16 U.S.C. § 742b: United States Fish and Wildlife Service

There is established within the Department of the Interior the position of Assistant Secretary for Fish and Wildlife. Such Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the same rate as other Assistant Secretaries. There is established within the Department of the Interior the United States Fish and Wildlife Service. The functions of the United States Fish and Wildlife Service shall be administered under the supervision of the Director, who shall be subject to the supervision of the Assistant Secretary for Fish and Wildlife. The Director of the United States Fish and Wildlife Service shall be appointed by the President, by and with the advice and consent of the Senate. No individual may be appointed as the Director unless he is, by reason of scientific education and experience, knowledgeable in the principles of fisheries and wildlife management. The United States Fish and Wildlife Service established by subsection (b) shall succeed to and replace the United States Fish and Wildlife Service (as constituted on June 30, 1974 ) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date). All laws and regulations in effect on June 30, 1974 , which relate to matters administered by the Department of the Interior through the United States Fish and Wildlife Service (as constituted on such date) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date) shall remain in effect. All functions and responsibilities placed in the Department of the Interior or any official thereof by this Act shall be included among the functions and responsibilities of the Secretary of the Interior, as the head of the Department, and shall be carried out under his direction pursuant to such procedures or delegations of authority as he may deem advisable and in the public interest. eradicate the Asian giant hornet; and restore bee populations damaged by the Asian giant hornet. A State is eligible to receive financial assistance under this section if the State has demonstrated to the Secretary of the Interior sufficient need to implement measures to eradicate the Asian giant hornet. The Federal share of the costs of activities carried out under the pilot program may not exceed 75 percent of the total costs of such activities. The non-Federal share of the costs of activities carried out under the pilot program may be provided in the form of in-kind contributions of materials or services. Not more than 5 percent of financial assistance provided by the Secretary of the Interior under this section may be used for administrative expenses. There is authorized to be appropriated to the Secretary of the Interior to carry out the pilot program $4,000,000 for each of fiscal years 2021 through 2025. The term ‘Asian giant hornet’ means a Vespa mandarinia . The term ‘State’ means each of the several States, the District of Columbia, and the territories and insular possessions of the United States. The authority under this section shall terminate on the date that is 5 years after the date of enactment of this Act [ Dec. 27, 2020 ].” The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a program to provide financial assistance to States to implement measures, including for management, research, and public education activities, necessary to eradicate the Asian carp. A State is eligible to receive financial assistance under this subsection if such State has demonstrated to the Secretary of the Interior sufficient need to implement measures to eradicate the Asian carp. In providing financial assistance under the program, the Secretary of the Interior shall give priority to States in the Cumberland River Watershed or the Tennessee River Watershed in which Asian carp populations are expanding or have been documented. The Federal share of the costs of activities carried out under the program may not exceed 80 percent of the total costs of such activities. The non-Federal share of the costs of activities carried out under the program may be provided in the form of in-kind contributions of materials or services. Not more than 5 percent of financial assistance provided by the Secretary of the Interior under this subsection may be used for administrative expenses. There is authorized to be appropriated to the Secretary of the Interior to carry out this subsection $4,000,000 for each of fiscal years 2021 through 2025.” The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program to carry out measures necessary to prevent, control, or eradicate invasive species in culturally significant forested watersheds in noncontiguous States and territories of the United States in which the Corps of Engineers is carrying out flood risk management projects. States, any territory or possession of the United States, and units of local government, including federally recognized Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and nonprofit organizations with knowledge of, and experience in, forested watershed management, including nonprofit organizations with a primary purpose of serving and partnering with indigenous communities. There is authorized to be appropriated to carry out the pilot program under subsection (a) $25,000,000 for the period of fiscal years 2022 through 2024.” a State; a territory of the United States; 1 or more units of local or tribal government; a private for-profit entity; a nonprofit organization; or a private individual. The term ‘Secretary’ means the Secretary [of the Interior], acting through the Director of the United States Fish and Wildlife Service. The term ‘wildlife’ has the meaning given the term in section 8 of the Fish and Wildlife Coordination Act ( 16 U.S.C. 666b ). The term ‘Board’ means the Prevention of Wildlife Poaching and Trafficking Technology Advisory Board established by subparagraph (C)(i). The term ‘prize competition’ means the Theodore Roosevelt Genius Prize for the prevention of wildlife poaching and trafficking established under subparagraph (B). to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the prevention of wildlife poaching and trafficking; and to award 1 or more prizes annually for a technological advancement that prevents wildlife poaching and trafficking. There is established an advisory board, to be known as the ‘Prevention of Wildlife Poaching and Trafficking Technology Advisory Board’. wildlife trafficking and trade; wildlife conservation and management; biology; technology development; engineering; economics; business development and management; and any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. select a topic; issue a problem statement; advise the Secretary regarding any opportunity for technological innovation to prevent wildlife poaching and trafficking; and advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the prevention of wildlife poaching and trafficking. 1 or more Federal agencies with jurisdiction over the prevention of wildlife poaching and trafficking; 1 or more State agencies with jurisdiction over the prevention of wildlife poaching and trafficking; 1 or more State, regional, or local wildlife organizations, the mission of which relates to the prevention of wildlife poaching and trafficking; and 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the prevention of wildlife poaching and trafficking. The Board shall comply with all requirements under paragraph (8)(A). The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. The Board and all authority provided under this paragraph shall terminate on December 31, 2023 . The term ‘Board’ means the Promotion of Wildlife Conservation Technology Advisory Board established by subparagraph (C)(i). The term ‘prize competition’ means the Theodore Roosevelt Genius Prize for the promotion of wildlife conservation established under subparagraph (B). to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the promotion of wildlife conservation; and to award 1 or more prizes annually for a technological advancement that promotes wildlife conservation. There is established an advisory board, to be known as the ‘Promotion of Wildlife Conservation Technology Advisory Board’. wildlife conservation and management; biology; technology development; engineering; economics; business development and management; and any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. select a topic; issue a problem statement; advise the Secretary regarding any opportunity for technological innovation to promote wildlife conservation; and advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the promotion of wildlife conservation. 1 or more Federal agencies with jurisdiction over the promotion of wildlife conservation; 1 or more State agencies with jurisdiction over the promotion of wildlife conservation; 1 or more State, regional, or local wildlife organizations, the mission of which relates to the promotion of wildlife conservation; and 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the promotion of wildlife conservation. The Board shall comply with all requirements under paragraph (8)(A). The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. The Board and all authority provided under this paragraph shall terminate on December 31, 2023 . The term ‘Board’ means the Management of Invasive Species Technology Advisory Board established by subparagraph (C)(i). The term ‘prize competition’ means the Theodore Roosevelt Genius Prize for the management of invasive species established under subparagraph (B). to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the management of invasive species; and to award 1 or more prizes annually for a technological advancement that manages invasive species. There is established an advisory board, to be known as the ‘Management of Invasive Species Technology Advisory Board’. invasive species; biology; technology development; engineering; economics; business development and management; and any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. select a topic; issue a problem statement; advise the Secretary regarding any opportunity for technological innovation to manage invasive species; and advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the management of invasive species. 1 or more Federal agencies with jurisdiction over the management of invasive species; 1 or more State agencies with jurisdiction over the management of invasive species; 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of invasive species. The Board shall comply with all requirements under paragraph (8)(A). The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. The Board and all authority provided under this paragraph shall terminate on December 31, 2023 . The term ‘Board’ means the Protection of Endangered Species Technology Advisory Board established by subparagraph (C)(i). The term ‘prize competition’ means the Theodore Roosevelt Genius Prize for the protection of endangered species established under subparagraph (B). to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the protection of endangered species; and to award 1 or more prizes annually for a technological advancement that protects endangered species. There is established an advisory board, to be known as the ‘Protection of Endangered Species Technology Advisory Board’. endangered species; biology; technology development; engineering; economics; business development and management; and any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. select a topic; issue a problem statement; advise the Secretary regarding any opportunity for technological innovation to protect endangered species; and advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the protection of endangered species. 1 or more Federal agencies with jurisdiction over the protection of endangered species; 1 or more State agencies with jurisdiction over the protection of endangered species; 1 or more State, regional, or local wildlife organizations, the mission of which relates to the protection of endangered species; and 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the protection of endangered species. The Board shall comply with all requirements under paragraph (8)(A). The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. The Board and all authority provided under this paragraph shall terminate on December 31, 2023 . The term ‘Board’ means the Nonlethal Management of Human-Wildlife Conflicts Technology Advisory Board established by subparagraph (C)(i). The term ‘prize competition’ means the Theodore Roosevelt Genius Prize for the nonlethal management of human-wildlife conflicts established under subparagraph (B). to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the nonlethal management of human-wildlife conflicts; and to award 1 or more prizes annually for a technological advancement that promotes the nonlethal management of human-wildlife conflicts. There is established an advisory board, to be known as the ‘Nonlethal Management of Human-Wildlife Conflicts Technology Advisory Board’. nonlethal wildlife management; social aspects of human-wildlife conflict management; biology; technology development; engineering; economics; business development and management; and any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. select a topic; issue a problem statement; advise the Secretary regarding any opportunity for technological innovation to promote the nonlethal management of human-wildlife conflicts; and advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the nonlethal management of human-wildlife conflicts. 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities. The Board shall comply with all requirements under paragraph (8)(A). The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. The Board and all authority provided under this paragraph shall terminate on December 31, 2023 . The term ‘Board’ means the Reducing Human-Predator Conflict Technology Advisory Board established by subparagraph (C)(i). The term ‘prize competition’ means the Theodore Roosevelt Genius Prize for reducing human-predator conflict established under subparagraph (B). to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using nonlethal means; and to award 1 or more prizes annually for a technological advancement that promotes reducing human-predator conflict using nonlethal means, which may include the application and monitoring of tagging technologies. There is established an advisory board, to be known as the ‘Reducing Human-Predator Conflict Technology Advisory Board’. predator-human interactions; the habitats of large predators; biology; technology development; engineering; economics; business development and management; and any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. select a topic; issue a problem statement; advise the Secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means; and advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means. 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities. The Board shall comply with all requirements under paragraph (8)(A). The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. The Secretary shall consult with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in the case of a cash prize awarded under the prize competition for a technology that addresses conflict between humans and marine predators under the jurisdiction of the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. The Board and all authority provided under this paragraph shall terminate on December 31, 2023 . A member of the Board shall serve for a term of 5 years. shall not affect the powers of the Board; and shall be filled in the same manner as the original appointment was made. Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. The Board shall meet at the call of the Chairperson. teleconferencing; or any other remote business telecommunications method that allows each participating member to simultaneously hear each other participating member during the meeting. A member of the Board who participates in a meeting remotely under item (aa) shall be considered to be present at the meeting. A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold a meeting. The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. The Board shall, to the maximum extent practicable, minimize the administrative costs of the Board, including by encouraging the remote participation described in clause (iii)(II)(aa) to reduce travel costs. advertise the prize competition; solicit prize competition participants; administer funds relating to the prize competition; to administer the prize competition; and to award a cash prize; the administrative costs of the prize competition; and the costs of a cash prize; in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners; provide advice and consultation to the Secretary on the selection of judges under paragraphs (2)(E), (3)(E), (4)(E), (5)(E), (6)(E), and (7)(E) based on criteria developed in consultation with, and subject to the final approval of, the Secretary; announce 1 or more annual winners of the prize competition; subject to clause (ii), award 1 cash prize annually; and protect against unauthorized use or disclosure by the National Fish and Wildlife Foundation of any trade secret or confidential business information of a prize competition participant. An agreement shall provide that the National Fish and Wildlife Foundation may award more than 1 cash prize annually if the initial cash prize referred to in clause (i)(IX) and any additional cash prize are awarded using only non-Federal funds. may request and accept Federal funds and non-Federal funds for a cash prize; may accept a contribution for a cash prize in exchange for the right to name the prize; and shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this subsection. The amount of the initial cash prize referred to in subparagraph (B)(i)(IX) shall be $100,000. On notification by the National Fish and Wildlife Foundation that non-Federal funds are available for an additional cash prize, the Secretary shall determine the amount of the additional cash prize.”