031 FW 3, Special Delegations

3.1 (Reserved)

3.2 Migratory Bird Conservation Commission. In accordance with the authority delegated in 209 DM 6.4, the Director, U.S. Fish and Wildlife Service may exercise authority for payment of the expenses of the Migratory Bird Conservation Commission and its members, as provided by 16 U.S.C. 715q. Such authority may be redelegated only to the Assistant Director - Administration.

3.3 Fishway Prescriptions. In accordance with the authority delegated in 209 DM 6.7, the Director, U.S. Fish and Wildlife Service, is authorized to exercise the authority of the Assistant Secretary for Fish and Wildlife and Parks with regard to the prescription of fishways pursuant to Section 18 of the Federal Power Act (16 U.S.C. 791a et seq.). This authority may be redelegated by the Director.

3.4 Natural Resources Damage Assessment - Fox River and Green Bay. The Director, U.S. Fish and Wildlife Service, is delegated the Secretary's authority under the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. Section 9607(f)(2)(A); Section 1(c) of Executive Order 12580, as amended by Executive Order 12777; and the National Contingency Plan, 40 CFR 300.600, to serve as the authorized official, as that term is defined in 43 CFR 11.14(d), for the Department of the Interior for all natural resources regarding the Fox River and Green Bay Natural Resources Damage Assessment.

A. Redelegation. Except where redelegation is prohibited by statute, Executive Order, or limitations established by other competent authority, the authorities above may be redelegated to a Regional Director.

B. Limitations. This authority may be exercised only after full coordination with and concurrence by the affected Departmental bureaus, the Office of Environmental Policy and Compliance, and the Office of the Solicitor. Disputes that cannot be resolved at the bureau level may be referred for resolution to the appropriate levels of authority within the Office of the Secretary.