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 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. Page 1307 TITLE 16—CONSERVATION § 742f (B) GIFTS, DEVISES, AND BEQUESTS TO PAR- TICULAR REFUGES.— (i) DISBURSAL.—Any gift, devise, or be- quest made for the benefit of a particular national wildlife refuge or complex of geo- graphically related refuges shall be dis- bursed only for the benefit of that refuge or complex of refuges and without further ap- propriations. (ii) MATCHING.—Subject to the availability of appropriations and the requirements of the National Wildlife Refuge System Admin- istration Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable law, the Secretary may provide funds to match gifts, devises, and be- quests made for the benefit of a particular national wildlife refuge or complex of geo- graphically 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 serv- ices, the fair market value) of the gift, de- vise, or bequest. (3) For the purpose of Federal income, estate, and gift taxes, property, or proceeds therefrom, or interests therein, accepted under this sub- section shall be considered as a gift or bequest to the United States. (c) Volunteer services; incidental expenses; Fed- eral employee status; authorization of appro- priations (1) The Secretary of the Interior and the Sec- retary of Commerce may each recruit, train, and accept, without regard to the provisions of title 5, the services of individuals without compensa- tion as volunteers for, or in aid of programs con- ducted 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 Sec- retary of Commerce are each authorized to pro- vide for incidental expenses such as transpor- tation, uniforms, lodging, awards (including nominal cash awards) and recognition, and sub- sistence of such volunteers without regard to their places of residence. (3) Except as otherwise provided in this sub- section, a volunteer shall not be deemed a Fed- eral employee and shall not be subject to the provisions of law relating to Federal employ- ment, 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 provi- sions of title 28, a volunteer under this sub- section 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 other- wise provided to volunteers under this sub- section. The members of the Corps shall be sub- ject to the other provisions of this subsection. (d) Community partnership enhancement (1) Definition of partner organization In this subsection, the term ‘‘partner organi- zation’’ means an organization that— (A) draws its membership from private in- dividuals, organizations, corporations, aca- demic institutions, or State or local govern- ments; (B) is established to promote the under- standing of, education relating to, and the conservation of the fish, wildlife, plants, and cultural and historical resources of a par- ticular refuge or complex of geographically related refuges; and (C) is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of that title. (2) Cooperative agreements (A) In general Notwithstanding chapter 63 of title 31, the Secretary of the Interior may negotiate and enter into a cooperative agreement with a partner organization, academic institution, State or local government agency, or other person to implement one or more projects or programs for a refuge or complex of geo- graphically related refuges in accordance with the purposes of this subsection and in compliance with the policies of other rel- evant authorities, regulations, and policy guidance. (B) Projects and programs Subject to the requirements of the Na- tional Wildlife Refuge System Administra- tion 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 com- plex of geographically related refuges that— (i) promote the stewardship of resources of the refuge through habitat mainte- nance, restoration, and improvement, bio- logical monitoring, or research; (ii) support the operation and mainte- nance of the refuge through constructing, operating, maintaining, or improving the facilities and services of the refuge; (iii) increase awareness and under- standing of the refuge and the National Wildlife Refuge System through the devel- opment, 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 en- Page 1308 TITLE 16—CONSERVATION § 742f couragement of gifts, devises, and be- quests. (C) Federal funding and ownership (i) Matching Subject to the availability of appropria- tions 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 do- nated 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 re- lated to the project or program and may not be used for operation or administra- tion of any non-Federal entity. (iii) Ownership of facilities Any new facility, improvement to an ex- isting facility, or other permanent im- provement 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 attrib- utable to activities at a particular refuge or complex of geographically related refuges shall be available to the Secretary of the In- terior, without further appropriation, to pay the costs of incidental expenses related to volunteer activities, and to carry out coop- erative 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 fur- ther the mission of the National Wildlife Ref- uge System and the purposes of individual ref- uges through— (A) providing outdoor classroom opportu- nities for students on national wildlife ref- uges that combine educational curricula with the personal experiences of students re- lating to fish, wildlife, and plants and their habitat and to the cultural and historical re- sources of the refuges; (B) promoting understanding and con- servation of fish, wildlife, and plants and cultural and historical resources of the ref- uges; and (C) improving scientific literacy in con- junction with both formal and nonformal education programs. (2) Refuge programs Based on the guidance developed under para- graph (1), the Secretary of the Interior may develop or enhance refuge education programs as appropriate, based on the resources of indi- vidual 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 In- terior shall submit a report to the Committee on Natural Resources of the House of Represent- atives and the Committee on Environment and Public Works of the Senate— (1) evaluating the accomplishments of the volunteer program, the community partner- ships program, and the refuge education pro- grams 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 re- garding 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 sub- sections (b), (c), (d), (e), and (f), $2,000,000 for each of fiscal years 2023 through 2027. (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; Pub. L. 117–328, div. O, title IV, § 402, Dec. 29, 2022, 136 Stat. 5228.) Editorial Notes 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 classi- fication 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 sec- tions 668dd and 668ee of this title. For further details, see Short Title note set out under section 668dd of this title. AMENDMENTS 2022—Subsec. (g). Pub. L. 117–328 substituted ‘‘2023 through 2027’’ for ‘‘2018 through 2022’’. 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), sub- stituted ‘‘National Wildlife Refuge System Administra- tion Act of 1966’’ for ‘‘National Wildlife Refuge Admin- istration Act of 1966’’. Subsec. (d)(2)(C)(i). Pub. L. 111–357, § 2(b), substituted ‘‘National Wildlife Refuge System Administration Act Page 1309 TITLE 16—CONSERVATION § 742f–1 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 au- thorized to be appropriated to the Secretary of the In- terior 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 sub- sec. (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 Sec- retary of the Interior may enter into a cooperative agreement (within the meaning of chapter 63 of title 31) with any partner organization, academic institution, or State or local government agency to carry out 1 or more projects or programs for a refuge or complex of geographically related refuges in accordance with this subsection.’’ Subsec. (f). Pub. L. 108–327, § 2, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated to the Secretary of the Interior to carry out subsections (b), (c), (d), and (e) of this section $2,000,000 for each of fiscal years 1999 through 2004.’’ 1998—Subsec. (b)(2). Pub. L. 105–242, § 3, inserted par. (2) heading, designated existing provisions as subpar. (A) and inserted heading, and added subpar. (B). Subsec. (c)(2). Pub. L. 105–242, § 4(b), inserted ‘‘awards (including nominal cash awards) and recognition,’’ after ‘‘lodging,’’ and ‘‘without regard to their places of residence’’ after ‘‘volunteers’’. Subsec. (c)(6). Pub. L. 105–242, § 4(c), added par. (6) and struck out former par. (6) which read as follows: ‘‘There are authorized to be appropriated to carry out this sub- section $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 sub- secs. (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 re- sources for prior reference to fisheries resources and in- corporated provisions of par. (5) relating to wildlife re- sources, substituting reference to acquisition by pur- chase 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). Statutory Notes and Related Subsidiaries 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 sec- tion 742a of this title] as the ‘System’), consisting of more than 500 refuges and 93,000,000 acres, plays an in- tegral role in the protection of the natural resources of the United States; ‘‘(2) the National Wildlife Refuge System Improve- ment 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 dona- tions, and facilitating non-Federal partnerships with refuges, Federal funding for the refuges can be sup- plemented 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 re- sources 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 man- agement 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 participa- tion 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. Executive Documents 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. § 742f–1. National Volunteer Coordination Pro- gram (1) In general Subject to the availability of appropriations, and in conformance with the strategy developed under paragraph (2) and consistent with the au- thorities 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 Coordina- tion Program within the National Wildlife Ref- uge System to— (A) augment and support the capabilities and efforts of Federal employees to implement resource management, conservation, and pub- lic education programs and activities across the National Wildlife Refuge System; (B) provide meaningful opportunities for vol- unteers 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 Na- tional Wildlife Refuge System under the Na- tional 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 Reg- ister a national strategy for the coordination and utilization of volunteers within the Na- tional Wildlife Refuge System.