§ 742f. — Powers of Secretaries of the Interior and Commerce.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC742f]
TITLE 16--CONSERVATION
CHAPTER 9--FISH AND WILDLIFE SERVICE
Sec. 742f. Powers of Secretaries of the Interior and Commerce
(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 Administration Act of 1966 (16 U.S.C. 668dd 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, 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 and is
exempt from taxation under section 501(a) of that title.
(2) Cooperative agreements
(A) In general
The Secretary 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.
(B) Projects and programs
Subject to the requirements of the National Wildlife Refuge
System Administration 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 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 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 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) of this section.
(f) Authorization of appropriations
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.
(Aug. 8, 1956, ch. 1036, Sec. 7, 70 Stat. 1122; Pub. L. 95-616, Sec. 4,
Nov. 8, 1978, 92 Stat. 3112; Pub. L. 97-347, Sec. 2, Oct. 18, 1982, 96
Stat. 1652; Pub. L. 98-44, title I, Sec. 103(a)(2), July 12, 1983, 97
Stat. 216; Pub. L. 98-498, title IV, Sec. 430(2), Oct. 19, 1984, 98
Stat. 2310; Pub. L. 105-242, Secs. 3, 4(b), (c), 5-7, Oct. 5, 1998, 112
Stat. 1574-1578.)
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 classification of this Act to the Code, see Short Title note
set out under section 742a of this title and Tables.
The National Wildlife Refuge Administration Act of 1966, referred to
in subsecs. (b)(2)(B)(ii) and (d)(2)(B), (C)(i), probably means the
National Wildlife Refuge System Administration Act of 1966, which
consists of sections 4 and 5 of Pub. L. 89-699, Oct. 15, 1966, 80 Stat.
927, as amended, and is classified to sections 668dd and 668ee of this
title. For further details, see Short Title note set out under section
668dd of this title.
The tort claim provisions of title 28, referred to in subsec.
(c)(4), are the provisions of the Federal Tort Claims Act, which is
classified generally to section 1346(b) and to chapter 171 (Sec. 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
Amendments
1998--Subsec. (b)(2). Pub. L. 105-242, Sec. 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, Sec. 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, Sec. 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 subsection $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, Secs. 5-7, added subsecs. (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, Sec. 4(1), reenacted existing
provisions, substituting reference to fish resources for prior reference
to fisheries resources and incorporated provisions of par. (5) relating
to wildlife resources, substituting reference to acquisition by purchase
or exchange of land and water for prior reference to acquisition of
refuge lands.
Subsec. (a)(5). Pub. L. 95-616, Sec. 4(1), struck out par. (5)
relating to wildlife resources. See par. (4).
Subsecs. (b), (c). Pub. L. 95-616, Sec. 4(3), added subsecs. (b) and
(c).
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.
Congressional Findings and Purposes
Pub. L. 105-242, Sec. 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 section 742a of this title] as the `System'),
consisting of more than 500 refuges and 93,000,000 acres, plays an
integral role in the protection of the natural resources of the
United States;
``(2) the National Wildlife Refuge System Improvement 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 donations, and
facilitating non-Federal partnerships with refuges, Federal funding
for the refuges can be supplemented 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 resources 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 management 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 participation 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, Sec. 4(a), Oct. 5, 1998, 112 Stat. 1575, provided
that:
``(1) In general.--Subject to the availability of appropriations,
the Secretary of the Interior shall carry out a pilot project at 2 or
more national wildlife refuges or complexes of geographically related
refuges in each United States Fish and Wildlife Service region, but not
more than 20 pilot projects nationwide.
``(2) Volunteer coordinator.--Each pilot project shall provide for
the employment of a full-time volunteer coordinator for the refuge or
complex of geographically related refuges. The volunteer coordinator
shall be responsible for recruiting, training, and supervising
volunteers. The volunteer coordinator may be responsible for assisting
partner organizations in developing projects and programs under
cooperative agreements under section 7(d) of the Fish and Wildlife Act
of 1956 [16 U.S.C. 742f(d)] (as added by section 5) and coordinating
volunteer activities with partner organizations to carry out the
projects and programs.
``(3) Report.--Not later than 3 years after the date of enactment of
this Act [Oct. 5, 1998], the Secretary of the Interior shall submit a
report to the Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate evaluating
and making recommendations regarding the pilot projects.
``(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $2,000,000 for each of fiscal
years 1999 through 2002.''
Section Referred to in Other Sections
This section is referred to in sections 460l-9, 1534, 3705 of this
title.
