---
kind: "range"
citation: "16 U.S.C. §§ 757a–757f"
title: "16"
from: "757a"
to: "757f"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/16/757a..757f"
---

# §757a. Anadromous, Great Lakes, and Lake Champlain fisheries

- (a) **Conservation, development, and enhancement; cooperative agreements; costs—** For the purpose of conserving, developing, and enhancing within the several [States](/usc/16/544.md?p=r) the anadromous [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8) of the Nation that are subject to depletion from water [resources](/usc/16/410hhh–1.md?p=8) developments and other causes, or with respect to which the United States has made [conservation](/usc/16/6456.md?p=2) commitments by international agreements, and for the purpose of conserving, developing, and enhancing the fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to enter into cooperative agreements with one or more [States](/usc/16/544.md?p=r), acting jointly or severally, that are concerned with the development, [conservation](/usc/16/6456.md?p=2), and enhancement of such fish, and, whenever he deems it appropriate, with other non-Federal interests. Such agreements shall describe (1) the actions to be taken by the [Secretary](/usc/16/410r–5.md?p=c-1) and the cooperating parties, (2) the benefits that are expected to be derived by the [States](/usc/16/544.md?p=r) and other non-Federal interests, (3) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal Government and by the [States](/usc/16/544.md?p=r) and other non-Federal interests: Provided, That, except as provided in [subsection (c)](#c) of this section, the Federal share, including the operation and maintenance costs of any facilities constructed by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [sections 757a to 757f](/usc/16/757a..757f.md) of this title, which he annually determines to be a proper Federal cost, shall not exceed 50 per centum of such costs exclusive of the value of any Federal land involved: Provided further, That the non-Federal share may be in the form of real or personal property, the value of which will be determined by the [Secretary](/usc/16/410r–5.md?p=c-1), as well as money, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or personal property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable.
- (b) **Operation, management, and administration of property; research—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) may also enter into agreements with the [States](/usc/16/544.md?p=r) for the operation of any facilities and management and administration of any lands or interests therein acquired or facilities constructed pursuant to [sections 757a to 757f](/usc/16/757a..757f.md) of this title.
  - (2) In carrying out responsibilities under this section, the [Secretary](/usc/16/410r–5.md?p=c-1) shall conduct, promote, and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the [conservation](/usc/16/6456.md?p=2) and management of anadromous and Great Lakes [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8).
- (c) **Increase of Federal share—**
  - (1) Whenever two or more [States](/usc/16/544.md?p=r) having a common interest in any basin jointly enter into a cooperative agreement with the [Secretary](/usc/16/410r–5.md?p=c-1) under [subsection (a)](#a) of this section to carry out a research and development [program](/usc/16/460ss–6.md?p=1) to conserve, develop, and enhance anadromous [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8) of the Nation, or fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the Federal share of the [program](/usc/16/460ss–6.md?p=1) costs shall be increased to a maximum of 66⅔ per centum. For the purpose of this subsection, the term “basin” includes rivers and their tributaries, lakes, and other bodies of water or portions thereof.
  - (2) In the case of any [State](/usc/16/6456.md?p=2) that has implemented an interstate [fisheries](/usc/16/1383a.md?p=o-1) [management plan](/usc/16/460mmm–1.md?p=3) for anadromous [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8), prepared by an interstate commission, the Federal share of any grant made under this section to carry out activities required by such plan shall be up to 90 percent. For purposes of this paragraph, the term “interstate commission” means—
    - (A) the [commission](/usc/16/410cc–1.md?p=3) established by the Atlantic [States](/usc/16/544.md?p=r) Marine [Fisheries](/usc/16/1383a.md?p=o-1) Compact (as consented to and approved by Public Law 80–77[^1]), approved May 4, 1942 (56 Stat. 267);
    - (B) the [commission](/usc/16/410cc–1.md?p=3) established by the Pacific Marine [Fisheries](/usc/16/1383a.md?p=o-1) Compact (as consented to and approved by Public Law 80–232[^1]), approved July 24, 1947 (16 Stat. 419); and
    - (C) the [commission](/usc/16/410cc–1.md?p=3) established by the Gulf [States](/usc/16/544.md?p=r) Marine [Fisheries](/usc/16/1383a.md?p=o-1) Compact (as consented to and approved by Public Law 81–66), approved May 19, 1949 (63 Stat. 70).

# §757b. Authority of the Secretary with regards to Anadromous and Great Lakes fisheries; development and management


The [Secretary](/usc/16/410r–5.md?p=c-1), in accordance with any agreements entered into pursuant to [section 757a(a) of this title](/usc/16/757a.md?p=a), is authorized (1) to conduct such investigations, engineering and biological surveys, and research as may be desirable to carry out the [program](/usc/16/460ss–6.md?p=1); (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](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8), 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](/usc/16/757a..757f.md) of this title; (5) to conduct such studies and make such recommendations as the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be appropriate regarding the development and management of any stream or other body of water for the [conservation](/usc/16/6456.md?p=2) and enhancement of anad­romous [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8) 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](/usc/16/410r–5.md?p=c-1) shall be transmitted to the [States](/usc/16/544.md?p=r), the Congress, and the Federal water [resources](/usc/16/410hhh–1.md?p=8) construction agencies for their information: Provided further, That [sections 757a to 757f](/usc/16/757a..757f.md) of this title shall not be construed as authorizing the formulation or construction of water [resources](/usc/16/410hhh–1.md?p=8) [projects](/usc/16/410r–5.md?p=c-4), except that water [resources](/usc/16/410hhh–1.md?p=8) [projects](/usc/16/410r–5.md?p=c-4) which are determined by the Seretary[^1] to be needed solely for the [conservation](/usc/16/6456.md?p=2), protection, and enhancement of such fish may be planned and constructed by the Bureau of Reclamation in its currently authorized geographic [area](/usc/16/539m–1.md?p=1-A) of responsibility or by the [Corps](/usc/16/1722.md?p=2) of Engineers, or by the Department of Agriculture, or by the [States](/usc/16/544.md?p=r), with [funds](/usc/16/1421h.md?p=2) made available by the [Secretary](/usc/16/410r–5.md?p=c-1) under [sections 757a to 757f](/usc/16/757a..757f.md) of this title and subject to the cost-sharing and appropriations provisions of [sections 757a to 757f](/usc/16/757a..757f.md) of this title; (6) to [acquire](/usc/16/620e.md?p=1) lands or interests therein by purchase, lease, donation, or exchange for acquired lands or [public lands](/usc/16/620e.md?p=7) 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](/usc/16/410r–5.md?p=c-1): Provided further, That the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/1421h.md?p=2) and to use such [funds](/usc/16/1421h.md?p=2) to [acquire](/usc/16/620e.md?p=1) or manage lands or interests therein; and (8) to administer such lands or interests therein for the purposes of [sections 757a to 757f](/usc/16/757a..757f.md) of this title. Title to lands or interests therein acquired pursuant to [sections 757a to 757f](/usc/16/757a..757f.md) of this title shall be in the cooperating [States](/usc/16/544.md?p=r) or other non-Federal interests.


# §757c. Approval for activities on land administered by other Federal departments or agencies


Activities authorized by [sections 757a to 757f](/usc/16/757a..757f.md) of this title to be performed on lands administered by other Federal departments or agencies shall be carried out only with the prior approval of such departments or agencies.


# §757d. Authorization of appropriations


There are authorized to be appropriated to carry out the purposes of [sections 757a to 757f](/usc/16/757a..757f.md) of this title not to exceed $4,500,000 for each of fiscal years 2007 through 2012.


# §757e. Application to Columbia River basin


[Sections 757a to 757f](/usc/16/757a..757f.md) of this title shall not be construed to affect, modify, or apply to the same [area](/usc/16/539m–1.md?p=1-A) as the provisions of [sections 755 to 757](/usc/16/755..757.md) of this title. The [State](/usc/16/6456.md?p=2) of Idaho shall be eligible on an equal standing with other [States](/usc/16/544.md?p=r) for Federal funding for purposes authorized by [sections 757a to 757f](/usc/16/757a..757f.md) of this title.


# §757f. Studies on pollution; recommendations to Secretary of Health and Human Services


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall, on the basis of studies carried out pursuant to [sections 757a to 757f](/usc/16/757a..757f.md) of this title and [section 665 of this title](/usc/16/665.md), make recommendations to the [Secretary](/usc/16/410r–5.md?p=c-1) of Health and Human Services concerning the elimination or reduction of polluting substances detrimental to fish and wildlife in interstate or navigable waters or the tributaries thereof. Such recommendations and any enforcement measures initiated pursuant thereto by the [Secretary](/usc/16/410r–5.md?p=c-1) of Health and Human Services shall be designed to enhance the quality of such waters, and shall take into consideration all other legitimate [uses](/usc/16/410hhh–1.md?p=10) of such waters.