16 USC 742f Fish and Wildlife Act

Page 1179

TITLE 16—CONSERVATION

sources 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.
(Aug. 8, 1956, ch. 1036, § 6, 70 Stat. 1122; 1970
Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R.
7959, 84 Stat. 2085.)
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.
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.
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.

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

§ 742f

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 System 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 serv-

§ 742f

TITLE 16—CONSERVATION

ices, 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.

Page 1180

(2) Cooperative agreements
(A) In general
Notwithstanding chapter 63 of title 31, the
Secretary of the Interior may negotiate and
enter into a cooperative agreement with a
partner organization, academic institution,
State or local government agency, or other
person to implement one or more projects or
programs for a refuge or complex of geographically related refuges in accordance
with the purposes of this subsection and in
compliance with the policies of other relevant authorities, regulations, and policy
guidance.
(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 System 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

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§ 742f

TITLE 16—CONSERVATION

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).
(f) Report
Not later than 1 year after January 4, 2011, and
every 5 years thereafter, the Secretary of the Interior shall submit a report to the Committee
on Natural Resources of the House of Representatives and the Committee on Environment and
Public Works of the Senate—
(1) evaluating the accomplishments of the
volunteer program, the community partnerships program, and the refuge education programs authorized under this section, and of

the National Volunteer Coordination Program
and volunteer coordination strategy under
section 742f–1 of this title; and
(2) making recommendations to improve the
effectiveness of such programs, including regarding implementing subparagraphs (A), (B),
and (C) of paragraph (1) of subsection (e).
(g) Authorization of appropriations
There is authorized to be appropriated to the
Secretary of the Interior to carry out subsections (b), (c), (d), (e), and (f), $2,000,000 for
each of fiscal years 2011 through 2014.
(Aug. 8, 1956, ch. 1036, § 7, 70 Stat. 1122; Pub. L.
95–616, § 4, Nov. 8, 1978, 92 Stat. 3112; Pub. L.
97–347, § 2, Oct. 18, 1982, 96 Stat. 1652; Pub. L.
98–44, title I, § 103(a)(2), July 12, 1983, 97 Stat. 216;
Pub. L. 98–498, title IV, § 430(2), Oct. 19, 1984, 98
Stat. 2310; Pub. L. 105–242, §§ 3, 4(b), (c), 5–7, Oct.
5, 1998, 112 Stat. 1574–1578; Pub. L. 108–327, §§ 2, 4,
Oct. 16, 2004, 118 Stat. 1271; Pub. L. 111–357, §§ 2,
4(a), Jan. 4, 2011, 124 Stat. 3979, 3980.)
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 System Administration
Act of 1966, referred to in subsecs. (b)(2)(B)(ii) and
(d)(2)(B), (C)(i), consists of sections 4 and 5 of Pub. L.
89–699, Oct. 15, 1966, 80 Stat. 927, 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.
AMENDMENTS
2011—Subsec. (b)(2)(B)(ii). Pub. L. 111–357, § 2(b), substituted ‘‘National Wildlife Refuge System Administration Act of 1966’’ for ‘‘National Wildlife Refuge Administration Act of 1966’’.
Subsec. (d)(2)(C)(i). Pub. L. 111–357, § 2(b), substituted
‘‘National Wildlife Refuge System Administration Act
of 1966’’ for ‘‘National Wildlife Refuge Administration
Act of 1966’’.
Subsec. (f). Pub. L. 111–357, § 4(a)(2), added subsec. (f).
Former subsec. (f) redesignated (g).
Pub. L. 111–357, § 2(a), amended subsec. (f) generally.
Prior to amendment, text read as follows: ‘‘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 2004
through 2009.’’
Subsec. (g). Pub. L. 111–357, § 4(a)(1), redesignated subsec. (f) as (g).
2004—Subsec. (d)(2)(A). Pub. L. 108–327, § 4, reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘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.’’
Subsec. (f). Pub. L. 108–327, § 2, reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘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.’’
1998—Subsec. (b)(2). Pub. L. 105–242, § 3, inserted par.
(2) heading, designated existing provisions as subpar.
(A) and inserted heading, and added subpar. (B).

§ 742f–1

TITLE 16—CONSERVATION

Subsec. (c)(2). Pub. L. 105–242, § 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, § 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, §§ 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, § 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, § 4(1), struck out par. (5)
relating to wildlife resources. See par. (4).
Subsecs. (b), (c). Pub. L. 95–616, § 4(3), added subsecs.
(b) and (c).
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.
CONGRESSIONAL FINDINGS AND PURPOSES
Pub. L. 105–242, § 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, § 4(a), Oct. 5, 1998, 112 Stat. 1575, as
amended, formerly set out as a note under this section,
was transferred and is classified to section 742f–1 of this
title.

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§ 742f–1. National Volunteer Coordination Program
(1) In general
Subject to the availability of appropriations,
and in conformance with the strategy developed
under paragraph (2) and consistent with the authorities regarding gifts, volunteer services,
community partnerships, and refuge education
enhancement under section 742f of this title, the
Secretary of the Interior, through the Director
of the United States Fish and Wildlife Service,
shall carry out a National Volunteer Coordination Program within the National Wildlife Refuge System to—
(A) augment and support the capabilities
and efforts of Federal employees to implement
resource management, conservation, and public education programs and activities across
the National Wildlife Refuge System;
(B) provide meaningful opportunities for volunteers to support the resource management,
conservation, and public education programs
and activities of national wildlife refuges or
complexes of geographically related national
wildlife refuges in each United States Fish and
Wildlife Service region; and
(C) fulfill the purpose and mission of the National Wildlife Refuge System under the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.).
(2) Volunteer coordination strategy
(A) In general
No later than one year after January 4, 2011,
the Director shall publish in the Federal Register a national strategy for the coordination
and utilization of volunteers within the National Wildlife Refuge System.
(B) Consultation required
The strategy shall be developed in consultation with State fish and wildlife agencies, Indian tribes, refuge friends groups or similar
volunteer organizations, and other relevant
stakeholders.
(C) Volunteer coordinators
The Director shall provide, subject to the
availability of appropriations, no less than one
regional volunteer coordinator for each United
States Fish and Wildlife Service region to implement the strategy published under this
paragraph. Such coordinators may be responsible for assisting partner organizations in developing and implementing volunteer projects
and activities under cooperative agreements
under section 742f(d) of this title.
(3) Authorization of appropriations
There is authorized to be appropriated to
carry out this subsection $2,000,000 for each fiscal year through fiscal year 2014.
(Pub. L. 105–242, § 4(a), Oct. 5, 1998, 112 Stat. 1575;
Pub. L. 108–327, § 3, Oct. 16, 2004, 118 Stat. 1271;
Pub. L. 111–357, §§ 3, 4(b), Jan. 4, 2011, 124 Stat.
3979, 3981.)
REFERENCES IN TEXT
The National Wildlife Refuge System Administration
Act of 1966, referred to in par. (1)(C), consists of sections 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927