§ 742f. Powers of Secretaries of the Interior and Commerce

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 8, 1956, ch. 1036, § 7, 70 Stat. 1122 · 70 Stat. 1122

   Enacted · 16 U.S.C. § 742f

   Aug. 8, 1956, ch. 1036, § 7, 70 Stat. 1122

   Source evidence

   Code source credit
   Aug. 8, 1956, ch. 1036, § 7, 70 Stat. 1122

2. 1978

   Fish and Wildlife Improvement Act of 1978

   Pub. L. 95–616 § 4(1) · 92 Stat. 3110

   1. Substituted · 16 U.S.C. § 742f(a)(4)

      Pub. L. 95–616, § 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

   2. Substituted · 16 U.S.C. § 742f(a)(4)

      Pub. L. 95–616, § 4(1), reenacted existing provisions, substituting reference to acquisition by purchase or exchange of land and water for prior reference to acquisition of refuge lands

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 95–616, § 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.

   Enacted provision · exact public law section
   (1) by striking out paragraphs (4) and (5), and inserting in lieu thereof the following: “(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.”;

3. 1978

   Fish and Wildlife Improvement Act of 1978

   Pub. L. 95–616 § 4(1) · 92 Stat. 3110

   Struck · 16 U.S.C. § 742f(a)(5)

   Pub. L. 95–616, § 4(1), struck out par. (5) relating to wildlife resources. See par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 95–616, § 4(1), struck out par. (5) relating to wildlife resources. See par. (4).

   Enacted provision · exact public law section
   (1) by striking out paragraphs (4) and (5), and inserting in lieu thereof the following: “(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.”;

4. 1978

   Fish and Wildlife Improvement Act of 1978

   Pub. L. 95–616 § 4(3) · 92 Stat. 3110

   Added · 16 U.S.C. § 742f(b); 16 U.S.C. § 742f(c)

   Pub. L. 95–616, § 4(3), added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 95–616, § 4(3), added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following two new subsections: “(b) (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) 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. “(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) (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, United States Code, 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, and subsistence of such volunteers. “(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 of the United States Code, a volunteer under this subsection shall be considered a Federal employee. “(5) For the purposes of subchapter I of chapter 81 of title 5 of the 5 USC 8101. United States Code, 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. United States Code, and the “provisions of that subchapter shall apply. “(6) There are authorized to be appropriated to carry out this subsection Appropriation authorization. $100,000 for the Secretary of the Interior and $50,000 for the Secretary of Commerce for each of the fiscal years 1980, 1981, and 1982.”.

5. 1982

   Pub. L. 97–347 § 2 · 96 Stat. 1652

   Substituted · 16 U.S.C. § 742f(c)(6)

   Pub. L. 97–347 substituted “1982 and 1983” for “and 1982”

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 97–347 substituted “1982 and 1983” for “and 1982”.

   Enacted provision · exact public law section
   Sec. 2. Subsection (c)(6) of section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)(6)) (relating to volunteer services in fish and wildlife programs) is amended by striking out “and 1982.” and inserting in lieu thereof “1982 and 1983.”.

6. 1983

   Pub. L. 98–44 title I § 103(a)(2) · 97 Stat. 216

   Substituted · 16 U.S.C. § 742f(c)(6)

   Pub. L. 98–44 substituted “, 1983, and 1984” for “and 1983”

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 98–44 substituted “, 1983, and 1984” for “and 1983”.

   Enacted provision · exact public law section
   (2) by striking out “1982 and 1983.” in section 7(c)(6) and inserting in lieu thereof “1982, 1983, and 1984.”.

7. 1984

   Pub. L. 98–498 title IV § 430(2) · 98 Stat. 2296

   Substituted · 16 U.S.C. § 742f(c)(6)

   Pub. L. 98–498 substituted “1984, 1985, and 1986” for “and 1984”

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 98–498 substituted “1984, 1985, and 1986” for “and 1984”.

   Enacted provision · exact public law section
   (2) by striking out “1982, 1983, and 1984.” in section 7(c)(6) and inserting in lieu thereof “1982, 1983, 1984, 1985, and 1986.”.

8. 1998

   National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998

   Pub. L. 105–242 § 3 · 112 Stat. 1574

   1. Inserted · 16 U.S.C. § 742f(b)(2)

      Pub. L. 105–242, § 3, inserted par. (2) heading

   2. Amended · 16 U.S.C. § 742f(b)(2)

      Pub. L. 105–242, § 3, designated existing provisions as subpar. (A)

   3. Inserted · 16 U.S.C. § 742f(b)(2)

      Pub. L. 105–242, § 3, inserted heading

   4. Added · 16 U.S.C. § 742f(b)(2)

      Pub. L. 105–242, § 3, added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 105–242, § 3, inserted par. (2) heading, designated existing provisions as subpar. (A) and inserted heading, and added subpar. (B).

   Enacted provision · exact public law section
   SEC. 3. GIFTS TO PARTICULAR NATIONAL WILDLIFE REFUGES. Section 7(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(b)(2)) is amended— (1) by striking “(2) Any” and inserting the following: “(2) Use of gifts, devises, and bequests.— “(A) In general.— Any”; and (2) by adding at the end the following: “(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.”.

9. 1998

   National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998

   Pub. L. 105–242 § 4(b) · 112 Stat. 1574

   Inserted · 16 U.S.C. § 742f(c)(2)

   Pub. L. 105–242, § 4(b), inserted “awards (including nominal cash awards) and recognition,” after “lodging,” and “without regard to their places of residence” after “volunteers”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 105–242, § 4(b), inserted “awards (including nominal cash awards) and recognition,” after “lodging,” and “without regard to their places of residence” after “volunteers”.

   Enacted provision · exact public law section
   (b) Awards and Recognition for Volunteers.— Section 7(c)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)(2)) is amended— (1) by inserting “awards (including nominal cash awards) and recognition,” after “lodging,”; and (2) by inserting “without regard to their places of residence” after “volunteers”.

10. 1998

    National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998

    Pub. L. 105–242 § 4(c) · 112 Stat. 1574

    1. Added · 16 U.S.C. § 742f(c)(6)

       Pub. L. 105–242, § 4(c), added par. (6)

    2. Struck · 16 U.S.C. § 742f(c)(6)

       Pub. L. 105–242, § 4(c), 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.”

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 105–242, § 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.”

    Enacted provision · exact public law section
    (c) Senior Volunteer Corps.— Section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)) is amended by striking paragraph (6) and inserting the following: “(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.”.

11. 1998

    National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998

    Pub. L. 105–242 · 112 Stat. 1574

    Added · 16 U.S.C. § 742f(d)(f)

    Pub. L. 105–242, §§ 5–7, added subsecs. (d) to (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 105–242, §§ 5–7, added subsecs. (d) to (f).

12. 2004

    National Wildlife Refuge Volunteer Act of 2004

    Pub. L. 108–327 § 4 · 118 Stat. 1271

    Amended · 16 U.S.C. § 742f(d)(2)(A)

    Pub. L. 108–327, § 4, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 108–327, § 4, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    SEC. 4. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY.   Section 7(d)(2)(A) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(d)(2)(A)) is amended to read as follows: “(A) In general.— Notwithstanding chapter 63 of title 31, United States Code, the Secretary of the Interior may negotiate and enter into a cooperative agreement with a partner organization, academic institution, State or local government agency, or other person to implement one or more projects or programs for a refuge or complex of geographically related refuges in accordance with the purposes of this subsection and in compliance with the policies of other relevant authorities, regulations, and policy guidance.” .

13. 2004

    National Wildlife Refuge Volunteer Act of 2004

    Pub. L. 108–327 § 2 · 118 Stat. 1271

    Amended · 16 U.S.C. § 742f(f)

    Pub. L. 108–327, § 2, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–327, § 2, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    SEC. 2. REAUTHORIZATION OF VOLUNTEER PROGRAMS AND COMMUNITY PARTNERSHIPS UNDER FISH AND WILDLIFE ACT OF 1956.   Section 7(f) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(f)) is amended to read as follows: “(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) $2,000,000 for each of fiscal years 2004 through 2009.” .

14. 2011

    National Wildlife Refuge Volunteer Improvement Act of 2010

    Pub. L. 111–357 § 2(b) · 124 Stat. 3979

    Substituted · 16 U.S.C. § 742f(b)(2)(B)(ii)

    Pub. L. 111–357, § 2(b), substituted “National Wildlife Refuge System Administration Act of 1966” for “National Wildlife Refuge Administration Act of 1966”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 111–357, § 2(b), substituted “National Wildlife Refuge System Administration Act of 1966” for “National Wildlife Refuge Administration Act of 1966”.

    Enacted provision · exact public law section
    (b) Technical Corrections.— Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is amended in subsections (b)(2)(B)(ii) and (d)(2)(C)(i) by striking “National Wildlife Refuge Administration Act of 1966” each place it appears and inserting “National Wildlife Refuge System Administration Act of 1966”.

15. 2011

    National Wildlife Refuge Volunteer Improvement Act of 2010

    Pub. L. 111–357 § 2(b) · 124 Stat. 3979

    Substituted · 16 U.S.C. § 742f(d)(2)(C)(i)

    Pub. L. 111–357, § 2(b), substituted “National Wildlife Refuge System Administration Act of 1966” for “National Wildlife Refuge Administration Act of 1966”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C)(i). Pub. L. 111–357, § 2(b), substituted “National Wildlife Refuge System Administration Act of 1966” for “National Wildlife Refuge Administration Act of 1966”.

    Enacted provision · exact public law section
    (b) Technical Corrections.— Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is amended in subsections (b)(2)(B)(ii) and (d)(2)(C)(i) by striking “National Wildlife Refuge Administration Act of 1966” each place it appears and inserting “National Wildlife Refuge System Administration Act of 1966”.

16. 2011

    National Wildlife Refuge Volunteer Improvement Act of 2010

    Pub. L. 111–357 § 4(a)(2) · 124 Stat. 3979

    Redesignated · 16 U.S.C. § 742f(f)

    Pub. L. 111–357, § 4(a)(2), added subsec. (f). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–357, § 4(a)(2), added subsec. (f). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (2) by inserting after subsection (e) the following new subsection: “(f) Report.— Not later than 1 year after the date of enactment of this subsection and every 5 years thereafter, the Secretary of the Interior shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate— “(1) evaluating the accomplishments of the volunteer program, the community partnerships program, and the refuge education programs authorized under this section, and of the National Volunteer Coordination Program and volunteer coordination strategy under section 4(a) of the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f–1); and “(2) making recommendations to improve the effectiveness of such programs, including regarding implementing subparagraphs (A), (B), and (C) of paragraph (1) of subsection (e).” .

17. 2011

    National Wildlife Refuge Volunteer Improvement Act of 2010

    Pub. L. 111–357 § 2(a) · 124 Stat. 3979

    Amended · 16 U.S.C. § 742f(f)

    Pub. L. 111–357, § 2(a), amended subsec. (f) generally. Prior to amendment, text read as follows: “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 2004 through 2009.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–357, § 2(a), amended subsec. (f) generally. Prior to amendment, text read as follows: “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 2004 through 2009.”

    Enacted provision · exact public law section
    (a) Reauthorization.— Section 7(f) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(f)) is amended to read as follows: “(f) Authorization of Appropriations.— There is authorized to be appropriated to the Secretary of the Interior to carry out subsections (b), (c), (d), (e), and (f), $2,000,000 for each of fiscal years 2011 through 2014.” .

18. 2011

    National Wildlife Refuge Volunteer Improvement Act of 2010

    Pub. L. 111–357 § 4(a)(1) · 124 Stat. 3979

    Redesignated · 16 U.S.C. § 742f(g)

    Pub. L. 111–357, § 4(a)(1), redesignated subsec. (f) as (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 111–357, § 4(a)(1), redesignated subsec. (f) as (g).

    Enacted provision · exact public law section
    (1) by redesignating subsection (f) (as amended by this Act) as subsection (g); and

19. 2018

    Keep America’s Refuges Operational Act

    Pub. L. 115–168 § 2 · 132 Stat. 1284

    Substituted · 16 U.S.C. § 742f(g)

    Pub. L. 115–168 substituted “2018 through 2022” for “2011 through 2014”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–168 substituted “2018 through 2022” for “2011 through 2014”.

    Enacted provision · exact public law section
    SEC. 2. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE EDUCATION PROGRAMS.   Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is amended in subsection (g), by striking “2011 through 2014” and inserting “2018 through 2022”.

20. 2022

    Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 div. O title IV § 402 · 136 Stat. 4459

    Substituted · 16 U.S.C. § 742f(g)

    Pub. L. 117–328 substituted “2023 through 2027” for “2018 through 2022”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 117–328 substituted “2023 through 2027” for “2018 through 2022”.

    Enacted provision · exact public law section
    Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Reports. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

23 of 25 references resolved to an enrolled provision · 2 partial