§ 757b. — Authority of the Secretary with regards to Anadromous and Great Lakes fisheries; development and management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC757b]
TITLE 16--CONSERVATION
CHAPTER 9A--PRESERVATION OF FISHERY RESOURCES
Sec. 757b. Authority of the Secretary with regards to Anadromous
and Great Lakes fisheries; development and management
The Secretary, in accordance with any agreements entered into
pursuant to section 757a(a) of this title, is authorized (1) to conduct
such investigations, engineering and biological surveys, and research as
may be desirable to carry out the program; (2) to carry out stream
clearance activities; (3) to construct, install, maintain, and operate
devices and structures for the improvement of feeding and spawning
conditions, for the protection of fishery resources, and for
facilitating the free migration of the fish, and for the control of the
sea lamprey; (4) to construct, operate, and maintain fish hatcheries
wherever necessary to accomplish the purposes of sections 757a to 757f
of this title; (5) to conduct such studies and make such recommendations
as the Secretary determines to be appropriate regarding the development
and management of any stream or other body of water for the conservation
and enhancement of anadromous fishery resources and the fish in the
Great Lakes and Lake Champlain that ascend streams to spawn: Provided,
That the reports on such studies and the recommendations of the
Secretary shall be transmitted to the States, the Congress, and the
Federal water resources construction agencies for their information:
Provided further, That sections 757a to 757f of this title shall not be
construed as authorizing the formulation or construction of water
resources projects, except that water resources projects which are
determined by the Seretary \1\ to be needed solely for the conservation,
protection, and enhancement of such fish may be planned and constructed
by the Bureau of Reclamation in its currently authorized geographic area
of responsibility or by the Corps of Engineers, or by the Department of
Agriculture, or by the States, with funds made available by the
Secretary under sections 757a to 757f of this title and subject to the
cost-sharing and appropriations provisions of sections 757a to 757f of
this title; (6) to acquire lands or interests therein by purchase,
lease, donation, or exchange for acquired lands or public lands under
his jurisdiction which he finds suitable for disposition: Provided, That
the lands or interests therein so exchanged shall involve approximately
equal values, as determined by the Secretary: Provided further, That the
Secretary may accept cash from, or pay cash to, the grantor in such an
exchange in order to equalize the values of the properties exchanged;
(7) to accept donations of funds and to use such funds to acquire or
manage lands or interests therein; and (8) to administer such lands or
interests therein for the purposes of sections 757a to 757f of this
title. Title to lands or interests therein acquired pursuant to sections
757a to 757f of this title shall be in the cooperating States or other
non-Federal interests.
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\1\ So in original. Probably should be ``Secretary''.
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(Pub. L. 89-304, Sec. 2, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 93-362,
Sec. 1, July 30, 1974, 88 Stat. 398; Pub. L. 95-464, Oct. 17, 1978, 92
Stat. 1278; Pub. L. 96-118, Sec. 2, Nov. 16, 1979, 93 Stat. 859.)
Amendments
1979--Pub. L. 96-118 substituted ``cooperating States or other non-
Federal interests'' for ``United States''.
1978--Cl. (5). Pub. L. 95-464 inserted ``and Lake Champlain'' after
``Great Lakes''.
1974--Cl. (3). Pub. L. 93-362 inserted reference to the control of
the sea lamprey.
Section Referred to in Other Sections
This section is referred to in sections 757a, 757c, 757d, 757e,
757f, 1225 of this title.
