dreamproit/uscode huggingface dataset:
16 U.S.C. § 1167 (CONSERVATION)
§ 1167. Leases, permits, agreements, and contracts with public or private agencies or persons
The Secretary is authorized to enter into agreements or contracts or leases with, or to issue permits to, any public or private agency or person for carrying out the provisions of the Convention or this chapter.
(Pub. L. 89–702, title II, § 207, Nov. 2, 1966, 80 Stat. 1095; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 842.)
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 98–129 amended section generally, substituting provisions authorizing the Secretary to enter into agreements or contracts or leases with, or to issue permits to, any public or private agency or person for carrying out the provisions of the Convention or this chapter for provisions which had set a fine of not more than $500 or imprisonment for not more than six months, or both, for violating regulations of the Secretary relating to the use and management of the Pribilof Islands or the protection or conservation of fur seals, wildlife, or other natural resources.
16 U.S.C. § 1169 (CONSERVATION)
§ 1169. Regulations
The Secretary is authorized to prescribe such regulations as he deems necessary to carry out the provisions of this subchapter.
(Pub. L. 89–702, title II, § 211, as added Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 844.)
16 U.S.C. § 1169a (CONSERVATION)
§ 1169a. Annuities and survivor annuities; recomputation
(a)
(1) 1 An annuity or survivor annuity based on the service of an employee or Member who performed service described in the second paragraph (13) 2 of subsection (b) or subsection (l)(1)(C) of section 8332 of title 5, as added by subsections (b) and (e), respectively, of section 209 of this Act [Pub. L. 89–702], shall, upon application to the Office of Personnel Management, be recomputed in accordance with the second paragraph (13) of subsection (b) and subsection (l), respectively, of such section 8332, regardless of whether the employee or Member retires before, on, or after October 14, 1983.
(2) Any recomputation of annuity under paragraph (1) of this subsection shall apply with respect to months beginning more than 30 days after the date on which application for such recomputation is received by the Office.
(Pub. L. 89–702, title II, § 212, as added Pub. L. 98–369, div. B, title II, § 2208(b), July 18, 1984, 98 Stat. 1061.)
heading: Editorial Notes
heading: References in Text
text: The second paragraph (13) of subsection (b) of section 8332 of title 5, referred to in subsec. (a)(1), relates to service performed by a Native of the Pribilof Islands. That par. (13) was added by subsec. (b) of section 209 of Pub. L. 89–702 (as added by section 2 of Pub. L. 98–129) and is set out in the Code as the first par. (13) of subsec. (b) of section 8332 of Title 5, Government Organization and Employees.
heading: Codification
text: Another section 212 of Pub. L. 89–702 is classified to section 1169b of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 98–369, div. B, title II, § 2208(c), July 18, 1984, 98 Stat. 1061, provided that: “The amendments made by this section [enacting this section and amending section 8332 of Title 5, Government Organization and Employees] shall take effect as of October 14, 1983.”
16 U.S.C. § 1169b (CONSERVATION)
§ 1169b. Use of local entities
Notwithstanding any other law to the contrary, the Secretary of Commerce shall, to the maximum extent practicable, carry out activities under subsection (a) 1 and fulfill other obligations under Federal and State law relating to the Pribilof Islands, through grants or other agreements with local entities and residents of the Pribilof Islands, unless specialized skills are needed for an activity, and the Secretary specifies in writing that such skills are not available through local entities and residents of the Pribilof Islands.
(Pub. L. 89–702, title II, § 212, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(6)(A)(ii)], Dec. 21, 2000, 114 Stat. 2763, 2763A–248; Pub. L. 106–562, title I, § 106(a)(2), Dec. 23, 2000, 114 Stat. 2799.)
heading: Editorial Notes
heading: References in Text
text: Subsection (a), referred to in text, was a reference to subsection (a) of section 3 of Pub. L. 104–91 when the text of this section was originally enacted as subsec. (d) of section 3 of Pub. L. 104–91, set out in a note under section 1165 of this title, see Codification note below.
heading: Codification
text: The text of this section as added by Pub. L. 106–554 and Pub. L. 106–562 is based on the text of Pub. L. 104–91, § 3(d), Jan. 6, 1996, 110 Stat. 9, as amended by Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(6)(A)(i)], Dec. 21, 2000, 114 Stat. 2763, 2763A–248; Pub. L. 106–562, title I, § 106(a)(1), Dec. 23, 2000, 114 Stat. 2799. Pub. L. 104–91, § 3(d), was included in a note set out under section 1165 of this title prior to being redesignated and transferred by Pub. L. 106–554 and Pub. L. 106–562 so as to appear as section 212 of Pub. L. 89–702.
Another section 212 of Pub. L. 89–702 is classified to section 1169a of this title.
16 U.S.C. § 1171 (CONSERVATION)
§ 1171. Seizure and forfeiture of vessels
(a) Every vessel subject to the jurisdiction of the United States that is employed in any manner in connection with a violation of the provision of this chapter, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture; and all fur seals, or parts thereof, taken or retained in violation of this chapter, or the monetary value thereof, shall be forfeited.
(b) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores for violation of the customs laws, the disposition of such vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter.
(Pub. L. 89–702, title III, § 301, Nov. 2, 1966, 80 Stat. 1096; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 844.)
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 98–129 amended section generally, substituting provisions, which were contained in section 1181 of this title, relating to seizure and forfeiture of vessels for provisions prohibiting the taking of sea otters on the high seas.
16 U.S.C. § 1173 (CONSERVATION)
§ 1173. Regulations
The Secretary is authorized to prescribe such regulations as he deems necessary and appropriate to carry out the provisions of this subchapter.
(Pub. L. 89–702, title III, § 303, as added Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 845.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1183 of this title, prior to the complete revision of this chapter by Pub. L. 98–129.
16 U.S.C. § 1174 (CONSERVATION)
§ 1174. Penalties
(a) Any person who knowingly violates any provision of this chapter or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,000 for such violation, or imprisoned for not more than one year, or both.
(b) Any person who violates any provision of this chapter or any regulation or permit issued hereunder may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Hearings held during proceedings for the assessment of civil penalties authorized by this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any civil penalty assessed may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty, and such court shall have jurisdiction to hear and decide any such action.
(Pub. L. 89–702, title III, § 304, as added Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 845.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1184 of this title, prior to the complete revision of this chapter by Pub. L. 98–129.
16 U.S.C. § 1175 (CONSERVATION)
§ 1175. Authorization of appropriations
(a) There are authorized to be appropriated to the operations, research, and facilities account of the National Oceanic and Atmospheric Administration in the Department of Commerce, such sums as may be necessary, up to $2,000,000, for fiscal year 1984 for the purpose of upgrading Federal property to be transferred pursuant to section 1165 of this title, $736,000 for fiscal year 1984 for the purposes of sections 1154 and 1168 of this title and such sums as may be necessary for each fiscal year thereafter for the purposes of sections 1154 and 1168 of this title.
(b) The contract authority of the Secretary under this chapter is effective for any fiscal year only to the extent that appropriations are available for such purposes.
(Pub. L. 89–702, title III, § 305, as added Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 845.)
16 U.S.C. § 1181...1187 (CONSERVATION)
§§ 1181 to 1187. Omitted
heading: Editorial Notes
heading: Codification
text: Sections were omitted in the general revision of this chapter by Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 835.
Section 1181, Pub. L. 89–702, title IV, § 401, Nov. 2, 1966, 80 Stat. 1097, related to seizure and forfeiture of vessels. See section 1171 of this title.
Section 1182, Pub. L. 89–702, title IV, § 402, Nov. 2, 1966, 80 Stat. 1097; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; 1978 Reorg. Plan No. 2 of 1978, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784, set out additional enforcement provisions. See section 1172 of this title.
Section 1183, Pub. L. 89–702, title IV, § 403, Nov. 2, 1966, 80 Stat. 1098; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, authorized the Secretary of Commerce to issue regulations. See section 1173 of this title.
Section 1184, Pub. L. 89–702, title IV, § 404, Nov. 2, 1966, 80 Stat. 1098, set out penalties for violations. See section 1174 of this title.
Section 1185, Pub. L. 89–702, title IV, § 405, Nov. 2, 1966, 80 Stat. 1098; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to contracts or agreements for research. See section 1155(b) of this title.
Section 1186, Pub. L. 89–702, title IV, § 406, Nov. 2, 1966, 80 Stat. 1098, defined terms as used in this chapter. See section 1151 of this title.
Section 1187, Pub. L. 89–702, title IV, § 407, Nov. 2, 1966, 80 Stat. 1098, related to creation of a Pribilof Islands fund. See section 1166 of this title.
16 U.S.C. § 1201 (CONSERVATION)
§ 1201. Declaration of purposes; Secretary’s cooperation with and assistance to States
For the purposes of conserving and protecting the fish and shellfish resources in the coastal waters of the United States and the Commonwealth of Puerto Rico, and promoting and safeguarding water-based recreation for present and future generations in these waters, the Secretary of Commerce is authorized to cooperate with, and provide assistance to, the States in controlling and eliminating jellyfish, commonly referred to as “sea nettles”, and other such pests and in conducting research for the purposes of controlling floating seaweed in such waters.
(Pub. L. 89–720, § 1, Nov. 2, 1966, 80 Stat. 1149; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: “Secretary of Commerce” was substituted in text for “Secretary of the Interior” in view of: the creation of the National Oceanic and Atmospheric Administration in the Department of Commerce and the Office of Administrator of such Administration; the abolition of the Bureau of Commercial Fisheries in the Interior Department and the Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in the Secretary of the Interior or the Interior Department which were administered through the Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish programs of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 1202 (CONSERVATION)
§ 1202. Authority of Secretary; studies, research, and investigations; control measures; execution of program; other actions; costs
In carrying out the purposes of this chapter, the Secretary, in cooperation with the States and the Commonwealth of Puerto Rico, is authorized (1) to conduct, directly or by contract, such studies, research, and investigations, as he deems desirable, to determine the abundance and distribution of jellyfish and other such pests and their effects on fish and shellfish and water-based recreation, (2) to conduct studies of control measures of such pests and of floating seaweed, (3) to carry out, based on studies made pursuant to this chapter, a program of controlling or eliminating such pests and such seaweed, and (4) to take such other actions as the Secretary deems desirable: Provided, That the costs of such actions shall be borne equally by the Federal Government and by the States and the Commonwealth of Puerto Rico, acting jointly or severally.
(Pub. L. 89–720, § 2, Nov. 2, 1966, 80 Stat. 1149.)
16 U.S.C. § 1203 (CONSERVATION)
§ 1203. Authorization of appropriations
There is authorized to be appropriated not to exceed $500,000 for the fiscal year ending June 30, 1968, $750,000 for the fiscal year ending June 30, 1969, $1,000,000 for the period beginning July 1, 1969, and ending June 30, 1973, and $400,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, and June 30, 1977.
(Pub. L. 89–720, § 3, Nov. 2, 1966, 80 Stat. 1149; Pub. L. 91–451, Oct. 14, 1970, 84 Stat. 922; Pub. L. 92–604, Oct. 31, 1972, 86 Stat. 1493.)
heading: Editorial Notes
heading: Amendments
text: 1972—Pub. L. 92–604 authorized appropriations of $400,000 for fiscal years ending June 30, 1974, 1975, 1976, and 1977.
1970—Pub. L. 91–451 substituted “for the period beginning July 1, 1969, and ending June 30, 1973” for “for the fiscal year ending June 30, 1970”.
16 U.S.C. § 1204 (CONSERVATION)
§ 1204. Compacts
The Congress consents to any compact or agreement between any two or more States for the purpose of carrying out a program of research, study, investigation, and control of jellyfish and other such pests in the coastal waters of the United States. The right to alter, amend, or repeal this section or the consent granted herein is expressly reserved.
(Pub. L. 89–720, § 4, Nov. 2, 1966, 80 Stat. 1149.)
16 U.S.C. § 1205 (CONSERVATION)
§ 1205. General authority of Secretary for conducting studies, research, and investigations unaffected
Nothing in this chapter shall be construed to alter, amend, repeal, modify, or diminish the present general authority of the Secretary of Commerce to conduct studies, research, and investigations related to the mission of the Department of Commerce.
(Pub. L. 89–720, § 5, Nov. 2, 1966, 80 Stat. 1149; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: Transfer of functions to Secretary of Commerce from Secretary of the Interior and substitution of Department of Commerce for Department of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 1201 of this title.
16 U.S.C. § 1211 (CONSERVATION)
§ 1211. Congressional statement of purpose
For the purpose of conserving and protecting coral reef resources of the tropical islands of interest and concern to the United States in the Pacific and safeguarding critical island areas from possible erosion and to safeguard future recreational and esthetic uses of Pacific coral reefs, the Secretary of Commerce and the Secretary of the Smithsonian Institution are authorized to cooperate with and provide assistance to the governments of the State of Hawaii, the territories and possessions of the United States, including Guam and American Samoa, the Trust Territory of the Pacific Islands, and other island possessions of the United States, in the study and control of the seastar “Crown of Thorns” (Acanthaster planci).
(Pub. L. 91–427, § 1, Sept. 26, 1970, 84 Stat. 884; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: “Secretary of Commerce” substituted in text for “Secretary of the Interior” in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.
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. § 1212 (CONSERVATION)
§ 1212. Investigation and control of crown of thorns starfish
In carrying out the purposes of this chapter, the Secretary of Commerce and the Secretary of the Smithsonian Institution are authorized to—
(1) conduct such studies, research, and investigations, as they deem desirable to determine the causes of the population increase of the “Crown of Thorns”, their effects on corals and coral reefs, and the stability and regeneration of reefs following predation;
(2) to monitor areas where the “Crown of Thorns” may be increasing in numbers and to determine future needs for control;
(3) to develop improved methods of control and to carry out programs of control in areas where these are deemed necessary; and
(4) to take such other actions as deemed desirable to gain an understanding of the ecology and control of the seastar “Crown of Thorns”.
(Pub. L. 91–427, § 2, Sept. 26, 1970, 84 Stat. 884; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 1211 of this title.
16 U.S.C. § 1213 (CONSERVATION)
§ 1213. Authorization of appropriations
For the purpose of carrying out the provisions of this chapter, there is authorized to be appropriated for the period commencing on September 26, 1970, and ending June 30, 1975, not to exceed $4,500,000.
(Pub. L. 91–427, § 3, Sept. 26, 1970, 84 Stat. 884.)
16 U.S.C. § 1220a (CONSERVATION)
§ 1220a. Transfer of title; terms and conditions
If, after consideration of such comments and views as are received pursuant to section 1220(c) of this title, the Secretary finds that the use of obsolete ships proposed by a State will not violate any Federal law, contribute to degradation of the marine environment, create undue interference with commercial fishing or navigation, and is not frivolous, he may transfer without consideration to the State all right, title, and interest of the United States in and to any obsolete ships which are available for transfer under this chapter if—
(1) the State gives to the Secretary such assurances as he deems necessary that such ships will be utilized and maintained only for the purposes stated in the application and, when sunk, will be charted and marked as a hazard to navigation;
(2) the State agrees to secure any licenses or permits which may be required under the provisions of any other applicable Federal law;
(3) the State agrees to such other terms and conditions as the Secretary shall require in order to protect the marine environment and other interests of the United States; and
(4) the transfer would be at no cost to the Government (except for any financial assistance provided under section 1220(c)(1) 1 of this title) with the State taking delivery of such obsolete ships and titles in an “as-is—where-is” condition at such place and time designated as may be determined by the Secretary of Transportation.
(Pub. L. 92–402, § 4, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), (3), Nov. 8, 1984, 98 Stat. 3397; Pub. L. 107–314, div. C, title XXXV, § 3504(a)(2), Dec. 2, 2002, 116 Stat. 2754; Pub. L. 109–163, div. C, title XXXV, § 3505(c), Jan. 6, 2006, 119 Stat. 3552.)
heading: Editorial Notes
heading: References in Text
text: Section 1220(c)(1) of this title, referred to in par. (4), probably means section 7 of Pub. L. 92–402, which is classified to section 1220c–1 of this title.
heading: Amendments
text: 2006—Par. (4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the transfer would be at no cost to the Government (except for any financial assistance provided under section 1220c–1 of this title) with the State taking delivery of such obsolete ships at fleetside of the National Defense Reserve Fleet in an ‘as is—where is’ condition.”
2002—Par. (4). Pub. L. 107–314 inserted “(except for any financial assistance provided under section 1220c–1 of this title)” after “at no cost to the Government”.
1984—Pub. L. 98–623 substituted “obsolete ships” for “Liberty ships” wherever appearing in provisions preceding par. (1) and in par. (4), and substituted “may transfer” for “shall transfer” in provisions preceding par. (1).