dreamproit/uscode huggingface dataset:
16 U.S.C. § 2903 (CONSERVATION)
§ 2903. Conservation plans
The conservation plan for any State must—
(1) provide for the vesting in the designated State agency of the overall responsibility for the development and revision of the conservation plan;
(2) provide for an inventory of the nongame fish and wildlife, and such other fish and wildlife as the designated State agency deems appropriate, that are within the State and are valued for ecological, educational, esthetic, cultural, recreational, economic, or scientific benefits by the public;
(3) with respect to those species identified under paragraph (2) (hereinafter in this section referred to as “plan species”), provide for—
(A) the determination of the size, range, and distribution of their populations, and
(B) the identification of the extent, condition, and location of their significant habitats;
(4) identify the significant problems which may adversely affect the plan species and their significant habitats;
(5) determine those actions which should be taken to conserve the plan species and their significant habitats;
(6) establish priorities for implementing the conservation actions determined under paragraph (5);
(7) provide for the monitoring, on a regular basis, of the plan species and the effectiveness of the conservation actions determined under paragraph (5);
(8) provide for plan review and revision, if appropriate, at intervals of not more than 3 years;
(9) ensure that the public be given opportunity to make its views known and considered during the development, revision, and implementation of the plan; and
(10) provide that the designated State agency consult, as appropriate, with Federal agencies, and other State agencies during the development, revision, and implementation of the plan, in order to minimize duplication of efforts and to ensure that the best information is available to all such agencies.
(Pub. L. 96–366, § 4, Sept. 29, 1980, 94 Stat. 1323.)
16 U.S.C. § 2906 (CONSERVATION)
§ 2906. Terms and conditions of reimbursement
Reimbursements made to the States under section 2905 of this title shall be subject to such terms and conditions as the Secretary shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States. Such terms and conditions shall include, but not be limited to, the following:
(1) Each State and each designated State agency shall keep such records as the Secretary shall require as being necessary or appropriate for fully disclosing the amount and purposes of costs incurred by the State for which reimbursement under section 2905 of this title is, or may be, sought. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for purposes of audit and examination, to such records.
(2) Upon a finding by the Secretary, after notice and opportunity for an agency hearing on the record, that any State has received reimbursement under section 2905 of this title for which it is not eligible, or has violated any term or condition imposed under this section, the State shall thereafter be ineligible to receive reimbursement under such section until restitution satisfactory to the Secretary is made, such violation ceases, or adverse effects resulting from such violation are remedied.
(Pub. L. 96–366, § 7, Sept. 29, 1980, 94 Stat. 1327.)
16 U.S.C. § 2907 (CONSERVATION)
§ 2907. Allocation of funds for administration and reimbursement of States
(a) In general
The total amount appropriated pursuant to section 2910 of this title for any fiscal year shall be available for administration and for allocation among the States as provided in this section.
(b) Allocation formula
Of the total amount appropriated for any fiscal year pursuant to section 2910 of this title—
(1) the Secretary shall deduct so much, but not to exceed 8 percent thereof, as may be necessary for administering during such fiscal year the provisions of this chapter relating to the purposes for which so appropriated;
(2) less the deduction under paragraph (1), the Secretary shall allocate—
(A) for the District of Columbia and the Commonwealth of Puerto Rico each a sum equal to not more than one-half of 1 percent of such amount; and
(B) for Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands each a sum equal to not more than one-sixth of 1 percent of such amount; and
(3) less the deduction under paragraph (1) and the sums allocated under paragraph (2), the Secretary shall allocate for each of the States (other than those provided for in paragraph (2)) a sum—
(A) one-third of which is based on the ratio to which the area of such State bears to the total area of all such States, and
(B) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States,
except all sums allocated under this paragraph shall be adjusted equitably so that no State shall be allocated a sum which is less than one-half of 1 percent of the amount available for allocation under this paragraph for any fiscal year or more than 5 percent of such amount.
(c) Treatment of amounts allocated but not used for any fiscal year
(1) That portion of any amount deducted by the Secretary under subsection (b)(1) for administrative purposes for any fiscal year and not expended during such fiscal year shall remain available for administrative purposes until the close of the next succeeding fiscal year and if not obligated or expended by the close of such succeeding fiscal year shall be available for disbursement by the Secretary without regard to subsection (b), to the States to carry out the purposes of this chapter.
(2) That portion of any amount allocated to any State under subsection (b)(2) or (3) for any fiscal year and not disbursed to the State for such fiscal years under section 2905 of this title shall remain available for disbursement to the State under such section for the next succeeding fiscal year and if not disbursed for such succeeding fiscal year shall be available for disbursement by the Secretary, without regard to subsection (b), to the States to carry out the purposes of this chapter.
(Pub. L. 96–366, § 8, Sept. 29, 1980, 94 Stat. 1328.)
heading: Executive Documents
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
16 U.S.C. § 2908 (CONSERVATION)
§ 2908. Other Federal assistance and actions
The Secretary and the chief executive officer of any other appropriate Federal department or agency may loan to any State such personnel and equipment of the department or agency, share such scientific or other appropriate information, and provide such other assistance as the Secretary or officer determines appropriate for purposes of assisting any State to develop or revise conservation plans.
(Pub. L. 96–366, § 9, Sept. 29, 1980, 94 Stat. 1329.)
16 U.S.C. § 2909 (CONSERVATION)
§ 2909. Disclaimers
Nothing in this chapter shall be construed as affecting—
(1) the authority, jurisdiction, or responsibility of the States to manage, control, or regulate fish and resident wildlife under State law;
(2) any requirement under State law that lands, waters, and interests therein may only be acquired for conservation purposes if the owner thereof is a willing seller; and
(3) the authority of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468–1469, 7 U.S.C. 426–426b).1
(Pub. L. 96–366, § 10, Sept. 29, 1980, 94 Stat. 1329.)
heading: Editorial Notes
heading: References in Text
text: Act of March 2, 1931, referred to in par. (3), is act Mar. 2, 1931, ch. 370, 46 Stat. 1468, which was formerly classified to sections 426 to 426b of Title 7, Agriculture. Sections 1 and 3 of the Act, which were formerly classified to sections 426 and 426b, respectively, of Title 7, were editorially reclassified as sections 8351 and 8352, respectively, of Title 7. Section 2 of the Act, which was formerly classified to section 426a of Title 7, was omitted from the Code as obsolete. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 2910 (CONSERVATION)
§ 2910. Authorization of appropriations
There are authorized to be appropriated for purposes of making reimbursements under section 2905 of this title to States for the development and implementation of conservation plans and for administration of this chapter under section 2907 of this title not to exceed $5,000,000 for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.
(Pub. L. 96–366, § 11, Sept. 29, 1980, 94 Stat. 1329; Pub. L. 99–375, Aug. 7, 1986, 100 Stat. 803; Pub. L. 100–653, title VIII, § 801, Nov. 14, 1988, 102 Stat. 3833; Pub. L. 101–593, title I, § 106, Nov. 16, 1990, 104 Stat. 2955; Pub. L. 102–440, title III, § 301, Oct. 23, 1992, 106 Stat. 2234.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–440 substituted “fiscal years 1992, 1993, 1994, 1995, 1996, and 1997” for “fiscal years 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, and 1992”.
1990—Pub. L. 101–593 substituted “1990, 1991, and 1992” for “and 1990”.
1988—Pub. L. 100–653 substituted “1988, 1989, and 1990” for “and 1988”.
1986—Pub. L. 99–375 substituted “1985, 1986, 1987, and 1988” for “and 1985”.
16 U.S.C. § 2911 (CONSERVATION)
§ 2911. Study on most equitable and effective mechanism for funding State conservation plans; report to Congressional committees
The Director of the United States Fish and Wildlife Service, in consultation with affected parties, shall conduct a comprehensive study to determine the most equitable and effective mechanism for funding State conservation plans and actions under this chapter, including, but not limited to, funding by means of an excise tax on appropriate items. On or before December 31, 1984, the Director shall report to the Committee on Environment and Public Works of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives the results of such study, together with his recommendations with respect thereto.
(Pub. L. 96–366, § 12, Sept. 29, 1980, 94 Stat. 1330; Pub. L. 97–396, § 6, Dec. 31, 1982, 96 Stat. 2006.)
heading: Editorial Notes
heading: Amendments
text: 1982—Pub. L. 97–396 struck out “, out of funds available for the administration of this chapter” after “shall conduct”, and substituted “December 31, 1984” for “the expiration of the 30-month period following the date of enactment of this Act [Sept. 29, 1980]” after “On or before”.
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 3001...3007 (CONSERVATION)
§§ 3001 to 3007. Omitted
heading: Editorial Notes
heading: Codification
text: Sections 3001 to 3007 were omitted pursuant to section 3007 which provided that this chapter terminated Sept. 30, 1984.
Section 3001, Pub. L. 96–460, § 2, Oct. 15, 1980, 94 Stat. 2044, stated the Congressional findings and purposes for this chapter.
Section 3002, Pub. L. 96–460, § 3, Oct. 15, 1980, 94 Stat. 2045, defined terms for the purposes of this chapter.
Section 3003, Pub. L. 96–460, § 4, Oct. 15, 1980, 94 Stat. 2045, required the Secretary of Commerce to establish in the Department of Commerce an office for Chesapeake Bay Research Coordination.
Section 3004, Pub. L. 96–460, § 5, Oct. 15, 1980, 94 Stat. 2046, established the Chesapeake Bay Research Board.
Section 3005, Pub. L. 96–460, § 6, Oct. 15, 1980, 94 Stat. 2047, authorized appropriations to carry out the purposes of this chapter.
Section 3006, Pub. L. 96–460, § 7, Oct. 15, 1980, 94 Stat. 2047, established the relationship between this chapter and existing Federal, State, and local authority.
Section 3007, Pub. L. 96–460, § 8, Oct. 15, 1980, 94 Stat. 2048, provided that this chapter and the authority conferred by it would terminate Sept. 30, 1984.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 96–460, § 1, Oct. 15, 1980, 94 Stat. 2044, provided that this chapter may be cited as the “Chesapeake Bay Research Coordination Act of 1980”.
16 U.S.C. § 3112 (CONSERVATION)
§ 3112. Congressional statement of policy
It is hereby declared to be the policy of Congress that—
(1) consistent with sound management principles, and the conservation of healthy populations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of this Act, the purpose of this subchapter is to provide the opportunity for rural residents engaged in a subsistence way of life to do so;
(2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and
(3) except as otherwise provided by this Act or other Federal laws, Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the continued viability of all wild renewable resources in Alaska, shall cooperate with adjacent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations.
(Pub. L. 96–487, title VIII, § 802, Dec. 2, 1980, 94 Stat. 2422.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in pars. (1) and (3), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. Titles II through VII of this Act enacted sections 410hh to 410hh–5, 460mm to 460mm–3, 539 to 539e, and 1285b of this title, amended sections 1274, 1276, 1279, and 1280 of this title, enacted provisions set out as notes under sections 668dd, 1132, 1274, and 3145 of this title, and enacted provisions listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
16 U.S.C. § 3113 (CONSERVATION)
§ 3113. Definitions
As used in this Act, the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade. For the purposes of this section, the term—
(1) “family” means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and
(2) “barter” means the exchange of fish or wildlife or their parts, taken for subsistence uses—
(A) for other fish or game or their parts; or
(B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.
(Pub. L. 96–487, title VIII, § 803, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, § 316(b)(4), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in provision preceding par. (1), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
heading: Amendments
text: 1997—Pars. (3) to (5). Pub. L. 105–83, § 316(b)(4), which directed the addition of pars. (3) to (5) was repealed by Pub. L. 105–83, § 316(d). Pars. (3) to (5) read as follows:
“(3) ‘customary and traditional uses’ means the noncommercial, long-term, and consistent taking of, use of, or reliance upon fish and wildlife in a specific area and the patterns and practices of taking or use of that fish and wildlife that have been established over a reasonable period of time, taking into consideration the availability of the fish and wildlife;
“(4) ‘customary trade’ means, except for money sales of furs and furbearers, the limited noncommercial exchange for money of fish and wildlife or their parts in minimal quantities; and
“(5) ‘rural Alaska resident’ means a resident of a rural community or area. A ‘rural community or area’ means a community or area substantially dependent on fish and wildlife for nutritional and other subsistence uses.” See Effective and Termination Dates of 1997 Amendment note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates of 1997 Amendment
text: Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title.
16 U.S.C. § 3114 (CONSERVATION)
§ 3114. Preference for subsistence uses
Except as otherwise provided in this Act and other Federal laws, the taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes. Whenever it is necessary to restrict the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, such priority shall be implemented through appropriate limitations based on the application of the following criteria:
(1) customary and direct dependence upon the populations as the mainstay of livelihood;
(2) local residency; and
(3) the availability of alternative resources.
(Pub. L. 96–487, title VIII, § 804, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, § 316(b)(5), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
heading: Amendments
text: 1997—Pub. L. 105–83, § 316(b)(5), which directed the designation of existing provisions as subsec. (a) and the addition of subsec. (b) reading as follows: “The priority granted by this section is for a reasonable opportunity to take fish and wildlife. For the purposes of this subsection, the term ‘reasonable opportunity’ means an opportunity, consistent with customary and traditional uses (as defined in section 3113(3) of this title), to participate in a subsistence hunt or fishery with a reasonable expectation of success, and does not mean a guarantee that fish and wildlife will be taken.” was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates of 1997 Amendment
text: Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title.
16 U.S.C. § 3116 (CONSERVATION)
§ 3116. Federal monitoring; reports to State and Congressional committees
The Secretary shall monitor the provisions by the State of the subsistence preference set forth in section 3114 of this title and shall advise the State and the Committees on Natural Resources and on Merchant Marine and Fisheries of the House of Representatives and the Committees on Energy and Natural Resources and Environment and Public Works of the Senate annually and at such other times as he deems necessary of his views on the effectiveness of the implementation of this subchapter including the State’s provision of such preference, any exercise of his closure or other administrative authority to protect subsistence resources or uses, the views of the State, and any recommendations he may have.
(Pub. L. 96–487, title VIII, § 806, Dec. 2, 1980, 94 Stat. 2425; Pub. L. 103–437, § 6(y), Nov. 2, 1994, 108 Stat. 4587.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “the Committees on Natural Resources” for “Committee on Interior and Insular Affairs”.
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 3119 (CONSERVATION)
§ 3119. Cooperative agreements
The Secretary may enter into cooperative agreements or otherwise cooperate with other Federal agencies, the State, Native Corporations, other appropriate persons and organizations, and, acting through the Secretary of State, other nations to effectuate the purposes and policies of this subchapter.
(Pub. L. 96–487, title VIII, § 809, Dec. 2, 1980, 94 Stat. 2427.)