dreamproit/uscode huggingface dataset:
16 U.S.C. § 4106 (CONSERVATION)
§ 4106. Reports to Congress
After consultation with the States receiving funds under this chapter and with any interstate commission involved in carrying out a project under this chapter, the Secretary shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after the end of the fiscal year 1988, and each second fiscal year occurring after that fiscal year, a report which contains—
(1) a description of each project and law enforcement effort receiving funds under this chapter during the last 2 fiscal years ending before such report is submitted;
(2) a specification of the total amount of funds from the Federal Government and the total amount of funds from each State spent on each project and a law enforcement effort receiving funds under this chapter during the last 2 fiscal years ending before such report is submitted;
(3) an assessment of each project and law enforcement effort receiving funds under this chapter during the last 2 fiscal years ending before such report is submitted to determine whether such project is furthering the purposes of this chapter; and
(4) a statement specifying all funds which have been apportioned pursuant to section 4104(a) of this title and are available for obligation by a State or the Secretary but which have not been obligated.
(Pub. L. 99–659, title III, § 307, Nov. 14, 1986, 100 Stat. 3735.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 99–659, Nov. 14, 1986, 100 Stat. 3731, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 4101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title.
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. § 4107 (CONSERVATION)
§ 4107. Repealed. Pub. L. 117–328, div. S, title II, § 204(a), Dec. 29, 2022, 136 Stat. 5270
text: Section, Pub. L. 99–659, title III, § 308, Nov. 14, 1986, 100 Stat. 3736; Pub. L. 101–627, title V, §§ 502, 503, Nov. 28, 1990, 104 Stat. 4463; Pub. L. 102–396, title IX, § 9135, Oct. 6, 1992, 106 Stat. 1937; Pub. L. 103–206, title VIII, § 811, Dec. 20, 1993, 107 Stat. 2454; Pub. L. 103–238, § 21, Apr. 30, 1994, 108 Stat. 561; Pub. L. 104–134, title I, § 101[(a)] [title II, § 211], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104–297, title IV, § 402, Oct. 11, 1996, 110 Stat. 3618; Pub. L. 107–372, title III, § 302(a), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 109–479, title III, § 302(g), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 111–348, title I, § 104, Jan. 4, 2011, 124 Stat. 3671, authorized appropriations, with certain conditions, to the Secretary of Commerce for fiscal years 2007 through 2012.
16 U.S.C. § 4201 (CONSERVATION)
§ 4201. Statement of purpose
The purpose of this chapter is to perpetuate healthy populations of African elephants.
(Pub. L. 100–478, title II, § 2002, Oct. 7, 1988, 102 Stat. 2315.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2007 Amendment
text: Pub. L. 110–132, § 1, Dec. 6, 2007, 121 Stat. 1360, provided that: “This Act [amending sections 4211, 4245, 5304, and 5306 of this title] may be cited as the ‘Multinational Species Conservation Funds Reauthorization Act of 2007’.”
heading: Short Title of 2002 Amendment
text: Pub. L. 107–111, § 1, Jan. 8, 2002, 115 Stat. 2095, provided that: “This Act [enacting section 4214 of this title, amending sections 4211, 4212, and 4244 to 4246 of this title, and repealing section 4243 of this title] may be cited as the ‘African Elephant Conservation Reauthorization Act of 2001’.”
heading: Short Title of 1998 Amendment
text: Pub. L. 105–217, § 1, Aug. 5, 1998, 112 Stat. 911, provided that: “This Act [amending section 4245 of this title] may be cited as the ‘African Elephant Conservation Reauthorization Act of 1998’.”
heading: Short Title
text: Pub. L. 100–478, title II, § 2001, Oct. 7, 1988, 102 Stat. 2315, provided that: “This title [enacting this chapter and amending section 1538 of this title] may be cited as the ‘African Elephant Conservation Act’.”
heading: Reporting Requirements
text: Pub. L. 118–159, div. E, title LIII, § 5308, Dec. 23, 2024, 138 Stat. 2446, provided that:
“(a) Reports to Congress.—
Annually, the Secretary of the Interior shall submit to the appropriate committees of Congress a report on the implementation of—
“(1) the African Elephant Conservation Act (16 U.S.C. 4201 et seq.);
“(2) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.);
“(3) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.);
“(4) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.); and
“(5) the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.).
“(b) Requirements.—
A report submitted under subsection (a) shall include—
“(1) a list of all awards issued each year under the applicable Act;
“(2) the total monetary amount issued to each award recipient;
“(3) the name of each award recipient organization;
“(4) the country where each award will be implemented; and
“(5) a description of the projects to be completed and completed under each award.”
16 U.S.C. § 4202 (CONSERVATION)
§ 4202. Findings
The Congress finds the following:
(1) Elephant populations in Africa have declined at an alarming rate since the mid-1970’s.
(2) The large illegal trade in African elephant ivory is the major cause of this decline and threatens the continued existence of the African elephant.
(3) The African elephant is listed as threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and its continued existence will be further jeopardized if this decline is not reversed.
(4) Because African elephant ivory is indistinguishable from Asian elephant ivory, there is a need to ensure that the trade in African elephant ivory does not further endanger the Asian elephant, which is listed as endangered under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of CITES.
(5) In response to the significant illegal trade in African elephant ivory, the parties to CITES established the CITES Ivory Control System to curtail the illegal trade and to encourage African countries to manage, conserve, and protect their African elephant populations.
(6) The CITES Ivory Control System entered into force recently and should be allowed to continue in force for a reasonable period of time to assess its effectiveness in curtailing the illegal trade in African elephant ivory.
(7) Although some African countries have effective African elephant conservation programs, many do not have sufficient resources to properly manage, conserve, and protect their elephant populations.
(8) The United States, as a party to CITES and a large market for worked ivory, shares responsibility for supporting and implementing measures to stop the illegal trade in African elephant ivory and to provide for the conservation of the African elephant.
(9) There is no evidence that sport hunting is part of the poaching that contributes to the illegal trade in African elephant ivory, and there is evidence that the proper utilization of well-managed elephant populations provides an important source of funding for African elephant conservation programs.
(Pub. L. 100–478, title II, § 2003, Oct. 7, 1988, 102 Stat. 2315.)
heading: Editorial Notes
heading: References in Text
text: The Endangered Species Act of 1973, referred to in par. (3), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, 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.
16 U.S.C. § 4203 (CONSERVATION)
§ 4203. Statement of policy
It is the policy of the United States—
(1) to assist in the conservation and protection of the African elephant by supporting the conservation programs of African countries and the CITES Secretariat; and
(2) to provide financial resources for those programs.
(Pub. L. 100–478, title II, § 2004, Oct. 7, 1988, 102 Stat. 2316.)
16 U.S.C. § 4212 (CONSERVATION)
§ 4212. Acceptance and use of donations
The Secretary may accept and use donations of funds to provide assistance under this subchapter. Amounts received by the Secretary in the form of such donations shall be transferred by the Secretary to the Secretary of the Treasury for deposit into the Fund.
(Pub. L. 100–478, title II, § 2102, Oct. 7, 1988, 102 Stat. 2317; Pub. L. 107–111, § 6(a)(2), Jan. 8, 2002, 115 Stat. 2096.)
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–111 redesignated heading and text of subsec. (d) as entire section and struck out former section catchline and headings and text of subsecs. (a) to (c). Prior to amendment, text of subsecs. (a) to (c) related to establishment in the Treasury of the African Elephant Conservation Fund, consisting of deposits by the Secretary of the Treasury of unused funds from penalties under section 4224 of this title, donations under this section, and appropriations, to be used to provide assistance under this subchapter, with not more than three percent of appropriated funds per fiscal year used to administer the Fund.
16 U.S.C. § 4213 (CONSERVATION)
§ 4213. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 100–478, title II, § 2103, Oct. 7, 1988, 102 Stat. 2317, which required the Secretary of the Interior to submit an annual report to Congress regarding the African Elephant Conservation Fund formerly established by section 4212 of this title and the status of the African elephant, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 107 of House Document No. 103–7.
16 U.S.C. § 4214 (CONSERVATION)
§ 4214. Advisory group
(a) In general
To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of African elephants.
(b) Public participation
(1) Meetings
The Advisory Group 1 shall—
(A) ensure that each meeting of the advisory group is open to the public; and
(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.
(2) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group.
(3) Minutes
Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.
(c) Exemption from chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the advisory group.
(Pub. L. 100–478, title II, § 2104, as added Pub. L. 107–111, § 4, Jan. 8, 2002, 115 Stat. 2095; amended Pub. L. 107–141, § 5(b)(2)(A), Feb. 12, 2002, 116 Stat. 14; Pub. L. 117–286, § 4(a)(120), Dec. 27, 2022, 136 Stat. 4318.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
2002—Subsec. (a). Pub. L. 107–141 made technical amendment to reference in original act which appears in text as reference to this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–141, § 5(b)(2), Feb. 12, 2002, 116 Stat. 14, provided that the amendment by section 5(b)(2) of Pub. L. 107–141 is effective on the day after Jan. 8, 2002.
16 U.S.C. § 4221 (CONSERVATION)
§ 4221. Review of African elephant conservation programs
(a) In general
Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by—
(1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and
(2) submitting a written request for such information through the Secretary of State to each ivory producing country.
(b) Review and determination
(1) In general
The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria:
(A) The country is a party to CITES and adheres to the CITES Ivory Control System.
(B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country.
(C) The taking of elephants in the country is effectively controlled and monitored.
(D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country.
(E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System.
(2) Delay in issuing determination
If the Secretary finds within one year after October 7, 1988, that there is insufficient information upon which to make the determination under paragraph (1), the Secretary may delay issuing the determination until no later than December 31, 1989. The Secretary shall issue and publish in the Federal Register at the time of the finding a statement explaining the reasons for any such delay.
(Pub. L. 100–478, title II, § 2201, Oct. 7, 1988, 102 Stat. 2318.)
16 U.S.C. § 4223 (CONSERVATION)
§ 4223. Prohibited acts
Except as provided in section 4222(e) of this title, it is unlawful for any person—
(1) to import raw ivory from any country other than an ivory producing country;
(2) to export raw ivory from the United States;
(3) to import raw or worked ivory that was exported from an ivory producing country in violation of that country’s laws or of the CITES Ivory Control System;
(4) to import worked ivory, other than personal effects, from any country unless that country has certified that such ivory was derived from legal sources; or
(5) to import raw or worked ivory from a country for which a moratorium is in effect under section 4222 of this title.
(Pub. L. 100–478, title II, § 2203, Oct. 7, 1988, 102 Stat. 2320.)
16 U.S.C. § 4224 (CONSERVATION)
§ 4224. Penalties and enforcement
(a) Criminal violations
Whoever knowingly violates section 4223 of this title shall, upon conviction, be fined under title 18 or imprisoned for not more than one year, or both.
(b) Civil violations
Whoever violates section 4223 of this title may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation.
(c) Procedures for assessment of civil penalty
Proceedings for the assessment of a civil penalty under this section shall be conducted in accordance with the procedures provided for in section 1540(a) of this title.
(d) Use of penalties
Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under section 4225 of this title and, to the extent not used to pay such rewards, shall be deposited by the Secretary of the Treasury into the Fund.
(e) Enforcement
The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subchapter in the same manner such Secretaries carry out enforcement activities under section 1540(e) of this title. Section 1540(c) of this title shall apply to actions arising under this subchapter.
(Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.)
heading: Statutory Notes and Related Subsidiaries
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. § 4225 (CONSERVATION)
§ 4225. Rewards
(a) In general
Upon the recommendation of the Secretary, the Secretary of the Treasury may pay a reward to any person who furnishes information which leads to a civil penalty or a criminal conviction under this chapter.
(b) Amount
The amount of a reward under this section shall be equal to not more than one-half of any criminal or civil penalty or fine with respect to which the reward is paid, or $25,000, whichever is less.
(c) Limitation on eligibility
An officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties shall not be eligible for a reward under this section.
(Pub. L. 100–478, title II, § 2205, Oct. 7, 1988, 102 Stat. 2320.)
16 U.S.C. § 4241 (CONSERVATION)
§ 4241. Relationship to Endangered Species Act of 1973
The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the Secretary’s authority under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
(Pub. L. 100–478, title II, § 2302, Oct. 7, 1988, 102 Stat. 2321.)
heading: Editorial Notes
heading: References in Text
text: The Endangered Species Act of 1973, referred to in text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, 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 Lacey Act Amendments of 1981, referred to in text, is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to chapter 53 (§ 3371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables.
16 U.S.C. § 4242 (CONSERVATION)
§ 4242. Certification under Pelly amendment
If the Secretary finds in administering this chapter that a country does not adhere to the CITES Ivory Control System, that country is deemed, for purposes of section 1978(a)(2) of title 22, to be diminishing the effectiveness of an international program for endangered or threatened species.
(Pub. L. 100–478, title II, § 2303, Oct. 7, 1988, 102 Stat. 2322.)
16 U.S.C. § 4243 (CONSERVATION)
§ 4243. Repealed. Pub. L. 107–111, § 6(a)(3), Jan. 8, 2002, 115 Stat. 2096
text: Section, Pub. L. 100–478, title II, § 2304, Oct. 7, 1988, 102 Stat. 2322, directed Secretary to determine within 3 months after the 8th Conference of the Parties to CITES whether the importation of illegally harvested ivory into the United States had been substantially stopped, and upon a determination that it had not been substantially stopped, to recommend to Congress necessary legislation or other actions to achieve the purposes of this chapter.
16 U.S.C. § 4244 (CONSERVATION)
§ 4244. Definitions
In this chapter—
(1) the term “African elephant” means any animal of the species loxodonta africana;
(2) the term “CITES” means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;
(3) the term “CITES Ivory Control System” means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory;
(4) the term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [16 U.S.C. 4246];
(5) the terms “import” and “importation” have the meanings such terms have in the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(6) the term “intermediary country” means a country that exports raw or worked ivory that does not originate in that country;
(7) the term “ivory producing country” means any African country within which is located any part of the range of a population of African elephants;
(8) the term “ivory quota” means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System;
(9) the term “personal effects” means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage;
(10) the term “raw ivory” means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved;
(11) the term “Secretary” means the Secretary of the Interior;
(12) the term “United States” means the fifty States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and
(13) the term “worked ivory” means any African elephant tusk, and any piece thereof, which is not raw ivory.
(Pub. L. 100–478, title II, § 2305, Oct. 7, 1988, 102 Stat. 2322; Pub. L. 107–111, § 6(a)(4), Jan. 8, 2002, 115 Stat. 2096.)
heading: Editorial Notes
heading: References in Text
text: Division A, section 101(e), title I of Public Law 105–277, referred to in par. (4), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading “multinational species conservation fund” in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title.
The Endangered Species Act of 1973, referred to in par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, 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.
heading: Amendments
text: 2002—Par. (4). Pub. L. 107–111 substituted “the account established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘multinational species conservation fund’ ” for “the African Elephant Conservation Fund established by section 4212 of this title”.