§ 742b. United States Fish and Wildlife Service

§ 742b. United States Fish and Wildlife Service

(a) Assistant Secretary for Fish and Wildlife There is established within the Department of the Interior the position of Assistant Secretary for Fish and Wildlife. Such Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the same rate as other Assistant Secretaries.

(b) Establishment; Director of United States Fish and Wildlife Service; appointment; qualifications There is established within the Department of the Interior the United States Fish and Wildlife Service. The functions of the United States Fish and Wildlife Service shall be administered under the supervision of the Director, who shall be subject to the supervision of the Assistant Secretary for Fish and Wildlife. The Director of the United States Fish and Wildlife Service shall be appointed by the President, by and with the advice and consent of the Senate. No individual may be appointed as the Director unless he is, by reason of scientific education and experience, knowledgeable in the principles of fisheries and wildlife management.

(c) Succession to United States Fish and Wildlife Service and Bureau of Sport Fisheries and Wildlife The United States Fish and Wildlife Service established by subsection (b) shall succeed to and replace the United States Fish and Wildlife Service (as constituted on June 30, 1974) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date). All laws and regulations in effect on June 30, 1974, which relate to matters administered by the Department of the Interior through the United States Fish and Wildlife Service (as constituted on such date) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date) shall remain in effect.

(d) Functions and responsibilities of Secretary of the Interior All functions and responsibilities placed in the Department of the Interior or any official thereof by this Act shall be included among the functions and responsibilities of the Secretary of the Interior, as the head of the Department, and shall be carried out under his direction pursuant to such procedures or delegations of authority as he may deem advisable and in the public interest.

(Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120; Pub. L. 87–367, title I, § 103(14), Oct. 4, 1961, 75 Stat. 788; Pub. L. 87–793, § 607(a)(5), Oct. 11, 1962, 76 Stat. 849; Pub. L. 93–271, § 1, Apr. 22, 1974, 88 Stat. 92.)

Editorial Notes

References in Text

This Act, referred to in subsec. (d), 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.

Amendments

1974—Subsec. (a). Pub. L. 93–271, § 1(1), (2), struck out provisions relating to the establishment of the position of and the appointment of the Commissioner of Fish and Wildlife. Provisions for the establishment of the United States Fish and Wildlife Service within the Department of the Interior, consisting of the Bureau of Commercial Fisheries and the Bureau of Sport Fisheries and Wildlife, the appointment of a Director for each of the Bureaus, and the succession of the United States Fish and Wildlife Service to the Fish and Wildlife Service of the Department, were also struck out.

Subsec. (b). Pub. L. 93–271, § 1(3), substituted provisions for the establishment of the United States Fish and Wildlife Service within the Department of the Interior, for its administration by a Director subject to the supervision of the Assistant Secretary for Fish and Wildlife, the qualifications for and the appointment of the Director, for provisions relating to the administration of the United States Fish and Wildlife Service by the Commissioner of Fish and Wildlife subject to the supervision of the Assistant Secretary for Fish and Wildlife.

Subsecs. (c), (d). Pub. L. 93–271, § 1(3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d), relating to the distribution of functions, powers, and duties of former Fish and Wildlife Service, was struck out.

Subsec. (e). Pub. L. 93–271, § 1(3), struck out subsec. (e) which related to continuation of all laws, rules, and regulations administered by the Fish and Wildlife Service.

Subsec. (f). Pub. L. 93–271, § 1(3), struck out subsec. (f) which provided for administrative authority in the Secretary of the Interior to carry out the provisions of Act Aug. 8, 1956, and for effective procedure for reorganization.

1962—Subsec. (a). Pub. L. 87–793 struck out provisions which authorized the Commissioner to receive compensation at the same rate as that provided for grade GS–18.

1961—Subsec. (a). Pub. L. 87–367 struck out “at Grades GS–17 each” after “by the Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Pub. L. 93–271, § 3, Apr. 22, 1974, 88 Stat. 92, provided that: “The amendments made by this Act [amending this section and section 5316 of Title 5, Government Organization and Employees] shall take effect on July 1, 1974.”

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–793 effective on first day of first pay period which begins on or after Oct. 11, 1962, see section 610 of Pub. L. 87–793.

Murder Hornet Eradication Pilot Program

Pub. L. 116–260, div. AA, title V, § 508, Dec. 27, 2020, 134 Stat. 2750, provided that: “(a) Grant Authority.—The Secretary of the Interior, acting through the Director of the Fish and Wildlife Service, and in consultation with all relevant Federal agencies, shall establish a pilot program to provide financial assistance to States for management, research, and public education activities necessary to—“(1) eradicate the Asian giant hornet; and “(2) restore bee populations damaged by the Asian giant hornet. “(b) Eligibility.—A State is eligible to receive financial assistance under this section if the State has demonstrated to the Secretary of the Interior sufficient need to implement measures to eradicate the Asian giant hornet. “(c) Cost Sharing.—“(1) Federal share.—The Federal share of the costs of activities carried out under the pilot program may not exceed 75 percent of the total costs of such activities. “(2) In-kind contributions.—The non-Federal share of the costs of activities carried out under the pilot program may be provided in the form of in-kind contributions of materials or services. “(d) Limitation on Administrative Expenses.—Not more than 5 percent of financial assistance provided by the Secretary of the Interior under this section may be used for administrative expenses. “(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of the Interior to carry out the pilot program $4,000,000 for each of fiscal years 2021 through 2025. “(f) Definitions.—In this section:“(1) Asian giant hornet.—The term ‘Asian giant hornet’ means a Vespa mandarinia. “(2) State.—The term ‘State’ means each of the several States, the District of Columbia, and the territories and insular possessions of the United States. “(g) Sunset.—The authority under this section shall terminate on the date that is 5 years after the date of enactment of this Act [Dec. 27, 2020].”

Fish and Wildlife Service Asian Carp Eradication Program

Pub. L. 116–260, div. AA, title V, § 509(b), Dec. 27, 2020, 134 Stat. 2752, provided that: “(1) Establishment.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a program to provide financial assistance to States to implement measures, including for management, research, and public education activities, necessary to eradicate the Asian carp. “(2) Eligibility.—A State is eligible to receive financial assistance under this subsection if such State has demonstrated to the Secretary of the Interior sufficient need to implement measures to eradicate the Asian carp. “(3) Priority.—In providing financial assistance under the program, the Secretary of the Interior shall give priority to States in the Cumberland River Watershed or the Tennessee River Watershed in which Asian carp populations are expanding or have been documented. “(4) Cost sharing.—“(A) Federal share.—The Federal share of the costs of activities carried out under the program may not exceed 80 percent of the total costs of such activities. “(B) In-kind contributions.—The non-Federal share of the costs of activities carried out under the program may be provided in the form of in-kind contributions of materials or services. “(5) Limitation on administrative expenses.—Not more than 5 percent of financial assistance provided by the Secretary of the Interior under this subsection may be used for administrative expenses. “(6) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of the Interior to carry out this subsection $4,000,000 for each of fiscal years 2021 through 2025.”

Invasive Species in Noncontiguous States and Territories Pilot Program

Pub. L. 116–260, div. AA, title V, § 510, Dec. 27, 2020, 134 Stat. 2752, provided that: “(a) Establishment.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program to carry out measures necessary to prevent, control, or eradicate invasive species in culturally significant forested watersheds in noncontiguous States and territories of the United States in which the Corps of Engineers is carrying out flood risk management projects. “(b) Implementation.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, is encouraged to carry out the measures described in subsection (a) in consultation with—“(1) States, any territory or possession of the United States, and units of local government, including federally recognized Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and “(2) nonprofit organizations with knowledge of, and experience in, forested watershed management, including nonprofit organizations with a primary purpose of serving and partnering with indigenous communities. “(c) Authorization of Appropriations.—There is authorized to be appropriated to carry out the pilot program under subsection (a) $25,000,000 for the period of fiscal years 2022 through 2024.”

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