Fish and Wildlife Improvement Act of 1978

(Measure passed Senate, amended)

Fish and Wildlife Improvement Act - =Title I:= Specifies that only Department of the Interior scientific personnel may be assigned by the Secretary of the Interior to participate in cooperative research and training programs for fish and wildlife resources with universities and other nonprofit organizations. Permits the Secretary to give assistance, involving financial compensation, for research work on fish and wildlife ecology and resource management projects.

Authorizes the Secretary of the Interior and the Secretary of Commerce to establish national training programs for State fish and wildlife law enforcement personnel. Authorizes the appropriation of funds necessary for conducting these programs.

Authorizes the Secretaries to utilize by agreement the personnel, services, and facilities of other Federal or State agencies to aid in the enforcement of laws relating to fish and wildlife. Sets forth the employment status and authorities of persons so utilized who are not Federal employees.

Gives the Secretaries authority to dispose of abandoned or forfeited property.

Specifies that no law enforcement agreement or delegation made by the Secretaries prior to enactment of this Act shall be rendered invalid by this Act.

Amends specified laws relating to fish and wildlife protection to: (1) make officers and employees of the United States Fish and Wildlife Service, designated by the Secretary of the Interior, responsible for enforcing such law; and (2) require forfeiture to the United States of certain seized items, and disposal of such items through the Secretary of the Interior.

Sets forth criminal penalties for the murder of Department of Commerce personnel assigned to perform investigative, inspection, or law enforcement functions.

Amends the Fish and Wildlife Act of 1956 to: (1) permit the Secretary of the Interior to accept certain gifts for the benefit of the United States Fish and Wildlife Service; and (2) authorize the Secretary of the Interior and the Secretary of Commerce to recruit and train volunteers for service in specified programs. Sets forth the status of such volunteers with respect to Federal employment requirements and benefits. Authorizes appropriations to carry out this program.

Amends the Migratory Bird Conservation Act to broaden the power of the Secretary of the Interior to acquire certain lands. Extends administrative protection to migratory birds covered by the Convention between the United States and Japan for the Protection of Migratory Birds and Birds in Danger of Extinction, and their Environment concluded March 4, 1972, and the Convention between the United States and the Union of Soviet Socialist Republic for the Conservation of Migratory Birds and their Environment concluded November 19, 1976.

Amends the National Wildlife Refuge System Administration Act of 1966 to permit the Secretary of the Interior to increase the size of the areas in which migratory birds may be taken if such taking would be beneficial to such species.

Empowers the Secretary of the Interior to lease certain lands in the Crab Orchard National Wildlife Refuge which have been determined to be chiefly valuable for industrial purposes and specifies the fund into which monies received from such leases shall be deposited.

Amends the Bald Eagle Protection Act to authorize the Secretary to permit the taking of golden eagle nests which interfere with resource development or recovery operations.

Makes the cost of water furnished by the Central Valley, California, project to public organizations nonreimbursable or nonreturnable under Federal reclamation laws, unless the public organizations (except the State of California): (1) deliver a specified quantity of water annually to the United States Fish and Wildlife Service; and (2) construct water conveyance facilities necessary for such delivery. Requires a contract between the Service and a public organization, pursuant to this Act, to direct reversion of the right to facilities use and water rights should the public organization fail to carry out its contractual obligations. Restricts contracts for the use of certain lands to wildlife and water fowl habitat conservation or purposes agreed upon by the Service and the public organization.

=Title II: Interoceanic Canal Study= - Interoceanic Canal Study Act - Declares that the purposes of this Act are: (1) to complete studies necessary to make current the Atlantic-Pacific Interoceanic Canal Study Commission report; (2) to determine the feasibility of a new interoceanic canal; and (3) to provide for study and comparisons of the trade demands and economic alternatives for the transit of vessels or movement of cargoes between the Atlantic and Pacific Oceans.

=Part A: Interoceanic Canal Study Council= - Establishes an Interoceanic Canal Study Council to review and assess routes for the construction and operation of such a canal across the Americas. Requires the Council to submit to the President and the Congress a document setting forth the results of such review.

Terminates the Council, after submission of its report, on either: (1) the day on which the Secretary of State notifies Congress that the host country in which the most advantageous canal route is located has accepted participation in the International Sea-Level Canal Study Commission; or (2) the last day of the six-month period following such submission.

Provides that Part B of this title shall only take effect after the President submits the necessary report to Congress.

=Part B: International Sea-Level Canal Study Commission= - Establishes the International Sea-Level Canal Study Commission to conduct studies as may be necessary related to the canal, including onsite surveys and the preparation, if required, of an environmental report.

Requires the Commission to submit, within three years after the initial appointment of all members of the Commission, a report to the Congress and the President on its findings and recommendations. Requires the Commission to include in such report an environmental statement with respect to the construction of such a canal if the President notified the Congress that such a canal would be advantageous to the United States. Requires the Council on Environmental Quality to afford interested persons an opportunity to present data and views respecting such environmental impact statement. Provides for the termination of the Commission.

=Part C: Powers of Council and Commission and Administrative Provisions= - Grants the Council and Commission certain powers necessary to carry out their duties under this Act. Directs the Council and Commission to each appoint a Director and other personnel deemed necessary, including the procurement of experts and consultants.

Provides that a Federal employee appointed to the Council or Commission shall retain their civil service status.

=Part D: Authorization of Appropriations and Effective Dates= - Authorizes the appropriation for fiscal year 1979 of not to exceed $2,500,000 for the Council.

Authorizes the appropriation, without fiscal year limitation, necessary sums not to exceed $5,500,000.

Sets forth the effective dates of Parts A and C of this title.