dreamproit/uscode huggingface dataset:
16 U.S.C. § 4245 (CONSERVATION)
§ 4245. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund and to the Secretary a total of not to exceed $5,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to remain available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(Pub. L. 100–478, title II, § 2306, Oct. 7, 1988, 102 Stat. 2323; Pub. L. 102–440, title III, § 302, Oct. 23, 1992, 106 Stat. 2234; Pub. L. 105–217, § 2, Aug. 5, 1998, 112 Stat. 911; Pub. L. 107–111, §§ 2, 3, Jan. 8, 2002, 115 Stat. 2095; Pub. L. 107–141, § 5(b)(2)(B), Feb. 12, 2002, 116 Stat. 14; Pub. L. 110–132, § 2(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, § 7001(c)(1)(A), Mar. 12, 2019, 133 Stat. 784; Pub. L. 118–159, div. E, title LIII, § 5303(b), Dec. 23, 2024, 138 Stat. 2445.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (a). Pub. L. 118–159 substituted “2025 through 2029” for “2019 through 2023”.
2019—Subsec. (a). Pub. L. 116–9 substituted “2019 through 2023” for “2007 through 2012”.
2007—Subsec. (a). Pub. L. 110–132, § 2(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–132, § 2(b), substituted “$100,000” for “$80,000”.
2002—Subsec. (b). Pub. L. 107–141 made technical amendment to reference in original act which appears in two places in text as reference to this chapter.
Pub. L. 107–111 designated existing provisions as subsec. (a), inserted heading, substituted “is authorized” for “are authorized” and “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1997, 1998, 1999, 2000, 2001, and 2002”, and added subsec. (b).
1998—Pub. L. 105–217 substituted “fiscal years 1997, 1998, 1999, 2000, 2001, and 2002” for “fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998”.
1992—Pub. L. 102–440 substituted “fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998” for “fiscal years 1989, 1990, 1991, 1992, and 1993”.
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. § 4246 (CONSERVATION)
§ 4246. Multinational Species Conservation Fund
In fiscal year 1999 and thereafter, donations to provide assistance under section 5304 of this title, part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 4264 of this title shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, all penalties received by the United States under section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225) shall be deposited to this Fund to provide assistance under section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, not more than three percent of amounts appropriated to this Fund may be used by the Secretary of the Interior to administer the Fund.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–237; Pub. L. 107–111, § 6(b), Jan. 8, 2002, 115 Stat. 2096; Pub. L. 107–112, § 6(b), Jan. 8, 2002, 115 Stat. 2098; Pub. L. 107–141, § 5(b)(1), Feb. 12, 2002, 116 Stat. 14.)
heading: Editorial Notes
heading: References in Text
text: The African Elephant Conservation Act, referred to in text, is title II of Pub. L. 100–478, Oct. 7, 1988, 102 Stat. 2315. Part I of the Act is classified generally to subchapter I (§ 4211 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4201 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the African Elephant Conservation Act which comprises this chapter.
heading: Amendments
text: 2002—Pub. L. 107–141 substituted “section 5304 of this title, part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 4264 of this title” for “section 5304 of the Rhinoceros and Tiger Conservation Act of 1994, part I of the African Elephant Conservation Act, and section 4265 of this title”, “section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224)” for “16 U.S.C. 4224”, “section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225)” for “16 U.S.C. 4225”, and “section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211)” for “16 U.S.C. 4211”.
Pub. L. 107–111 and Pub. L. 107–112 amended section identically, substituting “Rhinoceros and Tiger Conservation Act of 1994, part I” for “Rhinoceros and Tiger Conservation Act, subchapter I”.
16 U.S.C. § 4261 (CONSERVATION)
§ 4261. Findings
The Congress finds the following:
(1) Asian elephant populations in nations within the range of Asian elephants have continued to decline to the point that the long-term survival of the species in the wild is in serious jeopardy.
(2) The Asian elephant is listed as an endangered species under section 1533 of this title and under appendix I of the Convention on International Trade of Endangered Species of Wild Fauna and Flora.
(3) Because the challenges facing the conservation of Asian elephants are so great, resources to date have not been sufficient to cope with the continued loss of habitat and the consequent diminution of Asian elephant populations.
(4) The Asian elephant is a flagship species for the conservation of tropical forest habitats in which it is found and provides the consequent benefit from such conservation to numerous other species of wildlife including many other endangered species.
(5) Among the threats to the Asian elephant in addition to habitat loss are population fragmentation, human-elephant conflict, poaching for ivory, meat, hide, bones and teeth, and capture for domestication.
(6) To reduce, remove, or otherwise effectively address these threats to the long-term viability of populations of Asian elephants in the wild will require the joint commitment and effort of nations within the range of Asian elephants, the United States and other countries, and the private sector.
(Pub. L. 105–96, § 2, Nov. 19, 1997, 111 Stat. 2150.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2007 Amendment
text: Pub. L. 110–133, § 1, Dec. 6, 2007, 121 Stat. 1362, provided that: “This Act [amending sections 4264 and 4266 of this title] may be cited as the ‘Asian Elephant Conservation Reauthorization Act of 2007’.”
heading: Short Title of 2002 Amendment
text: Pub. L. 107–141, § 1, Feb. 12, 2002, 116 Stat. 13, provided that: “This Act [enacting section 4265a of this title, amending sections 3709, 4214, 4245, 4246, 4263, 4265, and 4266 of this title, and enacting provisions set out as a note under section 4214 of this title] may be cited as the ‘Asian Elephant Conservation Reauthorization Act of 2002’.”
heading: Short Title
text: Pub. L. 105–96, § 1, Nov. 19, 1997, 111 Stat. 2150, provided that: “This Act [enacting this chapter] may be cited as the ‘Asian Elephant Conservation Act of 1997’.”
16 U.S.C. § 4262 (CONSERVATION)
§ 4262. Purposes
The purposes of this chapter are the following:
(1) To perpetuate healthy populations of Asian elephants.
(2) To assist in the conservation and protection of Asian elephants by supporting the conservation programs of Asian elephant range states and the CITES Secretariat.
(3) To provide financial resources for those programs.
(Pub. L. 105–96, § 3, Nov. 19, 1997, 111 Stat. 2150.)
16 U.S.C. § 4263 (CONSERVATION)
§ 4263. Definitions
In this chapter:
(1) The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices.
(2) The term “conservation” means the use of methods and procedures necessary to bring Asian elephants to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including all activities associated with scientific resource management, such as conservation, protection, restoration, acquisition, and management of habitat; research and monitoring of known populations; assistance in the development of management plans for managed elephant ranges; CITES enforcement; law enforcement through community participation; translocation of elephants; conflict resolution initiatives; and community outreach and education.
(3) 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].
(4) The term “Secretary” means the Secretary of the Interior.
(5) The term “Administrator” means the Administrator of the Agency for International Development.
(Pub. L. 105–96, § 4, Nov. 19, 1997, 111 Stat. 2151; Pub. L. 107–141, § 5(a)(1), Feb. 12, 2002, 116 Stat. 14.)
heading: Editorial Notes
heading: References in Text
text: Division A, section 101(e), title I of Public Law 105–277, referred to in par. (3), 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.
heading: Amendments
text: 2002—Par. (3). Pub. L. 107–141 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 Asian Elephant Conservation Fund established under section 4265(a) of this title”.
16 U.S.C. § 4265 (CONSERVATION)
§ 4265. Acceptance and use of donations
The Secretary may accept and use donations to provide assistance under section 4264 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund.
(Pub. L. 105–96, § 6, Nov. 19, 1997, 111 Stat. 2153; Pub. L. 107–141, § 5(a)(2), Feb. 12, 2002, 116 Stat. 14.)
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–141 substituted “Acceptance and use of donations” for “Asian Elephant Conservation Fund” as section catchline, struck out subsecs. (a) to (c), which related to establishment, deposits into, and use of the Asian Elephant Conservation Fund, redesignated subsec. (d) as entire section and struck out subsec. heading.
16 U.S.C. § 4265a (CONSERVATION)
§ 4265a. 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 Asian 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. 105–96, § 7, as added Pub. L. 107–141, § 4, Feb. 12, 2002, 116 Stat. 13; amended Pub. L. 117–286, § 4(a)(121), Dec. 27, 2022, 136 Stat. 4319.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7 of Pub. L. 105–96 was renumbered section 8 and is classified to section 4266 of this title.
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.
16 U.S.C. § 4266 (CONSERVATION)
§ 4266. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, which may remain available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(Pub. L. 105–96, § 8, formerly § 7, Nov. 19, 1997, 111 Stat. 2153; renumbered § 8 and amended Pub. L. 107–141, §§ 2–4, Feb. 12, 2002, 116 Stat. 13; Pub. L. 110–133, § 2(b), (c), Dec. 6, 2007, 121 Stat. 1362; Pub. L. 116–9, title VII, § 7001(c)(1)(B), Mar. 12, 2019, 133 Stat. 784; Pub. L. 118–159, div. E, title LIII, § 5304(b), Dec. 23, 2024, 138 Stat. 2445.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (a). Pub. L. 118–159 substituted “2025 through 2029” for “2019 through 2023”.
2019—Subsec. (a). Pub. L. 116–9 substituted “2019 through 2023” for “2007 through 2012”.
2007—Subsec. (a). Pub. L. 110–133, § 2(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–133, § 2(b), substituted “$100,000” for “$80,000”.
2002—Pub. L. 107–141, § 3, designated existing provisions as subsec. (a), inserted heading, substituted “There is authorized” for “There are authorized”, and added subsec. (b).
Pub. L. 107–141, § 2, substituted “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1998, 1999, 2000, 2001, and 2002”.
16 U.S.C. § 4302 (CONSERVATION)
§ 4302. Definitions
For purposes of this chapter:
(1) Cave
The term “cave” means any naturally occurring void, cavity, recess, or system of interconnected passages which occurs beneath the surface of the earth or within a cliff or ledge (including any cave resource therein, but not including any vug, mine, tunnel, aqueduct, or other manmade excavation) and which is large enough to permit an individual to enter, whether or not the entrance is naturally formed or manmade. Such term shall include any natural pit, sinkhole, or other feature which is an extension of the entrance.
(2) Federal lands
The term “Federal lands” means lands the fee title to which is owned by the United States and administered by the Secretary of Agriculture or the Secretary of the Interior.
(3) Indian lands
The term “Indian lands” means lands of Indian tribes or Indian individuals which are either held in trust by the United States for the benefit of an Indian tribe or subject to a restriction against alienation imposed by the United States.
(4) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims settlement 1 Act (43 U.S.C. 1601 et seq.).
(5) Cave resource
The term “cave resource” includes any material or substance occurring naturally in caves on Federal lands, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems.
(6) Secretary
The term “Secretary” means the Secretary of Agriculture or the Secretary of the Interior, as appropriate.
(7) Speleothem
The term “speleothem” means any natural mineral formation or deposit occurring in a cave or lava tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or mud.
(8) Speleogen
The term “speleogen” means relief features on the walls, ceiling, and floor of any cave or lava tube which are part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves.
(Pub. L. 100–691, § 3, Nov. 18, 1988, 102 Stat. 4546.)
heading: Editorial Notes
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
16 U.S.C. § 4303 (CONSERVATION)
§ 4303. Management actions
(a) Regulations
Not later than nine months after November 18, 1988, the Secretary shall issue such regulations as he deems necessary to achieve the purposes of this chapter. Regulations shall include, but not be limited to, criteria for the identification of significant caves. The Secretaries shall cooperate and consult with one another in preparation of the regulations. To the extent practical, regulations promulgated by the respective Secretaries should be similar.
(b) In general
The Secretary shall take such actions as may be necessary to further the purposes of this chapter. Those actions shall include (but need not be limited to)—
(1) identification of significant caves on Federal lands:
(A) The Secretary shall prepare an initial list of significant caves for lands under his jurisdiction not later than one year after the publication of final regulations using the significance criteria defined in such regulations. Such a list shall be developed after consultation with appropriate private sector interests, including cavers.
(B) The initial list of significant caves shall be updated periodically, after consultation with appropriate private sector interests, including cavers. The Secretary shall prescribe by policy or regulation the requirements and process by which the initial list will be updated, including management measures to assure that caves under consideration for the list are protected during the period of consideration. Each cave recommended to the Secretary by interested groups for possible inclusion on the list of significant caves shall be considered by the Secretary according to the requirements prescribed pursuant to this paragraph, and shall be added to the list if the Secretary determines that the cave meets the criteria for significance as defined by the regulations.
(2) regulation or restriction of use of significant caves, as appropriate;
(3) entering into volunteer management agreements with persons of the scientific and recreational caving community; and
(4) appointment of appropriate advisory committees.
(c) Planning and public participation
The Secretary shall—
(1) ensure that significant caves are considered in the preparation or implementation of any land management plan if the preparation or revision of the plan began after November 18, 1988; and
(2) foster communication, cooperation, and exchange of information between land managers, those who utilize caves, and the public.
(Pub. L. 100–691, § 4, Nov. 18, 1988, 102 Stat. 4547.)
16 U.S.C. § 4304 (CONSERVATION)
§ 4304. Confidentiality of information concerning nature and location of significant caves
(a) In general
Information concerning the specific location of any significant cave may not be made available to the public under section 552 of title 5 unless the Secretary determines that disclosure of such information would further the purposes of this chapter and would not create a substantial risk of harm, theft, or destruction of such cave.
(b) Exceptions
Notwithstanding subsection (a), the Secretary may make available information regarding significant caves upon the written request by Federal and State governmental agencies or bona fide educational and research institutions. Any such written request shall, at a minimum—
(1) describe the specific site or area for which information is sought;
(2) explain the purpose for which such information is sought; and
(3) include assurances satisfactory to the Secretary that adequate measures are being taken to protect the confidentiality of such information and to ensure the protection of the significant cave from destruction by vandalism and unauthorized use.
(Pub. L. 100–691, § 5, Nov. 18, 1988, 102 Stat. 4548.)
16 U.S.C. § 4306 (CONSERVATION)
§ 4306. Prohibited acts and criminal penalties
(a) Prohibited acts
(1) Any person who, without prior authorization from the Secretary knowingly destroys, disturbs, defaces, mars, alters, removes or harms any significant cave or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands, or enters a significant cave with the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b).
(2) Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands shall be punished in accordance with subsection (b).
(3) Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subsection shall be punished in accordance with section 1 (b).
(4) Nothing in this section shall be deemed applicable to any person who was in lawful possession of a cave resource from a significant cave prior to November 18, 1988.
(b) Punishment
The punishment for violating any provision of subsection (a) shall be imprisonment of not more than one year or a fine in accordance with the applicable provisions of title 18, or both. In the case of a second or subsequent violation, the punishment shall be imprisonment of not more than 3 years or a fine in accordance with the applicable provisions of title 18, or both.
(Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)