16 U.S.C. § 460bb (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXXXVI: GOLDEN GATE NATIONAL RECREATION AREA / Section 460bb: Establishment
Establishment
Status: in_force

In order to preserve for public use and enjoyment certain areas of Marin and San Francisco Counties, California, possessing outstanding natural, historic, scenic, and recreational values, and in order to provide for the maintenance of needed recreational open space necessary to urban environment and planning, the Golden Gate National Recreation Area (hereinafter referred to as the "recreation area") is hereby established. In the management of the recreation area, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall utilize the resources in a manner which will provide for recreation and educational opportunities consistent with sound principles of land use planning and management. In carrying out the provisions of this subchapter, the Secretary shall preserve the recreation area, as far as possible, in its natural setting, and protect it from development and uses which would destroy the scenic beauty and natural character of the area.

(Pub. L. 92–589, §1, Oct. 27, 1972, 86 Stat. 1299.)

Statutory Notes and Related Subsidiaries

Short Title of 2005 Amendment

Pub. L. 109–131, title II, §201, Dec. 20, 2005, 119 Stat. 2568, provided that: "This title [amending section 460bb–1 of this title] may be cited as the 'Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act'."

Short Title of 2000 Amendment

Pub. L. 106–350, §1, Oct. 24, 2000, 114 Stat. 1361, provided that: "This Act [amending section 460bb–1 of this title] may be cited as the 'Golden Gate National Recreation Area Boundary Adjustment Act of 2000'."

Short Title of 1992 Amendment

Pub. L. 102–299, §1, June 9, 1992, 106 Stat. 236, provided that: "This Act [amending section 460bb–1 of this title and enacting provisions set out as a note under section 460bb–1 of this title] may be cited as the 'Golden Gate National Recreation Area Addition Act of 1992'."

Visitor Services in Crissy Field and Fort Point Areas

Pub. L. 108–108, title I, §118, Nov. 10, 2003, 117 Stat. 1268, provided that: "Notwithstanding other provisions of law, the National Park Service hereafter may authorize, through cooperative agreement, the Golden Gate National Parks Association to provide fee-based education, interpretive and visitor service functions within the Crissy Field and Fort Point areas of the Presidio."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–7, div. F, title I, §120, Feb. 20, 2003, 117 Stat. 240.

Pub. L. 107–63, title I, §123, Nov. 5, 2001, 115 Stat. 440.

Pub. L. 106–291, title I, §140, Oct. 11, 2000, 114 Stat. 949.

Exemption of Presidio Trust from California Taxes

Pub. L. 106–291, title III, §315, Oct. 11, 2000, 114 Stat. 989, provided that: "All interests created under leases, concessions, permits and other agreements associated with the properties administered by the Presidio Trust, hereafter shall be exempt from all taxes and special assessments of every kind by the State of California and its political subdivisions."

Similar provisions were contained in Pub. L. 106–113, div. B, §1000(a)(3) [title III, §316], Nov. 29, 1999, 113 Stat. 1535, 1501A–192.

The Presidio of San Francisco

Pub. L. 104–333, div. I, title I, Nov. 12, 1996, 110 Stat. 4097, as amended by Pub. L. 105–83, title III, §351, Nov. 14, 1997, 111 Stat. 1607; Pub. L. 106–113, div. B, §1000(a)(3) [title III, §334], Nov. 29, 1999, 113 Stat. 1535, 1501A–198; Pub. L. 106–176, title I, §101, Mar. 10, 2000, 114 Stat. 23; Pub. L. 107–107, div. B, title XXVIII, §2861, Dec. 28, 2001, 115 Stat. 1328; Pub. L. 117–286, §4(c)(26), Dec. 27, 2022, 136 Stat. 4357; Pub. L. 117–328, div. G, title III, Dec. 29, 2022, 136 Stat. 4819, provided that:

"SEC. 101. FINDINGS.

"The Congress finds that—

"(1) the Presidio, located amidst the incomparable scenic splendor of the Golden Gate, is one of America's great natural and historic sites;

"(2) the Presidio was the oldest continuously operated military post in the Nation dating from 1776, and was designated a National Historic Landmark in 1962;

"(3) preservation of the cultural and historic integrity of the Presidio for public use recognizes its significant role in the history of the United States;

"(4) the Presidio, in its entirety, is a part of the Golden Gate National Recreation Area, in accordance with Public Law 92–589 [16 U.S.C. 460bb et seq.];

"(5) as part of the Golden Gate National Recreation Area, the Presidio's significant natural, historic, scenic, cultural, and recreational resources must be managed in a manner which is consistent with sound principles of land use planning and management, and which protects the Presidio from development and uses which would destroy the scenic beauty and historic and natural character of the area and cultural and recreational resources;

"(6) removal and/or replacement of some structures within the Presidio must be considered as a management option in the administration of the Presidio; and

"(7) the Presidio will be managed through an innovative public/private partnership that minimizes cost to the United States Treasury and makes efficient use of private sector resources.

"SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE INTERIOR.

"(a) Interim Authority.—The Secretary of the Interior (hereinafter in this title referred to as the 'Secretary') is authorized to manage leases in existence on the date of this Act [Nov. 12, 1996] for properties under the administrative jurisdiction of the Secretary and located at the Presidio. Upon the expiration of any such lease, the Secretary may extend such lease for a period terminating not later than 6 months after the first meeting of the Presidio Trust. The Secretary may not enter into any new leases for property at the Presidio to be transferred to the Presidio Trust under this title, however, the Secretary is authorized to enter into agreements for use and occupancy of the Presidio properties which are assignable to the Trust and are terminable with 30 days notice. Prior to the transfer of administrative jurisdiction over any property to the Presidio Trust, and notwithstanding section 1341 of title 31 of the United States Code, the proceeds from any such lease shall be retained by the Secretary and such proceeds shall be available, without further appropriation, for the preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Presidio properties. The Secretary may adjust the rental charge on any such lease for any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, repair and related expenses with respect to properties and infrastructure within the Presidio.

"(b) Public Information and Interpretation.—The Secretary shall be responsible, in cooperation with the Presidio Trust, for providing public interpretive services, visitor orientation and educational programs on all lands within the Presidio.

"(c) Other.—Those lands and facilities within the Presidio that are not transferred to the administrative jurisdiction of the Presidio Trust shall continue to be managed by the Secretary. The Secretary and the Presidio Trust shall cooperate to ensure adequate public access to all portions of the Presidio. Any infrastructure and building improvement projects that were funded prior to the enactment of this Act [Nov. 12, 1996] shall be completed by the National Park Service.

"(d) Park Service Employees.—(1) Any career employee of the National Park Service, employed at the Presidio at the time of the transfer of lands and facilities to the Presidio Trust, shall not be separated from the Service by reason of such transfer, unless such employee is employed by the Trust, other than on detail. Notwithstanding section 3503 of title 5, United States Code, the Trust shall have sole discretion over whether to hire any such employee or request a detail of such employee.

"(2) Any career employee of the National Park Service employed at the Presidio on the date of enactment of this title [Nov. 12, 1996] shall be given priority placement for any available position within the National Park System notwithstanding any priority reemployment lists, directives, rules, regulations or other orders from the Department of the Interior, the Office of Management and Budget, or other Federal agencies.

"SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.

"(a) Establishment.—There is established a wholly owned government corporation to be known as the Presidio Trust (hereinafter in this title referred to as the 'Trust').

"(b) Transfer.—(1) Within 60 days after receipt of a request from the Trust for the transfer of any parcel within the area depicted as Area B on the map entitled 'Presidio Trust Number 1', dated December 7, 1995, the Secretary shall transfer such parcel to the administrative jurisdiction of the Trust. Within 1 year after the first meeting of the Board of Directors of the Trust, the Secretary shall transfer to the Trust administrative jurisdiction over all remaining parcels within Area B. Such map shall be on file and available for public inspection in the offices of the Trust and in the offices of the National Park Service, Department of the Interior. The Trust and the Secretary may jointly make technical and clerical revisions in the boundary depicted on such map. The Secretary shall retain jurisdiction over those portions of the building identified as number 102 as the Secretary deems essential for use as a visitor center. The Building shall be named the 'William Penn Mott Visitor Center'. Any parcel of land, the jurisdiction over which is transferred pursuant to this subsection, shall remain within the boundary of the Golden Gate National Recreation Area. With the consent of the Secretary, the Trust may at any time transfer to the administrative jurisdiction of the Secretary any other properties within the Presidio which are surplus to the needs of the Trust and which serve essential purposes of the Golden Gate National Recreation Area. The Trust is encouraged to transfer to the administrative jurisdiction of the Secretary open space areas which have high public use potential and are contiguous to other lands administered by the Secretary.

"(2) Within 60 days after the first meeting of the Board of Directors of the Trust, the Trust and the Secretary shall determine cooperatively which records, equipment, and other personal property are deemed to be necessary for the immediate administration of the properties to be transferred, and the Secretary shall immediately transfer such personal property to the Trust. Within 1 year after the first meeting of the Board of Directors of the Trust, the Trust and the Secretary shall determine cooperatively what, if any, additional records, equipment, and other personal property used by the Secretary in the administration of the properties to be transferred should be transferred to the Trust.

"(3) The Secretary shall transfer, with the transfer of administrative jurisdiction over any property, the unobligated balance of all funds appropriated to the Secretary, all leases, concessions, licenses, permits, and other agreements affecting such property.

"(4) At the request of the Trust, the Secretary shall provide funds to the Trust for preparation of the program required under section 104(c) of this title, hiring of initial staff and other activities deemed by the Trust as essential to the establishment of the Trust prior to the transfer of properties to the Trust.

"(c) Board of Directors.—

"(1) In general.—The powers and management of the Trust shall be vested in a Board of Directors (hereinafter referred to as the 'Board') consisting of the following 7 members:

"(A) The Secretary of the Interior or the Secretary's designee.

"(B) 6 individuals, who are not employees of the Federal Government, appointed by the President, who shall possess extensive knowledge and experience in one or more of the fields of city planning, finance, real estate development, and resource conservation. At least one of these individuals shall be a veteran of the Armed Services. At least 3 of these individuals shall reside in the San Francisco Bay Area. The President shall make the appointments referred to in this subparagraph within 90 days after the enactment of this Act [Nov. 12, 1996] and shall ensure that the fields of city planning, finance, real estate development, and resource conservation are adequately represented. Upon establishment of the Trust, the Chairman of the Board of Directors of the Trust shall meet with the Chairman of the Energy and Natural Resources Committee of the United States Senate and the Chairman of the Resources Committee of the United States House of Representatives.

"(2) Terms.—Members of the Board appointed under paragraph (1)(B) shall each serve for a term of 4 years, except that of the members first appointed, 3 shall serve for a term of 2 years. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made, and any member appointed to fill a vacancy shall serve for the remainder of that term for which his or her predecessor was appointed. No appointed member may serve more than 8 years in consecutive terms, except that upon the expiration of his or her term, an appointed member may continue to serve until his or her successor has been appointed.

"(3) Quorum.—Four members of the Board shall constitute a quorum for the conduct of business by the Board.

"(4) Organization and compensation.—The Board shall organize itself in such a manner as it deems most appropriate to effectively carry out the authorized activities of the Trust. Board members shall serve without pay, but may be reimbursed for the actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Trust.

"(5) Liability of directors.—Members of the Board of Directors shall not be considered Federal employees by virtue of their membership on the Board, except for purposes of the Federal Tort Claims Act [see Short Title note under section 2671 of Title 28, Judiciary and Judicial Procedure] and chapter 131 of title 5, United States Code, and the provisions of chapter 11 of title 18, United States Code.

"(6) Meetings.—The Board shall meet at least three times per year in San Francisco and at least two of those meetings shall be open to the public. Upon a majority vote, the Board may close any other meetings to the public. The Board shall establish procedures for providing public information and opportunities for public comment regarding policy, planning, and design issues. The Board may establish procedures for providing public information and opportunities for public comment regarding policy, planning, and design issues through the Golden Gate National Recreation Area Advisory Commission.

"(7) Staff.—Notwithstanding any other provisions of law, the Trust is authorized to appoint and fix the compensation and duties and terminate the services of an executive director and such other officers and employees as it deems necessary without regard to the provisions of title 5, United States Code, or other laws related to the appointment, compensation or termination of Federal employees.

"(8) Necessary powers.—The Trust shall have all necessary and proper powers for the exercise of the authorities vested in it.

"(9) Taxes.—The Trust and all properties administered by the Trust and all interest created under leases, concessions, permits and other agreements associated with the properties shall be exempt from all taxes and special assessments of every kind by the State of California, and its political subdivisions, including the City and County of San Francisco.

"(10) Government corporation.—(A) The Trust shall be treated as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly referred to as the Government Corporation Control Act). Financial statements of the Trust shall be audited annually in accordance with section 9105 of title 31 of the United States Code.

"(B) At the end of each calendar year, the Trust shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a comprehensive and detailed report of its operations, activities, and accomplishments for the prior fiscal year. The report also shall include a section that describes in general terms the Trust's goals for the current fiscal year.

"SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST.

"(a) Overall Requirements of the Trust.—The Trust shall manage the leasing, maintenance, rehabilitation, repair and improvement of property within the Presidio under its administrative jurisdiction using the authorities provided in this section, which shall be exercised in accordance with the purposes set forth in section 1 of the Act entitled 'An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes', approved October 27, 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C. 460bb), and in accordance with the general objectives of the General Management Plan (hereinafter referred to as the 'management plan') approved for the Presidio.

"(b) Authorities.—The Trust may participate in the development of programs and activities at the properties transferred to the Trust, except that the Trust shall have the authority to negotiate and enter into such agreements, leases, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including, without limitation, entities of Federal, State and local governments as are necessary and appropriate to carry out its authorized activities. The National Park Service or any other Federal agency is authorized to enter into agreements, leases, contracts and other arrangements with the Presidio Trust which are necessary and appropriate to carry out the purposes of this title. Any such agreement may be entered into without regard to section 321 of the Act of June 30, 1932 (40 U.S.C. 303b) [now 40 U.S.C. 1302]. The Trust may use alternative means of dispute resolution authorized under subchapter IV of chapter 5 of title 5, United States Code (5 U.S.C. 571 et seq.). The Trust shall establish procedures for lease agreements and other agreements for use and occupancy of Presidio facilities, including a requirement that in entering into such agreements the Trust shall obtain reasonable competition. The Trust may not dispose of or convey fee title to any real property transferred to it under this title. Federal laws and regulations governing procurement by Federal agencies shall not apply to the Trust, with the exception of laws and regulations related to Federal government contracts governing working conditions and wage rates, including the provisions of sections 276a–276a–6 of title 40, United States Code (Davis-Bacon Act) [now 40 U.S.C. 3141–3144, 3146, and 3147], and any civil rights provisions otherwise applicable thereto. The Trust, in consultation with the Administrator of Federal Procurement Policy, shall establish and promulgate procedures applicable to the Trust's procurement of goods and services including, but not limited to, the award of contracts on the basis of contractor qualifications, price, commercially reasonable buying practices, and reasonable competition. The Trust is authorized to use funds available to the Trust to purchase insurance and for reasonable reception and representation expenses, including membership dues, business cards and business related meal expenditures.

"(c) Management Program.—The Trust shall develop a comprehensive program for management of those lands and facilities within the Presidio which are transferred to the administrative jurisdiction of the Trust. Such program shall be designed to reduce expenditures by the National Park Service and increase revenues to the Federal Government to the maximum extent possible. In carrying out this program, the Trust shall be treated as a successor in interest to the National Park Service with respect to compliance with the National Environmental Policy Act [of 1969] [42 U.S.C. 4321 et seq.] and other environmental compliance statutes. Such program shall consist of—

"(1) demolition of structures which in the opinion of the Trust, cannot be cost-effectively rehabilitated, and which are identified in the management plan for demolition,

"(2) evaluation for possible demolition or replacement those buildings identified as categories 2 through 5 in the Presidio of San Francisco Historic Landmark District Historic American Buildings Survey Report, dated 1985,

"(3) new construction limited to replacement of existing structures of similar size in existing areas of development, and

"(4) examination of a full range of reasonable options for carrying out routine administrative and facility management programs.

The Trust shall consult with the Secretary in the preparation of this program.

"(d) Financial Authorities.—(1) To augment or encourage the use of non-Federal funds to finance capital improvements on Presidio properties transferred to its jurisdiction, the Trust, in addition to its other authorities, shall have the following authorities subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.):

"(A) The authority to guarantee any lender against loss of principal or interest on any loan: Provided, That—

"(i) the terms of the guarantee are approved by the Secretary of the Treasury;

"(ii) adequate subsidy budget authority is provided in advance in appropriations Acts; and

"(iii) such guarantees are structured so as to minimize potential cost to the Federal Government. No loan guarantee under this title shall cover more than 75 percent of the unpaid balance of the loan. The Trust may collect a fee sufficient to cover its costs in connection with each loan guaranteed under this title. The authority to enter into any such loan guarantee agreement shall expire at the end of 15 years after the date of enactment of this title [Nov. 12, 1996].

"(B) The authority, subject to appropriations, to make loans to the occupants of property managed by the Trust for the preservation, restoration, maintenance, or repair of such property.

"(2) The Trust shall also have the authority to issue obligations to the Secretary of the Treasury, but only if the Secretary of the Treasury agrees to purchase such obligations to the extent authorized in advance in appropriations acts. The Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such notes or obligations acquired by the Secretary of the Treasury under this subsection. Obligations issued under this subparagraph shall be in such forms and denominations, bearing such maturities, and subject to such terms and conditions, including a review of the creditworthiness of the loan and establishment of a repayment schedule, as may be prescribed by the Secretary of the Treasury, and shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. No funds appropriated to the Trust may be used for repayment of principal or interest on, or redemption of, obligations issued under this paragraph.

"(3) The aggregate amount of obligations issued under paragraph (2) of this subsection which are outstanding at any one time may not exceed $250,000,000.

"(e) Donations.—The Trust may solicit and accept donations of funds, property, supplies, or services from individuals, foundations, corporations, and other private or public entities for the purpose of carrying out its duties. The Trust is encouraged to maintain a liaison with the Golden Gate National Park Association.

"(f) Public Agency.—The Trust shall be deemed to be a public agency for purposes of entering into joint exercise of powers agreements pursuant to California government code section 6500 and related provisions of that Code.

"(g) Financial Management.—Notwithstanding section 1341 of title 31 of the United States Code, all proceeds and other revenues received by the Trust shall be retained by the Trust. Those proceeds shall be available, without further appropriation, to the Trust for the administration, preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Presidio properties under its administrative jurisdiction. The Secretary of the Treasury shall invest, at the direction of the Trust, such excess moneys that the Trust determines are not required to meet current withdrawals. Such investment shall be in public debt securities with maturities suitable to the needs of the Trust and bearing interest at rates determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity.

"(h) Suits.—The Trust may sue and be sued in its own name to the same extent as the Federal Government. Litigation arising out of the activities of the Trust shall be conducted by the Attorney General; except that the Trust may retain private attorneys to provide advice and counsel. The District Court for the Northern District of California shall have exclusive jurisdiction over any suit filed against the Trust.

"(i) Memorandum of Agreement.—The Trust shall enter into a Memorandum of Agreement with the Secretary, acting through the Chief of the United States Park Police, for the conduct of law enforcement activities and services within those portions of the Presidio transferred to the administrative jurisdiction of the Trust.

"(j) Bylaws, Rules, and Regulations.—The Trust may adopt, amend, repeal, and enforce bylaws, rules and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised, including rules and regulations for the use and management of the property under the Trust's jurisdiction. The Trust is authorized, in consultation with the Secretary, to adopt and to enforce those rules and regulations that are applicable to the Golden Gate National Recreation Area and that may be necessary and appropriate to carry out its duties and responsibilities under this title. The Trust shall give notice of the adoption of such rules and regulations by publication in the Federal Register.

"(k) Direct Negotiations.—For the purpose of compliance with applicable laws and regulations concerning properties transferred to the Trust by the Secretary, the Trust shall negotiate directly with regulatory authorities.

"(l) Insurance.—The Trust shall require that all leaseholders and contractors procure proper insurance against any loss in connection with properties under lease or contract, or the authorized activities granted in such lease or contract, as is reasonable and customary.

"(m) Building Code Compliance.—The Trust shall bring all properties under its administrative jurisdiction into compliance with Federal building codes and regulations appropriate to use and occupancy within 10 years after the enactment of this title [Nov. 12, 1996] to the extent practicable.

"(n) Leasing.—In managing and leasing the properties transferred to it, the Trust shall consider the extent to which prospective tenants contribute to the implementation of the general objectives of the General Management Plan for the Presidio and to the reduction of cost to the Federal Government. The Trust shall give priority to the following categories of tenants: Tenants that enhance the financial viability of the Presidio and tenants that facilitate the cost-effective preservation of historic buildings through their reuse of such buildings.

"(o) Reversion.—If, at the expiration of 15 years, the Trust has not accomplished the goals and objectives of the plan required in section 105(b) of this title, then all property under the administrative jurisdiction of the Trust pursuant to section 103(b) of this title shall be transferred to the Administrator of the General Services Administration to be disposed of in accordance with the procedures outlined in the Defense Authorization Act of 1990 (104 Stat. 1809) [probably means part A of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, set out as a note under section 2687 of Title 10, Armed Forces], and any real property so transferred shall be deleted from the boundary of the Golden Gate National Recreation Area. In the event of such transfer, the terms and conditions of all agreements and loans regarding such lands and facilities entered into by the Trust shall be binding on any successor in interest.

"(p) Exclusive Rights to Name and Insignia.—The Trust shall have the sole and exclusive right to use the words 'Presidio Trust' and any seal, emblem, or other insignia adopted by its Board of Directors. Without express written authority of the Trust, no person may use the words 'Presidio Trust', or any combination or variation of those words alone or with other words, as the name under which that person shall do or purport to do business, for the purpose of trade, or by way of advertisement, or in any manner that may falsely suggest any connection with the Trust.

"SEC. 105. LIMITATIONS ON FUNDING.

"(a)(1) From amounts made available to the Secretary for the operation of areas within the Golden Gate National Recreation Area, not more than $25,000,000 shall be available to carry out this title in each fiscal year after the enactment of this title [Nov. 12, 1996] until the plan is submitted under subsection (b). Such sums shall remain available until expended.

"(2) After the plan required in subsection (b) is submitted, and for each of the 14 fiscal years thereafter, there are authorized to be appropriated to the Trust not more than the amounts specified in such plan. Such sums shall remain available until expended. Of such sums, funds shall be available through the Trust for law enforcement activities and services to be provided by the United States Park Police at the Presidio in accordance with section 104(i) of this title.

"(b) Within 1 year after the first meeting of the Board of Directors of the Trust, the Trust shall submit to Congress a plan which includes a schedule of annual decreasing federally appropriated funding that will achieve, at a minimum, self-sufficiency for the Trust within 15 complete fiscal years after such meeting of the Trust. No further funds shall be authorized for the Trust 15 years after the first meeting of the Board of Directors of the Trust.

"(c) The Administrator of the General Services Administration shall provide necessary assistance, on a reimbursable basis, including detailees as necessary, to the Trust in the formulation and submission of the annual budget request for the administration, operation, and maintenance of the Presidio.

"SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.

"(a) Three years after the first meeting of the Board of Directors of the Trust, the General Accounting Office [now Government Accountability Office] shall conduct an interim study of the activities of the Trust and shall report the results of the study to the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate, and the Committee on Resources [now Committee on Natural Resources] and Committee on Appropriations of the House of Representatives. The study shall include, but shall not be limited to, details of how the Trust is meeting its obligations under this title.

"(b) In consultation with the Trust, the General Accounting Office [now Government Accountability Office] shall develop an interim schedule and plan to reduce and replace the Federal appropriations to the extent practicable for interpretive services conducted by the National Park Service, and law enforcement activities and services, fire and public safety programs conducted by the Trust.

"(c) Seven years after the first meeting of the Board of Directors of the Trust, the General Accounting Office [now Government Accountability Office] shall conduct a comprehensive study of the activities of the Trust, including the Trust's progress in meeting its obligations under this title, taking into consideration the results of the study described in subsection (a) and the implementation of plan and schedule required in subsection (b). The General Accounting Office shall report the results of the study, including any adjustments to the plan and schedule, to the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate, and the Committee on Resources [now Committee on Natural Resources] and Committee on Appropriations of the House of Representatives.

"SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING UNITS WITHIN THE PRESIDIO.

"(a) Availability of Housing Units for Long-Term Army Lease.—Subject to subsection (c), the Trust shall make available for lease, to those persons designated by the Secretary of the Army and for such length of time as requested by the Secretary of the Army, 22 housing units located within the Presidio that are under the administrative jurisdiction of the Trust and specified in the agreement between the Trust and the Secretary of the Army in existence as of the date of the enactment of this section [Dec. 28, 2001].

"(b) Lease Amount.—The monthly amount charged by the Trust for the lease of a housing unit under this section shall be equivalent to the monthly rate of the basic allowance for housing that the occupant of the housing unit is entitled to receive under section 403 of title 37, United States Code.

"(c) Condition on Continued Availability of Housing Units.—Effective after the end of the four-year period beginning on the date of the enactment of this section, the Trust shall have no obligation to make housing units available under subsection (a) unless, during that four-year period, the Secretary of the Treasury purchases new obligations of at least $80,000,000 issued by the Trust under section 104(d)(2). In the event that this condition is not satisfied, the existing agreement referred to in subsection (a) shall be renewed on the same terms and conditions for an additional five years."
16 U.S.C. § 442 (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 442: George Washington Birthplace National Monument
George Washington Birthplace National Monument
Status: in_force

The land owned by the United States at Wakefield, Westmoreland County, Virginia, and all structures thereon shall constitute the George Washington Birthplace National Monument at Wakefield, Virginia, which is established and set apart for the preservation of the historical associations connected therewith, for the benefit and enjoyment of the people, and the said national monument shall be after January 23, 1930, administered by the National Park Service under the direction of the Secretary of the Interior subject to the provisions of the Act of August 25, 1916 (Thirty-ninth Statutes, page 535),1 as amended.

(Jan. 23, 1930, ch. 24, §§1, 2, 46 Stat. 58.)

Editorial Notes

References in Text

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

Statutory Notes and Related Subsidiaries

George Washington's Boyhood Home, Ferry Farm

Pub. L. 105–355, title V, §509, Nov. 6, 1998, 112 Stat. 3264, provided that:

"(a) Acquisition of Easement.—The Secretary of the Interior may acquire no more than a less than fee interest in the property generally known as George Washington's Boyhood Home, Ferry Farm, located in Stafford County, Virginia, across the Rappahannock River from Fredericksburg, Virginia, comprising approximately 85 acres as generally depicted on the map entitled 'George Washington Birthplace National Monument Boundary Map', numbered 322/80,020, and dated April 1998, to ensure the preservation of the important cultural and natural resources associated with Ferry Farm. The Secretary of the Interior shall keep the map on file and available for public inspection in appropriate offices of the National Park Service.

"(b) Management of Easement.—The Secretary shall enter into a cooperative agreement with Kenmore Association, Inc., for the management of Ferry Farm pending completion of the study referred to in subsection (c).

"(c) Resource Study.—Not later than 18 months after the date on which funds are made available to carry out this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a resource study of the property described in subsection (a). The study shall—

"(1) identify the full range of resources and historic themes associated with Ferry Farm, including those associated with George Washington's tenure at the property and those associated with the Civil War period;

"(2) identify alternatives for further National Park Service involvement at the property beyond those that may be provided for in the acquisition authorized under subsection (a); and

"(3) include cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives identified.

"(d) Agreements.—Upon completion of the resource study under subsection (c), the Secretary of the Interior may enter into an agreement with the owner of the property described in subsection (a) or other entities for the purpose of providing programs, services, facilities, or technical assistance that further the preservation and public use of the property."

Revision of Boundaries; Acquisition of Lands; Administration; Authorization of Appropriations

Pub. L. 107–354, Dec. 17, 2002, 116 Stat. 2984, provided that:

"SECTION 1. ADDITION TO NATIONAL MONUMENT.

"The boundaries of the George Washington Birthplace National Monument (hereinafter referred to as the 'National Monument') are hereby modified to include the area comprising approximately 115 acres, as generally depicted on the map entitled 'George Washington Birthplace National Monument Boundary Map', numbered 332/80,023 and dated October 2001, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.

"SEC. 2. ACQUISITION OF LANDS.

"Within the boundaries of the National Monument, the Secretary of the Interior (hereinafter referred to as the 'Secretary') is authorized to acquire lands, or interests therein, from willing owners by donation, purchase with donated money or appropriated funds, or exchange.

"SEC. 3. ADMINISTRATION OF NATIONAL MONUMENT.

"In administering the National Monument, the Secretary shall take actions necessary to preserve and interpret the history and resources associated with George Washington, the generations of the Washington family who lived in the vicinity and their contemporaries, and 18th century plantation life and society."

Pub. L. 103–25, May 3, 1993, 107 Stat. 68, provided that:

"SECTION 1. ADDITION TO NATIONAL MONUMENT.

"The boundaries of the George Washington Birthplace National Monument (hereinafter referred to as the 'National Monument') are hereby modified to include the area comprising approximately 12 acres, as generally depicted on the map entitled 'George Washington Birthplace National Monument Boundary Map', numbered 332/80,011A and dated September 1992, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.

"SEC. 2. ACQUISITION OF LANDS.

"Within the boundaries of the National Monument, the Secretary of the Interior (hereinafter referred to as the 'Secretary') is authorized to acquire lands, or interests therein, by donation, purchase with donated or appropriated funds, or exchange.

"SEC. 3. ADMINISTRATION OF NATIONAL MONUMENT.

"In administering the National Monument, the Secretary shall take such action as is necessary to preserve and interpret the history and resources associated with George Washington, the generations of the Washington family who lived in the vicinity, and their contemporaries, as well as 18th century plantation life and society.

"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated such sums as may be necessary to carry out this Act."

Executive Documents

Transfer of Functions

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

Additional Lands

Additional lands were added to and made part of the monument by Presidential Proc. No. 1944, Mar. 30, 1931, 47 Stat. 2446.

1 See References in Text note below.
16 U.S.C. § 433b (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXI: NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS / Section 433b: Administration, protection, and development
Administration, protection, and development
Status: in_force

The administration, protection and development of the aforesaid peace memorial shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes",1 as amended.

(June 2, 1936, ch. 477, §2, 49 Stat. 1394; Pub. L. 92–568, §1, Oct. 26, 1972, 86 Stat. 1181.)

Editorial Notes

References in Text

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

Statutory Notes and Related Subsidiaries

Change of Name

"Peace memorial" substituted in text for "national monument" to conform to redesignation of Perry's Victory and International Peace Memorial National Monument as Perry's Victory and International Peace Memorial provided in section 1 of Pub. L. 92–568, classified to section 433f–1 of this title.

Executive Documents

Transfer of Functions

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

1 See References in Text note below.
16 U.S.C. § 3503 (2024) — Title 16: CONSERVATION / Chapter 55: COASTAL BARRIER RESOURCES / Section 3503: Establishment of John H. Chafee Coastal Barrier Resources System
Establishment of John H. Chafee Coastal Barrier Resources System
Status: in_force

(a) Establishment

There is established the John H. Chafee Coastal Barrier Resources System, which shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted as System units or Otherwise Protected Areas—

(1) on the maps on file with the Secretary entitled "Coastal Barrier Resources System", dated October 24, 1990;

(2) on a map described in section 201(b) of the Bolstering Ecosystems Against Coastal Harm Act; or

(3) on a map described in paragraph (1) or (2) as such map may be replaced, modified, revised, or corrected under—

(A) subsection (f)(3);

(B) section 4 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note); or

(C) any other provision of law enacted on or after November 16, 1990, that specifically replaces or authorizes the modification, revision, or correction of such a map.

(b) System maps

(1) In general

The Secretary shall keep the maps referred to in subsection (a) on file and available for public inspection in the Office of the Director of the United States Fish and Wildlife Service, and in such other offices of that service as the Director considers appropriate.

(2) Digital maps

(A) Availability

The Secretary shall make available to the public on the Internet web site of the United States Fish and Wildlife Service digital versions of the maps included in the set of maps referred to in subsection (a).

(B) Effect

Any determination as to whether a location is inside or outside the System shall be made without regard to the digital maps available under this paragraph, except that this subparagraph does not apply with respect to any printed version of such a digital map if the printed version is included in the maps referred to in subsection (a).

(C) Report

No later than 180 days after December 21, 2018, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report regarding the progress and challenges in the transition from paper to digital maps and a timetable for completion of the digitization of all maps related to the System.

(c) Boundary review and modification

At least once every 5 years, the Secretary shall review the maps referred to in subsection (a) and shall make, in consultation with the appropriate State, local, and Federal officials, such minor and technical modifications to the boundaries of System units as are necessary solely to reflect changes that have occurred in the size or location of any System unit as a result of natural forces.

(d) Additions to System

The Secretary may add a parcel of real property to the System, if—

(1) the owner of the parcel requests, in writing, that the Secretary add the parcel to the System; and

(2) the parcel is an undeveloped coastal barrier.

(e) Addition of excess Federal property

(1) Consultation and determination

Prior to transfer or disposal of excess property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 that may be a coastal barrier, the Administrator of General Services shall consult with and obtain from the Secretary a determination as to whether and what portion of the property constitutes a coastal barrier. Not later than 180 days after the initiation of such consultation, the Secretary shall make and publish notice of such determination. Immediately upon issuance of a positive determination, the Secretary shall—

(A) prepare a map depicting the coastal barrier portion of such property; and

(B) publish in the Federal Register notice of the addition of such property to the System.

(2) Effective date of inclusion

An area to be added to the System under this subsection shall be part of the System effective on the date on which the Secretary publishes notice in the Federal Register under paragraph (1)(B) with respect to that area.

(f) Maps

The Secretary shall—

(1) keep a map showing the location of each boundary modification made under subsection (c) and of each parcel of real property added to the System under subsection (d) or (e) on file and available for public inspection in the Office of the Director of the United States Fish and Wildlife Service and in such other offices of the Service as the Director considers appropriate;

(2) provide a notification of the availability of the map to—

(A) the State and unit of local government in which the property is located;

(B) the Committees; and

(C) the Federal Emergency Management Agency; and

(3) revise the maps referred to in subsection (a) to reflect each boundary modification under subsection (c) and each addition of real property to the System under subsection (d) or (e), after publishing in the Federal Register a notice of any such proposed revision.

(g) Guidelines for certain recommendations and determinations

(1) In general

In making any recommendation to the Congress regarding the addition of any area to the System or in determining whether, at the time of the inclusion of a System unit within the System, a coastal barrier is undeveloped, the Secretary shall consider whether within the area—

(A) the density of development is less than 1 structure per 5 acres of land above mean high tide; and

(B) there is existing infrastructure consisting of—

(i) a road, with a reinforced road bed, to each lot or building site in the area;

(ii) a wastewater disposal system sufficient to serve each lot or building site in the area;

(iii) electric service for each lot or building site in the area; and

(iv) a fresh water supply for each lot or building site in the area.

(2) Structure defined

In paragraph (1), the term "structure" means a walled and roofed building, other than a gas or liquid storage tank, that—

(A) is principally above ground and affixed to a permanent site, including a manufactured home on a permanent foundation; and

(B) covers an area of at least 200 square feet.

(3) Savings clause

Nothing in this subsection supersedes the official maps referred to in subsection (a).

(Pub. L. 97–348, §4, Oct. 18, 1982, 96 Stat. 1654; Pub. L. 97–396, §8, Dec. 31, 1982, 96 Stat. 2007; Pub. L. 100–707, title II, §204(b), Nov. 23, 1988, 102 Stat. 4713; Pub. L. 101–591, §3, Nov. 16, 1990, 104 Stat. 2931; Pub. L. 106–167, §3(c)(3), Dec. 9, 1999, 113 Stat. 1804; Pub. L. 106–514, §§2–3(b)(1), (c), (d), Nov. 13, 2000, 114 Stat. 2394, 2395; Pub. L. 115–358, §§2(d), 3, Dec. 21, 2018, 132 Stat. 5080; Pub. L. 118–117, title I, §102, Nov. 25, 2024, 138 Stat. 1610.)

Editorial Notes

References in Text

Section 201 of the Bolstering Ecosystems Against Coastal Harm Act, referred to in subsec. (a)(2), is section 201 of Pub. L. 118–117, which is listed in a table of Revision of Maps for Units of System set out below.

Section 4 of the Coastal Barrier Improvement Act of 1990, referred to in subsec. (a)(3)(B), is section 4 of Pub. L. 101–591, which is set out as a note below.

Codification

The text of section 4(d) of Pub. L. 101–591, which was transferred and redesignated so as to appear as subsec. (e) of this section and amended by Pub. L. 106–514, was based on Pub. L. 101–591, §4(d), Nov. 16, 1990, 104 Stat. 2933, formerly included in a note set out under this section.

In subsec. (e)(1), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2024—Subsec. (a). Pub. L. 118–117, §102(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "There is established the John H. Chafee Coastal Barrier Resources System, which shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted on the maps on file with the Secretary entitled 'Coastal Barrier Resources System', dated October 24, 1990, as those maps may be replaced, modified, revised, or corrected under—

"(1) subsection (f)(3);

"(2) section 4 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591); or

"(3) any other provision of law enacted on or after November 16, 1990, that specifically replaces such a map or authorizes the modification, revision, or correction."

Subsec. (e)(1). Pub. L. 118–117, §102(2)(A), in introductory provisions, substituted "a coastal barrier" for "an undeveloped coastal barrier" in two places.

Subsec. (e)(1)(A). Pub. L. 118–117, §102(2)(B), struck out "undeveloped" before "coastal barrier".

Subsec. (f)(2). Pub. L. 118–117, §102(3), substituted "notification of the availability of the map" for "copy of the map" in introductory provisions.

2018—Subsec. (a). Pub. L. 115–358, §2(d)(1), inserted "replaced," after "may be" in introductory provisions.

Subsec. (a)(3). Pub. L. 115–358, §2(d)(2), inserted "replaces such a map or" after "that specifically".

Subsec. (b). Pub. L. 115–358, §3, designated existing provisions as par. (1), inserted heading, and added par. (2).

2000—Subsec. (a). Pub. L. 106–514, §3(d), substituted "which shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted on the maps on file with the Secretary entitled 'Coastal Barrier Resources System', dated October 24, 1990, as those maps may be modified, revised, or corrected under—" and pars. (1) to (3) for "which shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted on the maps on file with the Secretary entitled 'Coastal Barrier Resources System', dated October 24, 1990, as such maps may be revised by the Secretary under section 4 of the Coastal Barrier Improvement Act of 1990."

Subsec. (d). Pub. L. 106–514, §3(a), added subsec. (d).

Subsec. (e). Pub. L. 106–514, §3(b)(1), transferred and redesignated the text of section 4(d) of Pub. L. 101–591 so as to appear as subsec. (e) of this section, in par. (1), substituted "180" for "one hundred and eighty" in introductory provisions and struck out "shall" before "publish" in subpar. (B), in par. (2), substituted "paragraph (1)(B)" for "subsection (d)(1)(B)", and struck out par. (3), which required revision of maps as soon as practicable after a unit was added to the System. See Codification note above.

Subsec. (f). Pub. L. 106–514, §3(c), added subsec. (f).

Subsec. (g). Pub. L. 106–514, §2, added subsec. (g).

1999—Pub. L. 106–167, §3(c)(3)(A), substituted "John H. Chafee Coastal Barrier Resources System" for "Coastal Barrier Resources System" in section catchline.

Subsec. (a). Pub. L. 106–167, §3(c)(3)(B), substituted "the John H. Chafee Coastal Barrier Resources System" for "the Coastal Barrier Resources System".

1990—Pub. L. 101–591 amended section generally, substituting provisions relating to establishment of Coastal Barrier Resources System consisting of undeveloped coastal barriers and other areas on United States coasts identified on maps entitled "Coastal Barrier Resources System" dated Oct. 24, 1990, as maintained and revised by the Secretary, for provisions which related to Coastal Barrier Resources System consisting of undeveloped coastal barriers on the Atlantic and Gulf Coasts of the United States and included within the System on Apr. 19, 1983, and undeveloped coastal barriers along Great Lakes shore areas to be recommended by the Secretary and so designated by Congress, with maps to be revised by the Secretary and maintained by Office of Director of United States Fish and Wildlife Service.

1988—Pub. L. 100–707 amended section generally to provide that the Coastal Barrier Resources System include those undeveloped coastal barriers located on the Atlantic and Gulf Coasts of the United States and included within the System on Apr. 19, 1983, and the Great Lakes barriers, to make all System maps available to public inspection, and to revise and update provisions for making boundary modifications.

1982—Subsec. (a)(1). Pub. L. 97–396 inserted "(but excluding maps T02 and T03)" after "A01 through T12", and "and the maps designated T02A and T03A, dated December 8, 1982" after "and dated September 30, 1982".

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 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.

Coastal Barrier Resources Reauthorization

Pub. L. 109–226, May 25, 2006, 120 Stat. 381, as amended by Pub. L. 115–358, §4, Dec. 21, 2018, 132 Stat. 5081, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Coastal Barrier Resources Reauthorization Act of 2005'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Otherwise protected area.—The term 'otherwise protected area' has the meaning given the term in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591).

"(2) Pilot project.—The term 'pilot project' means the digital mapping pilot project authorized under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106–514).

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

"(4) System unit.—The term 'System unit' has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502).

"[SEC. 3. Repealed. Pub. L. 115–358, §4, Dec. 21, 2018, 132 Stat. 5081.]

"SEC. 4. DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE PROTECTED AREAS.

"(a) In General.—The Secretary shall carry out a project to create digital versions of all of the John H. Chafee Coastal Barrier Resources System maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), including maps of otherwise protected areas, that were not included in the pilot project.

"(b) Data.—

"(1) Use of existing data.—To the maximum extent practicable, in carrying out the project under this section, the Secretary shall use any digital spatial data in the possession of Federal, State, and local agencies, including digital orthophotos, color infrared photography, wetlands data, and property parcel data.

"(2) Provision of data by other agencies.—The head of a Federal agency that possesses any data referred to in paragraph (1) shall, on request of the Secretary, promptly provide the data to the Secretary at no cost.

"(3) Provision of data by non-federal agencies.—State and local agencies and any other non-Federal entities that possess data referred to in paragraph (1) are encouraged, on request of the Secretary, to promptly provide the data to the Secretary at no cost.

"(4) Additional data.—If the Secretary determines that any data necessary to carry out the project under this section does not exist, the Director of the United States Fish and Wildlife Service shall enter into an agreement with the Director of the United States Geological Survey under which the United States Geological Survey, in cooperation with the heads of other Federal agencies, as appropriate, shall obtain and provide to the Director of the United States Fish and Wildlife Service the data required to carry out this section.

"(5) Data standards.—All data used or created to carry out this section shall comply with—

"(A) the National Spatial Data Infrastructure established by Executive Order No. 12906 (59 Fed. Reg. 17671) [43 U.S.C. 1457 note]; and

"(B) any other standards established by the Federal Geographic Data Committee established by the Office of Management and Budget circular numbered A–16.

"(c) Report.—

"(1) In general.—Not later than 5 years after the submission of the report under section 3(a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a report regarding the digital maps created under this section.

"(2) Consultation.—The Secretary shall prepare the report required under paragraph (1)—

"(A) in consultation with the Governors of the States in which the System units and otherwise protected areas are located; and

"(B) after—

"(i) providing an opportunity for the submission of public comments; and

"(ii) considering any public comments submitted under clause (i).

"(3) Contents.—The report required under paragraph (1) shall contain—

"(A) a description of the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps;

"(B) a summary of the comments received from Governors, other government officials, and the public regarding the digital maps created under this section;

"(C) recommendations for the adoption of the digital maps created under this section by Congress;

"(D) recommendations for expansion of the John H. Chafee Coastal Barrier Resources System and otherwise protected areas, as in existence on the date of enactment of this Act [May 25, 2006];

"(E) a summary and update on the implementation and use of the digital maps created under the pilot project; and

"(F) a description of the feasibility of, and the amount of funding necessary for—

"(i) making all of the System unit and otherwise protected area maps available to the public in digital format; and

"(ii) facilitating the integration of digital System unit and otherwise protected area boundaries into Federal, State, and local planning tools.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2006 through 2010.

"SEC. 5. AUTHORIZATION OF APPROPRIATIONS."

[Amended section 3510 of this title.]

Digital Mapping Pilot Project

Pub. L. 106–514, §6, Nov. 13, 2000, 114 Stat. 2396, provided that:

"(a) In General.—

"(1) Project.—The Secretary of the Interior (referred to in this section as the 'Secretary'), in consultation with the Director of the Federal Emergency Management Agency, shall carry out a pilot project to determine the feasibility and cost of creating digital versions of the John H. Chafee Coastal Barrier Resources System maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) (as amended by section 3(d)).

"(2) Number of units.—The pilot project shall consist of the creation of digital maps for no more than 75 units and no fewer than 50 units of the John H. Chafee Coastal Barrier Resources System (referred to in this section as the 'System'), 1/3 of which shall be otherwise protected areas (as defined in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591)).

"(b) Data.—

"(1) Use of existing data.—To the maximum extent practicable, in carrying out the pilot project under this section, the Secretary shall use digital spatial data in the possession of State, local, and Federal agencies including digital orthophotos, and shoreline, elevation, and bathymetric data.

"(2) Provision of data by other agencies.—The head of a Federal agency that possesses data referred to in paragraph (1) shall, upon request of the Secretary, promptly provide the data to the Secretary at no cost.

"(3) Additional data.—If the Secretary determines that data necessary to carry out the pilot project under this section do not exist, the Secretary shall enter into an agreement with the Director of the United States Geological Survey under which the Director shall obtain, in cooperation with other Federal agencies, as appropriate, and provide to the Secretary the data required to carry out this section.

"(4) Data standards.—All data used or created to carry out this section shall comply with—

"(A) the National Spatial Data Infrastructure established by Executive Order 12906 (59 Fed. Reg. 17671 (April 13, 1994)) [43 U.S.C. 1457 note]; and

"(B) any other standards established by the Federal Geographic Data Committee established by Office of Management and Budget Circular A–16.

"(c) Digital Maps Not Controlling.—Any determination as to whether a location is inside or outside the System shall be made without regard to the digital maps created under this section.

"(d) Report.—

"(1) In general.—Not later than 3 years after the date of enactment of this Act [Nov. 13, 2000], the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a report that describes the results of the pilot project and the feasibility, data needs, and costs of completing digital maps for the entire System.

"(2) Contents.—The report shall include a description of—

"(A) the cooperative agreements that would be necessary to complete digital mapping of the entire System;

"(B) the extent to which the data necessary to complete digital mapping of the entire System are available;

"(C) the need for additional data to complete digital mapping of the entire System;

"(D) the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; and

"(E) the amount of funding necessary to complete digital mapping of the entire System.

"(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $500,000 for each of fiscal years 2002 through 2004."

Findings

Pub. L. 106–167, §2, Dec. 9, 1999, 113 Stat. 1803, provided that: "Congress finds that—

"(1) during the past 2 decades, Senator John H. Chafee was a leading voice for the protection of the environment and the conservation of the natural resources of the United States;

"(2) Senator Chafee served on the Environment and Public Works Committee of the Senate for 22 years, influencing every major piece of environmental legislation enacted during that time;

"(3) Senator Chafee led the fight for clean air, clean water, safe drinking water, and cleanup of toxic wastes, and for strengthening of the National Wildlife Refuge System and protections for endangered species and their habitats;

"(4) millions of people of the United States breathe cleaner air, drink cleaner water, and enjoy more plentiful outdoor recreation opportunities because of the work of Senator Chafee;

"(5) in 1982, Senator Chafee authored and succeeded in enacting into law the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.) to minimize loss of human life, wasteful expenditure of Federal revenues, and damage to fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf Coasts; and

"(6) to reflect the invaluable national contributions made by Senator Chafee during his service in the Senate, the Coastal Barrier Resources System should be named in his honor."

Redesignation of Coastal Barrier Resources System

Pub. L. 106–167, §3(a), (b), Dec. 9, 1999, 113 Stat. 1804, provided that:

"(a) In General.—The Coastal Barrier Resources System established by section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is redesignated as the 'John H. Chafee Coastal Barrier Resources System'.

"(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Coastal Barrier Resources System shall be deemed to be a reference to the John H. Chafee Coastal Barrier Resources System."

Revision of Maps for Units of System

The following acts directed the Secretary of the Interior to make technical revisions to, corrections to, and replacement of maps relating to particular units of the John H. Chafee Coastal Barrier Resources System:

Pub. L. 118–117, title II, §201, Nov. 25, 2024, 138 Stat. 1613.

Pub. L. 115–358, §2(a)–(c), Dec. 21, 2018, 132 Stat. 5078–5080, as amended by Pub. L. 116–9, title II, §2402A(a), Mar. 12, 2019, 133 Stat. 747.

Pub. L. 114–314, §1, Dec. 16, 2016, 130 Stat. 1535.

Pub. L. 114–128, §1, Feb. 29, 2016, 130 Stat. 287.

Pub. L. 113–253, Dec. 18, 2014, 128 Stat. 2895.

Pub. L. 110–419, §1, Oct. 15, 2008, 122 Stat. 4773.

Pub. L. 109–355, §1, Oct. 16, 2006, 120 Stat. 2018.

Pub. L. 109–354, §1, Oct. 16, 2006, 120 Stat. 2017.

Pub. L. 108–380, §1, Oct. 30, 2004, 118 Stat. 2210.

Pub. L. 108–339, §1, Oct. 18, 2004, 118 Stat. 1361.

Pub. L. 108–138, §1, Dec. 1, 2003, 117 Stat. 1869.

Pub. L. 108–7, div. F, title I, §155, Feb. 20, 2003, 117 Stat. 246.

Pub. L. 106–360, §1, Oct. 27, 2000, 114 Stat. 1399.

Pub. L. 106–332, Oct. 19, 2000, 114 Stat. 1306.

Pub. L. 106–128, §1, Dec. 6, 1999, 113 Stat. 1652.

Pub. L. 106–116, §1, Nov. 29, 1999, 113 Stat. 1544.

Pub. L. 105–277, div. A, §101(e) [title I, title I, §134, title III, §335], Oct. 21, 1998, 112 Stat. 2681–231, 2681–238, 2681–264, 2681–295.

Pub. L. 104–333, div. I, title II, §220, Nov. 12, 1996, 110 Stat. 4115.

Pub. L. 104–265, title II, §201, Oct. 9, 1996, 110 Stat. 3289.

Pub. L. 104–148, §2, May 24, 1996, 110 Stat. 1378.

Pub. L. 103–461, §1(a), (b), Nov. 2, 1994, 108 Stat. 4804.

Pub. L. 102–440, title III, §303, Oct. 23, 1992, 106 Stat. 2234.

Correction of Errors in Maps; Modification of Boundaries; Additions to System

Pub. L. 101–591, §4, Nov. 16, 1990, 104 Stat. 2932, as amended by Pub. L. 106–514, §3(b)(1)(A), (2), Nov. 13, 2000, 114 Stat. 2395, provided that:

"(a) Technical Revision of Maps and Provision to State and Local Government.—Not later than 180 days after the date of the enactment of this Act [Nov. 16, 1990], the Secretary shall—

"(1) make such technical revisions to the maps referred to in section 4(a) of the Coastal Barrier Resources Act [16 U.S.C. 3503(a)] (as amended by section 3 of this Act) as may be necessary to correct existing clerical and typographical errors in the maps; and

"(2) provide copies of the maps, as so revised, to—

"(A) each State and each local government in which is located a unit of the System;

"(B) the coastal zone management agency of each State—

"(i) in which is located a unit of the System; and

"(ii) which has a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455); and

"(C) appropriate Federal agencies.

"(b) Recommendations of State and Local Governments for Boundary Modifications.—(1) Not later than 1 year after the date of the enactment of this Act [Nov. 16, 1990]—

"(A) a local government in which is located a unit of the System and which is in a State which has a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455); and

"(B) the coastal zone management agency of a State in which is located a unit of the System and which has such a program approved;

may each submit to the Secretary recommendations for minor and technical modifications to the boundaries of existing units of the System located in that local government or State, respectively.

"(2) If, in the case of any minor and technical modification to the boundaries of System units made under the authority of section 4(e) of the Coastal Barrier Resources Act (16 U.S.C. 3503(e)), an appropriate chief executive officer of a State, county or equivalent jurisdiction, or State coastal zone management agency to which notice was given in accordance with this subsection files comments disagreeing with all or part of the modification and the Secretary makes a modification which is in conflict with such comments, or if the Secretary fails to adopt a modification pursuant to a proposal submitted by an appropriate State coastal zone management agency under paragraph (1) of this subsection, the Secretary shall submit to the chief executive officer a written justification for the failure to make modifications consistent with such comments or proposals.

"(c) Elections to Add to System.—

"(1) Provision of maps by secretary.—Not later than 180 days after the date of the enactment of this Act [Nov. 16, 1990], the Secretary shall provide—

"(A) to each local government in which is located an undeveloped coastal barrier not included within the System; and

"(B) to the Governor of each State in which such an area is located;

maps depicting those undeveloped coastal barriers not included within the System located in that local government or State, respectively.

"(2) Elections.—Not later than 18 months after the date of the enactment of this Act, a local government and the Governor of any State referred to in paragraph (1), and any qualified organization—

"(A) may each elect to add to the System, as a new unit or as an addition to an existing unit, any area of qualified coastal barrier (or any portion thereof) which is owned or held by the local government, State, or qualified organization, respectively;

"(B) shall notify the Secretary of that election; and

"(C) shall submit to the Secretary a map depicting the area, if—

"(i) the area (or portion) is not depicted on a map provided by the Secretary under paragraph (1); or

"(ii) the local government, State, or qualified organization was not provided maps under paragraph (1).

"(3) Effective date of election.—An area elected by a local government, Governor of a State, or qualified organization to be added to the System under this subsection shall be part of the System effective on the date on which the Secretary publishes notice in the Federal Register under subsection (e)(1)(C) with respect to that election.

"[(d) Redesignated section 3503(e) of this title.]

"(e) Modification of Boundaries, Revision of Maps, and Publication of Notice.—

"(1) In general.—Not later than 2 years after the date of the enactment of this Act [Nov. 16, 1990], the Secretary—

"(A) based on recommendations submitted by local governments and State coastal zone management agencies under subsection (b), may make such minor and technical modifications to the boundaries of existing units of the System as are consistent with the purposes of the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.) and are necessary to clarify the boundaries of those units;

"(B) shall revise the maps referred to in section 4(a) of the Act [16 U.S.C. 3503(a)] (as amended by section 3 of this Act)—

"(i) to reflect those modifications; and

"(ii) to reflect each election of a local government, Governor of a State, or qualified organization to add an area to the System pursuant to subsection (c); and

"(C) shall publish in the Federal Register notice of each such modification or election.

"(2) Effective date of modifications.—A modification of the boundaries of a unit of the System under paragraph (1)(A) shall take effect on the date on which the Secretary published notice in the Federal Register under paragraph (1)(C) with respect to that modification."

Pacific Coastal Barrier Protection Study and Maps

Section 6 of Pub. L. 101–591 directed Secretary of the Interior, not later than 6 months after Nov. 16, 1990, to prepare and submit to Congress a study examining the need for protecting undeveloped coastal barriers along the Pacific coast of the United States south of 49 degrees north latitude through inclusion in the System; as soon as practicable after Nov. 16, 1990, to prepare maps identifying the boundaries of those undeveloped coastal barriers (as that term is defined in 16 U.S.C. 3502(1)) of the United States bordering the Pacific Ocean south of 49 degrees north latitude; and, not later than 12 months after Nov. 16, 1990, to submit to Congress maps identifying the boundaries of those undeveloped coastal barriers of the United States bordering the Pacific Ocean south of 49 degrees north latitude which the Secretary and the appropriate Governor consider to be appropriate for inclusion in the System.

Report Regarding Coastal Barrier Management

Pub. L. 101–591, §8, Nov. 16, 1990, 104 Stat. 2937, which established the Coastal Barriers Task Force, provided for its membership, required the Task Force to submit a report to Congress regarding the Coastal Barrier Resources System not later than the expiration of the 2-year period beginning on Nov. 16, 1990, and required the Task Force to terminate 90 days after submission of the report, was repealed by Pub. L. 106–514, §4(b), Nov. 13, 2000, 114 Stat. 2396.

Definitions

Pub. L. 101–591, §12, Nov. 16, 1990, 104 Stat. 2940, as amended by Pub. L. 106–167, §3(c)(6), Dec. 9, 1999, 113 Stat. 1804, provided that: "For purposes of this Act [see Short Title of 1990 Amendment note set out under section 3501 of this title]—

"(1) the term 'undeveloped coastal barrier' means—

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

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

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

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

but only if such features and associated habitats contain few manmade structures and these structures, and man's activities on such features and within such habitats, do not significantly impede geomorphic and ecological processes.

"(2) the term 'otherwise protected area' means an undeveloped coastal barrier within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes;

"(3) the term 'qualified organization' means such an organization under section 170(h)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)(3));

"(4) the term 'Secretary' means the Secretary of the Interior; and

"(5) the term 'System' means the John H. Chafee Coastal Barrier Resources System established by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.), as amended by this Act."
16 U.S.C. § 460g (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LXVII: COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS / Section 460g: Transfer to State, etc., for roadway purposes
Transfer to State, etc., for roadway purposes
Status: in_force

The Secretary of the Army may, by quitclaim deed, deed of easement, or otherwise, transfer to the State in which lands sold for cottage site development and use pursuant to this subchapter are located, or to any political subdivision thereof, or to any organization consisting of not less than 50 per centum of the owners of cottage sites in the area, without monetary consideration, any lands being used or to be used for roads primarily to serve the cottage site areas: Provided, however, That the deed or other instrument transferring such land shall specifically provide for appropriate use and maintenance of the property by the State, political subdivision, or organization, and any deed conveying title to such lands for roadway purposes shall contain the condition and limitation that in the event the land conveyed shall fail or cease to be used for roadway purposes the same shall immediately revert to and vest in the United States.

(Aug. 6, 1956, ch. 987, §3, 70 Stat. 1065.)
16 U.S.C. § 7407 (2024) — Title 16: CONSERVATION / Chapter 93: AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING / Section 7407: Enforcement
Enforcement
Status: in_force

(a) Existing authorities and responsibilities

(1) Authorities and responsibilities

The authorities and responsibilities under subsections (a), (b), and (c) of section 1861 of this title and subsection (f) of section 1858 of this title and paragraphs (2), (3), and (7) of section 2439(b) of this title shall apply with respect to enforcement of this chapter.

(2) Included vessels

For purposes of enforcing this chapter, any reference in such paragraphs and subsections to a "vessel" or "fishing vessel" includes all vessels as defined in section 7402(8) of this title.

(3) Application of other provisions

Such paragraphs and subsections apply to violations of this chapter and any regulations promulgated under this chapter.

(b) Civil enforcement

(1) Civil administrative penalties

(A) In general

Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with section 554 of title 5) to have committed an act prohibited under section 7406 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be consistent with the amount under section 1858(a) of this title.

(B) Compromise or other action by secretary

The Secretary shall have the same authority as provided in section 1858(e) of this title with respect to a violation of this chapter.1

(2) In rem jurisdiction

For purposes of this chapter, the conditions for in rem liability shall be consistent with section 1858(d) of this title.

(3) Action upon failure to pay assessment

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

(c) Forfeiture

(1) In general

Any foreign vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) imported or possessed in connection with or as 2 result of the commission of any act prohibited by section 7406 of this title shall be subject to forfeiture under section 1860 of this title.

(2) Application of the customs laws

All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property.

(3) Presumption

For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this chapter (including any regulation promulgated under this chapter 1) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing.

(d) Criminal enforcement

Any person (other than a foreign government agency, or entity wholly owned by a foreign government) who knowingly commits an act prohibited by section 7406 of this title shall be subject to subsections (b) and (c) of section 1859 of this title.

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

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

(Pub. L. 114–81, title III, §308, Nov. 5, 2015, 129 Stat. 668.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1)(B) and the second place appearing in subsec. (c)(3), was in the original "this Act" and was translated as meaning "this title" to reflect the probable intent of Congress.

1 See References in Text note below.

2 So in original. The word "a" probably should appear.
16 U.S.C. § 470bb (2024) — Title 16: CONSERVATION / Chapter 1B: ARCHAEOLOGICAL RESOURCES PROTECTION / Section 470bb: Definitions
Definitions
Status: in_force

As used in this chapter—

(1) The term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.

(2) The term "Federal land manager" means, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public lands or Indian lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this chapter of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land managed by such other Secretary or agency head, and in any such case, the term "Federal land manager" means the Secretary of the Interior.

(3) The term "public lands" means—

(A) lands which are owned and administered by the United States as part of—

(i) the national park system,

(ii) the national wildlife refuge system, or

(iii) the national forest system; and

(B) all other lands the fee title to which is held by the United States, other than lands on the Outer Continental Shelf and lands which are under the jurisdiction of the Smithsonian Institution.

(4) The term "Indian lands" means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or an Indian individual.

(5) The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.].

(6) The term "person" means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Indian tribe, or of any State or political subdivision thereof.

(7) The term "State" means any of the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

(Pub. L. 96–95, §3, Oct. 31, 1979, 93 Stat. 721; Pub. L. 100–588, §1(a), Nov. 3, 1988, 102 Stat. 2983.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1988—Par. (3). Pub. L. 100–588 substituted a period for semicolon at end.
16 U.S.C. § 4741 (2024) — Title 16: CONSERVATION / Chapter 67: AQUATIC NUISANCE PREVENTION AND CONTROL / Subchapter IV: AUTHORIZATION OF APPROPRIATIONS / Section 4741: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) Prevention of unintentional introductions

There are authorized to be appropriated to develop and implement the provisions of subchapter II—

(1) $500,000 until the end of fiscal year 1992 to the Secretary to carry out sections 4711 1 and 4712(a)(3) of this title;

(2) $2,000,000 until the end of fiscal year 1992 to the Director and Under Secretary to carry out the studies under sections 4712(a)(1) and 4712(a)(2 2 of this title;

(3) to the Secretary to carry out section 4711 1 of this title—

(A) $2,000,000 for each of fiscal years 1997 and 1998; and

(B) $3,000,000 for each of fiscal years 1999 through 2002;

(4) for each of fiscal years 1997 through 2002, to carry out paragraphs (1) and (2) of section 4712(b) of this title—

(A) $1,000,000 to the Department of the Interior, to be used by the Director; and

(B) $1,000,000 to the Secretary; and

(5) for each of fiscal years 1997 through 2002—

(A) $3,000,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to the Under Secretary to carry out section 4712(e) of this title; and

(B) $500,000 to the Secretary to carry out section 4712(f) of this title.

(b) Task Force and aquatic nuisance species program

There are authorized to be appropriated for each of fiscal years 1997 through 2002 to develop and implement the provisions of subchapter III—

(1) $6,000,000 to the Department of the Interior, to be used by the Director to carry out sections 4722 and 4728 of this title;

(2) $1,000,000 to the Department of Commerce, to be used by the Under Secretary to carry out section 4722 of this title;

(3) $1,625,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to fund aquatic nuisance species prevention and control research under section 4722(i) of this title at the Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration, of which $500,000 shall be made available for grants, to be competitively awarded and subject to peer review, for research relating to Lake Champlain;

(4) $5,000,000 for competitive grants for university research on aquatic nuisance species under section 4722(f)(3) of this title as follows:

(A) $2,800,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to fund grants under section 1124 of title 33;

(B) $1,200,000 to fund grants to colleges for the benefit of agriculture and the mechanic arts referred to in section 322 of title 7; and

(C) $1,000,000 to fund grants through the Cooperative Fisheries and Wildlife Research Unit Program of the United States Fish and Wildlife Service;

(5) $3,000,000 to the Department of the Army, to be used by the Assistant Secretary to carry out section 4722(i)(1)(B) of this title; and

(6) $300,000 to the Department of the Interior, to be used by the Director to fund regional panels and similar entities under section 4723 of this title, of which $100,000 shall be used to fund activities of the Great Lakes Commission.

(c) Grants for State management programs

There are authorized to be appropriated for each of fiscal years 1997 through 2002 $4,000,000 to the Department of the Interior, to be used by the Director for making grants under section 4724 of this title, of which $1,500,000 shall be used by the Director, in consultation with the Assistant Secretary, for management of aquatic nuisance vegetation species.

(d) Intentional introductions policy review

There are authorized to be appropriated for fiscal year 1991, $500,000 to the Director and the Under Secretary to conduct the intentional introduction policy review under section 4727 of this title.

(e) Ballast water management demonstration program

There are authorized to be appropriated $2,500,000 to carry out section 4714 of this title.

(f) Research

There are authorized to be appropriated to the Director $1,000,000 to carry out research on the prevention, monitoring, and control of aquatic nuisance species in Narragansett Bay, Rhode Island. The funds shall be made available for use by the Department of Environmental Management of the State of Rhode Island.

(Pub. L. 101–646, title I, §1301, Nov. 29, 1990, 104 Stat. 4772; Pub. L. 102–186, §4(b)(2), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 104–332, §2(f), (h)(1), Oct. 26, 1996, 110 Stat. 4090, 4091.)

Editorial Notes

References in Text

Section 4711 of this title, referred to in subsec. (a)(1), (3), was repealed by Pub. L. 115–282, title IX, §903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354.

Codification

"Section 322 of title 7" substituted in subsec. (b)(4)(B) for "the first section of the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322)". Section 1 of the act of Aug. 30, 1890, is classified to sections 322 and 323 of Title 7, Agriculture, but only section 322 refers to agriculture and the mechanic arts.

Amendments

1996—Pub. L. 104–332, §2(h)(1), made technical amendment to Pub. L. 101–646, §1301, which enacted this section.

Subsec. (a)(3). Pub. L. 104–332, §2(f)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "$1,000,000 for each of fiscal years 1993, 1994, and 1995 to the Secretary for implementation and enforcement of the regulations promulgated under section 4711 of this title."

Subsec. (a)(4), (5). Pub. L. 104–332, §2(f)(1)(A), (C), added pars. (4) and (5).

Subsec. (b). Pub. L. 104–332, §2(f)(2)(A), substituted "1997 through 2002" for "1991, 1992, 1993, 1994, and 1995" in introductory provisions.

Subsec. (b)(1) to (7). Pub. L. 104–332, §2(f)(2)(B), added pars. (1) to (6) and struck out former pars. (1) to (7) which read as follows:

"(1) $7,000,000 to the Director to carry out sections 4722 and 4728 of this title;

"(2) $5,000,000 to the Under Secretary to carry out section 4722 of this title;

"(3) $1,125,000 to fund aquatic nuisance species prevention and control research under section 4722(i) of this title at the Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration;

"(4) $5,000,000 for competitive grants for university research on aquatic nuisance species under section 4722(f)(3) of this title as follows:

"(A) $3,375,000 to fund grants under the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.), and of this amount, $2,500,000 to fund grants in the Great Lakes region; and

"(B) $1,675,000 to fund grants through the Cooperative Fisheries and Wildlife Research Unit Program of the United States Fish and Wildlife Service;

"(5) $500,000 to fund Sea Grant Marine Advisory Services education and technical assistance related to infestations of zebra mussels under sections 4722(g) and (h) of this title;

"(6) $200,000 to fund aquatic nuisance species prevention and control activities of the Great Lakes Commission; and

"(7) $2,000,000 to the Assistant Secretary to carry out section 4722(i)(2) of this title."

Subsec. (c). Pub. L. 104–332, §2(f)(3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "There are authorized to be appropriated for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to make grants under section 4724 of this title—

"(1) $2,500,000 to the Director; and

"(2) $5,000,000 to the Assistant Secretary."

Subsecs. (e), (f). Pub. L. 104–332, §2(f)(4), added subsecs. (e) and (f).

1991—Subsec. (b)(4)(A). Pub. L. 102–186 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "$3,375,000 to fund grants under section 1125 of title 33, and of this amount, $2,500,000 to fund grants in the Great Lakes region; and".

1 See References in Text note below.

2 So in original. Probably should be followed by a closing parenthesis.
16 U.S.C. § 1683 (2024) — Title 16: CONSERVATION / Chapter 36: FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING / Subchapter IV: WOOD RESIDUE UTILIZATION / Section 1683: Pilot projects; requirements; residue removal credits as compensation; implementation guidelines
Pilot projects; requirements; residue removal credits as compensation; implementation guidelines
Status: in_force

The Secretary may carry out pilot wood residue utilization projects under which purchasers of National Forest System timber under contracts awarded prior to October 1, 1986, may, except as otherwise provided in this section, be required to remove wood residues not purchased by them to points of prospective use in return for compensation in the form of "residue removal credits." Such projects may be carried out where the Secretary identifies situations in which pilot wood residue utilization projects on the National Forest system can provide important information on various methods and approaches to increasing the utilization, in residential, commercial, and industrial or powerplant applications, of wood residues and where such information cannot reasonably be obtained unless the pilot projects are done in conjunction with normal National Forest timber sale activities. The residue removal credits shall be applied against the amount payable for the timber purchased and shall represent the anticipated cost of removal of wood residues. The following guidelines shall apply to projects carried out under this section:

(1) Except in cases where wood residue removal is determined to be necessary for fire prevention, site preparation for regeneration, wildlife habitat improvement, or other land management purposes, the Secretary may not provide for removal of wood residues in instances where the anticipated cost of removal would exceed the anticipated value.

(2) The residue removal credits authorized by this section shall not exceed the amount payable by the purchaser for timber after the application of all other designated charges and credits.

(3) The Secretary may sell the wood residues removed to points of prospective use for not less than their appraised value.

(4) Pilot projects, demonstrations, and other programs established pursuant to this subchapter shall be carried out in a manner which does not result in an adverse effect on the furnishing of timber, free of charge, under any other provision of law.

(5) Wood residues shall be collected from a site so as to avoid soil depletion or erosion giving full consideration to the protection of wildlife habitat.

(6) For the purposes of section 500 of this title, (A) any residue removal credit applied under this section shall be considered as "money received" or "moneys received", respectively, and (B) the "money received" or "moneys received", respectively, from the sales of wood residues removed to points of prospective use shall be the proceeds of the sales less the sum of any residue removal credit applied with respect to such residues plus any costs incurred by the Forest Service in processing and storing such residues.

(Pub. L. 96–554, §4, Dec. 19, 1980, 94 Stat. 3257.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1981, see section 9 of Pub. L. 96–554, set out as a note under section 1681 of this title.
16 U.S.C. § 3821 (2024) — Title 16: CONSERVATION / Chapter 58: ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM / Subchapter III: WETLAND CONSERVATION / Section 3821: Program ineligibility
Program ineligibility
Status: in_force

(a) Production on converted wetland

Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—

(1) in violation of this section; and

(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.

(b) Ineligibility for certain loans and payments

If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:

(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [7 U.S.C. 7201 et seq.], the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act.

(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,1 if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity.

(3) During the crop year:

(A) A payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV.

(B) A payment under any other provision of subchapter IV.

(C) A payment under section 2201 or 2202 of this title.

(D) A payment, loan, or other assistance under section 1003 or 1006a of this title.

(c) Ineligibility for crop insurance premium assistance

(1) Requirements

(A) In general

If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) pursuant to this subsection.

(B) Applicability

Ineligibility under this subsection shall—

(i) only apply to reinsurance years subsequent to the date of a final determination of a violation, including all administrative appeals; and

(ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of the final determination.

(2) Conversions

(A) In general

Notwithstanding paragraph (1), ineligibility for crop insurance premium assistance shall apply in accordance with this paragraph.

(B) New conversions

In the case of a wetland that the Secretary determines was converted after February 7, 2014—

(i) the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an exemption pursuant to section 3822 of this title applies; or

(ii) for any violation that the Secretary determines impacts less than 5 acres of an entire farm, the person may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, to the fund described in section 3841(f) of this title for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance.

(C) Prior conversions

In the case of a wetland that the Secretary determines was converted prior to February 7, 2014, ineligibility under this subsection shall not apply.

(D) Conversions and new policies or plans of insurance

In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after February 7, 2014—

(i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and

(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 reinsurance years.

(3) Limitations

(A) Mitigation required

Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance year to initiate a mitigation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under this subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

(B) Persons covered for the first time

Notwithstanding the requirements of paragraph (1), in the case of a person that is subject to this subsection for the first time solely due to the amendment made by section 2611(b) of the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final determination is made, including all administrative appeals, of a violation described in this subsection to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.

(C) Good faith

If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit a violation described in this subsection as described in section 3822(h) of this title, the person shall have 2 reinsurance years to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.

(D) Tenant relief

(i) In general

If a tenant is determined to be ineligible for payments and other benefits under this subsection, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that—

(I) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable plan for restoration or mitigation for the farm;

(II) the landlord on the farm refuses to comply with the plan on the farm; and

(III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance.

(ii) Report

The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph.

(E) Certificate of compliance

(i) In general

Beginning with the first full reinsurance year immediately following February 7, 2014, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) shall provide certification of compliance with this section as determined by the Secretary.

(ii) Timely evaluation

The Secretary shall evaluate the certification in a timely manner and—

(I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and

(II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of this subsection, ineligibility shall not apply to the person for that violation.

(iii) Equitable contribution

(I) In general

If a person fails to notify the Secretary as required and is subsequently found to be in violation of this subsection, the Secretary shall—

(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and

(bb) deposit the contribution in the fund described in section 3841(f) of this title.

(II) Limitation

The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph.

(4) Duties of the Secretary

(A) In general

In carrying out this subsection, the Secretary shall use existing processes and procedures for certifying compliance.

(B) Responsibility

The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection.

(C) Limitation

The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device.

(d) Wetland conversion

(1) In general

Except as provided in section 3822 of this title and notwithstanding any other provision of law, any person who in any crop year beginning after November 28, 1990, converts a wetland by draining, dredging, filling, leveling, or any other means for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland shall be ineligible for those payments, loans, or programs specified in subsection (b) for that crop year and all subsequent crop years.

(2) Duty of the Secretary

No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under section 3822(b) of this title applies to that person.

(e) Prior loans

This section shall not apply to a loan described in subsection (b) made before December 23, 1985.

(f) Wetland

The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subchapter.

(Pub. L. 99–198, title XII, §1221, Dec. 23, 1985, 99 Stat. 1507; Pub. L. 101–624, title XIV, §1421(b), Nov. 28, 1990, 104 Stat. 3572; Pub. L. 102–237, title II, §204(3), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 102–552, title III, §308(a), Oct. 28, 1992, 106 Stat. 4116; Pub. L. 104–127, title III, §321, Apr. 4, 1996, 110 Stat. 986; Pub. L. 107–171, title II, §2002(b), May 13, 2002, 116 Stat. 233; Pub. L. 113–79, title II, §2611(b), Feb. 7, 2014, 128 Stat. 763; Pub. L. 115–334, title II, §§2101, 2301(d)(1)(B), Dec. 20, 2018, 132 Stat. 4530, 4553.)

Editorial Notes

References in Text

The Agricultural Market Transition Act, referred to in subsec. (b)(1), is title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which is classified principally to chapter 100 (§7201 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 7201 of Title 7 and Tables.

The Commodity Credit Corporation Charter Act, referred to in subsec. (b)(1), is act June 29, 1948, ch. 704, 62 Stat. 1070, which is classified generally to subchapter II (§714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables.

The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(2), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.

The Federal Crop Insurance Act, referred to in subsec. (c)(1)(A), (3)(A), (E)(i), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.

Section 2611(b) of the Agricultural Act of 2014, referred to in subsec. (c)(3)(B), is section 2611(b) of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 763, which amended this section.

Amendments

2018—Subsec. (b)(3)(A). Pub. L. 115–334, §2301(d)(1)(B), inserted "subpart A of" before "part IV".

Subsec. (d). Pub. L. 115–334, §2101, designated existing provisions as par. (1), inserted heading, and added par. (2).

2014—Subsecs. (c) to (f). Pub. L. 113–79 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

2002—Subsec. (e). Pub. L. 107–171 added subsec. (e).

1996—Pub. L. 104–127, §321(a)(2), reenacted section catchline without change.

Subsec. (a). Pub. L. 104–127, §321(a)(2), added subsec. (a) and struck out former subsec. (a) which related to ineligibility of persons producing an agricultural commodity on converted wetland to receive certain Federal payments, loans, insurance benefits, and other benefits.

Subsec. (b). Pub. L. 104–127, §321(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104–127, §321(b)(1), inserted heading and substituted "beginning after November 28, 1990," for "subsequent to November 28, 1990," and "subsection (b)" for "subsections (a)(1) through (3)".

Pub. L. 104–127, §321(a)(1), redesignated subsec. (b) as (c).

Subsec. (d). Pub. L. 104–127, §321(b)(2), added subsec. (d).

1992—Subsec. (a)(1)(D). Pub. L. 102–552 made technical correction to directory language of Pub. L. 102–237. See 1991 Amendment note below.

1991—Subsec. (a)(1)(D). Pub. L. 102–237, as amended by Pub. L. 102–552, substituted "(7 U.S.C. 1421 note)" for "(16 U.S.C. 1421 note)".

1990—Subsec. (a). Pub. L. 101–624, §1421(b)(1), designated existing provisions as subsec. (a).

Subsec. (a)(1)(D). Pub. L. 101–624, §1421(b)(2), inserted reference to section 132 of the Disaster Assistance Act of 1989 and similar provisions enacted after Aug. 14, 1989.

Subsec. (a)(3). Pub. L. 101–624, §1421(b)(3)–(5), added par. (3).

Subsec. (b). Pub. L. 101–624, §1421(b)(6), added subsec. (b).

Statutory Notes and Related Subsidiaries

Change of Name

Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to section 6932 of Title 7, Agriculture, by Pub. L. 115–334, title XII, §12404(a), Dec. 20, 2018, 132 Stat. 4974.

Effective Date of 1996 Amendment

Pub. L. 104–127, title III, §326, Apr. 4, 1996, 110 Stat. 992, provided that: "This subtitle [subtitle C (§§321–326) of title III of Pub. L. 104–127, enacting section 3823 of this title, amending this section and section 3822 of this title, and repealing former section 3823 of this title] and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act [Apr. 4, 1996]."

Short Title

Pub. L. 99–198, title XII, subtitle C, Dec. 23, 1985, 99 Stat. 1507, which is classified generally to this subchapter, is popularly known as the swampbuster provisions.

1 See Change of Name note below.
16 U.S.C. § 698i (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 698i: Administration of Big Cypress Preserve; applicability of other laws; rules and regulations for use of lands and waters; transportation facilities; consultation and cooperation with Secretary of Transportation
Administration of Big Cypress Preserve; applicability of other laws; rules and regulations for use of lands and waters; transportation facilities; consultation and cooperation with Secretary of Transportation
Status: in_force

(a) The area within the boundaries depicted on the map referred to in section 698f of this title shall be known as the Big Cypress National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of sections 698f to 698m–4 of this title and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented.

(b) In administering the preserve, the Secretary shall develop and publish in the Federal Register such rules and regulations as he deems necessary and appropriate to limit or control the use of Federal lands and waters with respect to:

(1) motorized vehicles,

(2) exploration for and extraction of oil, gas, and other minerals,

(3) grazing,

(4) draining or constructing of works or structures which alter the natural water courses,

(5) agriculture,

(6) hunting, fishing, and trapping,

(7) new construction of any kind, and

(8) such other uses as the Secretary determines must be limited or controlled in order to carry out the purposes of sections 698f to 698m–4 of this title: Provided, That the Secretary shall consult and cooperate with the Secretary of Transportation to assure that necessary transportation facilities shall be located within existing or reasonably expanded rights-of-way and constructed within the reserve 2 in a manner consistent with the purposes of sections 698f to 698m–4 of this title.

(Pub. L. 93–440, §4, Oct. 11, 1974, 88 Stat. 1260.)

Editorial Notes

References in Text

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

1 See References in Text note below.

2 So in original. Probably should be "preserve".
16 U.S.C. § 695f (2024) — Title 16: CONSERVATION / Chapter 6: GAME AND BIRD PRESERVES; PROTECTION / Section 695f: Construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws
Construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws
Status: in_force

The cost of investigation, planning, and construction of the works and the delivery of water as authorized in section 695e of this title shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto).

(Aug. 27, 1954, ch. 1012, §3, 68 Stat. 879.)

Editorial Notes

References in Text

Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
16 U.S.C. § 1151 (2024) — Title 16: CONSERVATION / Chapter 24: CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS / Subchapter I: FUR SEAL MANAGEMENT / Section 1151: Definitions
Definitions
Status: in_force

(a) "Commission" means the North Pacific Fur Seal Commission established pursuant to article V of the Convention.

(b) "Convention" means the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington on February 9, 1957, as amended by the protocol signed in Washington on October 8, 1963; by the exchange of notes among the party governments which became effective on September 3, 1969; by the protocol signed in Washington on May 7, 1976; and by the protocol signed in Washington on October 14, 1980, by the parties.

(c) "Cure" or "curing" means the performance of those post-harvest activities traditionally performed on the Pribilof Islands, including cooling, washing, removal of blubber, soaking in brine, draining, treating with salt or boric acid, and packing in containers for shipment of fur seal skins.

(d) "Fur Seal" means the North Pacific Fur Seal, Callorhinus Ursinus.

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

(f) "Natives of the Pribilof Islands" means any Aleuts who are permanent residents of the Pribilof Islands, or any organization or entity representing such natives.

(g) "North Pacific Ocean" means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas.

(h) "Party" or "parties" means the United States of America, Canada, Japan, and Russia (except that as used in subsection (b) of this section, "party" and "parties" refer to the Union of Soviet Socialist Republics).

(i) "Person" means any individual, partnership, corporation, trust, association or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.

(j) "Pribilof Islands" means the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock.

(k) "Sealing" means the taking of fur seals.

(l) "Secretary" means the Secretary of Commerce.

(m) "Take" or "taking" means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill.

(Pub. L. 89–702, title I, §101, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, §2, Oct. 14, 1983, 97 Stat. 835; Pub. L. 102–251, title III, §303, Mar. 9, 1992, 106 Stat. 65; Pub. L. 103–199, title VI, §602(1), Dec. 17, 1993, 107 Stat. 2327.)

Amendment of Section

Pub. L. 102–251, title III, §§303, 308, Mar. 9, 1992, 106 Stat. 65, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended by redesignating subsections (f) to (m) as (g) to (n), respectively, and by inserting after subsection (e) the following new subsection:

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

Editorial Notes

Amendments

1993—Subsec. (h). Pub. L. 103–199 substituted "Russia (except that as used in subsection (b) of this section, 'party' and 'parties' refer to the Union of Soviet Socialist Republics)" for "the Union of Soviet Socialist Republics".

1983—Pub. L. 98–129 amended section generally, substituting provisions defining terms, previously defined in former sections 1159 and 1186 of this title, for provisions enumerating the activities prohibited under this chapter. See section 1152 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title.

Short Title of 2016 Amendment

Pub. L. 114–328, div. C, title XXXV, §3531, Dec. 23, 2016, 130 Stat. 2794, provided that: "This subtitle [subtitle B (§§3531–3533) of title XXXV of div. C of Pub. L. 114–328, amending provisions set out as a note under section 1161 of this title] may be cited as the 'Pribilof Islands Transition Completion Amendments Act of 2016'."

Pub. L. 114–120, title V, §521, Feb. 8, 2016, 130 Stat. 70, as amended by Pub. L. 114–328, div. C, title XXXV, §3503(c), Dec. 23, 2016, 130 Stat. 2775, provided that: "This subtitle [subtitle B (§§521–524) of title V of Pub. L. 114–120, amending section 1165 of this title and provisions set out as a note under section 1161 of this title] may be cited as the 'Pribilof Island [sic] Transition Completion Act of 2016'."

Short Title of 2000 Amendments

Pub. L. 106–562, title I, §101, Dec. 23, 2000, 114 Stat. 2794, provided that: "This title [enacting section 1169b of this title, amending sections 1161, 1165, and 1166 of this title, repealing section 1165 of this title, enacting provisions set out as notes under this section and section 1161 of this title, amending provisions set out as a note under section 1165 of this title, and repealing provisions set out as a note under section 1165 of this title] may be referred to as the 'Pribilof Islands Transition Act'."

Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(e)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–244, provided that: "This subsection [enacting section 1169b of this title, amending sections 1161, 1165, and 1166 of this title, repealing section 1165 of this title, enacting provisions set out as notes under this section and section 1161 of this title, amending provisions set out as a note under section 1165 of this title, and repealing provisions set out as a note under section 1165 of this title] may be referred to as the 'Pribilof Islands Transition Act'."

Short Title of 1983 Amendment

Pub. L. 98–129, §1, Oct. 14, 1983, 97 Stat. 835, provided: "That this Act [amending this chapter generally, sections 8332 and 8334 of Title 5, Government Organization and Employees, and section 5323 of Title 25, Indians] may be cited as the 'Fur Seal Act Amendments of 1983'."

Short Title

Pub. L. 89–702, §1, as added by Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(e)(6)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A–248, and Pub. L. 106–562, title I, §106(c), Dec. 23, 2000, 114 Stat. 2799, provided that: "This Act [generally enacting this chapter, for complete classification, see Tables] may be cited as the 'Fur Seal Act of 1966'."
16 U.S.C. § 3844 (2024) — Title 16: CONSERVATION / Chapter 58: ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM / Subchapter V: FUNDING AND ADMINISTRATION / Section 3844: Administrative requirements for conservation programs
Administrative requirements for conservation programs
Status: in_force

(a) Incentives for certain farmers and ranchers and Indian tribes

(1) Incentives authorized

In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program—

(A) to foster new farming and ranching opportunities; and

(B) to enhance long-term environmental goals.

(2) Covered persons

Incentives authorized by paragraph (1) may be provided to the following:

(A) Beginning farmers or ranchers.

(B) Socially disadvantaged farmers or ranchers.

(C) Limited resource farmers or ranchers.

(D) Indian tribes.

(E) Veteran farmers or ranchers (as defined in section 2279(e) 1 of title 7).

(b) Privacy of personal information relating to natural resources conservation programs

(1) Information received for technical and financial assistance

(A) In general

In accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)—

(i) shall not be considered to be public information; and

(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.

(B) Information

The information referred to in subparagraph (A) is information—

(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and

(ii) that is proprietary (within the meaning of section 552(b)(4) of title 5) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer.

(C) Exception

Nothing in this section affects the availability of payment information (including payment amounts and the names and addresses of recipients of payments) under section 552 of title 5.

(2) Exceptions

(A) Release and disclosure for enforcement

The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i).

(B) Disclosure to cooperating persons and agencies

(i) In general

The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and financial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites.

(ii) Use of information

The person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary—

(I) in providing the requested technical or financial assistance; or

(II) in collecting information from data gathering sites.

(C) Statistical and aggregate information

Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any—

(i) individual owner, operator, or producer; or

(ii) specific data gathering site.

(D) Consent of owner, operator, or producer

(i) In general

An owner, operator, or producer may consent to the disclosure of information described in paragraph (1).

(ii) Condition of other programs

The participation of the owner, operator, or producer in, and the receipt of any benefit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or producer providing consent under this paragraph.

(3) Violations; penalties

Section 2276(c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection.

(4) Data collection, disclosure, and review

Nothing in this subsection—

(A) affects any procedure for data collection or disclosure through the National Resources Inventory; or

(B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection.

(c) Plans

The Secretary shall, to the extent practicable, avoid duplication in—

(1) the conservation plans required for—

(A) highly erodible land conservation under subchapter II; and

(B) the conservation reserve program established under subpart B of part I of subchapter IV;

(2) the agricultural conservation easement program established under subchapter VII; and

(3) the environmental quality incentives program established under subpart A of part IV of subchapter IV.

(d) Tenant protection

Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subchapters II through IV, VII, and VIII.

(e) Provision of technical assistance by other sources

In the preparation and application of a conservation compliance plan under subchapter II or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. If the Secretary rejects a technical determination made by such a source, the basis of the Secretary's determination must be supported by documented evidence.

(f) Acreage limitations

(1) Limitations

(A) Enrollments

The Secretary shall not enroll more than 25 percent of the cropland in any county in the conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title.

(B) Easements

Not more than 15 percent of the cropland in a county may be subject to a wetland reserve easement under section 3865c of this title.

(2) Exceptions

The Secretary may exceed the limitation in paragraph (1)(A), if the Secretary determines that—

(A) the action would not adversely affect the local economy of a county; and

(B) operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title.

(3) Waiver to exclude certain acreage

The Secretary may grant a waiver to exclude acreage enrolled under section 3831a of this title from the limitations in paragraph (1)(A) with the concurrence of the county government of the county involved.

(4) Exclusions

(A) Shelterbelts and windbreaks

The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart B of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks.

(B) Wet and saturated soils

For the purposes of enrolling land in a wetland reserve easement under section 3865c of this title, the limitations established under paragraph (1) shall not apply to cropland designated by the Secretary with subclass w in the land capability classes IV through VIII because of severe use limitations due to soil saturation or inundation.

(5) Calculation

In calculating the percentages described in paragraph (1), the Secretary shall include any acreage that was included in calculations of percentages made under such paragraph, as in effect on the day before December 20, 2018, and that remains enrolled when the calculation is made after that date under paragraph (1).

(g) Compliance and performance

For each conservation program under subchapter IV, the Secretary shall develop procedures—

(1) to monitor compliance with program requirements;

(2) to measure program performance;

(3) to demonstrate whether the long-term conservation benefits of the program are being achieved;

(4) to track participation by crop and livestock types; and

(5) to coordinate activities described in this subsection with the national conservation program authorized under section 2004 of this title.

(h) Encouragement of pollinator habitat development and protection

In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage—

(1) the development of habitat for native and managed pollinators; and

(2) the use of conservation practices that benefit native and managed pollinators, including, to the extent practicable, practices that maximize benefits for honey bees.

(i) Streamlined application process

(1) In general

In carrying out each conservation program under this chapter, the Secretary shall ensure that the application process used by producers and landowners is streamlined to minimize complexity and eliminate redundancy.

(2) Review and streamlining

(A) Review

The Secretary shall carry out a review of the application forms and processes for each conservation program covered by this subsection.

(B) Streamlining

On completion of the review the Secretary shall revise application forms and processes, as necessary, to ensure that—

(i) all required application information is essential for the efficient, effective, and accountable implementation of conservation programs;

(ii) conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture;

(iii) information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and

(iv) information technology is used effectively to minimize data and information input requirements.

(3) Implementation and notification

Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall submit to Congress a written notification of completion of the requirements of this subsection.

(j) Review and guidance for practice costs and payment rates

(1) In general

Not later than 1 year after December 20, 2018, and not later than October 1 of each year thereafter, the Secretary shall—

(A) review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this chapter; and

(B) evaluate whether those costs and rates reflect a payment that—

(i) encourages participation in a conservation program administered by the Secretary;

(ii) encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and

(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land.

(2) Guidance; review

The Secretary shall—

(A) issue guidance to States to annually review and adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors described in paragraph (1)(B); and

(B) determine the appropriate practice costs and rates of payments for each State by—

(i) annually reviewing each conservation program payment schedule and payment rate used in the State; and

(ii) consulting with the State technical committee established under section 3861(a) of this title in that State.

(k) Improved administrative efficiency and effectiveness

In administrating a conservation program under this chapter, the Secretary shall, to the maximum extent practicable—

(1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and

(2) take advantage of new technologies to enhance efficiency and effectiveness.

(l) Relation to other payments

Any payment received by an owner or operator under this chapter, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following:

(1) This Act.

(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).

(3) The Agricultural Act of 2014.

(4) Any law that succeeds a law specified in paragraph (1), (2), or (3).

(m) Funding for Indian tribes

In carrying out the conservation stewardship program under subpart B of part IV of subchapter IV and the environmental quality incentives program under subpart A of part IV of subchapter IV, the Secretary shall enter into alternative funding arrangements with Indian tribes if the Secretary determines that—

(1) the goals and objectives of the programs will be met by such arrangements;

(2) a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and

(3) statutory limitations regarding contracts with individual producers will not be exceeded by any tribal member, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program.

(n) Source water protection through targeting of agricultural practices

(1) In general

In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source water for drinking water (including protecting against public health threats) while also benefitting agricultural producers.

(2) Collaboration with water systems and increased incentives

(A) In general

In encouraging practices under paragraph (1), the Secretary shall—

(i) work collaboratively with community water systems and State technical committees established under section 3861(a) of this title to identify, in each State, local priority areas for the protection of source waters for drinking water; and

(ii) subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary.

(B) Limitation

An increased payment under subparagraph (A)(ii) shall not exceed 90 percent of practice costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.

(3) Reservation of funds

(A) In general

In each of fiscal years 2019 through 2031, the Secretary shall use to carry out this subsection not less than 10 percent of any funds available for conservation programs administered by the Secretary under this chapter (other than the conservation reserve program established under subpart B of part I of subchapter IV).

(B) Limitation

Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this chapter.

(o) Environmental services market

The Secretary may not prohibit, through a contract, easement, or agreement under this chapter, a participant in a conservation program administered by the Secretary under this chapter from participating in, and receiving compensation from, an environmental services market if 1 of the purposes of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the conservation program administered by the Secretary.

(p) Regulatory certainty

(1) In general

In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information—

(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—

(i) that relates to soil, water, or wildlife; and

(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and

(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable.

(2) Mechanisms

The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum—

(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1);

(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;

(C) a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and

(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance.

(3) Continuing current collaboration on soil, water, or wildlife conservation practices

The Secretary shall—

(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and

(B) continue collaboration with the Secretary of the Interior on consultation under section 1536(a)(2) of this title or conference under section 1536(a)(4) of this title, as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before December 20, 2018, in accordance with—

(i) the document entitled "Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service", numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and

(ii) United States Fish and Wildlife Service Director's Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.

(4) Savings clause

Nothing in this subsection—

(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;

(B) modifies or otherwise affects, preempts, or displaces—

(i) any cause of action; or

(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or

(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.

(Pub. L. 99–198, title XII, §1244, as added Pub. L. 107–171, title II, §2004(a), May 13, 2002, 116 Stat. 235; amended Pub. L. 110–234, title II, §§2707(a), 2708, May 22, 2008, 122 Stat. 1077, 1079; Pub. L. 110–246, §4(a), title II, §§2707(a), 2708, June 18, 2008, 122 Stat. 1664, 1805, 1807; Pub. L. 113–79, title II, §§2301(b), 2606, Feb. 7, 2014, 128 Stat. 743, 760; Pub. L. 115–141, div. A, title VII, §766, Mar. 23, 2018, 132 Stat. 397; Pub. L. 115–334, title II, §§2202(b)(2), 2301(d)(1)(K), (L), 2503, 2821(f), Dec. 20, 2018, 132 Stat. 4538, 4554, 4580, 4603; Pub. L. 117–169, title II, §21001(c)(6), Aug. 16, 2022, 136 Stat. 2017.)

Editorial Notes

References in Text

Section 2279(e) of title 7, referred to in subsec. (a)(2)(E), was redesignated section 2279(a) of title 7 by Pub. L. 115–334, title XII, §12301(b)(3), Dec. 20, 2018, 132 Stat. 4951.

This chapter, referred to in subsecs. (b)(2)(D)(ii), (i)(1), (j)(1)(A), (k), (l), (n)(3), and (o), was in the original "this title", meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

This Act, referred to in subsec. (l)(1), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

The Agricultural Act of 1949, referred to in subsec. (l)(2), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.

The Agricultural Act of 2014, referred to in subsec. (l)(3), is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649. For complete classification of this Act to the Code, see Tables.

Codification

The text of section 3843(a), (c), and (d) of this title, which was transferred to this section and redesignated as subsecs. (c), (d), and (e), respectively, by Pub. L. 110–246, §2707(a), was based on Pub. L. 99–198, title XII, §1243(a), (c), (d), as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1008, 1009.

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

Prior Provisions

A prior section 3844, Pub. L. 99–198, title XII, §1244, Dec. 23, 1985, 99 Stat. 1515, related to issuance of regulations to carry out subchapters I to V of this chapter, prior to the general amendment of this subchapter by Pub. L. 104–127.

Amendments

2022—Subsec. (n)(3)(A). Pub. L. 117–169 substituted "2031" for "2023".

2018—Subsec. (b)(4)(B). Pub. L. 115–334, §2821(f), substituted "Government Accountability Office" for "General Accounting Office".

Subsec. (c)(3). Pub. L. 115–334, §2301(d)(1)(K), inserted "subpart A of" before "part IV".

Subsec. (f)(1)(B). Pub. L. 115–334, §2503(a)(1), substituted "15 percent" for "10 percent".

Subsec. (f)(3). Pub. L. 115–334, §2202(b)(2), substituted "section 3831a" for "subsection (d)(2)(A)(ii) or (g)(2) of section 3834".

Subsec. (f)(5). Pub. L. 115–334, §2503(a)(2), substituted "December 20, 2018," for "February 7, 2014,".

Subsecs. (j), (k). Pub. L. 115–334, §2503(b)(2), (3), added subsec. (j) and redesignated former subsec. (j) as (k). Former subsec. (k) redesignated (l).

Subsec. (l). Pub. L. 115–334, §2503(b)(2), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).

Pub. L. 115–334, §2301(d)(1)(L), substituted "subpart B of part IV of subchapter IV" for "subpart B of part II of subchapter IV" and "subpart A of part IV of subchapter IV" for "part IV of subchapter IV".

Subsec. (m). Pub. L. 115–334, §2503(c), designated existing provisions as introductory provisions and pars. (1) and (3) and added par. (2), substituted "shall" for "may" in introductory provisions and "arrangements;" for "arrangements, and that" in par. (1), and inserted ", except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program" before period at end of par. (3).

Pub. L. 115–334, §2503(b)(2), redesignated subsec. (l) as (m).

Pub. L. 115–334, §2503(b)(1), struck out subsec. (m) which related to exemption from certain reporting requirements.

Pub. L. 115–141 added subsec. (m).

Subsec. (n). Pub. L. 115–334, §2503(d), added subsec. (n).

Subsec. (o). Pub. L. 115–334, §2503(e), added subsec. (o).

Subsec. (p). Pub. L. 115–334, §2503(f), added subsec. (p).

2014—Subsec. (a)(2)(E). Pub. L. 113–79, §2606(1), added subpar. (E).

Subsec. (c)(1). Pub. L. 113–79, §2301(b)(1)(A), inserted "and" after semicolon in subpar. (A), struck out "and" after semicolon in subpar. (B), and struck out subpar. (C) which read as follows: "the wetlands reserve program established under subpart C of part I of subchapter IV; and".

Subsec. (c)(2), (3). Pub. L. 113–79, §2301(b)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (d). Pub. L. 113–79, §2606(2), inserted ", VII, and VIII" before period at end.

Subsec. (f)(1)(A). Pub. L. 113–79, §2301(b)(2)(A)(i), substituted "conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title" for "programs administered under subparts B and C of part I of subchapter IV".

Subsec. (f)(1)(B). Pub. L. 113–79, §2606(3)(A), substituted "county" for "country".

Pub. L. 113–79, §2301(b)(2)(A)(ii), substituted "a wetland reserve easement under section 3865c of this title" for "an easement acquired under subpart C of part I of subchapter IV".

Subsec. (f)(3). Pub. L. 113–79, §2606(3)(B), substituted "subsection (d)(2)(A)(ii) or (g)(2)" for "subsection (c)(2)(B) or (f)(4)".

Subsec. (f)(4). Pub. L. 113–79, §2301(b)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart C of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks."

Subsec. (f)(5). Pub. L. 113–79, §2301(b)(2)(C), added par. (5).

Subsec. (h)(2). Pub. L. 113–79, §2606(4), inserted ", including, to the extent practicable, practices that maximize benefits for honey bees" before period at end.

Subsecs. (j) to (l). Pub. L. 113–79, §2606(5), added subsecs. (j) to (l).

2008—Subsec. (a). Pub. L. 110–246, §2708(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "In carrying out any conservation program administered by the Secretary, the Secretary may provide to beginning farmers and ranchers and Indian tribes (as those terms are defined in section 3838 of this title) and limited resource agricultural producers incentives to participate in the conservation program to—

"(1) foster new farming and ranching opportunities; and

"(2) enhance environmental stewardship over the long term."

Subsecs. (c) to (e). Pub. L. 110–246, §2707(a), transferred subsecs. (a), (c), and (d) of section 3843 of this title and redesignated them as subsecs. (c) to (e), respectively, of this section. See Codification note above.

Subsecs. (f) to (i). Pub. L. 110–246, §2708(2), added subsecs. (f) to (i).

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.

1 See References in Text note below.
16 U.S.C. § 7705 (2024) — Title 16: CONSERVATION / Chapter 96: NORTH PACIFIC FISHERIES CONVENTION / Section 7705: Enforcement
Enforcement
Status: in_force

(a) In general

The Secretary and the Secretary of the department in which the Coast Guard is operating—

(1) shall administer and enforce this chapter and any regulations issued under this chapter; and

(2) may request and utilize on a reimbursed or nonreimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this chapter.

(b) Secretarial actions

The Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this chapter with respect to fishing activities or the conservation of fisheries resources in the Convention Area in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner, by the same means, and with the same jurisdiction, power, and duties as though sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter.

(c) Jurisdiction of the courts

(1) In general

Subject to paragraphs (2) and (3), the district courts of the United States shall have jurisdiction over any case or controversy arising under this chapter, and any such court may at any time—

(A) enter restraining orders or prohibitions;

(B) issue warrants, process in rem, or other process;

(C) prescribe and accept satisfactory bonds or other security; and

(D) take such other actions as are in the interest of justice.

(2) Hawaii and Pacific insular areas

In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that—

(A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and

(B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.

(3) Construction

Each violation shall be a separate offense and the offense is deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 of title 18.

(d) Confidentiality

(1) In general

Any information submitted to the Secretary in compliance with any requirement under this chapter, and information submitted under any requirement of this chapter that may be necessary to implement the Convention, including information submitted before December 16, 2016, shall be confidential and may not be disclosed, except—

(A) to a Federal employee who is responsible for administering, implementing, or enforcing this chapter;

(B) to the Commission, in accordance with requirements in the North Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person;

(C) to State, Council, or marine fisheries commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person;

(D) when required by court order; or

(E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this chapter.

(2) Use of information

(A) In general

Except as provided in subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this chapter.

(B) Exception

The Secretary may release or make public information submitted under this chapter if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person.

(3) Rule of construction

Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this chapter.

(Pub. L. 114–327, title I, §105, Dec. 16, 2016, 130 Stat. 1980.)

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
16 U.S.C. § 551 (2024) — Title 16: CONSERVATION / Chapter 3: FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT / Subchapter I: GENERAL PROVISIONS / Section 551: Protection of national forests; rules and regulations
Protection of national forests; rules and regulations
Status: in_force

The Secretary of Agriculture shall make provisions for the protection against destruction by fire and depredations upon the public forests and national forests which may have been set aside or which may be hereafter set aside under the provisions of section 471 1 of this title, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of the provisions of this section, sections 473 to 478 and 479 to 482 of this title or such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401(b) to (e) of title 18.

(June 4, 1897, ch. 2, §1, 30 Stat. 35; Feb. 1, 1905, ch. 288, §1, 33 Stat. 628; Pub. L. 87–869, §6, Oct. 23, 1962, 76 Stat. 1157; Pub. L. 88–537, Aug. 31, 1964, 78 Stat. 745; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Editorial Notes

References in Text

Section 471 of this title, referred to in text, was in the original a reference to act Mar. 3, 1891, 26 Stat. 1103, and was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

Codification

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

Amendments

1964—Pub. L. 88–537 provided that persons charged with violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner as in section 3401(b) to (e) of title 18.

1962—Pub. L. 87–869 substituted "by a fine of not more than $500 or imprisonment for not more than six months, or both" for "as is provided for in section 104 of title 18".

Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judge" substituted for "United States magistrate" in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "United States magistrate" substituted for "United States commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

Short Title of 2016 Amendment

Pub. L. 114–275, §1, Dec. 14, 2016, 130 Stat. 1405, provided that: "This Act [enacting section 551c–1 of this title and provisions set out as a note under section 551c–1 of this title] may be cited as the 'Prescribed Burn Approval Act of 2016'."

Short Title of 1990 Amendment

Pub. L. 101–286, §1, May 9, 1990, 104 Stat. 171, provided that: "This Act [enacting sections 551b and 551c of this title, amending sections 18i and 558c of this title and section 1737 of Title 43, Public Lands, and enacting provisions set out as notes under this section and section 551b of this title] may be cited as the 'Wildfire Disaster Recovery Act of 1989'."

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.

Transfer of Functions

Act Feb. 1, 1905, transferred certain functions with regard to administration of public forests from Secretary of the Interior to Secretary of Agriculture.

National Commission on Wildfire Disasters

Pub. L. 101–286, title I, May 9, 1990, 104 Stat. 171, established a National Commission on Wildfire Disasters to study the effects of disastrous wildfires, resulting from natural or other causes, and to make recommendations concerning steps necessary for smooth and timely transition from loss of natural resources due to such fires, directed the Commission to make findings and develop recommendations for consideration by the Secretaries of Agriculture and the Interior with respect to future management of National Forest System lands, national parks, Bureau of Land Management public lands, and community redevelopment activities and programs, directed the Commission to submit to the Secretaries of Agriculture and the Interior, not later than Dec. 1, 1991, a report containing its findings and recommendations, directed the Secretaries to submit the report to specific committees of Congress, and provided for the Commission to cease 90 days after submission of the report.

Existing Rights-of-Way

Provisions of section 706(a) of Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2793, except as pertaining to rights-of-way, not to be construed as affecting the authority of the Secretary of Agriculture under this section, see note set out under section 1701 of Title 43, Public Lands.

Executive Documents

Transfer of Functions

Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with provisions of sections 473, 474 to 482, and 551 of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

1 See References in Text note below.
16 U.S.C. § 521f (2024) — Title 16: CONSERVATION / Chapter 2: NATIONAL FORESTS / Subchapter I: ESTABLISHMENT AND ADMINISTRATION / Section 521f: Costs of conveyance and value of improvements
Costs of conveyance and value of improvements
Status: in_force

Any person to whom lands are conveyed under sections 521c to 521i of this title shall bear all reasonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under sections 521c to 521i of this title, the Secretary may, in those cases in which the Secretary determines it would be in the public interest, exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rights-of-way conveyed under sections 521c to 521i of this title, the person to whom the right-of-way is conveyed shall reimburse the United States for the value of any improvements to such right-of-way which may have been made by the United States. The Secretary may, in those cases in which the Secretary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by sections 521c to 521i of this title or reimbursement by any person for the value of improvements to rights-of-way otherwise required by this section.

(Pub. L. 97–465, §4, Jan. 12, 1983, 96 Stat. 2536.)
16 U.S.C. § 409g (2024) — Title 16: CONSERVATION / Chapter 1: NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES / Subchapter LIII: MORRISTOWN NATIONAL HISTORICAL PARK / Section 409g: Additional lands
Additional lands
Status: in_force

In order to preserve for the benefit and inspiration of the public certain lands historically associated with the winter encampment of General George Washington's Continental Army at Jockey Hollow in 1779 and 1780, and to facilitate the administration and interpretation of the Morristown National Historical Park, the Secretary of the Interior is authorized to procure, from a willing owner only, by purchase, donation, purchase with appropriated funds, or otherwise, not to exceed 715 acres of land and interests therein which 715 acres shall include Stark's Brigade campsite and other lands necessary for the proper administration and interpretation of the Morristown National Historical Park: Provided, That title to the property known as the Cross estate may not be accepted until the property is vacant.

(Pub. L. 88–601, §1, Sept. 18, 1964, 78 Stat. 957; Pub. L. 93–477, title III, §301(6), Oct. 26, 1974, 88 Stat. 1447; Pub. L. 94–578, title III, §315, Oct. 21, 1976, 90 Stat. 2737; Pub. L. 102–118, §1, Oct. 4, 1991, 105 Stat. 586; Pub. L. 115–141, div. G, title I, §119, Mar. 23, 2018, 132 Stat. 661.)

Editorial Notes

Codification

Section was not enacted as a part of act Mar. 2, 1933, ch. 182, 47 Stat. 1421, which comprises this subchapter.

Amendments

2018—Pub. L. 115–141 inserted ", from a willing owner only," after "the Secretary of the Interior is authorized to procure" and substituted "715 acres" for "615 acres" in two places.

1991—Pub. L. 102–118 substituted "615 acres" for "600 acres" in two places.

1976—Pub. L. 94–578 substituted "600 acres" for "465 acres" in two places.

1974—Pub. L. 93–477 substituted "465 acres" for "two hundred and eighty-one acres" in two places and inserted proviso relating to property known as the Cross estate.

Statutory Notes and Related Subsidiaries

Authorization of Appropriations for Additional Lands

Section 3 of Pub. L. 88–601, as amended by Pub. L. 93–477, title I, §101(8), Oct. 26, 1974, 88 Stat. 1445, provided that: "There are authorized to be appropriated such sums, but not more than $2,111,000 for acquisition of lands and interests in land, as may be necessary to carry out the purposes of this Act [sections 409g and 409h of this title]."