[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC742l]
TITLE 16--CONSERVATION
CHAPTER 9--FISH AND WILDLIFE SERVICE
Sec. 742l. Enforcement authority for the protection of fish and
wildlife resources
(a) Law enforcement training program
(1) In order to provide for and encourage training, research, and
development for the purpose of improving fish and wildlife law
enforcement and developing new methods for the prevention, detection,
and reduction of violation of fish and wildlife laws, and the
apprehension of violators of such laws, the Secretary of the Interior
and the Secretary of Commerce may each--
(A) establish and conduct national training programs to provide,
at the request of any State, training for State fish and wildlife
law enforcement personnel;
(B) develop new or improved approaches, techniques, systems,
equipment, and service to improve and strengthen fish and wildlife
law enforcement; and
(C) assist in conducting, at the request of any appropriate
State official, local or regional training programs for the training
of State fish and wildlife law enforcement personnel.
Such training programs shall be conducted to the maximum extent
practicable through established programs.
(2) There are authorized to be appropriated beginning with fiscal
year 1980 such funds as may be necessary to carry out the purposes of
subsection (b) of this section, and the Secretary of the Interior and
the Secretary of Commerce may each require reimbursement from the States
for expenditures made pursuant to subsections (b)(1)(A) and (C) of this
section.
(b) Law enforcement cooperative agreement
Notwithstanding any other provision of law, the Secretary of the
Interior and the Secretary of Commerce may each utilize by agreement,
with or without reimbursement, the personnel, services and facilities of
any other Federal or State agency to the extent he deems it necessary
and appropriate for effective enforcement of any Federal or State laws
on lands, waters, or interests therein under his jurisdiction which are
administered or managed for fish and wildlife purposes and for
enforcement of any laws administered by him relating to fish and
wildlife. Persons so designated by either Secretary, who are not
employees of another Federal agency--
(1) shall not be deemed a Federal employee and shall not be
subject to the provisions of law relating to Federal employment,
including those relating to hours of work, competitive examination,
rates of compensation, and Federal employee benefits, but may be
considered eligible for compensation for work injuries under
subchapter III of chapter 81 of title 5;
(2) shall be considered to be investigative or law enforcement
officers of the United States for the purposes of the tort claim
provisions of title 28;
(3) may, to the extent specified by either Secretary, search,
seize, arrest, and exercise any other law enforcement functions or
authorities under Federal laws relating to fish and wildlife, where
such authorities are made applicable by this or any other law to
employees, officers, or other persons designated or employed by
either Secretary; and
(4) shall be considered to be officers or employees of the
Department of the Interior or the Department of Commerce, as the
case may be, within the meaning of sections 111 and 1114 of title
18.
(c) Disposal of abandoned or forfeited property
(1) In general
Subject to paragraph (2), notwithstanding any other provision of
law, all fish, wildlife, plants, or any other items abandoned or
forfeited to the United States under any laws administered by the
Secretary of the Interior or the Secretary of Commerce relating to
fish, wildlife, or plants, shall be disposed of by either Secretary
in such a manner as he deems appropriate (including, but not limited
to, loan, gift, sale, or destruction).
(2) Prohibition on sale of certain items
In carrying out paragraph (1), the Secretary of the Interior and
the Secretary of Commerce may not sell any species of fish,
wildlife, or plant, or derivative thereof, for which the sale is
prohibited by another Federal law.
(3) Use of revenues
The Secretary of the Interior and the Secretary of Commerce may
each expend any revenues received from the disposal of items under
paragraph (1), and all sums referred to in the first sentence of
section 1540(d) of this title and the first sentence of section
3375(d) of this title--
(A) to make payments in accordance with those sections; and
(B) to pay costs associated with--
(i) shipping items referred to in paragraph (1) to and
from the place of storage, sale, or temporary or final
disposal, including temporary or permanent loan;
(ii) storage of the items, including inventory of, and
security for, the items;
(iii) appraisal of the items;
(iv) sale or other disposal of the items in accordance
with applicable law, including auctioneer commissions and
related expenses;
(v) payment of any valid liens or other encumbrances on
the items and payment for other measures required to clear
title to the items; and
(vi) in the case of the Secretary of the Interior only,
processing and shipping of eagles and other migratory birds,
and parts of migratory birds, for Native American religious
purposes.
(d) Disclaimer
Nothing in this section shall be construed to invalidate any law
enforcement agreement or delegation made by the Secretary of the
Interior or the Secretary of Commerce with respect to fish and wildlife
matters prior to November 8, 1978.
(e) to (j) Omitted
(k) Law enforcement operations
With respect to any undercover or other enforcement operation which
is necessary for the detection and prosecution of violations of any laws
administered by the United States Fish and Wildlife Service or the
National Marine Fisheries Service relating to fish, wildlife, or plants,
the Secretary of the Interior or the Secretary of Commerce may,
notwithstanding any other provision of law--
(1) direct the advance of funds which may be deposited in
commercial banks or other financial institutions;
(2) use appropriations for payment for information, rewards, or
evidence concerning violations, without reference to any rewards to
which such persons may otherwise be entitled by law, and any moneys
subsequently recovered shall be reimbursed to the current
appropriation; and
(3) use appropriations to establish or acquire proprietary
corporations or business entities as part of an undercover
operation, operate such corporations or business entities on a
commercial basis, lease space and make other necessary expenditures,
and use the proceeds from such undercover operations to offset
necessary and reasonable expenses incurred in such operations:
Provided, That at the conclusion of each such operation the proceeds
shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(Pub. L. 95-616, Sec. 3 (less (e)-(j)), Nov. 8, 1978, 92 Stat. 3110;
Pub. L. 97-396, Sec. 7, Dec. 31, 1982, 96 Stat. 2006; Pub. L. 105-328,
Sec. 3, Oct. 30, 1998, 112 Stat. 3058.)
References in Text
The tort claim provisions of title 28, referred to in subsec.
(b)(2), 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.
This section, referred to in subsec. (d), means section 3 of Pub. L.
95-616, which in addition to enacting this section, enacted section 712
of this title and amended sections 460k-3, 668dd, 690e, 706, and 718f of
this title and sections 1114 and 3112 of Title 18, Crimes and Criminal
Procedure.
Codification
Section is comprised of subsecs. (a) to (d) and (k) of section 3 of
Pub. L. 95-616, as amended. For classification of subsecs. (e) through
(j) of section 3, see References in Text note above and Tables.
Amendments
1998--Subsec. (c). Pub. L. 105-328 designated existing provisions as
par. (1) and inserted heading, substituted ``Subject to paragraph (2),
notwithstanding'' for ``Notwithstanding'', and added pars. (2) and (3).
1982--Subsec. (k). Pub. L. 97-396 added subsec. (k).
Congressional Findings and Purposes
Pub. L. 105-328, Sec. 2, Oct. 30, 1998, 112 Stat. 3057, provided
that:
``(a) Findings.--Congress finds that--
``(1) the United States Fish and Wildlife Service (referred to
in th
