dreamproit/uscode huggingface dataset:
16 U.S.C. § 5703 (CONSERVATION)
§ 5703. Panel
(a) Representation
The United States shall be represented on the Panel by six individuals, of whom—
(1) one shall be an official of the United States Government with expertise in salmon conservation and management;
(2) one shall be an official of the State of Alaska with expertise in salmon conservation and management; and
(3) four shall be knowledgeable and experienced with regard to the salmon fisheries on the Yukon River.
(b) Appointments
Panel members shall be appointed as follows:
(1) The Panel member described in subsection (a)(1) of this section shall be appointed by the Secretary of State.
(2) The Panel member described in subsection (a)(2) of this section shall be appointed by the Governor of Alaska.
(3) The Panel members described in subsection (a)(3) of this section shall be appointed by the Secretary of State from a list of at least 3 individuals nominated for each position by the Governor of Alaska. The Governor of Alaska may consider suggestions for nominations provided by organizations with expertise in Yukon River salmon fisheries. The Governor of Alaska may make appropriate nominations to allow for, and the Secretary of State shall appoint, at least one member under subsection (a)(3) of this section who is qualified to represent the interests of Lower Yukon River fishing districts, and at least one member who is qualified to represent the interests of Upper Yukon River fishing districts. At least one of the Panel members under subsection (a)(3) of this section shall be an Alaska Native.
(c) Alternates
The Secretary of State may designate an alternate Panel member for each Panel member the Secretary appoints under subsections 1 (b)(1) and (3) of this section, who meets the same qualifications, to serve in the absence of the Panel member. The Governor of the State of Alaska may designate an alternative Panel member for the Panel member appointed under subsection (b)(2) of this section, who meets the same qualifications, to serve in the absence of that Panel member.
(d) Term length
Panel members and alternate Panel members shall serve four-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term.
(e) Reappointment
Panel members and alternate Panel members shall be eligible for reappointment.
(f) Decisions
Decisions by the United States section of the Panel shall be made by the consensus of the Panel members appointed under paragraphs (2) and (3) of subsection (a) of this section.
(g) Consultation
In carrying out their functions under the Agreement, Panel members may consult with such other interested parties as they consider appropriate.
(Pub. L. 104–43, title VII, § 704, Nov. 3, 1995, 109 Stat. 393.)
16 U.S.C. § 5705 (CONSERVATION)
§ 5705. Exemption
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel, the Yukon River Joint Technical Committee, or the Advisory Committee created under section 5704 of this title.
(Pub. L. 104–43, title VII, § 706, Nov. 3, 1995, 109 Stat. 394.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in text, is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 5706 (CONSERVATION)
§ 5706. Authority and responsibility
(a) Responsible management entity
The State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of the Agreement.
(b) Effect of designation
The designation under subsection (a) of this section shall not be considered to expand, diminish, or change the management authority of the State of Alaska or the Federal Government with respect to fishery resources.
(c) Recommendations of Panel
In addition to recommendations made by the Panel to the responsible management entities in accordance with the Agreement, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, Department of Commerce, Department of State, North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature.
(Pub. L. 104–43, title VII, § 707, Nov. 3, 1995, 109 Stat. 394.)
16 U.S.C. § 5708 (CONSERVATION)
§ 5708. Administrative matters
(a) Compensation of Panel members
Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS–15 of the General Schedule when engaged in the actual performance of duties.
(b) Travel and other expenses
Travel and other necessary expenses shall be paid for all Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties.
(c) Status as Federal employees
Except for officials of the United States Government, individuals described in subsection (b) of this section shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 1 of title 28.
(Pub. L. 104–43, title VII, § 709, Nov. 3, 1995, 109 Stat. 395.)
heading: References in Text
text: The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 5723 (CONSERVATION)
§ 5723. Exemption
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel or to an advisory committee established under section 5722 of this title.
(Pub. L. 106–450, title II, § 204, Nov. 7, 2000, 114 Stat. 1943.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in text, is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 5724 (CONSERVATION)
§ 5724. Authority and responsibility
(a) Responsible management entity
The State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of designation
The designation under subsection (a) of this section shall not be considered to expand, diminish, or otherwise change the management authority of the State of Alaska or the Federal Government with respect to fishery resources.
(c) Recommendations of Panel
In addition to recommendations made by the Panel to the responsible management entities in accordance with any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, the Department of Commerce, the Department of State, the North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature.
(Pub. L. 106–450, title II, § 205, Nov. 7, 2000, 114 Stat. 1943.)
16 U.S.C. § 5725 (CONSERVATION)
§ 5725. Administrative matters
(a) Compensation
Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS–15 of the General Schedule when engaged in the actual performance of duties.
(b) Travel and other necessary expenses
Travel and other necessary expenses shall be paid by the Secretary of the Interior for all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title when engaged in the actual performance of duties.
(c) Treatment as Federal employees
Except for officials of the United States Government, all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 1 of title 28.
(Pub. L. 106–450, title II, § 206, Nov. 7, 2000, 114 Stat. 1943.)
heading: References in Text
text: GS–15 of the General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 5727 (CONSERVATION)
§ 5727. Authorization of appropriations
There are authorized to be appropriated to the Secretary of the Interior to carry out this subchapter $4,000,000 for each of fiscal years 2007 through 2011 of which—
(1) such sums as are necessary shall be available each fiscal year for travel expenses of Panel members, alternate Panel members, United States members of the Joint Technical Committee established by paragraph C.2 of the memorandum of understanding concerning the Pacific Salmon Treaty between the Government of the United States and the Government of Canada (recorded January 28, 1985), and members of an advisory committee established and appointed under section 5722 of this title, in accordance with Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5;
(2) such sums as are necessary shall be available for the United States share of expenses incurred by the Joint Technical Committee and any panel established by any agreement between the Government of the United States and the Government of Canada for restoration and enhancement of salmon originating in Canada;
(3) up to $3,000,000 shall be available each fiscal year for activities by the Department of the Interior and the Department of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River in Canada, of which up to $1,200,000 shall be available each fiscal year for Yukon River salmon stock restoration and enhancement projects under section 5726(b) of this title; and
(4) $600,000 shall be available each fiscal year for cooperative salmon research and management projects in the portion of the Yukon River drainage located in the United States that are recommended by the Panel.
(Pub. L. 106–450, title II, § 208, Nov. 7, 2000, 114 Stat. 1944; Pub. L. 108–219, title III, § 303, Apr. 13, 2004, 118 Stat. 616; Pub. L. 109–479, title III, § 302(b), Jan. 12, 2007, 120 Stat. 3623.)
heading: Amendments
text: 2007—Pub. L. 109–479 substituted “$4,000,000 for each of fiscal years 2007 through 2011” for “$4,000,000 for each of fiscal years 2004 through 2008,”.
2004—Pub. L. 108–219 substituted “2004 through 2008” for “2000, 2001, 2002, and 2003” in introductory provisions.
16 U.S.C. § 5801 (CONSERVATION)
§ 5801. Definitions
In this chapter (unless the context otherwise requires):
(1) Board
The term “Board” means the Board of Trustees established under section 5803 of this title.
(2) Department
The term “Department” means the Department of Agriculture.
(3) Foundation
The term “Foundation” means the National Natural Resources Conservation Foundation established by section 5802(a) of this title.
(4) Secretary
The term “Secretary” means the Secretary of Agriculture.
(Pub. L. 104–127, title III, § 352, Apr. 4, 1996, 110 Stat. 1010.)
heading: Short Title
text: Pub. L. 104–127, title III, § 351, Apr. 4, 1996, 110 Stat. 1010, provided that: “This subtitle [subtitle F (§§ 351–360) of title III of Pub. L. 104–127, enacting this chapter and amending section 1101 of [former] Title 36, Patriotic Societies and Observances] may be cited as the ‘National Natural Resources Conservation Foundation Act’.”
16 U.S.C. § 5802 (CONSERVATION)
§ 5802. National Natural Resources Conservation Foundation
(a) Establishment
A National Natural Resources Conservation Foundation is established as a charitable and nonprofit corporation for charitable, scientific, and educational purposes specified in subsection (b) of this section. The Foundation is not an agency or instrumentality of the United States.
(b) Duties
The Foundation shall—
(1) promote innovative solutions to the problems associated with the conservation of natural resources on private lands, particularly with respect to agriculture and soil and water conservation;
(2) promote voluntary partnerships between government and private interests in the conservation of natural resources;
(3) conduct research and undertake educational activities, conduct and support demonstration projects, and make grants to State and local agencies and nonprofit organizations;
(4) provide such other leadership and support as may be necessary to address conservation challenges, such as the prevention of excessive soil erosion, the enhancement of soil and water quality, and the protection of wetlands, wildlife habitat, and strategically important farmland subject to urban conversion and fragmentation;
(5) encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with, the conservation and related activities and services of the Department, particularly the Natural Resources Conservation Service;
(6) undertake, conduct, and encourage educational, technical, and other assistance, and other activities, that support the conservation and related programs administered by the Department (other than activities carried out on National Forest System lands), particularly the Natural Resources Conservation Service, except that the Foundation may not enforce or administer a regulation of the Department; and
(7) raise private funds to promote the purposes of the Foundation.
(c) Limitations and conflicts of interest
(1) Political activities
The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office.
(2) Conflicts of interest
No director, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting—
(A) the financial interests of the director, officer, or employee; or
(B) the interests of any corporation, partnership, entity, organization, or other person in which the director, officer, or employee—
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.
(3) Legislation or government action or policy
No funds of the Foundation may be used in any manner for the purpose of influencing legislation or government action or policy.
(4) Litigation
No funds of the Foundation may be used to bring or join an action against the United States.
(Pub. L. 104–127, title III, § 353, Apr. 4, 1996, 110 Stat. 1010.)
16 U.S.C. § 5803 (CONSERVATION)
§ 5803. Composition and operation
(a) Composition
The Foundation shall be administered by a Board of Trustees that shall consist of 9 voting members, each of whom shall be a United States citizen and not a Federal officer. The Board shall be composed of—
(1) individuals with expertise in agricultural conservation policy matters;
(2) a representative of private sector organizations with a demonstrable interest in natural resources conservation;
(3) a representative of statewide conservation organizations;
(4) a representative of soil and water conservation districts;
(5) a representative of organizations outside the Federal Government that are dedicated to natural resources conservation education; and
(6) a farmer or rancher.
(b) Nongovernmental employees
Service as a member of the Board shall not constitute employment by, or the holding of, an office of the United States for the purposes of any Federal law.
(c) Membership
(1) Initial members
The Secretary shall appoint 9 persons who meet the criteria established under subsection (a) of this section as the initial members of the Board and designate 1 of the members as the initial chairperson for a 2-year term.
(2) Terms of office
(A) In general
A member of the Board shall serve for a term of 3 years, except that the members appointed to the initial Board shall serve, proportionately, for terms of 1, 2, and 3 years, as determined by the Secretary.
(B) Limitation on terms
No individual may serve more than 2 consecutive 3-year terms as a member of the Board.
(3) Subsequent members
The initial members of the Board shall adopt procedures in the constitution of the Foundation for the nomination and selection of subsequent members of the Board. The procedures shall require that each member, at a minimum, meets the criteria established under subsection (a) of this section and shall provide for the selection of an individual, who is not a Federal officer or a member of the Board.
(d) Chairperson
After the appointment of an initial chairperson under subsection (c)(1) of this section, each succeeding chairperson of the Board shall be elected by the members of the Board for a 2-year term.
(e) Vacancies
A vacancy on the Board shall be filled by the Board not later than 60 days after the occurrence of the vacancy.
(f) Compensation
A member of the Board shall receive no compensation from the Foundation for the service of the member on the Board.
(g) Travel expenses
While away from the home or regular place of business of a member of the Board in the performance of services for the Board, the member shall be allowed travel expenses paid by the Foundation, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Government service is allowed under section 5703 of title 5.
(Pub. L. 104–127, title III, § 354, Apr. 4, 1996, 110 Stat. 1011.)
16 U.S.C. § 5804 (CONSERVATION)
§ 5804. Officers and employees
(a) In general
The Board may—
(1) appoint, hire, and discharge the officers and employees of the Foundation, other than appoint the initial Executive Director of the Foundation;
(2) adopt a constitution and bylaws for the Foundation that are consistent with the purposes of this chapter; and
(3) undertake any other activities that may be necessary to carry out this chapter.
(b) Officers and employees
(1) Appointment and hiring
An officer or employee of the Foundation—
(A) shall not, by virtue of the appointment or employment of the officer or employee, be considered a Federal employee for any purpose, including the provisions of title 5 governing appointments in the competitive service, except that such an individual may participate in the Federal employee retirement system as if the individual were a Federal employee; and
(B) may not be paid by the Foundation a salary in excess of $125,000 per year.
(2) Executive Director
(A) Initial Director
The Secretary shall appoint an individual to serve as the initial Executive Director of the Foundation who shall serve, at the direction of the Board, as the chief operating officer of the Foundation.
(B) Subsequent Directors
The Board shall appoint each subsequent Executive Director of the Foundation who shall serve, at the direction of the Board, as the chief operating officer of the Foundation.
(C) Qualifications
The Executive Director shall be knowledgeable and experienced in matters relating to natural resources conservation.
(Pub. L. 104–127, title III, § 355, Apr. 4, 1996, 110 Stat. 1012.)
16 U.S.C. § 5806 (CONSERVATION)
§ 5806. Administrative services and support
For each of fiscal years 1996 through 1998, the Secretary may provide, without reimbursement, personnel, facilities, and other administrative services of the Department to the Foundation.
(Pub. L. 104–127, title III, § 357, Apr. 4, 1996, 110 Stat. 1014.)
16 U.S.C. § 5807 (CONSERVATION)
§ 5807. Audits and petition of Attorney General for equitable relief
(a) Audits
(1) In general
The accounts of the Foundation shall be audited in accordance with section 10101 of title 36, including an audit of lobbying and litigation activities carried out by the Foundation.
(2) Repealed. Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499
(b) Relief with respect to certain Foundation acts or failure to act
The Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate, if the Foundation—
(1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with this chapter; or
(2) refuses, fails, neglects, or threatens to refuse, fail, or neglect, to discharge the obligations of the Foundation under this chapter.
(Pub. L. 104–127, title III, § 358, Apr. 4, 1996, 110 Stat. 1014; Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499.)
heading: Codification
text: “Section 10101 of title 36” substituted in subsec. (a)(1) for “Public Law 88–504 (36 U.S.C. 1101 et seq.)” on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
heading: Amendments
text: 1998—Subsec. (a)(2). Pub. L. 105–225 repealed par. (2) which amended section 1101(77) of former title 36.
16 U.S.C. § 5808 (CONSERVATION)
§ 5808. Release from liability
(a) In general
The United States shall not be liable for any debt, default, act, or omission of the Foundation. The full faith and credit of the United States shall not extend to the Foundation.
(b) Statement
An obligation issued by the Foundation, and a document offering an obligation, shall include a prominent statement that the obligation is not directly or indirectly guaranteed, in whole or in part, by the United States (or an agency or instrumentality of the United States).
(Pub. L. 104–127, title III, § 359, Apr. 4, 1996, 110 Stat. 1014.)
16 U.S.C. § 5809 (CONSERVATION)
§ 5809. Authorization of appropriations
There are authorized to be appropriated to the Department to be made available to the Foundation $1,000,000 for each of fiscal years 1997 through 1999 to initially establish and carry out activities of the Foundation.
(Pub. L. 104–127, title III, § 360, Apr. 4, 1996, 110 Stat. 1014.)
16 U.S.C. § 5901 (CONSERVATION)
§ 5901. “Secretary” defined
As used in this chapter, the term “Secretary” means the Secretary of the Interior, except as otherwise specifically provided.
(Pub. L. 105–391, § 2, Nov. 13, 1998, 112 Stat. 3498.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3497, known as the National Parks Omnibus Management Act of 1998. For complete classification of this Act to the Code, see Short Title note below and Tables.
heading: Short Title
text: Pub. L. 105–391, § 1(a), Nov. 13, 1998, 112 Stat. 3497, provided that: “This Act [enacting this chapter and section 19o of this title, amending sections 1a–2, 1a–5, 1a–7, and 3 of this title, repealing section 17b–1 and subchapter IV of chapter 1 of this title, and enacting provisions set out as notes under this section and sections 1, 1a–5, 20, 470h–3, and 5951 of this title] may be cited as the ‘National Parks Omnibus Management Act of 1998’.”
Pub. L. 105–391, title IV, § 401, Nov. 13, 1998, 112 Stat. 3503, provided that: “This title [enacting subchapter III of this chapter, amending sections 1a–7 and 3 of this title, repealing section 17b–1 and subchapter IV of chapter 1 of this title, and enacting provisions set out as a note under section 20 of this title] may be cited as the ‘National Park Service Concessions Management Improvement Act of 1998’.”
16 U.S.C. § 5911 (CONSERVATION)
§ 5911. Protection, interpretation, and research in National Park System
Recognizing the ever increasing societal pressures being placed upon America’s unique natural and cultural resources contained in the National Park System, the Secretary shall continually improve the ability of the National Park Service to provide state-of-the-art management, protection, and interpretation of and research on the resources of the National Park System.
(Pub. L. 105–391, title I, § 101, Nov. 13, 1998, 112 Stat. 3498.)