16 U.S.C. § 272b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXX: ARCHES NATIONAL PARK / Section 272b: Livestock grazing
Livestock grazing
Status: in_force

(a) In general

In a case in which any Federal lands included within the park are legally occupied or utilized on November 12, 1971, 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 or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter.

(b) Lost Spring Canyon Addition

(1) Continuation of grazing leases, permits, and licenses

In the case of any grazing lease, permit, or license with respect to land in the Lost Spring Canyon Addition that was issued before October 30, 1998, the Secretary shall, subject to periodic renewal, continue the grazing lease, permit, or license for a period equal to the lifetime of the holder of the grazing lease, permit, or license as of October 30, 1998, plus the lifetime of any direct descendants of the holder born before October 30, 1998.

(2) Retirement

A grazing lease, permit, or license described in paragraph (1) shall be permanently retired at the end of the period described in paragraph (1).

(3) Periodic renewal

Until the expiration of the period described in paragraph (1), the holder (or descendant of the holder) of a grazing lease, permit, or license shall be entitled to renew the lease, permit, or license periodically, subject to such limitations, conditions, or regulations as the Secretary may prescribe.

(4) Sale

A grazing lease, permit, or license described in paragraph (1) may be sold during the period described in paragraph (1) only on the condition that the purchaser shall, immediately upon acquisition, permanently retire the lease, permit, or license.

(5) Taylor Grazing Act

Nothing in this subsection affects other provisions concerning leases, permits, or licenses under the Act of June 28, 1934 (commonly known as the "Taylor Grazing Act") (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).

(6) Administration

Any portion of a grazing lease, permit, or license with respect to land in the Lost Spring Canyon Addition shall be administered by the National Park Service.

(Pub. L. 92–155, §3, Nov. 12, 1971, 85 Stat. 422; Pub. L. 105–329, §2(c), Oct. 30, 1998, 112 Stat. 3060.)

Editorial Notes

References in Text

The Taylor Grazing Act, referred to in subsec. (b)(5), is act June 28, 1934, ch. 865, 48 Stat. 1269, which is classified principally to subchapter I (§315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 315 of Title 43 and Tables.

Amendments

1998—Pub. L. 105–329 inserted section catchline and subsec. (a) designation and heading and added subsec. (b).
16 U.S.C. § 81h (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter IX: COLONIAL NATIONAL HISTORICAL PARK / Section 81h: Civil and criminal jurisdiction; legislative authority of State over park
Civil and criminal jurisdiction; legislative authority of State over park
Status: in_force

Nothing in this subchapter shall be held to deprive the State of Virginia, or any political subdivision thereof, of its civil and criminal jurisdiction in and over the areas included in said national park, nor shall this subchapter in any way impair or affect the rights of citizenship of any resident therein; and save and except as the consent of the State of Virginia may be hereafter given, the legislative authority of said State in and over all areas included within said national park shall not be diminished or affected by the creation of said national park, nor by the terms and provisions of this subchapter: Provided, That any rules and regulations authorized in section 81g of this title, and in the Act therein referred to,1 shall not apply to any property of a public nature in the city of Williamsburg, other than property of the United States.

(July 3, 1930, ch. 837, §6, 46 Stat. 856; June 5, 1936, ch. 525, §2, 49 Stat. 1483.)

Editorial Notes

References in Text

The Act referred to in section 81g of this title, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act. See References in Text note set out under section 81g of this title.

Codification

Section was formerly classified to section 443e of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".

1 See References in Text note below.
16 U.S.C. § 1451 (2024) — Title 16: CONSERVATION / Chapter 33: COASTAL ZONE MANAGEMENT / Section 1451: Congressional findings
Congressional findings
Status: in_force

The Congress finds that—

(a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.

(b) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation.

(c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion.

(d) The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.

(e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost.

(f) New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 1

(g) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values.

(h) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.

(i) The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooperation with Federal and local governments and other vitally affected interests, in developing land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance.

(j) The national objective of attaining a greater degree of energy self-sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.

(k) Land uses in the coastal zone, and the uses of adjacent lands which drain into the coastal zone, may significantly affect the quality of coastal waters and habitats, and efforts to control coastal water pollution from land use activities must be improved.

(l) Because global warming may result in a substantial sea level rise with serious adverse effects in the coastal zone, coastal states must anticipate and plan for such an occurrence.

(m) Because of their proximity to and reliance upon the ocean and its resources, the coastal states have substantial and significant interests in the protection, management, and development of the resources of the exclusive economic zone that can only be served by the active participation of coastal states in all Federal programs affecting such resources and, wherever appropriate, by the development of state ocean resource plans as part of their federally approved coastal zone management programs.

(Pub. L. 89–454, title III, §302, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280; amended Pub. L. 94–370, §2, July 26, 1976, 90 Stat. 1013; Pub. L. 96–464, §2, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101–508, title VI, §6203(a), Nov. 5, 1990, 104 Stat. 1388–300.)

Editorial Notes

Amendments

1990—Subsec. (d). Pub. L. 101–508, §6203(a)(1), inserted "habitat areas of the" before "coastal zone".

Subsec. (f). Pub. L. 101–508, §6203(a)(2), inserted "exclusive economic zone," after "territorial sea,".

Subsecs. (k) to (m). Pub. L. 101–508, §6203(a)(3), added subsecs. (k) to (m).

1980—Subsecs. (f) to (j). Pub. L. 96–464, §2(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.

1976—Subsec. (b). Pub. L. 94–370, §2(1), inserted "ecological," after "recreational,".

Subsec. (i). Pub. L. 94–370, §2(3), added subsec. (i).

Statutory Notes and Related Subsidiaries

Short Title of 2020 Amendment

Pub. L. 116–223, §1, Dec. 18, 2020, 134 Stat. 1067, provided that: "This Act [enacting section 1467 of this title and provisions set out as notes under section 1467 of this title] may be cited as the 'Digital Coast Act'."

Short Title of 2009 Amendment

Pub. L. 111–11, title XII, §12501, Mar. 30, 2009, 123 Stat. 1442, provided that: "This Act [probably should be "subtitle", meaning subtitle E (§§12501, 12502) of title XII of Pub. L. 111–11, enacting section 1456–1 of this title] may be cited as the 'Coastal and Estuarine Land Conservation Program Act'."

Short Title of 2004 Amendment

Pub. L. 108–456, title I, §101, Dec. 10, 2004, 118 Stat. 3630, formerly set out as a note under this section, was transferred and is set out as a note under section 4001 of Title 33, Navigation and Navigable Waters.

Short Title of 1996 Amendment

Pub. L. 104–150, §1, June 3, 1996, 110 Stat. 1380, provided that: "This Act [enacting section 1465 of this title, amending sections 1454, 1455a, 1456a, 1456b, 1461, and 1464 of this title, and enacting provisions set out as a note under section 1454 of this title] may be cited as the 'Coastal Zone Protection Act of 1996'."

Short Title of 1990 Amendment

Pub. L. 101–508, title VI, §6201, Nov. 5, 1990, 104 Stat. 1388–299, provided that: "This subtitle [subtitle C (§§6201–6217) of title VI of Pub. L. 101–508, enacting sections 1455b, 1456c, and 1460 of this title, amending this section and sections 1452 to 1456b, 1458, 1461, and 1464 of this title, and enacting provisions set out as notes under this section and section 1455 of this title] may be cited as the 'Coastal Zone Act Reauthorization Amendments of 1990'."

Short Title of 1986 Amendment

Pub. L. 99–272, title VI, §6041, Apr. 7, 1986, 100 Stat. 124, provided that: "This subtitle [subtitle D (§§6041–6047) of title VI of Pub. L. 99–272, amending sections 1455, 1455a, 1456a, 1458, 1461, and 1464 of this title, repealing sections 1456c and 1460 of this title, and repealing provisions set out as a note under this section] may be cited as the 'Coastal Zone Management Reauthorization Act of 1985'."

Short Title of 1980 Amendment

Pub. L. 96–464, §1, Oct. 17, 1980, 94 Stat. 2060, provided: "That this Act [enacting sections 1455a and 1463a of this title, amending this section and sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464 of this title, and enacting provisions set out as notes under sections 1455, 1458, and 1463a of this title] may be cited as the 'Coastal Zone Management Improvement Act of 1980'."

Short Title of 1976 Amendment

Pub. L. 94–370, §1, July 26, 1976, 90 Stat. 1013, provided: "That this Act [enacting section 1511a of Title 15, Commerce and Trade, and sections 1456a to 1456c of this title, amending this section, sections 1453 to 1456 and 1457 to 1464 of this title, and section 5316 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 1511a of Title 15 and section 1462 of this title] may be cited as the 'Coastal Zone Management Act Amendments of 1976'."

Short Title

Pub. L. 89–454, title III, §301, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, provided that: "This title [enacting this chapter] may be cited as the 'Coastal Zone Management Act of 1972'."

Hypoxia Assessment

Pub. L. 110–114, title V, §5022, Nov. 8, 2007, 121 Stat. 1203, provided that: "The Secretary [of the Army] may participate with Federal, State, and local agencies, non-Federal and nonprofit entities, regional researchers, and other interested parties to assess hypoxia in the Gulf of Mexico."

Harmful Algal Blooms and Hypoxia Research and Control

Pub. L. 108–456, title I, §102 (part), Dec. 10, 2004, 118 Stat. 3630, formerly set out as a note under this section, was transferred to section 4001a of Title 33, Navigation and Navigable Waters.

Pub. L. 105–383, title VI, Nov. 13, 1998, 112 Stat. 3447, as amended by Pub. L. 108–456, title I, §§102–105, Dec. 10, 2004, 118 Stat. 3630–3633; Pub. L. 110–161, div. B, title V, §528, Dec. 26, 2007, 121 Stat. 1930, formerly set out as a note under this section, was transferred to chapter 53 (§4001 et seq.) of Title 33, Navigation and Navigable Waters.

Findings and Purpose of Coastal Zone Act Reauthorization Amendments of 1990

Pub. L. 101–508, title VI, §6202, Nov. 5, 1990, 104 Stat. 1388–299, provided that:

"(a) Findings.—Congress finds and declares the following:

"(1) Our oceans, coastal waters, and estuaries constitute a unique resource. The condition of the water quality in and around the coastal areas is significantly declining. Growing human pressures on the coastal ecosystem will continue to degrade this resource until adequate actions and policies are implemented.

"(2) Almost one-half of our total population now lives in coastal areas. By 2010, the coastal population will have grown from 80,000,000 in 1960 to 127,000,000 people, an increase of approximately 60 percent, and population density in coastal counties will be among the highest in the Nation.

"(3) Marine resources contribute to the Nation's economic stability. Commercial and recreational fishery activities support an industry with an estimated value of $12,000,000,000 a year.

"(4) Wetlands play a vital role in sustaining the coastal economy and environment. Wetlands support and nourish fishery and marine resources. They also protect the Nation's shores from storm and wave damage. Coastal wetlands contribute an estimated $5,000,000,000 to the production of fish and shellfish in the United States coastal waters. Yet, 50 percent of the Nation's coastal wetlands have been destroyed, and more are likely to decline in the near future.

"(5) Nonpoint source pollution is increasingly recognized as a significant factor in coastal water degradation. In urban areas, storm water and combined sewer overflow are linked to major coastal problems, and in rural areas, run-off from agricultural activities may add to coastal pollution.

"(6) Coastal planning and development control measures are essential to protect coastal water quality, which is subject to continued ongoing stresses. Currently, not enough is being done to manage and protect our coastal resources.

"(7) Global warming results from the accumulation of man-made gases, released into the atmosphere from such activities as the burning of fossil fuels, deforestation, and the production of chlorofluorocarbons, which trap solar heat in the atmosphere and raise temperatures worldwide. Global warming could result in significant global sea level rise by 2050 resulting from ocean expansion, the melting of snow and ice, and the gradual melting of the polar ice cap. Sea level rise will result in the loss of natural resources such as beaches, dunes, estuaries, and wetlands, and will contribute to the salinization of drinking water supplies. Sea level rise will also result in damage to properties, infrastructures, and public works. There is a growing need to plan for sea level rise.

"(8) There is a clear link between coastal water quality and land use activities along the shore. State management programs under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) are among the best tools for protecting coastal resources and must play a larger role, particularly in improving coastal zone water quality.

"(9) All coastal States should have coastal zone management programs in place that conform to the Coastal Zone Management Act of 1972, as amended by this Act.

"(b) Purpose.—It is the purpose of Congress in this subtitle [see Short Title of 1990 Amendment note above] to enhance the effectiveness of the Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.] by increasing our understanding of the coastal environment and expanding the ability of State coastal zone management programs to address coastal environmental problems."

Establishment of Positions and Fixing of Compensation by Secretary of Commerce; Appointments

Pub. L. 94–370, §15(c), July 26, 1976, 90 Stat. 1032, related to establishment and compensation of four new positions without regard to the provisions of chapter 51 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 99–272, title VI, §6045(3), Apr. 7, 1986, 100 Stat. 127.

Executive Documents

Territorial Sea of United States

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

Executive Order No. 13554

Ex. Ord. No. 13554, Oct. 5, 2010, 75 F.R. 62313, which established the Gulf Coast Ecosystem Restoration Task Force, was revoked, concurrent with the termination of the Task Force, by Ex. Ord. No. 13626, §6(d), Sept. 10, 2012, 77 F.R. 56752, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters.

1 So in original. The semicolon probably should be a period.
16 U.S.C. § 973h (2024) — Title 16: CONSERVATION / Chapter 16C: SOUTH PACIFIC TUNA FISHING / Section 973h: Enforcement
Enforcement
Status: in_force

(a) Federal responsibilities; utilization of personnel, etc., of other Federal and State agencies

The provisions of this chapter shall be enforced by the Secretary in cooperation with the Secretary of State. The Secretary, after consultation with the Secretary of State, may by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency and of any State agency in the performance of these duties.

(b) Investigation and report of alleged Treaty infringement involving U.S. vessel; notice requirements to operator of vessel; comments, information, or evidence by operator

(1) The Secretary shall, at the request of a Pacific Island Party made to the Secretary of State, fully investigate any alleged infringement of the Treaty involving a vessel of the United States, and report as soon as practicable, and in any case within 2 months, to that Party through the Secretary of State on any action taken or proposed by the Secretary in regard to the alleged infringement.

(2) Upon commencement of an investigation under paragraph (1) of this subsection, the Secretary shall notify the operator of any vessel concerned regarding—

(A) the nature of the investigation;

(B) the right of the operator to submit comments, information, or evidence bearing on the investigation and to receive, upon the operator's timely written request to the Secretary, an opportunity to present such comments, information, or evidence orally to the Secretary or the Secretary's representative within 30 days after receipt of such notification.

(c) Notice requirements to Pacific Island Party concerning institution and outcome of legal proceedings

(1) Prior to instituting any legal proceedings under this chapter for any action which involves an alleged infringement of the Treaty in waters within the jurisdiction of a Pacific Island Party, the Secretary, through the Secretary of State, shall notify the Pacific Island Party in accordance with paragraph 8 of Article 4 of the Treaty that the proceedings will be instituted. Such notice shall include a statement of the facts believed to show an infringement of the Treaty and the nature of the proposed proceedings, including any proposed charges and any proposed penalties. The Secretary shall not institute such proceedings if the Pacific Island Party objects within 30 days after the effective date of the notice under Article 10 of the Treaty.

(2) The Pacific Island Party exercising jurisdiction over the waters involved in such a legal proceeding shall be promptly notified by the Secretary, through the Secretary of State, concerning the outcome of the proceeding.

(d) Searches and seizures by Authorized Officers; limitations on powers

(1) Any Authorized Officer may—

(A) with or without a warrant or other process—

(i) arrest any person, if he has reasonable cause to believe that the person has committed any act subject to prosecution under section 973e of this title;

(ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter; or

(iii) seize samples of fish or items for evidence (other than the vessel or its fishing gear or equipment) related to any violation of any provision of this chapter;

(iv) order a vessel into the most convenient port of the United States for investigation when an investigation has been requested by a Pacific Island Party in accordance with the Treaty and when such an order is necessary to gather information for such an investigation;

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

(C) exercise any other lawful authority; and

(D) investigate alleged violations of the Treaty to the same extent authorized to investigate alleged violations of this chapter.

(2) To the extent possible, Authorized Officers shall exercise their powers under paragraph (1)(A)(ii), (iii), and (iv) of this subsection so as not to interfere unduly with the lawful operation of the vessel.

(3) Nothing in this chapter shall be construed to limit the enforcement of this or other applicable Federal laws under section 89 1 of title 14.

(e) Exclusive jurisdiction

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

(Pub. L. 100–330, §10, June 7, 1988, 102 Stat. 597.)

Editorial Notes

References in Text

Section 89 of title 14, referred to in subsec. (d)(3), 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.

1 See References in Text note below.
16 U.S.C. § 1421f (2024) — Title 16: CONSERVATION / Chapter 31: MARINE MAMMAL PROTECTION / Subchapter V: MARINE MAMMAL HEALTH AND STRANDING RESPONSE / Section 1421f: National Marine Mammal Tissue Bank and tissue analysis
National Marine Mammal Tissue Bank and tissue analysis
Status: in_force

(a) Tissue Bank

(1) In general

The Secretary shall make provision for the storage, preparation, examination, and archiving of marine mammal tissues. Tissues archived pursuant to this subsection shall be known as the "National Marine Mammal Tissue Bank".

(2) Guidance for marine mammal tissue collection, preparation, and archiving

The Secretary shall, in consultation with individuals with knowledge and expertise in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for marine mammal tissue collection, preparation, archiving, and quality control procedures, regarding—

(A) appropriate and uniform methods and standards for those activities to provide confidence in marine mammal tissue samples used for research; and

(B) documentation of procedures used for collecting, preparing, and archiving those samples.

(3) Source of tissue

In addition to tissues taken during marine mammal unusual mortality events, the Tissue Bank shall incorporate tissue samples taken from other sources in the wild, including—

(A) samples from marine mammals taken incidental to commercial fishing operations;

(B) samples from marine mammals taken for subsistence purposes;

(C) biopsy samples; and

(D) any other samples properly collected.

(b) Tissue analysis

The Secretary shall, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for analyzing tissue samples (by use of the most effective and advanced diagnostic technologies and tools practicable) as a means to monitor and measure overall health trends in representative species or populations of marine mammals, including—

(1) the levels of, and if possible, the effects of, potentially harmful contaminants; and

(2) the frequency of, and if possible, the causes and effects of abnormal lesions or anomalies.

(c) Data base

(1) In general

The Secretary shall maintain a central data base which provides an effective means for tracking and accessing data on marine mammals, including relevant data on marine mammal tissues collected for and maintained in the Tissue Bank.

(2) Contents

The data base established under this subsection shall include—

(A) reference data on marine mammal health and mortality and the health of populations of marine mammals; and

(B) data on species of marine mammals that are subject to unusual mortality events.

(d) Access

The Secretary shall, in consultation with the Secretary of the Interior, establish criteria, after an opportunity for public review and comment, for public access to—

(1) marine mammal tissues in the Tissue Bank;

(2) analyses conducted pursuant to subsection (b); and

(3) marine mammal data in the data base maintained under subsection (c);

which provide for appropriate uses of the tissues, analyses, and data by qualified scientists, including stranding network participants.

(Pub. L. 92–522, title IV, §407, formerly title III, §307, as added Pub. L. 102–587, title III, §3003(a), Nov. 4, 1992, 106 Stat. 5065; renumbered title IV, §407, Pub. L. 103–238, §24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–263, div. J, title CIV, §10405, Dec. 23, 2022, 136 Stat. 3984.)

Editorial Notes

Amendments

2022—Subsec. (c)(2)(A). Pub. L. 117–263, §10405(1), substituted "marine mammal health and mortality and the health of" for "the health of marine mammals and".

Subsec. (d). Pub. L. 117–263, §10405(2), inserted "public" before "access" in introductory provisions.
16 U.S.C. § 3606 (2024) — Title 16: CONSERVATION / Chapter 56: NORTH ATLANTIC SALMON FISHING / Section 3606: Violations and penalties
Violations and penalties
Status: in_force

(a) Directed fishing for salmon; Convention, rules and regulations

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

(1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or

(2) to violate any provision of the Convention or this chapter, or of any regulation promulgated under this chapter.

(b) Civil and criminal penalties

Any person who commits any act that is unlawful under subsection (a) of this section shall—

(1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and

(2) be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C. 1859) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1)(D), (E), (F), or (H)).

(c) Civil forfeiture of vessel

Any vessel used, and any fish (or the fair market value thereof) taken or retained in any manner, in connection with or as the result of the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in, or such fish was taken or retained in connection with or as the result of, the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857).

(Pub. L. 97–389, title III, §307, Dec. 29, 1982, 96 Stat. 1953; Pub. L. 98–44, title I, §102(2), July 12, 1983, 97 Stat. 216.)

Editorial Notes

Amendments

1983—Subsec. (c). Pub. L. 98–44 inserted provision that any fish, or the fair market value thereof, taken or retained in connection with or as the result of the commission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under section 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the result of the commission of an act prohibited by section 1857 of this title.
16 U.S.C. § 803 (2024) — Title 16: CONSERVATION / Chapter 12: FEDERAL REGULATION AND DEVELOPMENT OF POWER / Subchapter I: REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES / Section 803: Conditions of license generally
Conditions of license generally
Status: in_force

All licenses issued under this subchapter shall be on the following conditions:

(a) Modification of plans; factors considered to secure adaptability of project; recommendations for proposed terms and conditions

(1) That the project adopted, including the maps, plans, and specifications, shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, for the adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat), and for other beneficial public uses, including irrigation, flood control, water supply, and recreational and other purposes referred to in section 797(e) of this title 1 if necessary in order to secure such plan the Commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval.

(2) In order to ensure that the project adopted will be best adapted to the comprehensive plan described in paragraph (1), the Commission shall consider each of the following:

(A) The extent to which the project is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a waterway or waterways affected by the project that is prepared by—

(i) an agency established pursuant to Federal law that has the authority to prepare such a plan; or

(ii) the State in which the facility is or will be located.

(B) The recommendations of Federal and State agencies exercising administration over flood control, navigation, irrigation, recreation, cultural and other relevant resources of the State in which the project is located, and the recommendations (including fish and wildlife recommendations) of Indian tribes affected by the project.

(C) In the case of a State or municipal applicant, or an applicant which is primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities), the electricity consumption efficiency improvement program of the applicant, including its plans, performance and capabilities for encouraging or assisting its customers to conserve electricity cost-effectively, taking into account the published policies, restrictions, and requirements of relevant State regulatory authorities applicable to such applicant.

(3) Upon receipt of an application for a license, the Commission shall solicit recommendations from the agencies and Indian tribes identified in subparagraphs (A) and (B) of paragraph (2) for proposed terms and conditions for the Commission's consideration for inclusion in the license.

(b) Alterations in project works

That except when emergency shall require for the protection of navigation, life, health, or property, no substantial alteration or addition not in conformity with the approved plans shall be made to any dam or other project works constructed hereunder of an installed capacity in excess of two thousand horsepower without the prior approval of the Commission; and any emergency alteration or addition so made shall thereafter be subject to such modification and change as the Commission may direct.

(c) Maintenance and repair of project works; liability of licensee for damages

That the licensee shall maintain the project works in a condition of repair adequate for the purposes of navigation and for the efficient operation of said works in the development and transmission of power, shall make all necessary renewals and replacements, shall establish and maintain adequate depreciation reserves for such purposes, shall so maintain, and operate said works as not to impair navigation, and shall conform to such rules and regulations as the Commission may from time to time prescribe for the protection of life, health, and property. Each licensee hereunder shall be liable for all damages occasioned to the property of others by the construction, maintenance, or operation of the project works or of the works appurtenant or accessory thereto, constructed under the license and in no event shall the United States be liable therefor.

(d) Amortization reserves

That after the first twenty years of operation, out of surplus earned thereafter, if any, accumulated in excess of a specified reasonable rate of return upon the net investment of a licensee in any project or projects under license, the licensee shall establish and maintain amortization reserves, which reserves shall, in the discretion of the Commission, be held until the termination of the license or be applied from time to time in reduction of the net investment. Such specified rate of return and the proportion of such surplus earnings to be paid into and held in such reserves shall be set forth in the license. For any new license issued under section 808 of this title, the amortization reserves under this subsection shall be maintained on and after the effective date of such new license.

(e) Annual charges payable by licensees; maximum rates; application; review and report to Congress

(1) That the licensee shall pay to the United States reasonable annual charges in an amount to be fixed by the Commission for the purpose of reimbursing the United States for the costs of the administration of this subchapter, including any reasonable and necessary costs incurred by Federal and State fish and wildlife agencies and other natural and cultural resource agencies in connection with studies or other reviews carried out by such agencies for purposes of administering their responsibilities under this subchapter; for recompensing it for the use, occupancy, and enjoyment of its lands or other property; and for the expropriation to the Government of excessive profits until the respective States shall make provision for preventing excessive profits or for the expropriation thereof to themselves, or until the period of amortization as herein provided is reached, and in fixing such charges the Commission shall seek to avoid increasing the price to the consumers of power by such charges, and any such charges may be adjusted from time to time by the Commission as conditions may require: Provided, That, subject to annual appropriations Acts, the portion of such annual charges imposed by the Commission under this subsection to cover the reasonable and necessary costs of such agencies shall be available to such agencies (in addition to other funds appropriated for such purposes) solely for carrying out such studies and reviews and shall remain available until expended: Provided, That when licenses are issued involving the use of Government dams or other structures owned by the United States or tribal lands embraced within Indian reservations the Commission shall, subject to the approval of the Secretary of the Interior in the case of such dams or structures in reclamation projects and, in the case of such tribal lands, subject to the approval of the Indian tribe having jurisdiction of such lands as provided in section 5123 of title 25, fix a reasonable annual charge for the use thereof, and such charges may with like approval be readjusted by the Commission at the end of twenty years after the project is available for service and at periods of not less than ten years thereafter upon notice and opportunity for hearing: Provided further, That licenses for the development, transmission, or distribution of power by States or municipalities shall be issued and enjoyed without charge to the extent such power is sold to the public without profit or is used by such State or municipality for State or municipal purposes, except that as to projects constructed or to be constructed by States or municipalities primarily designed to provide or improve navigation, licenses therefor shall be issued without charge; and that licenses for the development, transmission, or distribution of power for domestic, mining, or other beneficial use in projects of not more than two thousand horsepower installed capacity may be issued without charge, except on tribal lands within Indian reservations; but in no case shall a license be issued free of charge for the development and utilization of power created by any Government dam and that the amount charged therefor in any license shall be such as determined by the Commission: Provided however, That no charge shall be assessed for the use of any Government dam or structure by any licensee if, before January 1, 1985, the Secretary of the Interior has entered into a contract with such licensee that meets each of the following requirements:

(A) The contract covers one or more projects for which a license was issued by the Commission before January 1, 1985.

(B) The contract contains provisions specifically providing each of the following:

(i) A powerplant may be built by the licensee utilizing irrigation facilities constructed by the United States.

(ii) The powerplant shall remain in the exclusive control, possession, and ownership of the licensee concerned.

(iii) All revenue from the powerplant and from the use, sale, or disposal of electric energy from the powerplant shall be, and remain, the property of such licensee.

(C) The contract is an amendatory, supplemental and replacement contract between the United States and: (i) the Quincy-Columbia Basin Irrigation District (Contract No. 14–06–100–6418); (ii) the East Columbia Basin Irrigation District (Contract No. 14–06–100–6419); or, (iii) the South Columbia Basin Irrigation District (Contract No. 14–06–100–6420).

This paragraph shall apply to any project covered by a contract referred to in this paragraph only during the term of such contract unless otherwise provided by subsequent Act of Congress. In the event an overpayment of any charge due under this section shall be made by a licensee, the Commission is authorized to allow a credit for such overpayment when charges are due for any subsequent period.

(2) In the case of licenses involving the use of Government dams or other structures owned by the United States, the charges fixed (or readjusted) by the Commission under paragraph (1) for the use of such dams or structures shall not exceed 1 mill per kilowatt-hour for the first 40 gigawatt-hours of energy a project produces in any year, 1½ mills per kilowatt-hour for over 40 up to and including 80 gigawatt-hours in any year, and 2 mills per kilowatt-hour for any energy the project produces over 80 gigawatt-hours in any year. Except as provided in subsection (f), such charge shall be the only charge assessed by any agency of the United States for the use of such dams or structures.

(3) The provisions of paragraph (2) shall apply with respect to—

(A) all licenses issued after October 16, 1986; and

(B) all licenses issued before October 16, 1986, which—

(i) did not fix a specific charge for the use of the Government dam or structure involved; and

(ii) did not specify that no charge would be fixed for the use of such dam or structure.

(4) Every 5 years, the Commission shall review the appropriateness of the annual charge limitations provided for in this subsection and report to Congress concerning its recommendations thereon.

(f) Reimbursement by licensee of other licensees, etc.

That whenever any licensee hereunder is directly benefited by the construction work of another licensee, a permittee, or of the United States of a storage reservoir or other headwater improvement, the Commission shall require as a condition of the license that the licensee so benefited shall reimburse the owner of such reservoir or other improvements for such part of the annual charges for interest, maintenance, and depreciation thereon as the Commission may deem equitable. The proportion of such charges to be paid by any licensee shall be determined by the Commission. The licensees or permittees affected shall pay to the United States the cost of making such determination as fixed by the Commission.

Whenever such reservoir or other improvement is constructed by the United States the Commission shall assess similar charges against any licensee directly benefited thereby, and any amount so assessed shall be paid into the Treasury of the United States, to be reserved and appropriated as a part of the special fund for headwater improvements as provided in section 810 of this title.

Whenever any power project not under license is benefited by the construction work of a licensee or permittee, the United States or any agency thereof, the Commission, after notice to the owner or owners of such unlicensed project, shall determine and fix a reasonable and equitable annual charge to be paid to the licensee or permittee on account of such benefits, or to the United States if it be the owner of such headwater improvement.

(g) Conditions in discretion of commission

Such other conditions not inconsistent with the provisions of this chapter as the commission may require.

(h) Monopolistic combinations; prevention or minimization of anticompetitive conduct; action by Commission regarding license and operation and maintenance of project

(1) Combinations, agreements, arrangements, or understandings, express or implied, to limit the output of electrical energy, to restrain trade, or to fix, maintain, or increase prices for electrical energy or service are hereby prohibited.

(2) That conduct under the license that: (A) results in the contravention of the policies expressed in the antitrust laws; and (B) is not otherwise justified by the public interest considering regulatory policies expressed in other applicable law (including but not limited to those contained in subchapter II of this chapter) shall be prevented or adequately minimized by means of conditions included in the license prior to its issuance. In the event it is impossible to prevent or adequately minimize the contravention, the Commission shall refuse to issue any license to the applicant for the project and, in the case of an existing project, shall take appropriate action to provide thereafter for the operation and maintenance of the affected project and for the issuing of a new license in accordance with section 808 of this title.

(i) Waiver of conditions

In issuing licenses for a minor part only of a complete project, or for a complete project of not more than two thousand horsepower installed capacity, the Commission may in its discretion waive such conditions, provisions, and requirements of this subchapter, except the license period of fifty years, as it may deem to be to the public interest to waive under the circumstances: Provided, That the provisions hereof shall not apply to annual charges for use of lands within Indian reservations.

(j) Fish and wildlife protection, mitigation and enhancement; consideration of recommendations; findings

(1) That in order to adequately and equitably protect, mitigate damages to, and enhance, fish and wildlife (including related spawning grounds and habitat) affected by the development, operation, and management of the project, each license issued under this subchapter shall include conditions for such protection, mitigation, and enhancement. Subject to paragraph (2), such conditions shall be based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies.

(2) Whenever the Commission believes that any recommendation referred to in paragraph (1) may be inconsistent with the purposes and requirements of this subchapter or other applicable law, the Commission and the agencies referred to in paragraph (1) shall attempt to resolve any such inconsistency, giving due weight to the recommendations, expertise, and statutory responsibilities of such agencies. If, after such attempt, the Commission does not adopt in whole or in part a recommendation of any such agency, the Commission shall publish each of the following findings (together with a statement of the basis for each of the findings):

(A) A finding that adoption of such recommendation is inconsistent with the purposes and requirements of this subchapter or with other applicable provisions of law.

(B) A finding that the conditions selected by the Commission comply with the requirements of paragraph (1).

Subsection (i) shall not apply to the conditions required under this subsection.

(June 10, 1920, ch. 285, pt. I, §10, 41 Stat. 1068; renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§206, 212, 49 Stat. 842, 847; Pub. L. 87–647, Sept. 7, 1962, 76 Stat. 447; Pub. L. 90–451, §4, Aug. 3, 1968, 82 Stat. 617; Pub. L. 99–495, §§3(b), (c), 9(a), 13, Oct. 16, 1986, 100 Stat. 1243, 1244, 1252, 1257; Pub. L. 99–546, title IV, §401, Oct. 27, 1986, 100 Stat. 3056; Pub. L. 102–486, title XVII, §1701(a), Oct. 24, 1992, 106 Stat. 3008.)

Editorial Notes

References in Text

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

Amendments

1992—Subsec. (e)(1). Pub. L. 102–486, in introductory provisions, substituted "administration of this subchapter, including any reasonable and necessary costs incurred by Federal and State fish and wildlife agencies and other natural and cultural resource agencies in connection with studies or other reviews carried out by such agencies for purposes of administering their responsibilities under this subchapter;" for "administration of this subchapter;" and inserted "Provided, That, subject to annual appropriations Acts, the portion of such annual charges imposed by the Commission under this subsection to cover the reasonable and necessary costs of such agencies shall be available to such agencies (in addition to other funds appropriated for such purposes) solely for carrying out such studies and reviews and shall remain available until expended:" after "as conditions may require:".

1986—Subsec. (a). Pub. L. 99–495, §3(b), designated existing provisions as par. (1), inserted "for the adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat)," after "water-power development", inserted "irrigation, flood control, water supply, and" after "including", which words were inserted after "public uses, including" as the probable intent of Congress, substituted "and other purposes referred to in section 797(e) of this title" for "purposes; and", and added pars. (2) and (3).

Subsec. (e). Pub. L. 99–546 inserted proviso that no charge be assessed for use of Government dam or structure by licensee if, before Jan. 1, 1985, licensee and Secretary entered into contract which met requirements of date of license, powerplant construction, ownership, and revenue, etc.

Pub. L. 99–495, §9(a), designated existing provisions as par. (1) and added pars. (2) to (4).

Subsec. (h). Pub. L. 99–495, §13, designated existing provisions as par. (1) and added par. (2).

Subsec. (j). Pub. L. 99–495, §3(c), added subsec. (j).

1968—Subsec. (d). Pub. L. 90–451 provided for maintenance of amortization reserves on and after effective date of new licenses.

1962—Subsecs. (b), (e), (i). Pub. L. 87–647 substituted "two thousand horsepower" for "one hundred horsepower".

1935—Subsec. (a). Act Aug. 26, 1935, §206, substituted "plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial uses, including recreational purposes" for "scheme of improvement and utilization for the purposes of navigation, of water-power development, and of other beneficial public uses," and "such plan" for "such scheme".

Subsec. (b). Act Aug. 26, 1935, §206, inserted "installed" before "capacity".

Subsec. (d). Act Aug. 26, 1935, §206, substituted "net investment" for "actual, legitimate investment".

Subsec. (e). Act Aug. 26, 1935, §206, amended subsec. (e) generally.

Subsec. (f). Act Aug. 26, 1935, §206, inserted last sentence to first par., and inserted last par.

Subsec. (i). Act Aug. 26, 1935, §206, inserted "installed" before "capacity", and "annual charges for use of" before "lands" in proviso.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.

Savings Provision

Pub. L. 99–495, §9(b), Oct. 16, 1986, 100 Stat. 1252, provided that: "Nothing in this Act [see Short Title of 1986 Amendment note set out under section 791a of this title] shall affect any annual charge to be paid pursuant to section 10(e) of the Federal Power Act [16 U.S.C. 803(e)] to Indian tribes for the use of their lands within Indian reservations."

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (e)(4) of this section relating to reporting recommendations to Congress every 5 years, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 91 of House Document No. 103–7.

Obligation for Payment of Annual Charges

Pub. L. 115–270, title III, §3001(c), Oct. 23, 2018, 132 Stat. 3862, provided that: "Any obligation of a licensee or exemptee for the payment of annual charges under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) for a project that has not commenced construction as of the date of enactment of this Act [Oct. 23, 2018] shall commence not earlier than the latest of—

"(1) the date by which the licensee or exemptee is required to commence construction; or

"(2) the date of any extension of the deadline under paragraph (1)."

1 So in original. Probably should be followed by "; and".
16 U.S.C. § 19f (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter III: NATIONAL PARK FOUNDATION / Section 19f: Repealed. Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272
Repealed. Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272
Status: repealed

Section, Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656, related to the Board of the National Park Foundation. See section 101112 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 263 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XXVIII: CUMBERLAND GAP NATIONAL HISTORICAL PARK / Section 263: Acceptance of donations
Acceptance of donations
Status: in_force

The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property within the boundaries of the said historical park as determined and fixed under this subchapter, and donations of funds for the purchase and maintenance thereof: Provided, That he may acquire on behalf of the United States out of any donated funds, by purchase at prices deemed by him reasonable, or by condemnation under the provisions of section 3113 of title 40, such tracts of land within said historical park as may be necessary for the completion thereof. The title to any lands or interests in lands to be acquired pursuant to this subchapter shall be satisfactory to the Secretary of the Interior.

(June 11, 1940, ch. 304, §3, 54 Stat. 263.)

Editorial Notes

Codification

"Section 3113 of title 40" substituted in text for "the Act of August 1, 1888" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
16 U.S.C. § 441k (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 441k: Acquisition of property for park
Acquisition of property for park
Status: in_force

(a) Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency

Subject to the provisions of subsection (b) hereof, the Secretary of the Interior may, within the boundaries of the park, acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivision thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of owner. Notwithstanding any other provision of law, lands and interests in lands located within the park under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the Secretary without a transfer of funds.

(b) Easements

As to lands located within the boundaries of the park but outside the boundaries of the gunnery range referred to in section 441l of this title, the Secretary of the Interior may acquire only rights-of-way and scenic easements.

(Pub. L. 90–468, §2, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, §611, Nov. 10, 1978, 92 Stat. 3521.)

Statutory Notes and Related Subsidiaries

Change of Name

Word "park" substituted in text for "monument" pursuant to Pub. L. 95–625, §611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 4402 (2024) — Title 16: CONSERVATION / Chapter 64: NORTH AMERICAN WETLANDS CONSERVATION / Section 4402: Definitions
Definitions
Status: in_force

For the purposes of this chapter:

(1) The term "Agreement" means the Tripartite Agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service.

(2) The term "appropriate Committees" means the Committee on Environment and Public Works of the United States Senate and the Committee on Resources of the House of Representatives.

(3) The term "flyway" means the four administrative units used by the United States Fish and Wildlife Service and the States in the management of waterfowl populations.

(4) The term "Migratory Bird Conservation Commission" means that commission established by section 715a of this title.

(5) The term "migratory birds" means all wild birds native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.], including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901–2912).

(6) The term "Plan" means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada and the Secretary of the Interior for the United States in May 1986, and by the Secretary of Sedesol for Mexico in 1994, and subsequent dates.

(7) The term "Secretary" means the Secretary of the Interior.

(8) The term "State" means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.

(9) The term "wetlands conservation project" means—

(A) the obtaining of a real property interest in lands or waters, including water rights, of a wetland ecosystem and associated habitat if the obtaining of such interest is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon;

(B) the restoration, management, or enhancement of wetland ecosystems and associated habitat for migratory birds and other fish and wildlife species if such restoration, management, or enhancement is conducted on lands and waters that are administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon; and

(C) in the case of projects undertaken in Mexico, includes technical training and development of infrastructure necessary for the conservation and management of wetlands and studies on the sustainable use of wetland resources.

(Pub. L. 101–233, §3, Dec. 13, 1989, 103 Stat. 1969; Pub. L. 107–308, §§4, 8(a)(3)–(5), Dec. 2, 2002, 116 Stat. 2446, 2447.)

Editorial Notes

References in Text

The Migratory Bird Treaty Act, referred to in par. (5), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.

The Endangered Species Act of 1973, referred to in par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Fish and Wildlife Conservation Act of 1980, referred to in par. (5), is Pub. L. 96–366, Sept. 29, 1980, 94 Stat. 1322, which is classified generally to chapter 49 (§2901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2901 of this title and Tables.

Amendments

2002—Par. (2). Pub. L. 107–308, §8(a)(3), substituted "Committee on Resources of the House of Representatives" for "Committee on Merchant Marine and Fisheries of the United States House of Representatives".

Par. (5). Pub. L. 107–308, §8(a)(4), inserted "of 1973" after "Endangered Species Act".

Par. (6). Pub. L. 107–308, §8(a)(5), inserted ", and by the Secretary of Sedesol for Mexico in 1994, and subsequent dates" after "1986".

Par. (9)(A). Pub. L. 107–308, §4(1), inserted "of a wetland ecosystem and associated habitat" after "including water rights,".

Par. (9)(B). Pub. L. 107–308, §4(2), substituted "and associated habitat" for "and other habitat".

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 760aa (2024) — Title 16: CONSERVATION / Chapter 9B: NATIONAL FISH HATCHERY SYSTEM ENHANCEMENT / Section 760aa: Findings and purposes
Findings and purposes
Status: in_force

(a) Findings

Congress finds the following:

(1) The National Fish Hatchery System (in this chapter referred to as the "System")—

(A) consists of more than 60 hatcheries, seven fish technology centers, 9 fish health centers, and other fisheries program offices;

(B) plays an integral role in the recovery of more than 50 threatened species and endangered species and the restoration of over 100 native species;

(C) provides healthy fish populations that support recreational fishing opportunities, many of which are related to Federal water control structures; and

(D) works with over 250 partners to help mitigate the impacts of aquatic habitat loss and invasive species.

(2) The System faces many challenges, including aging facilities, some of which date back to the late 1800s, and maintenance of intensive infrastructures such as wells, pumps, valves, pipes, filters, heaters, chillers, and treatment systems that must keep clean water moving 24 hours a day, 365 days a year.

(3) By encouraging volunteer programs and donations and fostering non-Federal partnerships with hatchery facilities, Federal funding for the hatcheries can be supplemented.

(4) By encouraging hatchery educational programs, public awareness of the resources of the System and public participation in the conservation of aquatic resources can be promoted.

(b) Purposes

The purposes of this chapter are the following:

(1) To encourage the use of volunteers to assist the United States Fish and Wildlife Service in the management of hatcheries within the System.

(2) To facilitate partnerships between the System and non-Federal entities to promote public awareness of the resources of the System and public participation in the conservation of those resources.

(3) To encourage donations and other contributions by individuals and organizations to the System.

(Pub. L. 109–360, §2, Oct. 16, 2006, 120 Stat. 2058.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 109–360, §1, Oct. 16, 2006, 120 Stat. 2058, provided that: "This Act [enacting this chapter] may be cited as the 'National Fish Hatchery System Volunteer Act of 2006'."
16 U.S.C. § 1881a (2024) — Title 16: CONSERVATION / Chapter 38: FISHERY CONSERVATION AND MANAGEMENT / Subchapter V: FISHERY MONITORING AND RESEARCH / Section 1881a: Information collection
Information collection
Status: in_force

(a) Collection programs

(1) Council requests

If a Council determines that additional information would be beneficial for developing, implementing, or revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information collection program for the fishery which would provide the types of information specified by the Council. The Secretary shall undertake such an information collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for an information collection program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request.

(2) Secretarial initiation

If the Secretary determines that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Secretary may, by regulation, implement an information collection or observer program requiring submission of such additional information for the fishery.

(b) Confidentiality of information

(1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this chapter shall be confidential and shall not be disclosed except—

(A) to Federal employees and Council employees who are responsible for fishery management plan development, monitoring, or enforcement;

(B) to State or Marine Fisheries Commission employees as necessary to further the Department's mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any person;

(C) to State employees who are responsible for fishery management plan enforcement, if the States employing those employees have entered into a fishery enforcement agreement with the Secretary and the agreement is in effect;

(D) when required by court order;

(E) when such information is used by State, Council, or Marine Fisheries Commission employees to verify catch under a limited access program, but only to the extent that such use is consistent with subparagraph (B);

(F) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this chapter;

(G) when such information is required to be submitted to the Secretary for any determination under a limited access program;

(H) in support of homeland and national security activities, including the Coast Guard's homeland security missions as defined in section 468(a)(2) of title 6; or

(I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement.

(2) Any observer information shall be confidential and shall not be disclosed, except in accordance with the requirements of subparagraphs (A) through (H) of paragraph (1), or—

(A) as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to allow disclosure to the public of weekly summary bycatch information identified by vessel or for haul-specific bycatch information without vessel identification;

(B) when such information is necessary in proceedings to adjudicate observer certifications; or

(C) as authorized by any regulations issued under paragraph (3) allowing the collection of observer information, pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting disclosure of the information by the observers or observer employers, in order—

(i) to allow the sharing of observer information among observers and between observers and observer employers as necessary to train and prepare observers for deployments on specific vessels; or

(ii) to validate the accuracy of the observer information collected.

(3) The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this chapter, except that the Secretary may release or make public any such information in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any information submitted in compliance with any requirement or regulation under this chapter or the use, release, or publication of bycatch information pursuant to paragraph (2)(A).

(c) Restriction on use of certain information

(1) The Secretary shall promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this chapter, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Endangered Species Act (16 U.S.C. 1531 et seq.), of information collected by voluntary fishery data collectors, including sea samplers, while aboard any vessel for conservation and management purposes if the presence of such a fishery data collector aboard is not required by any of such chapter or Acts or regulations thereunder.

(2) The Secretary may not require the submission of a Federal or State income tax return or statement as a prerequisite for issuance of a permit until such time as the Secretary has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated conservation and management purpose, and to provide appropriate penalties for violation of such regulations.

(d) Contracting authority

Notwithstanding any other provision of law, the Secretary may provide a grant, contract, or other financial assistance on a sole-source basis to a State, Council, or Marine Fisheries Commission for the purpose of carrying out information collection or other programs if—

(1) the recipient of such a grant, contract, or other financial assistance is specified by statute to be, or has customarily been, such State, Council, or Marine Fisheries Commission; or

(2) the Secretary has entered into a cooperative agreement with such State, Council, or Marine Fisheries Commission.

(e) Resource assessments

(1) The Secretary may use the private sector to provide vessels, equipment, and services necessary to survey the fishery resources of the United States when the arrangement will yield statistically reliable results.

(2) The Secretary, in consultation with the appropriate Council and the fishing industry—

(A) may structure competitive solicitations under paragraph (1) so as to compensate a contractor for a fishery resources survey by allowing the contractor to retain for sale fish harvested during the survey voyage;

(B) in the case of a survey during which the quantity or quality of fish harvested is not expected to be adequately compensatory, may structure those solicitations so as to provide that compensation by permitting the contractor to harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed fishery; and

(C) may permit fish harvested during such survey to count toward a vessel's catch history under a fishery management plan if such survey was conducted in a manner that precluded a vessel's participation in a fishery that counted under the plan for purposes of determining catch history.

(3) The Secretary shall undertake efforts to expand annual fishery resource assessments in all regions of the Nation.

(Pub. L. 94–265, title IV, §402, as added Pub. L. 104–297, title II, §203, Oct. 11, 1996, 110 Stat. 3607; amended Pub. L. 109–479, §3(d)(1)(A), title II, §§202, 203(a), Jan. 12, 2007, 120 Stat. 3578, 3612, 3613; Pub. L. 117–263, div. K, title CXIII, §11333, Dec. 23, 2022, 136 Stat. 4100.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(1), (3) and (c)(1), was in the original "this Act", meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(1)(I), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title.

The Marine Mammal Protection Act of 1972, referred to in subsec. (c)(1), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.

The Endangered Species Act, referred to in subsec. (c)(1), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

Prior Provisions

A prior section 402 of Pub. L. 94–265 repealed former sections 1081 to 1086 and 1091 to 1094 of this title, prior to being amended generally by Pub. L. 104–297.

Amendments

2022—Subsec. (b)(1)(I). Pub. L. 117–263 added subpar. (I).

2007—Subsec. (a). Pub. L. 109–479, §202, substituted "Collection programs" for "Council requests" in heading, designated existing provisions as par. (1), inserted heading, realigned margins, in first sentence, struck out "(other than information that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations)" after "additional information" and "types of information", in last sentence, substituted "paragraph" for "subsection", and added par. (2).

Subsec. (b). Pub. L. 109–479, §203(a)(1), (2), added pars. (1) and (2), redesignated former par. (2) as (3) and realigned margins, and struck out former par. (1) which related to confidentiality of information submitted to the Secretary and exceptions.

Subsec. (b)(1)(D). Pub. L. 109–479, §3(d)(1)(A), substituted "a limited access privilege" for "an individual fishing quota".

Subsec. (b)(3). Pub. L. 109–479, §203(a)(3), substituted "(2)(A)." for "(1)(E)."
16 U.S.C. § 460cccc (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter CXL: JOHN WESLEY POWELL NATIONAL CONSERVATION AREA / Section 460cccc: John Wesley Powell National Conservation Area
John Wesley Powell National Conservation Area
Status: in_force

(a) Definitions

In this section:

(1) Map

The term "Map" means the Bureau of Land Management map entitled "Proposed John Wesley Powell National Conservation Area" and dated December 10, 2018.

(2) National Conservation Area

The term "National Conservation Area" means the John Wesley Powell National Conservation Area established by subsection (b)(1).

(b) Establishment

(1) In general

Subject to valid existing rights, there is established the John Wesley Powell National Conservation Area in the State of Utah.

(2) Area included

The National Conservation Area shall consist of approximately 29,868 acres of public land administered by the Bureau of Land Management as generally depicted on the Map.

(c) Purposes

The purposes of the National Conservation Area are to conserve, protect, and enhance for the benefit of present and future generations the nationally significant historic, cultural, natural, scientific, scenic, recreational, archaeological, educational, and wildlife resources of the National Conservation Area.

(d) Map and legal description

(1) In general

As soon as practicable after March 12, 2019, the Secretary shall prepare and file a map and legal description of the National Conservation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

(2) Effect

The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.

(3) Availability

A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(e) Management

The Secretary shall manage the National Conservation Area—

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

(2) in accordance with—

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

(B) this section; and

(C) any other applicable law; and

(3) as a component of the National Landscape Conservation System.

(4) Management plan

(A) In general.—Not later than 2 years after March 12, 2019, the Secretary shall develop a management plan for the National Conservation Area.

(B) Consultation.—The Secretary shall prepare the management plan—

(i) in consultation and coordination with the State of Utah, Uintah County, and affected Indian Tribes; and

(ii) after providing for public input.

(f) Uses

The Secretary shall only allow such uses of the National Conservation Area as the Secretary determines would further the purposes for which the National Conservation is established.

(g) Acquisition

(1) In general

The Secretary may acquire land or interests in land within the boundaries of the National Conservation Area by purchase from a willing seller, donation, or exchange.

(2) Incorporation in National Conservation Area

Any land or interest in land located inside the boundary of the National Conservation Area that is acquired by the United States after March 12, 2019, shall be added to and administered as part of the National Conservation Area.

(3) State land

On request of the Utah School and Institutional Trust Lands Administration and, if practicable, not later than 5 years after March 12, 2019, the Secretary shall seek to acquire all State-owned land within the boundaries of the National Conservation Area by exchange or purchase, subject to the appropriation of necessary funds.

(h) Motorized vehicles

(1) In general

Subject to paragraph (2), except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated in the management plan.

(2) Use of motorized vehicles prior to completion of management plan

Prior to completion of the management plan, the use of motorized vehicles within the National Conservation Area shall be permitted in accordance with the applicable Bureau of Land Management resource management plan.

(i) Grazing

The grazing of livestock in the National Conservation Area, where established before March 12, 2019, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—

(1) applicable law (including regulations);

(2) the purposes of the National Conservation Area; and

(3) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).

(j) Fish and wildlife

Nothing in this section affects the jurisdiction of the State of Utah with respect to the management of fish and wildlife on Federal land in the State.

(k) Wildlife water projects

The Secretary, in consultation with the State of Utah, may authorize wildlife water projects (including guzzlers) within the National Conservation Area.

(l) Greater sage-grouse conservation projects

Nothing in this section affects the authority of the Secretary to undertake Greater sage-grouse (Centrocercus urophasianus) conservation projects to maintain and improve Greater sage-grouse habitat, including the management of vegetation through mechanical means, to further the purposes of the National Conservation Area.

(m) Water rights

Nothing in this section—

(1) constitutes an express or implied reservation by the United States of any water rights with respect to the National Conservation Area;

(2) affects any water rights in the State;

(3) affects the use or allocation, in existence on March 12, 2019, of any water, water right, or interest in water;

(4) affects any vested absolute or decreed conditional water right in existence on March 12, 2019, including any water right held by the United States;

(5) affects any interstate water compact in existence on March 12, 2019; or

(6) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before March 12, 2019.

(n) No buffer zones

(1) In general

Nothing in this section creates a protective perimeter or buffer zone around the National Conservation Area.

(2) Activities outside National Conservation Area

The fact that an authorized activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the Area.

(o) Withdrawal

(1) In general

Subject to valid existing rights, all Federal land in the National Conservation Area (including any land acquired after March 12, 2019) is withdrawn from—

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

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

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

(p) Vegetation management

Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the National Conservation Area that are consistent with this section and that further the purposes of the National Conservation Area.

(q) Wildland fire operations

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

(r) Recreation fees

Except for improved campgrounds, the Secretary is prohibited from collecting recreation entrance or use fees within the National Conservation Area.

(s) Outfitting and guide activities

Outfitting and guide services within the National Conservation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations).

(t) Non-Federal land

(1) In general

Nothing in this section affects non-Federal land or interests in non-Federal land within the National Conservation Area.

(2) Reasonable access

The Secretary shall provide reasonable access to non-Federal land or interests in non-Federal land within the National Conservation Area.

(u) Research and interpretive management

The Secretary may establish programs and projects for the conduct of scientific, historical, cultural, archeological, and natural studies through the use of public and private partnerships that further the purposes of the National Conservation Area.

(Pub. L. 116–9, title I, §1118, Mar. 12, 2019, 133 Stat. 627.)

Editorial Notes

References in Text

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

Prior Provisions

A prior section 460cccc, Pub. L. 115–141, div. G, title I, §121(a)(2), Mar. 23, 2018, 132 Stat. 661, which related to Ste. Genevieve National Historical Park, was transferred to section 410xxx of this title.

Statutory Notes and Related Subsidiaries

Definition of "Secretary"

"Secretary" as meaning the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of this title.
16 U.S.C. § 460lll (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter CXXIII: LAND BETWEEN THE LAKES PROTECTION / Section 460lll: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Administrator

The term "Administrator" means the Administrator of the Environmental Protection Agency.

(2) Advisory Board

The term "Advisory Board" means the Land Between the Lakes Advisory Board established under section 460lll–22 of this title.

(3) Chairman

The term "Chairman" means the Chairman of the Board of Directors of the Tennessee Valley Authority.

(4) Eligible employee

The term "eligible employee" means a person that was, on the date of transfer pursuant to section 460lll–41 of this title, a full-time or part-time annual employee of the Tennessee Valley Authority at the Recreation Area.

(5) Environmental law

(A) In general

The term "environmental law" means all applicable Federal, State, and local laws (including regulations) and requirements related to protection of human health, natural and cultural resources, or the environment.

(B) Inclusions

The term "environmental law" includes—

(i) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(iv) the Clean Air Act (42 U.S.C. 7401 et seq.);

(v) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);

(vi) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);

(vii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(viii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(ix) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(6) Forest highway

The term "forest highway" has the meaning given the term in section 101(a) of title 23.1

(7) Governmental unit

The term "governmental unit" means an agency of the Federal Government or a State or local government, local governmental unit, public or municipal corporation, or unit of a State university system.

(8) Hazardous substance

The term "hazardous substance" has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(9) Person

The term "person" has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(10) Pollutant or contaminant

The term "pollutant or contaminant" has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(11) Qualified resident or relative

The term "qualified resident or relative" means—

(A) a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or

(B) a widow, widower, or lineal descendant of an individual buried in a cemetery located in the Recreation Area.

(12) Recreation Area

The term "Recreation Area" means the Land Between the Lakes National Recreation Area.

(13) Release

The term "release" has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(14) Response action

The term "response action" has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(15) Secretary

The term "Secretary" means the Secretary of Agriculture.

(16) State

The term "State" means the State of Kentucky and the State of Tennessee.

(Pub. L. 105–277, div. A, §101(e) [title V, §502], Oct. 21, 1998, 112 Stat. 2681–231, 2681–310; Pub. L. 117–328, div. DD, title II, §201(a), Dec. 29, 2022, 136 Stat. 5581.)

Editorial Notes

References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in par. (5)(B)(i), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§9601 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 9601 of Title 42 and Tables.

The Solid Waste Disposal Act, referred to in par. (5)(B)(ii), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 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 6901 of Title 42 and Tables.

The Federal Water Pollution Control Act, referred to in par. (5)(B)(iii), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Clean Air Act, referred to in par. (5)(B)(iv), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 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 7401 of Title 42 and Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in par. (5)(B)(v), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables.

The Toxic Substances Control Act, referred to in par. (5)(B)(vi), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.

The Safe Drinking Water Act, referred to in par. (5)(B)(vii), is title XIV of act July 1, 1944, as added Pub. L. 93–523, §2(a), Dec. 16, 1974, 88 Stat. 1660, which is classified generally to subchapter XII (§300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in par. (5)(B)(viii), 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 Endangered Species Act of 1973, referred to in par. (5)(B)(ix), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

Section 101(a) of title 23, referred to in par. (6), was subsequently amended, and section 101(a) no longer defines "forest highway".

Amendments

2022—Pars. (11) to (16). Pub. L. 117–328 added par. (11) and redesignated former pars. (11) to (15) as (12) to (16), respectively.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 105–277, div. A, §101(e) [title V, §501], Oct. 21, 1998, 112 Stat. 2681–231, 2681–310, provided that: "This title [enacting this subchapter] may be referred to as 'The Land Between the Lakes Protection Act of 1998'."

1 See References in Text note below.
16 U.S.C. § 1361 (2024) — Title 16: CONSERVATION / Chapter 31: MARINE MAMMAL PROTECTION / Subchapter I: GENERALLY / Section 1361: Congressional findings and declaration of policy
Congressional findings and declaration of policy
Status: in_force

The Congress finds that—

(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man's activities;

(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man's actions;

(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;

(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;

(5) marine mammals and marine mammal products either—

(A) move in interstate commerce, or

(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,

and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and

(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Congress that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the carrying capacity of the habitat.

(Pub. L. 92–522, §2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97–58, §1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103–238, §3, Apr. 30, 1994, 108 Stat. 532.)

Editorial Notes

Amendments

1994—Par. (2). Pub. L. 103–238, §3(1), inserted "essential habitats, including" after "made to protect".

Par. (5). Pub. L. 103–238, §3(2), inserted "and their habitats" before "is therefore necessary" in concluding provisions.

1981—Par. (6). Pub. L. 97–58 substituted "carrying capacity" for "optimum carrying capacity".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 92–522, §4, Oct. 21, 1972, 86 Stat. 1029, provided that: "The provisions of this Act [enacting this chapter] shall take effect upon the expiration of the sixty-day period following the date of its enactment [Oct. 21, 1972]."

Short Title of 2018 Amendment

Pub. L. 115–329, §1, Dec. 18, 2018, 132 Stat. 4475, provided that: "This Act [amending section 1389 of this title and enacting provisions set out as a note under section 1389 of this title] may be cited as the 'Endangered Salmon Predation Prevention Act'."

Short Title of 2007 Amendment

Pub. L. 109–479, title IX, §901, Jan. 12, 2007, 120 Stat. 3660, provided that: "This title [enacting subchapter VI of this chapter and amending section 1377 of this title] may be cited as the 'United States-Russia Polar Bear Conservation and Management Act of 2006'."

Short Title of 2000 Amendment

Pub. L. 106–555, §1, Dec. 21, 2000, 114 Stat. 2765, provided that: "This Act [enacting section 1421f–1 of this title, amending sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a to 5108, and 5156 of this title, enacting provisions set out as notes under this section and sections 917a, 1433, 5101, and 5107 of this title, and amending provisions set out as a note under section 1855 of this title] may be cited as the 'Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000'."

Pub. L. 106–555, title II, §201, Dec. 21, 2000, 114 Stat. 2767, provided that: "This title [enacting section 1421f–1 of this title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this title, enacting provisions set out as notes under sections 917a and 1433 of this title, and amending provisions set out as a note under section 1855 of this title] may be cited as the 'Marine Mammal Rescue Assistance Act of 2000'."

Short Title of 1997 Amendment

Pub. L. 105–42, §1(a), Aug. 15, 1997, 111 Stat. 1122, provided that: "This Act [enacting sections 962, 1412, 1413, 1414a to 1416 of this title, amending sections 952, 953, 1362, 1371, 1374, 1378, 1380, 1385, 1411, and 1417 of this title, repealing sections 1412 to 1416 and 1418 of this title, and enacting provisions set out as notes under this section and section 1362 of this title] may be cited as the 'International Dolphin Conservation Program Act'."

Short Title of 1994 Amendment

Pub. L. 103–238, §1, Apr. 30, 1994, 108 Stat. 532, provided that: "This Act [enacting sections 1386 to 1389 of this title, amending this section and sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384, 1407, 1421 to 1421h, and 4107 of this title, repealing sections 1384 and 1407 of this title, and enacting provisions set out as notes under this section and sections 1362, 1374, 1538, and 1539 of this title] may be cited as the 'Marine Mammal Protection Act Amendments of 1994'."

Short Title of 1992 Amendments

Pub. L. 102–587, title III, §3001, Nov. 4, 1992, 106 Stat. 5059, provided that: "This title [enacting subchapter V of this chapter, amending sections 1362, 1372, 1379, and 1382 of this title and section 183c of Title 46, Appendix, Shipping, and enacting provisions set out as notes under sections 1421 and 1421a of this title] may be cited as the 'Marine Mammal Health and Stranding Response Act'."

Pub. L. 102–523, §1, Oct. 26, 1992, 106 Stat. 3425, provided that: "This Act [enacting subchapter IV of this chapter and amending sections 952, 953, 973r, and 1362 of this title] may be cited as the 'International Dolphin Conservation Act of 1992'."

Short Title of 1988 Amendment

Pub. L. 100–711, §1, Nov. 23, 1988, 102 Stat. 4755, provided: "That this Act [enacting sections 1383a and 1383b of this title, amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402, and 1407 of this title and section 1978 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as a note under this section, and amending provisions set out as a note under section 1384 of this title] may be cited as the 'Marine Mammal Protection Act Amendments of 1988'."

Short Title

Pub. L. 92–522, §1, Oct. 21, 1972, 86 Stat. 1027, provided in part that: "This Act [enacting this chapter] may be cited as the 'Marine Mammal Protection Act of 1972'."

Regulations

Pub. L. 103–238, §15(b), Apr. 30, 1994, 108 Stat. 559, provided that: "Except as provided otherwise in this Act [see Short Title of 1994 Amendment note above], or the amendments to the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall, after notice and opportunity for public comment, promulgate regulations to implement this Act and the amendments made by this Act by January 1, 1995."

Purposes and Findings

Pub. L. 105–42, §2, Aug. 15, 1997, 111 Stat. 1122, provided that:

"(a) Purposes.—The purposes of this Act [see Short Title of 1997 Amendment note above] are—

"(1) to give effect to the Declaration of Panama, signed October 4, 1995, by the Governments of Belize, Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the United States of America, Vanuatu, and Venezuela, including the establishment of the International Dolphin Conservation Program, relating to the protection of dolphins and other species, and the conservation and management of tuna in the eastern tropical Pacific Ocean;

"(2) to recognize that nations fishing for tuna in the eastern tropical Pacific Ocean have achieved significant reductions in dolphin mortality associated with that fishery; and

"(3) to eliminate the ban on imports of tuna from those nations that are in compliance with the International Dolphin Conservation Program.

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

"(1) the nations that fish for tuna in the eastern tropical Pacific Ocean have achieved significant reductions in dolphin mortality associated with the purse seine fishery from hundreds of thousands annually to fewer than 5,000 annually;

"(2) the provisions of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.] that impose a ban on imports from nations that fish for tuna in the eastern tropical Pacific Ocean have served as an incentive to reduce dolphin mortalities;

"(3) tuna canners and processors of the United States have led the canning and processing industry in promoting a dolphin-safe tuna market; and

"(4) 12 signatory nations to the Declaration of Panama, including the United States, agreed under that Declaration to require that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean not exceed 5,000 animals, with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and with the goal of eliminating dolphin mortality."

Relationship of Marine Mammal Protection Act Amendments of 1994 to Other Law

Pub. L. 103–238, §2(b), Apr. 30, 1994, 108 Stat. 532, provided that: "Except as otherwise expressly provided, nothing in this Act [see Short Title of 1994 Amendment note above] is intended to amend, repeal, or otherwise affect any other provision of law."

Indian Treaty Rights; Alaska Native Subsistence

Pub. L. 103–238, §14, Apr. 30, 1994, 108 Stat. 558, provided that: "Nothing in this Act [see Short Title of 1994 Amendment note above], including any amendments to the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.] made by this Act—

"(1) alters or is intended to alter any treaty between the United States and one or more Indian tribes; or

"(2) affects or otherwise modifies the provisions of section 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(b)), except as specifically provided in the amendment made by section 4(b) of this Act [amending section 1371 of this title]."

Study on Effects of Dolphin Feeding

Pub. L. 102–567, title III, §306, Oct. 29, 1992, 106 Stat. 4284, directed Secretary of Commerce to conduct a study in the eastern Gulf of Mexico on the effects of feeding of noncaptive dolphins by human beings, such study to be designed to detect any behavior or diet modification resulting from this feeding and to identify the effects, if any, of these modifications on the health and well-being of the dolphins, directed Secretary to consult with National Academy of Sciences and Marine Mammal Commission in design and conduct of the study, and directed Secretary, within 18 months after Oct. 29, 1992, to submit to Congress a report on results of the study.

Study on Mortality of Atlantic Dolphin

Pub. L. 100–711, §7, Nov. 23, 1988, 102 Stat. 4771, directed Secretary of Commerce to conduct a study regarding east coast epidemic during 1987 and 1988 which caused substantial mortality within North Atlantic coastal population of Atlantic bottle-nosed dolphin, such study to examine (1) cause or causes of epidemic, (2) effect of epidemic on coastal and offshore populations of Atlantic bottle-nosed dolphin, (3) extent to which pollution may have contributed to epidemic, (4) whether other species and populations of marine mammals were affected by those factors which contributed to epidemic, and (5) any other matters pertaining to causes and effects of epidemic, with Secretary to submit on or before Jan. 1, 1989, to Committee on Commerce, Science, and Transportation of the Senate and Committee on Merchant Marine and Fisheries of the House of Representatives a plan for conducting the study.

International Discussion To Advance Understanding of Cetacean Life

Pub. L. 95–426, title VI, §602, Oct. 7, 1978, 92 Stat. 985, provided that: "It is the sense of the Congress that the President should convey to all countries having an interest in cetacean sea life the serious concern of the Congress regarding the continuing destruction of these marine mammals (highlighted by the recent slaughter of dolphins in the Sea of Japan by Japanese fishermen) and should encourage such countries—

"(1) to join in international discussions with other such countries in order to advance general understanding of cetacean life and thereby facilitate an effective use of the living marine resources of the world which does not jeopardize the natural balance of the aquatic environment;

"(2) to participate in an exchange of information with the National Marine Fisheries Service of the United States Department of Commerce, including cooperation in studies of—

"(A) the impact of cetaceans on ecologically related human foodstuffs, and

"(B) alternative methods of dealing with cetacean problems as they occur;

"(3) to cooperate in establishing an international cetacean commission to advance understanding of cetacean life and to insure the effective conservation and protection of cetaceans on a global scale; and

"(4) to adopt comprehensive marine mammal protection legislation."
16 U.S.C. § 1414 (2024) — Title 16: CONSERVATION / Chapter 31: MARINE MAMMAL PROTECTION / Subchapter IV: INTERNATIONAL DOLPHIN CONSERVATION PROGRAM / Section 1414: Repealed. Pub. L. 105-42, §6(c), Aug. 15, 1997, 111 Stat. 1130
Repealed. Pub. L. 105-42, §6(c), Aug. 15, 1997, 111 Stat. 1130
Status: repealed

Section, Pub. L. 92–522, title III, §304, as added Pub. L. 102–523, §2(a), Oct. 26, 1992, 106 Stat. 3428, related to reviews, reports, and recommendations by Secretary of Commerce.

A prior section 304 of Pub. L. 92–522 was renumbered section 404 and is classified to section 1421c of this title.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

For effective date of repeal, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title.
16 U.S.C. § 2631 (2024) — Title 16: CONSERVATION / Chapter 46: PUBLIC UTILITY REGULATORY POLICIES / Subchapter III: INTERVENTION AND JUDICIAL REVIEW / Section 2631: Intervention in proceedings
Intervention in proceedings
Status: in_force

(a) Authority to intervene and participate

In order to initiate and participate in the consideration of one or more of the standards established by subchapter II or other concepts which contribute to the achievement of the purposes of this chapter, the Secretary, any affected electric utility, or any electric consumer of an affected electric utility may intervene and participate as a matter of right in any ratemaking proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by a nonregulated electric utility.

(b) Access to information

Any intervenor or participant in a proceeding described in subsection (a) shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his intervention or participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State regulatory authority (in the case of proceedings concerning electric utilities for which it has ratemaking authority) or by the nonregulated electric utility (in the case of a proceeding conducted by a nonregulated electric utility).

(c) Effective date; procedures

Any intervention or participation under this section, in any proceeding commenced before November 9, 1978, but not completed before such date, shall be permitted under this section only to the extent such intervention or participation is timely under otherwise applicable law.

(Pub. L. 95–617, title I, §121, Nov. 9, 1978, 92 Stat. 3128.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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. § 3954 (2024) — Title 16: CONSERVATION / Chapter 59A: WETLANDS / Section 3954: National coastal wetlands conservation grants
National coastal wetlands conservation grants
Status: in_force

(a) Matching grants

The Director shall, with the funds made available in accordance with section 3955 of this title, make matching grants to any coastal State to carry out coastal wetlands conservation projects from funds made available for that purpose.

(b) Priority

Subject to the cost-sharing requirements of this section, the Director may grant or otherwise provide any matching moneys to any coastal State which submits a proposal substantial in character and design to carry out a coastal wetlands conservation project. In awarding such matching grants, the Director shall give priority to coastal wetlands conservation projects that are—

(1) consistent with the National Wetlands Priority Conservation Plan developed under section 3921 of this title; and

(2) in coastal States that have established dedicated funding for programs to acquire coastal wetlands, natural areas and open spaces. In addition, priority consideration shall be given to coastal wetlands conservation projects in maritime forests on coastal barrier islands.

(c) Conditions

The Director may only grant or otherwise provide matching moneys to a coastal State for purposes of carrying out a coastal wetlands conservation project if the grant or provision is subject to terms and conditions that will ensure that any real property interest acquired in whole or in part, or enhanced, managed, or restored with such moneys will be administered for the long-term conservation of such lands and waters and the fish and wildlife dependent thereon.

(d) Cost-sharing

(1) Federal share

Grants to coastal States of matching moneys by the Director for any fiscal year to carry out coastal wetlands conservation projects shall be used for the payment of not to exceed 50 percent of the total costs of such projects: except that such matching moneys may be used for payment of not to exceed 75 percent of the costs of such projects if a coastal State has established and is using one of the following for the purpose of acquiring coastal wetlands, other natural areas or open spaces:

(A) a trust fund from which the principal is not spent; or

(B) a fund derived from a dedicated recurring source of monies including, but not limited to, real estate transfer fees or taxes, cigarette taxes, tax check-offs, or motor vehicle license plate fees.

(2) Form of State share

The matching moneys required of a coastal State to carry out a coastal wetlands conservation project shall be derived from a non-Federal source.

(3) In-kind contributions

In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests for activities under this section may be used for the non-Federal share of the cost of those activities.

(e) Partial payments

(1) The Director may from time to time make matching payments to carry out coastal wetlands conservation projects as such projects progress, but such payments, including previous payments, if any, shall not be more than the Federal pro rata share of any such project in conformity with subsection (d) of this section.

(2) The Director may enter into agreements to make matching payments on an initial portion of a coastal wetlands conservation project and to agree to make payments on the remaining Federal share of the costs of such project from subsequent moneys if and when they become available. The liability of the United States under such an agreement is contingent upon the continued availability of funds for the purpose of this section.

(f) Wetlands assessment

The Director shall, with the funds made available in accordance with section 3955 of this title, direct the U.S. Fish and Wildlife Service's National Wetland Inventory to update and digitize wetlands maps in the State of Texas and to conduct an assessment of the status, condition, and trends of wetlands in that State.

(Pub. L. 101–646, title III, §305, Nov. 29, 1990, 104 Stat. 4785; Pub. L. 102–212, title III, §302(a), Dec. 11, 1991, 105 Stat. 1660.)

Editorial Notes

Amendments

1991—Subsec. (d)(1). Pub. L. 102–212 substituted "has established and is using one of the following for the purpose of acquiring coastal wetlands, other natural areas or open spaces:

"(A) a trust fund from which the principal is not spent; or

"(B) a fund derived from a dedicated recurring source of monies including, but not limited to, real estate transfer fees or taxes, cigarette taxes, tax check-offs, or motor vehicle license plate fees"

for "has established a trust fund, from which the principal is not spent, for the purpose of acquiring coastal wetlands, other natural area or open spaces".

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–212, title III, §302(b), Dec. 11, 1991, 105 Stat. 1661, provided that: "This section [amending this section] shall apply to grants awarded in fiscal year 1992 and each fiscal year thereafter."
16 U.S.C. § 482e (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 482e: Lincoln National Forest; mining rights
Lincoln National Forest; mining rights
Status: in_force

On and after June 13, 1939, mining locations made under the United States mining laws upon lands within the watershed of the headwaters of the Bonito River in the Lincoln National Forest within the State of New Mexico, specifically described as those certain pieces or parcels of land situate, lying, and being in the county of Lincoln, State of New Mexico, described as follows:

The east half east half section 12, east half east half section 13, east half northeast quarter section 24, township 10 south, range 10 east, New Mexico principal meridian; southeast quarter section 25, southwest quarter section 26, south half section 27, southeast quarter and south half southwest quarter section 28, southeast quarter section 31, and all of sections 32, 33, 34, 35, and 36, township 9 south, range 11 east, New Mexico principal meridian; all of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 27, 28, and 29, north half section 19, north half and southwest quarter section 24, northwest quarter section 26, north half northeast quarter section 32, and north half north half section 33, township 10 south, range 11 east, New Mexico principal meridian; southwest quarter section 25, south half of fractional section 26, all of fractional section 35, and all of section 36, township 9 south, range 12 east, New Mexico principal meridian; all of section 1, all of fractional section 2, all of fractional section 11, all of section 12, all of section 13, all of fractional section 14, north half of fractional section 23, and north half section 24, township 10 south, range 12 east, New Mexico principal meridian; having an area of approximately thirty-nine and three hundred and seventy-six one-thousandths square miles, shall confer on the locator the right to occupy and use only 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.

(June 13, 1939, ch. 201, §1, 53 Stat. 817.)
16 U.S.C. § 673b (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 673b: National Elk Refuge in Wyoming
National Elk Refuge in Wyoming
Status: in_force

The following-described lands of the Jackson Hole National Monument are made a part of the National Elk Refuge and shall be administered hereafter in accordance with the laws applicable to said refuge:

sixth principal meridian

Township 42 north, range 116 west: Those portions of sections 24, 25, 26, and 35 lying east of the east right-of-way line of United States Highway Numbered 187, and lying south and east of the north and west bank of the Gros Ventre River.

Township 42 north, range 115 west: Those portions of sections 8, 9, 10, 17, 18, and 19 lying south and east of the north and west bank of the Gros Ventre River; section 20; section 29, northwest quarter; section 30, north half.

Township 41 north, range 116 west: Entire portion now in Jackson Hole National Monument except that portion in section 2 lying west of the east right-of-way line of United States Highway Numbered 187.

Containing in all six thousand three hundred and seventy-six acres, more or less.

(Sept. 14, 1950, ch. 950, §2, 64 Stat. 849.)

Editorial Notes

References in Text

The Jackson Hole National Monument, referred to in text, was created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943, 57 Stat. 731. For provisions transferring other lands of such former national monument, see sections 406d–1 and 482m of this title.

Statutory Notes and Related Subsidiaries

Revocation of Temporary Withdrawals of Public Lands

Revocation of temporary withdrawals of public lands in aid of legislation pertaining to parks, monuments, etc., adjacent to Grand Teton National Park in Wyoming, see note set out under section 406d–1 of this title.

Repeal of Inconsistent Laws

Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d–1 of this title.
16 U.S.C. § 3374 (2024) — Title 16: CONSERVATION / Chapter 53: CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE / Section 3374: Forfeiture
Forfeiture
Status: in_force

(a) In general

(1) All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of section 3372 of this title (other than section 3372(b) of this title), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section 3373 of this title.

(2) All vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal violation of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States if (A) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting party or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of this chapter, and (B) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants.

(b) Application of customs laws

All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter, except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department may, for the purposes of this chapter, also be exercised or performed by the Secretary or by such persons as he may designate: Provided, That any warrant for search or seizure shall be issued in accordance with rule 41 of the Federal Rules of Criminal Procedure.

(c) Storage cost

Any person convicted of an offense, or assessed a civil penalty, under section 3373 of this title shall be liable for the costs incurred in the storage, care, and maintenance of any fish or wildlife or plant seized in connection with the violation concerned.

(d) Civil forfeitures

Civil forfeitures under this section shall be governed by the provisions of chapter 46 of title 18.

(Pub. L. 97–79, §5, Nov. 16, 1981, 95 Stat. 1076; Pub. L. 110–234, title VIII, §8204(d), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, §4(a), title VIII, §8204(d), June 18, 2008, 122 Stat. 1664, 2056; Pub. L. 117–243, §5, Dec. 20, 2022, 136 Stat. 2338.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (b), was in the original "this Act", meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables.

Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Codification

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

Amendments

2022—Subsec. (a)(1). Pub. L. 117–243 inserted "bred, possessed," before "imported, exported,".

2008—Subsec. (d). Pub. L. 110–246, §8204(d), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 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. § 2706 (2024) — Title 16: CONSERVATION / Chapter 47: SMALL HYDROELECTRIC POWER PROJECTS / Section 2706: New impoundments
New impoundments
Status: in_force

Nothing in this chapter authorizes (1) the loan of funds for construction of any new dam or other impoundment, or (2) the simple and expeditious licensing of any such new dam or other impoundment.

(Pub. L. 95–617, title IV, §406, Nov. 9, 1978, 92 Stat. 3156.)
16 U.S.C. § 718 (2024) — Title 16: CONSERVATION / Chapter 7: PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS / Subchapter IV: HUNTING AND CONSERVATION STAMP TAX / Section 718: Repealed. Pub. L. 109-266, §10(h), Aug. 3, 2006, 120 Stat. 677
Repealed. Pub. L. 109-266, §10(h), Aug. 3, 2006, 120 Stat. 677
Status: repealed

Section, act Mar. 16, 1934, ch. 71, §9, 48 Stat. 452, defined subchapter terms.

Statutory Notes and Related Subsidiaries

Short Title of 2014 Amendment

Pub. L. 113–264, §1, Dec. 18, 2014, 128 Stat. 2939, provided that: "This Act [amending sections 718a, 718b, and 718d of this title] may be cited as the 'Federal Duck Stamp Act of 2014'."

Short Title of 2006 Amendment

Pub. L. 109–266, §1, Aug. 3, 2006, 120 Stat. 670, provided that: "This Act [enacting sections 718g to 718j of this title, amending sections 718a to 718f of this title, repealing this section and former sections 718g, 718h, and 718j of this title, and enacting provisions set out as notes under this section] may be cited as the 'Electronic Duck Stamp Act of 2005'."

Short Title of 1998 Amendment

Pub. L. 105–269, §1, Oct. 19, 1998, 112 Stat. 2381, provided that: "This Act [amending section 718d of this title] may be cited as the 'Migratory Bird Hunting and Conservation Stamp Promotion Act'."

Short Title

Act Mar. 16, 1934, ch. 71, §11, as added by Pub. L. 109–266, §10(h), Aug. 3, 2006, 120 Stat. 679, provided that: "This Act [enacting this subchapter] may be cited as the 'Migratory Bird Hunting and Conservation Stamp Act'."

Electronic Duck Stamp Pilot Program

Pub. L. 109–266, §§2–9, Aug. 3, 2006, 120 Stat. 670–673, provided that:

"SEC. 2. FINDINGS.

"Congress finds that—

"(1) on March 16, 1934, Congress passed and President Roosevelt signed the Act of March 16, 1934 (16 U.S.C. 718a [718] et seq.) (popularly known as the 'Duck Stamp Act'), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp annually;

"(2) the Federal Duck Stamp program has become one of the most popular and successful conservation programs ever initiated;

"(3) because of that program, the United States again is teeming with migratory waterfowl and other wildlife that benefit from wetland habitats;

"(4) as of the date of enactment of this Act [Aug. 3, 2006], 1,700,000 migratory bird hunting and conservation stamps are sold each year;

"(5) as of 2003, those stamps have generated more than $600,000,000 in revenue that has been used to preserve more than 5,000,000 acres of migratory waterfowl habitat in the United States; and

"(6) many of the more than 540 national wildlife refuges have been paid for wholly or partially with that revenue.

"SEC. 3. DEFINITIONS.

"In this Act [see Short Title of 2006 Amendment note above]:

"(1) Actual stamp.—The term 'actual stamp' means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a [718] et seq.) (popularly known as the 'Duck Stamp Act'), that is printed on paper and sold through a means in use immediately before the date of enactment of this Act [Aug. 3, 2006].

"(2) Automated licensing system.—

"(A) In general.—The term 'automated licensing system' means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products.

"(B) Inclusion.—The term 'automated licensing system' includes a point-of-sale, Internet, or telephonic system used for a purpose described in subparagraph (A).

"(3) Electronic stamp.—The term 'electronic stamp' means an electronic version of an actual stamp that—

"(A) is a unique identifier for the individual to whom it is issued;

"(B) can be printed on paper;

"(C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps;

"(D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and

"(E) is described in the State application approved by the Secretary under section 4(b).

"(4) Secretary.—The term 'Secretary' means the Secretary of the Interior.

"SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.

"(a) Requirement To Conduct Program.—The Secretary shall conduct a 3-year pilot program under which up to 15 States authorized by the Secretary may issue electronic stamps.

"(b) Commencement and Duration of Program.—The Secretary shall—

"(1) use all means necessary to expeditiously implement this section by the date that is 1 year after the beginning of the first full Federal migratory waterfowl hunting season after the date of enactment of this Act [Aug. 3, 2006]; and

"(2) carry out the pilot program for 3 Federal migratory waterfowl hunting seasons.

"(c) Consultation.—The Secretary shall carry out the program in consultation with State management agencies.

"SEC. 5. STATE APPLICATION.

"(a) Approval of Application Required.—A State may not participate in the pilot program under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section.

"(b) Contents of Application.—The Secretary may not approve a State application unless the application contains—

"(1) a description of the format of the electronic stamp that the State will issue under the pilot program, including identifying features of the licensee that will be specified on the stamp;

"(2) a description of any fee the State will charge for issuance of an electronic stamp;

"(3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program;

"(4) the manner by which the State will transmit electronic stamp customer data to the Secretary;

"(5) the manner by which actual stamps will be delivered;

"(6) the policies and procedures under which the State will issue duplicate electronic stamps; and

"(7) such other policies, procedures, and information as may be reasonably required by the Secretary.

"(c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria.—Not later than 30 days before the date on which the Secretary begins accepting applications for participation in the pilot program, the Secretary shall publish—

"(1) deadlines for submission of applications to participate in the program;

"(2) eligibility requirements for participation in the program; and

"(3) criteria for selecting States to participate in the program.

"SEC. 6. STATE OBLIGATIONS AND AUTHORITIES.

"(a) Delivery of Actual Stamp.—The Secretary shall require that each individual to whom a State sells an electronic stamp under the pilot program shall receive an actual stamp—

"(1) by not later than the date on which the electronic stamp expires under section 7(c); and

"(2) in a manner agreed upon by the State and Secretary.

"(b) Collection and Transfer of Electronic Stamp Revenue and Customer Information.—

"(1) Requirement to transmit.—The Secretary shall require each State participating in the pilot program to collect and submit to the Secretary in accordance with this section—

"(A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State;

"(B) the face value amount of each electronic stamp sold by the State; and

"(C) the amount of the Federal portion of any fee required by the agreement for each stamp sold.

"(2) Time of transmittal.—The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State occurring in a month—

"(A) by not later than the 15th day of the subsequent month; or

"(B) as otherwise specified in the application of the State approved by the Secretary under section 5.

"(3) Additional fees not affected.—This section shall not apply to the State portion of any fee collected by a State under subsection (c).

"(c) Electronic Stamp Issuance Fee.—A State participating in the pilot program may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under the program, including costs of delivery of actual stamps.

"(d) Duplicate Electronic Stamps.—A State participating in the pilot program may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged.

"(e) Limitation on Authority To Require Purchase of State License.—A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under the pilot program.

"SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.

"(a) Stamp Requirements.—The Secretary shall require an electronic stamp issued by a State under the pilot program—

"(1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and

"(2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.

"(b) Recognition of Electronic Stamp.—Any electronic stamp issued by a State under the pilot program shall, during the effective period of the electronic stamp—

"(1) bestow upon the licensee the same privileges as are bestowed by an actual stamp;

"(2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and

"(3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting.

"(c) Duration.—An electronic stamp issued by a State under the pilot program shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days.

"SEC. 8. TERMINATION OF STATE PARTICIPATION.

"Participation by a State in the pilot program may be terminated—

"(1) by the Secretary, if the Secretary—

"(A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 5; and

"(B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or

"(2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.

"SEC. 9. EVALUATION.

"(a) Evaluation.—The Secretary, in consultation with State fish and wildlife management agencies and appropriate stakeholders with expertise specific to the duck stamp program, shall evaluate the pilot program and determine whether the pilot program has provided a cost-effective and convenient means for issuing migratory-bird hunting and conservation stamps, including whether the program has—

"(1) increased the availability of those stamps;

"(2) assisted States in meeting the customer service objectives of the States with respect to those stamps;

"(3) maintained actual stamps as an effective and viable conservation tool; and

"(4) maintained adequate retail availability of the actual stamp.

"(b) Report.—The Secretary shall submit to Congress a report on the findings of the Secretary under subsection (a)."
16 U.S.C. § 1644 (2024) — Title 16: CONSERVATION / Chapter 36: FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING / Subchapter II: RESEARCH / Section 1644: Forestry and rangeland competitive research grants
Forestry and rangeland competitive research grants
Status: in_force

(a) Competitive grant authority

In addition to any grants made under other laws, the Secretary is authorized to make competitive grants that will further research activities authorized by this subchapter to Federal, State, and other governmental agencies, public or private agencies, institutions, universities, and organizations, and businesses and individuals in the United States. In making these grants, the Secretary shall emphasize basic and applied research activities that are important to achieving the purposes of this subchapter, and shall obtain, through review by qualified scientists and other methods, participation in research activities by scientists throughout the United States who have expertise in matters related to forest and rangeland renewable resources. Grants under this section shall be made at the discretion of the Secretary under whatever conditions the Secretary may prescribe, after publicly soliciting research proposals, allowing sufficient time for submission of the proposals, and considering qualitative, quantitative, financial, administrative, and other factors that the Secretary deems important in judging, comparing, and accepting the proposals. The Secretary may reject any or all proposals received under this section if the Secretary determines that it is in the public interest to do so.

(b) Emphasis on certain high priority forestry research

The Secretary may use up to 5 percent of the amounts made available for research under section 1642 of this title to make competitive grants regarding forestry research in the high priority research areas identified under section 1642(d) of this title.

(c) Emphasis on certain high priority rangeland research

The Secretary may use up to 5 percent of the amounts made available for research under section 1642 of this title to make competitive grants regarding rangeland research in the high priority research areas identified under section 1642(d) of this title.

(d) Priorities

In making grants under subsections (b) and (c), the Secretary shall give priority to research proposals under which—

(1) the proposed research will be collaborative research organized through a center of scientific excellence;

(2) the applicant agrees to provide matching funds (in the form of direct funding or in-kind support) in an amount equal to not less than 50 percent of the grant amount; and

(3) the proposed research will be conducted as part of an existing private and public partnership or cooperative research effort and involves several interested research partners.

(Pub. L. 95–307, §5, June 30, 1978, 92 Stat. 355; Pub. L. 105–185, title II, §253(d), June 23, 1998, 112 Stat. 561.)

Editorial Notes

Amendments

1998—Pub. L. 105–185 substituted section catchline for former section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsecs. (b) to (d).
16 U.S.C. § 408j (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LII: ISLE ROYALE NATIONAL PARK / Section 408j: Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948
Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948
Status: repealed

Section, act Mar. 6, 1942, ch. 150, §2, 56 Stat. 133, related to inclusion of park in a judicial district. See section 102 of Title 28, Judiciary and Judicial Procedure, and section 3231 of Title 18, Crimes and Criminal Procedure.
16 U.S.C. § 1247 (2024) — Title 16: CONSERVATION / Chapter 27: NATIONAL TRAILS SYSTEM / Section 1247: State and local area recreation and historic trails
State and local area recreation and historic trails
Status: in_force

(a) Secretary of the Interior to encourage States, political subdivisions, and private interests; financial assistance for State and local projects

The Secretary of the Interior is directed to encourage States to consider, in their comprehensive statewide outdoor recreation plans and proposals for financial assistance for State and local projects submitted pursuant to chapter 2003 of title 54, needs and opportunities for establishing park, forest, and other recreation and historic trails on lands owned or administered by States, and recreation and historic trails on lands in or near urban areas. The Secretary is also directed to encourage States to consider, in their comprehensive statewide historic preservation plans and proposals for financial assistance for State, local, and private projects submitted pursuant to division A of subtitle III of title 54, needs and opportunities for establishing historic trails. He is further directed, in accordance with the authority contained in chapter 2003 of title 54),1 to encourage States, political subdivisions, and private interests, including nonprofit organizations, to establish such trails.

(b) Secretary of Housing and Urban Development to encourage metropolitan and other urban areas; administrative and financial assistance in connection with recreation and transportation planning; administration of urban open-space program

The Secretary of Housing and Urban Development is directed, in administering the program of comprehensive urban planning and assistance under section 701 2 of the Housing Act of 1954, to encourage the planning of recreation trails in connection with the recreation and transportation planning for metropolitan and other urban areas. He is further directed, in administering the urban open-space program under title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.], to encourage such recreation trails.

(c) Secretary of Agriculture to encourage States, local agencies, and private interests

The Secretary of Agriculture is directed, in accordance with authority vested in him, to encourage States and local agencies and private interests to establish such trails.

(d) Interim use of railroad rights-of-way

The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and chapter 224 of title 49, shall encourage State and local agencies and private interests to establish appropriate trails using the provisions of such programs. Consistent with the purposes of that Act, and in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service, to protect rail transportation corridors, and to encourage energy efficient transportation use, in the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with this chapter, if such interim use is subject to restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights-of-way and for any legal liability arising out of such transfer or use, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, then the Board shall impose such terms and conditions as a requirement of any transfer or conveyance for interim use in a manner consistent with this chapter, and shall not permit abandonment or discontinuance inconsistent or disruptive of such use.

(e) Designation and marking of trails; approval of Secretary of the Interior

Such trails may be designated and suitably marked as parts of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Interior.

(Pub. L. 90–543, §8, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95–625, title V, §551(22), Nov. 10, 1978, 92 Stat. 3516; Pub. L. 98–11, title II, §208, Mar. 28, 1983, 97 Stat. 48; Pub. L. 104–88, title III, §317(1), Dec. 29, 1995, 109 Stat. 949; Pub. L. 113–287, §5(d)(24), Dec. 19, 2014, 128 Stat. 3266; Pub. L. 117–58, div. B, title I, §21301(j)(1), Nov. 15, 2021, 135 Stat. 691.)

Editorial Notes

References in Text

Section 701 of the Housing Act of 1954, referred to in subsec. (b), was classified to section 461 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 97–35, title III, §313(b), Aug. 13, 1981, 95 Stat. 398.

The Housing Act of 1961, referred to in subsec. (b), is Pub. L. 87–70, June 30, 1961, 75 Stat. 149. Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§1500 et seq.) of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 5316 of Title 42 which terminated authority to make grants or loans under such title VII after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 12, Banks and Banking, and Tables.

The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (d), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45, Railroads, and Tables.

Amendments

2021—Subsec. (d). Pub. L. 117–58 inserted "(45 U.S.C. 801 et seq.) and chapter 224 of title 49" after "Reform Act of 1976".

2014—Subsec. (a). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act", "division A of subtitle III of title 54" for "the Act of October 15, 1966 (80 Stat. 915), as amended", and "chapter 2003 of title 54" for "the Act of May 28, 1963 (77 Stat. 49".

1995—Subsec. (d). Pub. L. 104–88 substituted "Chairman of the Surface Transportation Board" for "Chairman of the Interstate Commerce Commission" and "the Board" for "the Commission".

1983—Subsecs. (d), (e). Pub. L. 98–11, §208(2), added subsec. (d) and redesignated former subsec. (d) as (e).

1978—Subsec. (a). Pub. L. 95–625 inserted "and historic" after "establishing park, forest, and other recreation" and "administered by States, and recreation", and directed the Secretary to encourage States to consider in their plans and proposals the needs and opportunities for establishing historic trails.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

1 So in original. The closing parenthesis preceding the comma probably should not appear. See 2014 Amendment note below.

2 See References in Text note below.
16 U.S.C. § 1390 (2024) — Title 16: CONSERVATION / Chapter 31: MARINE MAMMAL PROTECTION / Subchapter II: CONSERVATION AND PROTECTION OF MARINE MAMMALS / Section 1390: Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals
Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals
Status: in_force

(a) In general

Not later than 180 days after December 23, 2022, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from vessel traffic, including shipping activities and port operations.

(b) Eligible uses

Assistance provided under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—

(1) reducing underwater stressors related to marine traffic;

(2) reducing mortality and serious injury from vessel strikes and other physical disturbances;

(3) monitoring sound;

(4) reducing vessel interactions with marine mammals;

(5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or

(6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section.

(c) Priority

The Under Secretary shall prioritize providing assistance under subsection (a) for projects that—

(1) are based on the best available science with respect to methods to reduce threats to marine mammals;

(2) collect data on the effects of such methods and the reduction of such threats;

(3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or

(5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction.

(d) Outreach

The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to—

(1) how to apply for assistance under subsection (a);

(2) the benefits of such assistance; and

(3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance.

(e) Report required

Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible website of the National Oceanic and Atmospheric Administration a report that includes the following information:

(1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report.

(2) The amount of each such award.

(3) A description of the activities carried out with each such award.

(4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals.

(f) Definition of eligible entity

In this section, the term "eligible entity" means—

(1) a port authority for a port;

(2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port;

(3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or

(4) a consortium of entities described in paragraphs (1) through (3).

(g) Funding

From funds otherwise appropriated to the Under Secretary, $10,000,000 is authorized to carry out this section for each of fiscal years 2023 through 2028.

(h) Savings clause

An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States.

(Pub. L. 117–263, div. K, title CXIII, §11302, Dec. 23, 2022, 136 Stat. 4070.)

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (c)(3), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

Codification

Section was enacted as part of the Don Young Coast Guard Authorization Act of 2022 and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Pilot Program To Establish a Cetacean Desk for Puget Sound Region

Pub. L. 117–263, div. K, title CXIII, §11304, Dec. 23, 2022, 136 Stat. 4075, provided that:

"(a) Establishment.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], the Secretary, with the concurrence of the Under Secretary, shall carry out a pilot program to establish a Cetacean Desk, which shall be—

"(A) located and manned within the Puget Sound Vessel Traffic Service; and

"(B) designed—

"(i) to improve coordination with the maritime industry to reduce the risk of vessel impacts on large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and

"(ii) to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea.

"(2) Duration and staffing.—The pilot program required under paragraph (1)—

"(A) shall—

"(i) be for a duration of 4 years; and

"(ii) require not more than 1 full-time equivalent position, who shall also contribute to other necessary Puget Sound Vessel Traffic Service duties and responsibilities as needed; and

"(B) may be supported by other existing Federal employees, as appropriate.

"(b) Engagement With Vessel Operators.—

"(1) In general.—In carrying out the pilot program required under subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans.

"(2) Contents.—In engaging with vessel operators as required under paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred.

"(c) Memorandum of Understanding.—The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate.

"(d) Data.—The Under Secretary shall leverage existing data collection methods, the program required by section 11303 [16 U.S.C. 1391], and public data to ensure accurate and timely information on the sighting of large cetaceans.

"(e) Consultations.—

"(1) In general.—In carrying out the pilot program required under subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations.

"(2) Coordination with Canada.—When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound.

"(f) Puget Sound Vessel Traffic Service Local Variance and Policy.—The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the Puget Sound region—

"(1) shall implement local variances, as authorized by subsection (c) of section 70001 of title 46, United States Code, to reduce the impact of vessel traffic on large cetaceans; and

"(2) may enter into cooperative agreements, in accordance with subsection (d) of such section, with Federal, State, Tribal, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include—

"(A) communicating marine mammal protection guidance to vessels;

"(B) training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning—

"(i) vessel buffer zones;

"(ii) vessel speed;

"(iii) seasonal no-go zones for vessels;

"(iv) protected areas, including areas designated as critical habitat, as applicable to marine operations; and

"(v) any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans;

"(C) training to understand, utilize, and communicate large cetacean location data; and

"(D) training to understand and communicate basic large cetacean detection, identification, and behavior, including—

"(i) cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey;

"(ii) important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes;

"(iii) seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and

"(iv) areas designated as critical habitat for large cetaceans.

"(g) Report Required.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], and every 2 years thereafter for the duration of the pilot program, the Commandant [of the Coast Guard], in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that—

"(1) evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under this section, including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program;

"(2) assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements;

"(3) evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations;

"(4) assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations; and

"(5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel, as required under subsection (f)."

[For definition of "Secretary" as used in section 11304 of Pub. L. 117–263, set out above, see section 11002 of div. K of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.]

[For definitions of terms as used in section 11304 of Pub. L. 117–263, set out above, see section 11301 of div. K of Pub. L. 117–263, set out as a note below.]

Definitions

For definition of "Secretary" as used in this section, see section 11002 of div. K of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.

Pub. L. 117–263, div. K, title CXIII, §11301, Dec. 23, 2022, 136 Stat. 4069, provided that: "In this subtitle [subtitle A (§§11301–11305) of title CXIII of div. K of Pub. L. 117–263, enacting this section and sections 1391 and 1392 of this title and provisions set out as a note under this section]:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

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

"(B) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives.

"(2) Core foraging habitats.—The term 'core foraging habitats' means areas—

"(A) with biological and physical oceanographic features that aggregate Calanus finmarchicus; and

"(B) where North Atlantic right whales foraging aggregations have been well documented.

"(3) Exclusive economic zone.—The term 'exclusive economic zone' has the meaning given that term in section 107 of title 46, United States Code.

"(4) Institution of higher education.—The term 'institution of higher education' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

"(5) Large cetacean.—The term 'large cetacean' means all endangered or threatened species within—

"(A) the suborder Mysticeti;

"(B) the genera Physeter; or

"(C) the genera Orcinus.

"(6) Near real-time.—The term 'near real-time', with respect to monitoring of whales, means that visual, acoustic, or other detections of whales are processed, transmitted, and reported as close to the time of detection as is technically feasible.

"(7) Nonprofit organization.—The term 'nonprofit organization' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)] and exempt from tax under section 501(a) of such Code [26 U.S.C. 501(a)].

"(8) Puget Sound region.—The term 'Puget Sound region' means the Vessel Traffic Service Puget Sound area described in section 161.55 of title 33, Code of Federal Regulations (as of the date of enactment of this Act [Dec. 23, 2022]).

"(9) Tribal government.—The term 'Tribal government' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

"(10) Under Secretary.—The term 'Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere."
16 U.S.C. § 2702 (2024) — Title 16: CONSERVATION / Chapter 47: SMALL HYDROELECTRIC POWER PROJECTS / Section 2702: Loans for feasibility studies
Loans for feasibility studies
Status: in_force

(a) Loan authority

The Secretary, after consultation with the Commission, is authorized to make a loan to any municipality, electric cooperative, industrial development agency, nonprofit organization, or other person to assist such person in defraying up to 90 percent of the costs of—

(1) studies to determine the feasibility of undertaking a small hydroelectric power project at an existing dam or dams and

(2) preparing any application for a necessary license or other Federal, State, and local approval respecting such a project at an existing dam or dams and of participating in any administrative proceeding regarding any such application.

(b) Cancellation

The Secretary may cancel the unpaid balance and any accrued interest on any loan granted pursuant to this section if he determines on the basis of the study that the small hydroelectric power project would not be technically or economically feasible.

(Pub. L. 95–617, title IV, §402, Nov. 9, 1978, 92 Stat. 3154.)

Editorial Notes

References in Text

The Secretary, referred to in text, and the Commission, referred to in subsec. (a), mean the Secretary of Energy and the Federal Energy Regulatory Commission, respectively, see section 2602(3), (14) of this title.
16 U.S.C. § 396d (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter XLII: HALEAKALĀ NATIONAL PARK / Section 396d: Establishment
Establishment
Status: in_force

(a) In general

(1) In order to provide a center for the preservation, interpretation, and perpetuation of traditional native Hawaiian activities and culture, and to demonstrate historic land use patterns as well as to provide a needed resource for the education, enjoyment, and appreciation of such traditional native Hawaiian activities and culture by local residents and visitors, there is established the Kaloko-Honokōhau National Historical Park (hereinafter in this section referred to as the "park") in Hawaii comprising approximately one thousand three hundred acres as generally depicted on the map entitled "Kaloko-Honokōhau National Historical Park," numbered KHN–80,000, and dated May 1978.

(2) The boundaries of the park are modified to include lands and interests therein comprised of Parcels 1 and 2 totaling 2.14 acres, identified as "Tract A" on the map entitled "Kaloko-Honokōhau National Historical Park Proposed Boundary Adjustment", numbered PWR (PISO) 466/82,043 and dated April 2002.

(3) The maps referred to in this subsection shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(b) Land acquisition; manner

Except for any lands owned by the State of Hawaii or its subdivisions, which may be acquired only by donation, the Secretary is authorized to acquire the lands described above by donation, exchange, or purchase through the use of donated or appropriated funds, notwithstanding any prior restriction of law.

(c) Administration; applicable provisions

The Secretary shall administer the park in accordance with this section and the provisions of law generally applicable to units of the national park system, including the Acts approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461–467),1 and August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.),1 and generally in accordance with the guidelines provided in the study report entitled "Kaloko-Honokōhau" prepared by the Honokohau Study Advisory Commission and the National Park Service, May 1974, GPO 690–514.

(d) Activities and agreements; native accommodations; cooperative marine management agreement; fishing, shoreline food gathering and small boat harbor activities: regulation; land and water management agreements

(1) In administering the park the Secretary may provide traditional native Hawaiian accommodations.

(2) The Secretary shall consult with and may enter into a cooperative management agreement with the State of Hawaii for the management of the submerged lands within the authorized park boundary, following the marine management policies of the State of Hawaii.

(3) Commercial, recreational, and subsistence fishing and shoreline food gathering activities as well as access to and from the Honokohau small boat harbor by motor boats and other water craft shall be permitted wherever such activities are not inconsistent with the purposes for which the park is established, subject to regulation by the Secretary.

(4) The Secretary shall consult with and may enter into agreements with other governmental entities and private landowners to establish adequate controls on air and water quality and the scenic and esthetic values of the surrounding land and water areas. In consulting with and entering into any such agreements, the Secretary shall to the maximum extent feasible utilize the traditional native Hawaiian Ahupua's concept of land and water management.

(e) Employment of native Hawaiians

In carrying out the purposes of this section the Secretary is authorized and directed as appropriate to employ native Hawaiians. For the purposes of this section, native Hawaiians are defined as any lineal descendants of the race inhabiting the Hawaiian Islands prior to the year 1778.

(f) Advisory Commission; establishment; membership; qualifications; term; Chairman; vacancies; compensation and expenses; ex officio members; duties; meetings; termination

(1) There is hereby established the Na Hoa Pili O Kaloko-Honokōhau (The Friends of Kaloko-Honokōhau), an Advisory Commission for the park. The Commission shall be composed of nine members, appointed by the Secretary, at least five of whom shall be selected from nominations provided by native Hawaiian organizations. All members of the Commission shall be residents of the State of Hawaii, and at least six members shall be native Hawaiians. Members of the Commission shall be appointed for five-year terms except that initial appointment(s) shall consist of two members appointed for a term of five years, two for a term of four years, two for a term of three years, two for a term of two years, and one for a term of one year. No member may serve more than one term consecutively.

(2) The Secretary shall designate one member of the Commission to be Chairman. Any vacancy in the Commission shall be filled by appointment for the remainder of the term.

(3) Members of the Commission shall serve without compensation. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this section on vouchers signed by the Chairman.

(4) The Superintendent of the park, the National Park Service State Director, Hawaii, a person appointed by the Governor of Hawaii, and a person appointed by the mayor of the county of Hawaii, shall serve as ex officio nonvoting members of the Commission.

(5) The Commission shall advise the Director, National Park Service, with respect to the historical, archeological, cultural, and interpretive programs of the park. The Commission shall afford particular emphasis to the quality of traditional native Hawaiian culture demonstrated in the park.

(6) The Commission shall meet not less than twice a year. Additional meetings may be called by the Chairman.

(7) The Advisory Commission shall terminate on December 31, 2018.

(g) Authorization of appropriations

There are hereby authorized to be appropriated not to exceed $25,000,000 for acquisition and $1,000,000 for development.

(Pub. L. 95–625, title V, §505, Nov. 10, 1978, 92 Stat. 3499; Pub. L. 96–87, title IV, §401(i), Oct. 12, 1979, 93 Stat. 666; Pub. L. 104–333, div. I, title V, §503(b), Nov. 12, 1996, 110 Stat. 4155; Pub. L. 106–510, §3(c)(1), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 108–142, §2, Dec. 2, 2003, 117 Stat. 1875; Pub. L. 111–11, title VII, §7401, Mar. 30, 2009, 123 Stat. 1219.)

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 461–467), referred to in subsec. (c), 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 of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), referred to in subsec. (c), 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.

Amendments

2009—Subsec. (f)(7). Pub. L. 111–11, which directed substitution of "on December 31, 2018" for "ten years after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act of 1996", was executed by making the substitution for "ten years after the date of enactment of the Na Hoa Pili Kaloko-Honokōhau Re-establishment Act of 1996", to reflect the probable intent of Congress.

2003—Subsec. (a). Pub. L. 108–142 designated existing provisions as par. (1), substituted "1978." for "1978, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.", and added pars. (2) and (3).

2000—Pub. L. 106–510, §3(c)(1)(A), amended section catchline.

Subsecs. (a), (c), (f)(1), (7). Pub. L. 106–510, §3(c)(1)(B), substituted "Kaloko-Honokōhau" for "Kaloko-Honokohau" wherever appearing.

1996—Subsec. (f)(7). Pub. L. 104–333 substituted "the date of enactment of the Na Hoa Pili Kaloko-Honokohau Re-establishment Act of 1996" for "the date of enactment of this Act".

1979—Subsec. (f)(1). Pub. L. 96–87 substituted "Na Hoa Pili O Kaloko-Honokohau" for "Kaloko-Honokohau Na Hoa Pili O Kaloko-Honokohau".

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 106–510, §3(c)(2), Nov. 13, 2000, 114 Stat. 2364, provided that: "Any reference in any law (other than this Act [see Short Title of 2000 Amendments note set out under section 1 of this title]), regulation, document, record, map, or other paper of the United States to 'Kaloko-Honokohau National Historical Park' shall be considered a reference to 'Kaloko-Honokōhau National Historical Park'."

Short Title of 2003 Amendment

Pub. L. 108–142, §1, Dec. 2, 2003, 117 Stat. 1875, provided that: "This Act [amending this section] may be cited as the 'Kaloko-Honokōhau National Historical Park Addition Act of 2003'."

Extension of Kaloko-Honokōhau Advisory Commission

Section 503(a) of title V of div. I of Pub. L. 104–333, as amended by Pub. L. 106–510, §3(c)(2), Nov. 13, 2000, 114 Stat. 2364, provided that: "Notwithstanding section 505(f)(7) of Public Law 95–625 (16 U.S.C. 396d(f)(7)), the Na Hoa Pili O Kaloko-Honokōhau, the Advisory Commission for Kaloko-Honokōhau National Historical Park, is hereby re-established in accordance with section 505(f), as amended by paragraph (2) of this subsection [probably should be 'subsection (b) of this section', amending this section]."

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

1 See References in Text note below.
16 U.S.C. § 590l (2024) — Title 16: CONSERVATION / Chapter 3B: SOIL CONSERVATION / Section 590l: Expansion of domestic and foreign markets for agricultural commodities; advances for crop insurance; transfer of funds to corporation
Expansion of domestic and foreign markets for agricultural commodities; advances for crop insurance; transfer of funds to corporation
Status: in_force

(a) Market expansion and surplus disposition

Whenever the Secretary finds that the exercise of the powers conferred in this section will tend to carry out the purpose specified in clause (5) of section 590g(a) of this title, or will tend to provide for and maintain a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers, or both, he shall use such part as he deems necessary of the sums appropriated to carry out this chapter for the expansion of domestic and foreign markets or for seeking new or additional markets for agricultural commodities or the products thereof or for the removal or disposition of surpluses of such commodities or the products thereof.

(b) Advances for premiums

The Secretary is authorized to make advances to producers for the purpose of assisting them to insure their crops with the Federal Crop Insurance Corporation. The Secretary shall remit the amount of any such advances to a producer directly to such Corporation in payment of the premium on the insurance for which the producer has made application. Advances shall only be made to producers who are participating or who agree to participate in a program formulated pursuant to section 590h of this title. Except as otherwise provided in this subsection, the terms and conditions of such advances shall be fixed by the Secretary. In carrying out the provisions of this subsection, the Secretary may transfer to the Federal Crop Insurance Corporation, prior to the execution of applications for insurance or requests for advances by producers, the funds estimated as necessary to cover the advances which will be requested for the payment of premiums under a crop-insurance program, and any portion of such funds not used for advances to producers under such program shall be returned to the Secretary by the Federal Crop Insurance Corporation.

(Apr. 27, 1935, ch. 85, §12, as added Feb. 29, 1936, ch. 104, §1, 49 Stat. 1151; amended Mar. 25, 1939, ch. 15, 53 Stat. 550; July 2, 1940, ch. 521, §1, 54 Stat. 727.)

Editorial Notes

Amendments

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

1939—Act Mar. 25, 1939, designated existing provisions as subsec. (a) and added subsec. (b).

Executive Documents

Transfer of Functions

Administration of program of Federal Crop Insurance Corporation transferred to Secretary of Agriculture by Reorg. Plan No. 3 of 1946, §501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.

Federal Crop Insurance Corporation consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of World War II, see Ex. Ord. No. 9069, Feb. 23, 1942.

Functions respecting lands under jurisdiction of Department of the Interior, see Transfer of Functions note set out under section 590a of this title.
16 U.S.C. § 403k (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 403k: Boundary between Great Smoky Mountains National Park and Cherokee-Pisgah-Nantahala National Forests
Boundary between Great Smoky Mountains National Park and Cherokee-Pisgah-Nantahala National Forests
Status: in_force

The portion of the boundary of the Great Smoky Mountains National Park that is common to and between the park and the Cherokee-Pisgah-Nantahala National Forests hereafter shall be as follows:

(a) Between the Pisgah National Forest and Great Smoky Mountains National Park the boundary shall be as follows: Beginning at a point where North Carolina State Highway Numbered 284 first crosses the Cataloochee Divide, said point being common to the boundary of said forest as described in Proclamation Numbered 2187 of July 10, 1936, and the boundary of said park, as authorized by sections 403 and 403a to 403c of this title; thence following the divide northeasterly to the summit of Bent Knee Knob; thence northwesterly and northerly following Trail Ridge and White Oak Mountain to a point where the present national forest boundary leaves White Oak Mountain and running with same northwesterly across Cataloochee Creek to the southeast corner of a tract of national park land and northwesterly through the same following the crest of the ridge next south of the east boundary of the said tract to the old road on the summit of Longarm Mountain; thence southwesterly and northwesterly follows the said road running with the top of Scottish Mountain and through a tract of national forest land to the south boundary of a tract of national park land just east of Mount Sterling Gap; thence northerly following the south and east boundaries of the said tract of national park land to the northeast corner thereof; thence northeasterly through a tract of national forest land, following the crest of the ridge parallel to and east of Mount Sterling Creek to the summit of the ridge terminated by the juncture of Mount Sterling Creek with its south prong; thence northwesterly across Mount Sterling Creek to the summit northeast of Ivy Gap; thence westerly to a point where the westerly boundary of a tract of Forest Service land diverges from North Carolina State Highway Numbered 284; thence with the highway northerly to a point where North Carolina Highway Numbered 284 joins Tennessee Highway Numbered 75 at the State line;

(b) Between Nantahala National Forest and Great Smoky Mountains National Park, the boundary shall follow the boundary of said forest as described in Proclamation Numbered 2185 of July 9, 1936;

(c) Between Cherokee National Forest (Unaka Division) and Great Smoky Mountains National Park, the boundary shall follow the boundary of said forest as described in Proclamation Numbered 2183 of July 8, 1936.

(July 26, 1950, ch. 492, §1, 64 Stat. 377.)
16 U.S.C. § 1382 (2024) — Title 16: CONSERVATION / Chapter 31: MARINE MAMMAL PROTECTION / Subchapter II: CONSERVATION AND PROTECTION OF MARINE MAMMALS / Section 1382: Regulations and administration
Regulations and administration
Status: in_force

(a) Consultation with Federal agencies

The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.

(b) Cooperation by Federal agencies

Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.

(c) Contracts, leases, and cooperative agreements

The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.

(d) Annual review; suspension of program

The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of 1 policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under section 1373(f) of this title his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.

(e) Measures to alleviate impacts on strategic stocks

If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of similar ecological significance to marine mammals may be causing the decline or impeding the recovery of a strategic stock, the Secretary may develop and implement conservation or management measures to alleviate those impacts. Such measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.

(Pub. L. 92–522, title I, §112, Oct. 21, 1972, 86 Stat. 1042; Pub. L. 96–470, title II, §201(e), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 102–587, title III, §3004(a)(3), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§7(a), 24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.)

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–238, §24(c)(11), made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act.

Subsec. (e). Pub. L. 103–238, §7(a), added subsec. (e).

1992—Subsec. (c). Pub. L. 102–587 inserted "or subchapter V" after "of this subchapter".

1980—Subsec. (d). Pub. L. 96–470 substituted "include in the annual report to the public and the Congress required under section 1373(f) of this title" for "forthwith submit to Congress".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

1 So in original.