dreamproit/uscode huggingface dataset:
16 U.S.C. § 1287 (CONSERVATION)
§ 1287. Authorization of appropriations
There are hereby authorized to be appropriated, including such sums as have heretofore been appropriated, the following amounts for land acquisition for each of the rivers (described in section 1274(a) of this title):
Clearwater, Middle Fork, Idaho, $2,909,800;
Eleven Point, Missouri, $10,407,000;
Feather Middle Fork, California, $3,935,700;
Rio Grande, New Mexico, $253,000;
Rogue, Oregon, $15,147,000;
St. Croix, Minnesota and Wisconsin, $21,769,000;
Salmon Middle Fork, Idaho, $1,837,000;
Wolf, Wisconsin, $142,150.
(Pub. L. 90–542, § 17, formerly § 16, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93–279, § 1(d), May 10, 1974, 88 Stat. 123; Pub. L. 94–273, § 2(11), Apr. 21, 1976, 90 Stat. 375; Pub. L. 95–625, title VII, §§ 751–754, 763(c), Nov. 10, 1978, 92 Stat. 3532, 3533; renumbered Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–625, §§ 751–754, 763(c), increased appropriations authorization for the following rivers, substituting for:
Eleven Point, $10,407,000 for $4,906,500;
Rogue, $15,147,000 for $12,447,200;
Saint Croix, $21,769,000 for $11,768,550; and
Salmon, $1,837,000 for $1,237,100; and
struck out subsec. (a) designation and subsec. (b) which provided for expiration of authority to make authorized appropriations on Sept. 30, 1979.
1976—Subsec. (b). Pub. L. 94–273 substituted “September” for “June”.
1974—Pub. L. 93–279 added subsecs. (a) and (b). Former unlettered provisions authorizing appropriation of amounts up to $17,000,000 for the acquisition of lands and interests in land were struck out.
16 U.S.C. § 1301 (CONSERVATION)
§ 1301. Congressional declaration of policy; authority of Secretary
The Congress finds that it is in the public interest to preserve, restore, and improve the wetlands of the Nation, and thereby to conserve surface waters, to preserve and improve habitat for migratory waterfowl and other wildlife resources, to reduce runoff, soil and wind erosion, and contribute to flood control, to contribute to improved water quality and reduce stream sedimentation, to contribute to improved subsurface moisture, to reduce acres of new land coming into production and to retire lands now in agricultural production, to enhance the natural beauty of the landscape, and to promote comprehensive and total water management planning. The Secretary of Agriculture (hereinafter in this chapter referred to as the “Secretary”) is authorized and directed to formulate and carry out a continuous program to prevent the serious loss of wetlands, and to preserve, restore, and improve such lands, which program shall begin on July 1, 1971.
(Pub. L. 91–559, § 2, Dec. 19, 1970, 84 Stat. 1468.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 91–559, § 1, Dec. 19, 1970, 84 Stat. 1468, provided: “That this Act [enacting this chapter] may be cited as the ‘Water Bank Act’.”
16 U.S.C. § 1303 (CONSERVATION)
§ 1303. Terms of agreement; required provisions
In the agreement between the Secretary and an owner or operator, the owner or operator shall agree—
(1) to place in the program for the period of the agreement eligible wetland areas he designates, which areas may include wetlands covered by a Federal or State government easement which permits agricultural use, together with such adjacent areas as determined desirable by the Secretary;
(2) not to drain, burn, fill, or otherwise destroy the wetland character of such areas, nor to use such areas for agricultural purposes, as determined by the Secretary;
(3) to effectuate the wetland conservation and development plan for his land in accordance with the terms of the agreement, unless any requirement thereof is waived or modified by the Secretary pursuant to section 1306 of this title;
(4) to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder upon his violation of the agreement at any stage during the time he has control of the land subject to the agreement if the Secretary determines that such violation is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the agreement;
(5) upon transfer of his right and interest in the lands subject to the agreement during the agreement period, to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder during the year of the transfer unless the transferee of any such land agrees with the Secretary to assume all obligations of the agreement;
(6) not to adopt any practice specified by the Secretary in the agreement as a practice which would tend to defeat the purposes of the agreement; and
(7) to such additional provisions as the Secretary determines are desirable and includes in the agreement to effectuate the purposes of the program or to facilitate its administration.
(Pub. L. 91–559, § 4, Dec. 19, 1970, 84 Stat. 1470.)
16 U.S.C. § 1304 (CONSERVATION)
§ 1304. Annual payment; adjustment
In return for the agreement of the owner or operator, the Secretary shall (1) make an annual payment to the owner or operator for the period of the agreement at such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the owner or operator; and (2) bear such part of the average cost of establishing and maintaining conservation and development practices on the wetlands and adjacent areas for the purposes of this chapter as the Secretary determines to be appropriate. In making his determination, the Secretary shall consider, among other things, the rate of compensation necessary to encourage owners or operators of wetlands to participate in the water bank program. The rate or rates of annual payments as determined hereunder shall be increased, by an amount determined by the Secretary to be appropriate, in relation to the benefit to the general public of the use of the wetland areas, together with designated adjacent areas, if the owner or operator agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. The rates of annual payment shall be adjusted, to the extent provided for in advance by appropriation Acts, in accordance with section 1302 of this title.
(Pub. L. 91–559, § 5, Dec. 19, 1970, 84 Stat. 1470; Pub. L. 96–182, § 3, Jan. 2, 1980, 93 Stat. 1317.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–182 inserted provisions that the rates of annual payment shall be adjusted, to the extent provided for in advance by appropriation acts, in accordance with section 1302 of this title.
16 U.S.C. § 1305 (CONSERVATION)
§ 1305. Renewal or extension of agreement; participation of subsequent owner or operator in program
Any agreement may be renewed or extended at the end of the agreement period for an additional period of ten years by mutual agreement of the Secretary and the owner or operator, subject to any rate redetermination by the Secretary. If during the agreement period the owner or operator sells or otherwise divests himself of the ownership or right of occupancy of such land, the new owner or operator may continue such agreement under the same terms or conditions, or enter into a new agreement in accordance with the provisions of this chapter, including the provisions for renewal and adjustment of payment rates, or he may choose not to participate in such program.
(Pub. L. 91–559, § 6, Dec. 19, 1970, 84 Stat. 1471.)
heading: Statutory Notes and Related Subsidiaries
heading: One-Year Extension of Agreements
text: Pub. L. 103–393, Oct. 22, 1994, 108 Stat. 4105, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Water Bank Extension Act of 1994’.
“SEC. 2. SPECIAL AUTHORITY TO EXTEND WATER BANK ACT AGREEMENTS.
“(a) Subject to subsection (b), any agreement entered into under the Water Bank Act (16 U.S.C. 1301 et seq.) and due to expire on December 31, 1994, may be extended for 1 year under section 6 of the Water Bank Act (16 U.S.C. 1305).
“(b) The authority to extend Water Bank Act agreements under this Act may only be exercised to the extent that the amount available for obligation under the Wetlands Reserve Program (16 U.S.C. 1637 et seq.) [probably meant former 16 U.S.C. 3837 et seq.], and the amount used for the extension of Water Bank Act agreements under subsection (a), does not exceed $93,200,000 as provided for the Wetlands Reserve Program under the Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1995 [Pub. L. 103–330, 108 Stat. 2453].”
16 U.S.C. § 1306 (CONSERVATION)
§ 1306. Termination or modification of agreements
The Secretary may terminate any agreement by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration.
(Pub. L. 91–559, § 7, Dec. 19, 1970, 84 Stat. 1471.)
16 U.S.C. § 1307 (CONSERVATION)
§ 1307. Utilization of services and facilities
In carrying out the program, the Secretary may utilize the services of local, county, and State committees established under section 590h of this title. The Secretary is authorized to utilize the facilities and services of the Commodity Credit Corporation in discharging his functions and responsibilities under this program.
(Pub. L. 91–559, § 8, Dec. 19, 1970, 84 Stat. 1471.)
16 U.S.C. § 1308 (CONSERVATION)
§ 1308. Advisory Board; appointment; functions; membership; reimbursement for expenses
The Secretary may, without regard to the civil service laws, appoint an Advisory Board to advise and consult on matters relating to his functions under this chapter as he deems appropriate. The Board shall consist of persons chosen from members of organizations such as wildlife organizations, land-grant colleges, farm organizations, State game and fish departments, soil and water conservation district associations, water management organizations, and representatives of the general public. Members of such an Advisory Board who are not regular full-time employees of the United States shall be entitled to reimbursement on an actual expense basis for attendance at Advisory Board meetings.
(Pub. L. 91–559, § 9, Dec. 19, 1970, 84 Stat. 1471.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Boards
text: Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
16 U.S.C. § 1309 (CONSERVATION)
§ 1309. Consultation with Secretary of the Interior; conformity of program with wetlands programs administered by Secretary of the Interior; consultation with and utilization of technical services of appropriate local, State, Federal, and private conservation agencies; coordination of programs
The Secretary shall consult with the Secretary of the Interior and take appropriate measures to insure that the program carried out pursuant to this chapter is in harmony with wetlands programs administered by the Secretary of the Interior. He shall also, insofar as practicable, consult with and utilize the technical and related services of appropriate local, State, Federal, and private conservation agencies to assure coordination of the program with programs of such agencies and a solid technical foundation for the program.
(Pub. L. 91–559, § 10, Dec. 19, 1970, 84 Stat. 1471.)
16 U.S.C. § 1310 (CONSERVATION)
§ 1310. Authorization of appropriations; maximum amount of payments pursuant to agreements
There are hereby authorized to be appropriated without fiscal year limitation, such sums as may be necessary to carry out the program authorized by this chapter. In carrying out the program, in each fiscal year through the fiscal year ending September 30, 1980, the Secretary shall not enter into agreements with owners and operators which would require payments to owners or operators in any calendar year under such agreements in excess of $10,000,000. In carrying out the program, in each fiscal year after the fiscal year ending September 30, 1980, the Secretary shall not enter into agreements with owners and operators which would require payments to owners or operators in any calendar year under such agreements in excess of $30,000,000. Not more than 15 percent of the funds authorized to be appropriated in any fiscal year after the fiscal year ending September 30, 1980, may be used for agreements entered into with owners or operators in any one State.
(Pub. L. 91–559, § 11, Dec. 19, 1970, 84 Stat. 1471; Pub. L. 96–182, § 4, Jan. 2, 1980, 93 Stat. 1317.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–182 limited restrictions on Secretary’s authority to enter into agreements in excess of $10,000,000 to each fiscal year through fiscal year ending Sept. 30, 1980, and inserted restrictions relating to agreements in excess of $30,000,000 for each fiscal year after fiscal year ending Sept. 30, 1980, and that not more than 15 percent of the funds authorized to be appropriated in any fiscal year after fiscal year ending Sept. 30, 1980, may be used for agreements entered into with owners or operators in any one State.
16 U.S.C. § 1331 (CONSERVATION)
§ 1331. Congressional findings and declaration of policy
Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands.
(Pub. L. 92–195, § 1, Dec. 15, 1971, 85 Stat. 649.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 92–195, Dec. 15, 1971, 85 Stat. 649, which enacted this chapter, is popularly known as the “Wild Free-Roaming Horses and Burros Act”.
16 U.S.C. § 1332 (CONSERVATION)
§ 1332. Definitions
As used in this chapter—
(a) “Secretary” means the Secretary of the Interior when used in connection with public lands administered by him through the Bureau of Land Management and the Secretary of Agriculture in connection with public lands administered by him through the Forest Service;
(b) “wild free-roaming horses and burros” means all unbranded and unclaimed horses and burros on public lands of the United States;
(c) “range” means the amount of land necessary to sustain an existing herd or herds of wild free-roaming horses and burros, which does not exceed their known territorial limits, and which is devoted principally but not necessarily exclusively to their welfare in keeping with the multiple-use management concept for the public lands;
(d) “herd” means one or more stallions and his mares; and 1
(e) “public lands” means any lands administered by the Secretary of the Interior through the Bureau of Land Management or by the Secretary of Agriculture through the Forest Service.2
(f) “excess animals” means wild free-roaming horses or burros (1) which have been removed from an area by the Secretary pursuant to applicable law or, (2) which must be removed from an area in order to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area.
(Pub. L. 92–195, § 2, Dec. 15, 1971, 85 Stat. 649; Pub. L. 95–514, § 14(b), Oct. 25, 1978, 92 Stat. 1810.)
heading: Editorial Notes
heading: Amendments
text: 1978—Subsec. (f). Pub. L. 95–514 added subsec. (f).
16 U.S.C. § 1334 (CONSERVATION)
§ 1334. Private maintenance; numerical approximation; strays on private lands: removal; destruction by agents
If wild free-roaming horses or burros stray from public lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be construed to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so in a manner that protects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses or burros on their private lands or lands leased from the Government shall notify the appropriate agent of the Secretary and supply him with a reasonable approximation of the number of animals so maintained.
(Pub. L. 92–195, § 4, Dec. 15, 1971, 85 Stat. 650.)
16 U.S.C. § 1335 (CONSERVATION)
§ 1335. Recovery rights
A person claiming ownership of a horse or burro on the public lands shall be entitled to recover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found.
(Pub. L. 92–195, § 5, Dec. 15, 1971, 85 Stat. 650.)
16 U.S.C. § 1336 (CONSERVATION)
§ 1336. Cooperative agreements; regulations
The Secretary is authorized to enter into cooperative agreements with other landowners and with the State and local governmental agencies and may issue such regulations as he deems necessary for the furtherance of the purposes of this chapter.
(Pub. L. 92–195, § 6, Dec. 15, 1971, 85 Stat. 650.)
heading: Statutory Notes and Related Subsidiaries
heading: Contracts and Agreements for Wild Horse and Burro Holding Facilities
text: Pub. L. 112–74, div. E, title I, § 114, Dec. 23, 2011, 125 Stat. 1009, provided that:
“(a) Notwithstanding any other provision of this Act [div. E of Pub. L. 112–74, see Tables for classification], the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 254c) [see 41 U.S.C. 3903] (except that the 5-year term restriction in subsection (d) [see 41 U.S.C. 3903(a)] shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary.
“(b) During fiscal year 2012 and subsequent fiscal years, in carrying out work involving cooperation with any State or political subdivision thereof, the Bureau of Land Management may record obligations against accounts receivable from any such entities.”
Similar provisions were contained in the following appropriation acts:
Pub. L. 119–74, div. C, title I, § 108, Jan. 23, 2026, 140 Stat. 121.
Pub. L. 118–42, div. E, title I, § 108, Mar. 9, 2024, 138 Stat. 246.
Pub. L. 117–328, div. G, title I, § 108, Dec. 29, 2022, 136 Stat. 4786.
Pub. L. 117–103, div. G, title I, § 108, Mar. 15, 2022, 136 Stat. 375.
Pub. L. 116–260, div. G, title I, § 108, Dec. 27, 2020, 134 Stat. 1504.
Pub. L. 116–94, div. D, title I, § 108, Dec. 20, 2019, 133 Stat. 2712.
Pub. L. 116–6, div. E, title I, § 109, Feb. 15, 2019, 133 Stat. 231.
Pub. L. 115–141, div. G, title I, § 109, Mar. 23, 2018, 132 Stat. 659.
Pub. L. 115–31, div. G, title I, § 109, May 5, 2017, 131 Stat. 460.
Pub. L. 114–113, div. G, title I, § 109, Dec. 18, 2015, 129 Stat. 2549.
Pub. L. 113–235, div. F, title I, § 110, Dec. 16, 2014, 128 Stat. 2419.
Pub. L. 113–76, div. G, title I, § 111, Jan. 17, 2014, 128 Stat. 312.
16 U.S.C. § 1337 (CONSERVATION)
§ 1337. Joint advisory board; appointment; membership; functions; qualifications; reimbursement limitation
The Secretary of the Interior and the Secretary of Agriculture are authorized and directed to appoint a joint advisory board of not more than nine members to advise them on any matter relating to wild free-roaming horses and burros and their management and protection. They shall select as advisers persons who are not employees of the Federal or State Governments and whom they deem to have special knowledge about protection of horses and burros, management of wildlife, animal husbandry, or natural resources management. Members of the board shall not receive reimbursement except for travel and other expenditures necessary in connection with their services.
(Pub. L. 92–195, § 7, Dec. 15, 1971, 85 Stat. 650.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Boards
text: Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.