1.2 Authorities. All authorities of the Service are derived from
laws passed by Congress, and all laws are subject to the Constitution as
interpreted by the courts. Under the Tenth Amendment to the Constitution,
all powers not expressly delegated to the Federal Government are reserved
to the States and to the citizens themselves. However, the courts have
interpreted the Constitution to confer broad powers to the Federal Government
with respect to matters affecting inter-State commerce or involving international
treaties. The underlying Constitutional basis as well as the evolution
of the authorities of the Service are presented in Chapter
A. Executive Branch. The President administers Federal laws and promulgates regulations to implement them.
(1) Each employee is accountable to his or her supervisor for the administration of laws delegated to his or her office. Supervisors are ultimately accountable to a member of the Directorate.
(2) The Directorate is accountable to the Director.
(3) The Director is accountable to the Assistant Secretary for Fish and Wildlife and Parks, who is accountable to the Secretary of the Interior, and the Secretary is in turn accountable to the President.
(4) Under the Constitution, in addition to directing the administration of Federal laws, the President is empowered to sign into law or to veto bills passed by Congress. He may also submit to Congress proposals for new legislation, and subject to ratification by Congress, may enter into treaties with other nations.
B. Legislative Branch. Congress passes legislation and, by a two-thirds vote of both the House of Representatives and the Senate, may enact legislation into law over the veto of the President. Congress also ratifies treaties.
C. Judicial Branch. The courts interpret the Constitution and laws enacted under it.
1.4 Handbook. The "Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service" summarizes all laws and treaties of significant general interest to the Service, and is authorized as a handbook in the Service Manual. It will be updated and maintained by the Office of Legislative Services, and is available on the Service's computer network. Subject to the availability of funding, copies will be periodically published and distributed within the Service.