dreamproit/uscode huggingface dataset:
16 U.S.C. § 2109b (CONSERVATION)
§ 2109b. Competitive allocation of funds for cooperative forest innovation partnership projects
(a) Cooperative forest innovation partnership projects
The Secretary may competitively allocate not more than 5 percent of the funds made available under this chapter to support innovative national, regional, or local education, outreach, or technology transfer projects that the Secretary determines would substantially increase the ability of the Department of Agriculture to address the national priorities specified in section 2101(c) of this title.
(b) Eligibility
Notwithstanding the eligibility limitations contained in this chapter, any State or local government, Indian tribe, land-grant college or university, or private entity shall be eligible to compete for funds to be competitively allocated under subsection (a).
(c) Cost-share requirement
In carrying out subsection (a), the Secretary shall not cover more than 50 percent of the total cost of a project under such subsection. In calculating the total cost of a project and contributions made with regard to the project, the Secretary shall include in-kind contributions.
(Pub. L. 95–313, § 13B, as added Pub. L. 110–234, title VIII, § 8008, May 22, 2008, 122 Stat. 1286, and Pub. L. 110–246, § 4(a), title VIII, § 8008, June 18, 2008, 122 Stat. 1664, 2047.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 2110 (CONSERVATION)
§ 2110. Statement of limitation
This chapter shall not authorize the Federal Government to regulate the use of private land or to deprive owners of land of their rights to property or to income from the sale of property, unless such property rights are voluntarily conveyed or limited by contract or other agreement. This chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions of States.
(Pub. L. 95–313, § 14, formerly § 11, July 1, 1978, 92 Stat. 374; renumbered § 14 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1221, Nov. 28, 1990, 104 Stat. 3525, 3540.)
heading: Prior Provisions
text: A prior section 14 of Pub. L. 95–313 was renumbered section 17 and is set out as a note under section 2101 of this title.
heading: Amendments
text: 1990—Pub. L. 101–624, § 1221, amended section generally. Prior to amendment, section read as follows: “This chapter does not authorize the Federal Government to regulate the use of private land or to deprive owners of land of their rights to property or to income from the sale of property, and this chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions of States.”
16 U.S.C. § 2201 (CONSERVATION)
§ 2201. Payments to agricultural producers for carrying out wind erosion control or rehabilitation measures; criteria
The Secretary of Agriculture is authorized to make payments to agricultural producers who carry out emergency measures to control wind erosion on farmlands or to rehabilitate farmlands damaged by wind erosion, floods, hurricanes, or other natural disasters when, as a result of the foregoing, new conservation problems have been created that (1) if not treated, will impair or endanger the land, (2) materially affect the productive capacity of the land, (3) represent damage that is unusual in character and, except for wind erosion, is not the type that would recur frequently in the same area, and (4) will be so costly to rehabilitate that Federal assistance is or will be required to return the land to productive agricultural use.
(Pub. L. 95–334, title IV, § 401, Aug. 4, 1978, 92 Stat. 433.)
heading: Effective Date
text: Pub. L. 95–334, title IV, § 406, Aug. 4, 1978, 92 Stat. 434, provided that: “The provisions of this title [enacting this chapter] shall become effective October 1, 1978.”
16 U.S.C. § 2202 (CONSERVATION)
§ 2202. Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria
The Secretary of Agriculture is authorized to make payments to agricultural producers who carry out emergency water conservation or water enhancing measures (including measures carried out to assist confined livestock) during periods of severe drought as determined by the Secretary.
(Pub. L. 95–334, title IV, § 402, Aug. 4, 1978, 92 Stat. 434; Pub. L. 101–82, title V, § 502, Aug. 14, 1989, 103 Stat. 586.)
heading: Amendments
text: 1989—Pub. L. 101–82, § 502(1), inserted “(including measures carried out to assist confined livestock)”.
Pub. L. 101–82, § 502(2), temporarily substituted “any fiscal year in which there is a period of severe drought” for “periods of severe drought”. See Effective and Termination Dates of 1989 Amendment note below.
heading: Effective and Termination Dates of 1989 Amendment
text: Pub. L. 101–82, title V, § 502(2), Aug. 14, 1989, 103 Stat. 586, provided in part that amendment by section 502(2) of Pub. L. 101–82 is effective only for fiscal year 1989.
16 U.S.C. § 2203 (CONSERVATION)
§ 2203. Undertaking of runoff retardation and soil-erosion preventive measures; cooperation with landowners and land users; criteria
The Secretary of Agriculture is authorized to undertake emergency measures, including the purchase of floodplain easements, for runoff retardation and soil-erosion prevention, in cooperation with landowners and land users, as the Secretary deems necessary to safeguard lives and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or any other natural occurrence is causing or has caused a sudden impairment of that watershed.
(Pub. L. 95–334, title IV, § 403, Aug. 4, 1978, 92 Stat. 434; Pub. L. 104–127, title III, § 382, Apr. 4, 1996, 110 Stat. 1016.)
heading: Amendments
text: 1996—Pub. L. 104–127 inserted “, including the purchase of floodplain easements,” after “emergency measures”.
heading: Disaster Assistance for Watershed Protection Activities
text: Pub. L. 100–387, title IV, § 402, as added Pub. L. 101–82, title V, § 503, Aug. 14, 1989, 103 Stat. 586, provided that:
“(a) In General.—
The Secretary of Agriculture may provide disaster relief assistance in accordance with this section to repair damage caused by storms occurring in 1988 or 1989 to watersheds located in any county in any State, to the extent that funds authorized by this section remain available.
“(b) Form of Assistance.—
The assistance authorized by this section—
“(1) includes both financial and technical assistance; and
“(2) shall be provided in a manner consistent with similar assistance authorized under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203).
“(c) Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 1990.”
16 U.S.C. § 2204 (CONSERVATION)
§ 2204. Authorization of appropriations; availability of funds; implementation of provisions; limitations on expenditures
There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this chapter. Such funds shall remain available until expended. In implementing the provisions of this chapter, the Secretary of Agriculture may use the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry out the provisions of this chapter unless funds specifically appropriated for such purpose have been transferred to it.
(Pub. L. 95–334, title IV, § 404, Aug. 4, 1978, 92 Stat. 434.)
16 U.S.C. § 2301 (CONSERVATION)
§ 2301. Congressional statement of findings and purpose
(a) The Congress hereby finds that—
(1) the purpose of the National Park System is to preserve outstanding natural, scenic, historic, and recreation areas for the enjoyment, education, inspiration, and use of all people;
(2) units of the National Park System have recently been established near major metropolitan areas in order to preserve remaining open space and to provide recreational opportunities for urban residents (many of whom do not have access to personal motor vehicles); and
(3) circumstances which necessarily require people desiring to visit units of the National Park System to rely on personal motor vehicles may diminish the natural and recreational value of such units by causing traffic congestion and environmental damage, and by requiring the provision of roads, parking, and other facilities in ever-increasing numbers and density.
(b) The purpose of this chapter is to make the National Park System more accessible in a manner consistent with the preservation of parks and the conservation of energy by encouraging the use of transportation modes other than personal motor vehicles for access to and within units of the National Park System with minimum disruption to nearby communities through authorization of a pilot transportation program.
(Pub. L. 95–344, title III, § 301, Aug. 15, 1978, 92 Stat. 477.)
16 U.S.C. § 2303 (CONSERVATION)
§ 2303. Transportation projects
(a) Assistance of heads of other Federal departments and agencies in formulation and implementation
To carry out the purposes of this chapter, the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, and the Secretary of Commerce, and the heads of such other Federal departments or agencies as the Secretary deems necessary are directed to assist the Secretary in the formulation and implementation of transportation projects.
(b) Report to Congressional committees concerning planning, etc.
Within one hundred and eighty days from August 15, 1978, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, a compilation of Federal statutes and programs providing authority for the planning, funding, or operation of transportation projects which might be utilized by the Secretary to carry out the purpose of this chapter. The Secretary shall revise the compilation thereafter as he deems necessary.
(Pub. L. 95–344, title III, § 303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
heading: Change of Name
text: “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
16 U.S.C. § 2304 (CONSERVATION)
§ 2304. Procedures applicable to formulation and implementation of transportation plans and projects developed pursuant to plans
(a) Public notice and meeting
The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 2302 of this title—
(1) give public notice of intention to formulate such a plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected unit of the national park system; 1
(2) following such notice hold a public meeting at a location or locations convenient to the affected unit of the National Park System.
(b) Notice and opportunity to comment given to State and local governments; report to Congressional committees
Prior to the implementation of any proj­ect developed pursuant to the transportation plan formulated pursuant to subsection (a) of this section, the Secretary shall—
(1) establish procedures, including but not limited to public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and
(2) submit, when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, a detailed report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. The Secretary may proceed with the implementation of such plan only after sixty days (not counting days on which the Senate or House of Representatives has adjourned for more than three consecutive days) have elapsed following submission of the plan.
(Pub. L. 95–344, title III, § 304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584.)
heading: Amendments
text: 1994—Subsec. (b)(2). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 2305 (CONSERVATION)
§ 2305. Report to Congress; contents
The Secretary shall submit a report to the Congress within three years of August 15, 1978. The report shall include, but not be limited to, his findings and recommendations regarding—
(a) preservation of natural resource values within units of the National Park System through access alternatives;
(b) effects of transportation projects on communities in close proximity to the units of the National Park System; and
(c) future transportation projects formulated pursuant to this chapter.
(Pub. L. 95–344, title III, § 305, Aug. 15, 1978, 92 Stat. 479.)
16 U.S.C. § 2306 (CONSERVATION)
§ 2306. Authorization of appropriations; availability of amounts
In carrying out the purposes of this chapter, there is hereby authorized to be appropriated $1,000,000 for fiscal year 1979; $2,000,000 for fiscal year 1980; and $3,000,000 for fiscal year 1981, which shall remain available until expended. In a fiscal year when the amounts actually appropriated are less than the amounts listed above, the authorized but unappropriated amount shall continue to be available for appropriation in succeeding fiscal years.
(Pub. L. 95–344, title III, § 306, Aug. 15, 1978, 92 Stat. 480.)
16 U.S.C. § 2408 (CONSERVATION)
§ 2408. Criminal offenses
(a) Offenses
A person is guilty of an offense if he willfully commits any act prohibited by section 2403(a) of this title.
(b) Punishment
Any offense described in subsection (a) of this section is punishable by a fine of $10,000, or imprisonment for not more than one year, or both.
(c) Offenses under other laws
A conviction under subsection (a) of this section for any act shall not be deemed to preclude a conviction for such act under any other law, including, but not limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.].
(Pub. L. 95–541, § 9, Oct. 28, 1978, 92 Stat. 2054.)
heading: References in Text
text: The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables.
The Endangered Species Act of 1973, referred to in subsec. (c), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The Migratory Bird Treaty Act, referred to in subsec. (c), is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
16 U.S.C. § 2413 (CONSERVATION)
§ 2413. Saving provisions
(a) Regulations
All regulations promulgated under this chapter prior to October 2, 1996, shall remain in effect until superseding regulations are promulgated under section 2405 of this title.
(b) Permits
All permits issued under this chapter shall remain in effect until they expire in accordance with the terms of those permits.
(Pub. L. 95–541, § 14, as added Pub. L. 104–227, title I, § 107, Oct. 2, 1996, 110 Stat. 3042.)
heading: Prior Provisions
text: A prior section 14 of Pub. L. 95–541, Oct. 28, 1978, 92 Stat. 2057, amended section 1971 of Title 22, Foreign Relations and Intercourse, and enacted a provision set out as a note under section 1971 of Title 22 prior to being amended generally by Pub. L. 104–227.
16 U.S.C. § 2431 (CONSERVATION)
§ 2431. Findings and purpose
(a) Findings
The Congress finds that—
(1) the Convention on the Conservation of Antarctic Marine Living Resources establishes international mechanisms and creates legal obligations necessary for the protection and conservation of Antarctic marine living resources;
(2) the Convention incorporates an innovative ecosystem approach to the management of Antarctic marine living resources, including standards designed to ensure the health of the individual populations and species and to maintain the health of the Antarctic marine ecosystem as a whole;
(3) the Convention serves important United States environmental and resource management interests;
(4) the Convention represents an important contribution to United States long term legal and political objectives of maintenance of Antarctica as an area of peaceful international cooperation;
(5) United States basic and directed research programs concerning the marine living resources of the Antarctic are essential to achieve the United States goal of effective implementation of the objectives of the Convention; and
(6) the United States has important security, economic, and environmental interests in developing and maintaining a fleet of icebreaking vessels capable of operating effectively in the heavy ice regions of Antarctica.
(b) Purpose
The purpose of this chapter is to provide the legislative authority necessary to implement, with respect to the United States, the Convention on the Conservation of Antarctic Marine Living Resources.
(Pub. L. 98–623, title III, § 302, Nov. 8, 1984, 98 Stat. 3398.)
heading: Short Title
text: Pub. L. 98–623, title III, § 301, Nov. 8, 1984, 98 Stat. 3398, provided that: “This title [enacting this chapter] may be cited as the ‘Antarctic Marine Living Resources Convention Act of 1984’.”
16 U.S.C. § 2434 (CONSERVATION)
§ 2434. Conservation measures; system of observation and inspection
(a) Conservation measures
(1) The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, is authorized—
(A) to decide on behalf of the United States whether the United States is unable to accept or can no longer accept a conservation measure adopted by the Commission pursuant to article IX of the Convention, and
(B) to notify the Commission of any such decision in accordance with article IX of the Convention.
(2) The Secretary of State shall—
(A) publish in the Federal Register, if practicable, timely notice of each proposed decision under paragraph (1) and invite written public comment regarding it; and
(B) publish in the Federal Register notice of each notification made to the Commission under paragraph (1).
(b) System of observation and inspection
The Secretary of State, with the concurrence of the Secretary of Commerce, the Director of the National Science Foundation and the Secretary of the department in which the Coast Guard is operating, is authorized to agree on behalf of the United States to the establishment of a system of observation and inspection, and to interim arrangements pending establishment of such a system, pursuant to article XXIV of the Convention.
(c) Communications from the Commission
The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, and other communications from the Commission and to take appropriate action on them, either directly or by reference to the appropriate authority.
(Pub. L. 98–623, title III, § 305, Nov. 8, 1984, 98 Stat. 3400.)
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 2435 (CONSERVATION)
§ 2435. Unlawful activities
It is unlawful for any person—
(1) to engage in harvesting or other associated activities in violation of the provisions of the Convention or in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention;
(2) to violate any regulation promulgated under this chapter;
(3) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control or possession of, any Antarctic marine living resource (or part or product thereof) which he knows, or reasonably should have known, was harvested in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention or in violation of any regulation promulgated under this chapter, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the Antarctic marine living resource (or part or product thereof);
(4) to refuse to permit any authorized officer or employee of the United States to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for purposes of conducting any search or inspection in connection with the enforcement of the Convention, this chapter, or any regulations promulgated under this chapter;
(5) to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or employee of the United States in the conduct of any search or inspection described in paragraph (4);
(6) to resist a lawful arrest or detention for any act prohibited by this section; or
(7) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing that such other person has committed any act prohibited by this section.
(Pub. L. 98–623, title III, § 306, Nov. 8, 1984, 98 Stat. 3401.)
16 U.S.C. § 2436 (CONSERVATION)
§ 2436. Regulations
The Secretary of Commerce, after consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this chapter.
(Pub. L. 98–623, title III, § 307, Nov. 8, 1984, 98 Stat. 3401.)
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.