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U.S. Code as of:
01/19/04
Section 742l. Enforcement authority for the protection of fish and wildlife resources
(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) of this section, 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) of this section.
(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.
(c) Disposal of abandoned or forfeited property
(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.
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