16 U.S.C. § 460ooo (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter CXXVI: LAS CIENEGAS NATIONAL CONSERVATION AREA / Section 460ooo: Definitions
Definitions
Status: in_force

For the purposes of this subchapter, the following definitions apply:

(1) Conservation Area

The term "Conservation Area" means the Las Cienegas National Conservation Area established by section 460ooo–3(a) of this title.

(2) Acquisition Planning District

The term "Acquisition Planning District" means the Sonoita Valley Acquisition Planning District established by section 460ooo–1(a) of this title.

(3) Management plan

The term "management plan" means the management plan for the Conservation Area.

(4) Public lands

The term "public lands" has the meaning given the term in section 1702(e) of title 43, except that such term shall not include interest in lands not owned by the United States.

(5) Secretary

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

(Pub. L. 106–538, §1, Dec. 6, 2000, 114 Stat. 2563.)
16 U.S.C. § 1461 (2024) — Title 16: CONSERVATION / Chapter 33: COASTAL ZONE MANAGEMENT / Section 1461: National Estuarine Research Reserve System
National Estuarine Research Reserve System
Status: in_force

(a) Establishment of System

There is established the National Estuarine Research Reserve System (hereinafter referred to in this section as the "System") that consists of—

(1) each estuarine sanctuary designated under this section as in effect before April 7, 1986; and

(2) each estuarine area designated as a national estuarine reserve under subsection (b).

Each estuarine sanctuary referred to in paragraph (1) is hereby designated as a national estuarine reserve.

(b) Designation of national estuarine reserves

After April 7, 1986, the Secretary may designate an estuarine area as a national estuarine reserve if—

(1) the Governor of the coastal state in which the area is located nominates the area for that designation; and

(2) the Secretary finds that—

(A) the area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System;

(B) the law of the coastal state provides long-term protection for reserve resources to ensure a stable environment for research;

(C) designation of the area as a reserve will serve to enhance public awareness and understanding of estuarine areas, and provide suitable opportunities for public education and interpretation; and

(D) the coastal state in which the area is located has complied with the requirements of any regulations issued by the Secretary to implement this section.

(c) Estuarine research guidelines

The Secretary shall develop guidelines for the conduct of research within the System that shall include—

(1) a mechanism for identifying, and establishing priorities among, the coastal management issues that should be addressed through coordinated research within the System;

(2) the establishment of common research principles and objectives to guide the development of research programs within the System;

(3) the identification of uniform research methodologies which will ensure comparability of data, the broadest application of research results, and the maximum use of the System for research purposes;

(4) the establishment of performance standards upon which the effectiveness of the research efforts and the value of reserves within the System in addressing the coastal management issues identified in paragraph (1) may be measured; and

(5) the consideration of additional sources of funds for estuarine research than the funds authorized under this chapter, and strategies for encouraging the use of such funds within the System, with particular emphasis on mechanisms established under subsection (d).

In developing the guidelines under this section, the Secretary shall consult with prominent members of the estuarine research community.

(d) Promotion and coordination of estuarine research

The Secretary shall take such action as is necessary to promote and coordinate the use of the System for research purposes including—

(1) requiring that the National Oceanic and Atmospheric Administration, in conducting or supporting estuarine research, give priority consideration to research that uses the System; and

(2) consulting with other Federal and State agencies to promote use of one or more reserves within the System by such agencies when conducting estuarine research.

(e) Financial assistance

(1) The Secretary may, in accordance with such rules and regulations as the Secretary shall promulgate, make grants—

(A) to a coastal state—

(i) for purposes of acquiring such lands and waters, and any property interests therein, as are necessary to ensure the appropriate long-term management of an area as a national estuarine reserve,

(ii) for purposes of operating or managing a national estuarine reserve and constructing appropriate reserve facilities, or

(iii) for purposes of conducting educational or interpretive activities; and

(B) to any coastal state or public or private person for purposes of supporting research and monitoring within a national estuarine reserve that are consistent with the research guidelines developed under subsection (c).

(2) Financial assistance provided under paragraph (1) shall be subject to such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States, including requiring coastal states to execute suitable title documents setting forth the property interest or interests of the United States in any lands and waters acquired in whole or part with such financial assistance.

(3)(A) The amount of the financial assistance provided under paragraph (1)(A)(i) with respect to the acquisition of lands and waters, or interests therein, for any one national estuarine reserve may not exceed an amount equal to 50 percent of the costs of the lands, waters, and interests therein or $5,000,000, whichever amount is less.

(B) The amount of the financial assistance provided under paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed 70 percent of the costs incurred to achieve the purposes described in those paragraphs with respect to a reserve; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activities that benefit the entire System.

(C) Notwithstanding subparagraphs (A) and (B), financial assistance under this subsection provided from amounts recovered as a result of damage to natural resources located in the coastal zone may be used to pay 100 percent of the costs of activities carried out with the assistance.

(f) Evaluation of System performance

(1) The Secretary shall periodically evaluate the operation and management of each national estuarine reserve, including education and interpretive activities, and the research being conducted within the reserve.

(2) If evaluation under paragraph (1) reveals that the operation and management of the reserve is deficient, or that the research being conducted within the reserve is not consistent with the research guidelines developed under subsection (c), the Secretary may suspend the eligibility of that reserve for financial assistance under subsection (e) until the deficiency or inconsistency is remedied.

(3) The Secretary may withdraw the designation of an estuarine area as a national estuarine reserve if evaluation under paragraph (1) reveals that—

(A) the basis for any one or more of the findings made under subsection (b)(2) regarding that area no longer exists; or

(B) a substantial portion of the research conducted within the area, over a period of years, has not been consistent with the research guidelines developed under subsection (c).

(g) Report

The Secretary shall include in the report required under section 1462 of this title information regarding—

(1) new designations of national estuarine reserves;

(2) any expansion of existing national estuarine reserves;

(3) the status of the research program being conducted within the System; and

(4) a summary of the evaluations made under subsection (f).

(Pub. L. 89–454, title III, §315, formerly §312, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1288; renumbered §315 and amended Pub. L. 94–370, §§7, 12, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96–464, §11, Oct. 17, 1980, 94 Stat. 2067; Pub. L. 99–272, title VI, §6044, Apr. 7, 1986, 100 Stat. 125; Pub. L. 101–508, title VI, §6214, Nov. 5, 1990, 104 Stat. 1388–313; Pub. L. 102–587, title II, §2205(b)(1)(A), (B), (21), (22), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104–150, §6, June 3, 1996, 110 Stat. 1381.)

Editorial Notes

Amendments

1996—Subsec. (e)(3)(C). Pub. L. 104–150 added subpar. (C).

1992—Subsec. (a). Pub. L. 102–587, §2205(b)(21), substituted "Research Reserve" for "Reserve Research".

Subsec. (b). Pub. L. 102–587, §2205(b)(1)(A), substituted "coastal state" for "coastal State" in pars. (1) and (2)(B) and (D).

Subsec. (c)(4). Pub. L. 102–587, §2205(b)(22), substituted "paragraph (1)" for "subsection (1)".

Subsec. (e). Pub. L. 102–587, §2205(b)(1)(A), (B), substituted "coastal state" for "coastal State" in par. (1)(A) and (B) and "coastal states" for "coastal States" in par. (2).

1990—Pub. L. 101–508, §6214(a), substituted "Research Reserve" for "Reserve Research" in section catchline.

Subsec. (e)(3)(A). Pub. L. 101–508, §6214(b), (d), substituted "percent" for "per centum" and "$5,000,000" for "$4,000,000", and struck out "of subsection (e) of this section" after "paragraph (1)(A)(i)".

Subsec. (e)(3)(B). Pub. L. 101–508, §6214(c), (d), substituted "70 percent" for "50 per centum", struck out "of subsection (e) of this section" after "paragraph (1)(B)" and inserted before period at end "; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activities that benefit the entire System".

1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: "The Secretary may, in accordance with this section and in accordance with such rules and regulations as the Secretary shall promulgate, make grants to any coastal state for the purpose of—

"(1) acquiring, developing, or operating estuarine sanctuaries, to serve as natural field laboratories in which to study and gather data on the natural and human processes occurring within the estuaries of the coastal zone; and

"(2) acquiring lands to provide for the preservation of islands, or portions thereof.

The amount of any such grant shall not exceed 50 per centum of the cost of the project involved; except that, in the case of acquisition of any estuarine sanctuary, the Federal share of the cost thereof shall not exceed $3,000,000. No grant for acquisition of land may be made under this section without the approval of the Governor of the State in which is located the land proposed to be acquired."

1980—Pub. L. 96–464, in par. (2), substituted "the preservation of islands, or portions thereof" for "access to public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value, and for the preservation of islands"; and in provision following par. (2), raised the spending limitation of $2,000,000 to $3,000,000 and inserted provision that no grant for acquisition of land may be made under this section without the approval of the Governor of the state in which the land proposed to be acquired is located.

1976—Pub. L. 94–370, §12, restructured existing provisions into pars. (1) and (2), inserted purpose of acquiring lands to provide for access to beaches and other coastal areas and for the preservation of islands, and struck out proviso that no Federal funds received pursuant to sections 1454 or 1455 of this title be used for purposes of this section.
16 U.S.C. § 460j (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXVII: COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS / Section 460j: Disposition of proceeds
Disposition of proceeds
Status: in_force

The proceeds from any sale made under this subchapter shall be covered into the Treasury of the United States as miscellaneous receipts.

(Aug. 6, 1956, ch. 987, §6, 70 Stat. 1066.)
16 U.S.C. § 698r (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 698r: Administration
Administration
Status: in_force

(a) In general

The Preserve shall be administered by the Secretary in accordance with sections 698q to 698t of this title and in accordance with the laws generally applicable to units of the National Park System, including—

(1) the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (16 U.S.C. 1 et seq.); 1 and

(2) the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 461 et seq.).1

(b) Hunting and fishing

(1) In general

Subject to paragraphs (2) and (3), the Secretary shall permit hunting, trapping, and fishing on lands and waters under the jurisdiction of the Secretary within the Preserve in accordance with applicable Federal and State laws.

(2) Time and place restrictions

Subject to such terms and conditions as the Secretary considers necessary in furtherance of sections 698q to 698t of this title, and after consultation with the Department of Conservation and Natural Resources of the State of Alabama and owners of lands adjacent to the Preserve, the Secretary may designate zones where, and establish periods when, the activities described in paragraph (1) will not be permitted within the Preserve for reasons of public safety, administration, fish and wildlife habitat, or public use and enjoyment.

(3) Restrictions in boundary areas

After consultation with the Department of Conservation and Natural Resources of the State of Alabama and with the owners of lands adjacent to the Preserve, the Secretary may restrict hunting in areas within the Preserve that are adjacent to the boundaries of the Preserve where the restriction is necessary or appropriate to protect public safety.

(4) Congressional intent

Nothing in sections 698q to 698t of this title is intended to affect the jurisdiction or responsibilities of the State of Alabama with respect to fish and wildlife.

(c) Water resources projects

Subsection (a) of section 1278 of this title shall apply to that portion of the Little River that flows through the Preserve in the same manner and to the same extent as such subsection applies to the rivers referred to in such subsection. The application of such subsection to the Preserve shall not affect any determination of the value of the lands, waters, or interests in lands and waters within the boundaries of the Preserve.

(d) Cooperative agreements with State

(1) Law enforcement and fire prevention

In administering the Preserve, the Secretary may enter into cooperative agreements with the State of Alabama, or any political subdivision of the State, for the rendering of—

(A) rescue, fire fighting, and law enforcement services; and

(B) cooperative assistance by law enforcement and fire preventive agencies located in the vicinity of the Preserve.

(2) Preparation of management plan

To facilitate the purposes of this section, the Secretary may enter into cooperative agreements with the State of Alabama and directly affected political subdivisions of the State to provide professional assistance in the preparation of the management plan for the Preserve.

(e) DeSoto State Park

If lands within DeSoto State Park are acquired by the Secretary, at the request of the Department of Conservation and Natural Resources of the State of Alabama, the Secretary shall enter into a cooperative agreement with the Department for the continued management by the Department of the lodge and other facilities that, as of October 21, 1992, are part of DeSoto State Park. The cooperative agreement shall provide for the management and operation of the lodge and facilities in a manner that, to the maximum extent practicable, is consistent with similar operations elsewhere in the National Park System.

(f) Public involvement

(1) Public awareness and participation program

The Secretary shall develop and conduct a program to promote and encourage awareness of and participation in the development of the general management plan for the Preserve by persons owning property in the vicinity of the Preserve, other interested groups and individuals, State, county, and municipal agencies, and the general public. Prior to final approval of the plan, the Secretary shall hold public meetings in DeKalb and Cherokee Counties.

(2) Consideration of public comment

In preparing and implementing the plan described in paragraph (1), the Secretary shall give full consideration to the views and comments of the individuals, groups, and agencies described in paragraph (1).

(g) Green Pitcher Plant

Upon the transfer by Alabama Power Company to the United States of any lands within the boundaries of the Preserve that contain the Green Pitcher Plant (Sarracenia oreophila), all rights and obligations of Alabama Power Company under the agreement entered into between the company and the Department of the Interior (including the United States Fish and Wildlife Service) on May 12, 1983, in settlement of the action brought on September 24, 1980, against the Secretary and the Director of the Fish and Wildlife Service in the United States District Court for the Northern District of Alabama (Civil Action No. CV 80–C–1242–M), shall be extinguished.

(Pub. L. 102–427, §3, Oct. 21, 1992, 106 Stat. 2179.)

Editorial Notes

References in Text

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

The Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 461 et seq.), referred to in subsec. (a)(2), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.
16 U.S.C. § 825g (2024) — Title 16: CONSERVATION / Chapter 12: FEDERAL REGULATION AND DEVELOPMENT OF POWER / Subchapter III: LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND ADMINISTRATIVE PROVISIONS / Section 825g: Hearings; rules of procedure
Hearings; rules of procedure
Status: in_force

(a) Hearings under this chapter may be held before the Commission, any member or members thereof or any representative of the Commission designated by it, and appropriate records thereof shall be kept. In any proceeding before it, the Commission, in accordance with such rules and regulations as it may prescribe, may admit as a party any interested State, State commission, municipality, or any representative of interested consumers or security holders, or any competitor of a party to such proceeding, or any other person whose participation in the proceeding may be in the public interest.

(b) All hearings, investigations, and proceedings under this chapter shall be governed by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, rule, or regulation issued under the authority of this chapter.

(June 10, 1920, ch. 285, pt. III, §308, as added Aug. 26, 1935, ch. 687, title II, §213, 49 Stat. 858.)
16 U.S.C. § 519 (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 519: Agricultural lands included in tracts acquired; sale for homesteads
Agricultural lands included in tracts acquired; sale for homesteads
Status: in_force

Inasmuch as small areas of land chiefly valuable for agriculture may of necessity or by inadvertence be included in tracts acquired under this Act, the Secretary of Agriculture may, in his discretion, and he is authorized, upon application or otherwise, to examine and ascertain the location and extent of such areas as in his opinion may be occupied for agricultural purposes without injury to the forests or to stream flow and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise, and offer them for sale as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not exceeding eighty acres, in area, under such rules and regulations as he may prescribe; and in case of such sale the jurisdiction over the lands sold shall, ipso facto, revert to the State in which the lands sold lie. And no right, title, interest, or claim in or to any lands acquired under this Act, or the waters thereon, or the products, resources, or use thereof after such lands shall have been so acquired, shall be initiated or perfected, except as in this section provided.

(Mar. 1, 1911, ch. 186, §10, 36 Stat. 962; Pub. L. 86–509, §1(k), June 11, 1960, 74 Stat. 205.)

Editorial Notes

References in Text

This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 518, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

Codification

"Such rules and regulations as he may prescribe" was substituted for "such joint rules and regulations as the Secretary of Agriculture and the Secretary of the Interior may prescribe" in view of the transfer of functions under this section to the Secretary of Agriculture from the Secretary of the Interior by section 1(k) of Pub. L. 86–509, set out as a note under section 2201 of Title 7, Agriculture.
16 U.S.C. § 7002 (2024) — Title 16: CONSERVATION / Chapter 89: PACIFIC WHITING / Section 7002: United States representation on joint management committee
United States representation on joint management committee
Status: in_force

(a) Representatives

(1) In general

The Secretary, in consultation with the Secretary of State, shall appoint 4 individuals to represent the United States as the United States Section on the joint management committee. In making the appointments, the Secretary shall select representatives from among individuals who are knowledgeable or experienced concerning the offshore whiting resource. Of these—

(A) 1 shall be an official of the National Oceanic and Atmospheric Administration;

(B) 1 shall be a member of the Pacific Fishery Management Council, appointed with consideration given to any recommendation provided by that Council;

(C) 1 shall be appointed from a list submitted by the treaty Indian tribes with treaty fishing rights to the offshore whiting resource; and

(D) 1 shall be appointed from the commercial sector of the whiting fishing industry concerned with the offshore whiting resource.

(2) Term of office

Each representative appointed under paragraph (1) shall be appointed for a term not to exceed 4 years, except that, of the initial appointments, 2 representatives shall be appointed for terms of 2 years. Any individual appointed to fill a vacancy occurring prior to the expiration of the term of office of that individual's predecessor shall be appointed for the remainder of that term. A representative may be appointed for a term of less than 4 years if such term is necessary to ensure that the term of office of not more than 2 representatives will expire in any single year. An individual appointed to serve as a representative is eligible for reappointment.

(3) Chair

Unless otherwise agreed by all of the 4 representatives, the chair shall rotate annually among the 4 members, with the order of rotation determined by lot at the first meeting.

(b) Alternate representatives

The Secretary, in consultation with the Secretary of State, may designate alternate representatives of the United States to serve on the joint management committee. An alternative representative may exercise, at any meeting of the committee, all the powers and duties of a representative in the absence of a duly designated representative for whatever reason.

(Pub. L. 109–479, title VI, §603, Jan. 12, 2007, 120 Stat. 3645.)
16 U.S.C. § 460jj (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XCIV: ARAPAHO NATIONAL RECREATION AREA / Section 460jj: Establishment
Establishment
Status: in_force

(a) In general

An area of land comprising approximately 35,235 acres located in Grand County, Colorado, within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project (as generally depicted as the "Arapaho National Recreation Area" on a map entitled "Indian Peaks Wilderness Area and Arapaho National Recreation Area" and dated May 2007) is established as the Arapaho National Recreation Area.

(b) Administration

The Secretary shall administer the Arapaho National Recreation Area, in accordance with the laws and regulations applicable to the national forests, in such a manner as will best provide for—

(1) public recreation and enjoyment;

(2) the conservation and development of the scenic, natural, historic, and pastoral values of the area;

(3) the management, utilization, and disposal of natural resources such as timber, grazing, and mineral resources so that their utilization will not substantially impair the purposes for which the recreation area is established; and

(4) the management of water quality in the recreation area consistent with the development of needed water supply and waste-water systems, including the control of aquatic vegetation in the streams, lakes, and reservoirs within the recreation area.

(c) Management plan

The Secretary shall develop an overall management plan for the Arapaho National Recreation Area. This plan shall be developed in consultation with State and local political subdivisions and other interested persons.

(Pub. L. 95–450, §4, Oct. 11, 1978, 92 Stat. 1095; Pub. L. 111–11, title I, §1955(b), Mar. 30, 2009, 123 Stat. 1075.)

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–11 substituted "35,235 acres" for "thirty-six thousand two hundred thirty-five acres" and "and dated May 2007" for ", dated July 1978".

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 95–450, §1, Oct. 11, 1978, 92 Stat. 1095, provided that: "This Act [enacting this subchapter and enacting notes set out under this section and section 1132 of this title] may be cited as the 'Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act'."

Legislative Findings; Purposes

Pub. L. 95–450, §2, Oct. 11, 1978, 92 Stat. 1095, provided that: "The Congress finds that it is in the national interest—

"(1) to include the land within the Arapaho and the Roosevelt National Forests known as the Indian Peaks Area in the National Wilderness Preservation System so as to protect the area's enduring scenic and historic wilderness character and its unique wildlife and to preserve the area's scientific, educational, recreational, and inspirational resources and challenges; and

"(2) to create the Arapaho National Recreation Area within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project so as to preserve and protect the natural, scenic, historic, pastoral, and wildlife resources of the area and to enhance the recreational opportunities provided."
16 U.S.C. § 1437 (2024) — Title 16: CONSERVATION / Chapter 32: MARINE SANCTUARIES / Section 1437: Enforcement
Enforcement
Status: in_force

(a) In general

The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this chapter.

(b) Powers of authorized officers

Any person who is authorized to enforce this chapter may—

(1) board, search, inspect, and seize any vessel suspected of being used to violate this chapter or any regulation or permit issued under this chapter and any equipment, stores, and cargo of such vessel;

(2) seize wherever found any sanctuary resource taken or retained in violation of this chapter or any regulation or permit issued under this chapter;

(3) seize any evidence of a violation of this chapter or of any regulation or permit issued under this chapter;

(4) execute any warrant or other process issued by any court of competent jurisdiction;

(5) exercise any other lawful authority; and

(6) arrest any person, if there is reasonable cause to believe that such person has committed an act prohibited by section 1436(3) of this title.

(c) Criminal offenses

(1) Offenses

A person is guilty of an offense under this subsection if the person commits any act prohibited by section 1436(3) of this title.

(2) Punishment

Any person that is guilty of an offense under this subsection—

(A) except as provided in subparagraph (B), shall be fined under title 18, imprisoned for not more than 6 months, or both; or

(B) in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this chapter or any person authorized to implement the provisions of this chapter, or places any such person in fear of imminent bodily injury, shall be fined under title 18, imprisoned for not more than 10 years, or both.

(d) Civil penalties

(1) Civil penalty

Any person subject to the jurisdiction of the United States who violates this chapter or any regulation or permit issued under this chapter shall be liable to the United States for a civil penalty of not more than $100,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation.

(2) Notice

No penalty shall be assessed under this subsection until after the person charged has been given notice and an opportunity for a hearing.

(3) In rem jurisdiction

A vessel used in violating this chapter or any regulation or permit issued under this chapter shall be liable in rem for any civil penalty assessed for such violation. Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.

(4) Review of civil penalty

Any person against whom a civil penalty is assessed under this subsection may obtain review in the United States district court for the appropriate district by filing a complaint in such court not later than 30 days after the date of such order.

(5) Collection of penalties

If any person fails to pay an assessment of a civil penalty under this section after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(6) Compromise or other action by Secretary

The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is or may be imposed under this section.

(e) Forfeiture

(1) In general

Any vessel (including the vessel's equipment, stores, and cargo) and other item used, and any sanctuary resource taken or retained, in any manner, in connection with or as a result of any violation of this chapter or of any regulation or permit issued under this chapter shall be subject to forfeiture to the United States pursuant to a civil proceeding under this subsection. The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section 1443 of this title. None of those proceeds shall be subject to set-off.

(2) Application of the customs laws

The Secretary may exercise the authority of any United States official granted by any relevant customs law relating to the seizure, forfeiture, condemnation, disposition, remission, and mitigation of property in enforcing this chapter.

(3) Disposal of sanctuary resources

Any sanctuary resource seized pursuant to this chapter may be disposed of pursuant to an order of the appropriate court, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary. Any proceeds from the sale of such sanctuary resource shall for all purposes represent the sanctuary resource so disposed of in any subsequent legal proceedings.

(4) Presumption

For the purposes of this section there is a rebuttable presumption that all sanctuary resources found on board a vessel that is used or seized in connection with a violation of this chapter or of any regulation or permit issued under this chapter were taken or retained in violation of this chapter or of a regulation or permit issued under this chapter.

(f) Payment of storage, care, and other costs

(1) Expenditures

(A) Notwithstanding any other law, amounts received by the United States as civil penalties, forfeitures of property, and costs imposed under paragraph (2) shall be retained by the Secretary in the manner provided for in section 9607(f)(1) of title 42.

(B) Amounts received under this section for forfeitures and costs imposed under paragraph (2) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any sanctuary resource or other property seized in connection with a violation of this chapter or any regulation or permit issued under this chapter.

(C) Amounts received under this section as civil penalties and any amounts remaining after the operation of subparagraph (B) shall be used, in order of priority, to—

(i) manage and improve the national marine sanctuary with respect to which the violation occurred that resulted in the penalty or forfeiture;

(ii) pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this chapter or any regulation or permit issued under this chapter; and

(iii) manage and improve any other national marine sanctuary.

(2) Liability for costs

Any person assessed a civil penalty for a violation of this chapter or of any regulation or permit issued under this chapter, and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any sanctuary resource or other property seized in connection with the violation.

(g) Subpoenas

In the case of any hearing under this section which is determined on the record in accordance with the procedures provided for under section 554 of title 5, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, electronic files, and documents, and may administer oaths.

(h) Use of resources of State and other Federal agencies

The Secretary shall, whenever appropriate, use by agreement the personnel, services, and facilities of State and other Federal departments, agencies, and instrumentalities, on a reimbursable or nonreimbursable basis, to carry out the Secretary's responsibilities under this section.

(i) Coast Guard authority not limited

Nothing in this section shall be considered to limit the authority of the Coast Guard to enforce this or any other Federal law under section 89 1 of title 14.

(j) Injunctive relief

If the Secretary determines that there is an imminent risk of destruction or loss of or injury to a sanctuary resource, or that there has been actual destruction or loss of, or injury to, a sanctuary resource which may give rise to liability under section 1443 of this title, the Attorney General, upon request of the Secretary, shall seek to obtain such relief as may be necessary to abate such risk or actual destruction, loss, or injury, or to restore or replace the sanctuary resource, or both. The district courts of the United States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require.

(k) Area of application and enforceability

The area of application and enforceability of this chapter includes the territorial sea of the United States, as described in Presidential Proclamation 5928 of December 27, 1988, which is subject to the sovereignty of the United States, and the United States exclusive economic zone, consistent with international law.

(l) Nationwide service of process

In any action by the United States under this chapter, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process.

(Pub. L. 92–532, title III, §307, as added Pub. L. 98–498, title I, §102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 100–627, title II, §207, Nov. 7, 1988, 102 Stat. 3219; Pub. L. 102–587, title II, §2107(a)–(c), (e), Nov. 4, 1992, 106 Stat. 5043, 5044; Pub. L. 104–283, §9(c), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §8, Nov. 13, 2000, 114 Stat. 2387.)

Editorial Notes

References in Text

Section 89 of title 14, referred to in subsec. (i), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Presidential Proclamation 5928 of December 27, 1988, referred to in subsec. (k), is set out as a note under section 1331 of Title 43, Public Lands.

Amendments

2000—Subsec. (b)(6). Pub. L. 106–513, §8(a), added par. (6).

Subsecs. (c) to (f). Pub. L. 106–513, §8(b), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 106–513, §8(b), (c), redesignated subsec. (f) as (g) and inserted "electronic files," after "books,". Former subsec. (g) redesignated (h).

Subsecs. (h) to (k). Pub. L. 106–513, §8(b), redesignated subsecs. (g) to (j) as (h) to (k), respectively.

Subsec. (l). Pub. L. 106–513, §8(c), added subsec. (l).

1996—Subsec. (e)(1)(A). Pub. L. 104–283 made technical amendment to reference in original act which appears in text as reference to section 9607(f)(1) of title 42.

1992—Subsec. (c)(1). Pub. L. 102–587, §2107(a)(1), substituted "$100,000" for "$50,000".

Subsec. (c)(3). Pub. L. 102–587, §2107(a)(2), struck out "and may be proceeded against in any district court of the United States having jurisdiction" after "assessed for such violation" and inserted at end "Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel."

Subsec. (d)(1). Pub. L. 102–587, §2107(b), inserted at end "The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section 1443 of this title. None of those proceeds shall be subject to set-off."

Subsec. (e)(1). Pub. L. 102–587, §2107(c), added par. (1) and struck out former par. (1) which read as follows: "In general.—Notwithstanding any other law, the Secretary may use amounts received under this section in the form of civil penalties, forfeitures of property, and costs imposed under paragraph (2) to pay—

"(A) the reasonable and necessary costs incurred by the Secretary in providing temporary storage, care, and maintenance of any sanctuary resource or other property seized under this section pending disposition of any civil proceeding relating to any alleged violation with respect to which such property or sanctuary resource was seized; and

"(B) a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this chapter or of any regulation or permit issued under this chapter."

Subsec. (j). Pub. L. 102–587, §2107(e), added subsec. (j).

1988—Pub. L. 100–627 amended section generally, substituting provisions consisting of subsecs. (a) to (i) relating to enforcement activities in general, powers of authorized officers, civil penalties, forfeiture, payment of storage, care, and other costs, subpoenas, use of resources of State and other Federal agencies, Coast Guard authority, and injunctive relief for former provisions consisting of subsecs. (a) to (c) relating to enforcement activities in general, civil penalties, and jurisdiction.

Statutory Notes and Related Subsidiaries

Transfer of Functions

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

Study of Joint Enforcement of Marine Sanctuary Regulations

Pub. L. 102–241, §51, Dec. 19, 1991, 105 Stat. 2227, directed Secretary of Transportation and Secretary of Commerce, not later than one year after Dec. 19, 1991, to submit to Congress a joint report describing methods by which Coast Guard enforcement efforts under the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.) could be enhanced and coordinated with those of the National Oceanic and Atmospheric Administration.

1 See References in Text note below.
16 U.S.C. § 2708 (2024) — Title 16: CONSERVATION / Chapter 47: SMALL HYDROELECTRIC POWER PROJECTS / Section 2708: Definitions
Definitions
Status: in_force

(a) For purposes of this chapter, the term—

(1) "small hydroelectric power project" means any hydroelectric power project which is located at the site of any existing dam, which uses the water power potential of such dam, and which has not more than 30,000 kilowatts of installed capacity;

(2) "electric cooperative" means any cooperative association eligible to receive loans under section 904 of title 7;

(3) "industrial development agency" means any agency which is permitted to issue obligations the interest on which is excludable from gross income under section 103 of title 26;

(4) "project costs" means the cost of acquisiiton 1 or construction of all facilities and services and the cost of acquisition of all land and interests in land used in the design and construction and operation of a small hydroelectric power project;

(5) "nonprofit organization" means any organization described in section 501(c)(3) or 501(c)(4) of title 26 and exempt from tax under section 501(a) of title 26 (but only with respect to a trade or business carried on by such organization which is not an unrelated trade or business, determined by applying section 513(a) of title 26 to such organization);

(6) "existing dam" means any dam, the construction of which was completed or on 2 before July 22, 2005, and which does not require any construction or enlargement of impoundment structures (other than repairs or reconstruction) in connection with the installation of any small hydroelectric power project;

(7) "municipality" has the meaning provided in section 796 of this title; and

(8) "person" has the meaning provided in section 796 of this title.

(b) The requirement in subsection (a)(1) that a project be located at the site of an existing dam in order to qualify as a small hydroelectric power project, and the other provisions of this chapter which require that a project be at or in connection with an existing dam (or utilize the potential of such dam) in order to be assisted under or included within such provisions, shall not be construed to exclude—

(1) from the definition contained in such subsection (a)(1), or

(2) from any other provision of this chapter,

any project which utilizes or proposes to utilize natural water features for the generation of electricity, without the need for any dam or impoundment, in a manner which (as determined by the Commission) will achieve the purposes of this chapter and will do so without any adverse effect upon such natural water features.

(Pub. L. 95–617, title IV, §408, Nov. 9, 1978, 92 Stat. 3156; Pub. L. 96–294, title IV, §408(a), (c), June 30, 1980, 94 Stat. 718; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 109–58, title II, §246, Aug. 8, 2005, 119 Stat. 679.)

Editorial Notes

References in Text

The Commission, referred to in subsec. (b), means the Federal Energy Regulatory Commission, see section 2602(3) of this title.

Amendments

2005—Subsec. (a)(6). Pub. L. 109–58 substituted "July 22, 2005" for "April 20, 1977".

1986—Subsec. (a)(3), (5). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.

1980—Subsec. (a). Pub. L. 96–294, §408(a), (c)(1), designated existing provisions as subsec. (a) and, as so designated, in par. (1) substituted "30,000" for "15,000".

Subsec. (b). Pub. L. 96–294, §408(c)(2), added subsec. (b).

1 So in original. Probably should be "acquisition".

2 So in original. Probably should be "on or".
16 U.S.C. § 3201 (2024) — Title 16: CONSERVATION / Chapter 51: ALASKA NATIONAL INTEREST LANDS CONSERVATION / Subchapter VI: ADMINISTRATIVE PROVISIONS / Section 3201: Administration of national preserves
Administration of national preserves
Status: in_force

A National Preserve in Alaska shall be administered and managed as a unit of the National Park System in the same manner as a national park except as otherwise provided in this Act and except that the taking of fish and wildlife for sport purposes and subsistence uses, and trapping shall be allowed in a national preserve under applicable State and Federal law and regulation. Consistent with the provisions of section 3126 of this title, within national preserves the Secretary may designate zones where and periods when no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having responsibility over hunting, fishing, and trapping activities.

(Pub. L. 96–487, title XIII, §1313, Dec. 2, 1980, 94 Stat. 2483.)

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.
16 U.S.C. § 470ff (2024) — Title 16: CONSERVATION / Chapter 1B: ARCHAEOLOGICAL RESOURCES PROTECTION / Section 470ff: Civil penalties
Civil penalties
Status: in_force

(a) Assessment by Federal land manager

(1) Any person who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a civil penalty by the Federal land manager concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.

(2) The amount of such penalty shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—

(A) the archaeological or commercial value of the archaeological resource involved, and

(B) the cost of restoration and repair of the resource and the archaeological site involved.

Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of such civil penalty may be double the amount which would have been assessed if such violation were the first violation by such person. The amount of any penalty assessed under this subsection for any violation shall not exceed an amount equal to double the cost of restoration and repair of resources and archaeological sites damaged and double the fair market value of resources destroyed or not recovered.

(3) No penalty shall be assessed under this section for the removal of arrowheads located on the surface of the ground.

(b) Judicial review of assessed penalties; collection of unpaid assessments

(1) Any person aggrieved by an order assessing a civil penalty under subsection (a) may file a petition for judicial review of such order with the United States District Court for the District of Columbia or for any other district in which such a person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. The court shall hear such action on the record made before the Federal land manager and shall sustain his action if it is supported by substantial evidence on the record considered as a whole.

(2) If any person fails to pay an assessment of a civil penalty—

(A) after the order making the assessment has become a final order and such person has not filed a petition for judicial review of the order in accordance with paragraph (1), or

(B) after a court in an action brought under paragraph (1) has entered a final judgment upholding the assessment of a civil penalty,

the Federal land managers may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In such action, the validity and amount of such penalty shall not be subject to review.

(c) Hearings

Hearings held during proceedings for the assessment of civil penalties authorized by subsection (a) shall be conducted in accordance with section 554 of title 5. The Federal land manager may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Federal land manager or to appear and produce documents before the Federal land manager, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(Pub. L. 96–95, §7, Oct. 31, 1979, 93 Stat. 725.)
16 U.S.C. § 197 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXI: ROCKY MOUNTAIN NATIONAL PARK / Section 197: Applicability of other laws
Applicability of other laws
Status: in_force

The provisions of the Act of January 26, 1915, entitled "An Act to establish the Rocky Mountain National Park in the State of Colorado, and for other purposes," and Act of August 25, 1916, entitled "An Act to establish a national–park service, and for other purposes," 1 and all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands hereby added to the park: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to or extend over such lands.

(June 9, 1926, ch. 515, §3, 44 Stat. 714.)

Editorial Notes

References in Text

The Act of January 26, 1915, entitled "An Act to establish the Rocky Mountain National Park in the State of Colorado, and for other purposes,", referred to in text, is act Jan. 26, 1915, ch. 19, 38 Stat. 798, which enacted sections 191 and 193 to 195a of this title. For complete classification of this Act to the Code, see Tables.

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

Hereby, referred to in text, means by act June 9, 1926, which is classified to sections 192a, 196, and 197 of this title.

The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'an Act to create a Federal power commission; to provide for the improvement of navigation, the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes' ", and was redesignated the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, and is classified generally to chapter 12 (§791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

1 See References in Text note below.
16 U.S.C. § 1302 (2024) — Title 16: CONSERVATION / Chapter 29: WATER BANK PROGRAM FOR WETLANDS PRESERVATION / Section 1302: Conservation agreements to effectuate water bank program; duration and renewal; adjustment of payment rate for renewal period; "wetlands" defined; duration of ownership or control of land as determining eligibility for agreements; protection of and compensation for tenants and sharecroppers; participation by owner or operator in other Federal or State programs
Conservation agreements to effectuate water bank program; duration and renewal; adjustment of payment rate for renewal period; "wetlands" defined; duration of ownership or control of land as determining eligibility for agreements; protection of and compensation for tenants and sharecroppers; participation by owner or operator in other Federal or State programs
Status: in_force

In effectuating the water bank program authorized by this chapter, the Secretary shall have authority to enter into agreements with landowners and operators in important migratory waterfowl nesting and breeding areas for the conservation of water on specified farm, ranch, or other wetlands identified in a conservation plan developed in cooperation with the Soil and Water Conservation District in which the lands are located, under such rules and regulations as the Secretary may prescribe. These agreements shall be entered into for a period of ten years, with provision for renewal for additional periods of ten years each. The Secretary shall, beginning in 1980, reexamine the payment rates at the beginning of the fifth year of any such ten-year initial or renewal period and before the beginning of any renewal period, in the light of the then current land and crop values, and make needed adjustments in rates for any such initial or renewal period as provided in section 1304 of this title. In addition, the Secretary shall, beginning in 1980, reexamine the payment rates in any agreement that has been in effect for five years or more in the light of current land and crop values and make any needed adjustments in rates. As used in this chapter, the term "wetlands" means (1) the inland fresh areas described as types 1 through 7 in Circular 39, Wetlands of the United States, published by the United States Department of the Interior (or the inland fresh areas corresponding to such types in any successor wetland classification system developed by the Department of the Interior), (2) artificially developed inland fresh areas that meet the description of the inland fresh areas described in clause (1) of this sentence, and (3) such other wetland types as the Secretary may designate. No agreement shall be entered into under this chapter concerning land with respect to which the ownership or control has changed in the two-year period preceding the first year of the agreement period unless the new ownership was acquired by will or succession as a result of the death of the previous owner, or unless the new ownership was acquired prior to July 1, 1971, under other circumstances which the Secretary determines, and specifies by regulation, will give adequate assurance that such land was not acquired for the purpose of placing it in the program, except that this sentence shall not be construed to prohibit the continuation of an agreement by a new owner or operator after an agreement has once been entered into under this chapter. A person who has operated the land to be covered by an agreement under this chapter for as long as two years preceding the date of the agreement and who controls the land for the agreement period shall not be required to own the land as a condition of eligibility for entering into the agreement. Nothing in this section shall prevent an owner or operator from placing land in the program if the land was acquired by the owner or operator to replace eligible land from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain. The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments or compensation under this program. No provision of this chapter shall prevent an owner or operator who is participating in the program under this chapter from participating in other Federal or State programs designed to conserve or protect wetlands.

(Pub. L. 91–559, §3, Dec. 19, 1970, 84 Stat. 1469; Pub. L. 96–182, §§1, 2, Jan. 2, 1980, 93 Stat. 1317.)

Editorial Notes

Amendments

1980—Pub. L. 96–182, in provisions relating to the reexamination of payment rates, substituted provisions requiring the Secretary to make such reexamination, beginning in 1980, at the beginning of the fifth year of any ten-year initial or renewal period and before the beginning of any renewal period, and make adjustments in accordance with section 1304 of this title, and in agreements in effect for five years or more, requiring the Secretary to make adjustments in the light of current land and crop values for provisions requiring reexamination and adjustment at the beginning of the ten-year renewal period only, and, in definition of "wetlands", designated existing provisions as cl. (1) and, among other changes, substituted types 1–7 for types 1–5, and added cls. (2) and (3).
16 U.S.C. § 1053 (2024) — Title 16: CONSERVATION / Chapter 20: NATIONAL FISHERIES CENTER AND AQUARIUM / Section 1053: Delegation of responsibility for operation
Delegation of responsibility for operation
Status: in_force

The Secretary shall assign the responsibility for the operation of the National Fisheries Center and Aquarium and related activities to that branch of the United States Fish and Wildlife Service having as its major activity the rearing and holding of living fishes, including the operation of aquariums.

(Pub. L. 87–758, §3, Oct. 9, 1962, 76 Stat. 753; Pub. L. 93–271, §1(3), Apr. 22, 1974, 88 Stat. 92.)

Statutory Notes and Related Subsidiaries

Change of Name

"United States Fish and Wildlife Service" substituted in text for "Bureau of Sport Fisheries and Wildlife" on authority of Pub. L. 93–271, §1(3), which is classified to section 742b(c) of this title.
16 U.S.C. § 516 (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 516: Exchange of lands in the public interest; equal value; cutting and removing timber; publication of contemplated exchange
Exchange of lands in the public interest; equal value; cutting and removing timber; publication of contemplated exchange
Status: in_force

When the public interests will be benefited thereby, the Secretary of Agriculture is hereby authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests which, in his opinion, are chiefly valuable for the purposes of this Act, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such national forests in the same State, the values in each case to be determined by him: Provided, That before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to such national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands so accepted by the Secretary of Agriculture shall, upon acceptance, become parts of the national forests within whose exterior boundaries they are located, and be subjected to all provisions of this Act.

(Mar. 1, 1911, ch. 186, §7, 36 Stat. 962; Mar. 3, 1925, ch. 473, 43 Stat. 1215; Pub. L. 94–588, §17(a)(4), Oct. 22, 1976, 90 Stat. 2961.)

Editorial Notes

References in Text

This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515, 517 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

Amendments

1976—Pub. L. 94–588 substituted "When the public interests will be benefited thereby, the Secretary of Agriculture is hereby authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests which, in his opinion, are chiefly valuable for the purposes of this Act, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such national forests in the same State, the values in each case to be determined by him: Provided, That before" for "The Secretary of Agriculture is authorized to purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or prices fixed by said commission. No deed or other instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under this section until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navigability of navigable streams. With the approval of the National Forest Reservation Commission as provided by this section and section 515 of this title, and when the public interests will be benefited thereby, the Secretary of Agriculture is authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests acquired under said sections which, in his opinion, are chiefly valuable for the purposes as therein stated, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such national forests in the same State, the values in each case to be determined by him. Before".

1925—Act Mar. 3, 1925, inserted provisions covering the exchange of lands.
16 U.S.C. § 668 (2024) — Title 16: CONSERVATION / Chapter 5A: PROTECTION AND CONSERVATION OF WILDLIFE / Subchapter II: PROTECTION OF BALD AND GOLDEN EAGLES / Section 668: Bald and golden eagles
Bald and golden eagles
Status: in_force

(a) Prohibited acts; criminal penalties

Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his act take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner any bald eagle commonly known as the American eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That in the case of a second or subsequent conviction for a violation of this section committed after October 23, 1972, such person shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking or other act prohibited by this section with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to the person or persons giving information which leads to conviction: Provided further, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle.

(b) Civil penalties

Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In determining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action, the court must sustain the Secretary's action if supported by substantial evidence.

(c) Cancellation of grazing agreements

The head of any Federal agency who has issued a lease, license, permit, or other agreement authorizing the grazing of domestic livestock on Federal lands to any person who is convicted of a violation of this subchapter or of any permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or other agreement. The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to this section.

(June 8, 1940, ch. 278, §1, 54 Stat. 250; Pub. L. 86–70, §14, June 25, 1959, 73 Stat. 143; Pub. L. 87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535, §1, Oct. 23, 1972, 86 Stat. 1064.)

Editorial Notes

References in Text

Prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle, referred to in subsec. (a), means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87–884 as an amendment of this section and section 668a of this title.

Amendments

1972—Pub. L. 92–535 designated existing provisions as subsec. (a), substituted "shall knowingly, or with wanton disregard for the consequences of his act take" for "shall take", increased fine and imprisonment terms from $500 or six months to $5,000 or one year, and inserted provisions that a second conviction carry a penalty of $10,000 fine or imprisonment of not more than two years, that each taking constitute a separate offense, and that informers be rewarded one-half of the fine not exceeding $2,500, and added subsecs. (b) and (c).

1962—Pub. L. 87–884 extended prohibitions against the enumerated acts to the golden eagle and changed proviso by substituting "bald eagle", "June 8, 1940" and "and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle" for "such eagle," "the effective date of said sections" and "but the proof of such taking shall lie upon the accused in any prosecution under said sections", respectively.

1959—Pub. L. 86–70 struck out "except the Territory of Alaska," after "subject to the jurisdiction thereof,".

Statutory Notes and Related Subsidiaries

Short Title

Act June 8, 1940, ch. 278, 54 Stat. 250, which is classified to this subchapter, is popularly known as the "Bald and Golden Eagle Protection Act" and also as the "Bald Eagle Protection Act".

Legislative Intent

Enacting clause of act June 8, 1940, provided:

"Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and

"Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and

"Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and

"Whereas the bald eagle is now threatened with extinction: Therefore

"Be it enacted * * *", etc.

Executive Documents

Transfer of Functions

Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
16 U.S.C. § 482a (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 482a: Mining rights in Prescott National Forest
Mining rights in Prescott National Forest
Status: in_force

On and after January 19, 1933, mining locations made under the United States mining laws upon lands within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, specifically described as the west half southwest quarter section 13; south half section 14; southeast quarter, and east half southwest quarter section 15; east half, and south half southwest quarter section 22; all of section 23; west half section 24; all of sections 26 and 27; north half north half section 34; and north half north half section 35, township 13 north, range 2 west, Gila and Salt River Base and meridian, an area of three thousand six hundred acres, more or less, shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use or occupancy: Provided, however, That the cutting and removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting shall be allowed except under the national forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

On and after January 19, 1933, all patents issued under the United States mining laws affecting lands within the municipal watershed of the city of Prescott, within the Prescott National Forest, in the State of Arizona, shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture.

Valid mining claims within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, existing on January 19, 1933, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Arizona, may be perfected under this section, or under the laws under which they were initiated, as the claimant may desire.

(Jan. 19, 1933, ch. 12, §§1–3, 47 Stat. 771.)
16 U.S.C. § 1009 (2024) — Title 16: CONSERVATION / Chapter 18: WATERSHED PROTECTION AND FLOOD PREVENTION / Section 1009: Joint investigations and surveys by Secretary of the Army and Secretary of Agriculture; reports to Congress
Joint investigations and surveys by Secretary of the Army and Secretary of Agriculture; reports to Congress
Status: in_force

The Secretary of the Army and the Secretary of Agriculture, when authorized to do so by resolutions adopted by the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives, are authorized and directed to make joint investigations and surveys in accordance with their existing authorities of watershed areas in the United States, Puerto Rico, and the Virgin Islands, and to prepare joint reports on such investigations and surveys setting forth their recommendations for the installation of the works of improvement needed for flood prevention or the conservation, development, utilization, and disposal of water, and for flood control and allied purposes. Such joint reports shall be submitted to the Congress through the President for adoption and authorization by the Congress of the recommended works of improvement: Provided, That the project authorization procedure established by Public Law 566, Eighty-third Congress, as amended [16 U.S.C. 1001 et seq.], shall not be affected.

(Pub. L. 87–639, §1, Sept. 5, 1962, 76 Stat. 438; Pub. L. 103–437, §6(w), Nov. 2, 1994, 108 Stat. 4587.)

Editorial Notes

References in Text

Public Law 566, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Watershed Protection and Flood Prevention Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

Codification

Section was not enacted as part of the Watershed Protection and Flood Prevention Act which comprises this chapter.

Amendments

1994—Pub. L. 103–437 substituted "Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House" for "Committee on Public Works of the Senate or the Committee on Public Works of the House".

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

Authorization of Appropriations

Pub. L. 87–639, §2, Sept. 5, 1962, 76 Stat. 438, provided that: "There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act [this section], such sums to remain available until expended."
16 U.S.C. § 160g (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XIX: VOYAGEURS NATIONAL PARK / Section 160g: Designation by Secretary of recreational fishing zones; consultation with appropriate State agency; continuation of seining of fish to secure eggs for propagation
Designation by Secretary of recreational fishing zones; consultation with appropriate State agency; continuation of seining of fish to secure eggs for propagation
Status: in_force

(a) The Secretary shall permit recreational fishing on lands and waters under his jurisdiction within the boundaries of the park in accordance with applicable laws of the United States and of the State of Minnesota, except that the Secretary may designate zones where and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate agency of the State of Minnesota.

(b) The seining of fish at Shoepac Lake by the State of Minnesota to secure eggs for propagation purposes shall be continued in accordance with plans mutually acceptable to the State and the Secretary.

(Pub. L. 91–661, §302, Jan. 8, 1971, 84 Stat. 1972.)
16 U.S.C. § 1509 (2024) — Title 16: CONSERVATION / Chapter 34: RURAL ENVIRONMENTAL CONSERVATION PROGRAM / Section 1509: Repealed. Pub. L. 95-313, §16(a)(7), formerly §13(a)(7), July 1, 1978, 92 Stat. 374; renumbered §16(a)(7), Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525
Repealed. Pub. L. 95-313, §16(a)(7), formerly §13(a)(7), July 1, 1978, 92 Stat. 374; renumbered §16(a)(7), Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525
Status: repealed

Section, Pub. L. 91–524, title X, §1009, as added Pub. L. 93–86, §1(28), Aug. 10, 1973, 87 Stat. 245, set forth provisions relating to establishment, funding requirements, etc., for the forestry incentives program.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Section repealed 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. § 2633 (2024) — Title 16: CONSERVATION / Chapter 46: PUBLIC UTILITY REGULATORY POLICIES / Subchapter III: INTERVENTION AND JUDICIAL REVIEW / Section 2633: Judicial review and enforcement
Judicial review and enforcement
Status: in_force

(a) Limitation of Federal jurisdiction

Notwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of subchapter I or II or of this subchapter except for—

(1) an action over which a court of the United States has jurisdiction under subsection (b) or (c)(2); and

(2) review of any action in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28.

(b) Enforcement of intervention right

(1) The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene and participate under section 2631(a) of this title, and such court shall have jurisdiction to grant appropriate relief.

(2) If any electric utility or electric consumer having a right to intervene under section 2631(a) of this title is denied such right by any State court, such electric utility or electric consumer may bring an action in the appropriate United States district court to require the State regulatory authority or nonregulated electric utility to permit such intervention and participation, and such court shall have jurisdiction to grant appropriate relief.

(3) Nothing in this subsection prohibits any person bringing any action under this subsection in a court of the United States from seeking review and enforcement at any time in any State court of any rights he may have with respect to any motion to intervene or participate in any proceeding.

(c) Review and enforcement

(1) Any person (including the Secretary) may obtain review of any determination made under subchapter I or II or under this subchapter with respect to any electric utility (other than a utility which is a Federal agency) in the appropriate State court if such person (or the Secretary) intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. Any person (including the Secretary) may bring an action to enforce the requirements of this chapter in the appropriate State court, except that no such action may be brought in a State court with respect to a utility which is a Federal agency. Such review or action in a State court shall be pursuant to any applicable State procedures.

(2) Any person (including the Secretary) may obtain review in the appropriate court of the United States of any determination made under subchapter I or II or this subchapter by a Federal agency if such person (or the Secretary) intervened or otherwise participated in the original proceeding or if otherwise applicable law permits such review. Such court shall have jurisdiction to grant appropriate relief. Any person (including the Secretary) may bring an action to enforce the requirements of subchapter I or II or this subchapter with respect to any Federal agency in the appropriate court of the United States and such court shall have jurisdiction to grant appropriate relief.

(3) In addition to his authority to obtain review under paragraph (1) or (2), the Secretary may also participate as an amicus curiae in any review by any court of an action arising under the provisions of subchapter I or II or this subchapter.

(d) Other authority of Secretary

Nothing in this section prohibits the Secretary from—

(1) intervening and participating in any proceeding, or

(2) intervening and participating in any review by any court of any action

under section 6804 of title 42.

(Pub. L. 95–617, title I, §123, Nov. 9, 1978, 92 Stat. 3130.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(1), was in the original "this title", meaning title I (§101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 1167 (2024) — Title 16: CONSERVATION / Chapter 24: CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS / Subchapter II: ADMINISTRATION OF PRIBILOF ISLANDS / Section 1167: Leases, permits, agreements, and contracts with public or private agencies or persons
Leases, permits, agreements, and contracts with public or private agencies or persons
Status: in_force

The Secretary is authorized to enter into agreements or contracts or leases with, or to issue permits to, any public or private agency or person for carrying out the provisions of the Convention or this chapter.

(Pub. L. 89–702, title II, §207, Nov. 2, 1966, 80 Stat. 1095; Pub. L. 98–129, §2, Oct. 14, 1983, 97 Stat. 842.)

Editorial Notes

Amendments

1983—Pub. L. 98–129 amended section generally, substituting provisions authorizing the Secretary to enter into agreements or contracts or leases with, or to issue permits to, any public or private agency or person for carrying out the provisions of the Convention or this chapter for provisions which had set a fine of not more than $500 or imprisonment for not more than six months, or both, for violating regulations of the Secretary relating to the use and management of the Pribilof Islands or the protection or conservation of fur seals, wildlife, or other natural resources.
16 U.S.C. § 577h (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 577h: Authorization of appropriations; limitation on amount for purchase of additional lands, water or interests therein; availability of other funds; annual report to Congress
Authorization of appropriations; limitation on amount for purchase of additional lands, water or interests therein; availability of other funds; annual report to Congress
Status: in_force

(a) Appropriations authorized; purposes

There are authorized to be appropriated annually such sums as are necessary to implement sections 577c, 577d, and 577e to 577h of this title: Provided, That the total appropriations under the authority of said sections shall not exceed $9,000,000 for the purchase and condemnation of lands, water, or interests therein, and that funds made available through the provisions of chapter 2003 of title 54, may also be used for such acquisitions: Provided further, That such appropriations may be used for the payment of court judgments in condemnation actions brought under authority of sections 577c, 577d, and 577e to 577h of this title without regard to the date such actions were initially instituted.

(b) Reports on acquisitions

Not later than March 1 of each year 1977 through 1980, the Secretary of Agriculture shall submit to the Congress a report concerning the acquisition of lands or interests in lands under sections 577c, 577d, and 577e to 577h of this title. The final report of the Secretary shall specify whether additional authorizations or appropriations are necessary to carry out the purposes of said sections.

(June 22, 1948, ch. 593, §6, 62 Stat. 570; June 22, 1956, ch. 425, §3, 70 Stat. 328; Pub. L. 87–351, Oct. 4, 1961, 75 Stat. 772; Pub. L. 94–384, Aug. 13, 1976, 90 Stat. 1123; Pub. L. 113–287, §5(d)(19), Dec. 19, 2014, 128 Stat. 3266.)

Editorial Notes

Amendments

2014—Subsec. (a). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act (78 Stat. 897), as amended".

1976—Pub. L. 94–384 designated existing provisions as subsec. (a), substituted "implement" for "carry out the provisions of", "$9,000,000" for "$4,500,000", and "lands, water, or interests therein" for "land", struck out "however" after "Provided", inserted provision relating to the availability of funds under the Land and Water Conservation Fund Act and provision relating to the availability of appropriations for payment of court judgments in condemnation actions regardless of the date of institution of such action, and added subsec. (b).

1961—Pub. L. 87–351 increased appropriation for purchase and condemnation of land from $2,500,000 to $4,500,000.

1956—Act June 22, 1956, increased appropriation for purchase and condemnation of land from $500,000 to $2,500,000.

Statutory Notes and Related Subsidiaries

Availability of Appropriations

Pub. L. 87–351 provided in part that: "Funds appropriated to carry out the purposes of the Act [sections 577c, 577d and 577e to 577h of this title] shall remain available until expended."
16 U.S.C. § 410ppp (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LIX: KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK / Section 410ppp: Blackstone River Valley National Historical Park
Blackstone River Valley National Historical Park
Status: in_force

(a) Purpose

The purpose of this section is to establish the Blackstone River Valley National Historical Park—

(1) to help preserve, protect, and interpret the nationally significant resources that exemplify the industrial heritage of the Blackstone River Valley for the benefit and inspiration of future generations;

(2) to support the preservation, protection, and interpretation of the urban, rural, and agricultural landscape features (including the Blackstone River and Canal) of the region that provide an overarching context for the industrial heritage of the Blackstone River Valley;

(3) to educate the public about—

(A) the nationally significant sites and districts that convey the industrial history of the Blackstone River Valley; and

(B) the significance of the Blackstone River Valley to the past and present of the United States; and

(4) to support and enhance the network of partners in the protection, improvement, management, and operation of related resources and facilities throughout the John H. Chafee Blackstone River Valley National Heritage Corridor.

(b) Definitions

In this section:

(1) National Heritage Corridor

The term "National Heritage Corridor" means the John H. Chafee Blackstone River Valley National Heritage Corridor.

(2) Park

The term "Park" means the Blackstone River Valley National Historical Park established by subsection (c)(1).

(3) Secretary

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

(4) States

The term "States" means—

(A) the State of Massachusetts; and

(B) the State of Rhode Island.

(c) Blackstone River Valley National Historical Park

(1) Establishment

There is established in the States a unit of the National Park System, to be known as the "Blackstone River Valley National Historical Park".

(2) Historic sites and districts

The Park shall include—

(A) Blackstone River State Park; and

(B) the following resources, as described in Management Option 3 of the study entitled "Blackstone River Valley Special Resource Study—Study Report 2011":

(i) Old Slater Mill National Historic Landmark District.

(ii) Slatersville Historic District.

(iii) Ashton Historic District.

(iv) Whitinsville Historic District.

(v) Hopedale Village Historic District.

(vi) Blackstone River and the tributaries of Blackstone River.

(vii) Blackstone Canal.

(3) Acquisition of land; park boundary

(A) Land acquisition

(i) In general

The Secretary may acquire land or interests in land that are considered contributing historic resources in the historic sites and districts described in paragraph (2)(B) for inclusion in the Park boundary by donation, purchase from a willing seller with donated or appropriated funds, or exchange.

(ii) No condemnation

No land or interest in land may be acquired for the Park by condemnation.

(B) Park boundary

On a determination by the Secretary that a sufficient quantity of land or interests in land has been acquired to constitute a manageable park unit, the Secretary shall establish a boundary for the Park by publishing a boundary map in the Federal Register.

(C) Other resources

The Secretary may include in the Park boundary any resources that are the subject of an agreement with the States or a subdivision of the States entered into under paragraph (4)(D).

(D) Boundary adjustment

On the acquisition of additional land or interests in land under subparagraph (A), or on entering an agreement under subparagraph (C), the boundary of the Park shall be adjusted to reflect the acquisition or agreement by publishing a Park boundary map in the Federal Register.

(E) Availability of map

The maps referred to in this paragraph shall be available for public inspection in the appropriate offices of the National Park Service.

(F) Administrative facilities

The Secretary may acquire not more than 10 acres in Woonsocket, Rhode Island 1 for the development of administrative, curatorial, maintenance, or visitor facilities for the Park.

(G) Limitation

Land owned by the States or a political subdivision of the States may be acquired under this paragraph only by donation.

(4) Administration

(A) In general

The Secretary shall administer land within the boundary of the Park in accordance with—

(i) this subsection; and

(ii) the laws generally applicable to units of the National Park System, including—

(I) the National Park Service Organic Act (16 U.S.C. 1 et seq.); 2 and

(II) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).2

(B) General management plan

(i) In general

Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary shall prepare a general management plan for the Park—

(I) in consultation with the States and other interested parties; and

(II) in accordance with section 100502 of title 54.

(ii) Requirements

The plan shall consider ways to use preexisting or planned visitor facilities and recreational opportunities developed in the National Heritage Corridor, including—

(I) the Blackstone Valley Visitor Center, Pawtucket, Rhode Island;

(II) the Captain Wilbur Kelly House, Blackstone River State Park, Lincoln, Rhode Island;

(III) the Museum of Work and Culture, Woonsocket, Rhode Island;

(IV) the River Bend Farm/Blackstone River and Canal Heritage State Park, Uxbridge, Massachusetts;

(V) the Worcester Blackstone Visitor Center, located at the former Washburn & Moen wire mill facility, Worcester, Massachusetts;

(VI) the Route 295 Visitor Center adjacent to Blackstone River State Park; and

(VII) the Blackstone River Bikeway.

(C) Related sites

The Secretary may provide technical assistance, visitor services, interpretive tours, and educational programs to sites and resources in the National Heritage Corridor that are located outside the boundary of the Park and associated with the purposes for which the Park is established.

(D) Cooperative agreements

(i) In general

To further the purposes of this subsection and notwithstanding chapter 63 of title 31, the Secretary may enter into cooperative agreements with the States, political subdivisions of the States, nonprofit organizations (including the local coordinating entity for the National Heritage Corridor), and other interested parties—

(I) to provide technical assistance, interpretation, and educational programs in the historic sites and districts described in paragraph (2)(B); and

(II) subject to the availability of appropriations and clauses (ii) and (iii), to provide not more than 50 percent of the cost of any natural, historic, or cultural resource protection project in the Park that is consistent with the general management plan prepared under subparagraph (B).

(ii) Matching requirement

As a condition of the receipt of funds under clause (i)(II), the Secretary shall require that any Federal funds made available under a cooperative agreement entered into under this paragraph are to be matched on a 1-to-1 basis by non-Federal funds.

(iii) Reimbursement

Any payment made by the Secretary under clause (i)(ii) 3 shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this subsection, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of—

(I) the amount provided by the Secretary to the project under clause (i)(II); or

(II) an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal.

(iv) Public access

Any cooperative agreement entered into under this subparagraph shall provide for reasonable public access to the resources covered by the cooperative agreement.

(5) Dedication; memorial

(A) In general

Congress dedicates the Park to John H. Chafee, the former United States Senator from Rhode Island, in recognition of—

(i) the role of John H. Chafee in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears the name of John H. Chafee; and

(ii) the decades of the service of John H. Chafee to the people of Rhode Island and the United States.

(B) Memorial

The Secretary shall display a memorial at an appropriate location in the Park that recognizes the role of John H. Chafee in preserving the resources of the Blackstone River Valley for the people of the United States.

(Pub. L. 113–291, div. B, title XXX, §3031, Dec. 19, 2014, 128 Stat. 3767.)

Editorial Notes

References in Text

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

The Act of August 21, 1935 (16 U.S.C. 461 et seq.), referred to in subsec. (c)(4)(A)(ii)(II), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Codification

In subsec. (c)(4)(B)(i)(II), "section 100502 of title 54" substituted for "section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a–7(b))" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

1 So in original. Probably should be followed by a comma.

2 See References in Text note below.

3 So in original. Probably should be "(i)(II)".
16 U.S.C. § 8205 (2024) — Title 16: CONSERVATION / Chapter 101: NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS / Section 8205: Fish habitat conservation projects
Fish habitat conservation projects
Status: in_force

(a) Submission to Board

Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish habitat conservation projects recommended by the Partnership for annual funding under this chapter.

(b) Recommendations by Board

Not later than July 1 of each year, the Board shall submit to the Secretary a priority list of fish habitat conservation projects that includes a description, including estimated costs, of each project that the Board recommends that the Secretary approve and fund under this chapter.

(c) Criteria for project selection

The Board shall select each fish habitat conservation project recommended to the Secretary under subsection (b) after taking into consideration, at a minimum, the following information:

(1) A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project.

(2) The capabilities and experience of project proponents to implement successfully the proposed project.

(3) The extent to which the fish habitat conservation project—

(A) fulfills a local or regional priority that is directly linked to the strategic plan of the Partnership and is consistent with the purpose of this chapter;

(B) addresses the national priorities established by the Board;

(C) is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans;

(D) identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures;

(E) provides a well-defined budget linked to deliverables and outcomes;

(F) leverages other funds to implement the project;

(G) addresses the causes and processes behind the decline of fish or fish habitats; and

(H) includes an outreach or education component that includes the local or regional community.

(4) The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e).

(5) The extent to which the fish habitat conservation project—

(A) will increase fish populations in a manner that leads to recreational fishing opportunities for the public;

(B) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities;

(C) increases public access to land or water for fish and wildlife-dependent recreational opportunities;

(D) advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need;

(E) where appropriate, advances the conservation of fish and fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and other relevant Federal law and State wildlife action plans; and

(F) promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt.

(6) The substantiality of the character and design of the fish habitat conservation project.

(d) Limitations

(1) Requirements for evaluation

No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this chapter unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance—

(A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;

(B) to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met;

(C) to identify improvements to existing fish populations, recreational fishing opportunities, and the overall economic benefits for the local community of the fish habitat conservation project; and

(D) to require the submission to the Board of a report describing the findings of the assessment.

(2) Acquisition authorities

(A) In general

A State, local government, or other non-Federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this chapter if the acquisition ensures—

(i) public access for fish and wildlife-dependent recreation; or

(ii) a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the Board.

(B) State agency approval

(i) In general

All real property interest acquisition projects funded under this chapter must be approved by the State agency in the State in which the project is occurring.

(ii) Prohibition

The Board may not recommend, and the Secretary may not provide any funding for, any real property interest acquisition that has not been approved by the State agency.

(C) Assessment of other authorities

The Board may not recommend, and the Secretary may not provide any funding under this chapter for, any real property interest acquisition unless the Partnership that recommended the project has conducted a project assessment, submitted with the funding request and approved by the Board, to demonstrate all other Federal, State, and local authorities for the acquisition of real property have been exhausted.

(D) Restrictions

A real property interest may not be acquired pursuant to a fish habitat conservation project by a State, local government, or other non-Federal entity conducted with funds provided under this chapter, unless—

(i) the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property; and

(ii) the Secretary and the Board determine that the State, local government, or other non-Federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a Partnership.

(e) Non-Federal contributions

(1) In general

The non-Federal share of the total cost of all fish habitat conservation projects carried out by a Partnership each year shall be at least 50 percent.

(2) Non-Federal share

The non-Federal share described in paragraph (1)—

(A) may not be derived from another Federal grant program; and

(B) may include in-kind contributions and cash.

(3) Special rule for Indian Tribes

Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian Tribe pursuant to this chapter may be considered to be non-Federal funds for the purpose of paragraph (1).

(4) Waiver authority

The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.

(f) Approval

(1) In general

Not later than 90 days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection (b), and subject to subsection (d) and based, to the maximum extent practicable, on the criteria described in subsection (c), the Secretary, after consulting with the Secretary of Commerce on marine or estuarine projects, shall approve or reject any fish habitat conservation project recommended by the Board.

(2) Funding

If the Secretary approves a fish habitat conservation project under paragraph (1), the Secretary shall use amounts made available to carry out this chapter to provide funds to carry out the fish habitat conservation project.

(3) Notification

If the Secretary rejects under paragraph (1) any fish habitat conservation project recommended by the Board, not later than 90 days after the date of receipt of the recommendation, the Secretary shall provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the reasons that the Secretary rejected the fish habitat conservation project.

(Pub. L. 116–188, title II, §205, Oct. 30, 2020, 134 Stat. 931; Pub. L. 118–198, title II, §203, Dec. 23, 2024, 138 Stat. 2682.)

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c)(5)(E), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2024—Subsec. (b). Pub. L. 118–198, §203(1), struck out "for the following fiscal year" before period at end.

Subsec. (e)(1). Pub. L. 118–198, §203(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "Except as provided in paragraphs (2) and (4), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this chapter unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds."

Subsec. (e)(2). Pub. L. 118–198, §203(2)(B), substituted "The non-Federal share described in paragraph (1)" for "Such non-Federal share of the cost of a fish habitat conservation project" in introductory provisions.
16 U.S.C. § 563 (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 563: Cooperation with States for fire protection on private or State forest lands upon the watersheds of navigable rivers
Cooperation with States for fire protection on private or State forest lands upon the watersheds of navigable rivers
Status: in_force

The Secretary of Agriculture is authorized, and on such conditions as he deems wise, to stipulate and agree with any State or group of States to cooperate in the organization and maintenance of a system of fire protection on any private or State forest lands within such State or States and situated upon the watershed of a navigable river. No such stipulation or agreement shall be made with any State which has not provided by law for a system of forest-fire protection. In no case shall the amount expended in any State exceed in any fiscal year the amount appropriated by that State for the same purpose during the same fiscal year.

(Mar. 1, 1911, ch. 186, §2, 36 Stat. 961.)

Statutory Notes and Related Subsidiaries

Fiscal Year Transition Period of July 1, 1976, Through September 30, 1976, Deemed Fiscal Year for Purposes of Matching Requirements

Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of this section relating to matching requirements, see section 202(1) of Pub. L. 94–274, Apr. 21, 1976, 90 Stat. 390, set out as a note under section 2652 of Title 7, Agriculture.
16 U.S.C. § 271b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXIX: CANYONLANDS NATIONAL PARK / Section 271b: Grazing privileges; right of occupancy or use for fixed term of years; renewal
Grazing privileges; right of occupancy or use for fixed term of years; renewal
Status: in_force

Where any Federal lands included within the Canyonlands National Park are legally occupied or utilized on the date of approval of this Act or any amendment thereto for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter.

(Pub. L. 88–590, §3, Sept. 12, 1964, 78 Stat. 938; Pub. L. 92–154, §1(c), Nov. 12, 1971, 85 Stat. 421.)

Editorial Notes

References in Text

Date of approval of this Act or any amendment thereto, referred to in text, means Sept. 12, 1964, date of enactment of Pub. L. 88–590, originally classified to sections 271 to 271d of this title, and Nov. 12, 1971, date of approval of Pub. L. 92–154, amendatory of Pub. L. 88–590 and classified to sections 271 to 271b, 271e to 271g of this title.

Amendments

1971—Pub. L. 92–154 inserted "or any amendment thereto" after "date of approval of this Act".
16 U.S.C. § 505b (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 505b: Laws applicable
Laws applicable
Status: in_force

Any National Forest System lands which are transferred to a military department in accordance with this section and section 505a of this title shall be thereafter subject only to the laws applicable to other lands within the military installation or other public works project for which such lands are required and any lands which are transferred to the Department of Agriculture in accordance with this section and section 505a of this title shall become subject to the laws applicable to lands acquired under the Act of March 1, 1911 (36 Stat. 961), as amended. Lands interchanged under the authority of this section and section 505a of this title shall be deemed to include interests in lands.

(July 26, 1956, ch. 736, §2, 70 Stat. 657; Pub. L. 100–409, §7(a), (c), Aug. 20, 1988, 102 Stat. 1091.)

Editorial Notes

References in Text

Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

Amendments

1988—Pub. L. 100–409 substituted "National Forest System lands" for "national forest lands" and inserted provision that lands interchanged under authority of this section and section 505a of this title be deemed to include interests in lands.
16 U.S.C. § 1135 (2024) — Title 16: CONSERVATION / Chapter 23: NATIONAL WILDERNESS PRESERVATION SYSTEM / Section 1135: Gifts, bequests, and contributions
Gifts, bequests, and contributions
Status: in_force

(a) Acceptance by Secretary of Agriculture of land for preservation as wilderness; regulations

The Secretary of Agriculture may accept gifts or bequests of land within wilderness areas designated by this chapter for preservation as wilderness. The Secretary of Agriculture may also accept gifts or bequests of land adjacent to wilderness areas designated by this chapter for preservation as wilderness if he has given sixty days advance notice thereof to the President of the Senate and the Speaker of the House of Representatives. Land accepted by the Secretary of Agriculture under this section shall be come part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this chapter, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest.

(b) Authorization to accept private contributions and gifts

The Secretary of Agriculture or the Secretary of the Interior is authorized to accept private contributions and gifts to be used to further the purposes of this chapter.

(Pub. L. 88–577, §6, Sept. 3, 1964, 78 Stat. 896.)
16 U.S.C. § 482p (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 482p: Patents affecting lands within forest
Patents affecting lands within forest
Status: in_force

On and after July 12, 1951, all patents issued under the United States mining laws affecting lands within the above-described area shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing and beneficiation of the mineral deposits, if the timber is cut under sound principles of forest management as defined by such rules and regulations, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture or the Department of the Interior, respectively.

(July 12, 1951, ch. 222, §2, 65 Stat. 118.)
16 U.S.C. § 450ss (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 450ss: Findings and purposes
Findings and purposes
Status: in_force

Congress finds that—

(1) few events in the past quarter-century have rocked Americans' perception of themselves and their institutions, and brought together the people of our Nation with greater intensity than the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in downtown Oklahoma City;

(2) the resulting deaths of 168 people, some of whom were children, immediately touched thousands of family members whose lives will forever bear scars of having those precious to them taken away so brutally;

(3) suffering with such families are countless survivors, including children, who struggle not only with the suffering around them, but their own physical and emotional injuries and with shaping a life beyond April 19;

(4) such losses and struggles are personal and, since they resulted from so public an attack, they are also shared with a community, a Nation, and the world;

(5) the story of the bombing does not stop with the attack itself or with the many losses it caused. The responses of Oklahoma's public servants and private citizens, and those from throughout the Nation, remain as a testament to the sense of unity, compassion, even heroism, that characterized the rescue and recovery following the bombing;

(6) during the days immediately following the Oklahoma City bombing, Americans and people from around the world of all races, political philosophies, religions and walks of life responded with unprecedented solidarity and selflessness; and

(7) given the national and international impact and reaction, the Federal character of the site of the bombing, and the significant percentage of the victims and survivors who were Federal employees, the Oklahoma City Memorial will be established, designed, managed and maintained to educate present and future generations, through a public/private partnership, to work together efficiently and respectfully in developing a National Memorial relating to all aspects of the April 19, 1995, bombing in Oklahoma City.

(Pub. L. 105–58, §2, Oct. 9, 1997, 111 Stat. 1261.)

Statutory Notes and Related Subsidiaries

Short Title of 2004 Amendment

Pub. L. 108–199, div. F, title V, §544(a), Jan. 23, 2004, 118 Stat. 347, provided that: "This section [amending sections 450ss–1 to 450ss–3 and 450ss–5 of this title, repealing sections 450ss–4, 450ss–6, and 450ss–7 of this title, and enacting provisions set out as notes under sections 450ss–3 and 450ss–4 of this title] may be cited as the 'Oklahoma City National Memorial Act Amendments of 2003'."

Short Title

Pub. L. 105–58, §1, Oct. 9, 1997, 111 Stat. 1261, provided that: "This Act [enacting this section and sections 450ss–1 to 450ss–7 of this title] may be cited as the 'Oklahoma City National Memorial Act of 1997'."
16 U.S.C. § 5601 (2024) — Title 16: CONSERVATION / Chapter 76: NORTHWEST ATLANTIC FISHERIES CONVENTION / Section 5601: Representation of United States under Convention
Representation of United States under Convention
Status: in_force

(a) Commissioners

(1) Appointments, generally

The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Commission, who shall each—

(A) be known as a "United States Commissioner to the Northwest Atlantic Fisheries Organization"; and

(B) serve at the pleasure of the Secretary.

(2) Requirements for appointments

(A) The Secretary shall ensure that of the individuals serving as Commissioners—

(i) at least 1 is appointed from among representatives of the commercial fishing industry;

(ii) 1 (but no more than 1) is an official of the Government; and

(iii) 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council.

(B) The Secretary may not appoint as a Commissioner an individual unless the individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies.

(3) Terms

(A) The term of an individual appointed as a Commissioner—

(i) shall be specified by the Secretary at the time of appointment; and

(ii) may not exceed 4 years.

(B) An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner.

(b) Alternate Commissioners

(1) Appointment

The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner.

(2) Functions

An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated.

(c) Representatives

(1) Appointment

The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a "United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council".

(2) Eligibility for appointment

(A) The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council.

(B) The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government.

(3) Term

An individual appointed as a Representative—

(A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment;

(B) may be reappointed; and

(C) shall serve at the pleasure of the Secretary.

(d) Alternate Representatives

(1) Appointment

The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative.

(2) Functions

An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated.

(e) Experts and advisers

The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.

(f) Coordination and consultation

(1) In general

In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall—

(A) coordinate with the appropriate Regional Fishery Management Councils established by section 1852 of this title; and

(B) consult with the committee established under section 5607 of this title.

(2) Relationship to other law

Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.

(Pub. L. 104–43, title II, §202, Nov. 3, 1995, 109 Stat. 377; Pub. L. 114–327, title V, §502, Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–286, §4(a)(124), Dec. 27, 2022, 136 Stat. 4319.)

Editorial Notes

Amendments

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

2016—Subsec. (a)(1). Pub. L. 114–327, §502(1), in introductory provisions, struck out "General Council and the Fisheries" before "Commission".

Subsec. (b)(1). Pub. L. 114–327, §502(2), struck out "at a meeting of the General Council or the Fisheries Commission" after "appointed Commissioner".

Subsec. (b)(2). Pub. L. 114–327, §502(3), struck out ", at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated" before period at end.

Subsec. (d)(1). Pub. L. 114–327, §502(4), struck out "at a meeting of the Scientific Council" after "appointed Representative".

Subsec. (d)(2). Pub. L. 114–327, §502(5), struck out ", at any meeting of the Scientific Council for which the Alternate Representative is designated" before period at end.

Subsec. (f)(1)(A). Pub. L. 114–327, §502(6), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

Statutory Notes and Related Subsidiaries

Short Title of 2016 Amendment

Pub. L. 114–327, title V, §501(a), Dec. 16, 2016, 130 Stat. 1995, provided that: "This title [amending this section and sections 5602 to 5604, 5606, 5607, 5609, and 5610 of this title and repealing section 5612 of this title] may be cited as the 'Northwest Atlantic Fisheries Convention Amendments Act'."

Short Title

Pub. L. 104–43, title II, §201, Nov. 3, 1995, 109 Stat. 377, provided that: "This title [enacting this chapter] may be cited as the 'Northwest Atlantic Fisheries Convention Act of 1995'."
16 U.S.C. § 670 (2024) — Title 16: CONSERVATION / Chapter 5C: CONSERVATION PROGRAMS ON GOVERNMENT LANDS / Subchapter I: CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS / Section 670: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Military installation

The term "military installation"—

(A) means any land or interest in land owned by the United States and administered by the Secretary of Defense or the Secretary of a military department, except land under the jurisdiction of the Assistant Secretary of the Army having responsibility for civil works;

(B) includes all public lands withdrawn from all forms of appropriation under public land laws and reserved for use by the Secretary of Defense or the Secretary of a military department; and

(C) does not include any land described in subparagraph (A) or (B) that is subject to an approved recommendation for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

(2) State

The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands.

(3) State-owned National Guard installation

The term "State-owned National Guard installation" means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.

(4) State fish and wildlife agency

The term "State fish and wildlife agency" means the one or more agencies of State government that are responsible under State law for managing fish or wildlife resources.

(5) United States

The term "United States" means the States, the District of Columbia, and the territories and possessions of the United States.

(6) Indian tribe

The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(Pub. L. 86–797, title I, §100, as added Pub. L. 105–85, div. B, title XXIX, §2911, Nov. 18, 1997, 111 Stat. 2021; amended Pub. L. 112–81, div. A, title III, §312(a)(1), Dec. 31, 2011, 125 Stat. 1351; Pub. L. 112–239, div. A, title III, §312(b), Jan. 2, 2013, 126 Stat. 1691.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in par. (6), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

2013—Par. (6). Pub. L. 112–239 added par. (6).

2011—Pars. (2) to (5). Pub. L. 112–81 added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively.

Statutory Notes and Related Subsidiaries

Short Title of 1997 Amendment

Pub. L. 105–85, div. B, title XXIX, §2901, Nov. 18, 1997, 111 Stat. 2016, provided that: "This title [enacting this section and sections 670e–1 and 670e–2 of this title, amending sections 670a, 670b, 670c, 670c–1, 670f, and 670o of this title, repealing section 670a–1 of this title, and enacting provisions set out as notes under this section and section 670a of this title] may be cited as the 'Sikes Act Improvement Act of 1997'."

Short Title of 1978 Amendment

Pub. L. 95–420, §1, Oct. 5, 1978, 92 Stat. 921, provided: "That this Act [amending sections 670f and 670o of this title] may be cited as the 'Sikes Act Amendments of 1978'."

Short Title

Pub. L. 86–797, §1, as added by Pub. L. 105–85, div. B, title XXIX, §2903, Nov. 18, 1997, 111 Stat. 2016, provided that: "This Act [enacting this chapter] may be cited as the 'Sikes Act'."
16 U.S.C. § 1004 (2024) — Title 16: CONSERVATION / Chapter 18: WATERSHED PROTECTION AND FLOOD PREVENTION / Section 1004: Conditions for Federal assistance
Conditions for Federal assistance
Status: in_force

The Secretary shall require as a condition to providing Federal assistance for the installation of works of improvement that local organizations shall—

(1) acquire, or with respect to interests in land to be acquired by condemnation provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this chapter, such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance: Provided, That when a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes: Provided further, That the Secretary shall be authorized to participate in recreational development in any watershed project only to the extent that the need therefor is demonstrated in accordance with standards established by him, taking into account the anticipated man-days of use of the projected recreational development and giving consideration to the availability within the region of existing water-based outdoor recreational developments: Provided further, That the Secretary shall be authorized to participate in not more than one recreational development in a watershed project containing less than seventy-five thousand acres, or two such developments in a project containing between seventy-five thousand and one hundred and fifty thousand acres, or three such developments in projects exceeding one hundred and fifty thousand acres: Provided further, That when the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development, the Secretary shall be authorized to advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements or rights-of-way; and, except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds: Provided further, That the Secretary shall be authorized to bear an amount not to exceed one-half of the costs of the land, easements, or rights-of-way acquired or to be acquired by the local organization for mitigation of fish and wildlife habitat losses, and that such acquisition is not limited to the confines of the watershed project boundaries;

(2) assume (A) such proportionate share, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs, of the costs of installing any works of improvement, involving Federal assistance (excluding engineering costs), which is applicable to the agricultural phases of the conservation, development, utilization, and disposal of water or for fish and wildlife development, recreational development, ground water recharge, water quality management, or the conservation and proper utilization of land: Provided, That works of improvement for water quality management shall consist primarily of water storage capacity in reservoirs for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source, and shall be consistent with standards and regulations adopted by the Water Resources Council on Federal cost sharing for water quality management, and (B) all of the cost of installing any portion of such works applicable to other purposes except that any part of the construction cost (including engineering costs) applicable to flood prevention and features relating thereto shall be borne by the Federal Government and paid for by the Secretary out of funds appropriated for the purposes of this chapter: Provided, That, in addition to and without limitation on the authority of the Secretary to make loans or advancements under section 1006a of this title, the Secretary may pay for any storage of water for present or anticipated future demands or needs for municipal or industrial water included in any reservoir structure constructed or modified under the provisions of this chapter as hereinafter provided: Provided further, That the cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the local organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage: Provided further, That the Secretary shall determine prior to initiation of construction or modification of any reservoir structure including such water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that the Secretary will be reimbursed the cost of water supply storage for anticipated future demands, and that the local organization will pay not less than 50 per centum of the cost of storage for present water supply demands: And provided further, That the cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that (1) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used, and (2) no interest shall be charged on the cost of such water-supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be determined in accordance with the provisions of section 1006a of this title.

(3) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary of Agriculture;

(4) acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement;

(5) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and

(6) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under the provisions of section 1006a of this title.

(Aug. 4, 1954, ch. 656, §4, 68 Stat. 667; Aug. 7, 1956, ch. 1027, §1(c)–(e), 70 Stat. 1088; Pub. L. 85–865, §1, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 86–545, June 29, 1960, 74 Stat. 254; Pub. L. 87–703, title I, §§103, 104, Sept. 27, 1962, 76 Stat. 608, 609; Pub. L. 92–419, title II, §201(d)–(f), Aug. 30, 1972, 86 Stat. 668; Pub. L. 97–98, title XV, §1512(d), Dec. 22, 1981, 95 Stat. 1333.)

Editorial Notes

Amendments

1981—Par. (1). Pub. L. 97–98 inserted proviso authorizing the Secretary to bear an amount not to exceed one-half of the costs of the land, easements, or rights-of-way acquired or to be acquired by the local organization for mitigation of fish and wildlife habitat losses and directing that such acquisitions are not limited to the confines of the watershed project boundaries.

1972—Par. (1). Pub. L. 92–419, §201(d), inserted "from funds appropriated for the purposes of this chapter" after "without cost to the Federal Government".

Par. (2)(A). Pub. L. 92–419, §201(e), substituted "fish and wildlife development, recreational development, ground water recharge, water quality management, or the conservation and proper utilization of land", for "fish and wildlife or recreational development" and inserted water quality management proviso.

Par. (2)(B). Pub. L. 92–419, §201(f), in revising text and making changes in phraseology, authorized payment for water storage for present demands, inserted at end of first proviso "as hereinafter provided", substituted provisions respecting Secretary's determination of adequate assurances by the local agency or by an agency of the State having authority to give such assurances that the Secretary will be reimbursed the cost of water supply storage for anticipated future demands, and that the local organization will pay not less than 50 per centum of the cost of storage for present water supply demands, for provisions respecting the giving of reasonable assurances by the local organization of repayment of cost of such water supply storage for anticipated future demands, and substituted permissive provisions for repayment of cost for anticipated future demands within life of the reservoir structure for former mandatory provisions.

1962—Par. (1). Pub. L. 87–703, §103(1), inserted provisos respecting cost sharing, participation, number of recreational developments and advances of funds.

Par. (2)(A). Pub. L. 87–703, §103(2), substituted "national needs and assistance authorized for similar purposes under other Federal programs" for "the direct identifiable benefits" and inserted "(excluding engineering costs)" after "Federal assistance" and "or recreational" before "development".

Par. (2)(B). Pub. L. 87–703, §104, inserted provisos respecting water storage payments and limitation on amount of such payments, repayment agreements and period of time for repayment and provisions for commencement of repayment, interest-free period and rate of interest.

1960—Par. (1). Pub. L. 86–545 inserted provisions requiring local organizations to provide assurances with respect to interests in land to be acquired by condemnation.

1958—Par. (2)(A). Pub. L. 85–865 inserted "or for fish and wildlife development" after "and disposal of water".

1956—Par. (2). Act Aug. 7, 1956, §1(c), required local organizations to assume a proportionate share of costs applicable to agricultural water management in consideration of the direct identifiable benefits, and all the costs of works applicable to other purposes, and provided that the Federal Government shall bear the entire construction costs for flood prevention.

Par. (4). Act Aug. 7, 1956, §1(d), inserted "or water users" after "landowners".

Par. (6). Act Aug. 7, 1956, §1(e), added par. (6).

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.

Effective Date of 1958 Amendment

Pub. L. 85–865, §2, Sept. 2, 1958, 72 Stat. 1605, provided that: "The Secretary of Agriculture shall not furnish or agree to furnish financial assistance to local organizations for the institution of works of improvement for fish and wildlife development pursuant to the authority of this Act [amending this section] prior to July 1, 1958."

Public Access to Water Impoundments

Pub. L. 99–662, title IX, §930, Nov. 17, 1986, 100 Stat. 4196, provided that: "The Secretary of Agriculture, acting through the Administrator of the Soil Conservation Service, shall study and report to the appropriate committees of the Senate and the House of Representatives by April 1, 1988, on the feasibility, the desirability, and the public interest involved in requiring that public access be provided to any or all water impoundments that have recreation-related potential and that were authorized pursuant to the Watershed Protection and Flood Protection Act (68 Stat. 666; 16 U.S.C. 1001 et seq.)."

Extension of Benefits to Projects Authorized Before Aug. 7, 1956

Amendment by act Aug. 7, 1956, as applicable to all works of improvement and plans for such works under the provisions of this chapter, see Extension of Benefits note set out under section 1001 of this title.

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 1002 of this title.
16 U.S.C. § 645 (2024) — Title 16: CONSERVATION / Chapter 5: PROTECTION OF FUR SEALS AND OTHER FUR-BEARING ANIMALS / Section 645: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, R.S. §1957; acts June 6, 1900, ch. 786, §4, 31 Stat. 322; Feb. 14, 1903, ch. 552, §7, 32 Stat. 828; Mar. 3, 1909, ch. 269, §2, 35 Stat. 839; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Mar. 2, 1921, ch. 110, 41 Stat. 1203; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to jurisdiction of offenses.
16 U.S.C. § 6555 (2024) — Title 16: CONSERVATION / Chapter 84: HEALTHY FOREST RESTORATION / Subchapter IV: INSECT INFESTATIONS AND RELATED DISEASES / Section 6555: Relation to other laws
Relation to other laws
Status: in_force

The authority provided to each Secretary under this subchapter is supplemental to, and not in lieu of, any authority provided to the Secretaries under any other law.

(Pub. L. 108–148, title IV, §405, Dec. 3, 2003, 117 Stat. 1911.)
16 U.S.C. § 1828 (2024) — Title 16: CONSERVATION / Chapter 38: FISHERY CONSERVATION AND MANAGEMENT / Subchapter III: FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS / Section 1828: Foreign fishing incursions
Foreign fishing incursions
Status: in_force

(a) In general

Not later than 180 days after July 11, 2006, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on steps that the Coast Guard will take to significantly improve the Coast Guard's detection and interdiction of illegal incursions into the United States exclusive economic zone by foreign fishing vessels.

(b) Specific issues to be addressed

The report shall—

(1) focus on areas in the exclusive economic zone where the Coast Guard has failed to detect or interdict such incursions in the 4-fiscal-year period beginning with fiscal year 2000, including such areas in the Western/Central Pacific and the Bering Sea; and

(2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions.

(c) Biennial updates

The Secretary shall provide biannual reports updating the Coast Guard's progress in detecting or interdicting such incursions to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(Pub. L. 109–241, title VIII, §804, July 11, 2006, 120 Stat. 563.)

Editorial Notes

Codification

Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion Reports

Pub. L. 111–207, §4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, §221(a)(5), Dec. 18, 2014, 128 Stat. 3037, provided that: "The Secretary of the department in which the Coast Guard is operating shall combine the reports required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime Transportation Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal years beginning after fiscal year 2010. No report shall be required under this subsection, including that no report shall be required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014."
16 U.S.C. § 546b (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter II: SCENIC AREAS / Section 546b: Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia
Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia
Status: in_force

(a) Establishment

There are designated as National Scenic Areas—

(1) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled "Seng Mountain and Raccoon Branch" and dated April 28, 2008, which shall be known as the "Seng Mountain National Scenic Area"; and

(2) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled "Bear Creek" and dated April 28, 2008, which shall be known as the "Bear Creek National Scenic Area".

(b) Purposes

The purposes of the scenic areas are—

(1) to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;

(2) consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;

(3) to protect areas in the scenic areas that may develop characteristics of old-growth forests; and

(4) consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.

(c) Administration

(1) In general

The Secretary shall administer the scenic areas in accordance with—

(A) this subtitle; and

(B) the laws (including regulations) generally applicable to the National Forest System.

(2) Authorized uses

The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b).

(d) Management plan

(1) In general

Not later than 2 years after March 30, 2009, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas.

(2) Effect

Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 1604 of this title.

(e) Roads

(1) In general

Except as provided in paragraph (2), after March 30, 2009, no roads shall be established or constructed within the scenic areas.

(2) Limitation

Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land.

(f) Timber harvest

(1) In general

Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.

(2) Exceptions

The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to—

(A) control fire;

(B) provide for public safety or trail access; or

(C) control insect and disease outbreaks.

(3) Firewood for personal use

Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.

(g) Insect and disease outbreaks

The Secretary may control insect and disease outbreaks—

(1) to maintain scenic quality;

(2) to prevent tree mortality;

(3) to reduce hazards to visitors; or

(4) to protect private land.

(h) Vegetation management

The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on March 30, 2009.

(i) Motorized vehicles

(1) In general

Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.

(2) Exceptions

The Secretary may authorize the use of motorized vehicles—

(A) to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b);

(B) to assist wildlife management projects in existence on March 30, 2009; and

(C) during deer and bear hunting seasons—

(i) on Forest Development Roads 49410 and 84b; and

(ii) on the portion of Forest Development Road 6261 designated on the map described in subsection (a)(2) as "open seasonally".

(j) Wildfire suppression

Wildfire suppression within the scenic areas shall be conducted—

(1) in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and

(2) using such means as the Secretary determines to be appropriate.

(k) Water

The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality.

(l) Withdrawal

Subject to valid existing rights, all Federal land in the scenic areas is withdrawn from—

(1) location, entry, and patent under the mining laws; and

(2) operation of the mineral leasing and geothermal leasing laws.

(Pub. L. 111–11, title I, §1104, Mar. 30, 2009, 123 Stat. 1004.)

Editorial Notes

References in Text

This subtitle, referred to in subsec. (c)(1)(A), is subtitle B (§§1101–1107) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1002, which enacted this section and section 546b–1 of this title, enacted provisions set out as a note below, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of subtitle B to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Definitions

Pub. L. 111–11, title I, §1101, Mar. 30, 2009, 123 Stat. 1002, provided that: "In this subtitle [subtitle B (§§1101–1107) of title I of Pub. L. 111–11, enacting this section and section 546b–1 of this title and enacting and amending provisions listed in a table of Wilderness Areas set out under section 1132 of this title]:

"(1) Scenic areas.—The term 'scenic areas' means the Seng Mountain National Scenic Area and the Bear Creek National Scenic Area.

"(2) Secretary.—The term 'Secretary' means the Secretary of Agriculture."
16 U.S.C. § 3871a (2024) — Title 16: CONSERVATION / Chapter 58: ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM / Subchapter VIII: REGIONAL CONSERVATION PARTNERSHIP PROGRAM / Section 3871a: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Covered program

The term "covered program" means the following:

(A) The agricultural conservation easement program.

(B) The environmental quality incentives program.

(C) The conservation stewardship program, not including the grassland conservation initiative under section 3839aa–25 of this title.

(D) The healthy forests reserve program established under section 6571 of this title.

(E) The conservation reserve program established under subpart B of part I of subchapter IV.

(F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.

(2) Eligible activity

The term "eligible activity" means a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program.

(3) Eligible land

The term "eligible land" means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits.

(4) Eligible partner

The term "eligible partner" means any of the following:

(A) An agricultural or silvicultural producer association or other group of producers.

(B) A State or unit of local government.

(C) An Indian tribe.

(D) A farmer cooperative.

(E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land.

(F) A municipal water or wastewater treatment entity.

(G) An institution of higher education.

(H) An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address—

(i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or

(ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues.

(I) An organization described in section 3865a(3)(B) of this title.

(J) A conservation district.

(5) Partnership agreement

The term "partnership agreement" means the programmatic agreement entered into between the Secretary and an eligible partner, subject to the terms and conditions under section 3871b of this title.

(6) Program

The term "program" means the regional conservation partnership program established by this subchapter.

(7) Program contract

(A) In general

The term "program contract" means the contract between the Secretary and a producer entered into under this subchapter.

(B) Exclusion

The term "program contract" does not include a contract under a covered program.

(Pub. L. 99–198, title XII, §1271A, as added Pub. L. 113–79, title II, §2401, Feb. 7, 2014, 128 Stat. 745; amended Pub. L. 115–334, title II, §2702, Dec. 20, 2018, 132 Stat. 4593.)

Editorial Notes

References in Text

The Watershed Protection and Flood Prevention Act, referred to in par. (1)(F), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

Amendments

2018—Par. (1)(C). Pub. L. 115–334, §2702(1)(A), inserted ", not including the grassland conservation initiative under section 3839aa–25 of this title" before period at end.

Par. (1)(E), (F). Pub. L. 115–334, §2702(1)(B), added subpars. (E) and (F).

Pars. (2), (3). Pub. L. 115–334, §2702(2), added pars. (2) and (3) and struck out former pars. (2) and (3), which defined "eligible activity" as a conservation activity for specified purposes and types of projects and "eligible land" as specified types of land or associated lands on which agricultural commodities, livestock, or forest-related products are produced.

Par. (4)(E). Pub. L. 115–334, §2702(3)(A), inserted "acequia," after "irrigation district,".

Par. (4)(I), (J). Pub. L. 115–334, §2702(3)(B), added subpars. (I) and (J).

Par. (5). Pub. L. 115–334, §2702(4), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: "The term 'partnership agreement' means an agreement entered into under section 3871b of this title between the Secretary and an eligible partner."

Par. (7). Pub. L. 115–334, §2702(5), added par. (7).
16 U.S.C. § 1607 (2024) — Title 16: CONSERVATION / Chapter 36: FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING / Subchapter I: PLANNING / Section 1607: National Forest System renewable resources; development and administration by Secretary in accordance with multiple use and sustained yield concepts for products and services; target year for operational posture of resources; budget requests
National Forest System renewable resources; development and administration by Secretary in accordance with multiple use and sustained yield concepts for products and services; target year for operational posture of resources; budget requests
Status: in_force

The Secretary shall take such action as will assure that the development and administration of the renewable resources of the National Forest System are in full accord with the concepts for multiple use and sustained yield of products and services as set forth in the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528–531]. To further these concepts, the Congress hereby sets the year 2030 as the target year when the renewable resources of the National Forest System shall be in an operating posture whereby all backlogs of needed treatment for their restoration shall be reduced to a current basis and the major portion of planned intensive multiple-use sustained-yield management procedures shall be installed and operating on an environmentally-sound basis. The annual budget shall contain requests for funds for an orderly program to eliminate such backlogs: Provided, That when the Secretary finds that (1) the backlog of areas that will benefit by such treatment has been eliminated, (2) the cost of treating the remainder of such area exceeds the economic and environmental benefits to be secured from their treatment, or (3) the total supplies of the renewable resources of the United States are adequate to meet the future needs of the American people, the budget request for these elements of restoration may be adjusted accordingly.

(Pub. L. 93–378, §9, formerly §8, Aug. 17, 1974, 88 Stat. 479, renumbered §9, Pub. L. 94–588, §2, Oct. 22, 1976, 90 Stat. 2949; amended Pub. L. 115–141, div. O, title II, §208(b)(2), Mar. 23, 2018, 132 Stat. 1066; Pub. L. 117–58, div. G, title III, §70302(a)(2), Nov. 15, 2021, 135 Stat. 1260.)

Editorial Notes

References in Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, which is classified generally to sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables.

Amendments

2021—Pub. L. 117–58 substituted "year 2030" for "year 2000".

2018—Pub. L. 115–141 substituted "Secretary shall take" for "Secretary of Agriculture shall take".

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. § 497b (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 497b: Ski area permits
Ski area permits
Status: in_force

(a) Law applicable to permits

The provisions of the Act of March 4, 1915 (16 U.S.C. 497) notwithstanding, the term and acreage of permits for the operation of ski areas and associated facilities on National Forest System lands shall on and after October 22, 1986, be governed by this section and other applicable law.

(b) Authority

The Secretary of Agriculture (hereinafter referred to as "the Secretary") is authorized to issue permits (hereinafter referred to as "ski area permits") for the use and occupancy of suitable lands within the National Forest System for skiing and other snow sports and recreational uses authorized by this section. A ski area permit—

(1) may be issued for a term not to exceed 40 years;

(2) shall ordinarily be issued for a term of 40 years (unless the Secretary determines that the facilities or operations are of a scale or nature as are not likely to require long-term financing or operation), or that there are public policy reasons specific to a particular permit for a shorter term;

(3) shall encompass such acreage as the Secretary determines sufficient and appropriate to accommodate the permittee's needs for ski operations and appropriate ancillary facilities;

(4) may be renewed at the discretion of the Secretary;

(5) may be cancelled by the Secretary in whole or in part for any violation of the permit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that the permitted area is needed for higher public purposes;

(6) may be modified from time to time by the Secretary to accommodate changes in plans or operations in accordance with the provisions of applicable law;

(7) shall be subject to such reasonable terms and conditions as the Secretary deems appropriate; and

(8) shall be subject to a permit fee based on fair market value in accordance with applicable law.

(c) Other recreational uses

(1) Authority of Secretary

Subject to the terms of a ski area permit issued pursuant to subsection (b), the Secretary may authorize a ski area permittee to provide such other seasonal or year-round natural resource-based recreational activities and associated facilities (in addition to skiing and other snow-sports) on National Forest System land subject to a ski area permit as the Secretary determines to be appropriate.

(2) Requirements

Each activity and facility authorized by the Secretary under paragraph (1) shall—

(A) encourage outdoor recreation and enjoyment of nature;

(B) to the extent practicable—

(i) harmonize with the natural environment of the National Forest System land on which the activity or facility is located; and

(ii) be located within the developed portions of the ski area;

(C) be subject to such terms and conditions as the Secretary determines to be appropriate; and

(D) be authorized in accordance with—

(i) the applicable land and resource management plan; and

(ii) applicable laws (including regulations).

(3) Inclusions

Activities and facilities that may, in appropriate circumstances, be authorized under paragraph (1) include—

(A) zip lines;

(B) mountain bike terrain parks and trails;

(C) frisbee golf courses; and

(D) ropes courses.

(4) Exclusions

Activities and facilities that are prohibited under paragraph (1) include—

(A) tennis courts;

(B) water slides and water parks;

(C) swimming pools;

(D) golf courses; and

(E) amusement parks.

(5) Limitation

The Secretary may not authorize any activity or facility under paragraph (1) if the Secretary determines that the authorization of the activity or facility would result in the primary recreational purpose of the ski area permit to be a purpose other than skiing and other snow-sports.

(6) Boundary determination

In determining the acreage encompassed by a ski area permit under subsection (b)(3), the Secretary shall not consider the acreage necessary for activities and facilities authorized under paragraph (1).

(7) Effect on existing authorized activities and facilities

Nothing in this subsection affects any activity or facility authorized by a ski area permit in effect on November 7, 2011, during the term of the permit.

(d) Regulations

Not later than 2 years after November 7, 2011, the Secretary shall promulgate regulations to implement this section.

(e) Construction with Secretary's duties under other laws

Nothing in this section shall be deemed to amend, modify or otherwise affect the Secretary's duties under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), including his duties to involve the public in his decisionmaking and planning for the national forests.

(Pub. L. 99–522, §3, Oct. 22, 1986, 100 Stat. 3000; Pub. L. 112–46, §3, Nov. 7, 2011, 125 Stat. 538.)

Editorial Notes

References in Text

Act of March 4, 1915 (16 U.S.C. 497), referred to in subsec. (a), is act Mar. 4, 1915, ch. 144, 38 Stat. 1086. For complete classification of this Act to the Code, see Tables.

This section, referred to in subsecs. (a), (b), and (e), was in the original "this Act", meaning Pub. L. 99–522, Oct. 22, 1986, 100 Stat. 3000, known as the National Forest Ski Area Permit Act of 1986, which enacted this section and notes set out under this section. For complete classification of this Act to the Code, see Short Title note below and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (e), 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.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (e), 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.

Amendments

2011—Subsec. (a). Pub. L. 112–46, §3(1), substituted "ski areas and associated facilities" for "nordic and alpine ski areas and facilities".

Subsec. (b). Pub. L. 112–46, §3(2), substituted "skiing and other snow sports and recreational uses authorized by this section" for "nordic and alpine skiing operations and purposes" in introductory provisions.

Subsec. (c). Pub. L. 112–46, §3(4), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 112–46, §3(5), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "Within one year after October 22, 1986, the Secretary shall promulgate rules and regulations to implement the provisions of this section, and shall, to the extent practicable and with the consent of existing permit holders, convert all existing ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this section within 3 years of October 22, 1986."

Pub. L. 112–46, §3(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 112–46, §3(6), substituted "the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)" for "the National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act".

Pub. L. 112–46, §3(3), redesignated subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Short Title of 2011 Amendment

Pub. L. 112–46, §1, Nov. 7, 2011, 125 Stat. 538, provided that: "This Act [amending this section and enacting provisions set out as notes under this section] may be cited as the 'Ski Area Recreational Opportunity Enhancement Act of 2011'."

Short Title

Pub. L. 99–522, §1, Oct. 22, 1986, 100 Stat. 3000, provided that: "This Act [enacting this section and provisions set out as a note below] may be cited as the 'National Forest Ski Area Permit Act of 1986'."

Effect

Pub. L. 112–46, §4, Nov. 7, 2011, 125 Stat. 540, provided that: "Nothing in the amendments made by this Act [amending this section] establishes a legal preference for the holder of a ski area permit to provide activities and associated facilities authorized by section 3(c) of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b(c)) (as amended by section 3)."

Purposes

Pub. L. 112–46, §2, Nov. 7, 2011, 125 Stat. 538, provided that: "The purpose of this Act [see Short Title of 2011 Amendment note above] is to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)—

"(1) to enable snow-sports (other than nordic and alpine skiing) to be permitted on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and

"(2) to clarify the authority of the Secretary of Agriculture to permit appropriate additional seasonal or year-round recreational activities and facilities on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)."

Pub. L. 99–522, §2, Oct. 22, 1986, 100 Stat. 3000, provided that: "The purposes of this Act [see Short Title note above] are to—

"(a) provide a unified and modern permitting process for nordic and alpine ski areas on national forest lands;

"(b) provide for ski area permits which more closely reflect the acreage and other physical requirements of modern ski area development; and

"(c) provide a permit system which will be more commensurate with the long-term construction, financing, and operation needs of ski areas on national forest lands."
16 U.S.C. § 430j (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LX: NATIONAL MILITARY PARKS / Section 430j: Monocacy National Battlefield; establishment
Monocacy National Battlefield; establishment
Status: in_force

That in order to commemorate the Battle of Monocacy, Maryland, and to preserve for historical purposes the breastworks, earthworks, walls, or other defenses or shelters used by the armies therein, the battlefield at Monocacy in the State of Maryland is hereby established as the Monocacy National Battlefield. The battlefield shall comprise the area within the boundary generally depicted on the map entitled "Monocacy National Battlefield," numbered 894/40,001A, and dated April 1980, which shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior.

(June 21, 1934, ch. 694, §1, 48 Stat. 1198; Pub. L. 94–578, title III, §319(1), Oct. 21, 1976, 90 Stat. 2738; Pub. L. 96–607, title XIV, §140(a), Dec. 28, 1980, 94 Stat. 3546.)

Editorial Notes

Amendments

1980—Pub. L. 96–607 substituted provision directing that the battlefield be comprised of the area within the boundary generally depicted on the map entitled Monocacy National Battlefield, numbered 894/40,001A, dated April 1980, which map is to be on file and available for public inspection for provision directing that the battlefield be comprised of the area generally depicted on the drawing entitled Boundary, Monocacy National Battlefield, numbered 894–40,000, dated May 1976.

1976—Pub. L. 94–578 substituted "is declared a national battlefield to be known as the 'Monocacy National Battlefield' (hereinafter referred to as 'the battlefield'). The battlefield shall comprise the area generally depicted on the drawing entitled 'Boundary, Monocacy National Battlefield', numbered 894–40,000 and dated May 1976" for "is declared a national military park to be known as the 'Monocacy National Military Park', whenever the title to the lands deemed necessary by the Secretary of the Interior shall have been acquired by the United States and the usual jurisdiction over the lands and roads of the same shall have been granted to the United States by the State of Maryland".
16 U.S.C. § 521c (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 521c: Definitions
Definitions
Status: in_force

For purposes of sections 521c to 521i of this title—

(1) the term "person" includes any State or any political subdivision or entity thereof;

(2) the term "interchange" means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value determination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and

(3) the term "Secretary" means the Secretary of Agriculture of the United States.

(Pub. L. 97–465, §1, Jan. 12, 1983, 96 Stat. 2535.)
16 U.S.C. § 4721 (2024) — Title 16: CONSERVATION / Chapter 67: AQUATIC NUISANCE PREVENTION AND CONTROL / Subchapter III: PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES DISPERSAL / Section 4721: Establishment of Task Force
Establishment of Task Force
Status: in_force

(a) Task Force

There is hereby established an "Aquatic Nuisance Species Task Force".

(b) Membership

Membership of the Task Force shall consist of—

(1) the Director;

(2) the Under Secretary;

(3) the Administrator of the Environmental Protection Agency;

(4) the Commandant of the United States Coast Guard;

(5) the Assistant Secretary;

(6) the Secretary of Agriculture;

(7) the Director of the National Park Service;

(8) the Director of the Bureau of Land Management;

(9) the Commissioner of Reclamation; and

(10) the head of any other Federal agency that the chairpersons designated under subsection (d) deem appropriate.

(c) Ex officio members

The chairpersons designated under subsection (d) shall invite representatives of the Great Lakes Commission, the Patrick Leahy Lake Champlain Basin Program, the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program, and State agencies and other governmental entities to participate as ex officio members of the Task Force.

(d) Chairpersons

The Director and the Under Secretary shall serve as co-chairpersons of the Task Force and shall be jointly responsible, and are authorized to undertake such activities as may be necessary, for carrying out this subchapter in consultation and cooperation with the other members of the Task Force.

(e) Memorandum of understanding

Within six months of November 29, 1990, the Director and the Under Secretary shall develop a memorandum of understanding that describes the role of each in jointly carrying out this subchapter.

(f) Coordination

Each Task Force member shall coordinate any action to carry out this subchapter with any such action by other members of the Task Force, and regional, State and local entities.

(g) Observers

The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force.

(Pub. L. 101–646, title I, §1201, Nov. 29, 1990, 104 Stat. 4765; Pub. L. 104–182, title III, §308(b), Aug. 6, 1996, 110 Stat. 1689; Pub. L. 104–332, §2(e)(2), (h)(1), Oct. 26, 1996, 110 Stat. 4085, 4091; Pub. L. 117–263, div. K, title CXIII, §11327(b), (c), Dec. 23, 2022, 136 Stat. 4097; Pub. L. 117–328, div. O, title IV, §404(b), Dec. 29, 2022, 136 Stat. 5229.)

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (d) to (f), was in the original "this subtitle", meaning subtitle C (§§1201–1209) of title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4765, which enacted this subchapter and amended section 42 of Title 18, Crimes and Criminal Procedure.

Amendments

2022—Subsec. (b)(7) to (10). Pub. L. 117–263, §11327(c), added pars. (7) to (9) and redesignated former par. (7) as (10).

Subsec. (c). Pub. L. 117–328 inserted "Patrick Leahy" before "Lake Champlain Basin Program".

Subsec. (g). Pub. L. 117–263, §11327(b), added subsec. (g).

1996—Pub. L. 104–332, §2(h)(1), made technical amendment to Pub. L. 101–646, §1201, which enacted this section.

Subsec. (b)(5) to (7). Pub. L. 104–332, §2(e)(2)(A), struck out "and" at end of par. (5), added par. (6), and redesignated former par. (6) as (7).

Subsec. (c). Pub. L. 104–332, §2(e)(2)(B), inserted "the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program," before "and State agencies".

Pub. L. 104–182 inserted ", the Lake Champlain Basin Program," after "Great Lakes Commission".

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 526 (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 526: Establishment and protection of water rights
Establishment and protection of water rights
Status: in_force

There are authorized to be appropriated for expenditure by the Forest Service such sums as may be necessary for the investigation and establishment of water rights, including the purchase thereof or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in connection with the administration and public use of the national forests.

(Sept. 21, 1944, ch. 412, title II, §213, 58 Stat. 737.)

Editorial Notes

Codification

This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

Statutory Notes and Related Subsidiaries

Interim Moratorium on Bypass Flows

Pub. L. 104–127, title III, §389, Apr. 4, 1996, 110 Stat. 1021, as amended by Pub. L. 104–180, title VII, §736, Aug. 6, 1996, 110 Stat. 1607, provided that:

"(a) Moratorium.—There shall be a 20-month moratorium on any Forest Service decision to require bypass flows or any other relinquishment of the unimpaired use of a decreed water right as a condition of renewal or reissuance of a land use authorization permit.

"(b) Limitations.—Subsection (a) shall not affect—

"(1) obligations or authority of the Secretary of Agriculture to protect public health and safety; and

"(2) obligations or authority under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or applicable State law.

"(c) Rules of Construction.—

"(1) Existing non-federal water rights.—Nothing in this section prevents or inhibits the exercise of the use and operation of existing non-Federal water rights on or above the National Forest land that require land use authorization permits from the Forest Service to access water supply facilities.

"(2) Renewal or reissuance of expiring land use authorization for decreed water rights.—Nothing in this section prevents or inhibits the renewal or reissuance of expiring land use authorizations for decreed water rights. The Forest Service may extend, as needed, any expiring land use authorization for such time as is necessary to incorporate the results of the study authorized by subsection (d).

"(d) Study of Water Rights Across Federal Lands.—

"(1) Establishment.—Not later than 60 days after the date of enactment of this Act [Apr. 4, 1996], there shall be established a Water Rights Task Force to study the subjects described in paragraph (3).

"(2) Membership.—The Task Force shall be composed of 7 members appointed as follows:

"(A) 1 member shall be appointed by the Secretary of Agriculture.

"(B) 2 members shall be appointed by the Speaker of the House of Representatives and 1 member shall be appointed by the Minority Leader of the House of Representatives.

"(C) 2 members shall be appointed by the Majority Leader of the Senate and 1 member shall be appointed by the Minority Leader of the Senate.

"(3) Subjects to be studied.—The Task Force shall study and make recommendations on—

"(A) whether Federal water rights should be acquired for environmental protection on National Forest land;

"(B) measures necessary to protect the free exercise of non-Federal water rights requiring easements and permits from the Forest Service;

"(C) the protection of minimum instream flows for environmental and watershed management purposes on National Forest land through purchases or exchanges from willing sellers in accordance with State law;

"(D) the effects of any of the recommendations made under this paragraph on existing State laws, regulations, and customs of water usage; and

"(E) measures that would be useful in avoiding or resolving conflicts between the Forest Service's responsibilities for natural resource and environmental protection, the public interest, and the property rights and interests of water holders with special use permits for water facilities, including the study of the Federal acquisition of water rights, dispute resolution, mitigation, and compensation.

"(4) Final report.—As soon as practicable, but not later than 14 months, after the date of enactment of this Act [Apr. 4, 1996], the Task Force shall provide the final report of the Task Force to—

"(A) the Secretary of Agriculture;

"(B) the Speaker of the House of Representatives;

"(C) the President pro tempore of the Senate;

"(D) the Chairman of the Committee on Agriculture of the House of Representatives;

"(E) the Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate;

"(F) the Chairman of the Committee on Resources [now Committee on Natural Resources] of the House of Representatives; and

"(G) the Chairman of the Committee on Energy and Natural Resources of the Senate.

"(5) Authorization of funds.—The Secretary of Agriculture shall use funds made available for salaries and administrative expenses of the Department of Agriculture to carry out this subsection.

"(e) Extension for Delay.—There shall be a day-for-day extension to the 20-month moratorium required by subsection (a) and a day-for-day extension to the report required by subsection (d)(4)—

"(1) for every day of delay in implementing or establishing the Water Rights Task Force caused by a failure to nominate Task Force members by the Administration or by the Congress; or

"(2) for every day of delay caused by a failure by the Secretary of Agriculture to identify adequate resources as determined by the Secretary of Agriculture to carry out the purposes of the Task Force."
16 U.S.C. § 460n (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXXII: LAKE MEAD NATIONAL RECREATION AREA / Section 460n: Administration
Administration
Status: in_force

In recognition of the national significance of the Lake Mead National Recreation Area, in the States of Arizona and Nevada, and in order to establish a more adequate basis for effective administration of such area for the public benefit, the Secretary of the Interior hereafter may exercise the functions and carry out the activities prescribed by this subchapter.

(Pub. L. 88–639, §1, Oct. 8, 1964, 78 Stat. 1039.)
16 U.S.C. § 403f (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XLVI: SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS NATIONAL PARK / Section 403f: Great Smoky Mountains National Park; extension of boundaries
Great Smoky Mountains National Park; extension of boundaries
Status: in_force

The boundary limits of the tract of land in the Great Smoky Mountains in the States of North Carolina and Tennessee, recommended by the Secretary of the Interior in his report of April 14, 1926, for the establishment of the Great Smoky Mountains National Park, are extended to include lands adjacent to the east boundary as defined in said report to a line approximately as follows:

From a point on top of the Balsam Mountains at the boundary of Swain and Hayward Counties just north of Black Camp Gap; thence following east the top of the mountain range to Jonathan Knob and Hemphill Bald; thence along top of ridge through Camp Gap to Bent Knee Knob; thence following the main ridge to Cataloochee Creek to a point on the boundary of the area described in report of the Secretary of the Interior of April 14, 1926; and the lands within said boundary extension, or any part thereof, may be accepted on behalf of the United States in accordance with the provisions of sections 403 and 403a to 403c of this title for inclusion in the area to be known as the Great Smoky Mountains National Park.

(Apr. 19, 1930, ch. 197, 46 Stat. 225.)