16 U.S.C. § 760aa–1: Gifts to system and…

Summary

The Secretary of the Interior can accept gifts, bequests, or property for the National Fish Hatchery System. The Secretary can take them with conditions or limits if those conditions follow the law and fit the hatchery’s purpose. Money and proceeds from gifts go into a separate Treasury account and the Secretary can spend them for System programs without needing extra approval. Gifts meant for a specific hatchery must be used only for that hatchery. The federal government can match such gifts up to the gift’s value (or fair market value for property), if money is available and other laws, including the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), allow it.

Title 16, §760aa–1

Conservation, Source: USLM XML via OLRC

(a)Authorization of gifts, devises, and bequests for system

In furtherance of the purposes of this chapter, the Secretary of the Interior may accept any gifts, devises, or bequests of real and personal property, or proceeds therefrom, or interests therein, for the benefit of the National Fish Hatchery System. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude, if such terms are deemed by the Secretary to be in accordance with law and compatible with the purpose for which acceptance is sought.

(b)Use of gifts, devises, and bequests

(1)In general

Any gifts and bequests of money and proceeds from the sales of other property received as gifts or bequests pursuant to this subsection shall be deposited in a separate account in the Treasury and may be expended without further appropriation by the Secretary for the benefit of the System programs administered by the United States Fish and Wildlife Service.

(2)Gifts, devises, and bequests for particular facilities

(A)Disbursal

Any gift, devise, or bequest made for the benefit of a facility of the System shall be disbursed only for the benefit of that facility and without further appropriations.

(B)Matching

Subject to the availability of appropriations and the requirements of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and other applicable law, the Secretary may provide funds to match gifts, devises, and bequests made for the benefit of a facility of the System. With respect to each gift, devise, or bequest, the amount of Federal funds may not exceed the amount (or, in the case of property or in-kind services, the fair market value) of the gift, devise, or bequest.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fish and Wildlife Coordination Act, referred to in subsec. (b)(2)(B), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title,

Short Title

note set out under section 661 of this title, and Tables.

§760aa–1 Gifts to System and Particular National Fish Hatcheries