Title 16 — Conservation
Chapter 9A — Preservation of Fishery Resources
§ 757b. Authority of the Secretary with regards to Anadromous and Great Lakes fisheries; development and management
Statutory text
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.
Footnotes
- 1 So in original. Probably should be “Secretary”.
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.
Pub. L. 89–304 § 2 · 79 Stat. 1125
Enacted · 16 U.S.C. § 757b
Pub. L. 89–304, § 2, Oct. 30, 1965, 79 Stat. 1125
Source evidence
Code source credit
Pub. L. 89–304, § 2, Oct. 30, 1965, 79 Stat. 1125Enacted provision · exact public law section
Sec. 2. The Secretary, in accordance with any agreements entered Investigations, surveys, studies, etc. into pursuant to section 1(a) of this Act. 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: (4) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act: (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 that ascend streams to spawn: Provided, That the reports on such studies and the recommendations of the Reports to States, Congress and others. Secretary shall be transmitted to the States, the Congress, and the Federal water resources construction agencies for their information: Provided further, That this Act shall not be construed as authorizing the formulation or construction of water resources projects, except that water resources projects which are determined by the Secretary 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 this Act and subject to the cost-sharing and appropriations provisions of this Act; (6) to acquire lands or interests therein by purchase, lease, donation, or exchange for acquired lands or public lands under its 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 this Act. Title to lands or interests therein acquired pursuant, to this Act shall he in the United States.Pub. L. 93–362 § 1 · 88 Stat. 398
Inserted · 16 U.S.C. § 757b
Pub. L. 93–362 inserted reference to the control of the sea lamprey
Source evidence
Code amendment note
Cl. (3). Pub. L. 93–362 inserted reference to the control of the sea lamprey.Pub. L. 95–464 · 92 Stat. 1278
Inserted · 16 U.S.C. § 757b
Pub. L. 95–464 inserted “and Lake Champlain” after “Great Lakes”
Source evidence
Code amendment note
Cl. (5). Pub. L. 95–464 inserted “and Lake Champlain” after “Great Lakes”.Pub. L. 96–118 § 2 · 93 Stat. 859
Substituted · 16 U.S.C. § 757b
Pub. L. 96–118 substituted “cooperating States or other non-Federal interests” for “United States”
Source evidence
Code amendment note
Pub. L. 96–118 substituted “cooperating States or other non-Federal interests” for “United States”.Enacted provision · exact public law section
Sec. 2. Section 2 of the Anadromous Fish Conservation Act (16 U.S.C. 757b) is amended by striking out “United States” in the last sentence and inserting in lieu thereof “cooperating States or other non-Federal interests”.
2 of 4 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1974–1979 · 3 rounds
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.
Credits
1965–1979 · 4 acts
- 1965Pub. L. 89–304, § 2, , 79 Stat. 1125
- 1974Pub. L. 93–362, § 1, , 88 Stat. 398
- 1978Pub. L. 95–464, , 92 Stat. 1278
- 1979Pub. L. 96–118, § 2, , 93 Stat. 859.
Show as published
(Pub. L. 89–304, § 2, , 79 Stat. 1125; Pub. L. 93–362, § 1, , 88 Stat. 398; Pub. L. 95–464, , 92 Stat. 1278; Pub. L. 96–118, § 2, , 93 Stat. 859.)