---
kind: "section"
citation: "16 U.S.C. § 757b"
title: "16"
title_heading: "Conservation"
number: "757b"
heading: "Authority of the Secretary with regards to Anadromous and Great Lakes fisheries; development and management"
release: "119-102"
url: "https://uscodex.org/usc/16/757b"
units:
  - "Chapter 9A — Preservation of Fishery Resources"
---

# §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.


## Footnotes

[^1]: So in original. Probably should be “Secretary”.

## Source credit

(Pub. L. 89–304, § 2, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 93–362, § 1, July 30, 1974, 88 Stat. 398; Pub. L. 95–464, Oct. 17, 1978, 92 Stat. 1278; Pub. L. 96–118, § 2, Nov. 16, 1979, 93 Stat. 859.)

## Notes

### 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.