational materials and products

and through encouragement of gifts, devises, and bequests.

(C) Federal funding and ownership

(i) Matching

Subject to the availability of appropriations and the

requirements of the National Wildlife Refuge Administration

Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable

law, the Secretary may provide funds to match non-Federal

funds donated under a cooperative agreement under this

paragraph. With respect to each project or program, the

amount of funds provided by the Secretary may not exceed the

amount of the non-Federal funds donated through the project

or program.

(ii) Use of Federal funds

Any Federal funds used to fund a project or program under a

cooperative agreement may be used only for expenses directly

related to the project or program and may not be used for

operation or administration of any non-Federal entity.

(iii) Ownership of facilities

Any new facility, improvement to an existing facility, or

other permanent improvement to a refuge constructed under

this subsection shall be the property of the United States

Government.

(D) Treasury account

Amounts received by the Secretary of the Interior as a result

of projects and programs under subparagraph (B) shall be

deposited in a separate account in the Treasury. Amounts in the

account that are attributable to activities at a particular

refuge or complex of geographically related refuges shall be

available to the Secretary of the Interior, without further

appropriation, to pay the costs of incidental expenses related

to volunteer activities, and to carry out cooperative

agreements for the refuge or complex of refuges.

(e) Refuge education program enhancement

(1) Guidance

Not later than 1 year after October 5, 1998, the Secretary of

the Interior shall develop guidance for refuge education programs

to further the mission of the National Wildlife Refuge System and

the purposes of individual refuges through -

(A) providing outdoor classroom opportunities for students on

national wildlife refuges that combine educational curricula

with the personal experiences of students relating to fish,

wildlife, and plants and their habitat and to the cultural and

historical resources of the refuges;

(B) promoting understanding and conservation of fish,

wildlife, and plants and cultural and historical resources of

the refuges; and

(C) improving scientific literacy in conjunction with both

formal and nonformal education programs.

(2) Refuge programs

Based on the guidance developed under paragraph (1), the

Secretary of the Interior may develop or enhance refuge education

programs as appropriate, based on the resources of individual

refuges and the opportunities available for such programs in

State, local, and private schools. In developing and

implementing each program, the Secretary should cooperate with

State and local education authorities, and may cooperate with

partner organizations in accordance with subsection (d) of this

section.

(f) Authorization of appropriations

There is authorized to be appropriated to the Secretary of the

Interior to carry out subsections (b), (c), (d), and (e) of this

section $2,000,000 for each of fiscal years 1999 through 2004.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 7, 70 Stat. 1122; Pub. L. 95-616,

Sec. 4, Nov. 8, 1978, 92 Stat. 3112; Pub. L. 97-347, Sec. 2, Oct.

18, 1982, 96 Stat. 1652; Pub. L. 98-44, title I, Sec. 103(a)(2),

July 12, 1983, 97 Stat. 216; Pub. L. 98-498, title IV, Sec. 430(2),

Oct. 19, 1984, 98 Stat. 2310; Pub. L. 105-242, Sec. 3, 4(b), (c),

5-7, Oct. 5, 1998, 112 Stat. 1574-1578.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), is act Aug. 8, 1956, ch.

1036, known as the Fish and Wildlife Act of 1956, which is

classified generally to sections 742a to 742d and 742e to 742j-2 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 742a of this title and

Tables.

The National Wildlife Refuge Administration Act of 1966, referred

to in subsecs. (b)(2)(B)(ii) and (d)(2)(B), (C)(i), probably means

the National Wildlife Refuge System Administration Act of 1966,

which consists of sections 4 and 5 of Pub. L. 89-699, Oct. 15,

1966, 80 Stat. 927, as amended, and is classified to sections 668dd

and 668ee of this title. For further details, see Short Title note

set out under section 668dd of this title.

The tort claim provisions of title 28, referred to in subsec.

(c)(4), 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.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-242, Sec. 3, inserted par. (2)

heading, designated existing provisions as subpar. (A) and inserted

heading, and added subpar. (B).

Subsec. (c)(2). Pub. L. 105-242, Sec. 4(b), inserted ''awards

(including nominal cash awards) and recognition,'' after

''lodging,'' and ''without regard to their places of residence''

after ''volunteers''.

Subsec. (c)(6). Pub. L. 105-242, Sec. 4(c), added par. (6) and

struck out former par. (6) which read as follows: ''There are

authorized to be appropriated to carry out this subsection $100,000

for the Secretary of the Interior and $50,000 for the Secretary of

Commerce for each of the fiscal years 1980, 1981, 1982, 1983, 1984,

1985, and 1986.''

Subsecs. (d) to (f). Pub. L. 105-242, Sec. 5-7, added subsecs.

(d) to (f).

1984 - Subsec. (c)(6). Pub. L. 98-498 substituted ''1984, 1985,

and 1986'' for ''and 1984''.

1983 - Subsec. (c)(6). Pub. L. 98-44 substituted '', 1983, and

1984'' for ''and 1983''.

1982 - Subsec. (c)(6). Pub. L. 97-347 substituted ''1982 and

1983'' for ''and 1982''.

1978 - Subsec. (a)(4). Pub. L. 95-616, Sec. 4(1), reenacted

existing provisions, substituting reference to fish resources for

prior reference to fisheries resources and incorporated provisions

of par. (5) relating to wildlife resources, substituting reference

to acquisition by purchase or exchange of land and water for prior

reference to acquisition of refuge lands.

Subsec. (a)(5). Pub. L. 95-616, Sec. 4(1), struck out par. (5)

relating to wildlife resources. See par. (4).

Subsecs. (b), (c). Pub. L. 95-616, Sec. 4(3), added subsecs. (b)

and (c).

-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.

-MISC5-

CONGRESSIONAL FINDINGS AND PURPOSES

Pub. L. 105-242, Sec. 2, Oct. 5, 1998, 112 Stat. 1574, provided

that:

''(a) Findings. - Congress finds that -

''(1) the National Wildlife Refuge System (referred to in this

Act (amending this section and enacting provisions set out as

notes under this section and section 742a of this title) as the

'System'), consisting of more than 500 refuges and 93,000,000

acres, plays an integral role in the protection of the natural

resources of the United States;

''(2) the National Wildlife Refuge System Improvement Act of

1997 (Public Law 105-57; 111 Stat. 1252) (see Tables for

classification) significantly improved the law governing the

System, although the financial resources for implementing this

law and managing the System remain limited;

''(3) by encouraging volunteer programs and donations, and

facilitating non-Federal partnerships with refuges, Federal

funding for the refuges can be supplemented and the System can

fully benefit from the amendments made by the National Wildlife

Refuge System Improvement Act of 1997; and

''(4) by encouraging refuge educational programs, public

awareness of the resources of the System and public participation

in the conservation of those resources can be promoted.

''(b) Purposes. - The purposes of this Act are -

''(1) to encourage the use of volunteers to assist the United

States Fish and Wildlife Service in the management of refuges

within the System;

''(2) to facilitate partnerships between the System and

non-Federal entities to promote public awareness of the resources

of the System and public participation in the conservation of

those resources; and

''(3) to encourage donations and other contributions by persons

and organizations to the System.''

PILOT PROJECTS

Pub. L. 105-242, Sec. 4(a), Oct. 5, 1998, 112 Stat. 1575,

provided that:

''(1) In general. - Subject to the availability of

appropriations, the Secretary of the Interior shall carry out a

pilot project at 2 or more national wildlife refuges or complexes

of geographically related refuges in each United States Fish and

Wildlife Service region, but not more than 20 pilot projects

nationwide.

''(2) Volunteer coordinator. - Each pilot project shall provide

for the employment of a full-time volunteer coordinator for the

refuge or complex of geographically related refuges. The volunteer

coordinator shall be responsible for recruiting, training, and

supervising volunteers. The volunteer coordinator may be

responsible for assisting partner organizations in developing

projects and programs under cooperative agreements under section

7(d) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(d)) (as

added by section 5) and coordinating volunteer activities with

partner organizations to carry out the projects and programs.

''(3) Report. - Not later than 3 years after the date of

enactment of this Act (Oct. 5, 1998), the Secretary of the Interior

shall submit a report to the Committee on Resources of the House of

Representatives and the Committee on Environment and Public Works

of the Senate evaluating and making recommendations regarding the

pilot projects.

''(4) Authorization of appropriations. - There is authorized to

be appropriated to carry out this subsection $2,000,000 for each of

fiscal years 1999 through 2002.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460l-9, 1534, 3705 of

this title.

-CITE-

16 USC Sec. 742g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742g. Cooperation with State Department

-STATUTE-

(a) Representation at international meetings

The Secretary shall cooperate to the fullest practicable extent

with the Secretary of State in providing representation at all

meetings and conferences relating to fish and wildlife in which

representatives of the United States and foreign countries

participate.

The Secretary of State shall designate the Secretary of the

Interior or the Assistant Secretary for Fish and Wildlife, or a

person designated by the Secretary of the Interior to represent the

Department of the Interior, as a member of the United States

delegation attending such meetings and conferences and also as a

member of the negotiating team of any such delegation.

(b) Consultation with officials responsible for technical and

economic aid

The Secretary of State and all other officials having

responsibilities in the fields of technical and economic aid to

foreign nations shall consult with the Secretary in all cases in

which the interests of fish and wildlife are involved, with a view

to assuring that such interests are adequately represented at all

times.

(c) International negotiations

Notwithstanding any other provision of law, the Secretary shall

be represented in all international negotiations conducted by the

United States pursuant to section 1351 of title 19, in any case in

which fish products are directly affected by such negotiations.

(d) Consultation with governmental, private nonprofit, and other

organizations

The Secretary shall consult periodically with the various

governmental, private nonprofit, and other organizations and

agencies which have to do with any phase of fish and wildlife with

respect to any problems that may arise in connection with such fish

and wildlife.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 8, 70 Stat. 1123.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742h. Reports on fishery products

-STATUTE-

(a) Repealed. Pub. L. 96-470, title I, Sec. 103(a), Oct. 19,

1980, 94 Stat. 2237.

(b) The Secretary is authorized to make a report to the President

and the Congress, and, when requested by the United States

International Trade Commission in connection with section 1364 of

title 19, or when an investigation is made under the Tariff Act of

1930 (19 U.S.C. 1332), the Secretary is authorized to make a report

to such Commission, concerning the following matters with respect

to any fishery product which is imported into the United States, or

such reports may be made upon a request from any segment of the

domestic industry producing a like or directly competitive product

-

(1) whether there has been a downward trend in the production,

employment in the production, or prices, or a decline in the

sales, of the like or directly competitive product by the

domestic industry; and

(2) whether there has been an increase in the imports of the

fishery products into the United States, either actual or

relative to the production of the like or directly competitive

product produced by the domestic industry.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 9, 70 Stat. 1123; Pub. L. 93-618,

title I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009; Pub. L. 96-470,

title I, Sec. 103(a), Oct. 19, 1980, 94 Stat. 2237.)

-REFTEXT-

REFERENCES IN TEXT

Section 1364 of title 19, referred to in subsec. (b), was

repealed by Pub. L. 87-794, title II, Sec. 257(e)(1), Oct. 11,

1962, 76 Stat. 882.

-MISC2-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-470 struck out subsec. (a) which

required Secretary of the Interior to make an annual report to

Congress with respect to activities of United States Fish and

Wildlife Service under this Act, accompanied by appropriate

legislative recommendations.

1975 - Subsec. (b). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission''.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742i. Effect on rights of States and international commissions

-STATUTE-

Nothing in this Act shall be construed (1) to interfere in any

manner with the rights of any State under the Submerged Lands Act

(43 U.S.C. 1301 et seq.) or otherwise provided by law, or to

supersede any regulatory authority over fisheries exercised by the

States either individually or under interstate compacts; or (2) to

interfere in any manner with the authority exercised by any

International Commission established under any treaty or convention

to which the United States is a party.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 10, 70 Stat. 1124.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70

Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,

which is classified generally to sections 742a to 742d and 742e to

742j-2 of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 742a of this

title and Tables.

The Submerged Lands Act, referred to in text, is act May 22,

1953, ch. 65, 67 Stat. 29, as amended, which is classified

generally to subchapters I and II (Sec. 1301 et seq., 1311 et seq.)

of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1301 of Title 43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742j. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the provisions of this Act.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 11, 70 Stat. 1124.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70

Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,

which is classified generally to sections 742a to 742d and 742e to

742j-2 of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 742a of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742j-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742j-1. Airborne hunting

-STATUTE-

(a) Prohibition; penalty

Any person who -

(1) while airborne in an aircraft shoots or attempts to shoot

for the purpose of capturing or killing any bird, fish, or other

animal; or

(2) uses an aircraft to harass any bird, fish, or other animal;

or

(3) knowingly participates in using an aircraft for any purpose

referred to in paragraph (1) or (2);

shall be fined not more than $5,000 or imprisoned not more than one

year, or both.

(b) Exception; report of State to Secretary

(1) This section shall not apply to any person if such person is

employed by, or is an authorized agent of or is operating under a

license or permit of, any State or the United States to administer

or protect or aid in the administration or protection of land,

water, wildlife, livestock, domesticated animals, human life, or

crops, and each such person so operating under a license or permit

shall report to the applicable issuing authority each calendar

quarter the number and type of animals so taken.

(2) In any case in which a State, or any agency thereof, issues a

permit referred to in paragraph (1) of this subsection, it shall

file with the Secretary of the Interior an annual report containing

such information as the Secretary shall prescribe, including but

not limited to -

(A) the name and address of each person to whom a permit was

issued;

(B) a description of the animals authorized to be taken

thereunder, the number of animals authorized to be taken, and a

description of the area from which the animals are authorized to

be taken;

(C) the number and type of animals taken by such person to whom

a permit was issued; and

(D) the reason for issuing the permit.

(c) ''Aircraft'' defined

As used in this section, the term ''aircraft'' means any

contrivance used for flight in the air.

(d) Enforcement; regulations; arrest; search; issuance and

execution of warrants and process; cooperative agreements

The Secretary of the Interior shall enforce the provisions of

this section and shall promulgate such regulations as he deems

necessary and appropriate to carry out such enforcement. Any

employee of the Department of the Interior authorized by the

Secretary of the Interior to enforce the provisions of this section

may, without warrant, arrest any person committing in his presence

or view a violation of this section or of any regulation issued

hereunder and take such person immediately for examination or trial

before an officer or court of competent jurisdiction; may execute

any warrant or other process issued by an officer or court of

competent jurisdiction for the enforcement of the provisions of

this section; and may, with or without a warrant, as authorized by

law, search any place. The Secretary of the Interior is authorized

to enter into cooperative agreements with State fish and wildlife

agencies or other appropriate State authorities to facilitate

enforcement of this section, and by such agreements to delegate

such enforcement authority to State law enforcement personnel as he

deems appropriate for effective enforcement of this section. Any

judge of any court established under the laws of the United States,

and any United States magistrate judge may, within his respective

jurisdiction, upon proper oath or affirmation showing probable

cause, issue warrants in all such cases.

(e) Forfeiture

All birds, fish, or other animals shot or captured contrary to

the provisions of this section, or of any regulation issued

hereunder, and all guns, aircraft, and other equipment used to aid

in the shooting, attempting to shoot, capturing, or harassing of

any bird, fish, or other animal in violation of this section or of

any regulation issued hereunder shall be subject to forfeiture to

the United States.

(f) Certain customs laws applied

All provisions of law relating to the seizure, forfeiture, and

condemnation of a vessel for violation of the customs laws, the

disposition of such vessel or the proceeds from the sale thereof,

and the remission or mitigation of such forfeitures, shall apply to

the seizures and forfeitures incurred, or alleged to have been

incurred, under the provisions of this section, insofar as such

provisions of law are applicable and not inconsistent with the

provisions of this section; except that all powers, rights, and

duties conferred or imposed by the customs laws upon any officer or

employee of the Treasury Department shall, for the purposes of this

section, be exercised or performed by the Secretary of the Interior

or by such persons as he may designate.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 13, as added Pub. L. 92-159, Sec. 1,

Nov. 18, 1971, 85 Stat. 480; amended Pub. L. 92-502, Oct. 18, 1972,

86 Stat. 905; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,

104 Stat. 5117.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (f), are classified

generally to Title 19, Customs Duties.

-MISC2-

AMENDMENTS

1972 - Subsecs. (d) to (f). Pub. L. 92-502 added subsecs. (d) to

(f).

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (d) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE

Section 3 of Pub. L. 92-159 provided that: ''The amendments made

by the first section of this Act (enacting this section) shall take

effect as of the thirtieth day after the date of enactment of such

section (Nov. 18, 1971); except that, in any case in which a State

is not authorized to issue any permit referred to in the amendments

made by such first section, such amendments shall take effect in

any such State as of the thirtieth day after the expiration of the

next regular session of the legislature of such State which begins

on or after the date of enactment of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title; title

49 section 44709.

-CITE-

16 USC Sec. 742j-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742j-2. Uniform allowance

-STATUTE-

Notwithstanding subsection (FOOTNOTE 1) 5901(a) of title 5, the

uniform allowance for each uniformed employee of the United States

Fish and Wildlife Service may be up to $400 annually.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(Aug. 8, 1956, ch. 1036, Sec. 14, as added Pub. L. 96-291, Sec. 2,

June 28, 1980, 94 Stat. 608.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1534 of this title.

-CITE-

16 USC Sec. 742k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742k. Management and disposition of vessels and other property

acquired and arising out of fishery loans or related type of

activities

-STATUTE-

For the purpose of facilitating administration of, and protecting

the interest of the Government in, the fishery loan fund

established by section 742c of this title and any related type of

activities relating to fisheries for which the Department of the

Interior is now or may hereafter be responsible, the Secretary of

the Interior, notwithstanding any other provisions of law, may

hereafter administer, complete, recondition, reconstruct, renovate,

repair, maintain, operate, charter, assign, or sell upon such terms

and conditions as he may deem most advantageous to the United

States, any vessel, plant, or other property acquired by him on

behalf of the United States and arising out of any fishery loan or

any related type of activity by the Secretary of the Interior. The

Secretary may use any of the applicable funds in each particular

instance for the aforesaid purposes.

-SOURCE-

(Pub. L. 87-219, Sept. 13, 1961, 75 Stat. 493.)

-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 Transfer of Functions note set out

under section 742b of this title.

-CITE-

16 USC Sec. 742l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-

Sec. 742l. Enforcement authority for the protection of fish and

wildlife resources

-STATUTE-

(a) Law enforcement training program

(1) In order to provide for and encourage training, research, and

development for the purpose of improving fish and wildlife law

enforcement and developing new methods for the prevention,

detection, and reduction of violation of fish and wildlife laws,

and the apprehension of violators of such laws, the Secretary of

the Interior and the Secretary of Commerce may each -

(A) establish and conduct national training programs to

provide, at the request of any State, training for State fish and

wildlife law enforcement personnel;

(B) develop new or improved approaches, techniques, systems,

equipment, and service to improve and strengthen fish and

wildlife law enforcement; and

(C) assist in conducting, at the request of any appropriate

State official, local or regional training programs for the

training of State fish and wildlife law enforcement personnel.

Such training programs 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.

-MISC3-

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.''

-CITE-

16 USC Sec. 742m 01/06/03

-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.)

-CITE-

16 USC Sec. 743 01/06/03

-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.

-CITE-

16 USC Sec. 743a 01/06/03

-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.

-MISC2-

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.

-CITE-

16 USC Sec. 744 01/06/03

-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. Sec. 4396, 4397; Mar. 3, 1887, ch. 362, 24 Stat. 523; June

21, 1916, ch. 160, Sec. 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, Sec. 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.

-MISC3-

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, Sec. 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.

-MISC5-

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.

-CITE-

16 USC Sec. 745 01/06/03

-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, Sec. 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.

-CITE-

16 USC Sec. 746 01/06/03

-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, Sec. 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.

-CITE-

16 USC Sec. 746a 01/06/03

-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.)

-CITE-

16 USC Sec. 747 01/06/03

-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.

-CITE-

16 USC Sec. 748 01/06/03

-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, Sec. 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.

-CITE-

16 USC Sec. 749 01/06/03

-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.

-CITE-

16 USC Sec. 750 01/06/03

-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, Sec. 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.

-CITE-

16 USC Sec. 751 01/06/03

-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, Sec. 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.

-CITE-

16 USC Sec. 752 01/06/03

-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.

-CITE-

16 USC Sec. 753 01/06/03

-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.

-MISC2-

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, Sec. 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.

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16 USC Sec. 753a 01/06/03

-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 (FOOTNOTE 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.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-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.

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16 USC Sec. 753b 01/06/03

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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.)

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16 USC Sec. 754 01/06/03

-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.

-MISC3-

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, Sec. 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.

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16 USC Sec. 754a 01/06/03

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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, Sec. 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.

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16 USC Sec. 754b 01/06/03

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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.)

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16 USC Sec. 754c 01/06/03

-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.)

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16 USC Sec. 754d 01/06/03

-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.)

-CITE-