16 U.S.C. § 590h (2024) — Title 16: CONSERVATION / Chapter 3B: SOIL CONSERVATION / Section 590h: Payments and grants of aid
Payments and grants of aid
Status: in_force

(a) Repealed. Pub. L. 87–703, title I, §101(2), Sept. 27, 1962, 76 Stat. 605

(b) Conservation and environmental assistance

(1) Environmental quality incentives program

The Secretary shall provide technical assistance, cost-share payments, and incentive payments to operators through the environmental quality incentives program in accordance with subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.].

(2) to (4) Repealed. Pub. L. 104–127, title III, §336(a)(1)(A)(i)(I), Apr. 4, 1996, 110 Stat. 1004

(5) State, county, and area committees

(A) Appointment of State committees

The Secretary shall appoint in each State a State committee composed of not fewer than 3 nor more than 5 members who are fairly representative of the farmers in the State. The members of a State committee shall serve at the pleasure of the Secretary for such term as the Secretary may establish.

(B) Establishment and elections for county, area, or local committees

(i) Establishment

(I) In general

In each county or area in which activities are carried out under this section, the Secretary shall establish a county or area committee.

(II) Local administrative areas

The Secretary may designate local administrative areas within a county or a larger area under the jurisdiction of a committee established under subclause (I).

(ii) Composition of county, area, or local committees

(I) In general

Except as provided in subclause (II), a committee established under clause (i) shall consist of not fewer than 3 nor more than 5 members that—

(aa) are fairly representative of the agricultural producers within the area covered by the county, area, or local committee; and

(bb) are elected by the agricultural producers that participate or cooperate in programs administered within the area under the jurisdiction of the county, area, or local committee.

(II) Combination or consolidation of areas

A committee established by combining or consolidating 2 or more county or area committees shall consist of not fewer than 3 nor more than 11 members that—

(aa) are fairly representative of the agricultural producers within the area covered by the county, area, or local committee; and

(bb) are elected by the agricultural producers that participate or cooperate in programs administered within the area under the jurisdiction of the county, area, or local committee.

(III) Representation of socially disadvantaged farmers and ranchers

The Secretary shall develop procedures to maintain representation of socially disadvantaged farmers and ranchers on combined or consolidated committees.

(IV) Eligibility for membership

Notwithstanding any other producer eligibility requirements for service on county or area committees, if a county or area is consolidated or combined, a producer shall be eligible to serve only as a member of the county or area committee that the producer elects to administer the farm records of the producer.

(iii) Elections

(I) In general

Subject to subclauses (II) through (V), the Secretary shall establish procedures for nominations and elections to county, area, or local committees.

(II) Nondiscrimination statement

Each solicitation of nominations for, and notice of elections of, a county, area, or local committee shall include the nondiscrimination statement used by the Secretary.

(III) Nominations

(aa) Eligibility

To be eligible for nomination and election to the applicable county, area, or local committee, as determined by the Secretary, an agricultural producer shall be located within the area under the jurisdiction of a county, area, or local committee, and participate or cooperate in programs administered within that area.

(bb) Outreach

In addition to such nominating procedures as the Secretary may prescribe, the Secretary shall solicit and accept nominations from organizations representing the interests of socially disadvantaged groups (as defined in section 355(e)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)(1)).1

(IV) Opening of ballots

(aa) Public notice

At least 10 days before the date on which ballots are to be opened and counted, a county, area, or local committee shall announce the date, time, and place at which election ballots will be opened and counted.

(bb) Opening of ballots

Election ballots shall not be opened until the date and time announced under item (aa).

(cc) Observation

Any person may observe the opening and counting of the election ballots.

(V) Report of election

Not later than 20 days after the date on which an election is held, a county, area, or local committee shall file an election report with the Secretary and the State office of the Farm Service Agency that includes—

(aa) the number of eligible voters in the area covered by the county, area, or local committee;

(bb) the number of ballots cast in the election by eligible voters (including the percentage of eligible voters that cast ballots);

(cc) the number of ballots disqualified in the election;

(dd) the percentage that the number of ballots disqualified is of the number of ballots received;

(ee) the number of nominees for each seat up for election;

(ff) the race, ethnicity, and gender of each nominee, as provided through the voluntary self-identification of each nominee; and

(gg) the final election results (including the number of ballots received by each nominee).

(VI) National report

Not later than 90 days after the date on which the first election of a county, area, or local committee that occurs after May 13, 2002, is held, the Secretary shall complete a report that consolidates all the election data reported to the Secretary under subclause (V).

(VII) Election reform

(aa) Analysis

If determined necessary by the Secretary after analyzing the data contained in the report under subclause (VI), the Secretary shall promulgate and publish in the Federal Register proposed uniform guidelines for conducting elections for members and alternate members of county, area, and local committees not later than 1 year after the date of completion of the report.

(bb) Inclusion

The procedures promulgated by the Secretary under item (aa) shall ensure fair representation of socially disadvantaged groups described in subclause (III)(bb) in an area covered by the county, area, or local committee, in cases in which those groups are underrepresented on the county, area, or local committee for that area.

(cc) Methods of inclusion

Notwithstanding clause (ii), the Secretary may ensure inclusion of socially disadvantaged farmers and ranchers through provisions allowing for appointment of 1 additional voting member to a county, area, or local committee or through other methods.

(iv) Term of office

The term of office for a member of a county, area, or local committee shall not exceed 3 years.

(v) Public availability and report to Congress

(I) Public disclosure

The Secretary shall maintain and make readily available to the public, via website and otherwise in electronic and paper form, all data required to be collected and computed under section 2279–1(c) of title 7 and clause (iii)(V) collected annually since the most recent Census of Agriculture.

(II) Report to Congress

After each Census of Agriculture, the Secretary shall report to Congress the rate of loss or gain in participation by each socially disadvantaged group, by race, ethnicity, and gender, since the previous Census.

(C) Termination or combination of committees

The Secretary may not terminate a county or area committee or combine or consolidate two or more county or area committees unless—

(i) the Secretary first notifies the committee or committees involved of the proposed action; and

(ii) the State committee of the State in which the affected counties are located approves of such action in a vote taken after the end of the 60-day period beginning on the date the notification is received.

(D) Use of committees

The Secretary shall use the services of such committees in carrying out programs under this section and the agricultural credit programs under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) and in considering administrative appeals as provided by section 6932(d) of title 7. The Secretary may use the services of such committees in carrying out programs under other authorities administered by the Secretary.

(E) Regulations

The Secretary shall issue such regulations as the Secretary considers necessary relating to the selection and exercise of the functions of the respective committees, and to the administration through such committees of the programs described in subparagraph (D). Pursuant to such regulations, each county and area committee shall select an executive director for the area or county. Such selection shall be made in the same manner as provided for the selection of the county executive director under section 7.21(b)(2) of title 7, Code of Federal Regulations, as in effect on January 1, 1994. Regulations governing payments or grants under this subsection shall be as simple and direct as possible, and, whenever practicable, they shall be classified on the following two bases:

(i) Soil-depleting practices.

(ii) Soil-building practices.

(F) Mandatory duties of Secretary

In carrying out this section, the Secretary shall—

(i) insofar as practicable, protect the interests of tenants and sharecroppers;

(ii) accord such encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in Federal laws and as will tend to promote efficient methods of marketing and distribution;

(iii) in every practicable manner, protect the interests of small producers; and

(iv) in every practical way, encourage and provide for soil-conserving and soil-rebuilding practices.

(G) Discretionary authorities of Secretary

In carrying out this section, the Secretary may use other approved agencies.

(H) Limitations

In carrying out this section, the Secretary shall not have the authority to acquire any land or any right or interest in land.

(c) Apportionment of acreage allotments

(1) In apportioning acreage allotments under this section in the case of wheat and corn, the National and State allotments and the allotments to counties shall be apportioned annually on the basis of the acreage seeded for the production of the commodity during the ten calendar years immediately preceding the calendar year in which the national acreage allotment is determined (plus, in applicable years, the acreage diverted under previous agricultural adjustment and conservation programs), with adjustments for abnormal weather conditions and trends in acreage during the applicable period.

(2) In the case of wheat, the allotment to any county shall be apportioned annually by the Secretary, through the local committees, among the farms within such county on the basis of tillable acres, crop-rotation practices, type of soil, and topography. Not more than 3 per centum of such county allotment shall be apportioned to farms on which wheat has not been planted during any of the three marketing years immediately preceding the marketing year in which the allotment is made. Notwithstanding any other provision of this section, the allotments established, or which would have been established, for any farm acquired in 1940 or thereafter by the United States for national-defense purposes shall be placed in an allotment pool and shall be used only to establish allotments for other farms owned or acquired by the owner of the farm so acquired by the United States. The allotments so made for any farm, including a farm on which wheat has not been planted during any of the three marketing years preceding the marketing year in which the allotment is made, shall compare with the allotments established for other farms in the same area which are similar except for the past acreage of wheat.

(3) In the case of corn, the allotment to any county shall be apportioned annually by the Secretary, through the local committees, among the farms within such county on the basis of tillable acreage, type of soil, topography, and crop rotation practices.

(4) Repealed. Apr. 10, 1939, ch. 48, 53 Stat. 573.

(5) In determining normal yield per acre for any county under this section in the case of wheat or corn, the normal yield shall be the average yield per acre therein for such commodity during the ten calendar years immediately preceding the calendar year in which such yield is determined, adjusted for abnormal weather conditions and trends in yields. If for any reason there is no actual yield, or the data therefor are not available for any year, then an appraised yield for such year, determined in accordance with regulations of the Secretary, shall be used. If, on account of drought, flood, insect pests, plant disease, or other uncontrollable natural cause, the yield in any year of such ten-year period is less than 75 per centum of the average (computed without regard to such year), such year shall be eliminated in calculating the normal yield per acre. Such normal yield per acre for any county need be redetermined only when the actual average yield for the ten calendar years immediately preceding the calendar year in which such yield is being reconsidered differs by at least 5 per centum from the actual average yield for the ten years upon which the existing normal yield per acre for the county was based.

(6) In determining normal yield per acre for any farm under this section in the case of wheat or corn, the normal yield shall be the average yield per acre thereon for such commodity during the ten calendar years immediately preceding the calendar year in which such yield is determined, adjusted for abnormal weather conditions and trends in yields. If for any such year the data are not available, or there is no actual yield, then the normal yield for the farm shall be appraised in accordance with regulations of the Secretary, taking into consideration abnormal weather conditions, the normal yield for the county, and the yield in years for which data are available.

(d) to (f) Repealed. Pub. L. 104–127, title III, §336(a)(1)(A)(ii), Apr. 4, 1996, 110 Stat. 1004

(g) Assignment of payments

A payment that may be made to a producer under this section may be assigned only in accordance with regulations issued by the Secretary. This subsection shall not authorize any suit against or impose any liability on the Secretary, any disbursing agent, or any agency of the United States if payment is made to the producer without regard to the existence of any such assignment.

(Apr. 27, 1935, ch. 85, §8, as added Feb. 29, 1936, ch. 104, §1, 49 Stat. 1149; amended June 28, 1937, ch. 395, §1, 50 Stat. 329; Feb. 16, 1938, ch. 30, title I, §§101, 102, 103, 52 Stat. 31, 34, 35; Apr. 7, 1938, ch. 107, §§16–18, 52 Stat. 204, 205; Apr. 10, 1939, ch. 48, 53 Stat. 573; May 14, 1940, ch. 200, 54 Stat. 216; July 2, 1940, ch. 521, §2, 54 Stat. 727; June 21, 1941, ch. 217, 55 Stat. 257; Dec. 26, 1941, ch. 626, §1, 55 Stat. 860; Feb. 6, 1942, ch. 44, §4, 56 Stat. 53; Sept. 29, 1942, ch. 568, 56 Stat. 761; Sept. 21, 1944, ch. 412, title III, §301, 58 Stat. 737; July 25, 1946, ch. 642, 60 Stat. 663; July 3, 1948, ch. 827, title I, §4, 62 Stat. 1250; Sept. 23, 1950, ch. 997, 64 Stat. 978; May 26, 1952, ch. 335, 66 Stat. 95; Aug. 28, 1954, ch. 1041, title V, §501, 68 Stat. 907; Aug. 9, 1955, ch. 624, 69 Stat. 545; Apr. 6, 1956, ch. 186, 70 Stat. 105; July 24, 1956, ch. 668, 70 Stat. 597; Pub. L. 85–553, July 25, 1958, 72 Stat. 414; Pub. L. 86–70, §13(a), June 25, 1959, 73 Stat. 143; Pub. L. 86–624, §8(a), July 12, 1960, 74 Stat. 412; Pub. L. 87–703, title I, §101(2), (3), Sept. 27, 1962, 76 Stat. 605, 606; Pub. L. 88–534, §1, Aug. 31, 1964, 78 Stat. 743; Pub. L. 89–742, Nov. 2, 1966, 80 Stat. 1167; Pub. L. 92–419, title VI, §§605, 606(2)–(5), Aug. 30, 1972, 86 Stat. 676, 677; Pub. L. 95–113, title XV, §1501(a), Sept. 29, 1977, 91 Stat. 1019; Pub. L. 96–294, title II, §259, June 30, 1980, 94 Stat. 709; Pub. L. 99–198, title XVII, §§1711(a), 1712, Dec. 23, 1985, 99 Stat. 1635, 1636; Pub. L. 99–253, §3, Feb. 28, 1986, 100 Stat. 36; Pub. L. 99–500, §101(a) [title VI, §645], Oct. 18, 1986, 100 Stat. 1783, 1783–36, and Pub. L. 99–591, §101(a) [title VI, §645], Oct. 30, 1986, 100 Stat. 3341, 3341–36; Pub. L. 99–641, title II, §204, Nov. 10, 1986, 100 Stat. 3563; Pub. L. 101–624, title XI, §1146, Nov. 28, 1990, 104 Stat. 3516; Pub. L. 102–237, title II, §202, Dec. 13, 1991, 105 Stat. 1848; Pub. L. 103–354, title II, §227(a), Oct. 13, 1994, 108 Stat. 3216; Pub. L. 104–127, title III, §336(a)(1)(A), Apr. 4, 1996, 110 Stat. 1004; Pub. L. 107–171, title X, §10708(b), May 13, 2002, 116 Stat. 522; Pub. L. 110–234, title I, §1615, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, §4(a), title I, §1615, June 18, 2008, 122 Stat. 1664, 1749; Pub. L. 115–334, title II, §2301(d)(2)(D), Dec. 20, 2018, 132 Stat. 4554.)

Editorial Notes

References in Text

The Food Security Act of 1985, referred to in subsec. (b)(1), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter A of chapter 4 of subtitle D of title XII of the Act is classified generally to subpart A (§3839aa et seq.) of part IV of subchapter IV of chapter 58 of this title. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(5)(D), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§1921 et seq.) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2018—Subsec. (b)(1). Pub. L. 115–334 inserted "subchapter A of" before "chapter 4".

2008—Subsec. (b)(5)(B)(ii). Pub. L. 110–246, §1615, designated existing provisions as subcl. (I), inserted heading, substituted "Except as provided in subclause (II), a committee established" for "A committee established" in introductory provisions, redesignated former subcls. (I) and (II) as items (aa) and (bb), respectively, and added subcls. (II) to (IV).

2002—Subsec. (b)(5)(B). Pub. L. 107–171 added subpar. (B) and struck out former subpar. (B) which read as follows:

"(B) Establishment of county, area, or local committees.—(i) In each county or area in which activities are carried out under this section, the Secretary shall establish a county or area committee.

"(ii) Any such committee shall consist of not fewer than 3 nor more than 5 members who are fairly representative of the agricultural producers in the county or area and who shall be elected by the agricultural producers in such county or area under such procedures as the Secretary may prescribe.

"(iii) The Secretary may designate local administrative areas within the county or larger area covered by a committee established under clause (i). Only agricultural producers within a local administrative area who participate or cooperate in programs administered within their area shall be eligible for nomination and election to the local committee for that area, under such regulations as the Secretary may prescribe.

"(iv) The Secretary shall solicit and accept nominations from organizations representing the interests of socially disadvantaged groups (as defined in section 355(e)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)(1)).

"(v) Members of each county, area, or local committee shall serve for terms not to exceed 3 years."

1996—Subsec. (b)(1) to (4). Pub. L. 104–127, §336(a)(1)(A)(i)(I), added par. (1) and struck out former pars. (1) to (4), which related to authorization to provide and eligibility for financial assistance in par. (1), description of purposes of assistance in par. (2), amount of assistance in par. (3), and factors to be considered in formulating national program in par. (4).

Subsec. (b)(6) to (8). Pub. L. 104–127, §336(a)(1)(A)(i)(II), struck out pars. (6) to (8), which related to payments for conservation materials and services in par. (6), appropriations for farming materials and soil-terracing services in par. (7), and agreements with agricultural producers creating obligations in advance of appropriations in par. (8).

Subsecs. (d) to (f). Pub. L. 104–127, §336(a)(1)(A)(ii), struck out subsecs. (d) to (f), which related to conditions affecting payments or grants of aid in subsec. (d), distribution of payments among landlords, tenants, and sharecroppers in subsec. (e), and change between landlord and tenants or sharecroppers affecting landlord's payments in subsec. (f).

1994—Subsec. (b). Pub. L. 103–354 designated first through eighth undesignated pars. as pars. (1) to (8), respectively, added par. (5), and struck out former par. (5) which related to State and local committees.

1991—Subsec. (b). Pub. L. 102–237, in fourteenth sentence of fifth par., inserted before period ", except that, in the case of a person elected to be a national officer or State president of the National Association of Farmer Elected Committeemen, the limitation shall be four consecutive terms".

1990—Subsec. (g). Pub. L. 101–624 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "A payment which may be made to a farmer under this section, may be assigned, without discount, by him in writing as security for cash or advances to finance making a crop, handling or marketing an agricultural commodity, or performing a conservation practice. Such assignment shall be signed by the farmer and witnessed by a member of the county committee or by an employee of such committee, except that where the assignee is a bank whose deposits are insured by the Federal Deposit Insurance Corporation, the Farmers Home Administration, or a production credit association supervised by the Farm Credit Administration, such assignment may be witnessed by a bonded officer of the lending institution. Such assignment shall be filed with the county committee. Such assignment shall not be made to pay or secure any preexisting indebtedness. This provision shall not authorize any suit against or impose any liability upon the Secretary or any disbursing agent if payment to the farmer is made without regard to the existence of any such assignment. The Secretary shall prescribe such regulations as he determines necessary to carry out the provisions of this subsection."

1986—Subsec. (b). Pub. L. 99–500, Pub. L. 99–591, Pub. L. 99–641, made substantially identical amendments to fifth par. of subsec. (b), inserting provisions which related to one local administrative area in any county for which there had been established less than three local administrative areas as of Dec. 23, 1985, and striking out ": Provided, That the foregoing requirement of this sentence shall not apply to any county that, on December 23, 1985, had less than three local administrative areas" after "committee for that area".

Pub. L. 99–253, in fifth par., substituted "local committee" for "community committee" and provisions that each local administrative area have one local committee of at least three members elected to three-year terms in a local election to be held every third year, with exception for more than one local committee per administrative area, that only one local administrative area hold an election in any given year, that only farmers who are producers who participate or cooperate in the programs within their area be eligible for nomination and election, with this requirement not applying to any county that, on Dec. 23, 1985, had less than three local administrative areas, and that only farmers who are participating or cooperating producers within an area be eligible to vote in the election in that area, for provisions that farmers within any local administrative area, participating or cooperating in programs administered within such area, elect from among their number a local committee of not more than three members, with each member elected for a three-year term.

1985—Subsec. (b). Pub. L. 99–198, §1712, in first sentence of fifth par., substituted "In carrying out the provisions of this section in the States of the Union, except Alaska, and as otherwise directed by law with respect to other programs and functions, the Secretary is directed to utilize the services of local and State committees selected as hereinafter provided; and the Secretary may use the services of such committees in carrying out other programs and functions of the Department of Agriculture" for "In carrying out the provisions of this section in the States of the Union, except Alaska, the Secretary is directed to utilize the services of local and State committees selected as hereinafter provided".

Pub. L. 99–198, §1711(a)(1), in third sentence of fifth par., substituted "There shall be 3 local administrative areas in each county, except that, in counties with less than one hundred and fifty farmers, the county committee selected as hereinafter provided may reduce the number of local administrative areas to one, and except that the Secretary may include more than one county or parts of different counties in a local administrative area when the Secretary determines that there are insufficient farmers in an area to establish a slate of candidates for a community committee and hold an election" for "No such local area shall include more than one county or parts of different counties".

Pub. L. 99–198, §1711(a)(2), in fourth sentence of fifth par., struck out "annually" after "shall elect".

Pub. L. 99–198, §1711(a)(3), in fifth par., inserted provisions directing that each member of a local committee be elected for a term of 3 years, that each local committee meet (A) once each year and shall receive compensation for such meeting by the Secretary at not less than the level in effect on December 31, 1985, and (B) at the direction of the county committee and with the approval of the State committee, such additional times during the year as may be necessary to carry out this section without compensation, and that the meetings of a local committee shall be held on different days of the year.

Pub. L. 99–198, §1711(a)(4), in fifth par., inserted provisions directing that the local committees in each county (A) in a county in which there is more than one local committee, serve as advisors and consultants to the county committee; (B) periodically meet with the county committee and State committee to be informed on farm program issues; (C) communicate with producers within their communities on issues or concerns regarding farm programs; (D) report to the county committee, the State committee, and other interested persons on changes to, or modifications of, farm programs recommended by producers in their communities; and (E) perform such other functions as are required by law or as the Secretary may specify, and that the Secretary ensure that information concerning changes in Federal laws in effect with respect to agricultural programs and the administration of such laws are communicated in a timely manner to local committees in areas that contain agricultural producers who might be affected by such changes.

1980—Subsec. (b). Pub. L. 96–294 added applicability to energy conservation as an area of conservation subject to financial assistance, and provisions setting forth authority for financial assistance to agricultural producers for encouraging energy conservation through cost sharing and technical assistance for shelter belts, etc.

1977—Subsec. (b). Pub. L. 95–113, §1501(a)(1), (2), specified that financial assistance be provided to agricultural producers for carrying out enduring conservation and environmental enhancement measures, that eligibility for financial assistance be determined by the existence of conservation or environmental problems that reduce the productive capacity of the land and water or that cause environmental degradation, that financial assistance be a portion of the cost of the installation of conservation and environmental enhancement measures, that the Secretary of Agriculture be given discretion to set the level of payment based on a number of considerations relating to the level and distribution of benefits and costs accruing from the conservation problem and the applied remedy including the level of expected benefits to society, the total cost of the conservation practice, the degree to which the farmer benefits from other conservation programs, and the degree to which conservation would be applied in the absence of financial assistance, and that the Secretary be required to consider national and local needs and priorities in developing a national cost-share assistance program.

Subsec. (e). Pub. L. 95–113, §1501(a)(3), struck out first three pars. which related to allotment and production adjustment activities and for provisions making small cost-share payments, and substituted a new par. authorizing the Secretary to establish a payment limitation. The first three pars. were deemed by the codifiers to constitute the first par., the flush sentence at the end of the first par., and the second par. to reflect the probable intent of Congress. See pp. 192, 193, 400, 401 of Senate Report 95–180.

1972—Subsec. (b). Pub. L. 92–419, §§605, 606(2), (3), added par. respecting long-term rural environmental protection contracts; included in first sentence reference to cl. (6) of section 590g of this title and in item (2) provided as a measure for amount of payments and grants the treatment or use of the land for the prevention or abatement of agriculture-related pollution; and included in the second paragraph provisions respecting making available pollution prevention or abatement aids and orders covering pollution prevention or abatement aids and carrying out by the producers or pollution prevention or abatement practices, respectfully.

Subsec. (d). Pub. L. 92–419, §606(4), included reference to cl. (6) of section 590g(a) of this title in first par.

Subsec. (e). Pub. L. 92–419, §606(5), inserted in proviso provision for payments based on agriculture-related pollution prevention or abatement practices.

1966—Subsec. (g). Pub. L. 89–742 permitted assignments for handling or marketing an agricultural commodity, or performing a conservation practice, broadened the qualifications as to who may witness the signature of a farmer assigning such payments, and directed the Secretary to promulgate such regulations necessary to carry out the provisions of this subsection.

1964—Subsec. (b). Pub. L. 88–534 provided that members of local committees and not delegates from local areas shall nominate and elect a county committee of three farmers in the county, substituted three year staggered terms of office for county committeemen in place of one year terms, limited committeemen to a maximum of three consecutive terms, and eliminated provisions for the annual election of delegates to a county convention for the election of a county committee.

1962—Subsec. (a). Pub. L. 87–703, §101(2), repealed subsec. (a) which related to duration of authority of Secretary of Agriculture in the operation of a Federal program on a temporary basis.

Subsec. (b). Pub. L. 87–703, §101(3), substituted introductory "The" for "subject to the limitations provided in subsection (a) of this section, the".

1960—Subsec. (b). Pub. L. 86–624 substituted "in the States of the Union, except Alaska" for "in the continental United States, except in Alaska".

1959—Subsec. (b). Pub. L. 86–70 inserted ", except in Alaska" after "continental United States".

1958—Subsec. (a). Pub. L. 85–553 substituted "January 1, 1963" and "December 31, 1962" for "January 1, 1959" and "December 31, 1958", respectively, whenever appearing.

1956—Subsec. (a). Act July 24, 1956, substituted "January 1, 1959" and "December 31, 1958" for "January 1, 1957" and "December 31, 1956", respectively, wherever appearing.

Subsec. (b). Act Apr. 6, 1956, substituted "Clauses" for "In arid or semiarid sections," in second sentence.

1955—Subsec. (e). Act Aug. 9, 1955, authorized payments to persons carrying out conservation practices on federally owned noncropland.

1954—Subsec. (a). Act Aug. 28, 1954, §501(a), (b), substituted "January 1, 1957" and "December 31, 1956" for "January 1, 1955" and "December 31, 1954" wherever appearing, and inserted last two sentences.

Subsec. (b). Act Aug. 28, 1954, §501(c), struck out "at not to exceed a fair price fixed in accordance with regulations to be prescribed by the Secretary" after "furnished to producers" in second par., and inserted last sentence.

1952—Subsec. (a). Act May 26, 1952, substituted "January 1, 1955" for "January 1, 1953" wherever appearing and "December 31, 1954" for "December 31, 1952".

1950—Subsec. (a). Act Sept. 23, 1950, substituted "January 1, 1953" for "January 1, 1951" wherever appearing and "December 31, 1952" for "December 31, 1950".

1948—Subsec. (a). Act July 3, 1948, substituted "January 1, 1951" for "January 1, 1949" wherever appearing and "December 31, 1950" for "December 31, 1948".

1946—Subsec. (a). Act July 25, 1946, substituted "January 1, 1949" for "January 1, 1947" wherever appearing and "December 31, 1948" for "December 31, 1946".

1944—Subsec. (b). Act Sept. 21, 1944, inserted par. beginning "Appropriations are hereby".

Subsec. (e). Act Sept. 21, 1944, inserted par. beginning "Persons who carry".

1942—Subsec. (c)(2). Act Feb. 6, 1942, inserted last two sentences.

Subsec. (e). Act Sept. 29, 1942, amended first sentence.

1941—Subsec. (a). Act Dec. 26, 1941, substituted "January 1, 1947" for "January 1, 1942" wherever appearing and "December 31, 1946" for "December 31, 1941".

Subsec. (b). Act June 21, 1941, inserted par. beginning "Notwithstanding any other provisions of law".

1940—Subsec. (c)(5). Act July 2, 1940, inserted last sentence.

Subsec. (f). Act May 14, 1940, struck out last sentence which provided "Such limitations shall apply only if the county committee finds that the change or reduction is not justified and disapproves such change or reduction" and substituted last two sentences.

1939—Subsec. (c)(4). Act Apr. 10, 1939, repealed par. (4) which provided "Notwithstanding any other provision of this subsection, if, for any reason other than flood or drought, the acreage of wheat, cotton, corn, or rice planted on the farm is less than 80 per centum of the farm acreage allotment for such commodity for the purpose of payment, such farm acreage allotment shall be 25 per centum in excess of such planted acreage".

1938—Subsecs. (b) and (c) amended generally by act Feb. 16, 1938.

Subsec. (c)(5). Act Apr. 7, 1938, substituted "for any county" for "on any farm" in first sentence, and "therein," for "thereon".

Subsec. (c)(6). Act Apr. 7, 1938, added par. (6).

Subsecs. (d) to (g). Act Feb. 16, 1938, added subsecs. (d) to (g).

Subsec. (g). Act Apr. 7, 1938, substituted second and third sentences for sentences which provided "Such assignment shall be acknowledged by the farmer before the county agricultural extension agent and filed with such agent. The farmer shall file with such county agricultural extension agent an affidavit stating that the assignment is not made to pay or secure any pre-existing indebtedness."

1937—Subsec. (a). Act June 28, 1937, substituted "January 1, 1942" for "January 1, 1938" wherever appearing, and "December 31, 1941" for "December 31, 1937".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

Effective Date of 1985 Amendment

Pub. L. 99–198, title XVII, §1711(b)(1), Dec. 23, 1985, 99 Stat. 1636, provided that: "The amendments made by this section [amending this section] shall become effective on January 1, 1986, except that the amendments made by clauses (2) and (3) of subsection (a) [amending this section] shall not apply with respect to the term of office of any member of a local committee elected before January 1, 1986."

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of Title 7, Agriculture.

Effective Date of 1964 Amendment

Pub. L. 88–534, §3, Aug. 31, 1964, 78 Stat. 743, provided that: "Section 1 of this Act [amending this section] shall become effective for elections of committeemen held on or after January 1, 1965."

Effective Date of 1948 Amendment

Amendment by act July 3, 1948, effective July 3, 1948, see section 6 of act July 3, 1948, set out as a note under section 624 of Title 7, Agriculture.

Effective Date of 1938 Amendment

Act Feb. 16, 1938, ch. 30, title I, §105, 52 Stat. 36, as amended by section 1 of act Apr. 7, 1938, provided that the amendments by that act, amending this section, "shall first be effective with respect to farming operations carried out in the calendar year 1938. Notwithstanding such amendments, payments with respect to farming operations carried out in the calendar year 1938 and based upon any soil-depleting crop for which special acreage allotments are established shall be made at not less than 90 per centum of the rates announced by the Secretary prior to the enactment of this act. Nothing contained herein shall require reconstituting, for 1938, any county or other local committee which has been constituted prior to February 1, 1938."

Status of Permanent Employees of County Committees

Pub. L. 106–78, title VII, §740, Oct. 22, 1999, 113 Stat. 1166, provided that: "Notwithstanding any other provision of law, in fiscal year 2000 and thereafter, permanent employees of county committees employed on or after October 1, 1998, pursuant to [section] 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having Federal Civil Service status only for the purpose of applying for United States Department of Agriculture Civil Service vacancies."

Similar provisions were contained in the following prior appropriation act: Pub. L. 105–277, div. A, §101(a) [title VII, §765], Oct. 21, 1998, 112 Stat. 2681, 2681–37.

Local Committee Member Elected Before January 1, 1986; Completion of Unexpired Term in Administrative Area of Residence

Pub. L. 99–198, title XVII, §1711(b)(2), Dec. 23, 1985, 99 Stat. 1636, provided that: "If the number of local administrative areas and local committees in a county increases as a result of a change in the number of local administrative areas in the county under section 8(b) of the Soil Conservation and Domestic Allotment Act [subsec. (b) of this section] (as amended by subsection (a)(1)), any member of a local committee in such county elected before January 1, 1986, shall serve the unexpired portion of any term commenced before the date of such increase as a member of the local committee for the administrative area in which such member resides."

Congressional Findings Respecting the Agricultural Stabilization and Conservation County and Community Committee System

Pub. L. 97–218, title IV, §401, July 20, 1982, 96 Stat. 216, provided that: "Congress finds that agricultural stabilization and conservation county and community committees have served, and should continue to serve, a vital function in implementing, at the local level, farm commodity, soil conservation, and related programs; and that, by assisting the United States Department of Agriculture to conduct such programs effectively, such committees provide substantial benefits to agriculture and the Nation. Congress further finds that the agricultural stabilization and conservation county and community committee system has developed, over the years, into a highly efficient mechanism for implementing such programs at the local level. Therefore, it is the sense of Congress that the Secretary of Agriculture should ensure that the structure and operations of the agricultural stabilization and conservation county and community committees, as heretofore developed to enable such committees to meet the responsibilities assigned them under section 8(b) of the Soil Conservation and Domestic Allotment Act [subsection (b) of this section], and related statutes and regulations, be preserved and strengthened."

1970 Increase in Rates of Compensation of Persons Employed by County Committees

Adjustment by the Secretary of Agriculture, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of personnel subject to this section with respect to individuals employed by county committees under subsec. (b) of this section, by the amounts of the adjustment for corresponding rates for employees subject to the General Schedule, set out in section 5332 of Title 5, which had been made by section 2 of Pub. L. 91–231 raising such rates by 6 percent, see Pub. L. 91–231, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1967 Increase in Rates of Compensation of Persons Employed by County Committees

Pub. L. 90–206, title II, §210, Dec. 16, 1967, 81 Stat. 633, provided that: "The rates of pay of persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable, to the increases provided by section 202(a) of this title [see section 5332(a) of Title 5, Government Organization and Employees] for corresponding rates of basic pay."

[Section 210 of Pub. L. 90–206 effective as of beginning of first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under section 5332 of Title 5.]

1966 Increase in Rates of Compensation of Persons Employed by County Committees

Pub. L. 89–504, title I, §107, July 18, 1966, 80 Stat. 293, provided that: "The rates of compensation of persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable, to the increases provided by section 102(a) of this title [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] for corresponding rates of compensation."

1965 Increase in Rates of Compensation of Persons Employed by County Committees

Pub. L. 89–301, §10, Oct. 29, 1965, 79 Stat. 1120, provided that: "The rates of compensation of persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable, to the increases provided by section 2(a) of this Act [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] for corresponding rates of compensation."

[Provision effective on first day of first pay period which begins on or after July 1, 1966, see section 109(2) of Pub. L. 89–504.]

1964 Increase in Rates of Compensation of Persons Employed by County Committees

Pub. L. 88–426, title I, §122, Aug. 14, 1964, 78 Stat. 412, provided that: "The rates of compensation of persons employed by the county committees establish pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable to the increases provided by section 102 of this Act [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] for corresponding rates of compensation in the appropriate schedule or scale of pay."

1962 Increase in Rates of Compensation of Persons Employed by County Committees

Pub. L. 87–793, §1002, Oct. 11, 1962, 76 Stat. 865, provided that: "The rates of compensation of persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable, to the increases provided by title II of this part [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] for corresponding rates of compensation in the appropriate schedule or scale of pay."

1960 Increase in Rates of Compensation of Persons Employed by County Committees

Pub. L. 86–568, title I, §115(a), July 1, 1960, 74 Stat. 302, provided that: "The rates of compensation of persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable, to the increases provided by this title [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] for corresponding rates of compensation in the appropriate schedule or scale of pay."

["Increases provided by this title", referred to above, means increases provided by title I of Pub. L. 86–568.]

Two County Committees for Certain Counties in Minnesota and Iowa

Pub. L. 85–278, Sept. 2, 1957, 71 Stat. 601, provided: "That, notwithstanding the provisions of subsection (b) of section 8 of the Soil Conservation and Domestic Allotment Act [subsec. (b) of this section], two county committees shall be elected annually under such subsection for the counties of Otter Tail, Polk, and Saint Louis, in the State of Minnesota, and for the county of Pottawattamie, in the State of Iowa, and that the actions heretofore or hereafter taken by each of such committees shall be given the same effect in the area served by it as is given to the actions of the county committee in a county served by a single county committee."

Executive Documents

Transfer of Functions

Functions respecting lands under jurisdiction of Department of the Interior, transfer to Department of the Interior, see Transfer of Functions note set out under section 590a of this title.

1 So in original. The period probably should be preceded by an additional closing parenthesis.
16 U.S.C. § 1802 (2024) — Title 16: CONSERVATION / Chapter 38: FISHERY CONSERVATION AND MANAGEMENT / Subchapter I: GENERALLY / Section 1802: Definitions
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires—

(1) The term "anadromous species" means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.

(2) The term "bycatch" means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.

(3) The term "charter fishing" means fishing from a vessel carrying a passenger for hire (as defined in section 2101(30) of title 46) who is engaged in recreational fishing.

(4) The term "commercial fishing" means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.

(5) The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that—

(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;

(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and

(iii) there will be a multiplicity of options available with respect to future uses of these resources.

(6) The term "Continental Shelf" means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas.

(7) The term "Continental Shelf fishery resources" means the following:

Cnidaria

Bamboo Coral—Acanella spp.;

Black Coral—Antipathes spp.;

Gold Coral—Callogorgia spp.;

Precious Red Coral—Corallium spp.;

Bamboo Coral—Keratoisis spp.; and

Gold Coral—Parazoanthus spp.

Crustacea

Tanner Crab—Chionoecetes tanneri;

Tanner Crab—Chionoecetes opilio;

Tanner Crab—Chionoecetes angulatus;

Tanner Crab—Chionoecetes bairdi;

King Crab—Paralithodes camtschatica;

King Crab—Paralithodes platypus;

King Crab—Paralithodes brevipes;

Lobster—Homarus americanus;

Dungeness Crab—Cancer magister;

California King Crab—Paralithodes californiensis;

California King Crab—Paralithodes rathbuni;

Golden King Crab—Lithodes aequispinus;

Northern Stone Crab—Lithodes maja;

Stone Crab—Menippe mercenaria; and

Deep-sea Red Crab—Chaceon quinquedens.

Mollusks

Red Abalone—Haliotis rufescens;

Pink Abalone—Haliotis corrugata;

Japanese Abalone—Haliotis kamtschatkana;

Queen Conch—Strombus gigas;

Surf Clam—Spisula solidissima; and

Ocean Quahog—Arctica islandica.

Sponges

Glove Sponge—Spongia cheiris;

Sheepswool Sponge—Hippiospongia lachne;

Grass Sponge—Spongia graminea; and

Yellow Sponge—Spongia barbera.

If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either—

(A) immobile on or under the seabed, or

(B) unable to move except in constant physical contact with the seabed or subsoil,

of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this chapter.

(8) The term "Council" means any Regional Fishery Management Council established under section 1852 of this title.

(9) The term "economic discards" means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons.

(10) The term "essential fish habitat" means those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.

(11) The term "exclusive economic zone" means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.

(12) The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.

(13) The term "fishery" means—

(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and

(B) any fishing for such stocks.

(14) The term "regional fishery association" means an association formed for the mutual benefit of members—

(A) to meet social and economic needs in a region or subregion; and

(B) comprised of persons engaging in the harvest or processing of fishery resources in that specific region or subregion or who otherwise own or operate businesses substantially dependent upon a fishery.

(15) The term "fishery resource" means any fishery, any stock of fish, any species of fish, and any habitat of fish.

(16) The term "fishing" means—

(A) the catching, taking, or harvesting of fish;

(B) the attempted catching, taking, or harvesting of fish;

(C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or

(D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).

Such term does not include any scientific research activity which is conducted by a scientific research vessel.

(17) The term "fishing community" means a community which is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and crew and United States fish processors that are based in such community.

(18) The term "fishing vessel" means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for—

(A) fishing; or

(B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.

(19) The term "foreign fishing" means fishing by a vessel other than a vessel of the United States.

(20) The term "high seas" means all waters beyond the territorial sea of the United States and beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States.

(21) The term "highly migratory species" means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).

(22) The term "import"—

(A) means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States; but

(B) does not include any activity described in subparagraph (A) with respect to fish caught in the exclusive economic zone or by a vessel of the United States.

(23) The term "individual fishing quota" means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does not include community development quotas as described in section 1855(i) of this title.

(24) The term "international fishery agreement" means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party.

(25) The term "large-scale driftnet fishing" means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more, or with a mesh size of 14 inches or greater, is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.

(26) The term "limited access privilege"—

(A) means a Federal permit, issued as part of a limited access system under section 1853a of this title to harvest a quantity of fish expressed by a unit or units representing a portion of the total allowable catch of the fishery that may be received or held for exclusive use by a person; and

(B) includes an individual fishing quota; but

(C) does not include community development quotas as described in section 1855(i) of this title.

(27) The term "limited access system" means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation.

(28) The term "Marine Fisheries Commission" means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission.

(29) The term "migratory range" means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation.

(30) The term "national standards" means the national standards for fishery conservation and management set forth in section 1851 of this title.

(31) The term "observer" means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter.

(32) The term "observer information" means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents.

(33) The term "optimum", with respect to the yield from a fishery, means the amount of fish which—

(A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems;

(B) is prescribed on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant social, economic, or ecological factor; and

(C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.

(34) The terms "overfishing" and "overfished" mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.

(35) The term "Pacific Insular Area" means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll.

(36) The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.

(37) The term "recreational fishing" means fishing for sport or pleasure.

(38) The term "regulatory discards" means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.

(39) The term "Secretary" means the Secretary of Commerce or his designee.

(40) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.

(41) 1 The term "special areas" means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990. In particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.

(42) The term "stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.

(43) The term "treaty" means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.

(44) The term "tuna species" means the following:

Albacore Tuna—Thunnus alalunga;

Bigeye Tuna—Thunnus obesus;

Bluefin Tuna—Thunnus thynnus;

Skipjack Tuna—Katsuwonus pelamis; and

Yellowfin Tuna—Thunnus albacares.

(45) The term "United States", when used in a geographical context, means all the States thereof.

(46) The term "United States fish processors" means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption.

(47) The term "United States harvested fish" means fish caught, taken, or harvested by vessels of the United States within any fishery regulated under this chapter.

(48) The term "vessel of the United States" means—

(A) any vessel documented under chapter 121 of title 46;

(B) any vessel numbered in accordance with chapter 123 of title 46 and measuring less than 5 net tons;

(C) any vessel numbered in accordance with chapter 123 of title 46 and used exclusively for pleasure; or

(D) any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.

(49) The term "vessel subject to the jurisdiction of the United States" has the same meaning such term has in section 70502(c) of title 46.

(50) The term "waters of a foreign nation" means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.

(Pub. L. 94–265, §3, Apr. 13, 1976, 90 Stat. 333; Pub. L. 95–354, §3, Aug. 28, 1978, 92 Stat. 519; Pub. L. 97–453, §15(a), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99–659, title I, §§101(a), 112, Nov. 14, 1986, 100 Stat. 3706, 3715; Pub. L. 100–239, §2, Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101–627, title I, §102(a), title X, §1001(c), Nov. 28, 1990, 104 Stat. 4438, 4468; Pub. L. 102–251, title III, §301(b), Mar. 9, 1992, 106 Stat. 62; Pub. L. 104–297, title I, §102, Oct. 11, 1996, 110 Stat. 3561; Pub. L. 109–479, §3(b), (c), Jan. 12, 2007, 120 Stat. 3577, 3578; Pub. L. 115–232, div. C, title XXXV, §3541(b)(2), Aug. 13, 2018, 132 Stat. 2323; Pub. L. 117–328, div. S, title I, §102, Dec. 29, 2022, 136 Stat. 5259.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Proclamation Numbered 5030, referred to in par. (11), is set out under section 1453 of this title.

Codification

In par. (49), "section 70502(c) of title 46" substituted for "section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c))" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping.

Pub. L. 102–251, §301(b), which directed amendment of this section by adding a new par. (24) defining "special areas" and redesignating former pars. (24) to (32) as (25) to (33), respectively, was to be effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, but will not be executed, to reflect the probable intent of Congress, because the amendments would be inconsistent with the amendments by Pub. L. 104–297 which added par. (36) (now par. (41)) which is substantially identical to the par. (24) added by Pub. L. 102–251, made successive redesignations of pars. (2) to (44), and added and amended various other pars. See 1996 Amendment notes below and section 308 of Pub. L. 102–251, set out as an Effective Date of 1992 Amendment note under section 773 of this title.

Amendments

2022—Par. (25). Pub. L. 117–328 inserted ", or with a mesh size of 14 inches or greater," after "kilometers or more".

2018—Par. (3). Pub. L. 115–232 substituted "section 2101(30)" for "section 2101(21a)".

2007—Pub. L. 109–479 added pars. (13A) defining "regional fishery association", (20A) defining "import", (23A) defining "limited access privilege", (23B) defining "limited access system", and (27A) defining "observer information" and redesignated pars. (1) to (45) as (1) to (50), respectively.

1996—Pars. (2) to (6). Pub. L. 104–297, §102(1), added pars. (2) to (4) and redesignated former pars. (2) and (3) as (5) and (6), respectively. Former pars. (4) to (6) redesignated (7) to (9), respectively.

Par. (7). Pub. L. 104–297, §102(2)(B), substituted "Deep-sea Red Crab—Chaceon quinquedens" for "Deep-sea Red Crab—Geryon quinquedens" in list under heading "Crustacea".

Pub. L. 104–297, §102(2)(A), which directed substitution of "Cnidaria" for "Coelenterata" in heading of list of corals, was executed by making the substitution for "Colenterata" in that heading to reflect the probable intent of Congress.

Pub. L. 104–297, §102(1), redesignated par. (4) as (7). Former par. (7) redesignated (10).

Par. (8). Pub. L. 104–297, §102(1), redesignated par. (5) as (8). Former par. (8) redesignated (11).

Par. (9). Pub. L. 104–297, §102(3), added par. (9). Former par. (9) redesignated (11).

Pub. L. 104–297, §102(1), redesignated par. (6) as (9). Former par. (9) redesignated (12).

Par. (10). Pub. L. 104–297, §102(3), added par. (10). Former par. (10) redesignated (12).

Pub. L. 104–297, §102(1), redesignated par. (7) as (10). Former par. (10) redesignated (13).

Pars. (11) to (15). Pub. L. 104–297, §102(3), redesignated pars. (9) to (13) as (11) to (15), respectively. Former pars. (14) and (15) redesignated (16) and (17), respectively.

Pub. L. 104–297, §102(1), redesignated pars. (8) to (12) as (11) to (15), respectively. Former pars. (13) to (15) redesignated (16) to (18), respectively.

Par. (16). Pub. L. 104–297, §102(4), added par. (16). Former par. (16) redesignated (17).

Pub. L. 104–297, §102(3), redesignated par. (14) as (16). Former par. (16) redesignated (18).

Pub. L. 104–297, §102(1), redesignated par. (13) as (16). Former par. (16) redesignated (19).

Pars. (17) to (20). Pub. L. 104–297, §102(4), redesignated pars. (16) to (19) as (17) to (20), respectively. Former par. (20) redesignated (21).

Pub. L. 104–297, §102(3), redesignated pars. (15) to (18) as (17) to (20), respectively. Former pars. (19) and (20) redesignated (21) and (22), respectively.

Pub. L. 104–297, §102(1), redesignated pars. (14) to (17) as (17) to (20), respectively. Former pars. (18) to (20) redesignated (21) to (23), respectively.

Par. (21). Pub. L. 104–297, §102(5), added par. (21). Former par. (21) redesignated (22).

Pub. L. 104–297, §102(4), redesignated par. (20) as (21). Former par. (21) redesignated (22).

Pub. L. 104–297, §102(3), redesignated par. (19) as (21). Former par. (21) redesignated (23).

Pub. L. 104–297, §102(1), redesignated par. (18) as (21). Former par. (21) redesignated (24).

Par. (22). Pub. L. 104–297, §102(5), redesignated par. (21) as (22). Former par. (22) redesignated (23).

Pub. L. 104–297, §102(4), redesignated par. (21) as (22). Former par. (22) redesignated (23).

Pub. L. 104–297, §102(3), redesignated par. (20) as (22). Former par. (22) redesignated (24).

Pub. L. 104–297, §102(1), redesignated par. (19) as (22). Former par. (22) redesignated (25).

Par. (23). Pub. L. 104–297, §102(6), substituted "of two and one-half kilometers" for "of one and one-half miles".

Pub. L. 104–297, §102(5), redesignated par. (22) as (23). Former par. (23) redesignated (24).

Pub. L. 104–297, §102(4), redesignated par. (22) as (23). Former par. (23) redesignated (24).

Pub. L. 104–297, §102(3), redesignated par. (21) as (23). Former par. (23) redesignated (25).

Pub. L. 104–297, §102(1), redesignated par. (20) as (23). Former par. (23) redesignated (26).

Pars. (24) to (27). Pub. L. 104–297, §102(5), redesignated pars. (23) to (26) as (24) to (27), respectively. Former par. (27) redesignated (28).

Pub. L. 104–297, §102(4), redesignated pars. (23) to (26) as (24) to (27), respectively. Former par. (27) redesignated (28).

Pub. L. 104–297, §102(3), redesignated pars. (22) to (25) as (24) to (27), respectively. Former pars. (26) and (27) redesignated (28) and (29), respectively.

Pub. L. 104–297, §102(1), redesignated pars. (21) to (24) as (24) to (27), respectively. Former pars. (25) to (27) redesignated (28) to (30), respectively.

Par. (28). Pub. L. 104–297, §102(7), added par. (28) and struck out former par. (28) which read as follows: "The term 'optimum', with respect to the yield from a fishery, means the amount of fish—

"(A) which will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities; and

"(B) which is prescribed as such on the basis of the maximum sustainable yield from such fishery, as modified by any relevant economic, social, or ecological factor."

Pub. L. 104–297, §102(5), redesignated par. (27) as (28). Former par. (28) redesignated (29).

Pub. L. 104–297, §102(4), redesignated par. (27) as (28). Former par. (28) redesignated (29).

Pub. L. 104–297, §102(3), redesignated par. (26) as (28). Former par. (28) redesignated (30).

Pub. L. 104–297, §102(1), redesignated par. (25) as (28). Former par. (28) redesignated (31).

Pars. (29), (30). Pub. L. 104–297, §102(8), added pars. (29) and (30). Former pars. (29) and (30) redesignated (31) and (32), respectively.

Pub. L. 104–297, §102(5), redesignated pars. (28) and (29) as (29) and (30), respectively. Former par. (30) redesignated (31).

Pub. L. 104–297, §102(4), redesignated pars. (28) and (29) as (29) and (30), respectively. Former par. (30) redesignated (31).

Pub. L. 104–297, §102(3), redesignated pars. (27) and (28) as (29) and (30), respectively. Former pars. (29) and (30) redesignated (31) and (32), respectively.

Pub. L. 104–297, §102(1), redesignated pars. (26) and (27) as (29) and (30), respectively. Former pars. (29) and (30) redesignated (32) and (33), respectively.

Par. (31). Pub. L. 104–297, §102(8), redesignated par. (29) as (31). Former par. (31) redesignated (33).

Pub. L. 104–297, §102(5), redesignated par. (30) as (31). Former par. (31) redesignated (32).

Pub. L. 104–297, §102(4), redesignated par. (30) as (31). Former par. (31) redesignated (32).

Pub. L. 104–297, §102(3), redesignated par. (29) as (31). Former par. (31) redesignated (33).

Pub. L. 104–297, §102(1), redesignated par. (28) as (31). Former par. (31) redesignated (34).

Pars. (32), (33). Pub. L. 104–297, §102(9), added pars. (32) and (33). Former pars. (32) and (33) redesignated (34) and (35), respectively.

Pub. L. 104–297, §102(8), redesignated pars. (30) and (31) as (32) and (33), respectively. Former pars. (32) and (33) redesignated (34) and (35), respectively.

Pub. L. 104–297, §102(5), redesignated pars. (31) and (32) as (32) and (33), respectively. Former par. (33) redesignated (34).

Pub. L. 104–297, §102(4), redesignated pars. (31) and (32) as (32) and (33), respectively. Former par. (33) redesignated (34).

Pub. L. 104–297, §102(3), redesignated pars. (30) and (31) as (32) and (33), respectively. Former pars. (32) and (33) redesignated (34) and (35), respectively.

Pub. L. 104–297, §102(1), redesignated pars. (29) and (30) as (32) and (33), respectively. Former par. (32) redesignated (35).

Pars. (34), (35). Pub. L. 104–297, §102(9), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively.

Pub. L. 104–297, §102(8), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively.

Pub. L. 104–297, §102(5), redesignated pars. (33) and (34) as (34) and (35), respectively. Former par. (35) redesignated (36).

Pub. L. 104–297, §102(4), redesignated pars. (33) and (34) as (34) and (35), respectively. Former par. (35) redesignated (36).

Pub. L. 104–297, §102(3), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively.

Pub. L. 104–297, §102(1), redesignated pars. (31) and (32) as (34) and (35), respectively.

Par. (36). Pub. L. 104–297, §102(10), added par. (36). Former par. (36) redesignated (37).

Pub. L. 104–297, §102(9), redesignated par. (34) as (36). Former par. (36) redesignated (38).

Pub. L. 104–297, §102(8), redesignated par. (34) as (36). Former par. (36) redesignated (38).

Pub. L. 104–297, §102(5), redesignated par. (35) as (36). Former par. (36) redesignated (37).

Pub. L. 104–297, §102(4), redesignated par. (35) as (36). Former par. (36) redesignated (37).

Pub. L. 104–297, §102(3), redesignated par. (34) as (36).

Par. (37). Pub. L. 104–297, §102(10), redesignated par. (36) as (37). Former par. (37) redesignated (38).

Pub. L. 104–297, §102(9), redesignated par. (35) as (37). Former par. (37) redesignated (39).

Pub. L. 104–297, §102(8), redesignated par. (35) as (37). Former par. (37) redesignated (39).

Pub. L. 104–297, §102(5), redesignated par. (36) as (37). Former par. (37) redesignated (38).

Pub. L. 104–297, §102(4), redesignated par. (36) as (37). Former par. (37) redesignated (38).

Pub. L. 104–297, §102(3), redesignated par. (35) as (37).

Par. (38). Pub. L. 104–297, §102(10), redesignated par. (37) as (38). Former par. (38) redesignated (39).

Pub. L. 104–297, §102(9), redesignated par. (36) as (38). Former par. (38) redesignated (40).

Pub. L. 104–297, §102(8), redesignated par. (36) as (38). Former par. (38) redesignated (40).

Pub. L. 104–297, §102(5), redesignated par. (37) as (38). Former par. (38) redesignated (39).

Pub. L. 104–297, §102(4), redesignated par. (37) as (38).

Par. (39). Pub. L. 104–297, §102(10), redesignated par. (38) as (39). Former par. (39) redesignated (40).

Pub. L. 104–297, §102(9), redesignated par. (37) as (39). Former par. (39) redesignated (41).

Pub. L. 104–297, §102(8), redesignated par. (37) as (39). Former par. (39) redesignated (41).

Pub. L. 104–297, §102(5), redesignated par. (38) as (39).

Pars. (40), (41). Pub. L. 104–297, §102(10), redesignated pars. (39) and (40) as (40) and (41), respectively. Former par. (41) redesignated (42).

Pub. L. 104–297, §102(9), redesignated pars. (38) and (39) as (40) and (41), respectively. Former pars. (40) and (41) redesignated (42) and (43), respectively.

Pub. L. 104–297, §102(8), redesignated pars. (38) and (39) as (40) and (41), respectively.

Par. (42). Pub. L. 104–297, §102(11), which directed the substitution of "regulated under this chapter" for "for which a fishery management plan prepared under subchapter IV of this chapter or a preliminary fishery management plan prepared under section 1821(g) of this title has been implemented", was executed by making substitution for language which referred to "section 1821(h)", notwithstanding directory language directing substitution for language which referred to "section 1821(g)" to reflect the probable intent of Congress.

Pub. L. 104–297, §102(10), redesignated par. (41) as (42). Former par. (42) redesignated (43).

Pub. L. 104–297, §102(9), redesignated par. (40) as (42).

Par. (43). Pub. L. 104–297, §102(10), redesignated par. (42) as (43). Former par. (43) redesignated (44).

Pub. L. 104–297, §102(9), redesignated par. (41) as (43).

Par. (44). Pub. L. 104–297, §102(12), added par. (44). Former par. (44) redesignated (45).

Pub. L. 104–297, §102(10), redesignated par. (43) as (44).

Par. (45). Pub. L. 104–297, §102(12), redesignated par. (44) as (45).

1990—Par. (7). Pub. L. 101–627, §102(a)(2), substituted "and birds" for ", birds, and highly migratory species".

Par. (14). Pub. L. 101–627, §102(a)(3), amended par. (14) generally. Prior to amendment, par. (14) read as follows: "The term 'highly migratory species' means species of tuna which, in the course of their life cycle, spawn and migrate over great distances in waters of the ocean."

Par. (16). Pub. L. 101–627, §102(a)(4), added par. (16). Former par. (16) redesignated (17).

Par. (17). Pub. L. 101–627, §102(a)(1), redesignated par. (16) as (17). Former par. (17) redesignated (19).

Par. (18). Pub. L. 101–627, §102(a)(5), added par. (18). Former par. (18) redesignated (21).

Par. (19). Pub. L. 101–627, §102(a)(1), redesignated par. (17) as (19). Former par. (19) redesignated (22).

Par. (20). Pub. L. 101–627, §102(a)(6), added par. (20). Former par. (20) redesignated (23).

Pars. (21) to (26). Pub. L. 101–627, §102(a)(1), redesignated pars. (18) to (23) as (21) to (26), respectively. Former pars. (24) to (26) redesignated (28) to (30), respectively.

Par. (27). Pub. L. 101–627, §102(a)(7), added par. (27). Former par. (27) redesignated (31).

Pars. (28) to (31). Pub. L. 101–627, §102(a)(1), redesignated pars. (24) to (27) as (28) to (31), respectively.

Par. (32). Pub. L. 101–627, §102(a)(8), added par. (32).

1988—Par. (27). Pub. L. 100–239 amended par. (27) generally. Prior to amendment, par. (27) read as follows: "The term 'vessel of the United States' means—

"(A) any vessel documented under the laws of the United States;

"(B) any vessel numbered in accordance with the Federal Boat Safety Act of 1971 and measuring less than 5 net tons; or

"(C) any vessel numbered under the Federal Boat Safety Act of 1971 and used exclusively for pleasure."

1986—Par. (4). Pub. L. 99–659, §112, in provisions under heading "Mollusks" substituted "Arctica islandica" for "Artica islandica" and under heading "Sponges" substituted "Spongia cheiris" for "Hippiospongia canaliculata".

Pars. (6) to (8). Pub. L. 99–659, §101(a), added par. (6), redesignated former pars. (6) and (7) as (7) and (8), respectively, and struck out former par. (8) which defined "fishery conservation zone" as the fishery conservation zone established by section 1811 of this title.

1983—Par. (27). Pub. L. 97–453 designated existing provisions as subpar. (A), struck out "or registered under the laws of any State" after "United States", and added subpars. (B) and (C).

1978—Pars. (25) to (27). Pub. L. 95–354 added pars. (25) and (26) and redesignated former par. (25) as (27).

Statutory Notes and Related Subsidiaries

Change of Name

"Pacific States Marine Fisheries Commission" substituted for "Pacific Marine Fisheries Commission" in par. (28) pursuant to section 1001(c) of Pub. L. 101–627, set out below.

Effective Date of 1992 Amendment

Pub. L. 104–297, title IV, §405(a), Oct. 11, 1996, 110 Stat. 3620, provided that: "Notwithstanding section 308 of the Act entitled 'An Act to provide for the designation of the Flower Garden Banks National Marine Sanctuary', approved March 9, 1992 (Public Law 102–251; 106 Stat. 66) [set out as a note under section 773 of this title] hereinafter referred to as the 'FGB Act', section 301(b) of that Act [amending this section, see Codification note above] (adding a definition of the term 'special areas') shall take effect on the date of enactment of this Act [Oct. 11, 1996]."

Redesignation of Pacific Marine Fisheries Commission as Pacific States Marine Fisheries Commission

Pub. L. 101–627, title X, §1001, Nov. 28, 1990, 104 Stat. 4467, provided that:

"(a) In General.—The Congress consents to and approves of the amendments described in subsection (b) to the interstate compact which constituted the Pacific Marine Fisheries Commission, approved by the Act of July 24, 1947 (61 Stat. 419; hereinafter in this section referred to as the 'compact').

"(b) Amendment Described.—The amendments referred to in subsection (a) are the amendments approved and ratified before the effective date of this section [Nov. 28, 1990] by the contracting States to the compact, which—

"(1) amend Article III of the compact to redesignate the Pacific Marine Fisheries Commission as the 'Pacific States Marine Fisheries Commission'; and

"(2) make such other amendments to the compact as are necessary solely to conform the text of the compact to the amendment described in paragraph (1).

"(c) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pacific Marine Fisheries Commission constituted by the compact is deemed to be a reference to the 'Pacific States Marine Fisheries Commission'."

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

1 See Codification note below.
16 U.S.C. § 3502 (2024) — Title 16: CONSERVATION / Chapter 55: COASTAL BARRIER RESOURCES / Section 3502: Definitions
Definitions
Status: in_force

(a) In general

For purposes of this chapter:

(1) Coastal barrier

The term "coastal barrier" means—

(A) a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, bluff, or barrier island) that—

(i) is subject to wave, tidal, and wind energies; and

(ii) protects landward aquatic habitats from direct wave attack; and

(B) all associated aquatic habitats including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters.

(2) Committees

The term "Committees" means the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(3) Financial assistance

(A) In general

The term "financial assistance" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance other than—

(i) deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions;

(ii) the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation;

(iii) assistance for environmental studies, planning, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and

(iv) assistance pursuant to programs entirely unrelated to development, such as any Federal or federally assisted public assistance program or any Federal old-age survivors or disability insurance program.

(B) Flood insurance

The term "financial assistance" includes flood insurance described in section 4028 of title 42.

(4) Great Lakes

The term "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron, Lake St. Clair, Lake Michigan, and Lake Superior, to the extent that those lakes are subject to the jurisdiction of the United States.

(5) Otherwise Protected Area

(A) In general

The term "Otherwise Protected Area" means any unit of the System that, at the time of designation, was predominantly composed of areas established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, wildlife sanctuary, recreational, or natural resource conservation purposes.

(B) Qualified organization

For purposes of subparagraph (A), the term "qualified organization" has the meaning given the term in section 170(h)(3) of title 26.

(6) Secretary

The term "Secretary" means the Secretary of the Interior.

(7) System

The term "System" means the John H. Chafee Coastal Barrier Resources System established under section 3503(a) of this title.

(8) System unit

The term "System unit" means any undeveloped coastal barrier, or combination of closely-related undeveloped coastal barriers, included within the John H. Chafee Coastal Barrier Resources System established under section 3503(a) of this title.

(9) Undeveloped coastal barrier

The term "undeveloped coastal barrier" means a coastal barrier the features and associated habitats of which contain few manmade structures and these structures, and man's activities on such features and within such habitats, do not significantly impede geomorphic and ecological processes.

(b) Savings clause

Nothing in this section supersedes the official maps described in section 3503(a) of this title.

(Pub. L. 97–348, §3, Oct. 18, 1982, 96 Stat. 1653; Pub. L. 99–272, title XIV, §14001(b)(5), Apr. 7, 1986, 100 Stat. 329; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–707, title II, §204(c)(2), Nov. 23, 1988, 102 Stat. 4714; Pub. L. 101–591, §2(a), (b)(1), (c), Nov. 16, 1990, 104 Stat. 2931; Pub. L. 106–167, §3(c)(2), Dec. 9, 1999, 113 Stat. 1804; Pub. L. 106–514, §4(a)(1), (2), Nov. 13, 2000, 114 Stat. 2396; Pub. L. 118–117, title I, §101, Nov. 25, 2024, 138 Stat. 1608.)

Editorial Notes

Amendments

2024—Pub. L. 118–117 amended section generally. Prior to amendment, section defined terms for this chapter.

2000—Par. (2). Pub. L. 106–514, §4(a)(1), substituted "means the Committee on Resources" for "refers to the Committee on Merchant Marine and Fisheries".

Par. (3). Pub. L. 106–514, §4(a)(2), substituted "Such" for "Effective October 1, 1983, such" in concluding provisions.

1999—Pars. (6), (7). Pub. L. 106–167 substituted "John H. Chafee Coastal Barrier Resources System" for "Coastal Barrier Resources System".

1990—Par. (1). Pub. L. 101–591, §2(c), in concluding provisions, struck out cl. (i) designation, inserted a period after "processes", and struck out at end ", and (ii) are not included within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization as defined in section 170(h)(3) of title 26, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes."

Par. (1)(A). Pub. L. 101–591, §2(a), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: "consists of unconsolidated sedimentary materials,".

Par. (6). Pub. L. 101–591, §2(b)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The term 'system maps' means—

"(A) the maps that are entitled 'Coastal Barrier Resources System', numbered A01 through T12 (but excluding maps T02 and T03) and dated September 30, 1982, and the maps numbered T02A and T03A and dated December 8, 1982; and

"(B) the maps prepared under section 3503(b) of this title and any modification to those maps under that section."

1988—Pars. (4) to (7). Pub. L. 100–707 added pars. (4) and (6) and redesignated former pars. (4) and (5) as (5) and (7), respectively.

1986—Par. (1). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.

Par. (3). Pub. L. 99–272 struck out subpar. (A) relating to general revenue-sharing grants made under section 6702 of title 31, and redesignated subpars. (B) to (E) as (A) to (D), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–272, effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272.
16 U.S.C. § 824c (2024) — Title 16: CONSERVATION / Chapter 12: FEDERAL REGULATION AND DEVELOPMENT OF POWER / Subchapter II: REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE / Section 824c: Issuance of securities; assumption of liabilities
Issuance of securities; assumption of liabilities
Status: in_force

(a) Authorization by Commission

No public utility shall issue any security, or assume any obligation or liability as guarantor, indorser, surety, or otherwise in respect of any security of another person, unless and until, and then only to the extent that, upon application by the public utility, the Commission by order authorizes such issue or assumption of liability. The Commission shall make such order only if it finds that such issue or assumption (a) is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility and which will not impair its ability to perform that service, and (b) is reasonably necessary or appropriate for such purposes. The provisions of this section shall be effective six months after August 26, 1935.

(b) Application approval or modification; supplemental orders

The Commission, after opportunity for hearing, may grant any application under this section in whole or in part, and with such modifications and upon such terms and conditions as it may find necessary or appropriate, and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it may find necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which, any security so theretofore authorized or the proceeds thereof may be applied, subject always to the requirements of subsection (a) of this section.

(c) Compliance with order of Commission

No public utility shall, without the consent of the Commission, apply any security or any proceeds thereof to any purpose not specified in the Commission's order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order.

(d) Authorization of capitalization not to exceed amount paid

The Commission shall not authorize the capitalization of the right to be a corporation or of any franchise, permit, or contract for consolidation, merger, or lease in excess of the amount (exclusive of any tax or annual charge) actually paid as the consideration for such right, franchise, permit, or contract.

(e) Notes or drafts maturing less than one year after issuance

Subsection (a) shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than one year after the date of such issue, renewal, or assumption of liability, and aggregating (together with all other then outstanding notes and drafts of a maturity of one year or less on which such public utility is primarily or secondarily liable) not more than 5 per centum of the par value of the other securities of the public utility then outstanding. In the case of securities having no par value, the par value for the purpose of this subsection shall be the fair market value as of the date of issue. Within ten days after any such issue, renewal, or assumption of liability, the public utility shall file with the Commission a certificate of notification, in such form as may be prescribed by the Commission, setting forth such matters as the Commission shall by regulation require.

(f) Public utility securities regulated by State not affected

The provisions of this section shall not extend to a public utility organized and operating in a State under the laws of which its security issues are regulated by a State commission.

(g) Guarantee or obligation on part of United States

Nothing in this section shall be construed to imply any guarantee or obligation on the part of the United States in respect of any securities to which the provisions of this section relate.

(h) Filing duplicate reports with the Securities and Exchange Commission

Any public utility whose security issues are approved by the Commission under this section may file with the Securities and Exchange Commission duplicate copies of reports filed with the Federal Power Commission in lieu of the reports, information, and documents required under sections 77g, 78l, and 78m of title 15.

(June 10, 1920, ch. 285, pt. II, §204, as added Aug. 26, 1935, ch. 687, title II, §213, 49 Stat. 850.)

Executive Documents

Transfer of Functions

Executive and administrative functions of Securities and Exchange Commission, with certain exceptions, transferred to Chairman of such Commission, with authority vested in him to authorize their performance by any officer, employee, or administrative unit under his jurisdiction, by Reorg. Plan No. 10 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 541c (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter II: SCENIC AREAS / Section 541c: Extension of boundaries of Siuslaw National Forest; transfer of Federal property to Secretary
Extension of boundaries of Siuslaw National Forest; transfer of Federal property to Secretary
Status: in_force

(a) The boundaries of the Siuslaw National Forest are hereby extended to include all of the lands lying within the Area as described in accordance with section 541b of this title which are not within the national forest boundaries on December 22, 1974.

(b) Notwithstanding any other provision of law, any Federal property located on the lands added to the Siuslaw National Forest by this section may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary. Any lands so transferred shall become part of the Siuslaw National Forest.

(Pub. L. 93–535, §4, Dec. 22, 1974, 88 Stat. 1733.)
16 U.S.C. § 1463a (2024) — Title 16: CONSERVATION / Chapter 33: COASTAL ZONE MANAGEMENT / Section 1463a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–464, §12(a)–(g), Oct. 17, 1980, 94 Stat. 2067; Pub. L. 98–620, title IV, §402(20), Nov. 8, 1984, 98 Stat. 3358, which required the Secretary of Commerce to submit to Congress any final rule promulgated pursuant to this chapter and provided procedures for Congressional disapproval of such rules was omitted pursuant to section 12(h) of Pub. L. 96–464, which provided that this section would cease to have any force or effect after Sept. 30, 1985.
16 U.S.C. § 742a (2024) — Title 16: CONSERVATION / Chapter 9: FISH AND WILDLIFE SERVICE / Section 742a: Declaration of policy
Declaration of policy
Status: in_force

The Congress declares that the fish, shellfish, and wildlife resources of the Nation make a material contribution to our national economy and food supply, as well as a material contribution to the health, recreation, and well-being of our citizens; that such resources are a living, renewable form of national wealth that is capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely exploited; that such resources afford outdoor recreation throughout the Nation and provide employment, directly or indirectly, to a substantial number of citizens; that the fishing industries strengthen the defense of the United States through the provision of a trained seafaring citizenry and action-ready fleets of seaworthy vessels; that the training and sport afforded by fish and wildlife resources strengthen the national defense by contributing to the general health and physical fitness of millions of citizens; and that properly developed, such fish and wildlife resources are capable of steadily increasing these valuable contributions to the life of the Nation.

The Congress further declares that the fishing industry, in its several branches, can prosper and thus fulfill its proper function in national life only if certain fundamental needs are satisfied by means that are consistent with the public interest and in accord with constitutional functions of governments. Among these needs are:

(1) Freedom of enterprise—freedom to develop new areas, methods, products, and markets in accordance with sound economic principles, as well as freedom from unnecessary administrative or legal restrictions that unreasonably conflict with or ignore economic needs;

(2) Protection of opportunity—maintenance of an economic atmosphere in which domestic production and processing can prosper; protection from subsidized competing products; protection of opportunity to fish on the high seas in accordance with international law;

(3) Assistance—assistance consistent with that provided by the Government for industry generally, such as is involved in promoting good industrial relations, fair trade standards, harmonious labor relations, better health standards and sanitation; and including, but not limited to—

(a) services to provide current information on production and trade, market promotion and development, and an extension service,

(b) research services for economic and technologic development and resource conservation, and

(c) resource management to assure the maximum sustainable production for the fisheries.

The Congress further declares that the provisions of this Act are necessary in order to accomplish the objective of proper resource development, and that this Act shall be administered with due regard to the inherent right of every citizen and resident of the United States to engage in fishing for his own pleasure, enjoyment, and betterment, and with the intent of maintaining and increasing the public opportunities for recreational use of our fish and wildlife resources, and stimulating the development of a strong, prosperous, and thriving fishery and fish processing industry.

(Aug. 8, 1956, ch. 1036, §2, 70 Stat. 1119.)

Editorial Notes

References in Text

This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, known as the Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classification of this Act to the Code, see Short Title note below and Tables.

Statutory Notes and Related Subsidiaries

Short Title of 2018 Amendment

Pub. L. 115–168, §1, Apr. 23, 2018, 132 Stat. 1284, provided that: "This Act [amending section 742f of this title] may be cited as the 'Keep America's Refuges Operational Act'."

Short Title of 2011 Amendment

Pub. L. 111–357, §1, Jan. 4, 2011, 124 Stat. 3979, provided that: "This Act [amending sections 742f and 742f–1 of this title] may be cited as the 'National Wildlife Refuge Volunteer Improvement Act of 2010'."

Short Title of 2004 Amendment

Pub. L. 108–327, §1, Oct. 16, 2004, 118 Stat. 1271, provided that: "This Act [amending sections 742f and 742f–1 of this title] may be cited as the 'National Wildlife Refuge Volunteer Act of 2004'."

Short Title of 1998 Amendments

Pub. L. 105–328, §1, Oct. 30, 1998, 112 Stat. 3057, provided that: "This Act [amending section 742l of this title and enacting provisions set out as a note under section 742l of this title] may be cited as the 'Fish and Wildlife Revenue Enhancement Act of 1998'."

Pub. L. 105–242, §1, Oct. 5, 1998, 112 Stat. 1574, provided that: "This Act [amending section 742f of this title and enacting provisions set out as notes under section 742f of this title] may be cited as the 'National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998'."

Short Title of 1978 Amendment

Pub. L. 95–616, §1, Nov. 8, 1978, 92 Stat. 3110, provided: "That this Act [enacting sections 695j–1, 712, 742l of this title and amending sections 460k–3, 666g, 668a, 668dd, 690e, 695i, 706, 715d, 715i, 715j, 718b, 718c, 718f, 742f, 753a of this title and sections 1114, 3112 of Title 18, Crimes and Criminal Procedure] may be cited as the 'Fish and Wildlife Improvement Act of 1978'."

Short Title

Act Aug. 8, 1956, ch. 1036, §1, 70 Stat. 1119, provided: "This Act [enacting this section and sections 742b to 742d and 742e to 742j of this title and amending section 713c–3 of Title 15, Commerce and Trade] may be cited as the 'Fish and Wildlife Act of 1956'."
16 U.S.C. § 831o (2024) — Title 16: CONSERVATION / Chapter 12A: TENNESSEE VALLEY AUTHORITY / Section 831o: Completion of unfinished plants authorized
Completion of unfinished plants authorized
Status: in_force

The Board, whenever the President deems it advisable, is empowered and directed to complete Dam Numbered 2 at Muscle Shoals, Alabama, and the steam plant at nitrate plant numbered 2, in the vicinity of Muscle Shoals, by installing in Dam Numbered 2 the additional power units according to the plans and specifications of said dam, and the additional power unit in the steam plant at nitrate plant numbered 2.

(May 18, 1933, ch. 32, §16, 48 Stat. 67; Pub. L. 108–447, div. C, title VI, §603(a)(2), Dec. 8, 2004, 118 Stat. 2966.)

Editorial Notes

Amendments

2004—Pub. L. 108–447 substituted "Board" for "board".

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section 831a of this title.