16 U.S.C. § 757a — Anadromous, Great Lakes, and Lake

Page 1321 TITLE 16—CONSERVATION § 757a 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, consolidated Bureau of Fisheries and Bureau of Biologi- cal Survey with their respective functions into one agency in Department of the Interior to be known as Fish and Wildlife Service, and provided that functions of consolidated agency shall be administered under di- rection and supervision of Secretary of the Interior. Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, transferred Bureau of Fisheries in Department of Commerce and its functions to Department of the In- terior, to be administered under direction and super- vision of Secretary of the Interior. § 756. Investigations, surveys, and experiments; construction and installation of conservation devices, etc. The Secretary of Commerce is further author- ized and directed (1) to conduct such investiga- tions, and such engineering and biological sur- veys and experiments, as may be necessary to direct and facilitate conservation of the fishery resources of the Columbia River and its tribu- taries; (2) to construct and install devices in the Columbia River Basin for the improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects, and for facilitating free migration of fish over obstructions; and (3) to perform all other activities necessary for the conservation of fish in the Columbia River Basin in accord- ance with law. (May 11, 1938, ch. 193, § 2, 52 Stat. 345; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 8, 1946, ch. 883, § 1, 60 Stat. 932; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Editorial Notes AMENDMENTS 1946—Act Aug. 8, 1946, struck out requirement to maintain conservation devices, etc. Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior and prior transfers, see note set out under section 755 of this title. § 757. Utilization of State services; expenditure of funds In carrying out the authorizations and duties imposed by section 756 of this title, the Sec- retary of Commerce is authorized to utilize the facilities and services of the agencies of the States of Oregon, Washington, and Idaho respon- sible for the conservation of the fish and wildlife resources in such States, under the terms of agreements entered into between the United States and these States, without regard to the provisions of section 6101 of title 41, and funds appropriated to carry out the purposes of sec- tions 755 to 757 of this title may be expended for the construction of facilities on and the im- provement of lands not owned or controlled by the United States: Provided, That the appro- priate agency of the State wherein such con- struction or improvement is to be carried on first shall have obtained without cost to the United States the necessary title to, interest therein, rights-of-way over, or licenses covering the use of such lands. (May 11, 1938, ch. 193, § 3, 52 Stat. 345; Aug. 8, 1946, ch. 883, § 2, 60 Stat. 932; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Editorial Notes CODIFICATION In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 3709 of the Revised Statutes’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1946—Act Aug. 8, 1946, amended section generally to provide for utilization of State services, and for ex- penditure of funds for construction of facilities and im- provements on lands not owned by the United States. Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior, by Reorg. Plan No. 4 of 1970, see note set out under section 755 of this title. § 757a. Anadromous, Great Lakes, and Lake Champlain fisheries (a) Conservation, development, and enhance- ment; cooperative agreements; costs For the purpose of conserving, developing, and enhancing within the several States the anad- romous fishery resources of the Nation that are subject to depletion from water resources devel- opments and other causes, or with respect to which the United States has made conservation commitments by international agreements, and for the purpose of conserving, developing, and enhancing the fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the Secretary of the Interior is authorized to enter into cooperative agreements with one or more States, acting jointly or severally, that are con- cerned with the development, conservation, and enhancement of such fish, and, whenever he deems it appropriate, with other non-Federal in- terests. Such agreements shall describe (1) the actions to be taken by the Secretary and the co- operating parties, (2) the benefits that are ex- pected to be derived by the States and other non-Federal interests, (3) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal Government and by the States and other non-Federal interests: Pro- vided, That, except as provided in subsection (c) of this section, the Federal share, including the operation and maintenance costs of any facili- ties constructed by the Secretary pursuant to sections 757a to 757f of this title, which he annu- ally determines to be a proper Federal cost, shall not exceed 50 per centum of such costs ex- clusive of the value of any Federal land in- volved: Provided further, That the non-Federal share may be in the form of real or personal property, the value of which will be determined by the Secretary, as well as money, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or personal property ac- quired by the Secretary during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable. Page 1322 TITLE 16—CONSERVATION § 757b 1 See References in Text note below. (b) Operation, management, and administration of property; research (1) The Secretary may also enter into agree- ments with the States for the operation of any facilities and management and administration of any lands or interests therein acquired or fa- cilities constructed pursuant to sections 757a to 757f of this title. (2) In carrying out responsibilities under this section, the Secretary shall conduct, promote, and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of anadromous and Great Lakes fishery resources. (c) Increase of Federal share (1) Whenever two or more States having a common interest in any basin jointly enter into a cooperative agreement with the Secretary under subsection (a) of this section to carry out a research and development program to con- serve, develop, and enhance anadromous fishery resources of the Nation, or fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the Federal share of the program costs shall be increased to a maximum of 662⁄3 per cen- tum. For the purpose of this subsection, the term ‘‘basin’’ includes rivers and their tribu- taries, lakes, and other bodies of water or por- tions thereof. (2) In the case of any State that has imple- mented an interstate fisheries management plan for anadromous fishery resources, prepared by an interstate commission, the Federal share of any grant made under this section to carry out activities required by such plan shall be up to 90 percent. For purposes of this paragraph, the term ‘‘interstate commission’’ means— (A) the commission established by the At- lantic States Marine Fisheries Compact (as consented to and approved by Public Law 80–77 1), approved May 4, 1942 (56 Stat. 267); (B) the commission established by the Pa- cific Marine Fisheries Compact (as consented to and approved by Public Law 80–232 1), ap- proved July 24, 1947 (16 Stat. 419); and (C) the commission established by the Gulf States Marine Fisheries Compact (as con- sented to and approved by Public Law 81–66), approved May 19, 1949 (63 Stat. 70). (Pub. L. 89–304, § 1, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 91–249, § 1, May 14, 1970, 84 Stat. 214; Pub. L. 93–362, § 3(a), July 30, 1974, 88 Stat. 398; Pub. L. 95–464, Oct. 17, 1978, 92 Stat. 1278; Pub. L. 96–118, § 1, Nov. 16, 1979, 93 Stat. 859; Pub. L. 97–453, § 14(b)(1), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98–44, title I, § 104, July 12, 1983, 97 Stat. 216; Pub. L. 107–372, title III, § 303(b), Dec. 19, 2002, 116 Stat. 3095.) Editorial Notes REFERENCES IN TEXT Public Law 80–77, May 4, 1942, 56 Stat. 267, referred to in subsec. (c)(2)(A), probably means act May 4, 1942, ch. 283 [Public Law 539, 77th Cong.], 56 Stat. 267, which is not classified to the Code. Public Law 80–232, July 24, 1947, 16 Stat. 419, referred to in subsec. (c)(2)(B), probably means act July 24, 1947, ch. 316 [Public Law 232, 80th Cong.], 61 Stat. 419, which is not classified to the Code. Public Law 81–66, May 19, 1949, 63 Stat. 70, referred to in subsec. (c)(2)(C), is act May 19, 1949, ch. 128 [Public Law 66, 81st Cong.], 63 Stat. 70, which is not classified to the Code. AMENDMENTS 2002—Subsec. (b). Pub. L. 107–372 designated existing provisions as par. (1) and added par. (2). 1983—Subsec. (c)(2). Pub. L. 98–44 substituted ‘‘re- sources, prepared by an interstate commission’’ for ‘‘re- sources’’, substituted ‘‘up to 90 percent’’ for ‘‘90 per- cent’’, and inserted provision defining interstate com- mission for purposes of this paragraph. Subsec. (c). Pub. L. 97–453 designated existing provi- sions as par. (1) and added par. (2). 1979—Subsec. (c). Pub. L. 96–118 struck out provisions respecting cost to Federal government of operation and maintenance of structures, devices, etc., constructed by States under cooperative agreements. 1978—Subsecs. (a), (c). Pub. L. 95–464 inserted ‘‘and Lake Champlain’’ after ‘‘Great Lakes’’. 1974—Subsec. (c). Pub. L. 93–362 substituted ‘‘662⁄3 per centum’’ for ‘‘60 per centum’’. 1970—Subsec. (a). Pub. L. 91–249, § 1(a), made the Fed- eral share of the cost of conservation, development and enhancement of the anadromous fishery resources sub- ject to the provisions of subsec. (c) of this section. Subsec. (c). Pub. L. 91–249, § 1(b), added subsec. (c). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–372, title III, § 301, Dec. 19, 2002, 116 Stat. 3094, provided that: ‘‘This title [amending this section, sections 757d, 971h, 4101, 4107, and 5610 of this title, and provisions set out as a note under section 857–19 of Title 33, Navigation and Navigable Waters] may be cited as the ‘Fisheries Conservation Act of 2002’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–130, § 1, Oct. 17, 1991, 105 Stat. 626, provided that: ‘‘This Act [amending section 757g of this title and provisions set out as notes under section 1851 of this title] may be cited as the ‘Striped Bass Act of 1991’.’’ SHORT TITLE Section 8, formerly section 7, of Pub. L. 89–304, as added by Pub. L. 91–249, § 3, May 14, 1970, 84 Stat. 214, and renumbered by Pub. L. 96–118, § 4, Nov. 16, 1979, 93 Stat. 859, provided that: ‘‘This Act [enacting this sec- tion and sections 757b to 757g of this title] may be cited as the ‘Anadromous Fish Conservation Act’.’’ Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior, by Reorg. Plan No. 4 of 1970, see note set out under section 755 of this title. § 757b. Authority of the Secretary with regards to Anadromous and Great Lakes fisheries; de- velopment and management The Secretary, in accordance with any agree- ments entered into pursuant to section 757a(a) of this title, is authorized (1) to conduct such in- vestigations, engineering and biological surveys, and research as may be desirable to carry out the program; (2) to carry out stream clearance activities; (3) to construct, install, maintain, and operate devices and structures for the im- provement of feeding and spawning conditions, for the protection of fishery resources, and for facilitating the free migration of the fish, and