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16 U.S.C. § 757b — Authority of the Secretary with regards to Anadromous and Great Lakes fisheries; development and management

submitted 61 years ago by Pub. L. 89-304 to r/title-16-CONSERVATION · 452 words · no verdicts yet

in plain englishAI-generated · not legal advice

Under agreements made under section 757a(a), the Secretary may research, clear streams, build fish facilities, operate hatcheries, acquire and manage land, and accept donated funds. Water projects are generally excluded, with a limited exception for projects needed solely for fish conservation, protection, and improvement.

Under agreements made under section 757a(a), the Secretary may—(1) conduct investigations, engineering and biological surveys, and research that may help carry out the program; (2) clear streams; (3) build, install, maintain, and operate devices and structures that improve feeding and spawning conditions, protect fishery resources, help fish migrate freely, and control sea lamprey; (4) build, operate, and maintain fish hatcheries wherever needed for sections 757a–757f; (5) study and recommend how streams and other bodies of water should be developed and managed to conserve and improve the covered fish. The Secretary must send reports and recommendations from these studies to the States, Congress, and Federal water-resource construction agencies for information.

Sections 757a–757f do not authorize creating or building water-resource projects. However, a project that the Secretary finds is needed solely to conserve, protect, and improve these fish may be planned and built by the Bureau of Reclamation in its currently authorized geographic area, the Corps of Engineers, the Department of Agriculture, or the States, using funds the Secretary provides under sections 757a–757f and following those sections’ cost-sharing and appropriations rules.

(6) The Secretary may acquire land or interests in land by purchase, lease, donation, or exchange for acquired land or public land under the Secretary’s control that the Secretary finds suitable for disposal. Exchanged land or interests must have approximately equal values, as the Secretary determines. The Secretary may accept or pay cash to equalize the values. (7) The Secretary may accept donated funds and use them to acquire or manage land or interests in land. (8) The Secretary may administer such land or interests for sections 757a–757f. Title to land or interests acquired under those sections must be held by the cooperating States or other non-Federal interests.

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

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.

Source credit: (Pub. L. 89–304, § 2, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 93–362, § 1, July 30, 1974, 88 Stat. 398; Pub. L. 95–464, Oct. 17, 1978, 92 Stat. 1278; Pub. L. 96–118, § 2, Nov. 16, 1979, 93 Stat. 859.)

history & why it existsrecord from the source credit
  • 1965Enacted · Pub. L. 89-304 · 79 Stat. 1125
  • 1974Amended · Pub. L. 93-362 · 88 Stat. 398
  • 1978Amended · Pub. L. 95-464 · 92 Stat. 1278
  • 1979Amended · Pub. L. 96-118 · 93 Stat. 859

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-304 on 1965-10-30.

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