Fish and Wildlife Act of 1956 (16 USC 742f)

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16 U.S.C.
United States Code, 2017 Edition
Title 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 9—FISH AND WILDLIFE SERVICE
Sec.

741, 742.
742a.
742b.
742b–1.
742c.
742c–1.
742d.
742d–1.
742e.
742f.
742f–1.
742g.
742h.
742i.
742j.
742j–1.
742j–2.
742k.
742l.
742l–1.
742m.
743.
743a.
744.
745.
746.
746a.
747.
748.
749.
750.
751.
752.
753.
753a.
753b.
754.
754a.
754b.

Repealed or Omitted.
Declaration of policy.
United States Fish and Wildlife Service.
Assistant Director for Wildlife and Sport Fish Restoration Programs.
Loans for financing or refinancing of cost of purchasing, constructing, equipping,
maintaining, repairing, or operating commercial fishing vessels or gear.
Investment in obligations of the United States; proceeds to be used for fisheries.
Investigations; preparation and dissemination of information; reports.
Studies of effects in use of chemicals.
Transfer of functions to Secretary.
Powers of Secretaries of the Interior and Commerce.
National Volunteer Coordination Program.
Cooperation with State Department.
Reports on fishery products.
Effect on rights of States and international commissions.
Authorization of appropriations.
Airborne hunting.
Uniform allowance.
Management and disposition of vessels and other property acquired and arising out of
fishery loans or related type of activities.
Enforcement authority for the protection of fish and wildlife resources.
Authority to use available law enforcement funds.
Relinquishment of exclusive legislative jurisdiction.
Repealed.
Detail of personnel and loan of equipment to Director of Bureau of Sport Fisheries and
Wildlife.
Investigations; fish propagation; investigations of damages by predacious fishes;
executive assistance.
Powers of Secretary.
Vessels of Fish and Wildlife Service.
Operation and maintenance fees for the M/V Tiglax and other vessels.
Omitted.
Expenditure of appropriations for propagation of food fishes.
Omitted.
Station on Mississippi River for rescue of fishes and propagation of mussels.
Personnel.
Omitted.
Cooperative work.
Cooperative research and training programs for fish and wildlife resources.
Authorization of appropriations.
Commutation of rations for officers and crews of vessels of Service.
Appropriations for United States Fish and Wildlife Service; purchases from.
Funds from private entities credited to Resource Management account.

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754c.
754d.
754e.

Work under reimbursable agreements; recording obligations and crediting amounts
received.
Fee schedule for forensic laboratory services.
Funds for contaminant sample analyses.

§741. Repealed. Pub. L. 88–488, title IV, §402(a)(3), Aug. 19, 1964, 78 Stat. 492
Section, R.S. §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.

§742. Omitted
C
Section, acts Mar. 4, 1911, ch. 285, §1, 36 Stat. 1436; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, provided for
an acting Commissioner of Fisheries.
T
F
Reorg. Plan No. II of 1939, §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, §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, §3, 70 Stat. 1119. See section 742b of this
title.
E . O . N . 9634. E
F
C
Z
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.

H

ST

.

§742a. Declaration of policy
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
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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.
(Aug. 8, 1956, ch. 1036, §2, 70 Stat. 1119.)
R
T
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.
S
T
2011 A
Pub. L. 111–357, §1, Jan. 4, 2011, 124 Stat. 3979, provided that: "This Act [amending sections 742f and
742f–1 of this title] may be cited as the 'National Wildlife Refuge Volunteer Improvement Act of 2010'."
S
T
2004 A
Pub. L. 108–327, §1, Oct. 16, 2004, 118 Stat. 1271, provided that: "This Act [amending sections 742f and
742f–1 of this title] may be cited as the 'National Wildlife Refuge Volunteer Act of 2004'."
S
T
1998 A
Pub. L. 105–328, §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, §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'."
S

T

1978 A

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Pub. L. 95–616, §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'."
S
T
Act Aug. 8, 1956, ch. 1036, §1, 70 Stat. 1119, 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'."

§742b. United States Fish and Wildlife Service
(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) 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.
(Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1120; Pub. L. 87–367, title I, §103(14), Oct. 4, 1961, 75 Stat.
788; Pub. L. 87–793, §607(a)(5), Oct. 11, 1962, 76 Stat. 849; Pub. L. 93–271, §1, Apr. 22, 1974, 88
Stat. 92.)
R
T
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.
A
1974—Subsec. (a). Pub. L. 93–271, §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
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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, §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, §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, §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, §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".
E
D
1974 A
Pub. L. 93–271, §3, Apr. 22, 1974, 88 Stat. 92, 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."
E
D
1962 A
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.
T
F
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.
F
T
N
C
T
C
Pub. L. 104–208, div. A, title I, §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."

§742b–1. Assistant Director for Wildlife and Sport Fish Restoration Programs
(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.
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(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.).
(Pub. L. 106–408, title I, §132, Nov. 1, 2000, 114 Stat. 1775.)
R
T
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 (§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 (§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.

§742c. Loans for financing or refinancing of cost of purchasing, constructing,
equipping, maintaining, repairing, or operating commercial fishing vessels
or gear
(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.

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(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 section 50501 of title 46 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.
(Aug. 8, 1956, ch. 1036, §4, 70 Stat. 1121; Pub. L. 85–888, Sept. 2, 1958, 72 Stat. 1710; Pub. L. 88–
309, §9, May 20, 1964, 78 Stat. 199; Pub. L. 89–85, §§1–4, July 24, 1965, 79 Stat. 262; Pub. L. 91–
279, §9, June 12, 1970, 84 Stat. 309; Pub. L. 91–387, §§1, 2, Aug. 24, 1970, 84 Stat. 829; Pub. L.
94–273, §2(8), Apr. 21, 1976, 90 Stat. 375; Pub. L. 96–478, §16(a), Oct. 21, 1980, 94 Stat. 2303;
Pub. L. 97–347, §1, Oct. 18, 1982, 96 Stat. 1652; Pub. L. 98–44, title I, §103(a)(1), July 12, 1983, 97
Stat. 216; Pub. L. 98–498, title IV, §430(1), Oct. 19, 1984, 98 Stat. 2310; Pub. L. 99–659, title IV,
§409, Nov. 14, 1986, 100 Stat. 3740.)
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C
In subsec. (b)(8), "section 50501 of title 46" substituted for "section 2 of the Shipping Act, 1916, as
amended," on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section
50501 of Title 46, Shipping.
A
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, §2, permitted a national of the United States to be an applicant for a fishery
loan.
Subsec. (b)(8). Pub. L. 91–387, §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, §2, added par. (9).
Subsec. (c). Pub. L. 91–387, §1, extended term for making fisheries loans, substituting "June 30, 1980" for
"June 30, 1970" wherever appearing.
1965—Subsec. (a). Pub. L. 89–85, §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, §§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, §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.
E
D
1980 A
Pub. L. 96–478, §16(b), Oct. 21, 1980, 94 Stat. 2304, provided that: "The amendments made by subsection
(a) [amending this section] shall take effect on September 1, 1980."
E

D

1970 A

;F

L
C

F
J

A
30, 1980

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F

J

1, 1970
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Pub. L. 91–387, §3, Aug. 24, 1970, 84 Stat. 829, 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."
E
D
1965 A
;R
F
;A
L
Pub. L. 89–85, §5, July 24, 1965, 79 Stat. 263, 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."
T
F
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.
L
U
F
W
A
1956
Pub. L. 96–561, title II, §221, Dec. 22, 1980, 94 Stat. 3295, as amended by Pub. L. 98–44, title I, §103(b),
July 12, 1983, 97 Stat. 216; Pub. L. 98–498, title IV, §431, Oct. 19, 1984, 98 Stat. 2310, provided that during
the period beginning Dec. 22, 1980, through the close of Sept. 30, 1986, the Secretary of Commerce could
make loans from the fisheries loan fund established under subsec. (c) of this section only for the purpose of
assisting obligors to avoid default on obligations covering fishing vessels and to cover operating losses.

§742c–1. Investment in obligations of the United States; proceeds to be used for
fisheries
All moneys in the Fisheries Loan Fund established under Section 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 53723 of title 46 in connection with fisheries financing under chapter 537 of
title 46 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, as amended, and used for the fisheries purposes provided in chapter 537
of title 46.
(Pub. L. 98–498, title IV, §432, Oct. 19, 1984, 98 Stat. 2310.)
R
T
Section 1102 of the Merchant Marine Act, 1936, referred to in text, is section 1102 of Act June 29, 1936,
ch. 858, which was classified to section 1272 of former Title 46, Appendix, Shipping. Section 1102 was
repealed by Pub. L. 109–304, §19, Oct. 6, 2006, 120 Stat. 1710. See also Historical and Revision Notes under
section 53717 of Title 46, Shipping.
C
In text, "section 53723 of title 46" substituted for "section 1105(d) of the Merchant Marine Act, 1936 (46
U.S.C. 1275), as amended," and "chapter 537 of title 46" substituted for "title XI of the Merchant Marine Act,
1936 (46 U.S.C. 1271–1280), as amended," and for "title XI of the Merchant Marine Act, 1936 (46 U.S.C.
1271–1280), as amended", on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act
enacted chapter 537 of Title 46, Shipping.
1 So

in original. Probably should not be capitalized.

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§742d. Investigations; preparation and dissemination of information; reports
(a) 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:
(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.
(Aug. 8, 1956, ch. 1036, §5, 70 Stat. 1121.)
T
R
R
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.
T
F
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.
1 So

in original. No subsec. (b) has been enacted.

§742d–1. Studies of effects in use of chemicals
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.
(Pub. L. 85–582, §1, Aug. 1, 1958, 72 Stat. 479; 1970 Reorg. Plan No. 3, §2(a)(2)(i), eff. Dec. 2,
1970, 35 F.R. 15623, 84 Stat. 2086.)
T
F
"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.
A
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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."

§742e. Transfer of functions to Secretary
(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.
(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.)
R
T
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.
T
F
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
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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) U
,
,
.—
(A) I
.—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) G
,
,
.—
(i) D
.—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) M
.—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 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.
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(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) S
.—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
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
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(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 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
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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.)
R
T
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.
A
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).
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".
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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).
T
F
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.
C
F
P
Pub. L. 105–242, §2, Oct. 5, 1998, 112 Stat. 1574, provided that:
"(a) F
.—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) P
.—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."
P
P
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.

§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.).
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(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.)
R
T
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 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.
C
Section was formerly set out as a note under section 742f of this title.
A
2011—Pub. L. 111–357, §3(1), substituted "National Volunteer Coordination Program" for "Projects" in
section catchline.
Par. (1). Pub. L. 111–357, §3(2), amended par. (1) generally. Prior to amendment, text read as follows:
"Subject to the availability of appropriations, the Secretary of the Interior shall carry out a project at 2 or more
national wildlife refuges or complexes of geographically related refuges in each United States Fish and
Wildlife Service region."
Par. (2). Pub. L. 111–357, §3(3), amended par. (2) generally. Prior to amendment, text read as follows:
"Each 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 742f(d) of this title and
coordinating volunteer activities with partner organizations to carry out the projects and programs."
Par. (3). Pub. L. 111–357, §4(b), redesignated par. (4) as (3) and struck out former par. (3) relating to
reports.
Par. (4). Pub. L. 111–357, §4(b), redesignated par. (4) as (3).
Pub. L. 111–357, §3(4), substituted "for each fiscal year through fiscal year 2014" for "for for each fiscal
year through fiscal year 2009".
2004–Pub. L. 108–327, §3(1), struck out "Pilot" before "Projects" in section catchline.
Par. (1). Pub. L. 108–327, §3(2), (3), substituted "project" for "pilot project" and struck out ", but not more
than 20 pilot projects nationwide" before period at end.
Par. (2). Pub. L. 108–327, §3(2), substituted "project" for "pilot project".
Par. (3). Pub. L. 108–327, §3(4), substituted "after October 16, 2004, and every 3 years thereafter" for "after
October 5, 1998" and "projects" for "pilot projects".
Par. (4). Pub. L. 108–327, §3(5), substituted "for each fiscal year through fiscal year 2009" for "each of
fiscal years 1999 through 2002".
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§742g. Cooperation with State Department
(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.
(Aug. 8, 1956, ch. 1036, §8, 70 Stat. 1123.)
T
F
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.

§742h. Reports on fishery products
(a) Repealed. Pub. L. 96–470, title I, §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.
(Aug. 8, 1956, ch. 1036, §9, 70 Stat. 1123; Pub. L. 93–618, title I, §171(b), Jan. 3, 1975, 88 Stat.
2009; Pub. L. 96–470, title I, §103(a), Oct. 19, 1980, 94 Stat. 2237.)
R
T
Section 1364 of title 19, referred to in subsec. (b), was repealed by Pub. L. 87–794, title II, §257(e)(1), Oct.
11, 1962, 76 Stat. 882.
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A
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".
T
F
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.

§742i. Effect on rights of States and international commissions
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.
(Aug. 8, 1956, ch. 1036, §10, 70 Stat. 1124.)
R
T
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 (§§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.

§742j. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the
provisions of this Act.
(Aug. 8, 1956, ch. 1036, §11, 70 Stat. 1124.)
R
T
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.

§742j–1. Airborne hunting
(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);

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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.
(Aug. 8, 1956, ch. 1036, §13, as added Pub. L. 92–159, §1, Nov. 18, 1971, 85 Stat. 480; amended
Pub. L. 92–502, Oct. 18, 1972, 86 Stat. 905; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat.
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5117.)
A
1972—Subsecs. (d) to (f). Pub. L. 92–502 added subsecs. (d) to (f).
C
N
"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.
E
D
Pub. L. 92–159, §3, Nov. 18, 1971, 85 Stat. 481, 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."

§742j–2. Uniform allowance
Notwithstanding subsection 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.
(Aug. 8, 1956, ch. 1036, §14, as added Pub. L. 96–291, §2, June 28, 1980, 94 Stat. 608.)
1 So

in original. Probably should be "section".

§742k. Management and disposition of vessels and other property acquired and
arising out of fishery loans or related type of activities
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.
(Pub. L. 87–219, Sept. 13, 1961, 75 Stat. 493.)
T
F
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.

§742l. Enforcement authority for the protection of fish and wildlife resources
(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;
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(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), 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).
(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;
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(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.
(Pub. L. 95–616, §3 (less (e)–(j)), Nov. 8, 1978, 92 Stat. 3110; Pub. L. 97–396, §7, Dec. 31, 1982, 96
Stat. 2006; Pub. L. 105–328, §3, Oct. 30, 1998, 112 Stat. 3058.)
R
T
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.
C
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.
A
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).
C
F
P
Pub. L. 105–328, §2, Oct. 30, 1998, 112 Stat. 3057, provided that:
"(a) F
.—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
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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) P
.—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."

§742l–1. Authority to use available law enforcement funds
In fiscal year 2012 and hereafter of the amount available for law enforcement, up to $400,000, to
remain available until expended, may at the discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on the Secretary's certificate.
(Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 988.)

§742m. Relinquishment of exclusive legislative jurisdiction
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.
(Pub. L. 100–653, title IX, §901, Nov. 14, 1988, 102 Stat. 3834.)

§743. Repealed. Pub. L. 93–280, §1(2), May 10, 1974, 88 Stat. 123
Section, act Mar. 3, 1885, ch. 360, §1(1), 23 Stat. 494, renumbered by Pub. L. 93–280, §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.

§743a. Detail of personnel and loan of equipment to Director of Bureau of Sport
Fisheries and Wildlife
(a) "Agency" defined
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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.
(Mar. 3, 1885, ch. 360, §1(2), as added Pub. L. 93–280, §1(3), May 10, 1974, 88 Stat. 123; amended
Pub. L. 96–470, title II, §206(a), Oct. 19, 1980, 94 Stat. 2244; Pub. L. 103–437, §6(t), Nov. 2, 1994,
108 Stat. 4587.)
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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.
A
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".
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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.
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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. Committee on Resources of House of Representatives changed to Committee on
Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007.

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§744. Investigations; fish propagation; investigations of damages by predacious
fishes; executive assistance
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.
(R.S. §§4396, 4397; Mar. 3, 1887, ch. 362, 24 Stat. 523; June 21, 1916, ch. 160, §§1, 2, 39 Stat. 232;
1939 Reorg. Plan No. II, §4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan
No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1950 Reorg. Plan No. 3, §§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, §101(c), Oct. 19, 1980, 94 Stat. 2237.)
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R.S. §4396 derived from Res. Feb. 9, 1871, No. 22, §2, 16 Stat. 594.
R.S. §4397 derived from Res. Feb. 9, 1871, No. 22, §3, 16 Stat. 594.
A
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.
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F
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, §§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, §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, §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.
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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.

§745. Powers of Secretary
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.
(R.S. §4398; 1940 Reorg. Plan No. III, §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.)
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R.S. §4398 derived from Res. Feb. 9, 1871, No. 22, §4, 16 Stat. 594.
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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, §§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.

§746. Vessels of Fish and Wildlife Service
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.
(May 31, 1880, ch. 113, 21 Stat. 151; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8,
1956, ch. 1036, §3, 70 Stat. 1120.)
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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.
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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, §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, §§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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Transfer and consolidation of bureaus and functions, see note set out under section 742 of this title.

§746a. Operation and maintenance fees for the M/V Tiglax and other vessels
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.
(Pub. L. 105–277, div. A, §101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–236.)

§747. Omitted
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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.

§748. Expenditure of appropriations for propagation of food fishes
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.
(July 1, 1918, ch. 113, §1, 40 Stat. 693; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8,
1956, ch. 1036, §3, 70 Stat. 1120.)
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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, §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, §§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.

§749. Omitted
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Section, act June 16, 1921, ch. 23, §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.

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§750. Station on Mississippi River for rescue of fishes and propagation of mussels
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.
(Apr. 28, 1922, ch. 153, §1, 42 Stat. 501; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232.)
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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, §§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.

§751. Personnel
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.
(Apr. 28, 1922, ch. 153, §2, 42 Stat. 501.)
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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.
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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, §§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.

§752. Omitted
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Section, act July 2, 1942, ch. 473, §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, §1, 55 Stat. 357.

§753. Cooperative work
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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. 2220, 2279i].
(July 2, 1942, ch. 473, §1, 56 Stat. 558; Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1120.)
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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,
§1, Sept. 6, 1966, 80 Stat. 378.
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Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, §1, 55 Stat. 357.
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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, §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, §§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.

§753a. Cooperative research and training programs for fish and wildlife
resources
For the purpose of developing adequate, coordinated, cooperative research and training programs
for fish and wildlife resources, the Secretary of the Interior or the Secretary of Commerce, as
appropriate, is authorized to continue to enter into cooperative agreements with colleges and
universities, with game and fish departments of the several States, and with nonprofit organizations
relating to cooperative research units: Provided, That Federal participation in the conduct of such
cooperative unit programs shall be limited to the assignment of Department of the Interior or
Department of Commerce scientific personnel by the Secretary to serve at the respective units, to the
provision of assistance (including reasonable financial compensation) for the work of researchers on
fish and wildlife ecology and resource management projects funded under this subsection 1 to supply
for the use of the particular units' operations such equipment as may be available to the Secretary for
such purposes, and the payment of incidental expenses of Federal personnel and employees of
cooperating agencies assigned to the units.
(Pub. L. 86–686, §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, §2, Nov. 8, 1978, 92 Stat. 3110.)
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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.
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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 TransAlaska 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.
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1 So

in original. Probably should be "section".

§753b. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out the purposes of
section 753a of this title.
(Pub. L. 86–686, §2, Sept. 2, 1960, 74 Stat. 733.)

§754. Commutation of rations for officers and crews of vessels of Service
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.
(July 2, 1942, ch. 473, §1, 56 Stat. 558; Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1120.)
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"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, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
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Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, §1, 55 Stat. 357.
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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, §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, §§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.

§754a. Appropriations for United States Fish and Wildlife Service; purchases
from
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.
(July 1, 1918, ch. 113, §1, 40 Stat. 694; 1939 Reorg. Plan No. II, §4(e), (f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1120.)
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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, §1, Sept. 13, 1982, 96 Stat. 877.
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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, §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, §§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, §4(e), also set out
in the Appendix to Title 5.

§754b. Funds from private entities credited to Resource Management account
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.
(Pub. L. 106–113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–139.)

§754c. Work under reimbursable agreements; recording obligations and
crediting amounts received
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.
(Pub. L. 106–113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–140.)

§754d. Fee schedule for forensic laboratory services
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.
(Pub. L. 106–291, title I, §136, Oct. 11, 2000, 114 Stat. 948.)

§754e. Funds for contaminant sample analyses
In fiscal year 2012 and hereafter, of the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant sample analyses.
(Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 988.)

https://www.govinfo.gov/content/pkg/USCODE-2017-title16/html/USCODE-2017-title16-chap9.htm

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