16 U.S.C. § 757 — Utilization of State services; expenditure of

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.