445 FW 5, Special Funds

5.1 Purpose. This chapter defines special funds and provides the legal basis for their acquisition and use.

5.2 Definition. The term special funds refers to funds which are authorized by law to be expended for the purchase of evidence, purchase of information, conduct of undercover businesses and payment of rewards.

5.3 Authority. Special funds are authorized by the Fish and Wildlife Improvement Act of 1978 [16 U.S.C. 742l(k)]. This Act was amended in 1982 to provide the Service with permanent authority to establish and expend special funds. Under this legislation, expenditure of special funds is limited to:

A. Purchase of information or evidence.

B. Operation of covert businesses.

C. Payment of rewards.

5.4 Use of Special Funds. Guidelines for the use of special funds are delineated in the Division of Law Enforcement's Handbook. (The Freedom of Information Act [Section 552(b)(7)(E) of Title 5, United States Code] and Departmental Regulations [Section 2.13(c)(7)(V) of Title 43, Code of Federal Regulations] restrict the access of individuals to the procedures for use and administration of special funds. In part, the Freedom of Information Act permits the withholding of "records or information compiled for law enforcement purposes...[which] would disclose techniques and procedures for law enforcement investigations and prosecutions.")