16 U.S.C. § 742e — Transfer of functions to Secretary

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 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, 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. Executive Documents 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 Em- ployees. Section 102 of 1970 Reorg. Plan No. 2 redesig- nated 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 ad- vice and assistance as he may require from the Assistant Secretary for Fish and Wildlife, shall consider and determine the policies and proce- dures that are necessary and desirable in car- rying out efficiently and in the public interest the laws relating to fish and wildlife. The Sec- retary, with the assistance of the departmental staff herein authorized, shall— (1) develop and recommend measures which are appropriate to assure the maximum sus- tainable production of fish and fishery prod- ucts and to prevent unnecessary and excessive fluctuations in such production; (2) study the economic condition of the in- dustry, and whenever he determines that any segment of the domestic fisheries has been se- riously 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 pro- motional and informational activities with a view to stimulating the consumption of fish- ery 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 wild- life resources including, but not limited to, re- search, 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 affirma- tive 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 ac- cept any gifts, devises, or bequests of real and personal property, or proceeds therefrom, or in- terests 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 af- firmative 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 sepa- rate account in the Treasury and shall be dis- bursed upon order of the Secretary for the ben- efit of programs administered by the United States Fish and Wildlife Service.