16 U.S.C. § 471i (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 471i: Pinelands National Reserve
Pinelands National Reserve
Status: in_force

(a) Congressional findings

The Congress finds that—

(1) the Pinelands area in New Jersey, containing approximately 1,000,000 acres of pine-oak forest, extensive surface and ground water resources of high quality, and a wide diversity of rare plant and animal species, provides significant ecological, natural, cultural, recreational, educational, agricultural, and public health benefits;

(2) there is a national interest in protecting and preserving these benefits for the residents of and visitors to the area;

(3) a primary responsibility for protecting and enhancing these benefits resides with the State of New Jersey and the various local units of government having jurisdiction over the area;

(4) in view of the longstanding Federal practice of assisting the States in creating, protecting, preserving, and enhancing areas of significant regional and urban importance, and in view of the national significance of this resource, the Federal Government has an interest in assisting the State of New Jersey and its local units of government in fulfilling their responsibilities and in avoiding adverse Federally approved or assisted impacts before these responsibilities can be undertaken;

(5) the State of New Jersey and its local units of government have authority to prevent or minimize adverse uses of the land and water resources of the Pinelands area and can, to a great extent, protect the health, safety, and general welfare by the use of such authority; and

(6) there is a demonstrated need to protect, preserve and enhance the land and water resources of the Pinelands area through a new program which combines the capabilities and resources of the local, State and Federal governments and the private sector and provides an alternative to large-scale direct Federal acquisition and management in cases where such acquisition and management is inappropriate.

(b) Purposes

The purposes of this section are—

(1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area;

(2) to encourage and assist the State of New Jersey and its units of local government in the development of a comprehensive management plan for the Pinelands area in order to assure orderly public and private development in the area consistent with the findings of this section;

(3) to provide, during the development of this comprehensive plan, Federal financial assistance for the acquisition of lands in the Pinelands area that have critical ecological values which are in immediate danger of being adversely affected or destroyed;

(4) to encourage and assist the State and its units of local government in developing a governmental mechanism to implement this comprehensive plan, and to provide Federal financial assistance for the acquisition of lands consistent with the comprehensive plan;

(5) to encourage adequate coordination of all government programs affecting the land and water resources of the Pinelands area.

(c) Pinelands National Reserve and Federal Project Review Area; establishment; map, availability

There is hereby established the Pinelands National Reserve which shall consist of the approximately 1,000,000-acre area generally depicted on the map entitled "Pinelands National Reserve Boundary Map" numbered NPS/80,011A and dated September 1978. Within the Pinelands National Reserve, there is hereby established the Federal Project Review Area, which shall consist of the approximately 486,000 acre area also depicted on the map. The map shall be on file and available for public inspection in the offices of the Department of the Interior in Washington, and in the offices of the State of New Jersey planning entity established pursuant to subsection (d), and in locations throughout the Pinelands National Reserve as determined by the planning entity.

(d) State planning entity for development of comprehensive management plan; membership; representation of interests; assistance and grants to State

Within thirty days after November 10, 1978, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall request the Governor of the State of New Jersey to establish, within ninety days of such request, a planning entity to develop a comprehensive management plan for the Pinelands National Reserve. In order to carry out the purposes of this section, such planning entity shall be composed of fifteen members to be appointed as follows: one member appointed by the Secretary; one member from each of the seven counties in the Pinelands National Reserve to be appointed by the respective governing bodies of each county; and seven members to be appointed by the Governor. The membership of the planning entity shall include residents of the Pinelands National Reserve who represent economic activities such as agriculture in the area, as well as residents of New Jersey who represent conservation interests. The Secretary shall provide technical assistance and grants to the State for the development of the plan or revisions thereof: Provided, That such grants shall not exceed 75 percent of the cost of developing the plan, shall be made only upon application of the Governor, on behalf of the planning entity, and shall be subject to such other conditions as the Secretary may deem appropriate to assure State and local interim protection of the area.

(e) Planning entity consultations; public hearings

During the development of the management plan, the planning entity shall:

(1) consult with appropriate officials of any local government or State or Federal agency which has jurisdiction over lands and waters within the area;

(2) consult with the officials of any local government which has jurisdiction over lands and waters within areas delineated in accordance with subsection (f)(2)(B);

(3) consult with interested professional, scientific and citizen organizations;

(4) consult with a citizens advisory committee which may be established by the Governor; and

(5) conduct public hearings at places within the area, and at such other places as may be appropriate, for the purpose of providing interested persons with an opportunity to express their views with respect to matters covered by the management plan.

(f) Comprehensive management plan; terms and provisions; resource assessment; boundary map, delineations; land use map and policy statement; coordination and consistency, public use, and financial components; programs; water implementation plan

The comprehensive management plan for the Pinelands National Reserve shall include, but need not be limited to—

(1) A resource assessment which:

(A) determines the amount and type of human development and activity which the ecosystem can sustain while still maintaining the overall ecological values described in this section with special reference to (i) ground and surface water supply and quality; (ii) natural hazards, including fire; (iii) endangered, unique and unusual plants and animals and biotic communities; (iv) ecological factors relating to the protection and enhancement of blueberry and cranberry production and other agricultural activity; (v) air quality; and (vi) other appropriate considerations affecting the ecological integrity of the area; and

(B) includes an assessment of scenic, aesthetic, cultural, open space, and outdoor recreation resources of the area together with a determination of overall policies required to maintain and enhance these resources.

(2) A map showing the detailed boundary of the Pinelands National Reserve, such map to delineate:

(A) major areas within the boundary which are of critical ecological importance;

(B) major areas and resources adjacent to the boundary that have significance to the ecological integrity of the Pinelands National Reserve; and

(C) areas of scenic, open space, cultural and recreational significance.

(3) A land use capability map and a comprehensive statement of policies for land use management of the area which:

(A) consider and detail the application of a variety of land and water protection and management techniques, including but not limited to, zoning and regulation derived from State and local police powers, development and use standards and permit systems, acquisition of conservation easements and other interests in land, public access agreements with private landowners, purchase of land for resale or lease-back, fee acquisition of public recreation sites and ecologically sensitive areas and any other method of land and water protection and management which will help meet the goals and carry out the policies of the management plan;

(B) include a policy for the use of State and local police power responsibilities to the greatest extent practicable to regulate the use of land and water resources in a manner consistent with the purposes of this section; and

(C) recognize existing economic activities within the area and provide for the protection and enhancement of such activities as farming, forestry, proprietary recreational facilities, and those indigenous industries and commercial and residential developments which are consistent with the findings and purposes of this section.

(4) A coordination and consistency component which details the ways in which local, State and Federal programs and policies may best be coordinated to promote the goals and policies of the management plan, and which details how land, water and structures managed by governmental or nongovernmental entities in the public interest within the area may be integrated into the management plan.

(5) A public use component including, among other items, a detailed program to educate the public concerning appropriate uses of the area.

(6) A financial component, together with a cash flow timetable, which:

(A) details the cost of implementing the management plan, including, but not limited to, payments in lieu of taxes, general administrative costs, and any anticipated extraordinary or continuing costs; and

(B) details the sources of revenue for covering such costs, including, but not limited to, grants, donations and loans from local, State, and Federal departments and agencies, and from the private sector.

(7) A program to provide for the maximum feasible local government and public participation in the management of the Pinelands National Reserve.

(8) A program for State and local governmental implementation of the comprehensive management plan in a manner that will insure the continued, uniform, consistent protection of this area in accord with the purposes of this section.

(9) In conjunction with existing State programs and planning processes, a plan to implement the provisions of the Clean Water Act [33 U.S.C. 1251 et seq.] and the Safe Drinking Water Act [42 U.S.C. 300f et seq.] which pertain to the surface and ground waters of the Pinelands National Reserve.

(g) Comprehensive management plan and revisions; approval by Secretary; submission to Congress; approval considerations; disapproval and revision recommendations, notification; resubmission and consideration; Federal assistance, termination; modifications and revisions; reimbursement

(1) The State of New Jersey, through the planning entity, shall adopt and submit to the Secretary a comprehensive management plan within eighteen months after the date that funds are first provided for its preparation under subsection (d). In the event the State fails to submit the plan within such time period, the Secretary may obtain reimbursement or offset from the State of all Federal funds previously granted under this section. The Secretary shall, within ninety days after the date the plan is submitted to him, either approve or disapprove the plan. Should the Secretary fail to act on the proposed plan within ninety days, the plan shall be regarded as approved. Upon approval, the Secretary shall submit the plan to the Congress for a period of ninety days prior to implementation.

(2) In determining whether or not to approve the management plan, the Secretary shall consider whether:

(A) the planning entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation and review of the plan, and whether such review and comment thereon were considered in the plan or revision as presented to him;

(B) he has received adequate assurances from appropriate State officials that the recommended implementation program identified in the plan will be initiated within a reasonable time after the date of approval of the plan and such program will insure effective implementation of the State and local aspects of the plan;

(C) provision is made for the participation of a Federal representative in the implementation program;

(D) the plan requires the exercise of police power responsibilities to the greatest extent practicable to regulate the use of land and water resources in a manner consistent with the purposes of this section;

(E) the plan, if implemented, would adequately protect the significant natural, ecological, agricultural, scenic, cultural and recreational resources of the Pinelands National Reserve and, consistent with such protection, provide adequate and appropriate outdoor recreational opportunities and economic activities within the area;

(F) the plan provides for the Governor of the State of New Jersey to exercise effective and continuing oversight over its implementation; and

(G) after consultation with the Secretary of Defense, the national defense mission of the military installations within, contiguous or adjacent to the Pinelands National Reserve has been adequately provided for.

(3) If the Secretary disapproves the management plan or a revision thereof, he shall, within sixty days after the date of such disapproval, advise the planning entity in writing of the reasons therefor, together with his recommendations for revision. The State of New Jersey, through the planning entity shall, within one hundred and twenty days after receipt by the planning entity of notification of such disapproval, revise and resubmit the plan to the Secretary who shall approve or disapprove a proposed revision within sixty days after the date it is submitted to him. Should the Secretary fail to act on a proposed revision within sixty days, the revision shall be considered as approved.

(4) The Secretary shall consider a plan revision in accordance with the procedure set forth in paragraph (2). Such revisions must be consistent with the purposes of this section.

(5) In the event that the planning entity fails to obtain approval of the plan by the Secretary within thirty-six months after the date funds are first provided under subsection (d) for development of the plan, the Secretary shall terminate all Federal assistance for and participation in the development of such plan, and may obtain reimbursement or offset from the State of New Jersey of all Federal funds previously granted under this section.

(6) The Secretary shall provide technical assistance for and monitor at periodic intervals the implementation of the approved management plan. A local jurisdiction or the State shall obtain the approval of the Secretary prior to any modification of the approved plan. The Secretary shall consider a plan revision in accordance with the procedure set forth in paragraph (2). Such revisions must be consistent with the purposes of this section. Any jurisdiction that implements changes to the approved management plan, or adopts or acquiesces in changes to laws, regulations, or policies adopted to implement such plan, without approval of the Secretary, may be liable for reimbursement or offset of all Federal funds previously granted to it under this section without regard to such additional terms and conditions or other requirements of law that may be applicable to such grants.

(h) Grants for State acquisition of property; Secretary's acquisition and administration of property; conveyance by Secretary, terms and conditions; State reimbursement; grant authorization and applications; limitation

(1)(A) During the development of the management plan, the Secretary is authorized to make grants to the State of New Jersey for the acquisition of lands and waters or interests therein within the Pinelands National Reserve that he determines, in consultation with the State planning entity, have critical ecological values which are in immediate danger of being adversely affected or destroyed.

(B) The grants authorized by subsection (h)(1)(A) together with the grants made under paragraph (4) of this subsection, shall (i) be made in a manner consistent with the requirements of chapter 2003 of title 54; (ii) not exceed 75 percent of the total cost of all property acquired by the State pursuant to this subsection; (iii) be supplemental to any other Federal financial assistance for any other program; and (iv) be subject to such additional terms and conditions as the Secretary may deem necessary to effectuate the purposes of this section.

(2) In the event the State elects not to make acquisitions as authorized under subsection (h)(1), the Secretary, during the development of the management plan, is authorized to acquire such lands, waters or interests therein by donation, purchase with donated or appropriated funds, exchange, or otherwise, and to administer such property under the laws generally applicable to units of the National Park System or National Wildlife Refuge System in a manner to carry out the purposes of this section.

(3) After his approval of the management plan, the Secretary (A) is authorized to convey property acquired pursuant to subsection (h)(2) to State or local authorities in accordance with the management plan, under such terms and conditions as he may deem appropriate, which shall include (i) a requirement that where the Secretary transfers land acquired with appropriated funds, the State or local government shall repay not less than 25 percent of the cost of such lands to the Secretary under such terms and conditions as he may deem appropriate, and (ii) a retention of a right of reversion of title to the United States, and (B) shall accept from the State those lands acquired pursuant to subsection (h)(1), which are identified in the management plan as being appropriate for Federal ownership and management: Provided, That the Secretary shall reimburse to the State such sums as are necessary to (i) cover 100 percent of the original cost of acquisition as to each parcel of land so transferred and (ii) assure that as to the remainder of lands acquired pursuant to subsection (h)(1) not transferred under this subsection, the total Federal land acquisition cost does not exceed 75 percent of the purchase price of such lands.

(4) Upon approval of the management plan, the Secretary is authorized to make grants for the acquisition within the Pinelands National Reserve of lands and waters or interests therein in a manner consistent with the management plan. All applications for such grants shall be made within ten years from the date of implementation of the management plan.

(i) Applications for Federal construction assistance; review by planning entity; notifications; commencement of review process

During the development of the management plan for the Pinelands National Reserve, all applications for Federal assistance under programs covered by Part I of OMB Circular A–95 and direct Federal actions covered by Part II of OMB Circular A–95 within the Federal Project Review Area generally depicted on the map referred to in subsection (c) which involve the construction of housing, industrial parks, highways, or sewage or water treatment facilities shall be reviewed by the planning entity, upon receipt from the New Jersey State A–95 Clearinghouse (hereinafter referred to as the Clearinghouse). If the planning entity finds that such application or proposed action would have no adverse impact on the resources and ecological values of the Federal Project Review Area, the planning entity shall so notify the Clearinghouse. If the planning entity does not so find, Congress authorizes the planning entity to notify the Clearinghouse and other affected parties that such application or proposed action shall not proceed pending further review, and the planning entity shall forward such application or notice of proposed action to the Secretary. Any such application or proposed action which the Secretary determines would be significantly adverse to the purposes of this section shall not proceed while the management plan is being developed. The review process established under this subsection shall begin upon the appropriation of funds under subsection (k).

(j) Federal action pursuant to Federal court or agency orders related to public health or safety, national security or defense, or environmental values unaffected

Nothing in this section shall be construed to limit or prohibit any Federal action ordered by a court of competent jurisdiction or directed by a Federal agency as essential for the protection of public health or safety, for national security or defense, or for the maintenance of environmental values within the Pinelands National Reserve or the Federal Project Review Area.

(k) Authorization of appropriations; sources for appropriations; acquisitions consistent with management plan

(1) There is authorized to be appropriated not to exceed $26 million to carry out the provisions of this section. Not to exceed $3 million shall be available for planning: Provided, That any funds not used for planning shall be available for land acquisition; Provided further, That $23,000,000 shall be made available for land acquisition, as authorized by this section. Such appropriations may be made from the general fund of the Treasury or from revenues due and payable to the United States under the Outer Continental Shelf Lands Act, as amended [43 U.S.C. 1331 et seq.], which would otherwise be credited to miscellaneous receipts.

(2) In addition to other funds authorized pursuant to this subsection, there are hereby authorized to be appropriated not to exceed $14,500,000 for land acquisition, the Federal share of which may not exceed 50 percent of the total cost. Land acquisition pursuant to this subsection shall be carried out in accordance with the requirements of subsection (h) of this section insofar as such requirements are not inconsistent with this paragraph. Such acquisitions shall also be carried out in a manner consistent with the management plan and shall include—

(A) lands located within the preservation area of the National Reserve which is designated in the management plan;

(B) lands that are within the areas protected by the management plan and that are threatened by adverse development or have critical ecological values; or

(C) lands that have limited practical use because of their location in the Reserve and that are held by landowners who both own less than 50 acres in the Reserve and have exhausted existing remedies to secure relief.

Additional funds contributed by the State to the Pinelands Development Bank after enactment of this Act, not to exceed $5,000,000, may be counted as part of the State share of land acquisition funds.

(l) Pinelands interpretative and educational program; Interior Department study and recommendations

(1) Study and recommendations for interpretative and educational program

For the purpose of enhancing public understanding, awareness, and appreciation with respect to the natural and cultural resources of the Pine Barrens area of New Jersey, the Secretary shall, within 9 months after October 13, 1988, study and recommend appropriate initiatives to provide an educational and interpretative program for the Reserve. The Secretary shall conduct such study in consultation with the planning entity and the appropriate departments and agencies of the State of New Jersey.

(2) Items included

The study and recommendations required by this subsection shall include, but not be limited to each of the following:

(A) Interpretative and informational materials, exhibits, films, lectures, and other devices and educational methods.

(B) A plan to provide for educational and interpretative programs for the Reserve, considering among other things the improvement of existing facilities and interpretative programs in the Reserve, including the possible use of existing facilities such as Whitesbog, Batsto, Double Trouble State Park and Stockton State College.

(C) The use and enhancement of existing fire towers in the Reserve to serve as observation platforms.

(D) The appropriate role for departments and agencies of the State of New Jersey and the Federal Government in implementing the program.

(3) Study of Development Credit Bank and Development Credit System

The Secretary is authorized and directed to study the State of New Jersey Pinelands Development Credit Bank and Pinelands Development Credit System, and to submit to the Congress within 9 months after October 13, 1988, such recommendations as the Secretary determines appropriate for improvements of the operation of the State Pinelands Development Credit Bank and the overall Pinelands Development Credit Program.

(4) Study of Municipal Council

The Secretary shall study the Pinelands Municipal Council, and submit to the Congress within 9 months after October 13, 1988, such recommendations as the Secretary determines appropriate for improvements of the operation of the council.

(5) Contracts and agreements

The Secretary may enter into such contracts and agreements with the State of New Jersey and other public and private entities as may be necessary and appropriate to carry out the authorities and responsibilities of the Secretary under this subsection. For purposes of this subsection, there is authorized to be appropriated not more than $500,000 to prepare and complete the study pursuant to paragraph (1) and $3,000,000 to implement the recommendations of such study upon its approval by the Congress, the Federal share of which may not exceed 75 percent of the total cost.

(Pub. L. 95–625, title V, §502, Nov. 10, 1978, 92 Stat. 3492; Pub. L. 100–486, Oct. 13, 1988, 102 Stat. 2429; Pub. L. 113–287, §5(d)(10), Dec. 19, 2014, 128 Stat. 3265.)

Editorial Notes

References in Text

The Clean Water Act, referred to in subsec. (f)(9), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsec. (f)(9), is title XIV of act July 1, 1944, as added Pub. L. 93–523, §2(a), Dec. 16, 1974, 88 Stat. 1660, which is classified generally to subchapter XII (§300f et seq.) of chapter 6A 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 201 of Title 42 and Tables.

The Outer Continental Shelf Lands Act, as amended, referred to in subsec. (k)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

Enactment of this Act, referred to in subsec. (k)(2), probably means date of enactment of Pub. L. 100–486, which enacted subsec. (k)(2) of this section and which was approved Oct. 13, 1988.

Amendments

2014—Subsec. (h)(1)(B). Pub. L. 113–287, which directed substitution of "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act" in section 502 of the National Parks and Recreation Act of 1998, was executed to this section, which is section 502 of the National Parks and Recreation Act of 1978, to reflect the probable intent of Congress.

1988—Subsec. (k). Pub. L. 100–486, §2, designated existing provisions as par. (1) and added par. (2).

Subsec. (l). Pub. L. 100–486, §1, added subsec. (l).
16 U.S.C. § 460rrr (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter CXXIX: RIO GRANDE NATURAL AREA / Section 460rrr: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Commission

The term "Commission" means the Rio Grande Natural Area Commission established by section 460rrr–2(a) of this title.

(2) Natural Area

The term "Natural Area" means the Rio Grande Natural Area established by section 460rrr–1(a) of this title.

(3) Secretary

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

(Pub. L. 109–337, §2, Oct. 12, 2006, 120 Stat. 1777.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 109–337, §1, Oct. 12, 2006, 120 Stat. 1777, provided that: "This Act [enacting this subchapter] may be cited as the 'Rio Grande Natural Area Act'."
16 U.S.C. § 460b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXV: NATIONAL PARKWAYS / Section 460b: 19, 21, 23, 33
19, 21, 23, 33
Status: in_force

Section 460b, acts June 16, 1936, ch. 582, §5, 49 Stat. 1520; June 8, 1938, ch. 328, §8, 52 Stat. 635; Sept. 5, 1940, ch. 715, §9, 54 Stat. 870, related to determination of location of parkways upon public lands, national forests, or other Federal reservations.

Section 460c, act Sept. 7, 1950, ch. 912, §4(b), 64 Stat. 787, related to administration of parkway appropriations.
16 U.S.C. § 1306 (2024) — Title 16: CONSERVATION / Chapter 29: WATER BANK PROGRAM FOR WETLANDS PRESERVATION / Section 1306: Termination or modification of agreements
Termination or modification of agreements
Status: in_force

The Secretary may terminate any agreement by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration.

(Pub. L. 91–559, §7, Dec. 19, 1970, 84 Stat. 1471.)
16 U.S.C. § 4409 (2024) — Title 16: CONSERVATION / Chapter 64: NORTH AMERICAN WETLANDS CONSERVATION / Section 4409: Report to Congress
Report to Congress
Status: in_force

The Secretary shall report to the appropriate Committees on the implementation of this chapter. The report shall include—

(1) a biennial assessment of—

(A) the estimated number of acres of wetlands and habitat for waterfowl and other migratory birds that were restored, protected, or enhanced during such two-year period by Federal, State, and local agencies and other entities in the United States, Canada, and Mexico;

(B) trends in the population size and distribution of North American migratory birds;

(C) the status of efforts to establish agreements with nations in the Western Hemisphere pursuant to section 4413 of this title; and

(D) wetlands conservation projects funded under this chapter, listed and identified by type, conservation mechanism (such as acquisition, easement, or lease), location, and duration; and

(2) an annual assessment of the status of wetlands conservation projects, including an accounting of expenditures by Federal, State, and other United States entities, and expenditures by Canadian and Mexican sources to carry out these projects.

(Pub. L. 101–233, §10, Dec. 13, 1989, 103 Stat. 1976; Pub. L. 103–375, §2(b), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107–308, §8(a)(12), (13), Dec. 2, 2002, 116 Stat. 2448.)

Editorial Notes

References in Text

Section 4413 of this title, referred to in par. (1)(C), was in the original a reference to section 16 of Pub. L. 101–233 which enacted section 4413 of this title and amended section 2912 of this title.

Amendments

2002—Par. (1)(C). Pub. L. 107–308, §8(a)(12), substituted "Western Hemisphere" for "western hemisphere" and made technical amendment to reference in original act which appears in text as reference to section 4413 of this title.

Par. (1)(D). Pub. L. 107–308, §8(a)(13), substituted "; and" for period at end.

1994—Par. (1)(D). Pub. L. 103–375 added subpar. (D).
16 U.S.C. § 698f (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 698f: Big Cypress National Preserve; Big Cypress National Preserve Addition
Big Cypress National Preserve; Big Cypress National Preserve Addition
Status: in_force

(a) Establishment

In order to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the State of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National Preserve is hereby established.

(b) Location; boundaries; publication in Federal Register; area

The Big Cypress National Preserve (hereafter referred to as the "preserve") shall comprise the area generally depicted on the map entitled "Big Cypress National Preserve", dated November 1971 and numbered BC–91,001, which shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade Counties in the State of Florida. The Secretary of the Interior (hereafter referred to as the "Secretary") shall, as soon as practicable, publish a detailed description of the boundaries of the preserve in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water.

(c) Methods of acquisition of land; prerequisites to Federal appropriations; improved property; oil and gas rights; appraisal of property; transfer of Federal property to Secretary

The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve or the Addition: Provided, That any lands owned or acquired by the State of Florida, or any of its subdivisions, in the preserve may be acquired by donation only and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d): Provided further, That no Federal funds shall be appropriated until the Governor of Florida executes an agreement on behalf of the State which (i) provides for the transfer to the United States of all lands within the preserve previously owned or acquired by the State and (ii) provides for the donation to the United States of all lands acquired by the State within the preserve pursuant to the provision of "the Big Cypress Conservation Act of 1973" (Chapter 73–131 of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the preserve. No improved property, as defined by sections 698f to 698m–4 of this title, nor oil and gas rights, shall be acquired without the consent of the owner unless the Secretary, in his judgment, determines that such property is subject to, or threatened with, uses which are, or would be, detrimental to the purposes of the preserve. The Secretary may, if he determines that the acquisition of any other subsurface estate is not needed for the purposes of the preserve and the Addition, exclude such interest in acquiring any lands within the preserve and the Addition. Notwithstanding the provisions of section 4651 of title 42 the Secretary (i) may evaluate any offer to sell land within the preserve or the Addition by any landowner and may, in his discretion, accept any offer not in excess of $10,000 without an appraisal and (ii) may direct an appraisal to be made of any unimproved property within the preserve or the Addition without notice to the owner or owners, thereof. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of sections 698f to 698m–4 of this title, without transfer of funds. Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.

(d) Land within Addition; United States share of acquisition costs

(1) The aggregate cost to the United States of acquiring lands within the Addition may not exceed 80 percent of the total cost of such lands.

(2) Except as provided in paragraph (3), if the State of Florida transfers to the Secretary lands within the Addition, the Secretary shall pay to or reimburse the State of Florida (out of funds appropriated for such purpose) an amount equal to 80 percent of the total costs to the State of Florida of acquiring such lands.

(3) The amount described in paragraph (2) shall be reduced by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State of Florida.

(4) For purposes of this subsection, the term "total cost" means that amount of the total acquisition costs (including the value of exchanged or donated lands) less the amount of the costs incurred by the Federal Highway Administration and the Florida Department of Transportation, including severance damages paid to private property owners as a result of the construction of Interstate 75.

(Pub. L. 93–440, §1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100–301, §4(a)–(e), Apr. 29, 1988, 102 Stat. 444, 445; Pub. L. 108–483, §2, Dec. 23, 2004, 118 Stat. 3920.)

Editorial Notes

Amendments

2004—Subsec. (d)(3). Pub. L. 108–483 substituted "The amount described in paragraph (2)" for "The amount described in paragraph (1)".

1988—Subsec. (c). Pub. L. 100–301, §4(b), inserted in provisions before first proviso "or the Addition" after "boundaries of the preserve" and in first proviso "in the preserve" after "subdivisions," and "and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)" before the colon.

Pub. L. 100–301, §4(e), inserted "and the Addition" after "for the purposes of the preserve" and after "any lands within the preserve" in third sentence.

Pub. L. 100–301, §4(c), inserted "or the Addition" after "land within the preserve" and after "property within the preserve" in fourth sentence.

Pub. L. 100–301, §4(d), inserted at end "Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75."

Subsec. (d). Pub. L. 100–301, §4(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Short Title of 1988 Amendment

Pub. L. 100–301, §1(a), Apr. 29, 1988, 102 Stat. 443, provided that: "This Act [enacting sections 698m–1 to 698m–4 of this title, amending this section and sections 698h and 698j to 698m of this title, and enacting provisions set out below] may be cited as the 'Big Cypress National Preserve Addition Act'."

Findings and Purpose

Pub. L. 100–301, §2, Apr. 29, 1988, 102 Stat. 443, provided that:

"(a) Findings.—The Congress finds that—

"(1) the planned construction of Interstate 75 is presently being designed in such a way as to improve the natural water flow to the Everglades National Park, which has been disrupted by State Road 84 (commonly known as 'Alligator Alley');

"(2) the planned construction of Interstate 75 provides an opportunity to enhance protection of the Everglades National Park, to promote protection of the endangered Florida panther, and to provide for public recreational use and enjoyment of public lands by expanding the Big Cypress National Preserve to include those lands adjacent to Interstate 75 in Collier County north and east of the Big Cypress National Preserve, west of the Broward County line, and south of the Hendry County line;

"(3) the Federal acquisition of lands bordering the Big Cypress National Preserve in conjunction with the construction of Interstate 75 would provide significant public benefits by limiting development pressure on lands which are important both in terms of fish and wildlife habitat supporting endangered species and of wetlands which are the headwaters of the Big Cypress National Preserve; and

"(4) public ownership of lands adjacent to the Big Cypress National Preserve would enhance the protection of the Everglades National Park while providing recreational opportunities and other public uses currently offered by the Big Cypress National Preserve.

"(b) Purpose.—It is the purpose of this Act [see Short Title of 1988 Amendment note above] to establish the Big Cypress National Preserve Addition."
16 U.S.C. § 4406 (2024) — Title 16: CONSERVATION / Chapter 64: NORTH AMERICAN WETLANDS CONSERVATION / Section 4406: Amounts available to carry out this chapter
Amounts available to carry out this chapter
Status: in_force

(a) Omitted

(b) Migratory bird fines, penalties, forfeitures

The sums received under section 707 of this title as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title. This subsection shall not be construed to require the sale of instrumentalities.

(c) Authorization of appropriations

In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title not to exceed $60,000,000 for each of fiscal years 2021 through 2030.

(d) Availability of funds

Sums made available under this section shall be available until expended.

(Pub. L. 101–233, §7, Dec. 13, 1989, 103 Stat. 1974; Pub. L. 103–375, §4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105–312, title III, §302, Oct. 30, 1998, 112 Stat. 2958; Pub. L. 106–553, §1(a)(2) [title IX, §902(i)], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; Pub. L. 107–308, §5, Dec. 2, 2002, 116 Stat. 2447; Pub. L. 109–322, §2, Oct. 11, 2006, 120 Stat. 1756; Pub. L. 116–188, title I, §106, Oct. 30, 2020, 134 Stat. 917; Pub. L. 118–198, title I, §105, Dec. 23, 2024, 138 Stat. 2680.)

Editorial Notes

Codification

Section is comprised of section 7 of Pub. L. 101–233. Subsec. (a) of section 7 of Pub. L. 101–233 amended sections 669b and 669c of this title and enacted provisions set out as a note under section 669b of this title.

Amendments

2024—Subsec. (c). Pub. L. 118–198 substituted "2030" for "2025".

2020—Subsec. (c). Pub. L. 116–188 substituted "not to exceed $60,000,000 for each of fiscal years 2021 through 2025." for "not to exceed—" and pars. (1) to (5), authorizing appropriations for fiscal years 2003 through 2006 and fiscal years 2008 through 2012.

2006—Subsec. (c)(5). Pub. L. 109–322 substituted "each of fiscal years 2008 through 2012" for "fiscal year 2007".

2002—Subsec. (c). Pub. L. 107–308 substituted "not to exceed—" and pars. (1) to (5) for "not to exceed $50,000,000 for each of fiscal years 1999 through 2003."

2000—Subsec. (c). Pub. L. 106–553 substituted "$50,000,000" for "$30,000,000".

1998—Subsec. (c). Pub. L. 105–312 substituted "not to exceed $30,000,000 for each of fiscal years 1999 through 2003." for "not to exceed $20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998."

1994—Subsec. (c). Pub. L. 103–375 substituted "$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998" for "$15,000,000 for each of fiscal years 1991, 1992, 1993, and 1994".
16 U.S.C. § 5012 (2024) — Title 16: CONSERVATION / Chapter 70: NORTH PACIFIC ANADROMOUS STOCKS CONVENTION / Section 5012: Disposition of property
Disposition of property
Status: in_force

The Secretary shall dispose of any United States property held by the International North Pacific Fisheries Commission on the date of its termination in a manner that would further the purposes of this chapter.

(Pub. L. 102–567, title VIII, §813, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, §8013, Nov. 4, 1992, 106 Stat. 5106; Pub. L. 106–562, title III, §304(a), Dec. 23, 2000, 114 Stat. 2806.)

Editorial Notes

Codification

Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 3706 (2024) — Title 16: CONSERVATION / Chapter 57: NATIONAL FISH AND WILDLIFE FOUNDATION / Section 3706: Audits, report requirements, and petition of Attorney General for equitable relief
Audits, report requirements, and petition of Attorney General for equitable relief
Status: in_force

(a) Audits

For purposes of section 10101 of title 36, the Foundation shall be treated as a Corporation in part B of subtitle II of title 36.

(b) Report

The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments; and a description of all acquisition and disposal of real property that is subject to section 3703(e) of this title. The report shall include a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year.

(c) Relief with respect to certain Foundation acts or failure to act

If the Foundation—

(1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 3701(b) of this title; or

(2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to do so;

the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate.

(Pub. L. 98–244, §7, Mar. 26, 1984, 98 Stat. 110; Pub. L. 100–240, §2(b)(2), Jan. 11, 1988, 101 Stat. 1786; Pub. L. 106–408, title II, §205, Nov. 1, 2000, 114 Stat. 1780.)

Editorial Notes

Codification

In subsec. (a), "section 10101 of title 36" substituted for "the Act entitled 'An Act for audit of accounts of private corporations established under Federal law', approved August 30, 1964 (Public Law 88–504, 36 U.S.C. 1101–1103)" and "a corporation in part B of subtitle II of title 36" substituted for "a private corporation established under Federal law" on authority of Pub. L. 105–225, §5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations.

Amendments

2000—Subsec. (b). Pub. L. 106–408 substituted "the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate" for "Congress" and inserted at end "The report shall include a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year."

1988—Subsec. (b). Pub. L. 100–240 inserted "; and a description of all acquisition and disposal of real property that is subject to section 3703(e) of this title" before period at end.

Statutory Notes and Related Subsidiaries

Change of Name

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

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (b) of this section is listed on page 203), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
16 U.S.C. § 460ss (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter CIV: KLAMATH RIVER CONSERVATION AREA / Section 460ss: Findings
Findings
Status: in_force

The Congress finds that—

(1) the Klamath and Trinity Rivers have been placed under the California and National Wild and Scenic Rivers Systems to protect their outstanding anadromous fishery values;

(2) the Klamath and Trinity Rivers provide fishery resources necessary for Indian subsistence and ceremonial purposes, ocean commercial harvest, recreational fishing, and the economic health of many local communities;

(3) floods, the construction and operation of dams, diversions and hydroelectric projects, past mining, timber harvest practices, and roadbuilding have all contributed to sedimentation, reduced flows, and degraded water quality which has significantly reduced the anadromous fish habitat in the Klamath-Trinity River System;

(4) overlapping Federal, State, and local jurisdictions, inadequate enforcement of fishery harvest regulations, and ineffective fishery management have historically hampered fishery conservation efforts and prevented the Federal Government and the State of California from fulfilling their responsibilities to protect the rivers' anadromous fishery values;

(5) the Klamath-Trinity fall chinook salmon populations have declined by 80 percent from historic levels and steelhead trout have also undergone significant reductions;

(6) Klamath River Basin Fisheries Resource Plan has been developed by the Secretary acting through the Bureau of Indian Affairs;

(7) the Klamath Salmon Management Group, a group of agencies with fishery management responsibility, has established, in cooperation with the users of the Klamath-Trinity River Basin fishery resources, a sound framework for the future coordination of fishery harvest management;

(8) a new Klamath-Trinity River Basin Management authority, composed of the Klamath Salmon Management Group and representatives of users of the fishery resources of the Klamath-Trinity River Basin, is needed to ensure more effective long-term coordination of the Klamath-Trinity River fisheries under sound conservation and management principles that ensure adequate spawning escapement; and

(9) the Secretary has the authority to implement a restoration program only in the Trinity River Basin and needs additional authority to implement a restoration program in cooperation with State and local governments to restore anadromous fish populations to optimum levels in both the Klamath and Trinity River Basins; 1

(Pub. L. 99–552, §1, Oct. 27, 1986, 100 Stat. 3080.)

Statutory Notes and Related Subsidiaries

Short Title

Section 8 of Pub. L. 99–552, as added by Pub. L. 100–653, title VI, §604, Nov. 14, 1988, 102 Stat. 3830, provided that: "This Act [enacting this subchapter] may be cited as the 'Klamath River Basin Fishery Resources Restoration Act'."

Salmon Plan and Study

Pub. L. 109–479, title I, §113(b), Jan. 12, 2007, 120 Stat. 3602, as amended by Pub. L. 117–328, div. S, title II, §203(b), Dec. 29, 2022, 136 Stat. 5270, provided that:

"(1) Recovery plan.—Not later than 6 months after the date of enactment of this Act [Jan. 12, 2007], the Secretary of Commerce shall complete a recovery plan for Klamath River Coho salmon and make it available to the public.

"(2) Report.—Not later than 2 years after the date of enactment of the Fishery Resource Disasters Improvement Ac[t] [Dec. 29, 2002], and biennially thereafter, the Secretary of Commerce shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources [now Committee on Natural Resources] on—

"(A) the actions taken under the recovery plan and other law relating to recovery of Klamath River Coho salmon, and how those actions are specifically contributing to its recovery;

"(B) the progress made on the restoration of salmon spawning habitat, including water conditions as they relate to salmon health and recovery, with emphasis on the Klamath River and its tributaries below Iron Gate Dam;

"(C) the status of other Klamath River anadromous fish populations, particularly Chinook salmon; and

"(D) the actions taken by the Secretary to address the most recent National Research Council recommendations regarding monitoring and research on Klamath River Basin salmon stocks."

1 So in original. The semicolon probably should be a period.
16 U.S.C. § 580j (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 580j: Injury benefits for temporary employees
Injury benefits for temporary employees
Status: in_force

Appropriations of the Forest Service chargeable with salaries and wages shall be available for payment to temporary employees of the Forest Service for loss of time due to injury in official work at rates not in excess of those provided by subchapter I of chapter 81 of title 5, when the injured person is in need of immediate financial assistance to avoid hardship: Provided, That such payment shall not be made for a period in excess of fifteen days and the Secretary of Labor shall be notified promptly of the amount so paid, which amount shall be deducted from the amount, if any, otherwise payable by the Secretary of Labor to the employee on account of the injury, the amount so deducted by the Secretary of Labor to be paid to the Forest Service for deposit to the credit of the Forest Service appropriation from which the expenditure was made: Provided further, That when any person assisting in the suppression of forest fires or in other emergency work under the direction of the Forest Service, without compensation from the United States, pursuant to the terms of a contract, agreement, or permit, is injured in such work, the Forest Service may furnish hospitalization and other medical care, subsistence, and lodging for a period of not to exceed fifteen days during such disability, the cost thereof to be payable from the appropriation applicable to the work upon which the injury occurred, except that this proviso shall not apply when such person is within the purview of a State or other compensation act: Provided further, That determination by the Forest Service that payment is allowable under this section shall be final as to payments made hereunder, but such determination or payments with respect to employees shall not prevent the Secretary of Labor from denying further payments should the Secretary of Labor determine that compensation is not properly allowable under the provisions of subchapter I of chapter 81 of title 5.

(Apr. 24, 1950, ch. 97, §16, 64 Stat. 86.)

Editorial Notes

Codification

"Subchapter I of chapter 81 of title 5" substituted in text for references to the United States Employees' Compensation Act, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Executive Documents

Transfer of Functions

References to Secretary of Labor substituted in text for references to the United States Employees' Compensation Commission. United States Employees' Compensation Commission, created by section 28 of act Sept. 7, 1916, ch. 458, 39 Stat. 748, abolished and functions thereof transferred to Federal Security Agency to be performed in such manner and under such rules and regulations as Federal Security Administrator shall prescribe, by section 3 of Reorg. Plan No. 2 of 1946. These functions subsequently transferred to Department of Labor, to be administered under direction and supervision of Secretary of Labor, by section 1 of Reorg. Plan No. 19, of 1950.
16 U.S.C. § 6704 (2024) — Title 16: CONSERVATION / Chapter 86: SOUTHWEST FOREST HEALTH AND WILDFIRE PREVENTION / Section 6704: Establishment of Institutes
Establishment of Institutes
Status: in_force

(a) In general

The Secretary, in consultation with the Secretary of the Interior, shall—

(1) not later than 180 days after October 5, 2004, establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of forest and woodland ecosystems, in the interior West; and

(2) provide assistance to the Institutes to promote the use of collaborative processes and adaptive ecosystem management in accordance with paragraph (1).

(b) Location

(1) Existing Institutes

The Secretary may designate an institute in existence on October 5, 2004, to serve as an Institute established under this chapter.

(2) States

Of the Institutes established under this chapter, the Secretary shall establish 1 Institute in each of—

(A) the State of Arizona, to be located at Northern Arizona University;

(B) the State of New Mexico, to be located at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management (INRAM); and

(C) the State of Colorado.

(c) Duties

Each Institute shall—

(1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West;

(2) synthesize and adapt scientific findings from conventional research to implement restoration-based hazardous fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework;

(3) translate for and transfer to affected entities any scientific and interdisciplinary knowledge about restoration-based hazardous fuel reduction treatments;

(4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of restoration-based hazardous fuel reduction treatments; and

(5) provide peer-reviewed annual reports.

(d) Qualifications

Each Institute shall—

(1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences; and

(2) explicitly integrate those disciplines in the performance of the duties listed in subsection (c).

(e) Cooperation

Each Institute may cooperate with—

(1) researchers and cooperative extension programs at colleges, community colleges, and universities in the States of Arizona, New Mexico, and Colorado that have a demonstrated capability to conduct research described in subsection (c); and

(2) other organizations and entities in the interior West (such as the Western Governors' Association).

(f) Annual work plans

As a condition of the receipt of funds made available under this chapter, for each fiscal year, each Institute shall develop in consultation with the Secretary, for review by the Secretary, in consultation with the Secretary of the Interior, an annual work plan that includes assurances, satisfactory to the Secretaries, that the proposed work of the Institute will serve the informational needs of affected entities.

(g) Establishment of additional Institutes

If after 2 years after October 5, 2004, the Secretary finds that the Institute model established at the locations named in subsection (b)(2) would be constructive for other interior West States, the Secretary may establish 1 institute in each of those States.

(Pub. L. 108–317, §5, Oct. 5, 2004, 118 Stat. 1207.)
16 U.S.C. § 777k (2024) — Title 16: CONSERVATION / Chapter 10B: FISH RESTORATION AND MANAGEMENT PROJECTS / Section 777k: Payments of funds to and cooperation with Puerto Rico, the District of Columbia, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and Virgin Islands
Payments of funds to and cooperation with Puerto Rico, the District of Columbia, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and Virgin Islands
Status: in_force

The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Mayor of the District of Columbia, the Governor of Guam, the Governor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 777a of this title, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, out of money available for apportionment under this chapter, such sums as he shall determine, not exceeding for Puerto Rico 1 per centum, for the District of Columbia one-third of 1 per centum, for Guam one-third of 1 per centum, for American Samoa one-third of 1 per centum, for the Commonwealth of the Northern Mariana Islands one-third of 1 per centum, and for the Virgin Islands one-third of 1 per centum of the total amount apportioned in any one year, but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be made available for expenditure in Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case may be, in the succeeding year, on any approved projects, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior to supplement the 58.012 percent of the balance of each annual appropriation to be apportioned among the States under section 777c(c) of this title.

(Aug. 9, 1950, ch. 658, §12, 64 Stat. 434; July 2, 1956, ch. 489, §4, 70 Stat. 473; Aug. 1, 1956, ch. 852, §8, 70 Stat. 908; Pub. L. 86–70, §16, June 25, 1959, 73 Stat. 143; Pub. L. 91–503, title II, §203, Oct. 23, 1970, 84 Stat. 1103; Pub. L. 96–597, title III, §302(a), Dec. 24, 1980, 94 Stat. 3477; Pub. L. 98–369, div. A, title X, §1014(a)(7), July 18, 1984, 98 Stat. 1016; Pub. L. 109–59, title X, §10117, Aug. 10, 2005, 119 Stat. 1929; Pub. L. 114–94, div. A, title X, §10001(e), Dec. 4, 2015, 129 Stat. 1621.)

Editorial Notes

Amendments

2015—Pub. L. 114–94 substituted "58.012 percent" for "57 percent" and "under section 777c(c) of this title" for "under section 777c(b) of this title".

2005—Pub. L. 109–59 substituted "to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under section 777c(b) of this title" for "in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation" before period at end.

1984—Pub. L. 98–369 inserted "the Mayor of the District of Columbia," after "the Secretary of Agriculture of Puerto Rico,", "for the District of Columbia one-third of 1 per centum," after "for Puerto Rico 1 per centum," and "the District of Columbia," after "Puerto Rico," in two places.

1980—Pub. L. 96–597 inserted references to the Governor and the Commonwealth of the Northern Mariana Islands.

1970—Pub. L. 91–503 substituted "Secretary of Agriculture of Puerto Rico" for "Commissioner of Agriculture and Commerce of Puerto Rico", added American Samoa to the list of recipients, and substituted maximum limits of apportionment of one percent for Puerto Rico, one-third of one percent for Guam, one-third of one percent for American Samoa and one-third of one percent for Virgin Islands for maximum limit of $10,000 for Puerto Rico, Guam and Virgin Islands together.

1959—Pub. L. 86–70 struck out provisions which authorized cooperation with the Alaska Game Commission and permitted apportionment of not more than $75,000 in any one year to the Territory of Alaska.

1956—Act Aug. 1, 1956, inserted "the Governor of Guam" after "Commissioner of Agriculture and Commerce of Puerto Rico," and "Guam" after "Puerto Rico" in three remaining places those words appear.

Act July 2, 1956, struck out provisions which authorized the Secretary to cooperate with the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, struck out limitation of $25,000 on the amount of funds which could be apportioned to Hawaii in any one year, and substituted "Territory of Alaska" for "Territories" in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2005 Amendments

From Aug. 10, 2005, to end of fiscal year 2005, section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title.

Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective Oct. 1, 1984, and applicable with respect to fiscal years beginning after Sept. 30, 1984, see section 1014(b) of Pub. L. 98–369, set out as a note under section 777 of this title.

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.

Executive Documents

Transfer of Functions

Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 777 of this title.
16 U.S.C. § 6576 (2024) — Title 16: CONSERVATION / Chapter 84: HEALTHY FOREST RESTORATION / Subchapter V: HEALTHY FORESTS RESERVE PROGRAM / Section 6576: Protections and measures
Protections and measures
Status: in_force

(a) Protections

In the case of a landowner that enrolls land in the program and whose conservation activities result in a net conservation benefit for listed, candidate, or other species, the Secretary of Agriculture shall make available to the landowner safe harbor or similar assurances and protection under—

(1) section 1536(b)(4) of this title; or

(2) section 1539(a)(1) of this title.

(b) Measures

If protection under subsection (a) requires the taking of measures that are in addition to the measures covered by the applicable restoration plan agreed to under section 6573 of this title, the cost of the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for purposes of financial assistance under section 6574 of this title.

(Pub. L. 108–148, title V, §506, Dec. 3, 2003, 117 Stat. 1914.)
16 U.S.C. § 94 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XI: MOUNT RAINIER NATIONAL PARK / Section 94: Location of mining claims
Location of mining claims
Status: in_force

The location of mining claims under the mineral land laws of the United States is prohibited within the area of the Mount Rainier National Park, in the State of Washington. This provision shall not affect rights acquired in good faith before May 27, 1908, under the mineral land laws of the United States to any mining location or locations in said Mount Rainier National Park.

(May 27, 1908, ch. 200, §1, 35 Stat. 365.)
16 U.S.C. § 2440 (2024) — Title 16: CONSERVATION / Chapter 44A: ANTARCTIC MARINE LIVING RESOURCES CONVENTION / Section 2440: Jurisdiction of courts
Jurisdiction of courts
Status: in_force

The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter or of any regulation promulgated under this chapter.

(Pub. L. 98–623, title III, §311, Nov. 8, 1984, 98 Stat. 3405.)
16 U.S.C. § 1534 (2024) — Title 16: CONSERVATION / Chapter 35: ENDANGERED SPECIES / Section 1534: Land acquisition
Land acquisition
Status: in_force

(a) Implementation of conservation program; authorization of Secretary and Secretary of Agriculture

The Secretary, and the Secretary of Agriculture with respect to the National Forest System, shall establish and implement a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species pursuant to section 1533 of this title. To carry out such a program, the appropriate Secretary—

(1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, as amended [16 U.S.C. 742a et seq.], the Fish and Wildlife Coordination Act, as amended [16 U.S.C. 661 et seq.], and the Migratory Bird Conservation Act [16 U.S.C. 715 et seq.], as appropriate; and

(2) is authorized to acquire by purchase, donation, or otherwise, lands, waters, or interest therein, and such authority shall be in addition to any other land acquisition authority vested in him.

(b) Availability of funds for acquisition of lands, waters, etc.

Funds made available pursuant to chapter 2003 of title 54 may be used for the purpose of acquiring lands, waters, or interests therein under subsection (a) of this section.

(Pub. L. 93–205, §5, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95–632, §12, Nov. 10, 1978, 92 Stat. 3766; Pub. L. 113–287, §5(d)(32), Dec. 19, 2014, 128 Stat. 3267.)

Editorial Notes

References in Text

The Fish and Wildlife Act of 1956, as amended, referred to in subsec. (a)(1), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 742a of this title and Tables.

The Fish and Wildlife Coordination Act, as amended, referred to in subsec. (a)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.

The Migratory Bird Conservation Act, referred to in subsec. (a)(1), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.

Amendments

2014—Subsec. (b). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965, as amended,".

1978—Subsec. (a). Pub. L. 95–632, among other changes in text preceding par. (1), inserted reference to the Secretary of Agriculture with respect to the National Forest System and substituted the establishment and implementation of a plan to conserve plants for the establishment and implementation of a plan to conserve plants which were concluded in Appendices to the Convention.
16 U.S.C. § 689c (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 689c: Rules and regulations for administration of the Tahquitz Preserve; predatory animals
Rules and regulations for administration of the Tahquitz Preserve; predatory animals
Status: in_force

The Secretary of Agriculture shall execute the provisions of sections 689 to 689d of this title, and he is authorized to make all needful rules and regulations for the administration of such game preserves in accordance with the purposes of said sections, including regulations for hunting, capturing, or killing predatory animals, such as wolves, coyotes, cougar, and other species destructive to livestock or wildlife within the limits of said game preserve.

(July 3, 1926, ch. 776, §4, 44 Stat. 889.)
16 U.S.C. § 40c (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter V: YELLOWSTONE NATIONAL PARK / Section 40c: Creation of special fund; expenditure
Creation of special fund; expenditure
Status: in_force

For the purposes of sections 40a and 40b of this title, the Secretary of the Treasury is authorized to maintain hereafter in a special fund a sufficient portion of the park revenues, based upon estimates to be submitted by the Secretary of the Interior, and to expend the same upon certification by the Secretary of the Interior.

(June 4, 1948, ch. 417, §3, 62 Stat. 339.)
16 U.S.C. § 3214 (2024) — Title 16: CONSERVATION / Chapter 51: ALASKA NATIONAL INTEREST LANDS CONSERVATION / Subchapter VI: ADMINISTRATIVE PROVISIONS / Section 3214: Alaska gas pipeline
Alaska gas pipeline
Status: in_force

Nothing in this Act shall be construed as imposing any additional requirements in connection with the construction and operation of the transportation system designated by the President and approved by the Congress pursuant to the Alaska Natural Gas Transportation Act of 1976 (Public Law 94–586; 90 Stat. 2903) [15 U.S.C. 719 et seq.], or as imposing any limitations upon the authority of the Secretary concerning such system.

(Pub. L. 96–487, title XIII, §1327, Dec. 2, 1980, 94 Stat. 2489.)

Editorial Notes

References in Text

This Act, referred to in text, 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.

The Alaska Natural Gas Transportation Act of 1976 (Public Law 94–586; 90 Stat. 2903), referred to in text, is Pub. L. 94–586, Oct. 22, 1976, 90 Stat. 2903, which is classified generally to chapter 15C (§719 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 719 of Title 15 and Tables.
16 U.S.C. § 1612 (2024) — Title 16: CONSERVATION / Chapter 36: FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING / Subchapter I: PLANNING / Section 1612: Public participation
Public participation
Status: in_force

(a) Adequate notice and opportunity to comment

In exercising his authorities under this subchapter and other laws applicable to the Forest Service, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest Service programs.

(b) Advisory boards

In providing for public participation in the planning for and management of the National Forest System, the Secretary, pursuant to chapter 10 of title 5 and other applicable law, shall establish and consult such advisory boards as he deems necessary to secure full information and advice on the execution of his responsibilities. The membership of such boards shall be representative of a cross section of groups interested in the planning for and management of the National Forest System and the various types of use and enjoyment of the lands thereof.

(Pub. L. 93–378, §14, as added Pub. L. 94–588, §11, Oct. 22, 1976, 90 Stat. 2958; amended Pub. L. 117–286, §4(a)(114), Dec. 27, 2022, 136 Stat. 4318.)

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–286 substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (86 Stat. 770)".

Statutory Notes and Related Subsidiaries

Forest Service Decisionmaking and Appeals Reform

Pub. L. 102–381, title III, §322, Oct. 5, 1992, 106 Stat. 1419, which provided for the establishment of a notice and comment process for proposed actions of the Forest Service relating to certain land and resource management projects and required modification of the procedure for appeals of decisions concerning such projects, was repealed by Pub. L. 113–79, title VIII, §8006(a), Feb. 7, 2014, 128 Stat. 913.

Executive Documents

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1601 of this title.
16 U.S.C. § 3451 (2024) — Title 16: CONSERVATION / Chapter 54: RESOURCE CONSERVATION / Subchapter V: RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM / Section 3451: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Area plan

The term "area plan" means a resource conservation and use plan developed through a locally led planning process by a council for a designated area of 1 or more States, or of land under the jurisdiction of an Indian tribe, that includes 1 or more of the following elements:

(A) A land conservation element, the purpose of which is to control erosion and sedimentation.

(B) A water management element that provides 1 or more clear environmental or conservation benefits, the purpose of which is to provide for—

(i) the conservation, use, and quality of water, including irrigation and rural water supplies;

(ii) the mitigation of floods and high water tables;

(iii) the repair and improvement of reservoirs;

(iv) the improvement of agricultural water management; and

(v) the improvement of water quality.

(C) A community development element, the purpose of which is to improve—

(i) the development of resources-based industries;

(ii) the protection of rural industries from natural resource hazards;

(iii) the development of adequate rural water and waste disposal systems;

(iv) the improvement of recreation facilities;

(v) the improvement in the quality of rural housing;

(vi) the provision of adequate health and education facilities;

(vii) the satisfaction of essential transportation and communication needs; and

(viii) the promotion of food security, economic development, and education.

(D) A land management element, the purpose of which is—

(i) energy conservation, including the production of energy crops;

(ii) the protection of agricultural land, as appropriate, from conversion to other uses;

(iii) farmland protection; and

(iv) the protection of fish and wildlife habitats.

(2) Board

The term "Board" means the Resource Conservation and Development Policy Advisory Board established under section 3456(a) of this title.

(3) Council

The term "council" means a nonprofit entity (including an affiliate of the entity) operating in a State that is—

(A) established by volunteers or representatives of States, local units of government, Indian tribes, or local nonprofit organizations to carry out an area plan in a designated area; and

(B) designated by the chief executive officer or legislature of the State to receive technical assistance and financial assistance under this subchapter.

(4) Designated area

The term "designated area" means a geographic area designated by the Secretary to receive technical assistance and financial assistance under this subchapter.

(5) Financial assistance

The term "financial assistance" means a grant or loan provided by the Secretary (or the Secretary and other Federal agencies) to, or a cooperative agreement entered into by the Secretary (or the Secretary and other Federal agencies) with, a council, or association of councils, to carry out an area plan in a designated area, including assistance provided for planning, analysis, feasibility studies, training, education, and other activities necessary to carry out the area plan.

(6) Indian tribe

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

(7) Local unit of government

The term "local unit of government" means—

(A) any county, city, town, township, parish, village, or other general-purpose subdivision of a State; and

(B) any local or regional special district or other limited political subdivision of a State, including any soil conservation district, school district, park authority, and water or sanitary district.

(8) Locally led planning process

The term "planning process" means actions taken by a locally led council to develop and carry out an effective area plan in a designated area, including development of the area plan, goals, purposes, policies, implementation activities, evaluations and reviews, and the opportunity for public participation in the actions.

(9) Nonprofit organization

The term "nonprofit organization" means any organization that is—

(A) described in section 501(c) of title 26; and

(B) exempt from taxation under section 501(a) of title 26.

(10) Project

The term "project" means a project that is carried out by a council to achieve any of the elements of an area plan.

(11) Secretary

The term "Secretary" means the Secretary of Agriculture.

(12) State

The term "State" means—

(A) any State;

(B) the District of Columbia; or

(C) any territory or possession of the United States.

(13) Technical assistance

The term "technical assistance" means any service provided by the Secretary or agent of the Secretary, including—

(A) inventorying, evaluating, planning, designing, supervising, laying out, and inspecting projects;

(B) providing maps, reports, and other documents associated with the services provided;

(C) providing assistance for the implementation of area plans and projects; and

(D) providing services that involve the resources of Department of Agriculture programs in a local community, as defined in the locally led planning process.

(Pub. L. 97–98, title XV, §1528, as added Pub. L. 107–171, title II, §2504, May 13, 2002, 116 Stat. 269; Pub. L. 110–234, title II, §2805(a), (b), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, §4(a), title II, §2805(a), (b), June 18, 2008, 122 Stat. 1664, 1816.)

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 3451, Pub. L. 97–98, title XV, §1528, Dec. 22, 1981, 95 Stat. 1337, related to statement of purpose, prior to the general amendment of this subchapter by Pub. L. 107–171.

Amendments

2008—Par. (1). Pub. L. 110–246, §2805(a)(1), substituted "locally led planning process" for "planning process" in introductory provisions.

Pars. (8), (9). Pub. L. 110–246, §2805(a)(2), (3), redesignated pars. (9) and (8) as (8) and (9), respectively, and, in par. (8), substituted "Locally led planning process" for "Planning process" in heading and "locally led council" for "council" in text.

Par. (13)(C), (D). Pub. L. 110–246, §2805(b), added subpars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows:

"(C) providing assistance for the long-term implementation of area plans; and

"(D) providing services of an agency of the Department of Agriculture to assist councils in developing and carrying out area plans."

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.
16 U.S.C. § 192a (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXI: ROCKY MOUNTAIN NATIONAL PARK / Section 192a: Boundaries revised; excluded lands transferred
Boundaries revised; excluded lands transferred
Status: in_force

Portions of the north and east boundary of the Rocky Mountain National Park are revised as follows:

North boundary, beginning at the northwest corner of the northeast quarter of the northeast quarter of section 33, township 7 north, range 74 west, being a point on the present north boundary line of the Rocky Mountain National Park; thence southerly to the southwest corner of the northeast quarter of the northeast quarter of said section; thence westerly to the southeast corner of the northwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the northwest quarter of the northwest quarter of said section, being a point on the present north boundary line of the Rocky Mountain National Park and the end of the above-described change of said boundary; and

East boundary, beginning at the northeast corner of section 3, township 3 north, range 73 west of the sixth principal meridian, Colorado, being a point on the present east boundary line of Rocky Mountain National Park; thence westerly along the township line to the northwest corner of said section; thence northerly along section line to the southwest corner of the northwest quarter of section 34, township 4 north, range 73 west; thence easterly to the southeast corner of the southwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the northwest quarter of the northwest quarter of said section; thence westerly to the northwest corner of said section; thence northerly along section lines to the southwest corner of the northwest quarter of the southwest quarter of section 22, said township; thence easterly to the southeast corner of the northeast quarter of the southwest quarter of said section; thence northerly to the southwest corner of the northwest quarter of the northeast quarter of said section; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section; thence northerly along section lines to the northeast corner of the southeast quarter of the southeast quarter of section 15, said township; thence westerly to the northwest corner of the southwest quarter of the southeast quarter of said section; thence northerly passing through the northeast corner of the northwest quarter of said section, to the northeast corner of the southeast quarter of the southwest quarter of section 10, said township; thence westerly to the northwest corner of the southeast quarter of the southwest quarter of said section; thence northerly to the northeast corner of the northwest quarter of the southwest quarter of said section; thence westerly, passing through the northwest corner of the southwest quarter of said section, to the northwest corner of the northeast quarter of the southwest quarter of section 9, said township; thence southerly to the northeast corner of the southwest quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section; thence northerly along section lines to the northeast corner of the southeast quarter of the southeast quarter of section 5, said township; thence westerly to the northwest corner of the southeast quarter of the southeast quarter of said section; thence southerly to the southwest corner of the southeast quarter of the southeast quarter of said section; thence westerly along section line to the southeast corner of the southwest quarter of said section; thence northerly to the northeast corner of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of said section; thence northerly along section line to the northeast corner of section 6, said township; thence easterly along the first correction line north to the southeast corner of the southwest quarter of section 32, township 5 north, range 73 west; thence northerly to the northeast corner of the northwest quarter of said section; thence westerly along section line to the northwest corner of said section; thence northerly along section lines to the southwest corner of the northwest quarter of the southwest quarter of section 20, said township; thence easterly to the northwest corner of the southeast quarter of the southeast quarter of said section; thence southerly, passing through the southwest corner of the southeast quarter of the southeast quarter of said section, to the southwest corner of the northeast quarter of the northeast quarter of section 29, said township; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section; thence southerly to the southwest corner of the northwest quarter of section 28, said township; thence easterly to the southeast corner of the southwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the southwest quarter of the northwest quarter of said section; thence easterly, passing through the southeast corner of the northeast quarter of the northeast quarter of said section, to the southeast corner of the northeast quarter of the northeast quarter of section 27, said township; thence northerly along section line to the northeast corner of said section; thence westerly along section line to the southeast corner of the southwest quarter of the southwest quarter of section 22, said township; thence northerly to the northeast corner of the northwest quarter of the northwest quarter of said section; thence westerly along section lines to the southeast corner of the southwest quarter of section 16, said township; thence northerly to the northeast corner of the southeast quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section; thence northerly along section line to the center line of the north branch of Fall River; thence northwesterly along the center line of the north branch of Fall River to the west line of the east half of the east half of section 17, said township; thence southerly to the northeast corner of the southwest quarter of the southeast quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southeast quarter of said section; thence southerly to the southwest corner of the southeast quarter of said section; thence westerly along section line to the southeast corner of section 18, said township; thence northerly along section line to the northeast corner of said section; thence easterly along section line to the northwest corner of section 16, said township; thence southerly along section line to the southwest corner of the northwest quarter of the northwest quarter of said section; thence easterly to the northwest corner of the southwest quarter of the northeast quarter of said section; thence southerly to the southwest corner of the northeast quarter of said section; thence easterly, passing through the southeast corner of the northeast quarter of said section, to the northwest corner of the northeast quarter of the southwest quarter of section 15, said township; thence southerly to the southwest corner of the northeast quarter of the southwest quarter of said section; thence easterly to the southeast corner of the northeast quarter of the southwest quarter of said section; thence northerly to the southwest corner of the northeast quarter of said section; thence easterly on midsection lines to the southeast corner of the northwest quarter of section 18, township 5 north, range 72 west; thence northerly to the southwest corner of the northwest quarter of the northeast quarter of said section; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section; thence northerly along section lines to the northeast corner of section 7, said township; thence westerly along section line to the southeast corner of the southwest quarter of section 6, said township; thence northerly to the northeast corner of the southeast quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section; thence northerly to the northwest corner of said section, being a point on the present east boundary line of Rocky Mountain National Park and the end of the change of said boundary: Provided, however, That the following lands shall remain and be a part of the Rocky Mountain National Park: The northwest quarter of the northeast quarter and the east half of the northeast quarter of the northwest quarter of section 34, township 5 north, range 73 west; all of that portion of the following described lands located in township 4 north, range 73 west, lying west of the hydrographic divide that forms the eastern boundary of the watershed of Cow Creek and of Aspen Brook; the east half of the northeast quarter of section 35; the east half of the southeast quarter and the southeast quarter of the northeast quarter of section 26; section 24; section 25; the east half of section 23: Provided further, That those portions of the following-described lands that are hereby excluded from the Rocky Mountain National Park, are transferred to and made a part of the Colorado National Forest, subject to all laws and regulations applicable to National Forests; the northwest quarter of the northeast quarter and northeast quarter of the northwest quarter, section 33, township 7 north, range 74 west; section 6, township 5 north, range 72 west; the southeast quarter of the southeast quarter of section 34, township 5 north, range 73 west; sections 3, 10, and 15, township 4 north, range 73 west.

(June 9, 1926, ch. 515, §1, 44 Stat. 712.)
16 U.S.C. § 8573 (2024) — Title 16: CONSERVATION / Chapter 103: EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES / Subchapter III: SIMPLIFYING OUTDOOR ACCESS FOR RECREATION / Section 8573: Interagency report on special recreation permits for underserved communities
Interagency report on special recreation permits for underserved communities
Status: in_force

(a) Covered community defined

In this section, the term "covered community" means a rural or urban community, including an Indian Tribe, that is—

(1) low-income or underserved; and

(2) has been underrepresented in outdoor recreation opportunities on Federal recreational lands and waters.

(b) Report

Not later than 3 years after January 4, 2025, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(1) the estimated use of special recreation permits serving covered communities;

(2) examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities;

(3) other ways covered communities are engaging on Federal recreational lands and waters, including through stewardship and conservation projects or activities;

(4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and

(5) any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities.

(Pub. L. 118–234, title III, §353, Jan. 4, 2025, 138 Stat. 2917.)
16 U.S.C. § 96 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XI: MOUNT RAINIER NATIONAL PARK / Section 96: Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948
Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948
Status: repealed

Section 96, act June 30, 1916, ch. 197, §2, 39 Stat. 244, related to inclusion of park in judicial district. See section 128 of Title 28, Judiciary and Judicial Procedure.

Section 97, act June 30, 1916, ch. 197, §3, 39 Stat. 244, related to offenses and punishment. See section 13 of Title 18, Crimes and Criminal Procedure.
16 U.S.C. § 251g (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXVII: OLYMPIC NATIONAL PARK / Section 251g: Land acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights
Land acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights
Status: in_force

Notwithstanding any other provision of law, within the boundaries of the park as revised by and pursuant to sections 251e to 251m of this title, the Secretary is authorized to acquire lands, privately owned aquatic lands, and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer from any Federal agency. Property so acquired shall become part of Olympic National Park and shall be administered by the Secretary subject to the laws and regulations applicable to such park. The Secretary is authorized and directed to exclude from the boundaries of the park such private lands and publicly owned and maintained roads within Grays Harbor County which are near and adjacent to Lake Quinault, and which do not exceed two thousand, one hundred and sixty-eight acres in total. Prior to excluding such lands from the park, the Secretary shall study and investigate current and prospective uses of the private lands, as well as the implications of their exclusion both for the lands involved and for Olympic National Park. The results of such study shall be transmitted to the President and to the Congress within two years of October 21, 1976, and shall take effect unless disapproved by simple majority vote of the House of Representatives or the Senate of the United States of America within ninety legislative days of their submission to the Congress. Property excluded from the boundaries of the park by sections 251e to 251m of this title may be exchanged for non-Federal property within the boundaries; or it may be transferred to the jurisdiction of any Federal agency or to the State of Washington or a political subdivision thereof, without monetary consideration, as the Secretary may deem appropriate. Any such Federal property transferred to the jurisdiction of the Secretary of Agriculture for national forest purposes shall upon such transfer become part of the national forest and subject to the laws and regulations pertaining thereto. Any property excluded from the park by sections 251e to 251m of this title which is within the boundaries of an Indian reservation may be transferred in trust to such Indian tribe, subject, however, to the express condition that any concessioner providing, public services shall be permitted to continue to provide such services in such manner and for such period as set forth in his concession contract, that the Secretary of the Interior is authorized to pay all franchise fees collected from the concessioner under the contract to said Indian Tribe, and that in the event his contract is terminated, the United States shall purchase his possessory interest in accordance with the Act of October 9, 1965 (79 Stat. 969).1 The acquisition of lands by the United States in trust for an Indian tribe pursuant to sections 251e to 251m of this title shall not confer any hunting or fishing rights upon such tribe which were not vested in such tribe prior to the acquisition of such lands.

(Pub. L. 94–578, title III, §320(d), Oct. 21, 1976, 90 Stat. 2739.)

Editorial Notes

References in Text

Sections 251e to 251m of this title, the first three times appearing in text, was in the original "this Act" and, where last appearing, was in the original "this title", meaning Pub. L. 94–578 and title III of Pub. L. 94–578, respectively.

The Act of October 9, 1965 (79 Stat. 969), referred to in text, is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, known as the National Park System Concessions Policy Act, which enacted subchapter IV (§20 et seq.) of this chapter and amended section 462 of this title, prior to being repealed by Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515.

1 See References in Text note below.
16 U.S.C. § 582a (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter III: RESEARCH PROGRAMS / Section 582a: Congressional findings
Congressional findings
Status: in_force

It is recognized that research in forestry is the driving force behind progress in developing and utilizing the resources of the Nation's forest and related rangelands. The production, protection, and utilization of the forest resources depend on strong technological advances and continuing development of the knowledge necessary to increase the efficiency of forestry practices and to extend the benefits that flow from forest and related rangelands. It is recognized that the total forestry research efforts of the several State colleges and universities and of the Federal Government are more fully effective if there is close coordination between such programs, and it is further recognized that forestry schools are especially vital in the training of research workers in forestry. It is also recognized that the provisions of this subchapter are essential to assist in providing the research background that undergirds the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1600 et seq.], the Renewable Resources Extension Act of 1978,1 and the Soil and Water Resources Conservation Act of 1977 [16 U.S.C. 2001 et seq.].

(Pub. L. 87–788, §1, Oct. 10, 1962, 76 Stat. 806; Pub. L. 97–98, title XIV, §1441(a), Dec. 22, 1981, 95 Stat. 1320.)

Editorial Notes

References in Text

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in text, is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables.

The Renewable Resources Extension Act of 1978, referred to in text, is Pub. L. 95–306, June 30, 1978, 92 Stat. 349, which was classified generally to subchapter III (§1671 et seq.) of chapter 36 of this title, and subsequently was omitted from the Code pursuant to section 8 of Pub. L. 95–306, set out as an Effective and Termination Dates note under section 1671 of this title.

The Soil and Water Resources Conservation Act of 1977, referred to in text, is Pub. L. 95–192, Nov. 18, 1977, 91 Stat. 1407, which is classified generally to chapter 40 (§2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of this title and Tables.

Amendments

1981—Pub. L. 97–98 inserted provision relating to recognition that provisions of this subchapter are essential to assist in providing the research background that undergirds the Forest and Rangeland Renewable Resources Planning Act of 1974, the Renewable Resources Extension Act of 1978, and the Soil and Water Resources Conservation Act of 1977.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture.

Short Title

Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, as amended, which is classified generally to this subchapter, is popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act".

Reaffirmation of McIntire-Stennis Research Program

Pub. L. 101–624, title XII, §1231, Nov. 28, 1990, 104 Stat. 3543, provided that: "It is the sense of Congress to reaffirm the importance of Public Law 87–788 (16 U.S.C. 582a et seq.) commonly known as the McIntire-Stennis Cooperative Forestry Act."

1 See References in Text note below.
16 U.S.C. § 560a (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 560a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 93–404, title II, Aug. 31, 1974, 88 Stat. 817, which prohibited expenditure of funds appropriated to the Forest Service for the purchase of twine manufactured from commodities or materials produced outside of the United States except to provide materials required for research or experimental work where no suitable domestic product was available, was from the Department of the Interior and Related Agencies Appropriation Act, 1975, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

Oct. 4, 1973, Pub. L. 93–120, title II, 87 Stat. 442.

Aug. 10, 1972, Pub. L. 92–369, title II, 86 Stat. 521.

Aug. 10, 1971, Pub. L. 92–76, title II, 85 Stat. 241.

July 31, 1970, Pub. L. 91–361, title II, 84 Stat. 682.

Oct. 29, 1969, Pub. L. 91–98, title II, 83 Stat. 161.

July 26, 1968, Pub. L. 90–425, title II, 82 Stat. 440.

June 24, 1967, Pub. L. 90–28, title II, 81 Stat. 72.

May 31, 1966, Pub. L. 89–435, title II, 80 Stat. 184.

June 28, 1965, Pub. L. 89–52, title II, 79 Stat. 188.

July 7, 1964, Pub. L. 88–356, title II, 78 Stat. 287.

July 26, 1963, Pub. L. 88–79, title II, 77 Stat. 110.

Aug. 9, 1962, Pub. L. 87–578, title II, 76 Stat. 348.

Aug. 3, 1961, Pub. L. 87–122, title II, §201, 75 Stat. 259.

May 13, 1960, Pub. L. 86–455, title II, §202, 74 Stat. 116.

June 23, 1959, Pub. L. 86–60, title II, §202, 73 Stat. 105.

June 4, 1958, Pub. L. 85–439, title II, §202, 72 Stat. 168.

July 1, 1957, Pub. L. 85–77, title II, §202, 71 Stat. 270.

June 13, 1956, ch. 380, title II, §203, 70 Stat. 270.

June 16, 1955, ch. 147, title II, §204, 69 Stat. 156.
16 U.S.C. § 2005b (2024) — Title 16: CONSERVATION / Chapter 40: SOIL AND WATER RESOURCES CONSERVATION / Section 2005b: Repealed. Pub. L. 107-171, title II, §2502(b), May 13, 2002, 116 Stat. 267
Repealed. Pub. L. 107-171, title II, §2502(b), May 13, 2002, 116 Stat. 267
Status: repealed

Section, Pub. L. 104–127, title III, §386, Apr. 4, 1996, 110 Stat. 1017, related to conservation of private grazing land. See section 3839bb of this title.
16 U.S.C. § 8003 (2024) — Title 16: CONSERVATION / Chapter 99: MARITIME SECURITY AND FISHERIES ENFORCEMENT / Section 8003: Statement of policy
Statement of policy
Status: in_force

It is the policy of the United States__1

(1) to take action to curtail the global trade in seafood and seafood products derived from IUU fishing, including its links to forced labor and transnational organized illegal activity;

(2) to develop holistic diplomatic, military, law enforcement, economic, and capacity-building tools to counter IUU fishing;

(3) to provide technical assistance to countries in priority regions and priority flag states to combat IUU fishing, including assistance—

(A) to increase local, national, and regional level capacities to counter IUU fishing through the engagement of law enforcement and security forces;

(B) to enhance port capacity and security, including by supporting other countries in working toward the adoption and implementation of the Port State Measures Agreement;

(C) to combat corruption and increase transparency and traceability in fisheries management and trade;

(D) to enhance information sharing within and across governments and multilateral organizations through the development and use of agreed standards for information sharing; and

(E) to support effective, science-based fisheries management regimes that promote legal and safe fisheries and act as a deterrent to IUU fishing;

(4) to promote global maritime security through improved capacity and technological assistance to support improved maritime domain awareness;

(5) to engage with priority flag states to encourage the use of high quality vessel tracking technologies where existing enforcement tools are lacking;

(6) to engage with multilateral organizations working on fisheries issues, including Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, to combat and deter IUU fishing;

(7) to advance information sharing across governments and multilateral organizations in areas that cross multiple jurisdictions, through the development and use of an agreed standard for information sharing;

(8) to continue to use existing and future trade agreements to combat IUU fishing;

(9) to employ appropriate assets and resources of the United States Government in a coordinated manner to disrupt the illicit networks involved in IUU fishing;

(10) to continue to declassify and make available, as appropriate and practicable, technologies developed by the United States Government that can be used to help counter IUU fishing;

(11) to recognize the ties of IUU fishing to transnational organized illegal activity, including human trafficking and illegal trade in narcotics and arms, and as applicable, to focus on illicit activity in a coordinated, cross-cutting manner;

(12) to recognize and respond to poor working conditions, labor abuses, and other violent crimes in the fishing industry;

(13) to increase and improve global transparency and traceability along the seafood supply chain as—

(A) a deterrent to IUU fishing; and

(B) an approach for strengthening fisheries management and food security; and

(14) to promote technological investment and innovation to combat IUU fishing.

(Pub. L. 116–92, div. C, title XXXV, §3534, Dec. 20, 2019, 133 Stat. 2000.)

1 So in original. Probably should be "States—".
16 U.S.C. § 715g (2024) — Title 16: CONSERVATION / Chapter 7: PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS / Subchapter III: MIGRATORY BIRD CONSERVATION / Section 715g: Jurisdiction of State over areas acquired
Jurisdiction of State over areas acquired
Status: in_force

The jurisdiction of the State, both civil and criminal, over persons upon areas acquired under this subchapter shall not be affected or changed by reason of their acquisition and administration by the United States as migratory-bird reservations, except so far as the punishment of offenses against the United States is concerned.

(Feb. 18, 1929, ch. 257, §8, 45 Stat. 1224.)
16 U.S.C. § 251b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXVII: OLYMPIC NATIONAL PARK / Section 251b: Exchange of lands
Exchange of lands
Status: in_force

The Secretary of the Interior is authorized to exchange approximately six thousand six hundred eight and ninety-six one-hundredths acres of land adjacent to the Queets Corridor and Ocean Strip portions of Olympic National Park, which were originally acquired by the Federal Government for public works purposes, for lands and interest in lands not in Federal ownership within the exterior boundaries of the park: Provided, That the lands so exchanged shall be of approximately equal value.

(Pub. L. 85–455, §1, June 11, 1958, 72 Stat. 185.)
16 U.S.C. § 3334 (2024) — Title 16: CONSERVATION / Chapter 52: SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT / Subchapter IV: COMMERCIAL FISHING FLEET ADJUSTMENT / Section 3334: Review of State program by Secretary
Review of State program by Secretary
Status: in_force

(a) In general

The Secretary shall conduct a continuing review of the State program to determine whether the program remains consistent with this chapter or other applicable law. Such review shall include a biennial audit of the records of the State program.

(b) Action upon finding of noncompliance

If the Secretary finds that the program or the administration thereof is no longer in compliance with this subchapter, he shall reduce or discontinue distribution of funds under this subchapter, or take other appropriate action.

(c) Disposition of certain moneys

If the Secretary finds that any money provided to the State or obtained by the State from the resale of any fishing or charter vessel purchased under the program is not being used in accordance with the provisions of this subchapter, the Secretary shall recover from the fund, and place in the United States Treasury, such moneys.

(Pub. L. 96–561, title I, §133, Dec. 22, 1980, 94 Stat. 3285.)
16 U.S.C. § 3232 (2024) — Title 16: CONSERVATION / Chapter 51: ALASKA NATIONAL INTEREST LANDS CONSERVATION / Subchapter VII: NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS / Section 3232: Recommendations of President to Congress
Recommendations of President to Congress
Status: in_force

(a) Recommendation

At any time after December 2, 1980, the President may transmit a recommendation to the Congress that mineral exploration, development, or extraction not permitted under this Act or other applicable law shall be permitted in a specified area of the lands referred to in section 3231 of this title. Notice of such transmittal shall be published in the Federal Register. No recommendation of the President under this section may be transmitted to the Congress before ninety days after publication in the Federal Register of notice of his intention to submit such recommendation.

(b) Findings

A recommendation may be transmitted to the Congress under subsection (a) if the President finds that, based on the information available to him—

(1) there is an urgent national need for the mineral activity; and

(2) such national need outweighs the other public values of the public lands involved and the potential adverse environmental impacts which are likely to result from the activity.

(c) Report

Together with his recommendation, the President shall submit to the Congress—

(1) a report setting forth in detail the relevant factual background and the reasons for his findings and recommendation;

(2) a statement of the conditions and stipulations which would govern the activity if approved by the Congress; and

(3) in any case in which an environmental impact statement is required under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], a statement which complies with the requirements of section 102(2)(C) of such Act [42 U.S.C. 4332(2)(C)]. In the case of any recommendation for which an environmental impact statement is not required under section 102(2)(C) of the National environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], the President may, if he deems it desirable, include such a statement in his transmittal to the Congress.

(d) Approval

Any recommendation under this section shall take effect only upon enactment of a joint resolution approving such recommendation within the first period of one hundred and twenty calendar days of continuous session of Congress beginning on the date after the date of receipt by the Senate and House of Representatives of such recommendation. Any recommendation of the President submitted to Congress under subsection (a) shall be considered received by both Houses for purposes of this section on the first day on which both are in session occurring after such recommendation is submitted.

(e) One-hundred-and-twenty-day computation

For purposes of this section—

(1) continuity of session of Congress is broken only by an adjournment sine die; and

(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one-hundred-and-twenty-day calendar period.

(Pub. L. 96–487, title XV, §1502, Dec. 2, 1980, 94 Stat. 2549.)

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.

The National Environmental Policy Act of 1969, referred to in subsec. (c)(3), 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.
16 U.S.C. § 564 (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 564: Repealed. Pub. L. 95-313, §16(a)(1), formerly §13(a)(1), July 1, 1978, 92 Stat. 374; renumbered §16(a)(1), Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525
Repealed. Pub. L. 95-313, §16(a)(1), formerly §13(a)(1), July 1, 1978, 92 Stat. 374; renumbered §16(a)(1), Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525
Status: repealed

Section 564, act June 7, 1924, ch. 348, §1, 43 Stat. 653, required cooperation between the Secretary of Agriculture and State officials as to recommendations for forest fire prevention and suppression systems.

Section 565, acts June 7, 1924, ch. 348, §2, 43 Stat. 653; Mar. 3, 1925, ch. 447, 43 Stat. 1127; Apr. 13, 1926, ch. 119, 44 Stat. 242; Sept. 21, 1944, ch. 412, title II, §207, 58 Stat. 736; July 25, 1947, ch. 327, §1, 61 Stat. 449, required cooperation between the Secretary of Agriculture and State officials in fire protection of timbered and forest-producing lands.

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.
16 U.S.C. § 2004 (2024) — Title 16: CONSERVATION / Chapter 40: SOIL AND WATER RESOURCES CONSERVATION / Section 2004: Continuing appraisal of soil, water, and related resources
Continuing appraisal of soil, water, and related resources
Status: in_force

(a) Data

In recognition of the importance of and need for obtaining and maintaining information on the current status of soil, water, and related resources, the Secretary is authorized and directed to carry out a continuing appraisal of the soil, water, and related resources of the Nation. The appraisal shall include, but not be limited to—

(1) data on the quality and quantity of soil, water, and related resources, including fish and wildlife habitats;

(2) data on the capability and limitations of those resources for meeting current and projected demands on the resource base;

(3) data on the changes that have occurred in the status and condition of those resources resulting from various past uses, including the impact of farming technologies, techniques, and practices;

(4) data on current Federal, State, and tribal laws, policies, programs, rights, regulations, ownerships, and their trends and other considerations relating to the use, development, and conservation of soil, water, and related resources;

(5) data on the costs and benefits of alternative soil and water conservation practices;

(6) data on alternative irrigation techniques regarding their costs, benefits, and impact on soil and water conservation, crop production, and environmental factors; and

(7) data on conservation plans, conservation practices planned or implemented, environmental outcomes, economic costs, and related matters under conservation programs administered by the Secretary.

(b) Collection of data

The appraisal shall utilize data collected under this chapter and pertinent data and information collected by the Department of Agriculture and other Federal, State, tribal, and local agencies and organizations. The Secretary shall establish an integrated system capable of using combinations of resource data to determine the quality and capabilities for alternative uses of the resource base and to identify areas of local, State, tribal, and National concerns and related roles pertaining to soil and water conservation, resource use and development, and environmental improvement.

(c) Public participation

The appraisal shall be made in cooperation with conservation districts, State and tribal soil and water conservation agencies, and other appropriate citizen groups, and local, tribal, and State agencies under such procedures as the Secretary may prescribe to insure public participation.

(d) Evaluation of appraisal

In conducting the appraisal described in subsection (a), the Secretary shall concurrently solicit and evaluate recommendations for improving the appraisal, including the content, scope, process, participation in, and other elements of the appraisal, as determined by the Secretary.

(e) Completion dates

The Secretary shall conduct comprehensive appraisals under this section, to be completed by December 31, 2010, December 31, 2015, and December 31, 2022. The Secretary may make such additional interim appraisals as the Secretary considers appropriate.

(Pub. L. 95–192, §5, Nov. 18, 1977, 91 Stat. 1408; Pub. L. 99–198, title XII, §1252(a), Dec. 23, 1985, 99 Stat. 1516; Pub. L. 110–234, title II, §2804(b), May 22, 2008, 122 Stat. 1086; Pub. L. 110–246, §4(a), title II, §2804(b), June 18, 2008, 122 Stat. 1664, 1814; Pub. L. 113–79, title II, §2508(b), Feb. 7, 2014, 128 Stat. 756; Pub. L. 115–334, title II, §2402(1), Dec. 20, 2018, 132 Stat. 4570.)

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.

Amendments

2018—Subsec. (e). Pub. L. 115–334 substituted "December 31, 2015, and December 31, 2022" for "and December 31, 2015".

2014—Subsec. (a)(4). Pub. L. 113–79, §2508(b)(1), substituted ", State, and tribal" for "and State".

Subsec. (b). Pub. L. 113–79, §2508(b)(2), inserted ", tribal" after "State" in two places.

Subsec. (c). Pub. L. 113–79, §2508(b)(3), substituted "State and tribal soil" for "State soil" and "local, tribal," for "local".

2008—Subsec. (a)(7). Pub. L. 110–246, §2804(b)(1), added par. (7).

Subsecs. (d), (e). Pub. L. 110–246, §2804(b)(2)–(4), added subsec. (d), redesignated former subsec. (d) as (e), and substituted "The Secretary shall conduct comprehensive appraisals under this section, to be completed by December 31, 2010, and December 31, 2015." for "The Secretary shall conduct four comprehensive appraisals under this section, to be completed by December 31, 1979, December 31, 1986, December 31, 1995, and December 31, 2005, respectively."

1985—Subsec. (d). Pub. L. 99–198 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The appraisal shall be completed by December 31, 1979, and at each five-year interval thereafter during the period this chapter is in effect."

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.

Executive Documents

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 2002 of this title.
16 U.S.C. § 494 (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 494: Calaveras Bigtree National Forest
Calaveras Bigtree National Forest
Status: in_force

The Secretary of Agriculture, to secure and protect for all time the big trees scientifically known as Sequoia washingtoniana, is empowered, in his discretion, to obtain for the United States the complete title to any or all of the following-described lands in the State of California: In township 4 north, range 15 east, Mount Diablo meridian, the northeast quarter of section 1; in township 4 north, range 16 east, Mount Diablo meridian, the north half of section 6; in township 5 north, range 15 east, Mount Diablo meridian, the southwest quarter of section 14, south half of section 15, north half of section 22, northwest quarter of section 23, and southeast quarter of section 36, and in township 5 north, range 16 east, Mount Diablo meridian, the west half of section 28, the east half and southwest quarter of section 29, the southeast quarter of section 30, all of sections 31, 32, and the northwest quarter of section 33. And such area or areas, as fast as complete title is acquired, shall be permanently held by the United States and shall be known as the Calaveras Bigtree National Forest and shall be administered, and protected, by the Secretary of Agriculture from the funds appropriated for the administration of National Forest land to prolong the existence, growth, and promote the reproduction of said big trees. The owners of land acquired hereunder shall convey to the United States full title to any of the above-described areas approved for said national forest by the Secretary of Agriculture, the completeness of such title to be determined by the Secretary of the Interior in each case, and shall be reimbursed therefor only in one or both of the following ways: (1) They may be given the right to file with the Secretary of the Interior, within sixty days after such conveyance, selections of surveyed, unappropriated, nonmineral public lands or of nonmineral national forest lands, and if the lands so selected shall be found subject to selection and of the actual value in lands and stumpage substantially equal to that of the lands and stumpage conveyed they may be patented to said owners in lieu of the conveyed lands. In any case where any part of the lands selected is national forest land, the approval of the Secretary of Agriculture shall first be secured with respect to such part, or (2) the Secretary of Agriculture may grant to any such conveying owner the right to cut from national forest land an amount of timber and wood substantially equal to the amount of timber and wood on the land acquired by the United States under the provisions of this section.

(Feb. 18, 1909, ch. 143, 35 Stat. 626; May 7, 1912, ch. 105, §1, 37 Stat. 108.)

Editorial Notes

Codification

A proviso of the section as originally enacted "That nothing contained in this Act shall warrant an appropriation from the Treasury to carry out the terms of this Act," was superseded by the appropriation of a sum for the purposes of the Act by section 2 of act May 7, 1912.

Amendments

1912—Act May 7, 1912, changed provisions of original act as to modes of reimbursement of owners of lands taken.

Statutory Notes and Related Subsidiaries

Transfer of Lands in Calaveras Big Trees National Forest to State of California

Pub. L. 101–436, Oct. 17, 1990, 104 Stat. 993, provided that:

"SECTION 1. FINDINGS AND PURPOSE.

"(a) Findings.—The Congress finds and declares that—

"(1) in order to protect certain outstanding examples of ponderosa pine, sugar pine, and giant sequoia trees located in the North and South Calaveras Groves, on the western slope of the Sierra Nevada Mountains, the State of California has established the Calaveras Big Trees State Park;

"(2) for similar purposes, the United States has designated certain adjacent Federal lands, amounting to approximately 379 acres, as the Calaveras Big Trees National Forest; and

"(3) this National Forest (managed as part of the Stanislaus National Forest) is the smallest National Forest in the United States and could be more appropriately and efficiently managed as part of the Calaveras Big Trees State Park.

"(b) Purpose.—The purpose of this Act is to improve the management of the lands located in the Calaveras Big Trees National Forest, and to protect certain examples of ponderosa pine, sugar pine, and giant sequoia trees, by unifying the management of the lands in such National Forest and in the California Calaveras Big Trees State Park.

"SEC. 2. LAND CONVEYANCE.

"(a) Conveyance.—Subject to valid existing rights and the provisions of this Act, the Secretary of Agriculture (hereinafter in this Act referred to as the 'Secretary') is authorized and directed to convey all right, title, and interest of the United States in and to lands and interests therein within the Calaveras Big Trees National Forest, as generally depicted on a map numbered 20435 and dated June 5, 1989, prepared by the California Department of Parks and Recreation, to the State of California for inclusion within the Calaveras Big Trees State Park.

"(b) Map and Description.—As soon as practicable after the enactment of this Act [Oct. 17, 1990], the Secretary shall submit a map and legal description of the lands referred to in subsection (a) to the Committee on Interior and Insular Affairs [now Committee on Natural Resources] of the United States House of Representatives, and the Committee on Energy and Natural Resources of the Senate. Such map and legal description shall have the same force and effect as if included in this Act, except that any clerical or typographical errors in such map or legal description may be corrected. The Secretary shall place such map and legal description on file, and make them available for public inspection, in the Office of the Chief of the Forest Service.

"(c) Conditions of Conveyance.—Conveyance of the lands and interests described in subsection (a) of this section shall be subject to the following conditions:

"(1) The conveyance shall take place only if within two years after the date of enactment of this Act [Oct. 17, 1990], there is concluded an agreement between the State of California and the Secretary whereby the State of California agrees to provide to the United States, in exchange for the lands described in subsection (a) and pursuant to terms and conditions which the Secretary finds acceptable, consideration of approximately equal value. Such consideration shall include either lands in California that the Secretary finds suitable for addition to, and are contiguous to, one or more units of the National Forest System, cash payment, or monetary grants awarded to the United States after June 1, 1990, or any combination thereof.

"(2) No harvest of timber (except as may be necessary for the control of fire, insects, or disease) and no mining, mineral leasing, or geothermal exploration or development shall be permitted on such lands;

"(3) Any action by the State of California to convey any portion of such lands or interests to any entity other than the United States shall be void ab initio and shall result in the reversion to the United States of all right, title, and interest in such lands;

"(4) Any action by the State of California to permit the use of any portion of such lands for any purpose prohibited by this subsection or any purpose incompatible with the continued ability of such lands to support ponderosa pine, sugar pine, or giant sequoia trees, shall result in the reversion of all right, title, and interest in such lands to the United States. Any such lands which revert to the United States shall be incorporated into the Stanislaus National Forest and managed to preserve and protect the stands of ponderosa pine, sugar pine, and giant sequoia trees located on such lands.

"(5) The Secretary, acting through the Forest Service, shall be afforded by appropriate officials of the State of California reasonable opportunities to collect seeds from trees located on such lands for scientific or silvicultural purposes.

"(6) The Secretary, upon prior notification to the State of California, shall be entitled at any time to enter upon such lands for the purpose of monitoring the management of such lands and the compliance of the State of California with the provisions of this subsection.

"(7) The conveyance shall be subject to the following reservations or exceptions:

"(A) existing ditches and canals as authorized by the Act of August 30, 1890 (43 U.S.C. 945); and

"(B) any existing rights-of-way to provide the United States and its assigns access to federally owned lands.

"(d) Enforcement.—Upon the request of the Secretary, the Attorney General shall bring any action or take any other steps necessary to enforce the provisions of subsection (c) of this section.

"(e) Timing, Value, and Status.—(1) Conveyance of lands to the State of California pursuant to this Act shall occur when the agreement described in paragraph (1) of subsection (c) has been reached. The restrictions and conditions specified in paragraphs (2), (3), (4), (5), (6), and (7) of subsection (c) shall be included in the instruments of conveyance of lands to the State of California.

"(2) Effective upon the conveyance to the State of California of lands described in subsection (a) of this section, or two years after the date of enactment of this Act [Oct. 17, 1990], whichever is sooner, the National Forest designation of such lands shall terminate. Any such lands not conveyed to the State of California shall thereupon be incorporated into the Stanislaus National Forest and managed to preserve and protect the stands of ponderosa pine, sugar pine, and giant sequoia trees located on such lands.

"(3) Any lands conveyed to the United States pursuant to this Act shall be deemed national forest lands and managed according to the laws governing the management of the National Forest System. If any such lands are outside existing boundaries of one or more National Forests, the Secretary shall modify such boundaries as he deems appropriate to include such lands.

"(4) Values of the respective lands exchanged between the United States and the State of California pursuant to this Act shall be of 'approximately equal value' as that term is defined by regulations implementing the Act of January 12, 1983, known as the Small Tracts Act (16 U.S.C. 521c–521i)."
16 U.S.C. § 460xxx (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter CXXXV: BEAVER DAM WASH NATIONAL CONSERVATION AREA / Section 460xxx: Beaver Dam Wash National Conservation Area
Beaver Dam Wash National Conservation Area
Status: in_force

(a) Purpose

The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National Conservation Area.

(b) Definitions

In this section:

(1) Management plan

The term "management plan" means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).

(2) National Conservation Area

The term "National Conservation Area" means the Beaver Dam Wash National Conservation Area that—

(A) consists of approximately 68,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National Conservation Area Map; and

(B) is established by subsection (c).

(c) Establishment

Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conservation Area.

(d) Management plan

(1) In general

Not later than 3 years after March 30, 2009, and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.

(2) Consultation

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

(A) appropriate State, tribal, and local governmental entities; and

(B) members of the public.

(3) Motorized vehicles

In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).

(e) Management

(1) In general

The Secretary shall manage the National Conservation Area—

(A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and

(B) in accordance with—

(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(ii) this section; and

(iii) any other applicable law (including regulations).

(2) Uses

The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a).

(3) Motorized vehicles

(A) In general

Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.

(B) Additional requirement relating to certain areas located in the National Conservation Area

In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver Dam Wash National Conservation Area Map as "Designated Road Areas", motorized vehicles shall be permitted only on the roads identified on such map.

(4) Grazing

The grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to continue—

(A) subject to—

(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(ii) applicable law (including regulations); and

(B) in a manner consistent with the purpose described in subsection (a).

(5) Wildland fire operations

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.

(f) Incorporation of acquired land and interests

Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—

(1) become part of the National Conservation Area; and

(2) be managed in accordance with—

(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B) this section; and

(C) any other applicable law (including regulations).

(g) Withdrawal

(1) In general

Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—

(A) all forms of entry, appropriation, and disposal under the public land laws;

(B) location, entry, and patenting under the mining laws; and

(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(2) Additional land

If the Secretary acquires additional land that is located in the National Conservation Area after March 30, 2009, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

(Pub. L. 111–11, title I, §1975, Mar. 30, 2009, 123 Stat. 1083.)

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(A), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

Statutory Notes and Related Subsidiaries

Definitions

For definitions of terms used in this section, see section 1971 of Pub. L. 111–11, set out as a note under section 460www of this title.
16 U.S.C. § 3703 (2024) — Title 16: CONSERVATION / Chapter 57: NATIONAL FISH AND WILDLIFE FOUNDATION / Section 3703: Rights and obligations of Foundation
Rights and obligations of Foundation
Status: in_force

(a) In general

The Foundation—

(1) shall have perpetual succession;

(2) may conduct business throughout the several States, territories, and possessions of the United States and abroad;

(3) shall have its principal offices in the District of Columbia or in a county in the State of Maryland or Virginia that borders on the District of Columbia; and

(4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.

(b) Seal

The Foundation shall have an official seal selected by the Board which shall be judicially noticed.

(c) Powers

(1) In general

To carry out the purposes described in section 3701 of this title, the Foundation shall have, in addition to the powers otherwise given it under this chapter, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power—

(A) to accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein;

(B) to acquire by purchase or exchange any real or personal property or interest therein, subject to subsection (e);

(C) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States;

(D) to deposit any funds provided to the Foundation by the Federal Government into accounts at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation;

(E) to make use of any interest or investment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Foundation;

(F) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration or enhancement of fish, wildlife, plants, and other natural resources on private land;

(G) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom;

(H) to borrow money and issue bonds, debentures, or other debt instruments;

(I) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Foundation shall not be personally liable, except for gross negligence;

(J) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its function; and 1

(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and

(L) to do acts necessary to carry out the purposes of the Foundation.

(2) Treatment of real property

(A) In general

For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources.

(B) Encumbered real property

A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation.

(3) Savings clause

The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.

(d) Certain lands, waters, and interests not subject to condemnation

No lands or waters, or interests therein, that are owned by the Foundation and are determined by the Director of the United States Fish and Wildlife Service or the Migratory Bird Conservation Commission, as the case may be, to be valuable for purposes of fish and wildlife conservation or management shall be subject to condemnation by any State or political subdivision, or any agent or instrumentality thereof.

(e) Acquisition, management, and disposal of real property

(1) The Foundation may only use Federal funds for the acquisition of interests in real property if—

(A) the interest is a long-term property interest, and

(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 60 calendar days after the date of the notification.

(2) The Foundation shall convey to the United States Fish and Wildlife Service for inclusion within the National Wildlife Refuge System any real property acquired by the Foundation in whole or in part with Federal funds if the Director, within one year after the date on which the property was acquired by the Foundation, requests the conveyance in writing.

(3)(A) Subject to subparagraph (B), the Foundation may—

(i) convey to another person any real property acquired in whole or in part with Federal funds and not conveyed under paragraph (2); and

(ii) grant or otherwise provide Federal funds to another person for purposes of assisting that person to acquire real property in whole or in part with such funds.

(B) The Foundation may only make a conveyance or provide Federal funds under subparagraph (A) if—

(i) the conveyance or provision is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation and management of fish and wildlife and in a manner that will provide for appropriate public access and use; and

(ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 60 calendar days after the date of the notification.

(4) All real property acquired by the Foundation in whole or in part with Federal funds and held by it shall be administered for the conservation and management of fish and wildlife and in a manner that will provide for appropriate public access and use.

(5) Reconveyance of real property.—The Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 60 calendar days after the date of the notification, that—

(A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, plants, and other natural resources; and

(B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.

(f) Expenditures for printing services or capital equipment

The Foundation shall not make any expenditure of Federal funds in connection with any one transaction for printing services or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the Federal program under which the funds were provided.

(g) Notice to Members of Congress

The Foundation shall not make a grant of Federal funds in an amount greater than $10,000 unless, by not later than 30 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district in which the project to be funded with the grant will be carried out.

(Pub. L. 98–244, §4, Mar. 26, 1984, 98 Stat. 108; Pub. L. 100–240, §§1(b), 2(a), (b)(1), Jan. 11, 1988, 101 Stat. 1785, 1786; Pub. L. 105–277, div. A, §101(b) [title IX, §903], Oct. 21, 1998, 112 Stat. 2681–50, 2681–120; Pub. L. 106–408, title II, §§203(c)(1), 204(a)–(c), (e)–(g), 206, Nov. 1, 2000, 114 Stat. 1779, 1780; Pub. L. 109–363, title II, §203, Oct. 17, 2006, 120 Stat. 2075; Pub. L. 116–188, title I, §107(b), Oct. 30, 2020, 134 Stat. 918.)

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(2)(A), is Pub. L. 116–188, Oct. 30, 2020, 134 Stat. 905, known as the America's Conservation Enhancement Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables.

Amendments

2020—Subsec. (c). Pub. L. 116–188, §107(b)(1)(A), (B), (G), designated introductory provisions as par. (1), inserted heading, substituted "To carry out the purposes described in" for "To carry out its purposes under", redesignated former pars. (1) to (11) as subpars. (A) to (K), respectively, of par. (1), realigned margins, and struck out concluding provisions which read as follows: "For purposes of this chapter, an interest in real property shall be treated as including, among other things, easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation."

Subsec. (c)(1)(D). Pub. L. 116–188, §107(b)(1)(C), substituted "at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation" for "that are insured by an agency or instrumentality of the United States".

Subsec. (c)(1)(E). Pub. L. 116–188, §107(b)(1)(D), substituted "subparagraph (C) or (D)" for "paragraph (3) or (4)".

Subsec. (c)(1)(K), (L). Pub. L. 116–188, §107(b)(1)(E), (F), added subpars. (K) and (L) and struck out former subpar. (K) which read as follows: "to do any and all acts necessary and proper to carry out the purposes of the Foundation."

Subsec. (c)(2), (3). Pub. L. 116–188, §107(b)(1)(G), added pars. (2) and (3).

Subsecs. (f) to (i). Pub. L. 116–188, §107(b)(2), (3), redesignated subsecs. (h) and (i) as (f) and (g), respectively, and struck out former subsecs. (f) and (g) which related to establishment of national whale conservation endowment fund and consultation, respectively.

2006—Subsec. (i). Pub. L. 109–363 substituted "grant of Federal funds in an amount greater than $10,000" for "grant of funds".

2000—Subsec. (a)(3). Pub. L. 106–408, §204(a), inserted "or in a county in the State of Maryland or Virginia that borders on the District of Columbia" after "the District of Columbia".

Subsec. (c)(3), (4). Pub. L. 106–408, §204(b)(2), added pars. (3) and (4). Former pars. (3) and (4) redesignated (7) and (8), respectively.

Subsec. (c)(5). Pub. L. 106–408, §204(b)(2), added par. (5). Former par. (5) redesignated (9).

Pub. L. 106–408, §203(c)(1), substituted "Directors of the Foundation" for "Directors of the Board".

Subsec. (c)(6) to (11). Pub. L. 106–408, §204(b), added par. (6) and redesignated former pars. (3) to (7) as (7) to (11), respectively.

Subsec. (e)(1)(B). Pub. L. 106–408, §204(c), added subpar. (B) and struck out former subpar. (B) which read as follows: "the Director of the United States Fish and Wildlife Service (hereafter in this subsection referred to as the 'Director') consents to the acquisition in writing."

Subsec. (e)(3)(B)(ii). Pub. L. 106–408, §204(e), added cl. (ii) and struck out former cl. (ii) which read as follows: "the Director finds that conveyance or provision of Federal funds meets the requirements of clause (i) and consents to it in writing."

Subsec. (e)(5). Pub. L. 106–408, §204(f), added par. (5) and struck out former par. (5) which read as follows: "The Foundation shall convey at not less than fair-market value any real property acquired by it in whole or in part with Federal funds if the Foundation and the Director determine, in writing, that—

"(A) the land is no longer valuable for the purposes of fish and wildlife conservation or management, and

"(B) the purposes of the Foundation would be better served by the use of the Federal funds for other authorized activities of the Foundation."

Subsec. (h). Pub. L. 106–408, §204(g), added subsec. (h).

Subsec. (i). Pub. L. 106–408, §206, added subsec. (i).

1998—Subsecs. (f), (g). Pub. L. 105–277 added subsecs. (f) and (g).

1988—Subsec. (a)(2). Pub. L. 100–240, §1(b), inserted "and abroad" after "United States".

Subsec. (c)(2). Pub. L. 100–240, §2(b), inserted ", subject to subsection (e)" after "therein".

Subsec. (e). Pub. L. 100–240, §2(a), added subsec. (e).

Statutory Notes and Related Subsidiaries

Congressional Findings—National Whale Conservation

Pub. L. 105–277, div. A, §101(b) [title IX, §902], Oct. 21, 1998, 112 Stat. 2681–50, 2681–119, provided that: "Congress finds that—

"(1) the populations of whales that occur in waters of the United States are resources of substantial ecological, scientific, socioeconomic, and esthetic value;

"(2) whale populations—

"(A) form a significant component of marine ecosystems;

"(B) are the subject of intense research;

"(C) provide for a multimillion dollar whale watching tourist industry that provides the public an opportunity to enjoy and learn about great whales and the ecosystems of which the whales are a part; and

"(D) are of importance to Native Americans for cultural and subsistence purposes;

"(3) whale populations are in various stages of recovery, and some whale populations, such as the northern right whale (Eubaleana glacialis) remain perilously close to extinction;

"(4) the interactions that occur between ship traffic, commercial fishing, whale watching vessels, and other recreational vessels and whale populations may affect whale populations adversely;

"(5) the exploration and development of oil, gas, and hard mineral resources, marine debris, chemical pollutants, noise, and other anthropogenic sources of change in the habitat of whales may affect whale populations adversely;

"(6) the conservation of whale populations is subject to difficult challenges related to—

"(A) the migration of whale populations across international boundaries;

"(B) the size of individual whales, as that size precludes certain conservation research procedures that may be used for other animal species, such as captive research and breeding;

"(C) the low reproductive rates of whales that require long-term conservation programs to ensure recovery of whale populations; and

"(D) the occurrence of whale populations in offshore waters where undertaking research, monitoring, and conservation measures is difficult and costly;

"(7)(A) the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, has research and regulatory responsibility for the conservation of whales under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and

"(B) the heads of other Federal agencies and the Marine Mammal Commission established under section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) have related research and management activities under the Marine Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

"(8) the funding available for the activities described in paragraph (8) [(7)] is insufficient to support all necessary whale conservation and recovery activities; and

"(9) there is a need to facilitate the use of funds from non-Federal sources to carry out the conservation of whales."

Draw Down of Federal Funds; Exemption From Audit Requirements

Pub. L. 102–440, title III, §304, Oct. 23, 1992, 106 Stat. 2235, which provided that the National Fish and Wildlife Foundation could continue to draw down Federal funds when matching requirements had been met, that interest earned on funds already drawn down was to be used to fund all activities as approved by the Board of Directors, and that Foundation subgrantees would be exempt from the audit reporting and compliance requirements of OMB Circular A–133, for all grants of $100,000 or less, was repealed by Pub. L. 106–408, title II, §204(d), Nov. 1, 2000, 114 Stat. 1779.

1 So in original. The word "and" probably should not appear.
16 U.S.C. § 402d (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XLV: BRYCE CANYON NATIONAL PARK / Section 402d: Extension of boundaries; laws applicable
Extension of boundaries; laws applicable
Status: in_force

For the purpose of preserving in their natural state the outstanding scenic features to the south and west of Bryce Canyon National Park, the President of the United States is authorized, upon the joint recommendation of the Secretaries of Interior and of Agriculture, to add to the Bryce Canyon National Park, in the State of Utah, by Executive proclamation, any or all of unsurveyed townships 37 and 38 south, range 4 west, Salt Lake meridian, not included in said park, on June 13, 1930, and all the lands added to said park pursuant hereto shall be, and are, made subject to all laws, rules, and regulations applicable to and in force in the Bryce Canyon National Park.

(June 13, 1930, ch. 480, §1, 46 Stat. 582.)
16 U.S.C. § 682 (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 682: Game refuge in Ozark National Forest
Game refuge in Ozark National Forest
Status: in_force

The President of the United States is authorized to designate such national forest lands within the Ozark National Forest, within the State of Arkansas, as should, in his discretion, be set aside for the protection of game animals, birds, or fish; and, except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe, it shall be unlawful for any person to hunt, catch, trap, willfully disturb, or kill any kind of game animal, game or nongame bird, or fish, or take the eggs of any such bird on any lands so set aside, or in or on the waters thereof.

(Feb. 28, 1925, ch. 376, 43 Stat. 1091; Aug. 11, 1945, ch. 365, 59 Stat. 531; June 25, 1948, ch. 645, §12, 62 Stat. 861.)

Editorial Notes

Amendments

1948—Act June 25, 1948, struck out penal provisions (see section 41 of Title 18, Crimes and Criminal Procedure), and inserted provision relating to the unlawfulness in hunting, catching, etc., game animals, etc., under rules and regulations of the Secretary of Agriculture.

1945—Act Aug. 11, 1945, struck out last sentence which read "No lands within the present limits of the fourth congressional district shall be included in such designations."

Statutory Notes and Related Subsidiaries

Effective Date of 1948 Amendment

Section 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.

Executive Documents

Presidential Designation

Lands comprising the Ozark National Game Refuge were designated by Proclamations of June 13, 1928 (45 Stat. 2953), and Oct. 25, 1935 (49 Stat. 3478).
16 U.S.C. § 4503c (2024) — Title 16: CONSERVATION / Chapter 65: INTERNATIONAL FORESTRY COOPERATION / Section 4503c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–513, title VI, §607, as added Pub. L. 102–574, §2(a)(2), Oct. 29, 1992, 106 Stat. 4595, which required the Secretary of Agriculture to make annual reports to Congress, submitting the reports pursuant to section 1606(c) of this title, on the progress, needs, and long-range plans of the Institutes of Tropical Forestry in meeting the requirements of section 6706 of Title 7, Agriculture, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 45 of House Document No. 103–7.

A prior section 607 of Pub. L. 101–513, which amended sections 1641, 1643, 2101, and 2109 of this title, was renumbered section 611.
16 U.S.C. § 2904 (2024) — Title 16: CONSERVATION / Chapter 49: FISH AND WILDLIFE CONSERVATION / Section 2904: Approval of conservation plans and certain nongame fish and wildlife conservation actions
Approval of conservation plans and certain nongame fish and wildlife conservation actions
Status: in_force

(a) Approval by Secretary of plans

(1) Any State may apply to the Secretary for approval of a conservation plan.

(2) Applications for the approval of conservation plans shall be made and reviewed by the Secretary in such manner as the Secretary shall by regulation prescribe.

(3) As soon as practicable, but not later than 180 days, after the date on which a State submits (or resubmits in the case of prior disapproval) an application for the approval of a conservation plan the Secretary shall—

(A) approve the conservation plan, and designate it as an approved conservation plan, if he determines that the plan—

(i) meets the requirements set forth in section 2903 of this title, and

(ii) is substantial in character and design; or

(B) disapprove the conservation plan if he determines that—

(i) the plan does not meet the requirements set forth in section 2903 of this title, or

(ii) to implement any part of the plan on the basis of the specifications, determinations, identifications, or priorities therein would threaten the natural stability and continued viability of any of the plan species concerned.

If the Secretary disapproves a plan, he shall give the State concerned a written statement of the reasons for disapproval and provide the State opportunity for consultation with respect to deficiencies in the plan and the modifications required for approval.

(b) Effect of approval of plans

If the Secretary approves the conservation plan of any State under subsection (a)—

(1) that portion of such plan that pertains to wildlife conservation shall be deemed to be an approved plan for purposes of section 6(a)(1) of the Act of September 2, 1937 (16 U.S.C. 669e(a)(1)), commonly referred to as the Pittman-Robertson Wildlife Restoration Act [16 U.S.C. 669 et seq.]; and

(2) that portion of such plan that pertains to fish conservation shall be deemed to be an approved plan for the purposes of section 6(a)(1) of the Act of August 9, 1950 [16 U.S.C. 777e(a)(1)] commonly referred to as the Dingell-Johnson Sport Fish Restoration Act [16 U.S.C. 777 et seq.].

(c) Conservation actions

If the Secretary approves the conservation plan of any State under subsection (a), those conservation actions set forth in the plan which pertain to nongame fish and wildlife shall be deemed to be eligible as nongame fish and wildlife projects for which reimbursement is available under section 2905 of this title.

(d) Nongame conservation actions in the absence of an approved plan

In the absence of an approved conservation plan, and on a showing of need by the State, the Secretary may deem certain conservation actions to be nongame fish and wildlife projects for which reimbursement is available under section 2905(a)(3) of this title if they—

(1) are consistent with such of the requirements set forth in section 2903 of this title as may be appropriate, including, but not limited to, the requirements in paragraphs (3), (4), (5), and (7) of such section; and

(2) are substantial in character and design.

(Pub. L. 96–366, §5, Sept. 29, 1980, 94 Stat. 1324.)

Editorial Notes

References in Text

The Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (b)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables.

The Dingell-Johnson Sport Fish Restoration Act, referred to in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, also known as the Federal Aid in Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§777 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 777 of this title and Tables.
16 U.S.C. § 230b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXV: JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE / Section 230b: Owner's retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; "improved property" defined
Owner's retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; "improved property" defined
Status: in_force

Within the Barataria Preserve Unit, the owner or owners of improved property used for noncommercial residential purposes on a year-round basis may, as a condition of the acquisition of such property by the Secretary, elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the Secretary, the continued use of such property for a limited period would not unduly interfere with the development or management of the park. Such right of use and occupancy may be either a period ending on the death of the owner or his spouse, whichever occurs last, or a term of not more than twenty-five years, at the election of the owner. Unless the property is donated, the Secretary shall pay to the owner the fair market value of the property less the fair market value of the right retained by the owner. Such right may be transferred or assigned and may be terminated by the Secretary, if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term "improved property" means a single-family, year-round dwelling, the construction of which was begun before January 1, 1977 (or January 1, 2007, for areas added to the park after that date), which serves as the owner's permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located which the Secretary finds is reasonably necessary for the owner's continued use and occupancy of the dwelling.

(Pub. L. 95–625, title IX, §903, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 111–11, title VII, §7105(c), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)

Editorial Notes

Amendments

2009—Pub. L. 111–11 substituted "Barataria Preserve Unit" for "Barataria Marsh Unit" in first sentence and inserted "(or January 1, 2007, for areas added to the park after that date)" after "January 1, 1977" in fifth sentence.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.
16 U.S.C. § 1445a (2024) — Title 16: CONSERVATION / Chapter 32: MARINE SANCTUARIES / Section 1445a: Advisory Councils
Advisory Councils
Status: in_force

(a) Establishment

The Secretary may establish one or more advisory councils (in this section referred to as an "Advisory Council") to advise and make recommendations to the Secretary regarding the designation and management of national marine sanctuaries. The Advisory Councils shall be exempt from chapter 10 of title 5.

(b) Membership

Members of the Advisory Councils may be appointed from among—

(1) persons employed by Federal or State agencies with expertise in management of natural resources;

(2) members of relevant Regional Fishery Management Councils established under section 1852 of this title; and

(3) representatives of local user groups, conservation and other public interest organizations, scientific organizations, educational organizations, or others interested in the protection and multiple use management of sanctuary resources.

(c) Limits on membership

For sanctuaries designated after November 4, 1992, the membership of Advisory Councils shall be limited to no more than 15 members.

(d) Staffing and assistance

The Secretary may make available to an Advisory Council any staff, information, administrative services, or assistance the Secretary determines are reasonably required to enable the Advisory Council to carry out its functions.

(e) Public participation and procedural matters

The following guidelines apply with respect to the conduct of business meetings of an Advisory Council:

(1) Each meeting shall be open to the public, and interested persons shall be permitted to present oral or written statements on items on the agenda.

(2) Emergency meetings may be held at the call of the chairman or presiding officer.

(3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and in the Federal Register, except that in the case of a meeting of an Advisory Council established to provide assistance regarding any individual national marine sanctuary the notice is not required to be published in the Federal Register.

(4) Minutes of each meeting shall be kept and contain a summary of the attendees and matters discussed.

(Pub. L. 92–532, title III, §315, as added Pub. L. 102–587, title II, §2112, Nov. 4, 1992, 106 Stat. 5046; amended Pub. L. 104–283, §§5, 9(f), Oct. 11, 1996, 110 Stat. 3363, 3368; Pub. L. 106–513, §§16, 19(b)(5), Nov. 13, 2000, 114 Stat. 2391, 2393; Pub. L. 117–286, §4(a)(112), Dec. 27, 2022, 136 Stat. 4318.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act."

2000—Subsec. (a). Pub. L. 106–513, §16, substituted "advise and make recommendations" for "provide assistance".

Subsec. (b)(2). Pub. L. 106–513, §19(b)(5), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

1996—Pub. L. 104–283, §9(f), made technical amendment to directory language of Pub. L. 102–587, §2112, which added this section.

Subsec. (e)(3). Pub. L. 104–283, §5, inserted before period at end ", except that in the case of a meeting of an Advisory Council established to provide assistance regarding any individual national marine sanctuary the notice is not required to be published in the Federal Register".
16 U.S.C. § 7708 (2024) — Title 16: CONSERVATION / Chapter 96: NORTH PACIFIC FISHERIES CONVENTION / Section 7708: Territorial participation
Territorial participation
Status: in_force

The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam to the extent allowed under United States law.

(Pub. L. 114–327, title I, §108, Dec. 16, 2016, 130 Stat. 1984.)
16 U.S.C. § 934 (2024) — Title 16: CONSERVATION / Chapter 15A: GREAT LAKES FISHERIES / Section 934: Repealed. Pub. L. 92-471, title II, §203(a), Oct. 9, 1972, 86 Stat. 787
Repealed. Pub. L. 92-471, title II, §203(a), Oct. 9, 1972, 86 Stat. 787
Status: repealed

Section, act June 4, 1956, ch. 358, §5, 70 Stat. 243, provided that service of individuals appointed as United States Commissioners shall not be treated as service for the purposes of certain sections of Title 18, Crimes and Criminal Procedure, and Title 5, Government Organization and Employees.
16 U.S.C. § 4904 (2024) — Title 16: CONSERVATION / Chapter 69: WILD EXOTIC BIRD CONSERVATION / Section 4904: Moratoria on imports of exotic birds covered by Convention
Moratoria on imports of exotic birds covered by Convention
Status: in_force

(a) Immediate moratorium

(1) Establishment of moratorium

The importation of any exotic bird of a species identified as a category B species in the report entitled "Report of the Animals Committee", adopted by the 8th meeting of the Conference of the Parties to the Convention, is prohibited.

(2) Termination of moratorium

A species of exotic birds shall be subject to the prohibition on importation established by paragraph (1) until the Secretary, after notice and an opportunity for public comment—

(A) determines that appropriate remedial measures have been taken in the countries of origin for that species, so as to eliminate the threat of trade to the conservation of the species; and

(B) makes the findings described in section 4905(c) of this title for the species and includes the species in the list published under section 4905(a) of this title.

(b) Emergency authority to suspend imports of listed species

(1) Authority to suspend imports

The Secretary is authorized to suspend the importation of exotic birds of any species that is listed in any Appendix to the Convention, and if applicable remove the species from the list under section 4905(a) of this title, if the Secretary determines that—

(A)(i) trade in that species is detrimental to the species,

(ii) there is not sufficient information available on which to base a judgment that the species is not detrimentally affected by trade in that species, or

(iii) remedial measures have been recommended by the Standing Committee of the Convention that have not been implemented; and

(B) the suspension might be necessary for the conservation of the species.

(2) Termination of suspension

A species of exotic birds shall be subject to a suspension of importation under paragraph (1) until the Secretary, after notice and an opportunity for public comment, makes the findings described in section 4905(c) of this title and includes the species in the list published under section 4905(a) of this title.

(c) Moratorium after one year for other species listed in appendices

Effective on the date that is one year after October 23, 1992, the importation of any exotic bird of a species that is listed in any Appendix to the Convention is prohibited unless the Secretary makes the findings described in section 4905(c) of this title and includes the species in the list published under section 4905(a) of this title.

(d) Limitation on number imported during first year

Notwithstanding any other provision of this chapter, the Secretary shall prohibit the importation, during the 1-year period beginning on October 23, 1992, of exotic birds of each species that is listed under any Appendix to the Convention in excess of the number of that species that were imported during the most recent year for which the Secretary has complete import data.

(Pub. L. 102–440, title I, §105, Oct. 23, 1992, 106 Stat. 2226.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), was in the original "this Act" and was translated as reading "this title", meaning title I of Pub. L. 102–440, known as the Wild Bird Conservation Act of 1992, to reflect the probable intent of Congress.
16 U.S.C. § 583a (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter IV: SUSTAINED-YIELD FOREST MANAGEMENT / Section 583a: Cooperative agreements with private owners; privileges of private owners; recordation of agreements
Cooperative agreements with private owners; privileges of private owners; recordation of agreements
Status: in_force

The Secretary of Agriculture, with respect to forest land under his jurisdiction, and the Secretary of the Interior, with respect to forest land under his jurisdiction, are severally authorized, for the purposes specified in section 583 of this title, to enter into cooperative agreements with private owners of forest land within a cooperative sustained-yield unit, established pursuant to said section, providing for the coordinated management of such private forest land and of federally owned or administered forest lands within the sustained-yield unit involved. Each cooperative agreement may give the cooperating private landowner the privilege of purchasing without competitive bidding at prices not less than their appraised value, subject to periodic readjustments of stumpage rates and to such other conditions and requirements as the Secretary may prescribe, timber and other forest products from federally owned or administered forest land within the unit, in accordance with the provisions of sustained-yield management plans formulated or approved by the Secretary for the unit; shall limit the time, rate, and method of cutting or otherwise harvesting timber and other forest products from the land of the cooperating private landowner, due consideration being given to the character and condition of the timber, to the relation of the proposed cutting to the sustained-yield plan for the unit, and to the productive capacity of the land; shall prescribe the terms and conditions, but not the price, upon which the cooperating private landowner may sell to any person timber and other forest products from his land, compliance by the purchaser with such conditions to be required by the contract of sale; shall contain such provisions as the Secretary deems necessary to protect the reasonable interest of other owners of forest land within the unit; and shall contain such other provisions as the Secretary believes necessary to carry out the purposes of this subchapter.

Each cooperative agreement shall be placed on record in the county or counties in which the lands of the cooperating private landowner covered thereby are located, and the costs incident to such recordation may be paid out of any funds available for the protection or management of federally owned or administered forest land within the unit. When thus recorded, the agreement shall be binding upon the heirs, successors, and assigns of the owner of such land, and upon purchasers of timber or other forest products from such land, throughout the life of such cooperative agreement.

(Mar. 29, 1944, ch. 146, §2, 58 Stat. 132.)
16 U.S.C. § 47 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter VI: SEQUOIA AND YOSEMITE NATIONAL PARKS / Section 47: Additional lands excluded from Yosemite National Park and added to Sierra National Forest
Additional lands excluded from Yosemite National Park and added to Sierra National Forest
Status: in_force

That portion of the Yosemite National Park lying between the boundary line described in section 46 of this title and the line next herein described is excluded from said park and the said portion so described added to and made a part of the Sierra National Forest, to wit: Beginning at the point on the line between sections 35 and 36, township 4 south, range 21 east, where same intersects the middle of the channel of the South Fork of the Merced River; thence north on section line to the southwest corner of section 25; thence west on section lines to the southwest corner of section 28; thence north on section line to the northwest corner of section 28; thence west on section line to the quarter-section corner between sections 20 and 29; thence north through the middle of section 20 to the center thereof; thence east through the middle of section 20 to the quarter-section corner between sections 20 and 21; thence north on section line to the quarter-section corner between sections 16 and 17; thence west through middle of section 17 to the center thereof; thence north through the middle of sections 17, 8, and 5 to the quarter-section corner of north boundary of section 5 on township boundary, all in township 4 south, range 21 east; thence north through the middle of section 32, township 3 south, range 21 east, to the center thereof; thence west through the middle of section 32, said township, and section 36, township 3 south, range 20 east, to the quarter-section corner between sections 35 and 36; thence north on section line to the quarter-section corner between sections 25 and 26; thence east through the middle of section 25 to the center thereof; thence north through the middle of sections 25 and 24 to the center of section 24; thence west through the middle of sections 24, 23, and 22 to the quarter-section corner between sections 21 and 22, township 3 south, range 20 east, on the present western boundary of the Yosemite National Park. The above-indicated portion of land so made a part of the Sierra National Forest shall be subject to all of the Acts of Congress with relation thereto. The Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra National Forest accorded under the Act approved February fifteenth, nineteen hundred and one,1 relating to rights of way over certain parks, reservations, and other lands, and other sections concerning rights of way over public lands. In the grant of any right-of-way for railway purposes across the lands placed under this measure within the Sierra National Forest it shall be stipulated that no logs or timber shall be hauled over the same without the consent of the Secretary of the Interior and under regulations to be promulgated by him.

(June 11, 1906, No. 27, §1, 34 Stat. 831; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

Editorial Notes

References in Text

The Act approved February fifteenth, nineteen hundred and one, referred to in text, is act Feb. 15, 1901, ch. 372, 31 Stat. 790, which is classified to section 959 of Title 43, Public Lands. The Act, insofar as it related to National Park System units, was repealed and restated as section 100902(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

Codification

Section is derived from the second paragraph of section 1 of the Resolution of June 11, 1906. The second paragraph, aforesaid, originally began with the following words omitted here "The south and west boundary lines of the Yosemite National Park are hereby changed as follows:" The first portion of this section before the colon was derived from a later portion of the original section reading as follows: "And all that portion of the Yosemite National Park lying between the boundary line last above mentioned and the present boundary line of said national park is excluded from said park; and the said lands so excluded, and all thereof, are added to and made a part of the Sierra Forest Reserve, and shall hereafter form a part of said Sierra Forest Reserve, and shall be subject to all of the Acts of Congress with relation thereto:" The words of the first sentence of this section "described in section 46 of this title" replace the words "present boundary line" hereinbefore quoted.

For the first paragraph of the Resolution of June 11, 1906, see section 48 of this title.

"Sierra National Forest" substituted in text for "Sierra Forest Reserve" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.

1 See References in Text note below.
16 U.S.C. § 8201 (2024) — Title 16: CONSERVATION / Chapter 101: NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS / Section 8201: Purpose
Purpose
Status: in_force

The purpose of this chapter is to encourage partnerships among public agencies and other interested persons to promote fish conservation—

(1) to achieve measurable habitat conservation results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by—

(A) improving ecological conditions;

(B) restoring natural processes; or

(C) preventing the decline of intact and healthy systems;

(2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships;

(3) to broaden the community of support for fish habitat conservation by—

(A) increasing fishing opportunities;

(B) fostering the participation of local communities, especially young people in local communities, in conservation activities; and

(C) raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities;

(4) to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment—

(A) to empower strategic conservation actions supported by broadly available scientific information; and

(B) to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and

(5) to communicate to the public and conservation partners—

(A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and

(B) new opportunities and voluntary approaches for conserving fish habitat.

(Pub. L. 116–188, title II, §201, Oct. 30, 2020, 134 Stat. 924.)

Statutory Notes and Related Subsidiaries

Short Title of 2024 Amendment

Pub. L. 118–198, §1(a), Dec. 23, 2024, 138 Stat. 2678, provided that: "This Act [amending sections 666c–1, 667h, 3709, 4406, 8203 to 8206, 8209, 8211, and 8212 of this title, sections 8355 and 8356 of Title 7, Agriculture, and section 1267 of Title 33, Navigation and Navigable Waters, and provisions set out as notes under section 2601 of Title 15, Commerce and Trade, section 1267 of Title 33, and section 320101 of Title 54, National Park Service and Related Programs] may be cited as the 'America's Conservation Enhancement Reauthorization Act of 2024'."

Short Title

Pub. L. 116–188, §1(a), Oct. 30, 2020, 134 Stat. 905, provided that: "This Act [enacting this chapter, sections 667h and 669l of this title, and sections 8355 and 8356 of Title 7, Agriculture, amending sections 666c–1, 3702, 3703, 3709, 3710, 4403, and 4406 of this title and section 1267 of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under section 2601 of Title 15, Commerce and Trade, and section 1267 of Title 33, and amending provisions set out as notes under sections 669 and 742b of this title and section 320101 of Title 54, National Park Service and Related Programs] may be cited as the 'America's Conservation Enhancement Act'."
16 U.S.C. § 407g (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter L: CARLSBAD CAVERNS NATIONAL PARK / Section 407g: State right-of-way for park-type road; reconveyance of interest upon completion of road
State right-of-way for park-type road; reconveyance of interest upon completion of road
Status: in_force

The Secretary is authorized to convey to the State of New Mexico a right-of-way over lands between the western boundary of the southeast quarter of section 34, township 24 south, range 25 east, and the vicinity of the caverns for the use of the State in constructing a park-type road for public use thereon: Provided, That the State may construct a road which shall meet the general standards of National Park Service roads and shall agree to reconvey its interests in such lands and any improvements thereon, without cost to the United States, upon completion of such road. The location of the road shall be determined by the Secretary, after consultation with officials of the State of New Mexico.

(Pub. L. 88–249, §3, Dec. 30, 1963, 77 Stat. 819.)
16 U.S.C. § 4723 (2024) — Title 16: CONSERVATION / Chapter 67: AQUATIC NUISANCE PREVENTION AND CONTROL / Subchapter III: PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES DISPERSAL / Section 4723: Regional coordination
Regional coordination
Status: in_force

(a) Great Lakes panel

(1) In general

Not later than 30 days following November 29, 1990, the Task Force shall request that the Great Lakes Commission (established under Article IV of the Great Lakes Compact to which the Congress granted consent in the Act of July 24, 1968, P.L. 90–419) convene a panel of Great Lakes region representatives from Federal, State and local agencies and from private environmental and commercial interests to—

(A) identify priorities for the Great Lakes region with respect to aquatic nuisance species;

(B) make recommendations to the Task Force regarding programs to carry out section 4722(i) of this title;

(C) assist the Task Force in coordinating Federal aquatic nuisance species program activities in the Great Lakes region;

(D) coordinate, where possible, aquatic nuisance species program activities in the Great Lakes region that are not conducted pursuant to this chapter;

(E) provide advice to public and private individuals and entities concerning methods of controlling aquatic nuisance species; and

(F) submit annually a report to the Task Force describing activities within the Great Lakes region related to aquatic nuisance species prevention, research, and control.

(2) Consultation

The Task Force shall request that the Great Lakes Fishery Commission provide information to the panel convened under this subsection on technical and policy matters related to the international fishery resources of the Great Lakes.

(3) Canadian participation

The panel convened under this subsection is encouraged to invite representatives from the Federal, provincial or territorial governments of Canada to participate as observers.

(b) Western regional panel

Not later than 30 days after October 26, 1996, the Task Force shall request a Western regional panel, comprised of Western region representatives from Federal, State, and local agencies and from private environmental and commercial interests, to—

(1) identify priorities for the Western region with respect to aquatic nuisance species;

(2) make recommendations to the Task Force regarding an education, monitoring (including inspection), prevention, and control program to prevent the spread of the zebra mussel west of the 100th Meridian pursuant to section 4722(i) of this title;

(3) coordinate, where possible, other aquatic nuisance species program activities in the Western region that are not conducted pursuant to this chapter;

(4) develop an emergency response strategy for Federal, State, and local entities for stemming new invasions of aquatic nuisance species in the region;

(5) provide advice to public and private individuals and entities concerning methods of preventing and controlling aquatic nuisance species infestations; and

(6) submit annually a report to the Task Force describing activities within the Western region related to aquatic nuisance species prevention, research, and control.

(c) Additional regional panels

The Task Force shall—

(1) encourage the development and use of regional panels and other similar entities in regions in addition to the Great Lakes and Western regions (including providing financial assistance for the development and use of such entities) to carry out, with respect to those regions, activities that are similar to the activities described in subsections (a) and (b); and

(2) cooperate with regional panels and similar entities that carry out the activities described in paragraph (1).

(Pub. L. 101–646, title I, §1203, Nov. 29, 1990, 104 Stat. 4769; Pub. L. 104–332, §2(e)(5), (h)(1), Oct. 26, 1996, 110 Stat. 4087, 4091; Pub. L. 117–263, div. K, title CXIII, §11327(e)(3), Dec. 23, 2022, 136 Stat. 4098.)

Editorial Notes

References in Text

Act of July 24, 1968, referred to in subsec. (a)(1), is Pub. L. 90–419, July 24, 1968, 82 Stat. 414, which is not classified to the Code.

This chapter, referred to in subsecs. (a)(1)(D) and (b)(3), was in the original "this Act", which, to reflect the probable intent of Congress, was translated as reading "this title" meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables.

Amendments

2022—Subsec. (a)(1)(F). Pub. L. 117–263, §11327(e)(3)(A), inserted "and" after "research,".

Subsec. (a)(3). Pub. L. 117–263, §11327(e)(3)(B), substituted "encouraged" for "encourage".

1996—Pub. L. 104–332, §2(h)(1), made technical amendment to Pub. L. 101–646, §1203, which enacted this section.

Pub. L. 104–332, §2(e)(5)(A), substituted "Regional" for "Great Lakes regional" in section catchline.

Pub. L. 104–332, §2(e)(5)(B)–(F), designated existing provisions as subsec. (a) and inserted subsec. heading, redesignated former subsec. (a) as par. (1), and former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), in par. (1) inserted "region" before "representatives" in introductory provisions and after "Great Lakes" in subpars. (A), (C), (D), and (F), redesignated subsecs. (b) and (c) as pars. (2) and (3), respectively, of subsec. (a), substituted "this subsection" for "this section" in those pars., and added subsecs. (b) and (c).
16 U.S.C. § 6411 (2024) — Title 16: CONSERVATION / Chapter 83: CORAL REEF CONSERVATION / Section 6411: Coral reef research
Coral reef research
Status: in_force

(a) Reef research coordination institutes

(1) Establishment

The Administrator shall designate 2 reef research coordination institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, one each in the Atlantic and Pacific basins, to be known as the "Atlantic Reef Research Coordination Institute" and the "Pacific Reef Research Coordination Institute", respectively.

(2) Membership

Each institute designated under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under subsection (b).

(3) Functions

The institutes designated under paragraph (1) shall—

(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the National Coral Reef Resilience Strategy;

(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this chapter on promoting more effective coral reef management and restoration; and

(C) through agreements—

(i) collaborate directly with States, covered Native entities, covered coral reef managers, nonprofit organizations, and other coral reef research centers designated under subsection (b);

(ii) assist in the development and implementation of—

(I) the National Coral Reef Resilience Strategy; and

(II) coral reef action plans under section 6404 of this title;

(iii) build capacity within non-Federal governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and

(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on—

(I) coral reefs and coral reef ecosystems;

(II) best practices for coral reef ecosystem management and restoration;

(III) the value of coral reefs; and

(IV) the threats to the sustainability of coral reef ecosystems.

(b) Coral reef research centers

(1) In general

The Administrator shall—

(A) periodically solicit applications for designation of qualifying institutions in covered States as coral reef research centers; and

(B) designate all qualifying institutions in covered States as coral reef research centers.

(2) Qualifying institutions

For purposes of paragraph (1), an institution is a qualifying institution if the Administrator determines that the institution—

(A) is operated by an institution of higher education or nonprofit marine research organization;

(B) has established management-driven national or regional coral reef research or restoration programs;

(C) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, and other academic and nonprofit organizations; and

(D) maintains significant local community engagement and outreach programs related to coral reef ecosystems.

(Pub. L. 106–562, title II, §212, as added Pub. L. 117–263, div. J, title C, §10001(a), Dec. 23, 2022, 136 Stat. 3945.)