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16 U.S.C. § 742f — Powers of Secretaries of the Interior and Commerce

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 742f — Powers of Secretaries of the Interior and Commerce

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Source location: Title 16, Chapter 9, § 742f; chapter-009-fish-and-wildlife-service.md

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**(a) Policies, procedures, and recommendations** The Secretary of the Interior, with such advice and assistance as he may require from the Assistant Secretary for Fish and Wildlife, shall consider and determine the policies and procedures that are necessary and desirable in carrying out efficiently and in the public interest the laws relating to fish and wildlife. The Secretary, with the assistance of the departmental staff herein authorized, shall— (1) develop and recommend measures which are appropriate to assure the maximum sustainable production of fish and fishery products and to prevent unnecessary and excessive fluctuations in such production; (2) study the economic condition of the industry, and whenever he determines that any segment of the domestic fisheries has been seriously disturbed either by wide fluctuation in the abundance of the resource supporting it, or by unstable market or fishing conditions or due to any other factors he shall make such recommendations to the President and the Congress as he deems appropriate to aid in stabilizing the domestic fisheries; (3) develop and recommend special promotional and informational activities with a view to stimulating the consumption of fishery products whenever he determines that there is a prospective or actual surplus of such products; and (4) take such steps as may be required for the development, advancement, management, conservation, and protection of fish and wildlife resources including, but not limited to, research, development of existing facilities, and acquisition by purchase or exchange of land and water, or interests therein. **(b) Gifts, devises, or bequests for performance of activities and services of United States Fish and Wildlife Service; restrictive or affirmative covenants or conditions of servitude; separate account in Treasury; disbursement orders; gifts or bequests to United States for Federal tax purposes** (1) In furtherance of the purposes of this Act, the Secretary of the Interior is authorized to accept any gifts, devises, or bequests of real and personal property, or proceeds therefrom, or interests therein, for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude, if such terms are deemed by the Secretary to be in accordance with law and compatible with the purpose for which acceptance is sought. (2) **Use of gifts, devises, and bequests.—** (A) *In general.—* — Any gifts and bequests of money and proceeds from the sales of other property received as gifts or bequests pursuant to this subsection shall be deposited in a separate account in the Treasury and shall be disbursed upon order of the Secretary for the benefit of programs administered by the United States Fish and Wildlife Service. (B) *Gifts, devises, and bequests to particular refuges.—* (i) *Disbursal.—* — Any gift, devise, or bequest made for the benefit of a particular national wildlife refuge or complex of geographically related refuges shall be disbursed only for the benefit of that refuge or complex of refuges and without further appropriations. (ii) *Matching.—* — Subject to the availability of appropriations and the requirements of the National Wildlife Refuge System Administration Act of 1966 ([16 U.S.C. 668dd](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668dd&num=0&edition=prelim) et seq.) and other applicable law, the Secretary may provide funds to match gifts, devises, and bequests made for the benefit of a particular national wildlife refuge or complex of geographically related refuges. With respect to each gift, devise, or bequest, the amount of Federal funds may not exceed the amount (or, in the case of property or in-kind services, the fair market value) of the gift, devise, or bequest. (3) For the purpose of Federal income, estate, and gift taxes, property, or proceeds therefrom, or interests therein, accepted under this subsection shall be considered as a gift or bequest to the United States. **(c) Volunteer services; incidental expenses; Federal employee status; authorization of appropriations** (1) The Secretary of the Interior and the Secretary of Commerce may each recruit, train, and accept, without regard to the provisions of title 5, the services of individuals without compensation as volunteers for, or in aid of programs conducted by either Secretary through the United States Fish and Wildlife Service or the National Oceanic and Atmospheric Administration. (2) The Secretary of the Interior and the Secretary of Commerce are each authorized to provide for incidental expenses such as transportation, uniforms, lodging, awards (including nominal cash awards) and recognition, and subsistence of such volunteers without regard to their places of residence. (3) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relative to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (4) For the purpose of the tort claim provisions of title 28, a volunteer under this subsection shall be considered a Federal employee. (5) For the purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, volunteers under this subsection shall be deemed employees of the United States within the meaning of the term “employees” as defined in [section 8101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) and is exempt from taxation under section 501(a) of that title. (2) **Cooperative agreements** (A) *In general* — Notwithstanding chapter 63 of title 31, the Secretary of the Interior may negotiate and enter into a cooperative agreement with a partner organization, academic institution, State or local government agency, or other person to implement one or more projects or programs for a refuge or complex of geographically related refuges in accordance with the purposes of this subsection and in compliance with the policies of other relevant authorities, regulations, and policy guidance. (B) *Projects and programs* — Subject to the requirements of the National Wildlife Refuge System Administration Act of 1966 ([16 U.S.C. 668dd](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668dd&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668dd&num=0&edition=prelim) et seq.) and other applicable law, the Secretary may provide funds to match non-Federal funds donated under a cooperative agreement under this paragraph. With respect to each project or program, the amount of funds provided by the Secretary may not exceed the amount of the non-Federal funds donated through the project or program. (ii) *Use of Federal funds* — Any Federal funds used to fund a project or program under a cooperative agreement may be used only for expenses directly related to the project or program and may not be used for operation or administration of any non-Federal entity. (iii) *Ownership of facilities* — Any new facility, improvement to an existing facility, or other permanent improvement to a refuge constructed under this subsection shall be the property of the United States Government. (D) *Treasury account* — Amounts received by the Secretary of the Interior as a result of projects and programs under subparagraph (B) shall be deposited in a separate account in the Treasury. Amounts in the account that are attributable to activities at a particular refuge or complex of geographically related refuges shall be available to the Secretary of the Interior, without further appropriation, to pay the costs of incidental expenses related to volunteer activities, and to carry out cooperative agreements for the refuge or complex of refuges. **(e) Refuge education program enhancement** (1) **Guidance** — Not later than 1 year after October 5, 1998, the Secretary of the Interior shall develop guidance for refuge education programs to further the mission of the National Wildlife Refuge System and the purposes of individual refuges through— (A) providing outdoor classroom opportunities for students on national wildlife refuges that combine educational curricula with the personal experiences of students relating to fish, wildlife, and plants and their habitat and to the cultural and historical resources of the refuges; (B) promoting understanding and conservation of fish, wildlife, and plants and cultural and historical resources of the refuges; and (C) improving scientific literacy in conjunction with both formal and nonformal education programs. (2) **Refuge programs** — Based on the guidance developed under paragraph (1), the Secretary of the Interior may develop or enhance refuge education programs as appropriate, based on the resources of individual refuges and the opportunities available for such programs in State, local, and private schools. In developing and implementing each program, the Secretary should cooperate with State and local education authorities, and may cooperate with partner organizations in accordance with subsection (d). **(f) Report** Not later than 1 year after January 4, 2011, and every 5 years thereafter, the Secretary of the Interior shall submit a report to the Committee on Natural Resources of the House of Representatives 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section742f-1&num=0&edition=prelim); 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 2023 through 2027.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8101 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and (G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty; (iii) a commissioned officer of the Environmental Science Services Administration; or (iv) a member of the Metropolitan Police or the Fire D

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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 resp

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 668dd — National Wildlife Refuge System

**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds** (1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility. (2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans. (3) With respect to the System, it is the policy of the United States that— (A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section742f&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668dd&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 668dd — National Wildlife Refuge System

Page 1173 TITLE 16—CONSERVATION § 668dd section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘United States magistrate’’ sub- stituted for ‘‘United States commissioner’’ in subsec. (a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 668c. Definitions As used in this subchapter ‘‘whoever’’ includes also associations, partnerships, and corpora- tions; ‘‘take’’ includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; ‘‘transport’’ includes also ship, convey, carry, or

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 742f — Powers of Secretaries of the Interior and

Page 1306 TITLE 16—CONSERVATION § 742e § 742e. Transfer of functions to Secretary (a) Functions of Secretaries of Agriculture, Com- merce, 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 re- sources or with respect to international com- missions 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, prop- erty, facilities, records, and unexpended bal- ances of appropriations, allocations, and other funds (available or to be made available) as the Director of the Office of Management and Budg- et 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 agen- cies The Secretary may request and secure the ad- vice or assistance of any department or agency of the Government in carrying out the provi- sions 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 fro

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