16 U.S.C. § 8451 (2024) — Title 16: CONSERVATION / Chapter 103: EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES / Subchapter I: OUTDOOR RECREATION AND INFRASTRUCTURE / Section 8451: Connect our parks
Connect our parks
Status: in_force

(a) Definitions

In this section:

(1) Appropriate committees of Congress

The term "appropriate committees of Congress" means—

(A) the Committee on Energy and Natural Resources of the Senate;

(B) the Committee on Commerce, Science, and Transportation of the Senate;

(C) the Committee on Natural Resources of the House of Representatives; and

(D) the Committee on Energy and Commerce of the House of Representatives.

(2) Broadband internet access service

The term "broadband internet access service" has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations (or a successor regulation).

(3) Cellular service

The term "cellular service" has the meaning given the term in section 22.99 of title 47, Code of Federal Regulations (or a successor regulation).

(4) National Park

The term "National Park" means a unit of the National Park System.

(5) Secretary

The term "Secretary" means the Secretary of the Interior, acting through the Director of the National Park Service.

(b) Assessment

(1) In general

Not later than 1 year after January 4, 2025, the Secretary shall complete an assessment of National Parks to identify—

(A) locations in National Parks in which there is the greatest need for broadband internet access service, based on the considerations described in paragraph (2)(A); and

(B) areas in National Parks in which there is the greatest need for cellular service, based on the considerations described in paragraph (2)(B).

(2) Considerations

(A) Broadband internet access service

For purposes of identifying locations in National Parks under paragraph (1)(A), the Secretary shall consider, with respect to each National Park, the availability of broadband internet access service in—

(i) housing;

(ii) administrative facilities and related structures;

(iii) lodging;

(iv) developed campgrounds; and

(v) any other location within the National Park in which broadband internet access service is determined to be necessary by the superintendent of the National Park.

(B) Cellular service

For purposes of identifying areas in National Parks under paragraph (1)(B), the Secretary shall consider, with respect to each National Park, the availability of cellular service in any developed area within the National Park that would increase—

(i) the access of the public to emergency services and traveler information technologies; or

(ii) the communications capabilities of National Park Service employees.

(3) Report

On completion of the assessment under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, and make available on the website of the Department of the Interior, a report describing the results of the assessment.

(c) Plan

(1) In general

Not later than 3 years after January 4, 2025, the Secretary shall develop a plan, based on the results of the assessment completed under subsection (b) and subject to paragraph (4)—

(A) to install broadband internet access service infrastructure in certain locations in National Parks; and

(B) to install cellular service equipment and infrastructure in certain areas of National Parks.

(2) Consultation

In developing the plan under paragraph (1), the Secretary shall consult with—

(A) affected Indian Tribes; and

(B) local stakeholders that the superintendent of the applicable National Park determines to be appropriate.

(3) Requirements

The plan developed under paragraph (1) shall—

(A) provide for avoiding or minimizing impacts to—

(i) National Park viewsheds;

(ii) cultural and natural resources;

(iii) the visitor experience;

(iv) historic properties and the viewsheds of historic properties; and

(v) other resources or values of the National Park.

(B) provide for infrastructure providing broadband internet access service or cellular service to be located in—

(i) previously disturbed or developed areas; or

(ii) areas zoned for uses that would support the infrastructure;

(C) provide for the use of public-private partnerships—

(i) to install broadband internet access service or cellular service equipment; and

(ii) to provide broadband internet access service or cellular service;

(D) be technology neutral; and

(E) in the case of broadband internet access service, provide for broadband internet access service of at least—

(i) a 100–Mbps downstream transmission capacity; and

(ii) a 20–Mbps upstream transmission capacity.

(4) Limitation

Notwithstanding paragraph (1), a plan developed under that paragraph shall not be required to address broadband internet access service or cellular service in any National Park with respect to which the superintendent of the National Park determines that there is adequate access to broadband internet access service or cellular service, as applicable.

(Pub. L. 118–234, title I, §141, Jan. 4, 2025, 138 Stat. 2862.)
16 U.S.C. § 590p (2024) — Title 16: CONSERVATION / Chapter 3B: SOIL CONSERVATION / Section 590p: Repealed. Pub. L. 104-127, title III, §336(b)(1), Apr. 4, 1996, 110 Stat. 1006
Repealed. Pub. L. 104-127, title III, §336(b)(1), Apr. 4, 1996, 110 Stat. 1006
Status: repealed

Section, act Apr. 27, 1935, ch. 85, §16, as added Feb. 29, 1936, ch. 104, §1, 49 Stat. 1151; amended Aug. 7, 1956, ch. 1030, §1, 70 Stat. 1115; Sept. 14, 1960, Pub. L. 86–793, §1, 74 Stat. 1030; Mar. 22, 1961, Pub. L. 87–5, §2, 75 Stat. 6; Aug. 8, 1961, Pub. L. 87–128, title I, §132, title IV, §401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L. 87–425, §2, 76 Stat. 50; May 15, 1962, Pub. L. 87–451, §4, 76 Stat. 70; Sept. 27, 1962, Pub. L. 87–703, title I, §101(4), (5), title III, §302, 76 Stat. 606, 607, 612; May 20, 1963, Pub. L. 88–26, §3, 77 Stat. 45; Nov. 3, 1965, Pub. L. 89–321, title III, §302, title VI, §602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L. 90–559, §1(1), 82 Stat. 996; Nov. 18, 1969, Pub. L. 91–118, §§1–3, 83 Stat. 194, 195; Nov. 30, 1970, Pub. L. 91–524, title VIII, §801, 84 Stat. 1379; June 6, 1980, Pub. L. 96–263, §1, 94 Stat. 438; Nov. 28, 1990, Pub. L. 101–624, title XIV, §1455, 104 Stat. 3614; Nov. 2, 1994, Pub. L. 103–437, §6(s), 108 Stat. 4587, related to limitation on obligations incurred for purpose of carrying out certain sections and Great Plains conservation program.
16 U.S.C. § 423j (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LX: NATIONAL MILITARY PARKS / Section 423j: Repealed. Pub. L. 106-511, title V, §507, Nov. 13, 2000, 114 Stat. 2376
Repealed. Pub. L. 106-511, title V, §507, Nov. 13, 2000, 114 Stat. 2376
Status: repealed

Section 423j, act Mar. 2, 1936, ch. 113, §1, 49 Stat. 1155, related to establishment of Richmond National Battlefield Park.

Section 423k, act Mar. 2, 1936, ch. 113, §2, 49 Stat. 1156, related to acceptance of donations of lands and funds and acquisitions of lands for Richmond National Battlefield Park.

Section 423l, act Mar. 2, 1936, ch. 113, §3, 49 Stat. 1156, related to administration, protection, and development of Richmond National Battlefield Park.

See sections 423l–1 to 423l–6 of this title.
16 U.S.C. § 2508 (2024) — Title 16: CONSERVATION / Chapter 45: URBAN PARK AND RECREATION RECOVERY PROGRAM / Section 2508: Repealed. Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272
Repealed. Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272
Status: repealed

Section, Pub. L. 95–625, title X, §1009, Nov. 10, 1978, 92 Stat. 3543, related to matching requirements; non-Federal share of project costs. See section 200506 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 669e (2024) — Title 16: CONSERVATION / Chapter 5B: WILDLIFE RESTORATION / Section 669e: Submission and approval of plans and projects
Submission and approval of plans and projects
Status: in_force

(a) Setting aside funds

Any State desiring to avail itself of the benefits of this chapter shall, by its State fish and game department, submit programs or projects for wildlife restoration in either of the following two ways:

(1) The State shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation of these resources for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a period of not less than five years and be based on projections of desires and needs of the people for a period of not less than fifteen years. It shall include provisions for updating at intervals of not more than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the Interior finds that such plans conform to standards established by him and approves such plans, he may finance up to 75 per centum of the cost of implementing segments of those plans meeting the purposes of this chapter from funds apportioned under this chapter upon his approval of an annual agreement submitted to him.

(2) A State may elect to avail itself of the benefits of this chapter by its State fish and game department submitting to the Secretary of the Interior full and detailed statements of any wildlife-restoration project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately set aside so much of said fund as represents the share of the United States payable under this chapter on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof.

The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive wildlife plans or projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this chapter. No payment of any money apportioned under this chapter shall be made on any comprehensive wildlife plan or project until an agreement to participate therein shall have been submitted to and approved by the Secretary of the Interior.

(b) "Project" defined

If the State elects to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan under option (1) of subsection (a) of this section, then the term "project" may be defined for the purposes of this chapter as a wildlife program, all other definitions notwithstanding.

(c) Costs

Administrative costs in the form of overhead or indirect costs for services provided by State central service activities outside of the State agency having primary jurisdiction over the wildlife resources of the State which may be charged against programs or projects supported by the fund established by section 669b of this title shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the State.

(Sept. 2, 1937, ch. 899, §6, 50 Stat. 918; 1939 Reorg. Plan No. II, §4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91–503, title I, §102, Oct. 23, 1970, 84 Stat. 1099.)

Editorial Notes

Amendments

1970—Subsec. (a). Pub. L. 91–503 inserted an alternative method of application for funds by the submission of a comprehensive fish and wildlife resource management plan for a period of five years based on projections for fifteen years, to be updated every three years, laid down a maximum limit of federal assistance of 75 percent of the estimated cost of the implementation of the plan, and, in the existing method of application, now contained in par. (2), struck out reference to Secretary of the Treasury and the requirement that the State pay 10 percent of the costs.

Subsecs. (b), (c). Pub. L. 91–503 added subsecs. (b) and (c).

Executive Documents

Transfer of Functions

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
16 U.S.C. § 5304 (2024) — Title 16: CONSERVATION / Chapter 73: RHINOCEROS AND TIGER CONSERVATION / Section 5304: Rhinoceros and tiger conservation assistance
Rhinoceros and tiger conservation assistance
Status: in_force

(a) In general

The Secretary, subject to the availability of appropriations and in consultation with the Administrator, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers.

(b) Project proposal

A country whose activities directly or indirectly affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall—

(1) name the individual responsible for conducting the project;

(2) state the purposes of the project succinctly;

(3) describe the qualifications of the individuals who will conduct the project;

(4) estimate the funds and time required to complete the project;

(5) provide evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; and

(6) provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this chapter.

(c) Project review and approval

Within 30 days of receiving a final project proposal, the Secretary shall provide a copy of the proposal to the Administrator. The Secretary shall review each final project proposal to determine if it meets the criteria set forth in subsection (d). Not later than 6 months after receiving a final project proposal, and subject to the availability of funds, the Secretary, after consulting with the Administrator, shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal and to the Administrator.

(d) Criteria for approval

The Secretary may approve a project under this section if the project will enhance programs for conservation of rhinoceros or tigers by assisting efforts to—

(1) implement conservation programs;

(2) enhance compliance with provisions of CITES and laws of the United States or a foreign country that prohibit or regulate the taking or trade of rhinoceros or tigers or the use of rhinoceros or tiger habitat; or

(3) develop sound scientific information on that species' habitat condition and carrying capacity, total numbers and population trends, or annual reproduction and mortality.

(e) Project sustainability

To the maximum extent practical, in determining whether to approve project proposals under this section, the Secretary shall give consideration to projects which will enhance sustainable conservation programs to ensure effective long-term conservation of rhinoceros and tigers.

(f) Project reporting

Each person that receives assistance under this section for a project shall provide periodic reports, as the Secretary considers necessary, to the Secretary and the Administrator. Each report shall include all information requested by the Secretary, after consulting with the Administrator, for evaluating the progress and success of the project.

(g) Multiyear grants

(1) Authorization

The Secretary may award to a person who is otherwise eligible for a grant under this section a multiyear grant of up to 5 years to carry out a project that the person demonstrates is an effective, long-term conservation strategy for rhinoceroses or tigers and the habitat of rhinoceroses or tigers.

(2) Effect

Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis.

(Pub. L. 103–391, §5, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 107–112, §5, Jan. 8, 2002, 115 Stat. 2098; Pub. L. 110–132, §3(a), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 118–159, div. E, title LIII, §5305(a), Dec. 23, 2024, 138 Stat. 2445.)

Editorial Notes

Amendments

2024—Subsec. (g). Pub. L. 118–159 added subsec. (g).

2007—Subsec. (c). Pub. L. 110–132 substituted "and to the Administrator" for ", to the Administrator, and to each country within which the project is to be conducted" in third sentence.

2002—Subsec. (e). Pub. L. 107–112 amended heading and text generally. Prior to amendment, text read as follows: "To the maximum extent practical, the Secretary should give consideration to projects which will enhance sustainable development programs to ensure effective, long-term conservation of rhinoceros and tigers."
16 U.S.C. § 1867 (2024) — Title 16: CONSERVATION / Chapter 38: FISHERY CONSERVATION AND MANAGEMENT / Subchapter IV: NATIONAL FISHERY MANAGEMENT PROGRAM / Section 1867: Cooperative research and management program
Cooperative research and management program
Status: in_force

(a) In general

The Secretary of Commerce, in consultation with the Councils, shall establish a cooperative research and management program to address needs identified under this chapter and under any other marine resource laws enforced by the Secretary. The program shall be implemented on a regional basis and shall be developed and conducted through partnerships among Federal, State, and Tribal managers and scientists (including interstate fishery commissions), fishing industry participants (including use of commercial charter or recreational vessels for gathering data), and educational institutions.

(b) Eligible projects

The Secretary shall make funds available under the program for the support of projects to address critical needs identified by the Councils in consultation with the Secretary. The program shall promote and encourage efforts to utilize sources of data maintained by other Federal agencies, State agencies, or academia for use in such projects.

(c) Funding

In making funds available the Secretary shall award funding on a competitive basis and based on regional fishery management needs, select programs that form part of a coherent program of research focused on solving priority issues identified by the Councils, and shall give priority to the following projects:

(1) Projects to collect data to improve, supplement, or enhance stock assessments, including the use of fishing vessels or acoustic or other marine technology.

(2) Projects to assess the amount and type of bycatch or post-release mortality occurring in a fishery.

(3) Conservation engineering projects designed to reduce bycatch, including avoidance of post-release mortality, reduction of bycatch in high seas fisheries, and transfer of such fishing technologies to other nations.

(4) Projects for the identification of habitat areas of particular concern and for habitat conservation.

(5) Projects designed to collect and compile economic and social data.

(d) Experimental permitting process

Not later than 180 days after January 12, 2007, the Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental fishing permits.

(e) Guidelines

The Secretary, in consultation with the Councils, shall establish guidelines to ensure that participation in a research project funded under this section does not result in loss of a participant's catch history or unexpended days-at-sea as part of a limited entry system.

(f) Exempted projects

The procedures of this section shall not apply to research funded by quota set-asides in a fishery.

(Pub. L. 94–265, title III, §318, as added Pub. L. 109–479, title II, §204, Jan. 12, 2007, 120 Stat. 3614.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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.
16 U.S.C. § 471c (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 471c: Lands in California set aside as reserved forest lands
Lands in California set aside as reserved forest lands
Status: in_force

The tracts of land in the State of California known and described as follows: Commencing at the northwest corner of township 2 north, range 19 east Mount Diablo meridian, thence eastwardly on the line between townships 2 and 3 north, ranges 24 and 25 east; thence southwardly on the line between ranges 24 and 25 east to the Mount Diablo base line; thence eastwardly on said base line to the corner to township 1 south, ranges 25 and 26 east; thence southwardly on the line between ranges 25 and 26 east to the southeast corner of township 2 south, range 25 east; thence eastwardly on the line between townships 2 and 3 south, range 26 east to the corner to townships 2 and 3 south, ranges 26 and 27 east; thence southwardly on the line between ranges 26 and 27 east to the first standard parallel south; thence westwardly on the first standard parallel south to the southwest corner of township 4 south, range 19 east; thence northwardly on the line between ranges 18 and 19 east to the northwest corner of township 2 south, range 19 east; thence westwardly on the line between townships 1 and 2 south to the southwest corner of township 1 south, range 19 east; thence northwardly on the line between ranges 18 and 19 east to the northwest corner of township 2 north, range 19 east, the place of beginning, are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands; and all persons who shall locate or settle upon, or occupy the same or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom. Nothing in this section and sections 55, 61, and 471d of this title shall be construed as in anywise affecting any bona fide entry of land made within the limits above described under any law of the United States prior to October 1, 1890.

(Oct. 1, 1890, ch. 1263, §1, 26 Stat. 650.)

Editorial Notes

Codification

Section was formerly set out as section 44 of this title. As originally enacted, this section contained two further provisions that "nothing in this act shall be construed as in any wise affecting the grant of lands made to the State of California by virtue of the act entitled 'An act authorizing a grant to the State of California of the Yosemite Valley, and of the land' embracing the Mariposa Big-Tree Grove, approved June thirtieth, eighteen hundred and sixty-four; or as affecting any bona-fide entry of land made within the limits above described under any law of the United States prior to the approval of this act." The first quoted provision was omitted from the Code because the land, granted to the state of California pursuant to the Act cited, was receded to the United States. Resolution June 11, 1906, No. 27, accepted the recession.
16 U.S.C. § 284j (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXXV: WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS / Section 284j: Definitions
Definitions
Status: in_force

As used in this subchapter, the term—

(1) "Secretary" means the Secretary of the Interior.

(2) "Park" means the Wolf Trap National Park for the Performing Arts established under this subchapter, including the Center.

(3) "Center" means the Filene Center in the Park. Such term includes all real property and fixtures which are within or directly related to the Filene Center.

(4) "Foundation" means the Wolf Trap Foundation for the Performing Arts organized pursuant to the District of Columbia Nonprofit Organization Act.

(Pub. L. 89–671, §11, as added Pub. L. 97–310, Oct. 14, 1982, 96 Stat. 1458; Pub. L. 107–219, §1(a)(1), Aug. 21, 2002, 116 Stat. 1330.)

Editorial Notes

References in Text

The District of Columbia Nonprofit Corporation Act, referred to in par. (4), is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.

Amendments

2002—Par. (2). Pub. L. 107–219 substituted "Wolf Trap National Park for the Performing Arts" for "Wolf Trap Farm Park".
16 U.S.C. § 3171 (2024) — Title 16: CONSERVATION / Chapter 51: ALASKA NATIONAL INTEREST LANDS CONSERVATION / Subchapter IV: TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS / Section 3171: Temporary access
Temporary access
Status: in_force

(a) In general

Notwithstanding any other provision of this Act or other law the Secretary shall authorize and permit temporary access by the State or a private landowner to or across any conservation system unit, national recreation area, national conservation area, the National Petroleum Reserve—Alaska or those public lands designated as wilderness study or managed to maintain the wilderness character or potential thereof, in order to permit the State or private landowner access to its land for purposes of survey, geophysical, exploratory, or other temporary uses thereof whenever he determines such access will not result in permanent harm to the resources of such unit, area, Reserve or lands.

(b) Stipulations and conditions

In providing temporary access pursuant to subsection (a), the Secretary may include such stipulations and conditions he deems necessary to insure that the private use of public lands is accomplished in a manner that is not inconsistent with the purposes for which the public lands are reserved and which insures that no permanent harm will result to the resources of the unit, area, Reserve or lands.

(Pub. L. 96–487, title XI, §1111, Dec. 2, 1980, 94 Stat. 2465.)

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
16 U.S.C. § 21c (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter V: YELLOWSTONE NATIONAL PARK / Section 21c: Section 485 as extending to revised boundaries; lands acquired by exchange
Section 485 as extending to revised boundaries; lands acquired by exchange
Status: in_force

The provisions of section 485 of this title shall continue to be applicable to the areas included within the Yellowstone National Park by section 21a of this title, and any lands within such areas acquired by exchange thereunder shall thereupon become a part of the Yellowstone National Park.

(Mar. 1, 1929, ch. 437, §3, 45 Stat. 1436.)
16 U.S.C. § 2103d (2024) — Title 16: CONSERVATION / Chapter 41: COOPERATIVE FORESTRY ASSISTANCE / Section 2103d: Community forest and open space conservation program
Community forest and open space conservation program
Status: in_force

(a) Definitions

In this section:

(1) Eligible entity

The term "eligible entity" means a local governmental entity, Indian tribe, or nonprofit organization that owns or acquires a parcel under the program.

(2) Indian tribe

The term "Indian tribe" has the meaning given the term in section 5304 of title 25.

(3) Local governmental entity

The term "local governmental entity" includes any municipal government, county government, or other local government body with jurisdiction over local land use decisions.

(4) Nonprofit organization

The term "nonprofit organization" means any organization that—

(A) is described in section 170(h)(3) of title 26; and

(B) operates in accordance with 1 or more of the purposes specified in section 170(h)(4)(A) of title 26.

(5) Program

The term "Program" means the community forest and open space conservation program established under subsection (b).

(6) Secretary

The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(b) Establishment

The Secretary shall establish a program, to be known as the "community forest and open space conservation program".

(c) Grant program

(1) In general

The Secretary may award grants to eligible entities to acquire private forest land,1 to be owned in fee simple, that—

(A) are threatened by conversion to nonforest uses; and

(B) provide public benefits to communities, including—

(i) economic benefits through sustainable forest management;

(ii) environmental benefits, including clean water and wildlife habitat;

(iii) benefits from forest-based educational programs, including vocational education programs in forestry;

(iv) benefits from serving as models of effective forest stewardship for private landowners; and

(v) recreational benefits, including hunting and fishing.

(2) Federal cost share

An eligible entity may receive a grant under the Program in an amount equal to not more than 50 percent of the cost of acquiring 1 or more parcels, as determined by the Secretary.

(3) Non-Federal share

As a condition of receipt of the grant, an eligible entity that receives a grant under the Program shall provide, in cash, donation, or in kind, a non-Federal matching share in an amount that is at least equal to the amount of the grant received.

(4) Appraisal of parcels

To determine the non-Federal share of the cost of a parcel of privately-owned forest land under paragraph (2), an eligible entity shall require appraisals of the land that comply with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference.

(5) Application

An eligible entity that seeks to receive a grant under the Program shall submit to the State forester or equivalent official (or in the case of an Indian tribe, an equivalent official of the Indian tribe) an application that includes—

(A) a description of the land to be acquired;

(B) a forest plan that provides—

(i) a description of community benefits to be achieved from the acquisition of the private forest land; and

(ii) an explanation of the manner in which any private forest land to be acquired using funds from the grant will be managed; and

(C) such other relevant information as the Secretary may require.

(6) Effect on trust land

(A) Ineligibility

The Secretary shall not provide a grant under the Program for any project on land held in trust by the United States (including Indian reservations and allotment land).

(B) Acquired land

No land acquired using a grant provided under the Program shall be converted to land held in trust by the United States on behalf of any Indian tribe.

(7) Applications to Secretary

The State forester or equivalent official (or in the case of an Indian tribe, an equivalent official of the Indian tribe) shall submit to the Secretary a list that includes a description of each project submitted by an eligible entity at such times and in such form as the Secretary shall prescribe.

(d) Duties of eligible entity

An eligible entity shall provide public access to, and manage, forest land acquired with a grant under this section in a manner that is consistent with the purposes for which the land was acquired under the Program.

(e) Prohibited uses

(1) In general

Subject to paragraphs (2) and (3), an eligible entity that acquires a parcel under the Program shall not sell the parcel or convert the parcel to nonforest use.

(2) Reimbursement of funds

An eligible entity that sells or converts to nonforest use a parcel acquired under the Program shall pay to the Federal Government an amount equal to the greater of the current sale price, or current appraised value, of the parcel.

(3) Loss of eligibility

An eligible entity that sells or converts a parcel acquired under the Program shall not be eligible for additional grants under the Program.

(f) State administration and technical assistance

The Secretary may allocate not more than 10 percent of all funds made available to carry out the Program for each fiscal year to State foresters or equivalent officials (including equivalent officials of Indian tribes) for Program administration and technical assistance.

(g) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 95–313, §7A, as added Pub. L. 110–234, title VIII, §8003(b), May 22, 2008, 122 Stat. 1281, and Pub. L. 110–246, §4(a), title VIII, §8003(b), June 18, 2008, 122 Stat. 1664, 2043.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment 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 a note under section 8701 of Title 7, Agriculture.

Findings

Pub. L. 110–234, title VIII, §8003(a), May 22, 2008, 122 Stat. 1281, and Pub. L. 110–246, §4(a), title VIII, §8003(a), June 18, 2008, 122 Stat. 1664, 2043, provided that: "Congress finds that—

"(1) the Forest Service projects that, by calendar year 2030, approximately 44,000,000 acres of privately-owned forest land will be developed throughout the United States;

"(2) public access to parcels of privately-owned forest land for outdoor recreational activities, including hunting, fishing, and trapping, has declined and, as a result, participation in those activities has also declined in cases in which public access is not secured;

"(3) rising rates of obesity and other public health problems relating to the inactivity of the citizens of the United States have been shown to be ameliorated by improving public access to safe and attractive areas for outdoor recreation;

"(4) in rapidly-growing communities of all sizes throughout the United States, remaining parcels of forest land play an essential role in protecting public water supplies;

"(5) forest parcels owned by local governmental entities and nonprofit organizations are providing important demonstration sites for private landowners to learn forest management techniques;

"(6) throughout the United States, communities of diverse types and sizes are deriving significant financial and community benefits from managing forest land owned by local governmental entities for timber and other forest products; and

"(7) there is an urgent need for local governmental entities to be able to leverage financial resources in order to purchase important parcels of privately-owned forest land as the parcels are offered for sale."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

1 So in original. Probably should be "lands,".
16 U.S.C. § 544k (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter II: SCENIC AREAS / Section 544k: Tributary rivers and streams
Tributary rivers and streams
Status: in_force

(a) Water resources projects

The following rivers and streams shall be subject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)):

(1) any tributary river or stream to the Columbia River not designated in subsections 1 (c) or (d) of this section or otherwise specified in this subsection which flows in whole or in part through a special management area, unless the construction of a water resources project would not have a direct and adverse effect on the scenic, cultural, recreation, and natural resources of the scenic area;

(2) any river or river segment which flows in whole or in part through the scenic area and which is established pursuant to State law as a wild, scenic, or recreation river or which is under study pursuant to State law for the potential inclusion in any such State protected river system, unless such project or projects meet terms and conditions set by State agencies exercising administration over such river or river segment;

(3) the Wind River, Washington, for a period not less than three years following the later of—

(A) final approval of the Gifford Pinchot National Forest Plan, adopted pursuant to the National Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended) (16 U.S.C. 1600 et seq.); or

(B) submittal by the Secretary of a report to the President on the suitability or nonsuitability for addition to the national wild and scenic rivers system and a report by the President to the Congress of recommendations and proposals with respect to the designation of such river under the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.];

(4) the Hood River, Oregon, if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986; and

(5) the segment of the Little White Salmon, Washington, from the Willard National Fish Hatchery to its confluence with the Columbia River if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986.

(b) Exceptions

The provisions of subsection (a) shall not apply to those portions of tributary rivers or streams to the Columbia River which flow through or border on Indian reservations. Nothing in this section shall apply to or affect any segment of any river designated as a wild and scenic river under section 3 of the Wild and Scenic Rivers Act (16 U.S.C. 1274) or any river designated for study under section 5 of such Act (16 U.S.C. 1276).

(Pub. L. 99–663, §13(a), (b), Nov. 17, 1986, 100 Stat. 4293, 4294; Pub. L. 111–11, title I, §1203(b), Mar. 30, 2009, 123 Stat. 1012.)

Editorial Notes

References in Text

Subsection (c) or (d) of this section, referred to in subsec. (a)(1), is subsec. (c) or (d) of section 13 of Pub. L. 99–663, Nov. 17, 1986, 100 Stat. 4294, which amended sections 1274(a) and 1276(a), respectively, of this title.

The National Forest Management Act of 1976, referred to in subsec. (a)(3)(A), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables.

The Wild and Scenic Rivers Act, referred to in subsec. (a)(3)(B), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§1271 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of this title and Tables.

Codification

Section 13 of Pub. L. 99–663, which enacted this section, consisted of subsecs. (a) to (d). Subsecs. (a) and (b) of section 13 were classified to this section, and subsecs. (c) and (d) of section 13 amended sections 1274 and 1276 of this title, respectively.

Amendments

2009—Subsec. (a)(4). Pub. L. 111–11 struck out "for a period not to exceed twenty years from November 17, 1986," before "if such facility".

1 So in original. Probably should be "subsection".
16 U.S.C. § 1911 (2024) — Title 16: CONSERVATION / Chapter 39: MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS / Section 1911: Repealed. Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272
Repealed. Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272
Status: repealed

Section, Pub. L. 94–429, §12, Sept. 28, 1976, 90 Stat. 1344, related to acquisition of land by Secretary. See section 100736 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 460h (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXVII: COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS / Section 460h: Costs of surveys or relocation of boundaries
Costs of surveys or relocation of boundaries
Status: in_force

The costs of any surveys or the relocation of boundary markers necessary as an incident of a conveyance or other property transfer under this subchapter shall be borne by the grantee.

(Aug. 6, 1956, ch. 987, §4, 70 Stat. 1066.)
16 U.S.C. § 8542 (2024) — Title 16: CONSERVATION / Chapter 103: EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES / Subchapter III: SIMPLIFYING OUTDOOR ACCESS FOR RECREATION / Section 8542: Permit flexibility
Permit flexibility
Status: in_force

(a) In general

The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 6802 of this title (as amended by this title), to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit.

(b) Criteria

For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity—

(1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit;

(2) does not result in a greater impact on natural and cultural resources than the impact of the authorized activity;

(3) does not adversely affect—

(A) any other holder of a special recreation permit or other permit; or

(B) any other authorized use of the Federal recreational lands and waters; and

(4) is consistent with—

(A) any applicable laws (including regulations); and

(B) the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters.

(c) Surrender of unused visitor-use days

(1) In general

A recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) may—

(A) notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and

(B) surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 8547(b) of this title.

(2) Determination

To ensure a recreation service provider described in paragraph (1) is able to make an informed decision before surrendering any unused visitor-use day under paragraph (1)(B), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 8546(b)(3)(B) of this title before the recreation service provider surrenders the unused visitor-use day.

(d) Effect

Nothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law.

(Pub. L. 118–234, title III, §313, Jan. 4, 2025, 138 Stat. 2901.)

Editorial Notes

References in Text

As amended by this title, referred to in subsecs. (a) and (c)(1), means as amended by title III of Pub. L. 118–234.
16 U.S.C. § 1432 (2024) — Title 16: CONSERVATION / Chapter 32: MARINE SANCTUARIES / Section 1432: Definitions
Definitions
Status: in_force

As used in this chapter, the term—

(1) "draft management plan" means the plan described in section 1434(a)(1)(C)(v) 1 of this title;

(2) "Magnuson-Stevens Act" means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

(3) "marine environment" means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive economic zone, consistent with international law;

(4) "Secretary" means the Secretary of Commerce;

(5) "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States;

(6) "damages" includes—

(A) compensation for—

(i)(I) the cost of replacing, restoring, or acquiring the equivalent of a sanctuary resource; and

(II) the value of the lost use of a sanctuary resource pending its restoration or replacement or the acquisition of an equivalent sanctuary resource; or

(ii) the value of a sanctuary resource if the sanctuary resource cannot be restored or replaced or if the equivalent of such resource cannot be acquired;

(B) the cost of damage assessments under section 1443(b)(2) of this title;

(C) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources;

(D) the cost of curation and conservation of archeological, historical, and cultural sanctuary resources; and

(E) the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to, a sanctuary resource;

(7) "response costs" means the costs of actions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title;

(8) "sanctuary resource" means any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, educational, cultural, archeological, scientific, or aesthetic value of the sanctuary; and

(9) "exclusive economic zone" means the exclusive economic zone as defined in the Magnuson-Stevens Act; and

(10) "System" means the National Marine Sanctuary System established by section 1431 of this title.

(Pub. L. 92–532, title III, §302, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, §2, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 97–375, title II, §202(a), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 98–498, title I, §102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100–627, title II, §204(b), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–587, title II, §2102, Nov. 4, 1992, 106 Stat. 5040; Pub. L. 104–283, §9(b), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §§4, 19(b)(1), (2), Nov. 13, 2000, 114 Stat. 2382, 2392, 2393.)

Editorial Notes

References in Text

Section 1434(a)(1)(C) of this title, referred to in par. (1), was amended generally by Pub. L. 106–513, §6(a), Nov. 13, 2000, 114 Stat. 2383, and, as so amended, no longer contains a cl. (v).

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2000—Par. (2). Pub. L. 106–513, §19(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: " 'Magnuson Act' means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);".

Par. (6)(D), (E). Pub. L. 106–513, §4(a), added subpars. (D) and (E).

Par. (7). Pub. L. 106–513, §4(b), inserted ", including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title" after "loss, or injury".

Par. (8). Pub. L. 106–513, §4(c), substituted "educational, cultural, archeological, scientific," for "research, educational,".

Par. (9). Pub. L. 106–513, §19(b)(2), substituted "Magnuson-Stevens Act" for "Magnuson Fishery Conservation and Management Act".

Par. (10). Pub. L. 106–513, §4(d), added par. (10).

1996—Par. (6)(C). Pub. L. 104–283, §9(b)(1), which directed substitution of a semicolon for ", and" at end, was executed by substituting a semicolon for the comma at end to reflect the probable intent of Congress.

Par. (7). Pub. L. 104–283, §9(b)(2), struck out "and" after "injury;".

1992—Par. (1). Pub. L. 102–587, §2102(e)(1), substituted "1434(a)(1)(C)(v)" for "1434(a)(1)(E)".

Par. (3). Pub. L. 102–587, §2102(a), inserted "including the exclusive economic zone," after "jurisdiction,".

Par. (5). Pub. L. 102–587, §2102(e)(2), struck out "and" at end.

Par. (6)(C). Pub. L. 102–587, §2102(b), added subpar. (C).

Par. (7). Pub. L. 102–587, §2102(c), inserted "or authorized" after "taken".

Par. (9). Pub. L. 102–587, §2102(d), added par. (9).

1988—Pars. (6) to (8). Pub. L. 100–627 added pars. (6) to (8).

1984—Pub. L. 98–498 amended section generally, substituting provisions which set forth definitions for provisions which related to the designation of sanctuaries. See section 1433 of this title.

1982—Subsec. (d). Pub. L. 97–375 substituted provision that Secretary submit a biennial report on or before March 1 of every other year beginning in 1984 for provision that Secretary submit an annual report on or before November 1 of each year, and substituted reference to previous two fiscal years for reference to previous fiscal year.

1980—Subsec. (b). Pub. L. 96–332, §2(1), designated existing provisions as par. (1), struck out provision that a designation under this section would become effective sixty days after it was published unless the Governor of any State involved, before the expiration of the sixty-day period, certified to Secretary that the designation, or a specified portion thereof, was unacceptable to his State, in which case the designated sanctuary would not include the area certified as unacceptable until such time as the Governor withdrew his certification of unacceptability, and added par. (2).

Subsec. (f). Pub. L. 96–332, §2(2), designated existing provisions as par. (2), added pars. (1), (3), and (4), and, in par. (2) as so designated, substituted "The Secretary, after consultation with other interested Federal and State agencies, shall issue necessary and reasonable regulations to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such regulations otherwise provide" for "After a marine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, license, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this chapter and can be carried out within the regulations promulgated under this section".

Subsec. (h). Pub. L. 96–332, §2(3), added subsec. (h).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 100–627, title II, §210, Nov. 7, 1988, 102 Stat. 3223, provided that: "Not later than one year after the date of the enactment of this Act [Nov. 7, 1988], the Secretary of Commerce—

"(1) shall propose regulations implementing the amendments made by this title [enacting sections 1440 to 1445 of this title, amending sections 1432, 1434, and 1437 of this title, and repealing section 1438 of this title]; and

"(2) shall issue final regulations implementing the amendments made by the Marine Sanctuaries Amendments of 1984 [enacting sections 1435 to 1439 of this title and amending sections 1431 to 1434 of this title]."

Additional Definitions

Pub. L. 92–532, §3, Oct. 23, 1972, 86 Stat. 1052, which is classified to section 1402 of Title 33, Navigation and Navigable Waters, defines for purposes of this chapter the terms "Administrator", "Ocean waters", "Material", "United States", "Person", "Dumping", "District Court of the United States", "Dredged material", "High-level radioactive waste", and "Transport" or "Transportation".

1 See References in Text note below.
16 U.S.C. § 831r (2024) — Title 16: CONSERVATION / Chapter 12A: TENNESSEE VALLEY AUTHORITY / Section 831r: Patents; access to Patent and Trademark Office and right to copy patents; compensation to patentees
Patents; access to Patent and Trademark Office and right to copy patents; compensation to patentees
Status: in_force

The Corporation, as an instrumentality and agency of the Government of the United States for the purpose of executing its constitutional powers, shall have access to the United States Patent and Trademark Office for the purpose of studying, ascertaining, and copying all methods, formula, and scientific information (not including access to pending applications for patents) necessary to enable the Corporation to use and employ the most efficacious and economical process for the production of fixed nitrogen, or any essential ingredient of fertilizer, or any method of improving and cheapening the production of hydroelectric power, and any owner of a patent whose patent rights may have been thus in any way copied, used, infringed, or employed by the exercise of this authority by the Corporation shall have as the exclusive remedy a cause of action against the Corporation to be instituted and prosecuted on the equity side of the appropriate district court of the United States, for the recovery of reasonable compensation for such infringement. The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall furnish to the Corporation, at its request and without payment of fees, copies of documents on file in his office: Provided, That the benefits of this section shall not apply to any art, machine, method of manufacture, or composition of matter, discovered or invented by such employee during the time of his employment or service with the Corporation or with the Government of the United States.

(May 18, 1933, ch. 32, §19, 48 Stat. 68; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(7)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)

Editorial Notes

Amendments

1999—Pub. L. 106–113 substituted "United States Patent and Trademark Office" for "Patent Office of the United States" and "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office" for "Commissioner of Patents".

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
16 U.S.C. § 410zzz (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LIX: KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK / Section 410zzz: Acquisition of lands
Acquisition of lands
Status: in_force

In order to preserve in public ownership historically significant properties associated with the life and cultural achievements of Augustus Saint-Gaudens, the Secretary of the Interior may acquire, by donation from the Saint-Gaudens Memorial, a corporation, the sites and structures comprising the Saint-Gaudens Memorial situated at Cornish, New Hampshire, and by donation or purchase with donated funds not to exceed three acres of adjacent lands which the Secretary of the Interior deems necessary for the purposes of this subchapter, together with any works of art, furnishings, reproductions, and other properties within the structures and on the memorial grounds.

(Pub. L. 88–543, §1, Aug. 31, 1964, 78 Stat. 749.)

Editorial Notes

Codification

This subchapter is comprised of Pub. L. 88–543, as amended. Pub. L. 88–543 is also listed in a table of National Historic Sites set out under section 320101 of Title 54, National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Designation of Saint-Gaudens National Historical Park

Pub. L. 116–9, title II, §2201(a), (c), Mar. 12, 2019, 133 Stat. 733, 734, provided that:

"(a) In General.—The Saint-Gaudens National Historic Site shall be known and designated as the 'Saint-Gaudens National Historical Park'.

"(c) References.—Any reference in any law, regulation, document, record, map, or other paper of the United States to the Saint-Gaudens National Historic Site shall be considered to be a reference to the 'Saint-Gaudens National Historical Park'."
16 U.S.C. § 460e (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXVII: COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS / Section 460e: Authorization for sale of public lands; rights of lessee
Authorization for sale of public lands; rights of lessee
Status: in_force

Whenever the Secretary of the Army determines that any Government-owned lands other than lands withdrawn or reserved from the public domain within reservoir areas under his control (1) are not required for project purposes or for public recreational use, and (2) are being used for or are available for cottage site development and use, he is authorized to offer such lands, or any part thereof, for sale for such purposes in accordance with the provisions of this subchapter: Provided, however, That any lands held under lease for cottage site purposes on August 6, 1956 shall not be offered for sale to anyone other than the lessee until after sixty days from the date of the written notice to the lessee as provided in section 460f of this title, or the termination or expiration date of such lease, whichever is later, and the lessee shall have the right during such period to purchase any lands leased to him which the Secretary determines are available for sale.

(Aug. 6, 1956, ch. 987, §1, 70 Stat. 1065.)
16 U.S.C. § 7406 (2024) — Title 16: CONSERVATION / Chapter 93: AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING / Section 7406: Prohibited acts
Prohibited acts
Status: in_force

It is unlawful for any person subject to the jurisdiction of the United States—

(1) to violate any provision of this chapter or the regulations issued under this chapter;

(2) to refuse to permit any authorized officer to board, search, or inspect a vessel that is subject to the person's control in connection with the enforcement of this chapter or the regulations issued under this chapter;

(3) to submit false information pursuant to any requirement under this chapter or the regulations issued under this chapter; or

(4) to commit any offense enumerated in paragraph (4), (5), (7), or (9) of section 707(a) 1 of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).

(Pub. L. 114–81, title III, §307, Nov. 5, 2015, 129 Stat. 667.)

Editorial Notes

References in Text

Section 707(a) of the Western and Central Pacific Fisheries Convention Implementation Act, referred to in par. (4), probably means section 507(a) of title V of Pub. L. 109–479, which is classified to section 6906(a) of this title.

1 See References in Text note below.
16 U.S.C. § 521d (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 521d: Sale, exchange, or interchange of National Forest System land
Sale, exchange, or interchange of National Forest System land
Status: in_force

(a) Conveyance authority; consideration

The Secretary is authorized, when the Secretary determines it to be in the public interest—

(1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 521e of this title; and

(2) to accept as consideration for the lands sold, exchanged, or interchanged other lands, interests in lands, or cash payment, or any combination of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary.

(b) Inclusion of terms, covenants, conditions, and reservations

(1) In general

The Secretary shall insert in any such quitclaim deed such terms, covenants, conditions, and reservations as the Secretary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System.

(2) Limitation

Paragraph (1) shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System.

(c) Disposition of proceeds

(1) Deposit in Sisk fund

The net proceeds derived from any sale or exchange conducted under paragraph (4), (5), or (6) of section 521e of this title shall be deposited in the fund established under section 484a of this title.

(2) Use

Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—

(A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived;

(B) the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land that enhance opportunities for recreational access; or

(C) the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 521e of this title if the sale is a competitive sale.

(Pub. L. 97–465, §2, Jan. 12, 1983, 96 Stat. 2535; Pub. L. 115–334, title VIII, §8621(c), Dec. 20, 2018, 132 Stat. 4852.)

Editorial Notes

Amendments

2018—Pub. L. 115–334, §8621(c)(1)–(3), designated first sentence as subsec. (a) and inserted subsec. heading, designated second sentence as par. (1) of subsec. (b), inserted subsec. and par. headings, and substituted "covenants" for "convenants", and designated third sentence as par. (2) of subsec. (b), inserted par. heading, and substituted "Paragraph (1) shall not" for "The preceding sentence shall not".

Subsec. (c). Pub. L. 115–334, §8621(c)(4), added subsec. (c).
16 U.S.C. § 695r (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 695r: Regulations by Secretary
Regulations by Secretary
Status: in_force

The Secretary may prescribe such regulations as may be necessary to carry out the provisions of sections 695k to 695r of this title.

(Pub. L. 88–567, §8, Sept. 2, 1964, 78 Stat. 851.)
16 U.S.C. § 835h (2024) — Title 16: CONSERVATION / Chapter 12D: COLUMBIA BASIN PROJECT / Section 835h: Acts and regulations by Secretary of the Interior
Acts and regulations by Secretary of the Interior
Status: in_force

The Secretary of the Interior is authorized to perform any and all acts and to prescribe such regulations as he may deem appropriate to carry out the provisions of sections 835d to 835g of this title.

(June 29, 1940, ch. 460, §5, 54 Stat. 704.)

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 201 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXII: LASSEN VOLCANIC NATIONAL PARK / Section 201: Establishment; boundaries; trespassers; entries under land laws; indemnity lands
Establishment; boundaries; trespassers; entries under land laws; indemnity lands
Status: in_force

All those certain tracts, pieces, or parcels of land lying and being situate in the State of California and within the boundaries particularly described as follows, to wit: Beginning at the northeast corner of section 3, township 31, range 6 east, Mount Diablo meridian, California; thence southerly to the southeast corner of said section; thence easterly to the northeast corner of the northwest quarter of section 11, said township; thence southerly to the southeast corner of the southwest quarter of section 14, said township; thence easterly to the northeast corner of the northwest quarter of section 24, said township; thence southerly to the southeast corner of the southwest quarter of section 25, said township; thence westerly to the southwest corner of section 26, said township; thence southerly to the southeast corner of section 34, said township; thence westerly along the sixth standard parallel north, allowing for the proper offsets, to the northeast corner of section 3, township 30 north, range 6 east; thence southerly to the southeast corner of section 27, said township; thence westerly to the southwest corner of the southeast quarter of section 28, said township; thence northerly to the northwest corner of the southeast quarter of said section; thence westerly to the southwest corner of the northwest quarter of said section; thence northerly to the northwest corner of said section; thence westerly to the southwest corner of the southeast quarter of section 20, said township; thence northerly to the northwest corner of the southeast quarter of said section; thence westerly to the range line between ranges 5 and 6 east; thence southerly along said range line to the southeast corner of township 30 north, range 5 east; thence westerly along the township line between townships 29 and 30 north to the southwest corner of section 33, township 30 north, range 5 east; thence northerly to the northwest corner of said section; thence westerly to the southwest corner of the southeast quarter of section 29, said township; thence northerly to the northwest corner of the southeast quarter of said section; thence westerly to the southwest corner of the northwest quarter of said section; thence northerly to the northwest corner of said section; thence westerly to the southwest corner of the southeast quarter of section 20, township 30 north, range 4 east; thence northerly to the northwest corner of the southeast quarter of section 8, said township; thence easterly to the northeast corner of the southwest quarter of section 9, said township; thence northerly to the township line between townships 30 and 31 north; thence easterly along the sixth standard parallel north, allowing for the proper offsets, to the southwest corner of section 33, township 31 north, range 4 east; thence northerly to the northwest corner of section 21, said township; thence easterly to the range line between ranges 4 and 5 east; thence northerly along said range line to the northwest corner of fractional section 18, township 31 north, range 5 east; thence easterly to the southwest corner of section 12, said township; thence northerly to the northwest corner of section 1, said township; thence easterly along the township line between townships 31 and 32 north to the northeast corner of section 3, township 31 north, range 6 east, the place of beginning, are reserved and withdrawn from settlement, occupancy, disposal, or sale, under the laws of the United States, and said tracts are dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people of the United States under the name and to be known and designated as the Lassen Volcanic National Park; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and be removed therefrom. Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States before August 9, 1916, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. No lands located within the park boundaries held prior to August 9, 1916, in private, municipal, or State ownership shall be affected by or subject to the provisions of this section and sections 202 and 203 of this title. No lands within the limits of said park created belonging to or claimed by any railroad or other corporation having or claiming on August 9, 1916, the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of said park.

(Aug. 9, 1916, ch. 302, §1, 39 Stat. 442; Jan. 26, 1931, ch. 47, §4, 46 Stat. 1043; Pub. L. 92–510, §4, Oct. 19, 1972, 86 Stat. 918.)

Editorial Notes

Amendments

1972—Pub. L. 92–510 struck out provision that "The United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project."

1931—Act Jan. 26, 1931, forbade acquisition of rights of way for steam and electric railways, automobiles or wagon roads within the park.

Statutory Notes and Related Subsidiaries

Acceptance of Certain Land

Act May 21, 1928, ch. 658, 45 Stat. 644, provided that: "The Secretary of the Interior be, and he is hereby, authorized to accept on behalf of the United States, title to the northeast quarter northeast quarter section 27, township 30 north, range 5 east, Mount Diablo base and meridian, situate within the exterior boundaries of Lassen Volcanic National Park, from the State of California, and in exchange therefor may patent an area of unreserved, vacant, nonmineral public land of equal value situate in the same State. The land which may be acquired by the United States under this Act shall, upon acceptance of title, become a part of Lassen Volcanic National Park."

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 4502 (2024) — Title 16: CONSERVATION / Chapter 65: INTERNATIONAL FORESTRY COOPERATION / Section 4502: Tropical deforestation assessment and assistance
Tropical deforestation assessment and assistance
Status: in_force

In support of the Tropical Forestry Action Plan and to specifically address tropical deforestation and degradation, the Secretary may—

(1) support and actively participate in global and regional meetings that seek to reform such Plan;

(2) together with the United States Agency for International Development,1 and other Federal agencies, provide technical assistance to tropical countries for the formulation of national forestry sector development strategies; and

(3) cooperate with tropical countries on research, training, and technical programs aimed at implementing national forestry sector development strategies.

(Pub. L. 101–513, title VI, §603, Nov. 5, 1990, 104 Stat. 2071.)

1 So in original. The comma probably should not appear.
16 U.S.C. § 428m (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LX: NATIONAL MILITARY PARKS / Section 428m: Authorization of appropriation
Authorization of appropriation
Status: in_force

There is authorized to be appropriated the sum of not to exceed $454,000 for the purpose of acquiring lands, interests in lands, and improvements thereon as may be necessary for carrying out sections 428k to 428o of this title.

(Pub. L. 86–738, §3, Sept. 8, 1960, 74 Stat. 876; Pub. L. 92–272, title I, §101(5), Apr. 11, 1972, 86 Stat. 120.)

Editorial Notes

Amendments

1972—Pub. L. 92–272 increased authorization of appropriations from a sum not to exceed $226,000 to a sum not to exceed $454,000.
16 U.S.C. § 718i (2024) — Title 16: CONSERVATION / Chapter 7: PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS / Subchapter IV: HUNTING AND CONSERVATION STAMP TAX / Section 718i: Use of contest fees
Use of contest fees
Status: in_force

Notwithstanding any other provision of law, funds received by the United States Fish and Wildlife Service in the form of fees for entering any Migratory Bird Hunting and Conservation Stamp contest shall be credited—

(1) first, to the appropriation account from which expenditures for the administration of the contest are made; and

(2) second, to the extent any funds remain, to the Migratory Bird Conservation Fund.

(Mar. 16, 1934, ch. 71, §9, as added Pub. L. 109–266, §10(h), Aug. 3, 2006, 120 Stat. 678.)

Editorial Notes

Prior Provisions

A prior section 9 of act Mar. 16, 1934, was classified to section 718 of this title prior to repeal by Pub. L. 109–266, §10(h), Aug. 3, 2006, 120 Stat. 677.

A prior section 718i, act June 28, 1941, ch. 259, §1, 55 Stat. 356, related to disposal of surplus stamps and restricted use of stamps to the fiscal year for which issued prior to repeal by act July 30, 1956, ch. 782, §3(d), formerly §3(c), 70 Stat. 722, renumbered Pub. L. 109–266, §10(i)(1), Aug. 3, 2006, 120 Stat. 679.
16 U.S.C. § 559e (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 559e: Forest Service authorization
Forest Service authorization
Status: in_force

In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on lands administered by the Forest Service, from amounts appropriated there shall be made available to the Secretary, in addition to sums made available under other authority of law, $10,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for employment and training of additional and existing Forest Service law enforcement personnel, for expenses related to such employment, training, equipment, and facilities, and for cooperative programs with State and local law enforcement agencies.

(Pub. L. 99–570, title XV, §15006, Oct. 27, 1986, 100 Stat. 3207–192; Pub. L. 100–690, title VI, §6254(d)(1), Nov. 18, 1988, 102 Stat. 4364.)

Editorial Notes

Amendments

1988—Pub. L. 100–690 amended section generally. Prior to amendment, section read as follows: "There is authorized to be appropriated $10,000,000 for each fiscal year to carry out sections 559b to 559f of this title."
16 U.S.C. § 160f (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XIX: VOYAGEURS NATIONAL PARK / Section 160f: Administration
Administration
Status: in_force

(a) Authority of Secretary

Except as hereinafter provided, the Secretary shall administer the lands acquired for the park, and after establishment shall administer the park, in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1–4).1

(b) Preservation of area as a wilderness; study and report to President; procedure for designation as a wilderness

Within four years from the date of establishment, the Secretary of the Interior shall review the area within the Voyageurs National Park and shall report to the President, in accordance with subsections (c) and (d) of section 1132 of this title, his recommendation as to the suitability or nonsuitability of any area within the lakeshore for preservation as wilderness, and any designation of any such area as a wilderness may be accomplished in accordance with said subsections. The President shall, no later than June 1, 1983, advise the United States Senate and House of Representatives of his recommendations with respect to the suitability or nonsuitability as wilderness of any area within the park.

(c) Mining and mineral activities and commercial water power development within park boundaries

All mining and mineral activities and commercial water power development within the boundaries of the park shall be prohibited, and further, any conveyance from the State of Minnesota shall contain a covenant that the State of Minnesota, its licensees, permittees, lessees, assigns, or successors in interest shall not engage in or permit any mining activity nor water power development.

(Pub. L. 91–661, §301, Jan. 8, 1971, 84 Stat. 1972; Pub. L. 97–405, §1(3), Jan. 3, 1983, 96 Stat. 2029.)

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

1983—Subsec. (b). Pub. L. 97–405 inserted provision directing the President to advise the Senate and House of Representatives no later than June 1, 1983, of his recommendation with respect to the suitability or nonsuitability as wilderness of any area within the park.

1 See References in Text note below.
16 U.S.C. § 4605 (2024) — Title 16: CONSERVATION / Chapter 66: TAKE PRIDE IN AMERICA PROGRAM / Section 4605: Authority to execute contracts
Authority to execute contracts
Status: in_force

The Secretary is authorized to enter into contracts and cooperative agreements and generally to do any and all lawful acts necessary or appropriate to further the purposes of the TPIA Program.

(Pub. L. 101–628, title XI, §1106, Nov. 28, 1990, 104 Stat. 4503.)
16 U.S.C. § 6801 (2024) — Title 16: CONSERVATION / Chapter 87: FEDERAL LANDS RECREATION ENHANCEMENT / Section 6801: Definitions
Definitions
Status: in_force

In this chapter:

(1) Entrance fee

The term "entrance fee" means the recreation fee authorized to be charged to enter onto lands managed by the National Park Service or the United States Fish and Wildlife Service.

(2) Expanded amenity recreation fee

The term "expanded amenity recreation fee" means the recreation fee authorized by section 6802(g) of this title.

(3) Federal land management agency

The term "Federal land management agency" means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service.

(4) Federal recreational lands and waters

The term "Federal recreational lands and waters" means lands or waters managed by a Federal land management agency.

(5) National Parks and Federal Recreational Lands Pass

The term "National Parks and Federal Recreational Lands Pass" means the interagency national pass authorized by section 6804 of this title.

(6) Passholder

The term "passholder" means the person who is issued a recreation pass.

(7) Recreation fee

The term "recreation fee" means an entrance fee, standard amenity recreation fee, expanded amenity recreation fee, or special recreation permit fee.

(8) Recreation pass

The term "recreation pass" means the National Parks and Federal Recreational Lands Pass or one of the other recreation passes available as authorized by section 6804 of this title.

(9) Recreation service provider

The term "recreation service provider" means a person that provides recreational services to the public under a special recreation permit under clause (iii) or (iv) of paragraph (13)(A).

(10) Secretaries

The term "Secretaries" means the Secretary of the Interior and the Secretary of Agriculture acting jointly.

(11) Secretary

The term "Secretary" means—

(A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and

(B) the Secretary of Agriculture, with respect to the Forest Service.

(12) Special account

The term "special account" means the special account established in the Treasury under section 6806 of this title for a Federal land management agency.

(13) Special recreation permit

(A) In general

The term "special recreation permit" means a permit issued by a Federal land management agency for the use of Federal recreational lands and waters—

(i) for a specialized recreational use not described in clause (ii), (iii), or (iv), such as—

(I) an organizational camp;

(II) a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event; and

(III) participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated;

(ii) for a large-group activity or event of 75 participants or more;

(iii) for—

(I) at the discretion of the Secretary, a single organized group recreation activity or event (including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used) that—

(aa) is a structured or scheduled event or activity;

(bb) is not competitive and is for fewer than 75 participants;

(cc) may charge an entry or participation fee;

(dd) involves fewer than 200 visitor-use days; and

(ee) is undertaken or provided by the recreation service provider at the same site not more frequently than 3 times a year;

(II) a single competitive event; or

(III) at the discretion of the Secretary, a recurring organized group recreation activity (including an outfitting and guiding activity) that—

(aa) is a structured or scheduled activity;

(bb) is not competitive;

(cc) may charge a participation fee;

(dd) occurs in a group size of fewer than 7 participants;

(ee) involves fewer than 40 visitor-use days; and

(ff) is undertaken or provided by the recreation service provider for a term of not more than 180 days; or

(iv) for—

(I) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, the authorization for which is for a term of not more than 10 years; or

(II) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, that occurs under a temporary special recreation permit authorized under section 8545 of this title.

(B) Exclusions

The term "special recreation permit" does not include—

(i) a concession contract for the provision of accommodations, facilities, or services;

(ii) a commercial use authorization issued under section 101925 of title 54; or

(iii) any other type of permit, including a special use permit administered by the National Park Service.

(14) Special recreation permit fee

The term "special recreation permit fee" means the fee authorized by section 6802(h)(2) of this title.

(15) Standard amenity recreation fee

The term "standard amenity recreation fee" means the recreation fee authorized by section 6802(f) of this title.

(16) State

The term "State" means each of the several States, the District of Columbia, and each territory of the United States.

(Pub. L. 108–447, div. J, title VIII, §802, Dec. 8, 2004, 118 Stat. 3377; Pub. L. 118–234, title III, §311(a), Jan. 4, 2025, 138 Stat. 2891.)

Editorial Notes

Amendments

2025—Pub. L. 118–234, §311(a)(1), made technical amendment to reference in original act which appears in introductory provisions as reference to this chapter.

Par. (1). Pub. L. 118–234, §311(a)(8), redesignated par. (3) as (1). Former par. (1) redesignated (15).

Pub. L. 118–234, §311(a)(2), prior to redesignation of par. (1) as (15), made technical amendment to reference in original act which appears in text as reference to section 6802(f) of this title.

Par. (2). Pub. L. 118–234, §311(a)(3), made technical amendment to reference in original act which appears in text as reference to section 6802(g) of this title.

Pars. (3) to (5). Pub. L. 118–234, §311(a)(8), redesignated pars. (4) to (6) as (3) to (5), respectively. Former par. (3) redesignated (1).

Par. (6). Pub. L. 118–234, §311(a)(8), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Pub. L. 118–234, §311(a)(4), prior to redesignation of par. (6) as (5), made technical amendment to reference in original act which appears in text as reference to section 6804 of this title.

Pars. (7), (8). Pub. L. 118–234, §311(a)(8), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6).

Par. (9). Pub. L. 118–234, §311(a)(9), added par. (9). Former par. (9) redesignated (8).

Pub. L. 118–234, §311(a)(5), prior to redesignation of par. (9) as (8), made technical amendment to reference in original act which appears in text as reference to section 6804 of this title.

Pars. (10), (11). Pub. L. 118–234, §311(a)(8), redesignated pars. (10) and (11) as (11) and (10), respectively.

Par. (12). Pub. L. 118–234, §311(a)(6), made technical amendment to reference in original act which appears in text as reference to section 6806 of this title.

Par. (13). Pub. L. 118–234, §311(a)(10), added par. (13). Former par. (13) redesignated (14).

Pub. L. 118–234, §311(a)(7), prior to redesignation of par. (13) as (14), substituted "section 6802(h)(2) of this title" for "section 6802(h) of this title".

Par. (14). Pub. L. 118–234, §311(a)(8), redesignated par. (13) as (14).

Par. (15). Pub. L. 118–234, §311(a)(8), redesignated par. (1) as (15).

Par. (16). Pub. L. 118–234, §311(a)(11), added par. (16).

Statutory Notes and Related Subsidiaries

Short Title of 2020 Amendment

Pub. L. 116–205, §1, Dec. 3, 2020, 134 Stat. 996, provided that: "This Act [amending section 6804 of this title] may be cited as the 'Wounded Veterans Recreation Act'."

Short Title

Pub. L. 108–447, div. J, title VIII, §801(a), Dec. 8, 2004, 118 Stat. 3377, provided that: "This title [enacting this chapter, amending section 460l–6a of this title, repealing sections 3911, 5982, and 5991 to 5995 of this title, and repealing provisions set out as a note under 460l–6a of this title] may be cited as the 'Federal Lands Recreation Enhancement Act'."
16 U.S.C. § 370 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XL: HOT SPRINGS NATIONAL PARK / Section 370: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 24, 1912, ch. 355, §1, 37 Stat. 459, related to lease of Arlington Hotel site. See section 370a of this title.
16 U.S.C. § 198c (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXI: ROCKY MOUNTAIN NATIONAL PARK / Section 198c: Prohibited acts; rules and regulations; penalties for offenses
Prohibited acts; rules and regulations; penalties for offenses
Status: in_force

All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park, nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.

(Mar. 2, 1929, ch. 583, §4, 45 Stat. 1537.)

Editorial Notes

References in Text

This Act, referred to in text, is act Mar. 2, 1929, which is classified to sections 198 to 198j of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 1883 (2024) — Title 16: CONSERVATION / Chapter 38: FISHERY CONSERVATION AND MANAGEMENT / Subchapter V: FISHERY MONITORING AND RESEARCH / Section 1883: Gulf of Mexico red snapper research
Gulf of Mexico red snapper research
Status: in_force

(a) Independent peer review

(1) Within 30 days of October 11, 1996, the Secretary shall initiate an independent peer review to evaluate—

(A) the accuracy and adequacy of fishery statistics used by the Secretary for the red snapper fishery in the Gulf of Mexico to account for all commercial, recreational, and charter fishing harvests and fishing effort on the stock;

(B) the appropriateness of the scientific methods, information, and models used by the Secretary to assess the status and trends of the Gulf of Mexico red snapper stock and as the basis for the fishery management plan for the Gulf of Mexico red snapper fishery;

(C) the appropriateness and adequacy of the management measures in the fishery management plan for red snapper in the Gulf of Mexico for conserving and managing the red snapper fishery under this chapter; and

(D) the costs and benefits of all reasonable alternatives to a limited access privilege program for the red snapper fishery in the Gulf of Mexico.

(2) The Secretary shall ensure that commercial, recreational, and charter fishermen in the red snapper fishery in the Gulf of Mexico are provided an opportunity to—

(A) participate in the peer review under this subsection; and

(B) provide information to the Secretary concerning the review of fishery statistics under this subsection without being subject to penalty under this chapter or other applicable law for any past violation of a requirement to report such information to the Secretary.

(3) The Secretary shall submit a detailed written report on the findings of the peer review conducted under this subsection to the Gulf Council no later than one year after October 11, 1996.

(b) Prohibition

In addition to the restrictions under section 1853(d)(1)(A) of this title, the Gulf Council may not, prior to October 1, 2002, undertake or continue the preparation of any fishery management plan, plan amendment or regulation under this chapter for the Gulf of Mexico commercial red snapper fishery that creates an individual fishing quota program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class.

(c) Referendum

(1) On or after October 1, 2002, the Gulf Council may prepare and submit a fishery management plan, plan amendment, or regulation for the Gulf of Mexico commercial red snapper fishery that creates a limited access privilege program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class, only if the preparation of such plan, amendment, or regulation is approved in a referendum conducted under paragraph (2) and only if the submission to the Secretary of such plan, amendment, or regulation is approved in a subsequent referendum conducted under paragraph (2).

(2) The Secretary, at the request of the Gulf Council, shall conduct referendums under this subsection. Only a person who held an annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any person to whom such permit with such endorsement was transferred after such date) and vessel captains who harvested red snapper in a commercial fishery using such endorsement in each red snapper fishing season occurring between January 1, 1993, and such date may vote in a referendum under this subsection. The referendum shall be decided by a majority of the votes cast. The Secretary shall develop a formula to weigh votes based on the proportional harvest under each such permit and endorsement and by each such captain in the fishery between January 1, 1993, and September 1, 1996. Prior to each referendum, the Secretary, in consultation with the Council, shall—

(A) identify and notify all such persons holding permits with red snapper endorsements and all such vessel captains; and

(B) make available to all such persons and vessel captains information about the schedule, procedures, and eligibility requirements for the referendum and the proposed individual fishing quota program.

(d) Catch limits

Any fishery management plan, plan amendment, or regulation submitted by the Gulf Council for the red snapper fishery after October 11, 1996, shall contain conservation and management measures that—

(1) establish separate quotas for recreational fishing (which, for the purposes of this subsection shall include charter fishing) and commercial fishing that, when reached, result in a prohibition on the retention of fish caught during recreational fishing and commercial fishing, respectively, for the remainder of the fishing year; and

(2) ensure that such quotas reflect allocations among such sectors and do not reflect any harvests in excess of such allocations.

(Pub. L. 94–265, title IV, §407, as added Pub. L. 104–297, title II, §207(b), Oct. 11, 1996, 110 Stat. 3612; amended Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(a)(3), (4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238; Pub. L. 109–479, §3(d)(1)(B), Jan. 12, 2007, 120 Stat. 3578.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(C), (2)(B) and (b), 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.

Amendments

2007—Subsecs. (a)(1)(D), (c)(1). Pub. L. 109–479 substituted "a limited access privilege" for "an individual fishing quota".

2000—Subsecs. (b), (c)(1). Pub. L. 106–554 substituted "October 1, 2002," for "October 1, 2000,".
16 U.S.C. § 459a (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXIII: NATIONAL SEASHORE RECREATIONAL AREAS / Section 459a: Acceptance of donations; acquisition of property by purchase and condemnation
Acceptance of donations; acquisition of property by purchase and condemnation
Status: in_force

The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national seashore recreational area as determined and fixed hereunder and donations of funds for the purchase and maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States under any donated funds by purchase, when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of section 3113 of title 40, such tracts of land within the said national seashore recreational area as may be necessary for the completion thereof.

(Aug. 17, 1937, ch. 687, §2, 50 Stat. 669; June 29, 1940, ch. 459, §1, 54 Stat. 702.)

Editorial Notes

Codification

"Section 3113 of title 40" substituted in text for "the Act of August 1, 1888" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Statutory Notes and Related Subsidiaries

Change of Name

Words "national seashore recreational area" substituted in text for "national seashore" pursuant to act June 29, 1940.
16 U.S.C. § 450ll (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 450ll: Booker T. Washington National Monument; acquisition of site
Booker T. Washington National Monument; acquisition of site
Status: in_force

The Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift, purchase, or condemnation, all right, title, and interest in and to the real property located at Booker Washington Birthplace, Virginia.

(Apr. 2, 1956, ch. 158, §1, 70 Stat. 86.)

Statutory Notes and Related Subsidiaries

Short Title of 2002 Amendment

Pub. L. 107–215, §1, Aug. 21, 2002, 116 Stat. 1054, provided that: "This Act [enacting section 450ll–3 of this title] may be cited as the 'Booker T. Washington National Monument Boundary Adjustment Act of 2002'."

Authorization of Appropriations

Section 4 of act Apr. 2, 1956, as amended by Pub. L. 92–272, title II, §201(2), Apr. 11, 1972, 86 Stat. 120, provided that: "There are authorized to be appropriated such sums not to exceed $600,000 as may be necessary to carry out the provisions of this act [sections 450ll to 450ll–2 of this title]."
16 U.S.C. § 435 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 435: Acquiring reservation land
Acquiring reservation land
Status: in_force

In order to determine the amount to be paid under section 434 of this title the Secretary of the Interior is authorized and directed to negotiate with said Indians to obtain their consent and relinquishment, and when such consent and relinquishment has been obtained and an agreement reached the Secretary of the Interior is further authorized to make payment from said donated fund for the lands relinquished to the enrolled members of the said Agua Caliente Band as authorized by section 434 of this title. The consent and relinquishment of the Indians may be obtained and payment made for the lands in such manner as the Secretary of the Interior may deem advisable. The water rights, dam, pipe lines, canals, and irrigation structures located in sections 2 and 3 of township 5 south, range 4 east, San Bernardino meridian, and also all water and water rights in Palm Canyon, are excepted from this reserve and shall remain under the exclusive control and supervision of the Bureau of Indian Affairs. The provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to this monument.

(Aug. 26, 1922, ch. 295, §§2, 3, 42 Stat. 832.)

Editorial Notes

References in Text

The Federal Power Act, referred to in text, was in the original the "Act of Congress approved June 10, 1920, known as the Federal Water Power Act", and was redesignated as the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, and is classified generally to chapter 12 (§791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

Codification

This section is a combination provision, the last sentence of which is from section 3 of act Aug. 26, 1922, the remainder being derived from section 2 of that act.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 2906 (2024) — Title 16: CONSERVATION / Chapter 49: FISH AND WILDLIFE CONSERVATION / Section 2906: Terms and conditions of reimbursement
Terms and conditions of reimbursement
Status: in_force

Reimbursements made to the States under section 2905 of this title shall be subject to such terms and conditions as the Secretary shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States. Such terms and conditions shall include, but not be limited to, the following:

(1) Each State and each designated State agency shall keep such records as the Secretary shall require as being necessary or appropriate for fully disclosing the amount and purposes of costs incurred by the State for which reimbursement under section 2905 of this title is, or may be, sought. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for purposes of audit and examination, to such records.

(2) Upon a finding by the Secretary, after notice and opportunity for an agency hearing on the record, that any State has received reimbursement under section 2905 of this title for which it is not eligible, or has violated any term or condition imposed under this section, the State shall thereafter be ineligible to receive reimbursement under such section until restitution satisfactory to the Secretary is made, such violation ceases, or adverse effects resulting from such violation are remedied.

(Pub. L. 96–366, §7, Sept. 29, 1980, 94 Stat. 1327.)
16 U.S.C. § 568c (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 568c: Repealed. Pub. L. 95-313, §16(a)(4), (5), formerly §13(a)(4), (5), July 1, 1978, 92 Stat. 374; renumbered §16(a)(4), (5), Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525
Repealed. Pub. L. 95-313, §16(a)(4), (5), formerly §13(a)(4), (5), July 1, 1978, 92 Stat. 374; renumbered §16(a)(4), (5), Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525
Status: repealed

Section 568c, acts Aug. 25, 1950, ch. 781, §1, 64 Stat. 473; May 5, 1972, Pub. L. 92–288, §1, 86 Stat. 134, required cooperation between Secretary of Agriculture and State officials in providing technical services to private landowners, etc.

Section 568d, acts Aug. 25, 1950, ch. 781, §2, 64 Stat. 473; Sept. 25, 1962, Pub. L. 87–680, 76 Stat. 569; May 5, 1972, Pub. L. 92–288, §2, 86 Stat. 134, set forth funding requirements for cooperative forest management programs involving private landowners, etc.

Section 568e, act May 28, 1956, ch. 327, title IV, §401, 70 Stat. 207, set forth provisions relating to assistance to States for tree planting and reforestation through the Secretary of Agriculture.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95–313, set out as an Effective Date note under section 2101 of this title.

Short Title

Section 4 of act Aug. 25, 1950, setting forth the popular name of the act of Aug. 25, 1950, as the "Cooperative Forest Management Act," was repealed by Pub. L. 95–313, §16(a)(4), formerly §13(a)(4), July 1, 1978, 92 Stat. 374, renumbered §16(a)(4), Pub. L. 101–624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525.
16 U.S.C. § 207b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXII: LASSEN VOLCANIC NATIONAL PARK / Section 207b: Exchange of lands with California; adjustment of boundary
Exchange of lands with California; adjustment of boundary
Status: in_force

The Secretary of the Interior is authorized to accept on behalf of the United States title to the northeast quarter northeast quarter section 27, township 30 north, range 5 east, Mount Diablo base and meridian, situate within the exterior boundaries of Lassen Volcanic National Park, from the State of California, and in exchange therefor may patent an area of unreserved, vacant, nonmineral public land of equal value situate in the same State. The land which may be acquired by the United States under this section shall, upon acceptance of title, become a part of Lassen Volcanic National Park.

(May 21, 1928, ch. 658, 45 Stat. 644.)
16 U.S.C. § 1447c (2024) — Title 16: CONSERVATION / Chapter 32A: REGIONAL MARINE RESEARCH PROGRAMS / Section 1447c: Regional research plans
Regional research plans
Status: in_force

(a) Development and amendment of regional plans

(1) In general

Each Board shall develop a comprehensive 4-year marine research plan for the region for which the Board is responsible, and shall amend the plan at such times as the Board considers necessary to reflect changing conditions, but no less frequently than once every 4 years.

(2) Review and consideration of national plan

In the development and amendment of its research plan, the Board shall consider findings and recommendations of the national plan developed pursuant to the National Ocean Pollution Planning Act of 1978 (33 U.S.C. 1701 et seq.).1

(b) Contents of plan

Such marine research plan shall include—

(1) an overview of the environmental quality conditions in the coastal and marine waters of the region and expected trends in these conditions;

(2) a comprehensive inventory and description of all marine research related to water quality and ecosystem health expected to be conducted in the region during the 4-year term of the research plan;

(3) a statement and explanation of the marine research needs and priorities applicable to the marine and coastal waters of the region over the upcoming 10-year period with emphasis on the upcoming 3-to-5 year period;

(4) an assessment of how the plan will incorporate existing marine, coastal, and estuarine research and management in the region, including activities pursuant to section 1330 of title 33 and section 1461 of this title; and

(5) a general description of marine research and monitoring objectives and timetables for achievement through the funding of projects under this chapter during the 4-year period covered by the plan so as to meet the priorities specified in the plan in accordance with paragraph (3).

(c) Plan review and approval

(1) In general

When a Board has developed a marine research plan, including amendments thereto, the Board shall submit the plan to the Administrator of the National Oceanic and Atmospheric Administration and the Administration of the Environmental Protection Agency, who shall jointly determine whether the plan meets the requirements of subsection (b).

(2) Time for approval or disapproval

The Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency, shall jointly approve or disapprove such research plan within 120 days after receiving the plan.

(3) Action after disapproval

In the case of disapproval of such research plan, the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency shall jointly notify the appropriate Board in writing, stating in detail the revisions necessary to obtain approval of the plan. Such Administrators shall approve or disapprove the revised plan within 90 days after receiving the revised plan from the Board.

(Pub. L. 92–532, title IV, §404, as added Pub. L. 101–593, title III, §301, Nov. 16, 1990, 104 Stat. 2966.)

Editorial Notes

References in Text

The National Ocean Pollution Planning Act of 1978, referred to in subsec. (a)(2), is Pub. L. 95–273, May 8, 1978, 92 Stat. 228, which was classified generally to chapter 31 (§1701 et seq.) of Title 33, Navigation and Navigable Waters, and was repealed by Pub. L. 102–567, title II, §204, Oct. 29, 1992, 106 Stat. 4282.

1 See References in Text note below.
16 U.S.C. § 755 (2024) — Title 16: CONSERVATION / Chapter 9A: PRESERVATION OF FISHERY RESOURCES / Section 755: Salmon-cultural stations; establishment; expenditure of funds
Salmon-cultural stations; establishment; expenditure of funds
Status: in_force

The Secretary of Commerce is authorized and directed to establish one or more salmon-cultural stations in the Columbia River Basin in each of the States of Oregon, Washington, and Idaho. Any sums appropriated for the purpose of establishing such stations may be expended, and such stations shall be established, operated and maintained, in accordance with the provisions of the Act entitled "An Act to provide for a five-year construction and maintenance program for the United States Bureau of Fisheries", approved May 21, 1930, ch. 306, 46 Stat. 371, insofar as the provisions of such Act are not inconsistent with the provisions of this section and sections 756 and 757 of this title.

(May 11, 1938, ch. 193, §1, 52 Stat. 345; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

Editorial Notes

References in Text

Act May 21, 1930, ch. 306, 46 Stat. 371, referred to in text, was not classified to the Code.

Executive Documents

Transfer of Functions

Secretary of Commerce substituted for Secretary of the Interior in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5.

Reorg. Plan No. III of 1940, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, consolidated Bureau of Fisheries and Bureau of Biological Survey with their respective functions into one agency in Department of the Interior to be known as Fish and Wildlife Service, and provided that functions of consolidated agency shall be administered under direction and supervision of Secretary of the Interior.

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, transferred Bureau of Fisheries in Department of Commerce and its functions to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior.
16 U.S.C. § 441j (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 441j: Revision of boundaries
Revision of boundaries
Status: in_force

In order to include lands of outstanding scenic and scientific character in the Badlands National Park, the boundaries of the park are revised as generally depicted on the map entitled "Badlands National Monument", numbered NM–BL–7021B, dated August 1967, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior may make minor adjustments in the boundaries, but the total acreage in the park may not exceed the acreage within the boundaries depicted on the map referred to herein. Lands within the boundaries of the park that are acquired by the United States shall be subject to the laws and regulations applicable to the park.

(Pub. L. 90–468, §1, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, §611, Nov. 10, 1978, 92 Stat. 3521.)

Statutory Notes and Related Subsidiaries

Change of Name

Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to Pub. L. 95–625, §611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 40a (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter V: YELLOWSTONE NATIONAL PARK / Section 40a: Educational facilities for dependents of employees; payments to school districts; limitation on amount
Educational facilities for dependents of employees; payments to school districts; limitation on amount
Status: in_force

Under such regulations as may be prescribed by the Secretary of the Interior, payments may be made, as provided in sections 40a to 40c of this title, in advance or otherwise, from any revenues received by the United States from visitors to Yellowstone National Park, to the appropriate school district or districts serving that park, as reimbursement for educational facilities (including, where appropriate, transportation to and from school) furnished by the said district or districts to pupils who are dependents of persons engaged in the administration, operation, and maintenance of the park, and living at or near the park upon real property of the United States not subject to taxation by the State or local agencies and upon which payments in lieu of taxes are not made by the United States: Provided, That the payments for any school year for the aforesaid purpose shall not exceed that part of the cost of operating and maintaining such facilities which the number of pupils, in average daily attendance during that year, bears to the whole number of pupils in average daily attendance at those schools for that year.

(June 4, 1948, ch. 417, §1, 62 Stat. 338.)
16 U.S.C. § 6513 (2024) — Title 16: CONSERVATION / Chapter 84: HEALTHY FOREST RESTORATION / Subchapter I: HAZARDOUS FUEL REDUCTION ON FEDERAL LAND / Section 6513: Prioritization
Prioritization
Status: in_force

(a) In general

In accordance with the Implementation Plan, the Secretary shall develop an annual program of work for Federal land that gives priority to authorized hazardous fuel reduction projects that provide for the protection of at-risk communities or watersheds or that implement community wildfire protection plans.

(b) Collaboration

(1) In general

The Secretary shall consider recommendations under subsection (a) that are made by at-risk communities that have developed community wildfire protection plans.

(2) Exemption

Chapter 10 of title 5 shall not apply to the planning process and recommendations concerning community wildfire protection plans.

(c) Administration

(1) In general

Federal agency involvement in developing a community wildfire protection plan, or a recommendation made in a community wildfire protection plan, shall not be considered a Federal agency action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) Compliance

In implementing authorized hazardous fuel reduction projects on Federal land, the Secretary shall, in accordance with section 6514 of this title, comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(d) Funding allocation

(1) Federal land

(A) In general

Subject to subparagraph (B), the Secretary shall use not less than 50 percent of the funds allocated for authorized hazardous fuel reduction projects in the wildland-urban interface.

(B) Applicability and allocation

The funding allocation in subparagraph (A) shall apply at the national level. The Secretary may allocate the proportion of funds differently than is required under subparagraph (A) within individual management units as appropriate, in particular to conduct authorized hazardous fuel reduction projects on land described in section 6512(a)(4) of this title.

(C) Wildland-urban interface

In the case of an authorized hazardous fuel reduction project for which a decision notice is issued during the 1-year period beginning on December 3, 2003, the Secretary shall use existing definitions of the term "wildland-urban interface" rather than the definition of that term provided under section 6511 of this title.

(2) Non-Federal land

(A) In general

In providing financial assistance under any provision of law for hazardous fuel reduction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have developed community wildfire protection plans.

(B) Priority

In allocating funding under this paragraph, the Secretary should, to the maximum extent practicable, give priority to communities that have adopted a community wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on private property.

(e) Cross-boundary hazardous fuel reduction projects

(1) Definitions

In this subsection:

(A) Hazardous fuel reduction project

The term "hazardous fuel reduction project" means a hazardous fuel reduction project described in paragraph (2).

(B) Non-Federal land

The term "non-Federal land" includes—

(i) State land;

(ii) county land;

(iii) Tribal land;

(iv) private land; and

(v) other non-Federal land.

(2) Grants

The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2101a(a) of this title, as mutually agreed to by the State forester and the Regional Forester.

(3) Land treatments

To conduct and fund treatments for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under—

(A) section 2113a of this title; and

(B) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291).

(4) Cooperation

In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in consultation with the Secretary—

(A) shall consult with any applicable owners of the non-Federal land; and

(B) shall not implement the hazardous fuel reduction project on non-Federal land without the consent of the owner of the non-Federal land.

(5) Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023.

(Pub. L. 108–148, title I, §103, Dec. 3, 2003, 117 Stat. 1896; Pub. L. 115–334, title VIII, §8401, Dec. 20, 2018, 132 Stat. 4840; Pub. L. 117–286, §4(a)(130), Dec. 27, 2022, 136 Stat. 4319.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

2022—Subsec. (b)(2). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)".

2018—Subsec. (e). Pub. L. 115–334 added subsec. (e).
16 U.S.C. § 615b (2024) — Title 16: CONSERVATION / Chapter 4: PROTECTION OF TIMBER, AND DEPREDATIONS / Section 615b: Exportation of timber pulp wood and wood pulp from Alaska
Exportation of timber pulp wood and wood pulp from Alaska
Status: in_force

Birch timber and pulp wood or wood pulp manufactured from timber in Alaska may be exported therefrom.

(Feb. 1, 1905, ch. 288, §2, 33 Stat. 628; June 5, 1920, ch. 235, §1, 41 Stat. 917.)

Editorial Notes

Codification

Section was formerly classified to section 422 of Title 48, Territories and Insular Possessions.

Amendments

1920—Act June 5, 1920, authorized exportation of birch timber.
16 U.S.C. § 777a (2024) — Title 16: CONSERVATION / Chapter 10B: FISH RESTORATION AND MANAGEMENT PROJECTS / Section 777a: Definitions
Definitions
Status: in_force

For purposes of this chapter—

(1) the term "fish restoration and management projects" shall be construed to mean projects designed for the restoration and management of all species of fish which have material value in connection with sport or recreation in the marine and/or fresh waters of the United States and include—

(A) such research into problems of fish management and culture as may be necessary to efficient administration affecting fish resources;

(B) the acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing and/or natural causes, the necessity of legal regulation of fishing, and the effects of any measures of regulation that are applied;

(C) the formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans;

(D) the selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes, and such preliminary or incidental costs and expenses as may be incurred in and about such works; the term "State fish and game department" shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department;

(2) the term "outreach and communications program" means a program to improve communications with anglers, boaters, and the general public regarding angling and boating opportunities, to reduce barriers to participation in these activities, to advance adoption of sound fishing and boating practices, to promote conservation and the responsible use of the Nation's aquatic resources, and to further safety in fishing and boating; and

(3) the term "aquatic resource education program" means a program designed to enhance the public's understanding of aquatic resources and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic environment.

(Aug. 9, 1950, ch. 658, §2, 64 Stat. 431; July 2, 1956, ch. 489, §3, 70 Stat. 473; Pub. L. 86–624, §12, July 12, 1960, 74 Stat. 413; Pub. L. 105–178, title VII, §7402(a), June 9, 1998, 112 Stat. 483.)

Editorial Notes

Amendments

1998—Pub. L. 105–178 inserted introductory provisions "For purposes of this chapter—", designated existing provisions as par. (1), substituted "the term" for "For the purpose of this chapter the term", redesignated subsecs. (a) to (d) as subpars. (A) to (D), respectively, of par. (1), substituted "department;" for "department." at end of subpar. (D), realigned margins, and added pars. (2) and (3).

1960—Subsec. (d). Pub. L. 86–624 struck out provisions which defined "State" as including the several States and the Territory of Hawaii.

1956—Act July 2, 1956, included definition of "State".

Statutory Notes and Related Subsidiaries

Effective Date of 1956 Amendment

Amendment by act July 2, 1956, as applicable only with respect to fiscal years beginning after July 2, 1956, see section 5 of act July 2, 1956, set out as a note under section 669a of this title.
16 U.S.C. § 594 (2024) — Title 16: CONSERVATION / Chapter 4: PROTECTION OF TIMBER, AND DEPREDATIONS / Section 594: Protection of timber owned by United States from fire, disease, or insect ravages
Protection of timber owned by United States from fire, disease, or insect ravages
Status: in_force

The Secretary of the Interior is authorized to protect and preserve, from fire, disease, or the ravages of beetles, or other insects, timber owned by the United States upon the public lands, national parks, national monuments, Indian reservations, or other lands under the jurisdiction of the Department of the Interior owned by the United States, either directly or in cooperation with other departments of the Federal Government, with States, or with owners of timber; and appropriations are authorized to be made for such purposes.

(Sept. 20, 1922, ch. 349, 42 Stat. 857.)
16 U.S.C. § 3506 (2024) — Title 16: CONSERVATION / Chapter 55: COASTAL BARRIER RESOURCES / Section 3506: Certification of compliance
Certification of compliance
Status: in_force

(a) Regulations

Not later than 1 year after November 25, 2024, the head of each Federal agency affected by this chapter shall revise or issue regulations and guidance as necessary to ensure compliance with the provisions of this chapter.

(b) Certification

The head of each Federal agency affected by this chapter shall report and certify that each such agency is in compliance with the provisions of this chapter. Such reports and certifications shall be submitted annually to the Committees and the Secretary.

(Pub. L. 97–348, §7, Oct. 18, 1982, 96 Stat. 1657; Pub. L. 101–591, §14, Nov. 16, 1990, 104 Stat. 2941; Pub. L. 118–117, title I, §105(a), Nov. 25, 2024, 138 Stat. 1612.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–117 amended subsec. (a) generally. Prior to amendment, text read as follows: "Not later than 12 months after November 16, 1990, the head of each Federal agency affected by this chapter shall promulgate regulations to assure compliance with the provisions of this chapter."

1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: "The Director of the Office of Management and Budget shall, on behalf of each Federal agency concerned, make written certification that each such agency has complied with the provisions of this chapter during each fiscal year beginning after September 30, 1982. Such certification shall be submitted on an annual basis to the House of Representatives and the Senate pursuant to the schedule required under the Congressional Budget and Impoundment Control Act of 1974."

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annually submitting reports and certifications to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 42 of House Document No. 103–7.
16 U.S.C. § 252 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXVII: OLYMPIC NATIONAL PARK / Section 252: Disposal of mineral rights
Disposal of mineral rights
Status: in_force

In the areas of said park lying east of the range line between ranges 9 and 10 and north of the seventh standard parallel, and east of the range line between ranges 4 and 5 west, Willamette meridian, all mineral deposits of the classes and kinds now subject to location, entry, and patent under the mining laws of the United States shall be, exclusive of the land containing them, subject to disposal under such laws for a period of five years from June 29, 1938, with rights of occupation and use of so much of the surface of the land as may be required for all purposes reasonably incident to the mining or removal of the minerals and under such general regulations as may be prescribed by the Secretary of the Interior.

(June 29, 1938, ch. 812, §2, 52 Stat. 1242.)
16 U.S.C. § 429 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LX: NATIONAL MILITARY PARKS / Section 429: Brices Cross Roads and Tupelo battlefields in Mississippi; establishment
Brices Cross Roads and Tupelo battlefields in Mississippi; establishment
Status: in_force

For the purpose of commemorating the battles of Brices Cross Roads, Mississippi, and Tupelo, Mississippi, the Secretary of the Interior is authorized and directed to (1) acquire not to exceed one acre of land, free of cost to the United States, at each of the above-named battle fields, (2) fence each parcel of land so acquired, (3) build an approach to each such parcel of land, and (4) erect a suitable marker on each such parcel of land.

(Feb. 21, 1929, ch. 289, §1, 45 Stat. 1254; Ex. Ord. No. 6166, §2, June 10, 1933; Ex. Ord. No. 6228, §1, July 28, 1933.)

Executive Documents

Transfer of Functions

"Secretary of the Interior" substituted in text for "Secretary of War" pursuant to Reorg. Plan No. 3 of 1950, §§1, 2; Ex. Ord. No. 6166, §2; and Ex. Ord. No. 6228, §1. See below.

Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees, transferred the functions of other officers, employees, and agencies of the Department of the Interior, with certain exceptions, to the Secretary of the Interior, with power to delegate.

Ex. Ord. No. 6166, §2, and Ex. Ord. No. 6228, §1, set out as a note under section 901 of Title 5, transferred the administrative functions of Brices Cross Roads and Tupelo battlefield sites to the Department of the Interior.
16 U.S.C. § 959 (2024) — Title 16: CONSERVATION / Chapter 16: TUNA CONVENTIONS / Section 959: Enforcement
Enforcement
Status: in_force

For enforcement of this chapter, see section 1826g of this title.

(Sept. 7, 1950, ch. 907, §10, 64 Stat. 779; Pub. L. 87–814, §5, Oct. 15, 1962, 76 Stat. 925; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 114–81, title II, §208, Nov. 5, 2015, 129 Stat. 663.)

Editorial Notes

Amendments

2015—Pub. L. 114–81 amended section generally. Prior to amendment, section related to procedures to enforce this chapter.

1962—Subsec. (a). Pub. L. 87–814 substituted provisions for issuance of process for provisions respecting arrest and execution of process, incorporated in subsecs. (c) and (d)(1) of this section.

Subsec. (b). Pub. L. 87–814 substituted provisions respecting Federal law enforcement agents for provisions relating to inspections, incorporated in section 956 of this title.

Subsec. (c). Pub. L. 87–814 substituted provisions for execution of process, formerly incorporated in subsec. (a), for provisions respecting the functioning of officers and law enforcement officers, incorporated in subsec. (b) of this section.

Subsec. (d). Pub. L. 87–814 incorporated provisions of former subsec. (a) in par. (1) and added par. (2).

Subsecs. (e), (f). Pub. L. 87–814 added subsecs. (e) and (f).
16 U.S.C. § 1445c (2024) — Title 16: CONSERVATION / Chapter 32: MARINE SANCTUARIES / Section 1445c: Dr. Nancy Foster Scholarship Program
Dr. Nancy Foster Scholarship Program
Status: in_force

(a) Establishment

The Secretary shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in oceanography, marine biology or maritime archeology, to be known as Dr. Nancy Foster Scholarships.

(b) Purposes

The purposes of the Dr. Nancy Foster Scholarship Program are—

(1) to recognize outstanding scholarship in oceanography, marine biology, or maritime archeology, particularly by women and members of minority groups; and

(2) to encourage independent graduate level research in oceanography, marine biology, or maritime archeology.

(c) Award

Each Dr. Nancy Foster Scholarship—

(1) shall be used to support graduate studies in oceanography, marine biology, or maritime archeology at a graduate level institution of higher education; and

(2) shall be awarded in accordance with guidelines issued by the Secretary.

(d) Distribution of funds

The amount of each Dr. Nancy Foster Scholarship shall be provided directly to a recipient selected by the Secretary upon receipt of certification that the recipient will adhere to a specific and detailed plan of study and research approved by a graduate level institution of higher education.

(e) Funding

Of the amount available each fiscal year to carry out this chapter, the Secretary shall award 1 percent as Dr. Nancy Foster Scholarships.

(f) Scholarship repayment requirement

The Secretary shall require an individual receiving a scholarship under this section to repay the full amount of the scholarship to the Secretary if the Secretary determines that the individual, in obtaining or using the scholarship, engaged in fraudulent conduct or failed to comply with any term or condition of the scholarship.

(g) Maritime archeology defined

In this section the term "maritime archeology" includes the curation, preservation, and display of maritime artifacts.

(Pub. L. 92–532, title III, §318, as added Pub. L. 106–513, §18, Nov. 13, 2000, 114 Stat. 2392.)

Editorial Notes

Codification

For similar provisions relating to the Dr. Nancy Foster Scholarship Program, see section 1445c–1 of this title.
16 U.S.C. § 1385 (2024) — Title 16: CONSERVATION / Chapter 31: MARINE MAMMAL PROTECTION / Subchapter II: CONSERVATION AND PROTECTION OF MARINE MAMMALS / Section 1385: Dolphin protection
Dolphin protection
Status: in_force

(a) Short title

This section may be cited as the "Dolphin Protection Consumer Information Act".

(b) Findings

The Congress finds that—

(1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in the eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world;

(2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part because of the harmful effects that such driftnets have on marine mammals, including dolphins; and

(3) consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the harvesting of the tuna on dolphins.

(c) Definitions

For purposes of this section—

(1) the terms "driftnet" and "driftnet fishing" have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note);

(2) the term "eastern tropical Pacific Ocean" means the area of the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North, Central, and South America;

(3) the term "label" means a display of written, printed, or graphic matter on or affixed to the immediate container of any article;

(4) the term "Secretary" means the Secretary of Commerce; and

(5) the term "tuna product" means a food item which contains tuna and which has been processed for retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days.

(d) Labeling standard

(1) It is a violation of section 45 of title 15 for any producer, importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the United States to include on the label of that product the term "dolphin safe" or any other term or symbol that falsely claims or suggests that the tuna contained in the product were harvested using a method of fishing that is not harmful to dolphins if the product contains tuna harvested—

(A) on the high seas by a vessel engaged in driftnet fishing;

(B) outside the eastern tropical Pacific Ocean by a vessel using purse seine nets—

(i) in a fishery in which the Secretary has determined that a regular and significant association occurs between dolphins and tuna (similar to the association between dolphins and tuna in the eastern tropical Pacific Ocean), unless such product is accompanied by a written statement, executed by the captain of the vessel and an observer participating in a national or international program acceptable to the Secretary, certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna were caught and no dolphins were killed or seriously injured in the sets in which the tuna were caught; or

(ii) in any other fishery (other than a fishery described in subparagraph (D)) unless the product is accompanied by a written statement executed by the captain of the vessel certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna was harvested;

(C) in the eastern tropical Pacific Ocean by a vessel using a purse seine net unless the tuna meet the requirements for being considered dolphin safe under paragraph (2); or

(D) by a vessel in a fishery other than one described in subparagraph (A), (B), or (C) that is identified by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such product is accompanied by a written statement executed by the captain of the vessel and an observer participating in a national or international program acceptable to the Secretary that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught, provided that the Secretary determines that such an observer statement is necessary.

(2) For purposes of paragraph (1)(C), a tuna product that contains tuna harvested in the eastern tropical Pacific Ocean by a vessel using purse seine nets is dolphin safe if—

(A) the vessel is of a type and size that the Secretary has determined, consistent with the International Dolphin Conservation Program, is not capable of deploying its purse seine nets on or to encircle dolphins; or

(B)(i) the product is accompanied by a written statement executed by the captain providing the certification required under subsection (h);

(ii) the product is accompanied by a written statement executed by—

(I) the Secretary or the Secretary's designee;

(II) a representative of the Inter-American Tropical Tuna Commission; or

(III) an authorized representative of a participating nation whose national program meets the requirements of the International Dolphin Conservation Program,

which states that there was an observer approved by the International Dolphin Conservation Program on board the vessel during the entire trip and that such observer provided the certification required under subsection (h); and

(iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product; and

(C) the written statements and endorsements referred to in subparagraph (B) comply with regulations promulgated by the Secretary which provide for the verification of tuna products as dolphin safe.

(3)(A) The Secretary of Commerce shall develop an official mark that may be used to label tuna products as dolphin safe in accordance with this section.1

(B) A tuna product that bears the dolphin safe mark developed under subparagraph (A) shall not bear any other label or mark that refers to dolphins, porpoises, or marine mammals.

(C) It is a violation of section 45 of title 15 to label a tuna product with any label or mark that refers to dolphins, porpoises, or marine mammals other than the mark developed under subparagraph (A) unless—

(i) no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught;

(ii) the label is supported by a tracking and verification program which is comparable in effectiveness to the program established under subsection (f); and

(iii) the label complies with all applicable labeling, marketing, and advertising laws and regulations of the Federal Trade Commission, including any guidelines for environmental labeling.

(D) If the Secretary determines that the use of a label referred to in subparagraph (C) is substantially undermining the conservation goals of the International Dolphin Conservation Program, the Secretary shall report that determination to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Commerce, along with recommendations to correct such problems.

(E) It is a violation of section 45 of title 15 willingly and knowingly to use a label referred to in subparagraph (C) in a campaign or effort to mislead or deceive consumers about the level of protection afforded dolphins under the International Dolphin Conservation Program.

(e) Additional prohibitions and enforcement

For additional prohibitions relating to this section 1 and enforcement of this section,1 see section 1826g of this title.

(f) Regulations

The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this section,1 including regulations to establish a domestic tracking and verification program that provides for the effective tracking of tuna labeled under subsection (d). In the development of these regulations, the Secretary shall establish appropriate procedures for ensuring the confidentiality of proprietary information the submission of which is voluntary or mandatory. The regulations shall address each of the following items:

(1) The use of weight calculation for purposes of tracking tuna caught, landed, processed, and exported.

(2) Additional measures to enhance current observer coverage, including the establishment of criteria for training, and for improving monitoring and reporting capabilities and procedures.

(3) The designation of well location, procedures for sealing holds, procedures for monitoring and certifying both above and below deck, or through equally effective methods, the tracking and verification of tuna labeled under subsection (d).

(4) The reporting, receipt, and database storage of radio and facsimile transmittals from fishing vessels containing information related to the tracking and verification of tuna, and the definition of set.

(5) The shore-based verification and tracking throughout the fishing, transshipment, and canning process by means of Inter-American Tropical Tuna Commission trip records or otherwise.

(6) The use of periodic audits and spot checks for caught, landed, and processed tuna products labeled in accordance with subsection (d).

(7) The provision of timely access to data required under this subsection by the Secretary from harvesting nations to undertake the actions required in paragraph (6) of this paragraph.2

The Secretary may make such adjustments as may be appropriate to the regulations promulgated under this subsection to implement an international tracking and verification program that meets or exceeds the minimum requirements established by the Secretary under this subsection.

(g) Secretarial findings

(1) Between March 1, 1999, and March 31, 1999, the Secretary shall, on the basis of the research conducted before March 1, 1999, under section 1414a(a) of this title, information obtained under the International Dolphin Conservation Program, and any other relevant information, make an initial finding regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The initial finding shall be published immediately in the Federal Register and shall become effective upon a subsequent date determined by the Secretary.

(2) Between July 1, 2001, and December 31, 2002, the Secretary shall, on the basis of the completed study conducted under section 1414a(a) of this title, information obtained under the International Dolphin Conservation Program, and any other relevant information, make a finding regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The finding shall be published immediately in the Federal Register and shall become effective upon a subsequent date determined by the Secretary.

(h) Certification by captain and observer

(1) Unless otherwise required by paragraph (2), the certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified in subsection (d)(2)(B)(ii) shall be that no dolphins were killed or seriously injured during the sets in which the tuna were caught.

(2) The certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified under subsection (d)(2)(B)(ii) shall be that no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and that no dolphins were killed or seriously injured during the sets in which the tuna were caught, if the tuna were caught on a trip commencing—

(A) before the effective date of the initial finding by the Secretary under subsection (g)(1);

(B) after the effective date of such initial finding and before the effective date of the finding of the Secretary under subsection (g)(2), where the initial finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any depleted dolphin stock; or

(C) after the effective date of the finding under subsection (g)(2), where such finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any such depleted stock.

(Pub. L. 101–627, title IX, §901, Nov. 28, 1990, 104 Stat. 4465; Pub. L. 105–42, §5, Aug. 15, 1997, 111 Stat. 1125; Pub. L. 114–81, title I, §109, Nov. 5, 2015, 129 Stat. 659.)

Editorial Notes

References in Text

This section, referred to in subsecs. (d)(3)(A), (e), and (f), was in the original "this Act", and was translated as referring to the Dolphin Protection Consumer Information Act, which is classified to this section, to reflect the probable intent of Congress.

Codification

Section was not enacted as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.

Amendments

2015—Subsec. (e). Pub. L. 114–81 amended subsec. (e) generally. Prior to amendment, text read as follows: "Any person who knowingly and willfully makes a statement or endorsement described in subsection (d)(2)(B) that is false is liable for a civil penalty of not to exceed $100,000 assessed in an action brought in any appropriate district court of the United States on behalf of the Secretary."

1997—Subsec. (d). Pub. L. 105–42, §5(a), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

"(1) It is a violation of section 45 of title 15 for any producer, importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the United States to include on the label of that product the term 'Dolphin Safe' or any other term or symbol that falsely claims or suggests that the tuna contained in the product was harvested using a method of fishing that is not harmful to dolphins if the product contains—

"(A) tuna harvested on the high seas by a vessel engaged in driftnet fishing; or

"(B) tuna harvested in the eastern tropical Pacific Ocean by a vessel using purse seine nets which do not meet the requirements for being considered dolphin safe under paragraph (2).

"(2) For purposes of paragraph (1)(B), a tuna product that contains tuna harvested in the eastern tropical Pacific Ocean by a fishing vessel using purse seine nets is dolphin safe if—

"(A) the vessel is of a type and size that the Secretary has determined is not capable of deploying its purse seine nets on or to encircle dolphin; or

"(B)(i) the product is accompanied by a written statement executed by the captain of the vessel which harvested the tuna certifying that no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphin;

"(ii) the product is accompanied by a written statement executed by—

"(I) the Secretary or the Secretary's designee, or

"(II) a representative of the Inter-American Tropical Tuna Commission,

which states that there was an approved observer on board the vessel during the entire trip and that purse seine nets were not intentionally deployed during the trip on or to encircle dolphin; and

"(iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product."

Subsec. (f). Pub. L. 105–42, §5(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: "The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this section not later than 6 months after November 28, 1990, including regulations establishing procedures and requirements for ensuring that tuna products are labeled in accordance with subsection (d) of this section."

Subsec. (g). Pub. L. 105–42, §5(c), added subsec. (g) and struck out former subsec. (g), which had amended section 1371 of this title.

Subsecs. (h), (i). Pub. L. 105–42, §5(c), added subsec. (h) and struck out former subsecs. (h) and (i) which read as follows:

"(h) Negotiations.—The Secretary of State shall immediately seek, through negotiations and discussions with appropriate foreign governments, to reduce and, as soon as possible, eliminate the practice of harvesting tuna through the use of purse seine nets intentionally deployed to encircle dolphins.

"(i) Effective Date.—Subsections (d) and (e) of this section shall take effect 6 months after November 28, 1990."

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1997 Amendment

For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

1 See References in Text note below.

2 So in original. Probably should be "this subsection".
16 U.S.C. § 831g (2024) — Title 16: CONSERVATION / Chapter 12A: TENNESSEE VALLEY AUTHORITY / Section 831g: Principal office of Corporation; books; directors' oath
Principal office of Corporation; books; directors' oath
Status: in_force

(a) Location

The Corporation shall maintain its principal office in the immediate vicinity of Muscle Shoals, Alabama. The Corporation shall be held to be an inhabitant and resident of the northern judicial district of Alabama within the meaning of the laws of the United States relating to the venue of civil suits.

(b) Account books

The Corporation shall at all times maintain complete and accurate books of accounts.

(c) Oath of office

Each member of the Board, before entering upon the duties of his office, shall subscribe to an oath (or affirmation) to support the Constitution of the United States and to faithfully and impartially perform the duties imposed upon him by this chapter.

(May 18, 1933, ch. 32, §8, 48 Stat. 63; Pub. L. 108–447, div. C, title VI, §603(a)(2), Dec. 8, 2004, 118 Stat. 2966.)

Editorial Notes

Amendments

2004—Subsec. (c). 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.
16 U.S.C. § 833a (2024) — Title 16: CONSERVATION / Chapter 12C: FORT PECK PROJECT / Section 833a: Administration of project
Administration of project
Status: in_force

(a) Disposal of energy; temporary administration; installation and maintenance of equipment

The electric energy generated in the operation of the said Fort Peck project shall be disposed of by the Bureau as hereinafter provided. The Bureau shall exercise the powers and perform the duties provided for in this chapter under the supervision and direction of the Secretary of the Interior in accordance with section 373a of title 43. The Bureau shall, as hereinafter provided, make all arrangements for the sale and disposition of electric energy generated at the Fort Peck project not required for the operation of the dam at such project and the navigation facilities employed in connection therewith. The form of administration herein established for the Fort Peck project is intended to be provisional pending the establishment of a permanent administration for Fort Peck and other projects in the Missouri River Basin. The Secretary of the Army shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Fort Peck project when in the judgment of the Bureau such additional generating facilities are desirable to meet actual or potential market requirements for such electric energy. The Secretary of the Army shall schedule the operations of the several electrical generating units and appurtenant equipment of the Fort Peck project in accordance with the requirements of the Bureau. The Secretary of the Army shall provide and maintain for the use of the Bureau at said Fort Peck project adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the Bureau for proper reception, handling, and dispatching of the electric energy produced at the said project, together with transformers and other equipment required by the Bureau for the transmission of such energy from that place at suitable voltage to the markets which the Bureau desires to serve.

(b) Construction and maintenance of electric transmission lines, substations, and interconnections

In order to encourage the widest possible use of all electric energy that can be generated and marketed and to provide reasonable outlets therefor, and to prevent the monopolization thereof by limited groups, the Bureau is authorized and directed to provide, construct, operate, maintain, and improve such electric transmission lines and substations, and facilities and structures appurtenant thereto, as it finds necessary, desirable, or appropriate for the purpose of transmitting electric energy, available for sale, from the Fort Peck project to existing and potential markets, and, for the purpose of interchange of electric energy, to interconnect the Fort Peck project with either private or with other Federal projects and publicly owned power systems now or hereafter constructed.

(c) Acquisition of real and personal property

The Secretary of the Interior is authorized, in the name of the United States, to acquire, by purchase, lease, condemnation, or donation, such real and personal property, or any interest therein, including lands, easements, rights-of-way, franchises, electric transmission lines, substations, and facilities and structures appurtenant thereto, as he finds necessary or appropriate to carry out the purposes of this chapter. Title to all property and property rights acquired by said Secretary shall be taken in the name of the United States.

(d) Acquisition of any property or property rights

The Secretary of the Interior shall have power to acquire any property or property rights, including patent rights, which in his opinion are necessary to carry out the purposes of this chapter, by purchase, lease, donation, or by the exercise of the right of eminent domain and to institute condemnation proceedings therefor in the same manner as is provided by law for the condemnation of real estate.

(e) Disposal of real and personal property

The Secretary of the Interior is authorized, in the name of the United States, to sell, lease, or otherwise dispose of such personal property as in his judgment is not required for the purposes of this chapter and such real property and interests in land acquired in connection with construction or operation of electric transmission lines or substations as in his judgment are not required for the purposes of this chapter.

(f) Contracts by Bureau

Subject to the provisions of this chapter, the Bureau is authorized, in the name of the United States, to negotiate and enter into such contracts, agreements, and arrangements as it shall find necessary or appropriate to carry out the purposes of this chapter.

(May 18, 1938, ch. 250, §2, 52 Stat. 404; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

Power marketing functions of Bureau of Reclamation, including construction, operation, and maintenance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy.

Transfer of Certain Facilities

Act Aug. 31, 1951, ch. 375, title I, §101, 65 Stat. 257, provided in part: "The Secretary of the Army is hereby authorized to transfer to the Department of the Interior without exchange of funds, all of the right, title, and interest of the Department of the Army in and to the following facilities, including rights-of-way (except that portion of the rights-of-way within the Fort Peck Reservoir area), but there shall be reserved the right to use the power facilities for the purpose of transmitting power to the Fort Peck project during emergency periods when the Fort Peck power plant is not functioning: (a) the Fort Peck-Rainbow (Great Falls) 161 kilovolt transmission line; (b) the Rainbow (Great Falls) terminal facilities; and (c) the Fort Peck-Whatley 50 kilovolt transmission line and substation."

Transfer of Transmission Lines, Substations, etc.; Cost Price; Authority of Secretary

Act Feb. 27, 1948, ch. 75, 62 Stat. 36, provided: "That, in aid of the administration of the Fort Peck project, there is hereby granted to the United States, for use by the Bureau of Reclamation, Department of the Interior (hereinafter referred to as the 'Bureau'), in the discharge of its duties pursuant to the Act of May 18, 1938 (52 Stat. 403) [this chapter], the electric-transmission lines, substations, rights-of-way, and other property described in section 7 of that certain permit and memorandum of understanding, dated November 2, 1945, between the Bureau and the Office of Indian Affairs, Department of the Interior (hereinafter referred to as the 'Indian Office'): Provided, however, That the Bureau shall continue to furnish electric service for the uses and purposes of the Indian Office on the Fort Peck Indian Reservation, pursuant to the terms and conditions of said permit and memorandum of understanding, except as the same may be modified by the Secretary of the Interior.

"Sec. 2. That the amount of money to be paid for said property shall be $58,577.52, or so much thereof as the Secretary of the Interior shall determine to be needed pursuant to the provisions of said permit and memorandum of understanding. Such sum shall be paid, from funds now or hereafter made available to the Department of the Interior for the construction of transmission lines and substations of the Fort Peck project, to the Commissioner of Indian Affairs, who shall deposit such sum in the Treasury of the United States as a credit on expenditures made for irrigation and power construction on the Fort Peck Indian irrigation project.

"Sec. 3. The Secretary of the Interior is authorized to perform any and all acts as may be deemed necessary to carry out the provisions of this Act [Act Feb. 27, 1948, ch. 75, 62 Stat. 36]."

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 3505 (2024) — Title 16: CONSERVATION / Chapter 55: COASTAL BARRIER RESOURCES / Section 3505: Exceptions to limitations on expenditures
Exceptions to limitations on expenditures
Status: in_force

(a) In general

Notwithstanding section 3504 of this title, the appropriate Federal officer, after consultation with the Secretary, may make Federal expenditures and may make financial assistance available within the System for the following:

(1) Any use or facility necessary for the exploration, extraction, or transportation of energy resources which can be carried out only on, in, or adjacent to a coastal water area because the use or facility requires access to the coastal water body.

(2) The maintenance or construction of improvements of existing Federal navigation channels (including the Intracoastal Waterway) and related structures (such as jetties), including the disposal of dredge materials related to such maintenance or construction.

(3) The maintenance, replacement, reconstruction, or repair, but not the expansion, of publicly owned or publicly operated roads, structures, or facilities that are essential links in a larger network or system.

(4) Military activities essential to national security.

(5) The construction, operation, maintenance, and rehabilitation of Coast Guard facilities and access thereto.

(6) Any of the following actions or projects, if a particular expenditure or the making available of particular assistance for the action or project is consistent with the purposes of this chapter:

(A) Projects for the study, management, protection, and enhancement of fish and wildlife resources and habitats, including acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects.

(B) Establishment, operation, and maintenance of air and water navigation aids and devices, and for access thereto.

(C) Projects under chapter 2003 of title 54 and the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

(D) Scientific research, including aeronautical, atmospheric, space, geologic, marine, fish and wildlife, and other research, development, and applications.

(E) Emergency actions necessary to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 5170a, 5170b, 5173, and 5192 of title 42 and are limited to actions that are necessary to alleviate the applicable emergency.

(F) Maintenance, replacement, reconstruction, or repair, but not the expansion (except with respect to United States route 1 in the Florida Keys), of publicly owned or publicly operated roads, structures, and facilities.

(G) Nonstructural projects for shoreline stabilization that are designed to mimic, enhance, or restore a natural stabilization system.

(H) Aquaculture operations that—

(i) produce shellfish (including oysters, clams, and mussels), cultivate micro- or macro-algae, or do not require the use of aquaculture feeds; and

(ii) adhere to best management practices and conservation measures recommended by the Secretary through the consultation process referred to in this subsection.

(7) Use of a sand source within a System unit by Federal coastal storm risk management projects or their predecessor projects that have used a System unit for sand to nourish adjacent beaches outside the System pursuant to section 701n of title 33 at least once between December 31, 2008 and December 31, 2023 in response to an emergency situation prior to December 31, 2023.

(b) Existing Federal navigation channels

For purposes of subsection (a)(2), a Federal navigation channel or a related structure is an existing channel or structure, respectively, if it was authorized before the date on which the relevant System unit or portion of the System unit was included within the System.

(c) Expansion of highways in Michigan

The limitations on the use of Federal expenditures or financial assistance within the System under subsection (a)(3) shall not apply to a highway—

(1) located in a unit of the System in Michigan; and

(2) in existence on November 16, 1990.

(d) Services and facilities outside System

(1) In general

Except as provided in paragraphs (2) and (3) of this subsection, limitations on the use of Federal expenditures or financial assistance within the System under section 3504 of this title shall not apply to expenditures or assistance provided for services or facilities and related infrastructure located outside the boundaries of unit T–11 of the System (as depicted on the maps referred to in section 3503(a) of this title) which relate to an activity within that unit.

(2) Prohibition of flood insurance coverage

No new flood insurance coverage may be provided under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) for any new construction or substantial improvements relating to services or facilities and related infrastructure located outside the boundaries of unit T–11 of the System that facilitate an activity within that unit that is not consistent with the purposes of this chapter.

(3) Prohibition of HUD assistance

(A) In general

No financial assistance for acquisition, construction, or improvement purposes may be provided under any program administered by the Secretary of Housing and Urban Development for any services or facilities and related infrastructure located outside the boundaries of unit T–11 of the System that facilitate an activity within that unit that is not consistent with the purposes of this chapter.

(B) "Financial assistance" defined

For purposes of this paragraph, the term "financial assistance" includes any contract, loan, grant, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages.

(e) Applicability to Otherwise Protected Areas

(1) In general

The prohibitions on new Federal expenditures and financial assistance described in section 3504(a) of this title do not apply within Otherwise Protected Areas except with respect to limitations on new flood insurance coverage described in section 1321 of the National Flood Insurance Act of 1968 (42 U.S.C. 4028).

(2) Exception

Notwithstanding paragraph (1), new Federal flood insurance may be provided for a structure in an Otherwise Protected Area that is used in a manner consistent with the purpose for which such Otherwise Protected Area is protected.

(f) Applicability to additions and insurable structures

(1) Additions

With respect to an addition to the System made under section 3503 of this title on or after November 25, 2024, subject to paragraph (2), the prohibitions on new Federal expenditures and financial assistance described in section 3504(a) of this title shall take effect on the date that is 1 year after the date on which such addition is made.

(2) Insurable structures

(A) In general

The prohibitions on new Federal expenditures and financial assistance described in section 3504(a) of this title do not apply to an insurable structure.

(B) Insurable structure defined

In this subsection, the term "insurable structure" means an insurable structure that is—

(i) located within an addition described in paragraph (1); and

(ii) in existence before the expiration of the applicable 1-year period described in paragraph (1).

(Pub. L. 97–348, §6, Oct. 18, 1982, 96 Stat. 1656; Pub. L. 100–707, title I, §109(h), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101–591, §5(a), Nov. 16, 1990, 104 Stat. 2934; Pub. L. 113–287, §5(d)(34), Dec. 19, 2014, 128 Stat. 3267; Pub. L. 118–117, title I, §104, Nov. 25, 2024, 138 Stat. 1610.)

Editorial Notes

References in Text

The Coastal Zone Management Act of 1972, referred to in subsec. (a)(6)(C), is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§1451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of this title and Tables.

The National Flood Insurance Act of 1968, referred to in subsec. (d)(2), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§4001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.

Amendments

2024—Subsec. (a)(6)(E). Pub. L. 118–117, §104(1)(A)(i), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "Assistance for emergency actions essential to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 5170a, 5170b, and 5192 of title 42 and section 1362 of the National Flood Insurance Act of 1968 (42 U.S.C. 4103) and are limited to actions that are necessary to alleviate the emergency."

Subsec. (a)(6)(H). Pub. L. 118–117, §104(1)(A)(ii), added subpar. (H).

Subsec. (a)(7). Pub. L. 118–117, §104(1)(B), added par. (7).

Subsecs. (e), (f). Pub. L. 118–117, §104(2), added subsecs. (e) and (f).

2014—Subsec. (a)(6)(C). Pub. L. 113–287, which directed the substitution of "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)" in section 6(a)(6)(C) of the Coastal Barrier Act of 1968, was executed by making the substitution for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 through 11)" in this section, which is section 6 of the Coastal Barrier Resources Act, to reflect the probable intent of Congress.

1990—Pub. L. 101–591 amended section generally, substituting substantially similar provisions in subsec. (a), substituting "a Federal navigation channel or a related structure is an existing channel or structure, respectively, if it was authorized before the date on which the relevant System unit or portion of the System unit was included within the System" for "a channel improvement or a related structure shall be treated as an existing improvement or an existing related structure only if all, or a portion, of the moneys for such improvement or structure was appropriated before October 18, 1982" in subsec. (b), and adding subsecs. (c) and (d).

1988—Subsec. (a)(6)(E). Pub. L. 100–707 substituted reference to sections 5170a, 5170b, and 5192 of title 42 for reference to sections 5145 and 5146 of title 42.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Expansion of Highways in Michigan

Pub. L. 100–707, title II, §204(d), Nov. 23, 1988, 102 Stat. 4715, exempted existing highways in Michigan from limitations on the use of Federal expenditures or financial assistance within the Coastal Barrier Resources System under 16 U.S.C. 3505(a)(3) if the Congress added new units to the Coastal Barrier Resources System under 16 U.S.C. 3503, and those units included portions of United States or State highways in the State of Michigan, prior to repeal by Pub. L. 101–591, §5(b), Nov. 16, 1990, 104 Stat. 2936. See section 3505(c) of this title.
16 U.S.C. § 3834 (2024) — Title 16: CONSERVATION / Chapter 58: ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM / Subchapter IV: AGRICULTURAL RESOURCES CONSERVATION PROGRAM / Section 3834: Payments
Payments
Status: in_force

(a) Timing

The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—

(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and

(2) with respect to any annual rental payment obligation incurred by the Secretary—

(A) as soon as practicable after October 1 of each calendar year; or

(B) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred.

(b) Cost sharing payments

(1) In general

In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.

(2) Limitations

(A) In general

The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subpart, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary.

(B) Mid-contract management grazing

The Secretary may not make any cost sharing payment to an owner or operator under this subpart pursuant to section 3832(a)(5) of this title.

(C) Seed cost

In the case of seed costs related to the establishment of cover, cost sharing payments under this subpart shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary.

(3) Other Federal cost share assistance

Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 3831a of this title, an owner or operator shall not be eligible to receive or retain cost share assistance under this subsection if the owner or operator receives any other Federal cost share assistance with respect to the land under any other provision of law.

(4) Practice incentives for continuous practices

In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under section 3831(d)(6) of this title in an amount not to exceed 50 percent of the actual cost of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment of cover, as determined by the Secretary.

(c) Forest management incentive payments

(1) In general

Using funds made available under section 3841(a)(1)(A) of this title, the Secretary may make incentive payments to an owner or operator of eligible land in an amount sufficient to encourage proper thinning and other practices to improve the condition of resources, promote forest management, or enhance wildlife habitat on the land.

(2) Limitation

A payment described in paragraph (1) may not exceed 100 percent of the total cost of thinning and other practices conducted by the owner or operator.

(d) Annual rental payments

(1) In general

In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland or other eligible lands normally devoted to the production of an agricultural commodity to less intensive use, the Secretary shall consider—

(A) the amount necessary to encourage owners or operators of highly erodible cropland or other eligible lands to participate in the program established by this subpart;

(B) the impact on the local farmland rental market; and

(C) such other factors as the Secretary determines to be appropriate.

(2) Methods of determination

(A) In general

The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe.

(B) Multiple enrollments

(i) In general

Subject to clause (ii), if land subject to a contract entered into under this subpart is reenrolled under section 3831(h)(1) of this title or has been previously enrolled in the conservation reserve, the annual rental payment shall be in an amount that is not more than 85 percent in the case of general enrollment contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs.

(ii) Conservation reserve enhancement program

The reduction in annual rental payments under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under section 3831a of this title.

(C) Grasslands

Notwithstanding subparagraph (A), in the case of eligible land described in section 3831(b)(3) of this title, the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract.

(D) Continuous sign-up incentives

The Secretary shall make an incentive payment to the owner or operator of land enrolled under section 3831(d)(6) of this title at the time of initial enrollment in an amount equal to 32.5 percent of the amount of the first annual rental payment under subparagraph (A).

(3) Acceptance of contract offers

(A) Evaluation of offers

In determining the acceptability of contract offers, the Secretary may take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits.

(B) Establishment of different criteria in various States and regions

The Secretary may establish different criteria for determining the acceptability of contract offers in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.

(C) Local preference

In determining the acceptability of contract offers for new enrollments, the Secretary shall accept, to the maximum extent practicable, an offer from an owner or operator that is a resident of the county in which the land is located or of a contiguous county if, as determined by the Secretary, the land would provide at least equivalent conservation benefits to land under competing offers.

(4) Rental rates

(A) Annual estimates

The Secretary (acting through the National Agricultural Statistics Service) shall annually conduct a survey of per acre estimates of county average market dryland and irrigated cash rental rates for cropland and pastureland in all counties or equivalent subdivisions within each State that have 20,000 acres or more of cropland and pastureland, and shall publish the estimates derived from the survey not later than September 15 of each year.

(B) Public availability of estimates

The estimates derived from the survey conducted under subparagraph (A) and the average current and previous soil rental rates for each county shall be maintained on a website of the Department of Agriculture for use by the general public.

(C) Use

The Secretary shall consider the estimates derived from the survey conducted under subparagraph (A) relating to dryland cash rental rates as a factor in determining rental rates under this section in a manner determined appropriate by the Secretary.

(D) Submission of additional information by State FSA offices and CREP partners

(i) In general

The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in section 3831a(a) of this title) in conservation reserve enhancement programs under section 3831a of this title to propose an alternative soil rental rate prior to finalizing new rates, on the condition that documentation described in clause (ii) is provided to support the proposed alternative.

(ii) Acceptable documentation

Documentation referred to in clause (i) includes—

(I) an average of cash rents from a random sample of lease agreements;

(II) cash rent estimates from a published survey;

(III) neighboring county estimate comparisons from the National Agricultural Statistics Service;

(IV) an average of cash rents from Farm Service Agency farm business plans;

(V) models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or

(VI) other documentation, as determined by the Secretary.

(iii) Notification

Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause (i) that were accepted or rejected.

(E) Rental rate limitation

Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed—

(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or

(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.

(e) Payment schedule

(1) In general

Except as otherwise provided in this section, payments under this subpart shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract.

(2) Advance payment

Payments under this subpart may be made in advance of determination of performance.

(f) Payments on death, disability, or succession

If an owner or operator that is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.

(g) Payment limitation for rental payments

(1) In general

Except as provided in paragraph (2), the total amount of rental payments received by a person or legal entity, directly or indirectly, under this subpart for any fiscal year may not exceed $50,000.

(2) Wellhead protection

Paragraph (1) and section 1308–3a(b) of title 7 shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subpart for the purpose of protecting a wellhead.

(h) Other State or local assistance

In addition to any payment under this subpart, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the conservation reserve program.

(Pub. L. 99–198, title XII, §1234, as added Pub. L. 107–171, title II, §2101(a), May 13, 2002, 116 Stat. 245; amended Pub. L. 110–234, title II, §§2109, 2110(a), (b)(1), (c), May 22, 2008, 122 Stat. 1034, 1035; Pub. L. 110–246, §4(a), title II, §§2109, 2110(a), (b)(1), (c), June 18, 2008, 122 Stat. 1664, 1762, 1763; Pub. L. 113–79, title II, §2005, Feb. 7, 2014, 128 Stat. 718; Pub. L. 115–334, title II, §2207, Dec. 20, 2018, 132 Stat. 4546.)

Editorial Notes

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.

Prior Provisions

A prior section 3834, Pub. L. 99–198, title XII, §1234, Dec. 23, 1985, 99 Stat. 1511; Pub. L. 100–387, title III, §322, Aug. 11, 1988, 102 Stat. 950; Pub. L. 101–624, title XIV, §§1434, 1447(a), Nov. 28, 1990, 104 Stat. 3581, 3605, related to payments for obligations, prior to the general amendment of this subpart by Pub. L. 107–171.

Amendments

2018—Subsec. (b)(2) to (5). Pub. L. 115–334, §2207(a), added par. (2), redesignated par. (5) as (3) and substituted "Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under section 3831a of this title, an owner" for "An owner", added par. (4), and struck out former pars. (2) to (4) which related to limitation on payments, payments for land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors, and extension of planting of hardwood trees over a 3-year period, respectively.

Subsec. (c). Pub. L. 115–334, §2207(b)(1), substituted "Forest management incentive payments" for "Incentive payments" in heading.

Subsec. (c)(1). Pub. L. 115–334, §2207(b)(2), substituted "Using funds made available under section 3841(a)(1)(A) of this title, the Secretary" for "The Secretary".

Subsec. (c)(2). Pub. L. 115–334, §2207(b)(3), substituted "100 percent" for "150 percent".

Subsec. (d)(1). Pub. L. 115–334, §2207(c)(1), substituted "the Secretary shall consider—" for "the Secretary may consider, among other things,", inserted subpar. (A) designation before "the amount" and substituted semicolon for period at end, and added subpars. (B) and (C).

Subsec. (d)(2)(A). Pub. L. 115–334, §2207(c)(2)(A), substituted "determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe." for "determined through—

"(i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or

"(ii) such other means as the Secretary determines are appropriate."

Subsec. (d)(2)(B). Pub. L. 115–334, §2207(c)(2)(C), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (d)(2)(C). Pub. L. 115–334, §2207(c)(2)(B), (D), redesignated subpar. (B) as (C) and substituted "Notwithstanding subparagraph (A), in the case" for "In the case".

Subsec. (d)(2)(D). Pub. L. 115–334, §2207(c)(2)(E), added subpar. (D).

Subsec. (d)(4). Pub. L. 115–334, §2207(c)(3), (4), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: "In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis."

Subsec. (d)(4)(A). Pub. L. 115–334, §2207(c)(5)(A), substituted "annually" for ", not less frequently than once every other year," and inserted ", and shall publish the estimates derived from the survey not later than September 15 of each year" before period at end.

Subsec. (d)(4)(B). Pub. L. 115–334, §2207(c)(5)(B), inserted "and the average current and previous soil rental rates for each county" before "shall be maintained".

Subsec. (d)(4)(C). Pub. L. 115–334, §2207(c)(5)(C), substituted "shall consider" for "may use".

Subsec. (d)(4)(D), (E). Pub. L. 115–334, §2207(c)(5)(D), added subpars. (D) and (E).

Subsec. (d)(5). Pub. L. 115–334, §2207(c)(4), redesignated par. (5) as (4).

Subsec. (g)(1). Pub. L. 115–334, §2207(d)(1), substituted "Except as provided in paragraph (2), the total" for "The total".

Subsec. (g)(2). Pub. L. 115–334, §2207(d)(2), added par. (2) and struck out former par. (2) which related to applicability of payment limitations relative to agreements entered into under a special conservation reserve enhancement program.

2014—Subsec. (b). Pub. L. 113–79, §2005(b)(1)(A), struck out "Federal percentage of" before "cost sharing payments" in heading.

Subsec. (b)(3)(A). Pub. L. 113–79, §2005(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "This paragraph applies to—

"(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990;

"(ii) land converted to such production under section 3835a of this title; and

"(iii) land on which an owner or operator agrees to conduct thinning authorized by section 3832(a)(9) of this title, if the thinning is necessary to improve the condition of resources on the land."

Subsec. (b)(3)(B)(i). Pub. L. 113–79, §2005(b)(1)(B)(i), struck out "or thinning" before period at end.

Subsec. (b)(3)(B)(ii). Pub. L. 113–79, §2005(b)(1)(B)(ii), amended cl. (ii) generally. Prior to amendment, text read as follows: "The Secretary shall make payments as described in clause (i) for a period of not less than 2 years, but not more than 4 years, beginning on the date of—

"(I) the planting of the trees or shrubs; or

"(II) the thinning of existing stands to improve the condition of resources on the land."

Subsecs. (c), (d). Pub. L. 113–79, §2005(b)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 113–79, §2005(c)(1), inserted "or other eligible lands" after "highly erodible cropland" in two places.

Subsec. (d)(2). Pub. L. 113–79, §2005(c)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—

"(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or

"(B) such other means as the Secretary determines are appropriate."

Subsec. (d)(5)(A). Pub. L. 113–79, §2005(c)(3)(A), substituted ", not less frequently than once every other year, conduct a survey" for "conduct an annual survey".

Subsec. (d)(5)(B). Pub. L. 113–79, §2005(c)(3)(B), struck out "annual" before "survey".

Subsec. (d)(5)(C). Pub. L. 113–79, §2005(c)(3)(C), added subpar. (C).

Subsec. (e). Pub. L. 113–79, §2005(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to cash or in-kind payments.

Pub. L. 113–79, §2005(b)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsecs. (f), (g). Pub. L. 113–79, §2005(b)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively. Former subsec. (g) redesignated (h).

Subsec. (g)(1). Pub. L. 113–79, §2005(e)(1), struck out ", including rental payments made in the form of in-kind commodities," after "total amount of rental payments".

Subsec. (g)(2) to (4). Pub. L. 113–79, §2005(e)(2), (3), redesignated par. (4) as (2) and struck out par. (3). Prior to amendment, text of par. (3) read as follows: "Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002."

Subsec. (h). Pub. L. 113–79, §2005(b)(2), redesignated subsec. (g) as (h).

2008—Subsec. (b)(3). Pub. L. 110–246, §2109, added par. (3) and struck out former par. (3) which related to the making of payments to an owner or operator of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors.

Subsec. (c)(3). Pub. L. 110–246, §2110(a), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "In determining the acceptability of contract offers, the Secretary may—

"(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and

"(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated."

Subsec. (c)(5). Pub. L. 110–246, §2110(b)(1), added par. (5).

Subsec. (f)(1). Pub. L. 110–246, §2110(c)(1), substituted "received by a person or legal entity, directly or indirectly," for "made to a person".

Subsec. (f)(2). Pub. L. 110–246, §2110(c)(2), struck out par. (2) which related to promulgation of regulations defining the term "person" as used in subsec. (f) and providing terms and conditions determined necessary to ensure a fair and reasonable application of the subsec. (f) limitation.

Subsec. (f)(4)(A). Pub. L. 110–246, §2110(c)(3), substituted "any person or legal entity" for "any person".

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.

First Survey Pursuant to Subsection (c)(5)

Pub. L. 110–234, title II, §2110(b)(2), May 22, 2008, 122 Stat. 1035, and Pub. L. 110–246, §4(a), title II, §2110(b)(2), June 18, 2008, 122 Stat. 1664, 1763, provided that: "The first survey required by paragraph (5) of section 1234(c) [now 1234(d)] of the Food Security Act of 1985 (16 U.S.C. 3834(c) [now 16 U.S.C. 3834(d)]), as added by subsection (a), shall be conducted not later than 1 year after the date of enactment of this Act [June 18, 2008]."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Conservation Research Application

For provisions directing that enumerated provisions of the Food Security Act of 1985 shall apply to the conservation reserve program under this subchapter with respect to rental payments to persons under contracts entered into after Dec. 22, 1987, with certain exceptions, see section 1305(d) of Pub. L. 100–203, set out as a note under section 1308 of Title 7, Agriculture.