dreamproit/uscode huggingface dataset:
16 U.S.C. § 4601 (CONSERVATION)
§ 4601. Establishment of Take Pride in America Program
(a) In general
There is hereby established the Take Pride in America Program within the Department of the Interior (hereinafter referred to as the “TPIA Program”).
(b) Purposes
The purposes of the TPIA Program shall include the following:
(1) To establish and maintain a public awareness campaign in cooperation with public and private organizations and individuals—
(A) to instill in the public the importance of the appropriate use of, and appreciation for Federal, State, and local lands, facilities, and natural and cultural resources;
(B) to encourage an attitude of stewardship and responsibility toward these lands, facilities, and resources; and
(C) to promote participation by individuals, organizations, and communities of a conservation ethic in caring for these lands, facilities, and resources.
(2) To conduct a national awards program to honor those individuals and entities which, in the opinion of the Secretary of the Interior (hereafter in this chapter referred to as the “Secretary”), have distinguished themselves in the activities described in paragraph (1) of this subsection.
(Pub. L. 101–628, title XI, § 1102, Nov. 28, 1990, 104 Stat. 4502.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b)(2), was in the original “this Act”, and was translated as reading “this title”, meaning title XI of Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4502, known as the Take Pride in America Act, which is classified generally to this chapter, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 101–628, title XI, § 1101, Nov. 28, 1990, 104 Stat. 4502, provided that: “This title [enacting this chapter] may be cited as the ‘Take Pride in America Act’.”
16 U.S.C. § 4602 (CONSERVATION)
§ 4602. Gifts and bequests
(a) Authority
The Secretary may solicit, accept, hold, administer, invest in government securities, and use gifts and bequests of money and other personal property to aid or facilitate the purposes of the TPIA Program. Property so donated and accepted shall not be subject to sequestration.
(b) Accounting
The Secretary shall maintain a full accounting of such gifts and bequests.
(c) Treatment of donations, etc.
For purposes of Federal law, property accepted pursuant to this section shall be considered as a gift, bequest, or devise to the United States.
(d) Use of property
Any property and the proceeds thereof shall be used as nearly as practicable in accordance with the terms of the gift or bequest.
(Pub. L. 101–628, title XI, § 1103, Nov. 28, 1990, 104 Stat. 4502.)
16 U.S.C. § 4604 (CONSERVATION)
§ 4604. Volunteers
(a) Authority to use volunteers
The Secretary is authorized to recruit, train, and accept the services of individuals or entities, without compensation, as volunteers for or in aid of the purposes of the TPIA Program, without regard to the provisions of title 5, that govern appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of title 5, that relate to classification and General Schedule pay rates.
(b) Incidental expenses
The Secretary is authorized to provide for the incidental expenses of such volunteers, such as transportation, uniforms, lodging, or subsistence.
(c) Volunteers’ status as Federal employees
(1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
(2) For purposes of chapter 171 of title 28 (commonly referred to as the “Federal Tort Claims Act”), a volunteer under this subsection shall be considered an employee of the government (as defined in section 2671 of such title).
(3) For purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, a volunteer under this subsection shall be considered an employee (as defined in section 8101 of title 5).
(Pub. L. 101–628, title XI, § 1105, Nov. 28, 1990, 104 Stat. 4502.)
16 U.S.C. § 4605 (CONSERVATION)
§ 4605. Authority to execute contracts
The Secretary is authorized to enter into contracts and cooperative agreements and generally to do any and all lawful acts necessary or appropriate to further the purposes of the TPIA Program.
(Pub. L. 101–628, title XI, § 1106, Nov. 28, 1990, 104 Stat. 4503.)
16 U.S.C. § 4607 (CONSERVATION)
§ 4607. Slogan and logo
The “Take Pride in America” slogan and logo, which are registered by the Department of the Interior, and the goodwill associated with such slogan and logo, shall be administered pursuant to the TPIA Program.
(Pub. L. 101–628, title XI, § 1108, Nov. 28, 1990, 104 Stat. 4503.)
16 U.S.C. § 4608 (CONSERVATION)
§ 4608. Authorization of appropriations
(a) Department of the Interior
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the purposes of this chapter, not to exceed the amount expended for such purposes for fiscal year 1990.
(b) Other Federal agencies
There are authorized to be appropriated to other Federal departments and agencies such sums as may be necessary to carry out the provisions of any other Take Pride in America programs established by such departments or agencies.
(Pub. L. 101–628, title XI, § 1109, Nov. 28, 1990, 104 Stat. 4503.)
16 U.S.C. § 4711 (CONSERVATION)
§ 4711. Repealed. Pub. L. 115–282, title IX, § 903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354
text: Section, Pub. L. 101–646, title I, § 1101, Nov. 29, 1990, 104 Stat. 4763; Pub. L. 102–580, title III, § 302(b)(1), Oct. 31, 1992, 106 Stat. 4839; Pub. L. 102–587, title IV, § 4002, Nov. 4, 1992, 106 Stat. 5068; Pub. L. 104–332, § 2(b)(2), Oct. 26, 1996, 110 Stat. 4075, related to aquatic nuisance species in waters of United States.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 115–282, title IX, § 903(a)(2)(A), Dec. 4, 2018, 132 Stat. 4354, provided that the repeal of this section by section 903(a)(2)(A) is effective beginning on Dec. 4, 2018.
16 U.S.C. § 4713 (CONSERVATION)
§ 4713. Armed services ballast water programs
(a) Department of Defense vessels
Subject to operational conditions, the Secretary of Defense, in consultation with the Secretary, the Task Force, and the International Maritime Organization, shall implement a ballast water management program for seagoing vessels of the Department of Defense to minimize the risk of introduction of nonindigenous species from releases of ballast water.
(b) Coast Guard vessels
Subject to operational conditions, the Secretary, in consultation with the Task Force and the International Maritime Organization, shall implement a ballast water management program for seagoing vessels of the Coast Guard to minimize the risk of introduction of nonindigenous species from releases of ballast water.
(Pub. L. 101–646, title I, § 1103, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.)
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. § 4725 (CONSERVATION)
§ 4725. Relationship to other laws
(a) Consistency with environmental laws
All actions taken by Federal agencies in implementing the provisions of section 4722 of this title shall be consistent with all applicable Federal, State, and local environmental laws.
(b) Effect of chapter
(1) In general
Except as provided in paragraph (2), nothing in this chapter shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the jurisdiction of any State over species of fish and wildlife.
(2) Exception
Any discharge incidental to the normal operation of a vessel, including any discharge of ballast water (as those terms are defined in subsections (a) and (p)(1) of section 1322 of title 33), shall be regulated in accordance with that section.
(c) Effect of compliance
Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subchapter.
(Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 115–282, title IX, § 903(h)(2), Dec. 4, 2018, 132 Stat. 4363.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), was in the original “this title”, meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables.
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–282, § 903(h)(2)(C), designated first sentence as subsec. (a) and inserted heading.
Subsec. (b). Pub. L. 115–282, § 903(h)(2)(B), (D), designated second sentence as subsec. (b)(1), inserted subsec. (b) and par. (1) headings, substituted “Except as provided in paragraph (2), nothing” for “Nothing”, and added par. (2).
Subsec. (c). Pub. L. 115–282, § 903(h)(2)(A), designated third sentence as subsec. (c) and inserted heading.
1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1205, which enacted this section.
16 U.S.C. § 4726 (CONSERVATION)
§ 4726. International cooperation
(a) Advice
The Task Force shall provide timely advice to the Secretary of State concerning aquatic nuisance species that infest waters shared with other countries.
(b) Negotiations
The Secretary of State, in consultation with the Task Force, is encouraged to initiate negotiations with the governments of foreign countries concerning the planning and implementation of prevention, monitoring, research, education, and control programs related to aquatic nuisance species infesting shared water resources.
(Pub. L. 101–646, title I, § 1206, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1206, which enacted this section.
16 U.S.C. § 4727 (CONSERVATION)
§ 4727. Intentional introductions policy review
Within one year of November 29, 1990, the Task Force shall, in consultation with State fish and wildlife agencies, other regional, State and local entities, potentially affected industries and other interested parties, identify and evaluate approaches for reducing the risk of adverse consequences associated with intentional introduction of aquatic organisms and submit a report of their findings, conclusions and recommendations to the Congress.
(Pub. L. 101–646, title I, § 1207, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(g), (h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1207, which enacted this section.
Pub. L. 104–332, § 2(g), substituted “Congress” for “appropriate Committees”.
16 U.S.C. § 4728 (CONSERVATION)
§ 4728. Brown tree snake control program
The Task Force shall, within the program developed under section 4722(a) of this title, undertake a comprehensive, environmentally sound program in coordination with regional, territorial, State and local entities to control the brown tree snake (Boiga irregularis) in Guam and other areas where the species is established outside of its historic range.
(Pub. L. 101–646, title I, § 1209, Nov. 29, 1990, 104 Stat. 4772; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(5), Dec. 23, 2022, 136 Stat. 4098.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 substituted “section 4722(a) of this title” for “subsection (a)”.
1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1209, which enacted this section.
16 U.S.C. § 4751 (CONSERVATION)
§ 4751. Environmental impact analyses
The Secretary of State, in consultation with the Council on Environmental Quality, is encouraged to enter into negotiations with the governments of Canada and Mexico to provide for reciprocal cooperative environmental impact analysis of major Federal actions which have significant transboundary effects on the quality of the human environment in the United States, Canada, and Mexico.
(Pub. L. 101–646, title I, § 1401, Nov. 29, 1990, 104 Stat. 4773; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1401, which enacted this section.
16 U.S.C. § 4801...4805 (CONSERVATION)
§§ 4801 to 4805. Omitted
heading: Editorial Notes
heading: Codification
text: Sections 4801 to 4805 were omitted as expired pursuant to section 4807 of this title.
Section 4801, Pub. L. 102–335, § 2, Aug. 7, 1992, 106 Stat. 859, related to findings, purposes, and definitions.
Section 4802, Pub. L. 102–335, § 3, Aug. 7, 1992, 106 Stat. 860, related to Pacific yew conservation and management.
Section 4803, Pub. L. 102–335, § 4, Aug. 7, 1992, 106 Stat. 861, related to research regarding ecology of Pacific yew, development of alternative methods of procuring taxol, and propagation of species.
Section 4804, Pub. L. 102–335, § 5, Aug. 7, 1992, 106 Stat. 861, related to collection and sale of Pacific yew resources.
Section 4805, Pub. L. 102–335, § 6, Aug. 7, 1992, 106 Stat. 862, related to construction of chapter with other laws.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 102–335, § 1(a), Aug. 7, 1992, 106 Stat. 859, provided that Pub. L. 102–335 (this chapter) could be cited as the “Pacific Yew Act”.
16 U.S.C. § 4806 (CONSERVATION)
§ 4806. Repealed. Pub. L. 105–362, title IX, § 901(a)(1), Nov. 10, 1998, 112 Stat. 3289
text: Section, Pub. L. 102–335, § 7, Aug. 7, 1992, 106 Stat. 862; Pub. L. 103–437, § 6(d)(43), Nov. 2, 1994, 108 Stat. 4585, related to report to Congress concerning sufficiency of Pacific yew harvests to supply taxol required for medicinal purposes and concerning Pacific yew inventory required by section 4802(d) of this title.
16 U.S.C. § 4807 (CONSERVATION)
§ 4807. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 102–335, § 7, formerly § 8, Aug. 7, 1992, 106 Stat. 862; renumbered § 7 and amended Pub. L. 105–362, title IX, § 901(a)(2), Nov. 10, 1998, 112 Stat. 3289, provided that if the Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of the Interior concluded that quantities of taxol sufficient to satisfy medicinal demands were available from sources other than the Pacific yew, they were to jointly notify Congress, at which time the requirements of this chapter would expire. Such a conclusion was transmitted to Congress by the Secretaries in a letter dated Jan. 26, 1998.
A prior section 7 of Pub. L. 102–335 was classified to section 4806 of this title prior to repeal by Pub. L. 105–362.
16 U.S.C. § 4902 (CONSERVATION)
§ 4902. Statement of purpose
The purpose of this chapter is to promote the conservation of exotic birds by—
(1) assisting wild bird conservation and management programs in the countries of origin of wild birds;
(2) ensuring that all trade in species of exotic birds involving the United States is biologically sustainable and is not detrimental to the species;
(3) limiting or prohibiting imports of exotic birds when necessary to ensure that—
(A) wild exotic bird populations are not harmed by removal of exotic birds from the wild for the trade; or
(B) exotic birds in trade are not subject to inhumane treatment; and
(4) encouraging and supporting effective implementation of the Convention.
(Pub. L. 102–440, title I, § 103, Oct. 23, 1992, 106 Stat. 2225.)
16 U.S.C. § 4903 (CONSERVATION)
§ 4903. Definitions
In this chapter—
(1) The term “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as amended, signed in Washington on March 3, 1973, and the Appendices thereto.
(2) The term “exotic bird”—
(A) means any live or dead member of the class Aves that is not indigenous to the 50 States or the District of Columbia, including any egg or offspring thereof; and
(B) does not include—
(i) domestic poultry, dead sport-hunted birds, dead museum specimens, dead scientific specimens, or products manufactured from such birds; or
(ii) birds in the following families: Phasianidae, Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae, Rheidae, Dromaiinae, and Gruidae.
(3) Each of the terms “import” and “importation” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States.
(4) The term “person” means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.
(5) The term “qualifying facility” means an exotic bird breeding facility that is included in a list published by the Secretary under section 4906 of this title.
(6) The term “Secretary” means the Secretary of the Interior or a designee of the Secretary of the Interior.
(7) The term “species”—
(A) means any species, any subspecies, or any distinct population segment of a species or subspecies; and
(B) includes hybrids of any species or subspecies.
(8) The term “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(Pub. L. 102–440, title I, § 104, Oct. 23, 1992, 106 Stat. 2225.)
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. § 4905 (CONSERVATION)
§ 4905. List of approved species
(a) Listing
(1) In general
One year after October 23, 1992, and periodically thereafter, the Secretary shall, after notice and an opportunity for public comment, publish in the Federal Register a list of species of exotic birds that are listed in an Appendix to the Convention and that are not subject to a prohibition or suspension of importation otherwise applicable under section 4904(a), (b), or (c) of this title.
(2) Manner of listing
The Secretary shall list a species under paragraph (1) with respect to—
(A) the countries of origin from which the species may be imported; and
(B) if appropriate, the qualifying facilities in those countries from which the species may be imported.
(3) Bases for determinations
In making a determination required under this subsection, the Secretary shall—
(A) use the best scientific information available; and
(B) consider the adequacy of regulatory and enforcement mechanisms in all countries of origin for the species, including such mechanisms for control of illegal trade.
(b) Captive bred species
The Secretary shall include a species of exotic birds in the list under subsection (a) if the Secretary determines that—
(1) the species is regularly bred in captivity and no wild-caught birds of the species are in trade; or
(2) the species is bred in a qualifying facility.
(c) Non-captive bred species
The Secretary shall include in the list under subsection (a) a species of exotic birds that is listed in an Appendix to the Convention if the Secretary finds the Convention is being effectively implemented with respect to that species because of each of the following:
(1) Each country of origin for which the species is listed is effectively implementing the Convention, particularly with respect to—
(A) the establishment of a scientific authority or other equivalent authority;
(B) the requirements of Article IV of the Convention with respect to that species; and
(C) remedial measures recommended by the Parties to the Convention with respect to that species.
(2) A scientifically-based management plan for the species has been developed which—
(A) provides for the conservation of the species and its habitat and includes incentives for conservation;
(B) ensures that the use of the species is biologically sustainable and maintained throughout the range of the species in the country to which the plan applies at a level that is consistent with the role of the species in the ecosystem and is well above the level at which the species might become threatened with extinction; and
(C) addresses factors relevant to the conservation of the species, including illegal trade, domestic trade, subsistence use, disease, and habitat loss.
(3) The management plan is implemented and enforced.
(4) The methods of capture, transport, and maintenance of the species minimizes the risk of injury or damage to health, including inhumane treatment.
(Pub. L. 102–440, title I, § 106, Oct. 23, 1992, 106 Stat. 2227.)
16 U.S.C. § 4906 (CONSERVATION)
§ 4906. Qualifying facilities
(a) Determination
Upon submission of a petition under section 4909 of this title by any person, the Secretary shall determine whether an exotic bird breeding facility is a qualifying facility. Such determination shall be effective for a period specified by the Secretary, which may not exceed 3 years. The Secretary shall, from time to time, publish a list of qualifying facilities in the Federal Register.
(b) Criteria
The Secretary shall determine under subsection (a) that a facility is a qualifying facility for a species of exotic birds if the Secretary finds each of the following:
(1) The facility has demonstrated the capability of producing captive bred birds of the species in the numbers to be imported into the United States from that facility.
(2) The facility is operated in a manner that is not detrimental to the survival of the species in the wild.
(3) The facility is operated in a humane manner.
(4) The appropriate governmental authority of the country in which the facility is located has certified in writing, and the Secretary is satisfied, that the facility has the capability of breeding the species in captivity.
(5) The country in which the facility is located is a Party to the Convention.
(6) All birds exported from the facility are bred at the facility.
(Pub. L. 102–440, title I, § 107, Oct. 23, 1992, 106 Stat. 2228.)