dreamproit/uscode huggingface dataset:
16 U.S.C. § 3457 (CONSERVATION)
§ 3457. Repealed. Pub. L. 110–234, title II, § 2805(d), May 22, 2008, 122 Stat. 1089, and Pub. L. 110–246, § 4(a), title II, § 2805(d), June 18, 2008, 122 Stat. 1664, 1817
text: Section, Pub. L. 97–98, title XV, § 1534, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 273, related to evaluation of program established under this subchapter and submission of report not later than June 30, 2005.
heading: Editorial Notes
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 repealed this section. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 3457, Pub. L. 97–98, title XV, § 1534, Dec. 22, 1981, 95 Stat. 1340, related to the Resource Conservation and Development Policy Board, prior to the general amendment of this subchapter by Pub. L. 107–171.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 3458 (CONSERVATION)
§ 3458. Limitation on assistance
In carrying out this subchapter, the Secretary shall provide technical assistance and financial assistance with respect to not more than 450 active designated areas.
(Pub. L. 97–98, title XV, § 1535, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 274.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3458, Pub. L. 97–98, title XV, § 1535, Dec. 22, 1981, 95 Stat. 1340, related to program evaluation, prior to the general amendment of this subchapter by Pub. L. 107–171.
16 U.S.C. § 3459 (CONSERVATION)
§ 3459. Supplemental authority of the Secretary
The authority of the Secretary under this subchapter to assist councils in the development and implementation of area plans shall be supplemental to, and not in lieu of, any authority of the Secretary under any other provision of law.
(Pub. L. 97–98, title XV, § 1536, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 274.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3459, Pub. L. 97–98, title XV, § 1536, Dec. 22, 1981, 95 Stat. 1340; Pub. L. 101–624, title XIV, § 1452(a), Nov. 28, 1990, 104 Stat. 3611, related to limitation on assistance, prior to the general amendment of this subchapter by Pub. L. 107–171.
16 U.S.C. § 3460 (CONSERVATION)
§ 3460. Authorization of appropriations
(a) In general
There are authorized to be 1 such sums as are necessary to carry out this subchapter.
(b) Loans
The Secretary shall not use more than $15,000,000 of any funds made available for a fiscal year to make loans under this subchapter.
(c) Availability
Funds appropriated to carry out this subchapter shall remain available until expended.
(Pub. L. 97–98, title XV, § 1537, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 274.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 3460 and 3461 were omitted in the general amendment of this subchapter by Pub. L. 107–171.
Section 3460, Pub. L. 97–98, title XV, § 1537, Dec. 22, 1981, 95 Stat. 1340, related to supplemental authority of Secretary.
Section 3461, Pub. L. 97–98, title XV, § 1538, Dec. 22, 1981, 95 Stat. 1341; Pub. L. 101–624, title XIV, § 1452(b), Nov. 28, 1990, 104 Stat. 3611; Pub. L. 104–127, title III, § 383, Apr. 4, 1996, 110 Stat. 1016, authorized appropriations for each of the fiscal years 1996 through 2002.
16 U.S.C. § 3471 (CONSERVATION)
§ 3471. Payments for land removed from production for conservation purposes; authorization of appropriations
(a) The Secretary of Agriculture may enter into contracts to provide financial assistance in the form of payments to owners and operators of cropland located in counties where the soil normally freezes to a depth of at least four inches annually who remove such land from agricultural production for a period not to exceed one year for the purpose of installing enduring conservation measures which involve excavation of the soil. The payments under such contracts shall be in such amounts as determined by the Secretary to be necessary to effectuate the purposes of this subchapter but shall not exceed an amount equal to the number of acres of cropland removed from agricultural production for such purpose multiplied by 50 per centum of the typical annual rent, as determined by the Secretary, paid for similar land in the county. Financial assistance may not be provided under this section with respect to any conservation measure without the approval of the soil and water conservation district board for the district in which the land is located, and may not, in the aggregate, be provided in any year with respect to more than one-half of 1 per centum of the cropland in any county.
(b) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, such sums to remain available until expended.
(Pub. L. 97–98, title XV, § 1552, Dec. 22, 1981, 95 Stat. 1344.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this subtitle”, meaning subtitle J (§§ 1550–1554) of title XV of Pub. L. 97–98, Dec. 22, 1981, 95 Stat. 1344, which enacted this subchapter and section 2273 of Title 7, Agriculture, and amended section 1236 of Title 30, Mineral Lands and Mining. For complete classification of subtitle J to the Code, see Tables.
16 U.S.C. § 3472 (CONSERVATION)
§ 3472. Conservation tillage; Congressional findings, etc.
(a) Congress finds that—
(1) domestic and international demand for agricultural products from the United States is great and is expected to significantly increase over the next twenty years;
(2) the ability of the United States to provide agricultural products to meet that demand is seriously impaired by the annual loss of five billion tons of soil due to wind and water erosion;
(3) the battle against soil erosion is being lost despite the annual expenditure of millions of dollars by the Federal Government on research, technical assistance, and conservation incentives to control soil erosion;
(4) conservation tillage practices are estimated to reduce soil erosion by 50 to 90 per centum over conventional farming practices; and
(5) conservation tillage may result in better yields, greater land use flexibility, decreased fuel use, decreased labor and equipment costs, increased retention of soil moisture, and more productive land than conventional farming practices and may be adaptable to a broad range of soil types and slopes throughout the country.
(b) It is the sense of Congress that the Secretary of Agriculture should, and is hereby urged and requested to—
(1) direct the attention of our Nation’s farmers to the costs and benefits of conservation tillage as a means of controlling soil erosion and improving profitability; and
(2) conduct a program of research designed to resolve any unanswered questions regarding the advantages and disadvantages of conservation tillage over other soil conservation practices.
(Pub. L. 97–98, title XV, § 1553, Dec. 22, 1981, 95 Stat. 1345.)
16 U.S.C. § 3473 (CONSERVATION)
§ 3473. Regulations
The Secretary of Agriculture shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.
(Pub. L. 97–98, title XV, § 1554, Dec. 22, 1981, 95 Stat. 1345.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title XV of Pub. L. 97–98, Dec. 22, 1981, 95 Stat. 1328, which enacted this chapter and sections 2272 and 2273 and chapter 73 (§ 4201 et seq.) of Title 7, Agriculture, amended sections 1002 to 1005 of this title, section 1010 of Title 7, section 714b of Title 15, Commerce and Trade, and section 1236 of Title 30, Mineral Lands and Mining, and enacted a provision set out as a note under section 2272 of Title 7.
16 U.S.C. § 3474 (CONSERVATION)
§ 3474. Conservation incentives landowner education program
(a) In general
Not later than 1 year after March 12, 2019, the Secretary shall establish a conservation incentives landowner education program (referred to in this section as the “program”).
(b) Purpose of program
The program shall provide information on Federal conservation programs available to landowners interested in undertaking conservation actions on the land of the landowners, including options under each conservation program available to achieve the conservation goals of the program, such as—
(1) fee title land acquisition;
(2) donation; and
(3) perpetual and term conservation easements or agreements.
(c) Availability
The Secretary shall ensure that the information provided under the program is made available to—
(1) interested landowners; and
(2) the public.
(d) Notification
In any case in which the Secretary contacts a landowner directly about participation in a Federal conservation program, the Secretary shall, in writing—
(1) notify the landowner of the program; and
(2) make available information on the conservation program options that may be available to the landowner.
(Pub. L. 116–9, title III, § 3002, Mar. 12, 2019, 133 Stat. 756.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of title XV of the Agriculture and Food Act of 1981 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of this title.
16 U.S.C. § 3506 (CONSERVATION)
§ 3506. Certification of compliance
(a) Regulations
Not later than 1 year after November 25, 2024, the head of each Federal agency affected by this chapter shall revise or issue regulations and guidance as necessary to ensure compliance with the provisions of this chapter.
(b) Certification
The head of each Federal agency affected by this chapter shall report and certify that each such agency is in compliance with the provisions of this chapter. Such reports and certifications shall be submitted annually to the Committees and the Secretary.
(Pub. L. 97–348, § 7, Oct. 18, 1982, 96 Stat. 1657; Pub. L. 101–591, § 14, Nov. 16, 1990, 104 Stat. 2941; Pub. L. 118–117, title I, § 105(a), Nov. 25, 2024, 138 Stat. 1612.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (a). Pub. L. 118–117 amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 12 months after November 16, 1990, the head of each Federal agency affected by this chapter shall promulgate regulations to assure compliance with the provisions of this chapter.”
1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: “The Director of the Office of Management and Budget shall, on behalf of each Federal agency concerned, make written certification that each such agency has complied with the provisions of this chapter during each fiscal year beginning after September 30, 1982. Such certification shall be submitted on an annual basis to the House of Representatives and the Senate pursuant to the schedule required under the Congressional Budget and Impoundment Control Act of 1974.”
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annually submitting reports and certifications to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 42 of House Document No. 103–7.
16 U.S.C. § 3507 (CONSERVATION)
§ 3507. Priority of laws
Nothing contained in this chapter shall be construed as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a political subdivision of a State, or to relieve any person of any obligation imposed by any law of any State, or political subdivision of a State. No provision of this chapter shall be construed to invalidate any provision of State or local law unless there is a direct conflict between such provision and the law of the State, or political subdivision of the State, so that the two cannot be reconciled or consistently stand together. This chapter shall in no way be interpreted to interfere with a State’s right to protect, rehabilitate, preserve, and restore lands within its established boundary.
(Pub. L. 97–348, § 8, Oct. 18, 1982, 96 Stat. 1658.)
16 U.S.C. § 3508 (CONSERVATION)
§ 3508. Separability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Pub. L. 97–348, § 9, Oct. 18, 1982, 96 Stat. 1658.)
16 U.S.C. § 3509 (CONSERVATION)
§ 3509. Repealed. Pub. L. 106–514, § 4(a)(3), Nov. 13, 2000, 114 Stat. 2396
text: Section, Pub. L. 97–348, § 10, Oct. 18, 1982, 96 Stat. 1658; Pub. L. 106–167, § 3(c)(4), Dec. 9, 1999, 113 Stat. 1804, required report to Congress before the close of the 3-year period beginning on Oct. 18, 1982.
16 U.S.C. § 3510 (CONSERVATION)
§ 3510. Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this chapter—
(1) $2,000,000 for each of fiscal years 2006 through 2010; and
(2) $1,962,000 for each of fiscal years 2025 through 2031.
(Pub. L. 97–348, § 10, formerly § 12, Oct. 18, 1982, 96 Stat. 1659; Pub. L. 101–591, § 13(a), Nov. 16, 1990, 104 Stat. 2941; Pub. L. 103–461, § 1(c), Nov. 2, 1994, 108 Stat. 4804; renumbered § 10 and amended Pub. L. 106–514, § 5, Nov. 13, 2000, 114 Stat. 2396; Pub. L. 109–226, § 5, May 25, 2006, 120 Stat. 384; Pub. L. 118–117, title I, § 107, Nov. 25, 2024, 138 Stat. 1613.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 10 of Pub. L. 97–348 was classified to section 3509 of this title prior to repeal by Pub. L. 106–514.
heading: Amendments
text: 2024—Pub. L. 118–117 amended section generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary to carry out this chapter $2,000,000 for each of fiscal years 2006 through 2010.”
2006—Pub. L. 109–226 substituted “2006 through 2010” for “2001, 2002, 2003, 2004, and 2005”.
2000—Pub. L. 106–514 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to the Secretary for carrying out this chapter $2,000,000 for each of fiscal years 1995 to 1998.”
1994—Pub. L. 103–461 amended section generally. Prior to amendment, section read as follows: “There is authorized to be appropriated to the Secretary for carrying out this chapter not more than $1,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993.”
1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: “There is authorized to be appropriated to the Department of the Interior $1,000,000 for the period beginning October 1, 1982, and ending September 30, 1985, for purposes of carrying out sections 3503 and 3509 of this title.”
16 U.S.C. § 3601 (CONSERVATION)
§ 3601. Definitions
As used in this chapter, the term—
(1) “Act of 1976” means the Act entitled “An Act to provide for the conservation and management of the fisheries, and for other purposes”, approved April 13, 1976 (16 U.S.C. 1801 et seq.);
(2) “Commission” means any of the Commissions of the Organization that are established by the Convention;
(3) “Commissioner” means a United States Commissioner appointed under section 3602 of this title;
(4) “Convention” means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;
(5) “Council” means the Council established by the Convention;
(6) “fishing” has the same meaning as such term has in section 3(10) 1 of the Act of 1976 (16 U.S.C. 1802(10));
(7) “Organization” means the North Atlantic Salmon Conservation Organization established under the Convention;
(8) “person” has the same meaning as such term has in section 3(19) 1 of the Act of 1976 (16 U.S.C. 1802(19)); and
(9) “salmon” means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude.
(Pub. L. 97–389, title III, § 302, Dec. 29, 1982, 96 Stat. 1951.)
heading: Editorial Notes
heading: References in Text
text: An Act to provide for the conservation and management of the fisheries, and for other purposes, approved April 13, 1976 (16 U.S.C. 1801 et seq.), referred to in par. (1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
Section 3 of the Act of 1976 (16 U.S.C. 1802), referred to in pars. (6) and (8), was subsequently amended, and section 3(10) and (19) no longer defines the terms “fishing” and “person”. However, such terms are defined elsewhere in that section.
heading: Codification
text: Section 3602 of this title, referred to in par. (3), was in the original “section 403 of this title”, meaning section 403 of title III of Pub. L. 97–389, and has been translated as section 3602 of this title, section 303 of title III of Pub. L. 97–389, as the probable intent of Congress, because title III of Pub. L. 97–389 does not contain a section 403 and section 3602 of this title relates to appointment of a United States Commissioner.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 97–389, § 1, Dec. 29, 1982, 96 Stat. 1949, provided: “That this Act [enacting this chapter, amending sections 779b, 1034, and 1401 of this title and sections 688 and 883 of Title 46, Appendix, Shipping, and enacting provisions set out as notes under section 1823 of this title and section 688 of Title 46, Appendix] may be cited as the ‘Fisheries Amendments of 1982’.”
Pub. L. 97–389, title III, § 301, Dec. 29, 1982, 96 Stat. 1951, provided that: “This title [enacting this chapter] may be cited as the ‘Atlantic Salmon Convention Act of 1982’.”
16 U.S.C. § 3602 (CONSERVATION)
§ 3602. United States representation on Council and Commissions
(a) Appointment and qualifications of Commissioners
The United States shall be represented on the Council and Commissions by three United States Commissioners to be appointed by the President to serve at his pleasure. Of such Commissioners, one shall be an official of the United States Government, and two shall be individuals (not officials of the United States Government) who are knowledgeable or experienced concerning the conservation and management of salmon of United States origin.
(b) Alternate Commissioners
The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of the Interior, may designate alternate United States Commissioners. In the absence of a Commissioner appointed under subsection (a) of this section, an alternate Commissioner may exercise at any meeting of the Organization, the Council, or any Commission all functions of such Commissioner.
(c) Limited Federal employee status
Individuals who serve as Commissioners and alternate Commissioners shall not receive any compensation for such service. Such individuals shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
(d) Consultation with other parties
In carrying out their functions under the Convention, the Commissioners may consult with the appropriate Regional Fishery Management Councils established by section 302 of the Act of 1976 (16 U.S.C. 1852), and may consult with such other interested parties as they consider appropriate. Chapter 10 of title 5 shall not apply to consultations described in this subsection.
(Pub. L. 97–389, title III, § 303, Dec. 29, 1982, 96 Stat. 1952; Pub. L. 98–44, title I, § 102(1), July 12, 1983, 97 Stat. 216; Pub. L. 117–286, § 4(a)(117), Dec. 27, 2022, 136 Stat. 4318.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (d). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App. et seq.)”.
1983—Subsec. (c). Pub. L. 98–44 substituted “shall not be considered” for “shall be considered”.
16 U.S.C. § 3603 (CONSERVATION)
§ 3603. Receipt of Organization communications by Secretary of State
(a) Concurrence with Secretaries of Commerce and the Interior on regulatory measures; action on other matters
The Secretary of State may—
(1) receive, on behalf of the United States, reports, requests, recommendations, proposals, and other communications of the Organization and its subsidiary organs;
(2) with the concurrence of the Secretary of Commerce and the Secretary of the Interior, approve, object to, or withdraw objections to regulatory measures proposed in accordance with the Convention; and
(3) act upon, or refer to other appropriate authority, any communication referred to in paragraph (1) of this subsection other than a proposed regulatory measure.
(b) Submission to President on failure of concurrence on regulatory matters
If the concurrence required under subsection (a)(2) of this section has not been obtained by the Secretary of State—
(1) regarding the approval of, or the objection to, a proposed regulatory measure within forty-five days after the measure was received on behalf of the United States; or
(2) regarding the withdrawal of an objection of the United States to a proposed regulatory measure within forty-five days after such withdrawal is proposed by the Secretary of State;
the Secretary of State shall submit the matter in disagreement, together with a statement of the opposing positions, to the President for timely disposition.
(Pub. L. 97–389, title III, § 304, Dec. 29, 1982, 96 Stat. 1952.)
16 U.S.C. § 3604 (CONSERVATION)
§ 3604. Regulations and reports
(a) Promulgation of regulations; implementation; applicability
The Secretary of Commerce, in cooperation with the Secretary of the Interior and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations pursuant to section 553 of title 5 as may be necessary to carry out the purposes and objectives of the Convention and this chapter, and to implement regulatory measures that are binding on the United States under the Convention. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located.
(b) Preparation and submission of reports by certain Secretaries
The Secretary of Commerce, in cooperation with the Secretary of the Interior, shall prepare all statements, reports, and notifications, required by articles 14 and 15 of the Convention and submit such documents to the Secretary of State for transmission to the Organization.
(Pub. L. 97–389, title III, § 305, Dec. 29, 1982, 96 Stat. 1953.)
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.