16 U.S.C. § 742l — Enforcement authority for the protection of fish and wildlife resources

submitted 48 years ago by Pub. L. 95-616 to r/title-16-CONSERVATION · 1,043 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Interior and Commerce Secretaries may train and assist fish-and-wildlife law enforcement, use other agencies’ resources, dispose of abandoned or forfeited items subject to a sales ban, and fund undercover operations.

(a) Training. (1) To improve enforcement and develop methods to prevent, detect, and reduce violations and apprehend violators, each Secretary may: (A) establish national training programs for State officers at a State’s request; (B) develop better approaches, techniques, systems, equipment, and services; and (C) help State officials conduct local or regional training. Training should use established programs as much as practicable. (2) Congress may appropriate funds beginning in fiscal year 1980, and either Secretary may require States to reimburse spending under (b)(1)(A) and (C). (b) Cooperative enforcement. Despite other law, either Secretary may, by agreement and with or without reimbursement, use another Federal or State agency’s personnel, services, and facilities as needed to enforce Federal or State laws on lands, waters, or interests under the Secretary’s fish-and-wildlife jurisdiction, and laws the Secretary administers. A designated person who is not another agency’s employee: (1) is not a Federal employee and is not subject to federal-employment laws on hours, competitive exams, pay, or benefits, but may qualify for work-injury compensation under title 5, chapter 81, subchapter III; (2) is an investigative or law-enforcement officer for title 28 tort claims; (3) may search, seize, arrest, and exercise other fish-and-wildlife law powers to the extent the Secretary specifies; and (4) is an Interior or Commerce officer or employee for 18 U.S.C. §§ 111 and 1114. (c) Abandoned or forfeited property. (1) Subject to paragraph (2), either Secretary may dispose of fish, wildlife, plants, or other items abandoned or forfeited to the United States under fish, wildlife, or plant laws, including by loan, gift, sale, or destruction. (2) Neither Secretary may sell a species or derivative whose sale another Federal law prohibits. (3) Each Secretary may spend disposal revenue and the sums mentioned in the first sentences of 16 U.S.C. §§ 1540(d) and 3375(d) to make payments required there and to pay: (A) shipping; (B) storage, inventory, and security; (C) appraisal; (D) sale or other lawful disposal, including auction commissions; (E) valid liens or other encumbrances and title-clearing measures; and, for Interior, (F) processing and shipping eagles, other migratory birds, and their parts for Native American religious purposes. (d) Disclaimer. This section does not invalidate an enforcement agreement or delegation made by either Secretary before November 8, 1978. (e) to (j) Omitted. (k) Enforcement operations. For an undercover or other operation needed to detect and prosecute violations administered by the Fish and Wildlife Service or National Marine Fisheries Service concerning fish, wildlife, or plants, either Secretary may: (1) direct advances of money deposited in commercial banks or other financial institutions; (2) use appropriations to pay for information, rewards, or evidence without referring to other legal rewards, with later recoveries reimbursing the current appropriation; and (3) use appropriations to create or buy proprietary corporations or businesses, operate them commercially, lease space, make needed expenditures, and use proceeds to offset reasonable operating costs. At the operation’s end, proceeds must be deposited in the Treasury as miscellaneous receipts.

the actual law source: uscode.house.gov ↗public domain

(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), 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).

(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.

(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.

Source credit: (Pub. L. 95–616, § 3 (less (e)–(j)), Nov. 8, 1978, 92 Stat. 3110; Pub. L. 97–396, § 7, Dec. 31, 1982, 96 Stat. 2006; Pub. L. 105–328, § 3, Oct. 30, 1998, 112 Stat. 3058.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-616 · 92 Stat. 3110
1982Amended · Pub. L. 97-396 · 96 Stat. 2006
1998Amended · Pub. L. 105-328 · 112 Stat. 3058

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-616 on 1978-11-08.

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