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

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16 U.S.C.
United States Code, 2020 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. Repealed or Omitted.
742a.
Declaration of policy.
742b.
United States Fish and Wildlife Service.
742b–1. Assistant Director for Wildlife and Sport Fish Restoration Programs.
742c.
Loans for financing or refinancing of cost of purchasing, constructing,
equipping, maintaining, repairing, or operating commercial fishing
vessels or gear.
742c–1. Investment in obligations of the United States; proceeds to be used for
fisheries.
742d.
Investigations; preparation and dissemination of information; reports.
742d–1. Studies of effects in use of chemicals.
742e.
Transfer of functions to Secretary.
742f.
Powers of Secretaries of the Interior and Commerce.
742f–1. National Volunteer Coordination Program.
742g.
Cooperation with State Department.
742h.
Reports on fishery products.
742i.
Effect on rights of States and international commissions.
742j.
Authorization of appropriations.
742j–1. Airborne hunting.
742j–2. Uniform allowance.
742k.
Management and disposition of vessels and other property acquired
and arising out of fishery loans or related type of activities.
742l.
Enforcement authority for the protection of fish and wildlife resources.
742l–1. Authority to use available law enforcement funds.
742m. Relinquishment of exclusive legislative jurisdiction.
743.
Repealed.
743a.
Detail of personnel and loan of equipment to Director of Bureau of
Sport Fisheries and Wildlife.
744.
Investigations; fish propagation; investigations of damages by
predacious fishes; executive assistance.
745.
Powers of Secretary.
746.
Vessels of Fish and Wildlife Service.
746a.
Operation and maintenance fees for the M/V Tiglax and other vessels.
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747.
748.
749.
750.
751.
752.
753.
753a.
753b.
754.
754a.
754b.
754c.
754d.
754e.

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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.
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
Codification
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.
Transfer of Functions
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.

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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.
Ex. Ord. No. 9634. Establishment of Fishery Conservation Zones
Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 12305, provided in part:
By virtue of and pursuant to the authority vested in me as President of the United States, it is hereby
ordered that the Secretary of State and the Secretary of the Interior shall from time to time jointly recommend
the establishment by Executive orders of fishery conservation zones in areas of the high seas contiguous to the
coasts of the United States, pursuant to the proclamation entitled "Policy of the United States With Respect to
Coastal Fisheries in Certain Areas of the High Seas" [Proc. No. 2668, Sept. 28, 1945, 10 F.R. 12304], this day
signed by me, and said Secretaries shall in each case recommend provisions to be incorporated in such orders
relating to the administration, regulation and control of the fishery resources of and fishing activities in such
zones, pursuant to authority of law heretofore or hereafter provided.

Harry S Truman.      

§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 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
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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.)
References in Text
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, as amended, known as the Fish and
Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title.
For complete classification of this Act to the Code, see Short Title note below and Tables.
Short Title of 2018 Amendment
Pub. L. 115–168, §1, Apr. 23, 2018, 132 Stat. 1284, provided that: "This Act [amending section 742f of this
title] may be cited as the 'Keep America's Refuges Operational Act'."
Short Title of 2011 Amendment
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'."
Short Title of 2004 Amendment
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'."
Short Title of 1998 Amendments
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'."
Short Title of 1978 Amendment
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,
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718c, 718f, 742f, 753a of this title and sections 1114, 3112 of Title 18, Crimes and Criminal Procedure] may
be cited as the 'Fish and Wildlife Improvement Act of 1978'."
Short Title
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.
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(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.)
References in Text
This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, as amended, known as the
Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of
this title. For complete classification of this Act to the Code, see Short Title note set out under section 742a of
this title and Tables.
Amendments
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
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".
Effective Date of 1974 Amendment
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."
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–793 effective on first day of first pay period which begins on or after Oct. 11,
1962, see section 610 of Pub. L. 87–793.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior in view of: creation of
National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator
of such Administration; abolition of Bureau of Commercial Fisheries in the Interior Department and Office of
Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the
Interior or the Interior Department which were administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes
fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees.
Murder Hornet Eradication Pilot Program
Pub. L. 116–260, div. AA, title V, §508, Dec. 27, 2020, 134 Stat. 2750, provided that:
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"(a) Grant Authority.—The Secretary of the Interior, acting through the Director of the Fish and Wildlife
Service, and in consultation with all relevant Federal agencies, shall establish a pilot program to provide
financial assistance to States for management, research, and public education activities necessary to—
"(1) eradicate the Asian giant hornet; and
"(2) restore bee populations damaged by the Asian giant hornet.
"(b) Eligibility.—A State is eligible to receive financial assistance under this section if the State has
demonstrated to the Secretary of the Interior sufficient need to implement measures to eradicate the Asian
giant hornet.
"(c) Cost Sharing.—
"(1) Federal share.—The Federal share of the costs of activities carried out under the pilot program
may not exceed 75 percent of the total costs of such activities.
"(2) In-kind contributions.—The non-Federal share of the costs of activities carried out under the
pilot program may be provided in the form of in-kind contributions of materials or services.
"(d) Limitation on Administrative Expenses.—Not more than 5 percent of financial assistance provided
by the Secretary of the Interior under this section may be used for administrative expenses.
"(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of the
Interior to carry out the pilot program $4,000,000 for each of fiscal years 2021 through 2025.
"(f) Definitions.—In this section:
"(1) Asian giant hornet.—The term 'Asian giant hornet' means a Vespa mandarinia.
"(2) State.—The term 'State' means each of the several States, the District of Columbia, and the
territories and insular possessions of the United States.
"(g) Sunset.—The authority under this section shall terminate on the date that is 5 years after the date of
enactment of this Act [Dec. 27, 2020]."
Fish and Wildlife Service Asian Carp Eradication Program
Pub. L. 116–260, div. AA, title V, §509(b), Dec. 27, 2020, 134 Stat. 2752, provided that:
"(1) Establishment.—The Secretary of the Interior, acting through the Director of the United States Fish
and Wildlife Service, shall establish a program to provide financial assistance to States to implement
measures, including for management, research, and public education activities, necessary to eradicate the
Asian carp.
"(2) Eligibility.—A State is eligible to receive financial assistance under this subsection if such State has
demonstrated to the Secretary of the Interior sufficient need to implement measures to eradicate the Asian
carp.
"(3) Priority.—In providing financial assistance under the program, the Secretary of the Interior shall give
priority to States in the Cumberland River Watershed or the Tennessee River Watershed in which Asian carp
populations are expanding or have been documented.
"(4) Cost sharing.—
"(A) Federal share.—The Federal share of the costs of activities carried out under the program may
not exceed 80 percent of the total costs of such activities.
"(B) In-kind contributions.—The non-Federal share of the costs of activities carried out under the
program may be provided in the form of in-kind contributions of materials or services.
"(5) Limitation on administrative expenses.—Not more than 5 percent of financial assistance provided by
the Secretary of the Interior under this subsection may be used for administrative expenses.
"(6) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of the
Interior to carry out this subsection $4,000,000 for each of fiscal years 2021 through 2025."
Invasive Species in Noncontiguous States and Territories Pilot Program
Pub. L. 116–260, div. AA, title V, §510, Dec. 27, 2020, 134 Stat. 2752, provided that:
"(a) Establishment.—The Secretary of the Interior, acting through the Director of the United States Fish
and Wildlife Service, shall establish a pilot program to carry out measures necessary to prevent, control, or
eradicate invasive species in culturally significant forested watersheds in noncontiguous States and territories
of the United States in which the Corps of Engineers is carrying out flood risk management projects.
"(b) Implementation.—The Secretary of the Interior, acting through the Director of the United States Fish
and Wildlife Service, is encouraged to carry out the measures described in subsection (a) in consultation with
—
"(1) States, any territory or possession of the United States, and units of local government, including
federally recognized Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)); and
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"(2) nonprofit organizations with knowledge of, and experience in, forested watershed management,
including nonprofit organizations with a primary purpose of serving and partnering with indigenous
communities.
"(c) Authorization of Appropriations.—There is authorized to be appropriated to carry out the pilot
program under subsection (a) $25,000,000 for the period of fiscal years 2022 through 2024."
Prize Competitions
Pub. L. 116–9, title VII, §7001(d), Mar. 12, 2019, 133 Stat. 788, as amended by Pub. L. 116–188, title I,
§101(a), Oct. 30, 2020, 134 Stat. 906, provided that:
"(1) Definitions.—In this subsection:
"(A) Non-federal funds.—The term 'non-Federal funds' means funds provided by—
"(i) a State;
"(ii) a territory of the United States;
"(iii) 1 or more units of local or tribal government;
"(iv) a private for-profit entity;
"(v) a nonprofit organization; or
"(vi) a private individual.
"(B) Secretary.—The term 'Secretary' means the Secretary [of the Interior], acting through the
Director of the United States Fish and Wildlife Service.
"(C) Wildlife.—The term 'wildlife' has the meaning given the term in section 8 of the Fish and
Wildlife Coordination Act (16 U.S.C. 666b).
"(2) Theodore roosevelt genius prize for prevention of wildlife poaching and trafficking.—
"(A) Definitions.—In this paragraph:
"(i) Board.—The term 'Board' means the Prevention of Wildlife Poaching and Trafficking
Technology Advisory Board established by subparagraph (C)(i).
"(ii) Prize competition.—The term 'prize competition' means the Theodore Roosevelt Genius
Prize for the prevention of wildlife poaching and trafficking established under subparagraph (B).
"(B) Authority.—Not later than 180 days after the date of enactment of this Act [Mar. 12, 2019], the
Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) a prize competition, to be known as the 'Theodore Roosevelt Genius Prize for the prevention
of wildlife poaching and trafficking'—
"(i) to encourage technological innovation with the potential to advance the mission of the United
States Fish and Wildlife Service with respect to the prevention of wildlife poaching and trafficking; and
"(ii) to award 1 or more prizes annually for a technological advancement that prevents wildlife
poaching and trafficking.
"(C) Advisory board.—
"(i) Establishment.—There is established an advisory board, to be known as the 'Prevention of
Wildlife Poaching and Trafficking Technology Advisory Board'.
"(ii) Composition.—The Board shall be composed of not fewer than 9 members appointed by the
Secretary, who shall provide expertise in—
"(I) wildlife trafficking and trade;
"(II) wildlife conservation and management;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the
purposes of this paragraph.
"(iii) Duties.—Subject to clause (iv), with respect to the prize competition, the Board shall—
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to prevent
wildlife poaching and trafficking; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement
winning technologies in relevant fields, including in partnership with conservation organizations,

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Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions
with expertise or interest relating to the prevention of wildlife poaching and trafficking.
"(iv) Consultation.—In selecting a topic and issuing a problem statement for the prize
competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with
Federal and non-Federal stakeholders, including—
"(I) 1 or more Federal agencies with jurisdiction over the prevention of wildlife poaching
and trafficking;
"(II) 1 or more State agencies with jurisdiction over the prevention of wildlife poaching and
trafficking;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates
to the prevention of wildlife poaching and trafficking; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions,
institutions of higher education, industry associations, or individual stakeholders with an interest in the
prevention of wildlife poaching and trafficking.
"(v) Requirements.—The Board shall comply with all requirements under paragraph (8)(A).
"(D) Agreement with national fish and wildlife foundation.—
"(i) In general.—The Secretary shall offer to enter into an agreement under which the National
Fish and Wildlife Foundation shall administer the prize competition.
"(ii) Requirements.—An agreement entered into under clause (i) shall comply with all
requirements under paragraph (8)(B).
"(E) Judges.—
"(i) Appointment.—The Secretary shall appoint not fewer than 3 judges who shall, except as
provided in clause (ii), select the 1 or more annual winners of the prize competition.
"(ii) Determination by secretary.—The judges appointed under clause (i) shall not select any
annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year,
none of the technological advancements entered into the prize competition merits an award.
"(F) Report to congress.—Not later than 60 days after the date on which a cash prize is awarded
under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Natural Resources of the House of Representatives a report on the prize
competition that includes—
"(i) a statement by the Board that describes the activities carried out by the Board relating to the
duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the
National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and
Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was selected.
"(G) Termination of authority.—The Board and all authority provided under this paragraph shall
terminate on December 31, 2023.
"(3) Theodore roosevelt genius prize for promotion of wildlife conservation.—
"(A) Definitions.—In this paragraph:
"(i) Board.—The term 'Board' means the Promotion of Wildlife Conservation Technology
Advisory Board established by subparagraph (C)(i).
"(ii) Prize competition.—The term 'prize competition' means the Theodore Roosevelt Genius
Prize for the promotion of wildlife conservation established under subparagraph (B).
"(B) Authority.—Not later than 180 days after the date of enactment of this Act [Mar. 12, 2019], the
Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) a prize competition, to be known as the 'Theodore Roosevelt Genius Prize for the promotion
of wildlife conservation'—
"(i) to encourage technological innovation with the potential to advance the mission of the United
States Fish and Wildlife Service with respect to the promotion of wildlife conservation; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes wildlife
conservation.
"(C) Advisory board.—
"(i) Establishment.—There is established an advisory board, to be known as the 'Promotion of
Wildlife Conservation Technology Advisory Board'.
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"(ii) Composition.—The Board shall be composed of not fewer than 9 members appointed by the
Secretary, who shall provide expertise in—
"(I) wildlife conservation and management;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the
purposes of this paragraph.
"(iii) Duties.—Subject to clause (iv), with respect to the prize competition, the Board shall—
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to promote
wildlife conservation; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement
winning technologies in relevant fields, including in partnership with conservation organizations,
Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions
with expertise or interest relating to the promotion of wildlife conservation.
"(iv) Consultation.—In selecting a topic and issuing a problem statement for the prize
competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with
Federal and non-Federal stakeholders, including—
"(I) 1 or more Federal agencies with jurisdiction over the promotion of wildlife conservation;
"(II) 1 or more State agencies with jurisdiction over the promotion of wildlife conservation;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates
to the promotion of wildlife conservation; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions,
institutions of higher education, industry associations, or individual stakeholders with an interest in the
promotion of wildlife conservation.
"(v) Requirements.—The Board shall comply with all requirements under paragraph (8)(A).
"(D) Agreement with national fish and wildlife foundation.—
"(i) In general.—The Secretary shall offer to enter into an agreement under which the National
Fish and Wildlife Foundation shall administer the prize competition.
"(ii) Requirements.—An agreement entered into under clause (i) shall comply with all
requirements under paragraph (8)(B).
"(E) Judges.—
"(i) Appointment.—The Secretary shall appoint not fewer than 3 judges who shall, except as
provided in clause (ii), select the 1 or more annual winners of the prize competition.
"(ii) Determination by secretary.—The judges appointed under clause (i) shall not select any
annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year,
none of the technological advancements entered into the prize competition merits an award.
"(F) Report to congress.—Not later than 60 days after the date on which a cash prize is awarded
under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Natural Resources of the House of Representatives a report on the prize
competition that includes—
"(i) a statement by the Board that describes the activities carried out by the Board relating to the
duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the
National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and
Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was selected.
"(G) Termination of authority.—The Board and all authority provided under this paragraph shall
terminate on December 31, 2023.
"(4) Theodore roosevelt genius prize for management of invasive species.—
"(A) Definitions.—In this paragraph:
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"(i) Board.—The term 'Board' means the Management of Invasive Species Technology Advisory
Board established by subparagraph (C)(i).
"(ii) Prize competition.—The term 'prize competition' means the Theodore Roosevelt Genius
Prize for the management of invasive species established under subparagraph (B).
"(B) Authority.—Not later than 180 days after the date of enactment of this Act [Mar. 12, 2019], the
Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) a prize competition, to be known as the 'Theodore Roosevelt Genius Prize for the
management of invasive species'—
"(i) to encourage technological innovation with the potential to advance the mission of the United
States Fish and Wildlife Service with respect to the management of invasive species; and
"(ii) to award 1 or more prizes annually for a technological advancement that manages invasive
species.
"(C) Advisory board.—
"(i) Establishment.—There is established an advisory board, to be known as the 'Management of
Invasive Species Technology Advisory Board'.
"(ii) Composition.—The Board shall be composed of not fewer than 9 members appointed by the
Secretary, who shall provide expertise in—
"(I) invasive species;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the
purposes of this paragraph.
"(iii) Duties.—Subject to clause (iv), with respect to the prize competition, the Board shall—
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to manage
invasive species; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement
winning technologies in relevant fields, including in partnership with conservation organizations,
Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions
with expertise or interest relating to the management of invasive species.
"(iv) Consultation.—In selecting a topic and issuing a problem statement for the prize
competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with
Federal and non-Federal stakeholders, including—
"(I) 1 or more Federal agencies with jurisdiction over the management of invasive species;
"(II) 1 or more State agencies with jurisdiction over the management of invasive species;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates
to the management of invasive species; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions,
institutions of higher education, industry associations, or individual stakeholders with an interest in the
management of invasive species.
"(v) Requirements.—The Board shall comply with all requirements under paragraph (8)(A).
"(D) Agreement with national fish and wildlife foundation.—
"(i) In general.—The Secretary shall offer to enter into an agreement under which the National
Fish and Wildlife Foundation shall administer the prize competition.
"(ii) Requirements.—An agreement entered into under clause (i) shall comply with all
requirements under paragraph (8)(B).
"(E) Judges.—
"(i) Appointment.—The Secretary shall appoint not fewer than 3 judges who shall, except as
provided in clause (ii), select the 1 or more annual winners of the prize competition.
"(ii) Determination by secretary.—The judges appointed under clause (i) shall not select any
annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year,
none of the technological advancements entered into the prize competition merits an award.
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"(F) Report to congress.—Not later than 60 days after the date on which a cash prize is awarded
under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Natural Resources of the House of Representatives a report on the prize
competition that includes—
"(i) a statement by the Board that describes the activities carried out by the Board relating to the
duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the
National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and
Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was selected.
"(G) Termination of authority.—The Board and all authority provided under this paragraph shall
terminate on December 31, 2023.
"(5) Theodore roosevelt genius prize for protection of endangered species.—
"(A) Definitions.—In this paragraph:
"(i) Board.—The term 'Board' means the Protection of Endangered Species Technology
Advisory Board established by subparagraph (C)(i).
"(ii) Prize competition.—The term 'prize competition' means the Theodore Roosevelt Genius
Prize for the protection of endangered species established under subparagraph (B).
"(B) Authority.—Not later than 180 days after the date of enactment of this Act [Mar. 12, 2019], the
Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) a prize competition, to be known as the 'Theodore Roosevelt Genius Prize for the protection
of endangered species'—
"(i) to encourage technological innovation with the potential to advance the mission of the United
States Fish and Wildlife Service with respect to the protection of endangered species; and
"(ii) to award 1 or more prizes annually for a technological advancement that protects endangered
species.
"(C) Advisory board.—
"(i) Establishment.—There is established an advisory board, to be known as the 'Protection of
Endangered Species Technology Advisory Board'.
"(ii) Composition.—The Board shall be composed of not fewer than 9 members appointed by the
Secretary, who shall provide expertise in—
"(I) endangered species;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the
purposes of this paragraph.
"(iii) Duties.—Subject to clause (iv), with respect to the prize competition, the Board shall—
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to protect
endangered species; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement
winning technologies in relevant fields, including in partnership with conservation organizations,
Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions
with expertise or interest relating to the protection of endangered species.
"(iv) Consultation.—In selecting a topic and issuing a problem statement for the prize
competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with
Federal and non-Federal stakeholders, including—
"(I) 1 or more Federal agencies with jurisdiction over the protection of endangered species;
"(II) 1 or more State agencies with jurisdiction over the protection of endangered species;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates
to the protection of endangered species; and
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"(IV) 1 or more wildlife conservation groups, technology companies, research institutions,
institutions of higher education, industry associations, or individual stakeholders with an interest in the
protection of endangered species.
"(v) Requirements.—The Board shall comply with all requirements under paragraph (8)(A).
"(D) Agreement with national fish and wildlife foundation.—
"(i) In general.—The Secretary shall offer to enter into an agreement under which the National
Fish and Wildlife Foundation shall administer the prize competition.
"(ii) Requirements.—An agreement entered into under clause (i) shall comply with all
requirements under paragraph (8)(B).
"(E) Judges.—
"(i) Appointment.—The Secretary shall appoint not fewer than 3 judges who shall, except as
provided in clause (ii), select the 1 or more annual winners of the prize competition.
"(ii) Determination by secretary.—The judges appointed under clause (i) shall not select any
annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year,
none of the technological advancements entered into the prize competition merits an award.
"(F) Report to congress.—Not later than 60 days after the date on which a cash prize is awarded
under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Natural Resources of the House of Representatives a report on the prize
competition that includes—
"(i) a statement by the Board that describes the activities carried out by the Board relating to the
duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the
National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and
Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was selected.
"(G) Termination of authority.—The Board and all authority provided under this paragraph shall
terminate on December 31, 2023.
"(6) Theodore roosevelt genius prize for nonlethal management of human-wildlife conflicts.—
"(A) Definitions.—In this paragraph:
"(i) Board.—The term 'Board' means the Nonlethal Management of Human-Wildlife Conflicts
Technology Advisory Board established by subparagraph (C)(i).
"(ii) Prize competition.—The term 'prize competition' means the Theodore Roosevelt Genius
Prize for the nonlethal management of human-wildlife conflicts established under subparagraph (B).
"(B) Authority.—Not later than 180 days after the date of enactment of this Act [Mar. 12, 2019], the
Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) a prize competition, to be known as the 'Theodore Roosevelt Genius Prize for the nonlethal
management of human-wildlife conflicts'—
"(i) to encourage technological innovation with the potential to advance the mission of the United
States Fish and Wildlife Service with respect to the nonlethal management of human-wildlife conflicts;
and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes the
nonlethal management of human-wildlife conflicts.
"(C) Advisory board.—
"(i) Establishment.—There is established an advisory board, to be known as the 'Nonlethal
Management of Human-Wildlife Conflicts Technology Advisory Board'.
"(ii) Composition.—The Board shall be composed of not fewer than 9 members appointed by the
Secretary, who shall provide expertise in—
"(I) nonlethal wildlife management;
"(II) social aspects of human-wildlife conflict management;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the
purposes of this paragraph.
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"(iii) Duties.—Subject to clause (iv), with respect to the prize competition, the Board shall—
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to promote
the nonlethal management of human-wildlife conflicts; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement
winning technologies in relevant fields, including in partnership with conservation organizations,
Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions
with expertise or interest relating to the nonlethal management of human-wildlife conflicts.
"(iv) Consultation.—In selecting a topic and issuing a problem statement for the prize
competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with
Federal and non-Federal stakeholders, including—
"(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife
species at risk due to conflict with human activities;
"(II) 1 or more State agencies with jurisdiction over the management of native wildlife
species at risk due to conflict with human activities;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates
to the management of native wildlife species at risk due to conflict with human activities; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions,
institutions of higher education, industry associations, or individual stakeholders with an interest in the
management of native wildlife species at risk due to conflict with human activities.
"(v) Requirements.—The Board shall comply with all requirements under paragraph (8)(A).
"(D) Agreement with national fish and wildlife foundation.—
"(i) In general.—The Secretary shall offer to enter into an agreement under which the National
Fish and Wildlife Foundation shall administer the prize competition.
"(ii) Requirements.—An agreement entered into under clause (i) shall comply with all
requirements under paragraph (8)(B).
"(E) Judges.—
"(i) Appointment.—The Secretary shall appoint not fewer than 3 judges who shall, except as
provided in clause (ii), select the 1 or more annual winners of the prize competition.
"(ii) Determination by secretary.—The judges appointed under clause (i) shall not select any
annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year,
none of the technological advancements entered into the prize competition merits an award.
"(F) Report to congress.—Not later than 60 days after the date on which a cash prize is awarded
under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Natural Resources of the House of Representatives a report on the prize
competition that includes—
"(i) a statement by the Board that describes the activities carried out by the Board relating to the
duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the
National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and
Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was selected.
"(G) Termination of authority.—The Board and all authority provided under this paragraph shall
terminate on December 31, 2023.
"(7) Theodore roosevelt genius prize for reducing human-predator conflict.—
"(A) Definitions.—In this paragraph:
"(i) Board.—The term 'Board' means the Reducing Human-Predator Conflict Technology
Advisory Board established by subparagraph (C)(i).
"(ii) Prize competition.—The term 'prize competition' means the Theodore Roosevelt Genius
Prize for reducing human-predator conflict established under subparagraph (B).
"(B) Authority.—Not later than 180 days after the date of enactment of the America's Conservation
Enhancement Act [Oct. 30, 2020], the Secretary shall establish under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, to be known as the 'Theodore
Roosevelt Genius Prize for reducing human-predator conflict'—
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"(i) to encourage technological innovation with the potential to advance the mission of the United
States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using
nonlethal means; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes reducing
human-predator conflict using nonlethal means, which may include the application and monitoring of
tagging technologies.
"(C) Advisory board.—
"(i) Establishment.—There is established an advisory board, to be known as the 'Reducing
Human-Predator Conflict Technology Advisory Board'.
"(ii) Composition.—The Board shall be composed of not fewer than 9 members appointed by the
Secretary, who shall provide expertise in—
"(I) predator-human interactions;
"(II) the habitats of large predators;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the
purposes of this paragraph.
"(iii) Duties.—Subject to clause (iv), with respect to the prize competition, the Board shall—
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to reduce
human-predator conflict using nonlethal means; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement
winning technologies in relevant fields, including in partnership with conservation organizations,
Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions
with expertise or interest relating to reducing human-predator conflict using nonlethal means.
"(iv) Consultation.—In selecting a topic and issuing a problem statement for the prize
competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with
Federal and non-Federal stakeholders, including—
"(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife
species at risk due to conflict with human activities;
"(II) 1 or more State agencies with jurisdiction over the management of native wildlife
species at risk due to conflict with human activities;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates
to the management of native wildlife species at risk due to conflict with human activities; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions,
institutions of higher education, industry associations, or individual stakeholders with an interest in the
management of native wildlife species at risk due to conflict with human activities.
"(v) Requirements.—The Board shall comply with all requirements under paragraph (8)(A).
"(D) Agreement with national fish and wildlife foundation.—
"(i) In general.—The Secretary shall offer to enter into an agreement under which the National
Fish and Wildlife Foundation shall administer the prize competition.
"(ii) Requirements.—An agreement entered into under clause (i) shall comply with all
requirements under paragraph (8)(B).
"(E) Judges.—
"(i) Appointment.—The Secretary shall appoint not fewer than 3 judges who shall, except as
provided in clause (ii), select the 1 or more annual winners of the prize competition.
"(ii) Determination by secretary.—The judges appointed under clause (i) shall not
select any annual winner of the prize competition if the Secretary makes a determination that,
in any fiscal year, none of the technological advancements entered into the prize competition
merits an award.
"(F) Consultation with national oceanic and atmospheric administration.—The Secretary shall
consult with the Secretary of Commerce, acting through the Administrator of the National Oceanic and
Atmospheric Administration, in the case of a cash prize awarded under the prize competition for a
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technology that addresses conflict between humans and marine predators under the jurisdiction of the
Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric
Administration.
"(G) Report to congress.—Not later than 60 days after the date on which a cash prize is awarded
under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Natural Resources of the House of Representatives a report on the prize
competition that includes—
"(i) a statement by the Board that describes the activities carried out by the Board relating to the
duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the
National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and
Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was selected.
"(H) Termination of authority.—The Board and all authority provided under this paragraph shall
terminate on December 31, 2023.
"(8) Administration of prize competitions.—
"(A) Additional requirements for advisory boards.—An advisory board established under
paragraph (2)(C)(i), (3)(C)(i), (4)(C)(i), (5)(C)(i), (6)(C)(i), or (7)(C)(i) (referred to in this paragraph as a
'Board') shall comply with the following requirements:
"(i) Term; vacancies.—
"(I) Term.—A member of the Board shall serve for a term of 5 years.
"(II) Vacancies.—A vacancy on the Board—
     "(aa) shall not affect the powers of the Board; and
     "(bb) shall be filled in the same manner as the original appointment was made.
"(ii) Initial meeting.—Not later than 30 days after the date on which all members of the Board
have been appointed, the Board shall hold the initial meeting of the Board.
"(iii) Meetings.—
"(I) In general.—The Board shall meet at the call of the Chairperson.
"(II) Remote participation.—
     "(aa) In general.—Any member of the Board may participate in a meeting of the Board through the use of
—
"(AA) teleconferencing; or
"(BB) any other remote business telecommunications method that allows each participating
member to simultaneously hear each other participating member during the meeting.
     "(bb) Presence.—A member of the Board who participates in a meeting remotely under item (aa) shall be
considered to be present at the meeting.
"(iv) Quorum.—A majority of the members of the Board shall constitute a quorum, but a lesser
number of members may hold a meeting.
"(v) Chairperson and vice chairperson.—The Board shall select a Chairperson and Vice
Chairperson from among the members of the Board.
"(vi) Administrative cost reduction.—The Board shall, to the maximum extent practicable,
minimize the administrative costs of the Board, including by encouraging the remote participation
described in clause (iii)(II)(aa) to reduce travel costs.
"(B) Agreements with national fish and wildlife foundation.—Any agreement entered into
under paragraph (2)(D)(i), (3)(D)(i), (4)(D)(i), (5)(D)(i), (6)(D)(i), or (7)(D)(i) shall comply with the
following requirements:
"(i) Duties.—An agreement shall provide that the National Fish and Wildlife Foundation shall—
"(I) advertise the prize competition;
"(II) solicit prize competition participants;
"(III) administer funds relating to the prize competition;
"(IV) receive Federal funds—
     "(aa) to administer the prize competition; and
     "(bb) to award a cash prize;
"(V) carry out activities to generate contributions of non-Federal funds to offset, in whole or
in part—
     "(aa) the administrative costs of the prize competition; and
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     "(bb) the costs of a cash prize;
"(VI) in consultation with, and subject to final approval by, the Secretary, develop criteria for
the selection of prize competition winners;
"(VII) provide advice and consultation to the Secretary on the selection of judges under
paragraphs (2)(E), (3)(E), (4)(E), (5)(E), (6)(E), and (7)(E) based on criteria developed in consultation
with, and subject to the final approval of, the Secretary;
"(VIII) announce 1 or more annual winners of the prize competition;
"(IX) subject to clause (ii), award 1 cash prize annually; and
"(X) protect against unauthorized use or disclosure by the National Fish and Wildlife
Foundation of any trade secret or confidential business information of a prize competition participant.
"(ii) Additional cash prizes.—An agreement shall provide that the National Fish and Wildlife
Foundation may award more than 1 cash prize annually if the initial cash prize referred to in clause (i)
(IX) and any additional cash prize are awarded using only non-Federal funds.
"(iii) Solicitation of funds.—An agreement shall provide that the National Fish and Wildlife
Foundation—
"(I) may request and accept Federal funds and non-Federal funds for a cash prize;
"(II) may accept a contribution for a cash prize in exchange for the right to name the prize;
and
"(III) shall not give special consideration to any Federal agency or non-Federal entity in
exchange for a donation for a cash prize awarded under this subsection.
"(C) Award amounts.—
"(i) In general.—The amount of the initial cash prize referred to in subparagraph (B)(i)(IX) shall
be $100,000.
"(ii) Additional cash prizes.—On notification by the National Fish and Wildlife Foundation
that non-Federal funds are available for an additional cash prize, the Secretary shall determine the
amount of the additional cash prize."
Fees for Training by National Conservation Training Center
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.
(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
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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.)
References in Text
The Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (c), is act Sept. 2, 1937, ch. 899, 50
Stat. 917, as amended, also known as the Federal Aid in Wildlife Restoration Act, which is classified
generally to chapter 5B (§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
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loan must be of such a nature that, when considered with the integrity and
ability of the management, and the applicant's past and prospective earnings,
repayment of the loan will be reasonably assured.
(5) The applicant shall possess the ability, experience, resources, and other
qualifications necessary to enable him to operate and maintain new or used
commercial fishing vessels or gear.
(6) Before the Secretary approves a loan for the purchase or construction of
a new or used vessel which will not replace an existing commercial fishing
vessel, he shall determine that the applicant's contemplated operation of such
vessel in a fishery will not cause economic hardship or injury to the efficient
vessel operators already operating in that fishery.
(7) An applicant for a fishery loan must be a citizen or national of the
United States.
(8) Within the meaning of this section, a corporation, partnership, or
association shall not be deemed to be a citizen of the United States unless the
Secretary determines that it satisfactorily meets all of the requirements set
forth in 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.
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(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.)
Codification
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.
Amendments
1986—Subsec. (c). Pub. L. 99–659 amended third sentence generally, striking out "and any balance
remaining therein at the close of September 30, 1986 (at which time the fund shall cease to exist)," after
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"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.
Effective Date of 1980 Amendment
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."
Effective Date of 1970 Amendment; Fisheries Loan Fund Available for Loans From July 1, 1970
to Close of June 30, 1980
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."
Effective Date of 1965 Amendment; Remaining Funds; Availability for Loans
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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."
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.
Loans Under Fish and Wildlife Act of 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.)
References in Text
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.
Codification
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.)
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any
annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report to
Congress required under this section is listed on page 54), see section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.

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
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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.)
Transfer of Functions
"Administrator of the Environmental Protection Agency" substituted in text for "Secretary of the Interior"
pursuant to Reorg. Plan No. 3 of 1970, set out in the Appendix to Title 5, Government Organization and
Employees, which abolished the Federal Water Quality Administration in Department of the Interior and
transferred to Administrator of Environmental Protection Agency all functions vested in Secretary of the
Interior by this section.
Appropriations
Section 2 of Pub. L. 85–582, Aug. 1, 1958, 72 Stat. 479, as amended by Pub. L. 86–279, Sept. 16, 1959, 73
Stat. 563; Pub. L. 89–232, Oct. 1, 1965, 79 Stat. 902; Pub. L. 90–394, July 11, 1968, 82 Stat. 338, provided
that: "In order to carry out the provisions of this Act [this section], there is authorized to be appropriated
$3,500,000 for the fiscal year ending June 30, 1969, and for each of the two fiscal years immediately
following such year. Such sums shall remain available until expended."

§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
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The Secretary may request and secure the advice or assistance of any
department or agency of the Government in carrying out the provisions of this
Act, and any such department or agency which furnishes advice or assistance to
the Secretary may expend its own funds for such purposes, with or without
reimbursement from the Secretary as may be agreed upon between the Secretary
and the department or agency.
(Aug. 8, 1956, ch. 1036, §6, 70 Stat. 1122; 1970 Reorg. Plan No. 2, §102, eff.
July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)
References in Text
This Act, referred to in subsec. (a), is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, as amended, known as the
Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of
this title. For complete classification of this Act to the Code, see Short Title note set out under section 742a of
this title and Tables.
Transfer of Functions
All functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau
of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2,
eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and
Employees. Section 102 of 1970 Reorg. Plan No. 2 redesignated Bureau of the Budget as Office of
Management and Budget.
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.

§742f. Powers of Secretaries of the Interior and Commerce
(a) Policies, procedures, and recommendations
The Secretary of the Interior, with such advice and assistance as he may
require from the Assistant Secretary for Fish and Wildlife, shall consider and
determine the policies and procedures that are necessary and desirable in
carrying out efficiently and in the public interest the laws relating to fish and
wildlife. The Secretary, with the assistance of the departmental staff herein
authorized, shall—
(1) develop and recommend measures which are appropriate to assure the
maximum sustainable production of fish and fishery products and to prevent
unnecessary and excessive fluctuations in such production;
(2) study the economic condition of the industry, and whenever he
determines that any 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
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(4) take such steps as may be required for the development, advancement,
management, conservation, and protection of fish and wildlife resources
including, but not limited to, research, development of existing facilities, and
acquisition by purchase or exchange of land and water, or interests therein.
(b) Gifts, devises, or bequests for performance of activities and services of
United States Fish and Wildlife Service; restrictive or affirmative
covenants or conditions of servitude; separate account in Treasury;
disbursement orders; gifts or bequests to United States for Federal tax
purposes
(1) In furtherance of the purposes of this Act, the Secretary of the Interior is
authorized to accept any gifts, devises, or bequests of real and personal property,
or proceeds therefrom, or interests therein, for the benefit of the United States
Fish and Wildlife Service, in performing its activities and services. Such
acceptance may be subject to the terms of any restrictive or affirmative covenant,
or condition of servitude, if such terms are deemed by the Secretary to be in
accordance with law and compatible with the purpose for which acceptance is
sought.
(2) Use of gifts, devises, and bequests.—
(A) In general.—Any gifts and bequests of money and proceeds from the
sales of other property received as gifts or bequests pursuant to this subsection
shall be deposited in a separate account in the Treasury and shall be disbursed
upon order of the Secretary for the benefit of programs administered by the
United States Fish and Wildlife Service.
(B) Gifts, devises, and bequests to particular refuges.—
(i) Disbursal.—Any gift, devise, or bequest made for the benefit of a
particular national wildlife refuge or complex of geographically related
refuges shall be disbursed only for the benefit of that refuge or complex of
refuges and without further appropriations.
(ii) Matching.—Subject to the availability of appropriations and the
requirements of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) and other applicable law, the Secretary may
provide funds to match gifts, devises, and bequests made for the benefit of a
particular national wildlife refuge or complex of geographically related
refuges. With respect to each gift, devise, or bequest, the amount of Federal
funds may not exceed the amount (or, in the case of property or in-kind
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.

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(c) Volunteer services; incidental expenses; Federal employee status;
authorization of appropriations
(1) The Secretary of the Interior and the Secretary of Commerce may each
recruit, train, and accept, without regard to the provisions of title 5, the services
of individuals without compensation as volunteers for, or in aid of programs
conducted by either Secretary through the United States Fish and Wildlife
Service or the National Oceanic and Atmospheric Administration.
(2) The Secretary of the Interior and the Secretary of Commerce are each
authorized to provide for incidental expenses such as transportation, uniforms,
lodging, awards (including nominal cash awards) and recognition, and
subsistence of such volunteers without regard to their places of residence.
(3) Except as otherwise provided in this subsection, a volunteer shall not be
deemed a Federal employee and shall not be subject to the provisions of law
relating to Federal employment, including those relative to hours of work, rates
of compensation, leave, unemployment compensation, and Federal employee
benefits.
(4) For the purpose of the tort claim provisions of title 28, a volunteer under
this subsection shall be considered a Federal employee.
(5) For the purposes of subchapter I of chapter 81 of title 5, relating to
compensation to Federal employees for work injuries, volunteers under this
subsection shall be deemed employees of the United States within the meaning
of the term "employees" as defined in section 8101 of title 5, and the provisions
of that subchapter shall apply.
(6) Senior volunteer corps.—The Secretary of the Interior may establish a
Senior Volunteer Corps, consisting of volunteers over the age of 50. To assist in
the recruitment and retention of the volunteers, the Secretary may provide for
additional incidental expenses to members of the Corps beyond the incidental
expenses otherwise provided to volunteers under this subsection. The members
of the Corps shall be subject to the other provisions of this subsection.
(d) Community partnership enhancement
(1) Definition of partner organization
In this subsection, the term "partner organization" means an organization
that—
(A) draws its membership from private individuals, organizations,
corporations, academic institutions, or State or local governments;
(B) is established to promote the understanding of, education relating to,
and the conservation of the fish, wildlife, plants, and cultural and historical
resources of a particular refuge or complex of geographically related
refuges; and
(C) is described in section 501(c)(3) of title 26 and is exempt from
taxation under section 501(a) of that title.
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(2) Cooperative agreements
(A) In general
Notwithstanding chapter 63 of title 31, the Secretary of the Interior may
negotiate and enter into a cooperative agreement with a partner
organization, academic institution, State or local government agency, or
other person to implement one or more projects or programs for a refuge or
complex of geographically related refuges in accordance with the purposes
of this subsection and in compliance with the policies of other relevant
authorities, regulations, and policy guidance.
(B) Projects and programs
Subject to the requirements of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable
law, and such terms and conditions as the Secretary determines to be
appropriate, the Secretary may approve projects and programs for a refuge
or complex of geographically related refuges that—
(i) promote the stewardship of resources of the refuge through habitat
maintenance, restoration, and improvement, biological monitoring, or
research;
(ii) support the operation and maintenance of the refuge through
constructing, operating, maintaining, or improving the facilities and
services of the refuge;
(iii) increase awareness and understanding of the refuge and the
National Wildlife Refuge System through the development, publication,
or distribution of educational materials and products;
(iv) advance education concerning the purposes of the refuge and the
mission of the System through the use of the refuge as an outdoor
classroom and development of other educational programs; or
(v) contribute financial resources to the refuge, under terms that
require that the net revenues be used exclusively for the benefit of the
refuge, through donation of net revenues from the sale of educational
materials and products and through encouragement of gifts, devises, and
bequests.
(C) Federal funding and ownership
(i) Matching
Subject to the availability of appropriations and the requirements of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.) and other applicable law, the Secretary may
provide funds to match non-Federal funds donated under a cooperative
agreement under this paragraph. With respect to each project or program,
the amount of funds provided by the Secretary may not exceed the
amount of the non-Federal funds donated through the project or program.
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(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).
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(f) Report
Not later than 1 year after January 4, 2011, and every 5 years thereafter, the
Secretary of the Interior shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee on Environment
and Public Works of the Senate—
(1) evaluating the accomplishments of the volunteer program, the
community partnerships program, and the refuge education programs
authorized under this section, and of the National Volunteer Coordination
Program and volunteer coordination strategy under section 742f–1 of this title;
and
(2) making recommendations to improve the effectiveness of such
programs, including regarding implementing subparagraphs (A), (B), and (C)
of paragraph (1) of subsection (e).
(g) Authorization of appropriations
There is authorized to be appropriated to the Secretary of the Interior to carry
out subsections (b), (c), (d), (e), and (f), $2,000,000 for each of fiscal years 2018
through 2022.
(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; Pub. L. 115–168, §2,
Apr. 23, 2018, 132 Stat. 1284.)
References in Text
This Act, referred to in subsec. (b)(1), is act Aug. 8, 1956, ch. 1036, known as the Fish and Wildlife Act of
1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 742a of this title and Tables.
The National Wildlife Refuge System Administration Act of 1966, referred to in subsecs. (b)(2)(B)(ii) and
(d)(2)(B), (C)(i), consists of sections 4 and 5 of Pub. L. 89–699, Oct. 15, 1966, 80 Stat. 927, and is classified
to sections 668dd and 668ee of this title. For further details, see Short Title note set out under section 668dd of
this title.
Amendments
2018—Subsec. (g). Pub. L. 115–168 substituted "2018 through 2022" for "2011 through 2014".
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
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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".
1978—Subsec. (a)(4). Pub. L. 95–616, §4(1), reenacted existing provisions, substituting reference to fish
resources for prior reference to fisheries resources and incorporated provisions of par. (5) relating to wildlife
resources, substituting reference to acquisition by purchase or exchange of land and water for prior reference
to acquisition of refuge lands.
Subsec. (a)(5). Pub. L. 95–616, §4(1), struck out par. (5) relating to wildlife resources. See par. (4).
Subsecs. (b), (c). Pub. L. 95–616, §4(3), added subsecs. (b) and (c).
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.
Congressional Findings and Purposes
Pub. L. 105–242, §2, Oct. 5, 1998, 112 Stat. 1574, provided that:
"(a) Findings.—Congress finds that—
"(1) the National Wildlife Refuge System (referred to in this Act [amending this section and enacting
provisions set out as notes under this section and section 742a of this title] as the 'System'), consisting of
more than 500 refuges and 93,000,000 acres, plays an integral role in the protection of the natural resources
of the United States;
"(2) the National Wildlife Refuge System Improvement Act of 1997 (Public Law 105–57; 111 Stat.
1252) [see Tables for classification] significantly improved the law governing the System, although the
financial resources for implementing this law and managing the System remain limited;
"(3) by encouraging volunteer programs and donations, and facilitating non-Federal partnerships with
refuges, Federal funding for the refuges can be supplemented and the System can fully benefit from the
amendments made by the National Wildlife Refuge System Improvement Act of 1997; and
"(4) by encouraging refuge educational programs, public awareness of the resources of the System and
public participation in the conservation of those resources can be promoted.
"(b) Purposes.—The purposes of this Act are—
"(1) to encourage the use of volunteers to assist the United States Fish and Wildlife Service in the
management of refuges within the System;
"(2) to facilitate partnerships between the System and non-Federal entities to promote public
awareness of the resources of the System and public participation in the conservation of those resources;
and
"(3) to encourage donations and other contributions by persons and organizations to the System."
Pilot Projects
Pub. L. 105–242, §4(a), Oct. 5, 1998, 112 Stat. 1575, as amended, formerly set out as a note under this
section, was transferred and is classified to section 742f–1 of this title.

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

§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.
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(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.)
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.

§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.)
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References in Text
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.
Amendments
1980—Subsec. (a). Pub. L. 96–470 struck out subsec. (a) which required Secretary of the Interior to make
an annual report to Congress with respect to activities of United States Fish and Wildlife Service under this
Act, accompanied by appropriate legislative recommendations.
1975—Subsec. (b). Pub. L. 93–618 substituted "United States International Trade Commission" for "United
States Tariff Commission".
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.

§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.)
References in Text
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, as amended, known as the Fish and
Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title.
For complete classification of this Act to the Code, see Short Title note set out under section 742a of this title
and Tables.
The Submerged Lands Act, referred to in text, is act May 22, 1953, ch. 65, 67 Stat. 29, as amended, which
is classified generally to subchapters I and II (§§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.)
References in Text
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, as amended, known as the Fish and
Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title.
For complete classification of this Act to the Code, see Short Title note set out under section 742a of this title
and Tables.

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§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);
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
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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. 5117.)
Amendments
1972—Subsecs. (d) to (f). Pub. L. 92–502 added subsecs. (d) to (f).
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (d) pursuant to section
321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective Date

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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.)
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see Transfer of Functions note set out under section
742b of this title.

§742l. Enforcement authority for the protection of fish and
wildlife resources
(a) Law enforcement training program
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(1) In order to provide for and encourage training, research, and development
for the purpose of improving fish and wildlife law enforcement and developing
new methods for the prevention, detection, and reduction of violation of fish and
wildlife laws, and the apprehension of violators of such laws, the Secretary of
the Interior and the Secretary of Commerce may each—
(A) establish and conduct national training programs to provide, at the
request of any State, training for State fish and wildlife law enforcement
personnel;
(B) develop new or improved approaches, techniques, systems, equipment,
and service to improve and strengthen fish and wildlife law enforcement; and
(C) assist in conducting, at the request of any appropriate State official,
local or regional training programs for the training of State fish and wildlife
law enforcement personnel.
Such training programs shall be conducted to the maximum extent practicable
through established programs.
(2) There are authorized to be appropriated beginning with fiscal year 1980
such funds as may be necessary to carry out the purposes of subsection (b), 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
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by this or any other law to employees, officers, or other persons designated or
employed by either Secretary; and
(4) shall be considered to be officers or employees of the Department of the
Interior or the Department of Commerce, as the case may be, within the
meaning of sections 111 and 1114 of title 18.
(c) Disposal of abandoned or forfeited property
(1) In general
Subject to paragraph (2), notwithstanding any other provision of law, all
fish, wildlife, plants, or any other items abandoned or forfeited to the United
States under any laws administered by the Secretary of the Interior or the
Secretary of Commerce relating to fish, wildlife, or plants, shall be disposed
of by either Secretary in such a manner as he deems appropriate (including,
but not limited to, loan, gift, sale, or destruction).
(2) Prohibition on sale of certain items
In carrying out paragraph (1), the Secretary of the Interior and the Secretary
of Commerce may not sell any species of fish, wildlife, or plant, or derivative
thereof, for which the sale is prohibited by another Federal law.
(3) Use of revenues
The Secretary of the Interior and the Secretary of Commerce may each
expend any revenues received from the disposal of items under paragraph (1),
and all sums referred to in the first sentence of section 1540(d) of this title and
the first sentence of section 3375(d) of this title—
(A) to make payments in accordance with those sections; and
(B) to pay costs associated with—
(i) shipping items referred to in paragraph (1) to and from the place of
storage, sale, or temporary or final disposal, including temporary or
permanent loan;
(ii) storage of the items, including inventory of, and security for, the
items;
(iii) appraisal of the items;
(iv) sale or other disposal of the items in accordance with applicable
law, including auctioneer commissions and related expenses;
(v) payment of any valid liens or other encumbrances on the items and
payment for other measures required to clear title to the items; and
(vi) in the case of the Secretary of the Interior only, processing and
shipping of eagles and other migratory birds, and parts of migratory
birds, for Native American religious purposes.
(d) Disclaimer
Nothing in this section shall be construed to invalidate any law enforcement
agreement or delegation made by the Secretary of the Interior or the Secretary of
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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.)
References in Text
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.
Codification
Section is comprised of subsecs. (a) to (d) and (k) of section 3 of Pub. L. 95–616, as amended. For
classification of subsecs. (e) through (j) of section 3, see References in Text note above and Tables.
Amendments
1998—Subsec. (c). Pub. L. 105–328 designated existing provisions as par. (1) and inserted heading,
substituted "Subject to paragraph (2), notwithstanding" for "Notwithstanding", and added pars. (2) and (3).
1982—Subsec. (k). Pub. L. 97–396 added subsec. (k).
Congressional Findings and Purposes
Pub. L. 105–328, §2, Oct. 30, 1998, 112 Stat. 3057, provided that:
"(a) Findings.—Congress finds that—
"(1) the United States Fish and Wildlife Service (referred to in this Act [amending this section and
enacting provisions set out as a note under section 742a of this title] as the 'Service')—
"(A) is responsible for storage and disposal of items derived from fish, wildlife, and plants,
including eagles and eagle parts, and other items that have become the property of the United States
through abandonment or forfeiture under applicable laws relating to fish, wildlife, or plants;
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"(B) distributes many of those items for educational and scientific uses and for religious purposes
of Native Americans; and
"(C) unless otherwise prohibited by law, may dispose of some of those items by sale, except items
derived from endangered or threatened species, marine mammals, and migratory birds;
"(2) under law in effect on the date of enactment of this Act [Oct. 30, 1998], the revenue from sale of
abandoned items is not available to the Service, although approximately 90 percent of the items in
possession of the Service have been abandoned; and
"(3) making revenue from the sale of abandoned items available to the Service will enable the Service
—
"(A) to cover costs incurred in shipping, storing, and disposing of items derived from fish,
wildlife, and plants; and
"(B) to make more extensive distributions of those items for educational, scientific, and Native
American religious purposes.
"(b) Purposes.—The purposes of this Act are to make proceeds from sales of abandoned items derived
from fish, wildlife, and plants available to the Service and to authorize the use of those proceeds to cover costs
incurred in shipping, storing, and disposing of those items."

§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
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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
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.)
References in Text
The Bureau of Sport Fisheries and Wildlife, referred to in subsec. (b), was replaced and succeeded by the
United States Fish and Wildlife Service. See section 742b(c) of this title.
Amendments
1994—Subsec. (c). Pub. L. 103–437 substituted "Committee on Commerce, Science, and Transportation"
for "Committee on Commerce".
1980—Subsec. (c). Pub. L. 96–470 substituted provision requiring that a report to Congress be made at the
end of any fiscal year that provisions of this section are utilized for provision requiring an annual report to
Congress be made on utilization of the provisions of this section and struck out "annual" before "report shall
be".
Transfer of Functions
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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.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant
Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of
Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures relating to oil and other pollution of
navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21
of Title 2, The Congress. 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.

§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.)
Codification
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.
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Amendments
1980—Pub. L. 96–470 struck out provision requiring a detailed statement of expenditures under all
appropriations for "propagation of fishes" be submitted annually to Congress at the beginning of each session.
Transfer of Functions
Secretary of the Interior or Secretary of Commerce, as appropriate, and Secretary substituted for Director of
Fish and Wildlife Service and Director in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of such Administration; abolition of
Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers
of functions, including functions formerly vested by law in Secretary of the Interior or Department of the
Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such
Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri
River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and
transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization
and Employees.
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with
certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§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.
Survey of Marine and Fresh-Water Resources
Act May 11, 1944, ch. 195, 58 Stat. 220, which expired January 1, 1945, provided for a comprehensive
survey of all marine, fresh-water, and other aquatic resources of the United States, its Territories, and
possessions; and for a report on survey, together with recommendations to Congress. It also appropriated
$20,000 to carry out the purposes of the act.

§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.)
Codification
R.S. §4398 derived from Res. Feb. 9, 1871, No. 22, §4, 16 Stat. 594.
Transfer of Functions
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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.)
Change of Name
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental
Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc.,
transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and
Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National
Ocean Survey. See notes under section 851 of Title 33, Navigation and Navigable Waters. See, also, notes
under section 311 of Title 15, Commerce and Trade.
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §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 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.)
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§747. Omitted
Codification
Section, acts Mar. 28, 1922, ch. 117, title I, 42 Stat. 484; Jan. 5, 1923, ch. 24, title I, 42 Stat. 1125; May 28,
1924, ch. 204, title III, 43 Stat. 238; Feb. 27, 1925, ch. 364, title III, 43 Stat. 1047, which related to the
commutation of rations of officers and crews on vessels, was provision of an appropriation act which was
confined to specific appropriations.

§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.)
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §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
Codification
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.)
Transfer of Functions
Secretary of Commerce also empowered to carry out statutory provisions in view of: creation of National
Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such
Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of
Director of such Bureau; transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife; and
certain transfers of functions, including functions formerly vested by law in Secretary of the Interior or
Department of the Interior which were administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes
fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in
the Appendix to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with
certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§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 fishculturists.
(Apr. 28, 1922, ch. 153, §2, 42 Stat. 501.)
Codification
Provisions relating to the compensation of such personnel have been omitted as such pay is fixed pursuant
to chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with
certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§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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§752. Omitted
Codification
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
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.)
References in Text
Act of July 24, 1919, referred to in text, was formerly classified to sections 563 and 564 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554,
§1, Sept. 6, 1966, 80 Stat. 378.
Prior Provisions
Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, §1, 55 Stat. 357.
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §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
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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.)
Amendments
1978—Pub. L. 95–616, in proviso, substituted "scientific personnel" for "technical personnel" and
authorized provision of assistance (including reasonable financial compensation) for the work of researchers
on funded fish and wildlife ecology and resource management projects.
Transfer of Functions
Reference to Secretary of Commerce and Department of Commerce inserted in view of: creation of
National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator
of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office
of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of
the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries
or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great
Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and 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.

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.
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(July 2, 1942, ch. 473, §1, 56 Stat. 558; Aug. 8, 1956, ch. 1036, §3, 70 Stat.
1120.)
Codification
"Section 5911 of title 5" substituted in text for "the Act of March 5, 1928 (5 U.S.C. 75a)" on authority of
Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
Prior Provisions
Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, §1, 55 Stat. 357.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §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.)
Codification
Section was formerly classified to section 662 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §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.
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§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.
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(Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 988.)

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