(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.
References in Text
This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, as amended, 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".
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.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in the Interior Department and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or the Interior Department which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.
Prize Competitions
Pub. L. 116–9, title VII, §7001(d), Mar. 12, 2019, 133 Stat. 788, as amended by Pub. L. 116–188, title I, §101(a), Oct. 30, 2020, 134 Stat. 906, provided that:
"(1)
"(A)
"(i) a State;
"(ii) a territory of the United States;
"(iii) 1 or more units of local or tribal government;
"(iv) a private for-profit entity;
"(v) a nonprofit organization; or
"(vi) a private individual.
"(B)
"(C)
"(2)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the prevention of wildlife poaching and trafficking; and
"(ii) to award 1 or more prizes annually for a technological advancement that prevents wildlife poaching and trafficking.
"(C)
"(i)
"(ii)
"(I) wildlife trafficking and trade;
"(II) wildlife conservation and management;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to prevent wildlife poaching and trafficking; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the prevention of wildlife poaching and trafficking.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the prevention of wildlife poaching and trafficking;
"(II) 1 or more State agencies with jurisdiction over the prevention of wildlife poaching and trafficking;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the prevention of wildlife poaching and trafficking; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the prevention of wildlife poaching and trafficking.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(3)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the promotion of wildlife conservation; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes wildlife conservation.
"(C)
"(i)
"(ii)
"(I) wildlife conservation and management;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to promote wildlife conservation; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the promotion of wildlife conservation.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the promotion of wildlife conservation;
"(II) 1 or more State agencies with jurisdiction over the promotion of wildlife conservation;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the promotion of wildlife conservation; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the promotion of wildlife conservation.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(4)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the management of invasive species; and
"(ii) to award 1 or more prizes annually for a technological advancement that manages invasive species.
"(C)
"(i)
"(ii)
"(I) invasive species;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to manage invasive species; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the management of invasive species.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the management of invasive species;
"(II) 1 or more State agencies with jurisdiction over the management of invasive species;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of invasive species.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(5)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the protection of endangered species; and
"(ii) to award 1 or more prizes annually for a technological advancement that protects endangered species.
"(C)
"(i)
"(ii)
"(I) endangered species;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to protect endangered species; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the protection of endangered species.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the protection of endangered species;
"(II) 1 or more State agencies with jurisdiction over the protection of endangered species;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the protection of endangered species; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the protection of endangered species.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(6)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the nonlethal management of human-wildlife conflicts; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes the nonlethal management of human-wildlife conflicts.
"(C)
"(i)
"(ii)
"(I) nonlethal wildlife management;
"(II) social aspects of human-wildlife conflict management;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to promote the nonlethal management of human-wildlife conflicts; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the nonlethal management of human-wildlife conflicts.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(7)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using nonlethal means; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes reducing human-predator conflict using nonlethal means, which may include the application and monitoring of tagging technologies.
"(C)
"(i)
"(ii)
"(I) predator-human interactions;
"(II) the habitats of large predators;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities.
"(v)
"(D) Agreement with national fish and wildlife foundation.—
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(G)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(H)
"(8)
"(A)
"(i)
"(I)
"(II)
"(aa) shall not affect the powers of the Board; and
"(bb) shall be filled in the same manner as the original appointment was made.
"(ii)
"(iii)
"(I)
"(II)
"(aa)
"(AA) teleconferencing; or
"(BB) any other remote business telecommunications method that allows each participating member to simultaneously hear each other participating member during the meeting.
"(bb)
"(iv)
"(v)
"(vi)
"(B)
"(i)
"(I) advertise the prize competition;
"(II) solicit prize competition participants;
"(III) administer funds relating to the prize competition;
"(IV) receive Federal funds—
"(aa) to administer the prize competition; and
"(bb) to award a cash prize;
"(V) carry out activities to generate contributions of non-Federal funds to offset, in whole or in part—
"(aa) the administrative costs of the prize competition; and
"(bb) the costs of a cash prize;
"(VI) in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners;
"(VII) provide advice and consultation to the Secretary on the selection of judges under paragraphs (2)(E), (3)(E), (4)(E), (5)(E), (6)(E), and (7)(E) based on criteria developed in consultation with, and subject to the final approval of, the Secretary;
"(VIII) announce 1 or more annual winners of the prize competition;
"(IX) subject to clause (ii), award 1 cash prize annually; and
"(X) protect against unauthorized use or disclosure by the National Fish and Wildlife Foundation of any trade secret or confidential business information of a prize competition participant.
"(ii)
"(iii)
"(I) may request and accept Federal funds and non-Federal funds for a cash prize;
"(II) may accept a contribution for a cash prize in exchange for the right to name the prize; and
"(III) shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this subsection.
"(C)
"(i)
"(ii)
Fees for Training by National Conservation Training Center
Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009-185, as amended by Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1547, provided in part: "That hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall charge reasonable fees for the full costs of providing training by the National Conservation Training Center, to be credited to this account, notwithstanding 31 U.S.C. 3302, for the full costs of providing such training, to remain available until expended."
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