§757b — Title 16 Conservation | U.S. Code

Summary

The Secretary can do studies and take actions to protect and improve anadromous fish (fish that move from the ocean into streams to spawn) and fish in the Great Lakes and Lake Champlain. The Secretary may carry out investigations and research, clear streams, and build or operate structures and devices to help feeding, spawning, migration, and to control sea lamprey. The Secretary can also build and run fish hatcheries, study and make recommendations about developing or managing streams and waters, and send those reports to the States, Congress, and federal water agencies. Sections 757a to 757f do not allow general water projects, but water projects needed only to conserve or enhance these fish may be planned and built by the Bureau of Reclamation (in its area), the Army Corps of Engineers, the Department of Agriculture, or the States, using funds the Secretary provides and following the cost-sharing and funding rules in sections 757a to 757f. The Secretary may acquire land or land rights by purchase, lease, donation, or exchange (with values made roughly equal, with cash used if needed). The Secretary may accept donated funds to buy or manage land and must manage any lands for the purposes set out in sections 757a to 757f. Title to lands acquired under those sections must be held by the cooperating States or other non-Federal parties.

Title 16, §757b

Conservation — Source: USLM XML via OLRC

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 11 So in original. Probably should be “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 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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.

§757b Authority of the Secretary with Regards to Anadromous and Great Lakes Fisheries; Development and Management

Summary

Title 16, §757b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata