Page:United States Statutes at Large Volume 92 Part 3.djvu/479

 PUBLIC LAW 95-616—NOV. 8, 1978

92 STAT. 3 1 1 1

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, United States Code; 5 USC 8191. (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, United States Code; (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, United States Code. (c)

DISPOSAL o r

ABANDONED OR FORFEITED PROPERTY.—Notwith-

standing 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). (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 p r i o r to the date of enactment of this Act. (e) REFUGE RECREATION ACT.—Section 4 of the Act of September 28,

1962 (76 Stat. 654, 16 U.S.C. 460k-3), is amended by a d d i n g at the end thereof the following new sentence: " The provisions of this Act and any such regulation shall be enforced by any officer or employee of the United States F i s h and Wildlife Service designated by the Secretary of the Interior.". (f)

NATIONAL W I L D L I F E R E F U G E SYSTEM ADMINISTRATION ACT. —

The final sentence of section (4)(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd (f)) is amended to read as follows: " Any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or egg thereof seized with or without a search w a r r a n t shall be held by such person or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the Secretary, in accordance with law.". (g)

BEAR RIVER MIGRATORY BIRD REFUGE.—Section 6(b)

of

the

Act of April 23, 1928 (45 Stat. 449; 16 U.S.C. 690e) is amended by striking at the end thereof the term "and disposed of as directed by the court h a v i n g jurisdiction." and inserting in lieu thereof the term " and disposed of as directed by the Secretary of the Interior, in accordance with law.". (h) MIGRATORY BIRD TREATY ACT. — (1) The final sentence of section

5 of the Migratory B i r d T r e a t y Act (16 U.S.C. 706) is amended

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