dreamproit/uscode huggingface dataset:
16 U.S.C. § 1725a (CONSERVATION)
§ 1725a. Direct hire authority
(1) During fiscal year 2012 and thereafter, the Secretary (as defined in section 1722 of this title) may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate described in paragraph (2) directly to a position for which the candidate meets Office of Personnel Management qualification standards.
(2) Paragraph (1) applies with respect to a former resource assistant (as defined in section 1722 of this title) who—
(A) completed a rigorous undergraduate or graduate summer internship with the Secretary (as so defined), such as the National Park Service Business Plan Internship;
(B) successfully fulfilled the requirements of the internship program; and
(C) subsequently earned an undergraduate or graduate degree from an accredited institution of higher education.
(3) The direct hire authority under this section may not be exercised with respect to a specific qualified candidate after the end of the two-year period beginning on the date on which the candidate completed the undergraduate or graduate degree, as the case may be.
(Pub. L. 112–74, div. E, title I, § 121(a), Dec. 23, 2011, 125 Stat. 1012; Pub. L. 116–9, title IX, § 9003(d)(2), Mar. 12, 2019, 133 Stat. 834.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Public Lands Corps Act of 1993 which comprises this subchapter.
heading: Amendments
text: 2019—Par. (1). Pub. L. 116–9, § 9003(d)(2)(A), substituted “Secretary (as defined in section 1722 of this title)” for “Secretary of the Interior” and “paragraph (2)” for “paragraph (1)” and struck out “with a land managing agency of the Department of the Interior” after “position”.
Par. (2)(A). Pub. L. 116–9, § 9003(d)(2)(B), substituted “with the Secretary (as so defined)” for “with a land managing agency”.
16 U.S.C. § 1725b (CONSERVATION)
§ 1725b. Forest Service hire authority
(a) In general
The Secretary of Agriculture may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate described in subsection (b) directly to a position with the Department of Agriculture, Forest Service for which the candidate meets Office of Personnel Management qualification standards.
(b) Qualifications
Subsection (a) applies to a former resource assistant (as defined in section 203 of the Public Land Corps Act 1 (16 U.S.C. 1722)) who—
(1) completed a rigorous internship with a land managing agency, such as the Forest Service Resource Assistant Program;
(2) successfully fulfilled the requirements of the internship program; and
(3) earned an undergraduate or graduate degree from an accredited institution of higher education (as defined in section 1001 of title 20).
(c) Limitation
The direct hire authority under this section may not be exercised with respect to a specific qualified candidate after the end of the 2-year period beginning on the date on which the candidate completed the undergraduate or graduate degree, as the case may be, or has successfully fulfilled the requirements of the internship program, whichever is later.
(Pub. L. 115–334, title XII, § 12518, Dec. 20, 2018, 132 Stat. 5001.)
heading: Editorial Notes
heading: References in Text
text: Section 203 of the Public Land Corps Act, referred to in subsec. (b), probably means section 203 of the Public Lands Corps Act of 1993, title II of Pub. L. 91–378, which is classified to section 1722 of this title.
heading: Codification
text: Section was enacted as part of the Agriculture Improvement Act of 2018 and not as part of the Public Lands Corps Act of 1993 which comprises this subchapter.
16 U.S.C. § 1727 (CONSERVATION)
§ 1727. National service educational awards
(a) Educational benefits and awards
If a participant in the Public Lands Corps or a resource assistant also serves in an approved national service position designated under subtitle C of title I of the National and Community Service Act of 1990 [42 U.S.C. 12571 et seq.], the participant or resource assistant shall be eligible for a national service educational award in the manner prescribed in subtitle D of such title [42 U.S.C. 12601 et seq.] upon successfully complying with the requirements for the award. The period during which the national service educational award may be used, the purposes for which the award may be used, and the amount of the award shall be determined as provided under such subtitle.
(b) Forbearance in collection of Stafford loans
For purposes of section 1078 of title 20, in the case of borrowers who are either participants in the Corps or resource assistants, upon written request, a lender shall grant a borrower forbearance on such terms as are otherwise consistent with the regulations of the Secretary of Education, during periods in which the borrower is serving as such a participant or a resource assistant.
(Pub. L. 91–378, title II, § 208, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853.)
heading: Editorial Notes
heading: References in Text
text: The National and Community Service Act of 1990, referred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitles C and D of title I of the Act are classified generally to divisions C (§ 12571 et seq.) and D (§ 12601 et seq.), respectively, of subchapter I of chapter 129 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of this title.
16 U.S.C. § 1727a (CONSERVATION)
§ 1727a. Reporting and data collection
(a) Report
Not later than 2 years after March 12, 2019, and annually thereafter, the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the Secretaries, shall submit to Congress a report that includes data on the Corps, including—
(1) the number of participants enrolled in the Corps and the length of the term of service for each participant;
(2) the projects carried out by Corps participants, categorized by type of project and Federal agency;
(3) the total amount and sources of funding provided for the service of participants;
(4) the type of service performed by participants and the impact and accomplishments of the service; and
(5) any other similar data determined to be appropriate by the Chief Executive Officer of the Corporation for National and Community Service or the Secretaries.
(b) Data
Not later than 1 year after March 12, 2019, and annually thereafter, the Secretaries shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in subsection (a).
(c) Data collection
The Chief Executive Officer of the Corporation for National and Community Service may coordinate with qualified youth or conservation corps to improve the collection of the required data described in subsection (a).
(d) Coordination
(1) In general
The Secretaries shall, to the maximum extent practicable, coordinate with each other to carry out activities authorized under this subchapter, including—
(A) the data collection and reporting requirements of this section; and
(B) implementing and issuing guidance on eligibility for noncompetitive hiring status under section 1726(d) of this title.
(2) Designation of coordinators
The Secretary shall designate a coordinator to coordinate and serve as the primary point of contact for any activity of the Corps carried out by the Secretary.
(Pub. L. 91–378, title II, § 209, as added Pub. L. 116–9, title IX, § 9003(f)(2), Mar. 12, 2019, 133 Stat. 835.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (d)(1), was in the original “this Act”, and was translated as reading “this title”, meaning title II of Pub. L. 91–378, known as the Public Lands Corps Act of 1993, to reflect the probable intent of Congress.
heading: Prior Provisions
text: A prior section 209 of Pub. L. 91–378 was renumbered section 211 and is classified to section 1728 of this title.
16 U.S.C. § 1727b (CONSERVATION)
§ 1727b. Indian Youth Service Corps
(a) In general
There is established within the Public Lands Corps a program to be known as the “Indian Youth Service Corps” that—
(1) enrolls participants between the ages of 16 and 30, inclusive, and veterans age 35 or younger, a majority of whom are Indians;
(2) is established pursuant to an agreement between an Indian tribe and a qualified youth or conservation corps for the benefit of the members of the Indian tribe; and
(3) carries out appropriate conservation projects on eligible service land.
(b) Authorization of cooperative agreements
The Secretary may enter into cooperative agreements with Indian tribes and qualified youth or conservation corps for the establishment and administration of the Indian Youth Service Corps.
(c) Guidelines
Not later than 18 months after March 12, 2019, the Secretary of the Interior, in consultation with Indian tribes, shall issue guidelines for the management of the Indian Youth Service Corps, in accordance with this subchapter and any other applicable Federal laws.
(Pub. L. 91–378, title II, § 210, as added Pub. L. 116–9, title IX, § 9003(g), Mar. 12, 2019, 133 Stat. 835.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (c), was in the original “this Act”, and was translated as reading “this title”, meaning title II of Pub. L. 91–378, known as the Public Lands Corps Act of 1993, to reflect the probable intent of Congress.
heading: Prior Provisions
text: A prior section 210 of Pub. L. 91–379 was renumbered section 212 and is classified to section 1729 of this title.
16 U.S.C. § 1728 (CONSERVATION)
§ 1728. Nondisplacement
The nondisplacement requirements of section 12637 of title 42 shall be applicable to all activities carried out by the Public Lands Corps, to all activities carried out under this subchapter by a qualified youth or conservation corps, and to the selection and service of resource assistants.
(Pub. L. 91–378, title II, § 211, formerly § 209, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853; renumbered § 211, Pub. L. 116–9, title IX, § 9003(f)(1), Mar. 12, 2019, 133 Stat. 835.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 211 of Pub. L. 91–378 was renumbered section 213 and is classified to section 1730 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of this title.
16 U.S.C. § 1729 (CONSERVATION)
§ 1729. Funding
(a) Cost sharing
(1) Projects by qualified youth or conservation corps
The Secretary is authorized to pay not more than 75 percent of the costs of any appropriate conservation project carried out pursuant to this subchapter on public lands by a qualified youth or conservation corps. The remaining 25 percent of the costs of such a project may be provided from nonfederal sources in the form of funds, services, facilities, materials, equipment, or any combination of the foregoing. No cost sharing shall be required in the case of any appropriate conservation project carried out on Indian lands or Hawaiian home lands under this subchapter.
(2) Public Lands Corps projects
The Secretary is authorized to accept donations of funds, services, facilities, materials, or equipment for the purposes of operating the Public Lands Corps and carrying out appropriate conservation projects by the Corps. However, nothing in this subchapter shall be construed to require any cost sharing for any project carried out directly by the Corps.
(b) Funds available under National and Community Service Act
In order to carry out the Public Lands Corps or to support resource assistants and qualified youth or conservation corps under this subchapter, the Secretary shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act of 1990 [42 U.S.C. 12571(b)].
(c) Other funds
Amounts appropriated pursuant to the authorization of appropriations under section 1730 of this title are in addition to amounts allocated to the Public Lands Corps through other Federal programs or projects.
(Pub. L. 91–378, title II, § 212, formerly § 210, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853; amended Pub. L. 109–154, § 2(f)(1), (g)(4), Dec. 30, 2005, 119 Stat. 2892, 2893; renumbered § 212 and amended Pub. L. 116–9, title IX, § 9003(f)(1), (3), Mar. 12, 2019, 133 Stat. 835.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (c). Pub. L. 116–9, § 9003(f)(3), made technical amendment to reference in original act which appears in text as reference to section 1730 of this title.
2005—Subsec. (a). Pub. L. 109–154, § 2(g)(4)(A), substituted “Secretary is” for “Secretary of the Interior and the Secretary of Agriculture are each” in pars. (1) and (2).
Subsec. (b). Pub. L. 109–154, § 2(g)(4)(B), substituted “Secretary” for “Secretary of the Interior and the Secretary of Agriculture”.
Subsec. (c). Pub. L. 109–154, § 2(f)(1), added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of this title.
16 U.S.C. § 1730 (CONSERVATION)
§ 1730. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this subchapter $12,000,000 for each fiscal year, of which $8,000,000 is authorized to carry out priority projects and $4,000,000 of which is authorized to carry out other appropriate conservation projects.
(b) Disaster relief or prevention projects
Notwithstanding subsection (a), any amounts made available under that subsection shall be available for disaster prevention or relief projects.
(c) Availability of funds
Notwithstanding any other provision of law, amounts appropriated for any fiscal year to carry out this subchapter shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which the amounts are appropriated.
(Pub. L. 91–378, title II, § 213, formerly § 211, as added Pub. L. 109–154, § 2(f)(2), Dec. 30, 2005, 119 Stat. 2892; renumbered § 213, Pub. L. 116–9, title IX, § 9003(f)(1), Mar. 12, 2019, 133 Stat. 835.)
16 U.S.C. § 1803 (CONSERVATION)
§ 1803. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the provisions of this chapter—
(1) $337,844,000 for fiscal year 2007;
(2) $347,684,000 for fiscal year 2008;
(3) $357,524,000 for fiscal year 2009;
(4) $367,364,000 for fiscal year 2010;
(5) $377,204,000 for fiscal year 2011;
(6) $387,044,000 for fiscal year 2012; and
(7) $396,875,000 for fiscal year 2013.
(Pub. L. 94–265, § 4, as added Pub. L. 104–297, title I, § 103, Oct. 11, 1996, 110 Stat. 3563; amended Pub. L. 109–479, § 7, Jan. 12, 2007, 120 Stat. 3579.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning 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 this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
heading: Amendments
text: 2007—Pub. L. 109–479 reenacted section catchline without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2007 to 2013 for provisions authorizing appropriations for fiscal years 1996 to 1999.
16 U.S.C. § 1813 (CONSERVATION)
§ 1813. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 94–265, title I, § 103, Apr. 13, 1976, 90 Stat. 336, which related to exclusion of highly migratory species of fish from exclusive fishery management authority, was omitted in the general revision of this subchapter by section 101(b) of Pub. L. 99–659. See section 1812 of this title.
16 U.S.C. § 1826b (CONSERVATION)
§ 1826b. Duration of denial of port privileges and sanctions
Any denial of port privileges or sanction under section 1826a of this title with respect to a nation shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Congress that such nation has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d) 1 or 1826k(c) of this title.
(Pub. L. 102–582, title I, § 102, Nov. 2, 1992, 106 Stat. 4903; Pub. L. 109–479, title IV, § 403(b)(2), Jan. 12, 2007, 120 Stat. 3632; Pub. L. 114–81, title I, § 102(b), Nov. 5, 2015, 129 Stat. 656.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Amendments
text: 2015—Pub. L. 114–81 struck out “or illegal, unreported, or unregulated fishing” after “driftnet fishing” and inserted “or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d) or 1826j(c) of this title” before period at end.
2007—Pub. L. 109–479 inserted “or illegal, unreported, or unregulated fishing” after “driftnet fishing”.
16 U.S.C. § 1826c (CONSERVATION)
§ 1826c. Definitions
In sections 1826a to 1826c of this title, the following definitions apply:
(1) Fish and fish products
The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by fishing vessels of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof.
(2) Large-scale driftnet fishing
(A) In general
Except as provided in subparagraph (B), the term “large-scale driftnet fishing” means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
(B) Exception
Until January 1, 1994, the term “large-scale driftnet fishing” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community.
(3) Large-scale driftnet fishing vessel
The term “large-scale driftnet fishing vessel” means any vessel which is—
(A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or
(B) used for aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing, including preparation, supply, storage, refrigeration, transportation, or processing.
(Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106 Stat. 4903.)
heading: Editorial Notes
heading: References in Text
text: Sections 1826a to 1826c of this title, referred to in text, was in the original “this title”, meaning title I of Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c of this title and amended section 1371 of this title. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
16 U.S.C. § 1826d (CONSERVATION)
§ 1826d. Prohibition
The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
(Pub. L. 104–43, title VI, § 603, Nov. 3, 1995, 109 Stat. 392.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Congressional Findings
text: Pub. L. 104–43, title VI, § 602, Nov. 3, 1995, 109 Stat. 391, provided that:
“The Congress finds that—
“(1) Congress has enacted and the President has signed into law numerous Acts to control or prohibit large-scale driftnet fishing both within the jurisdiction of the United States and beyond the exclusive economic zone of any nation, including the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (title IV, Public Law 100–220) [16 U.S.C. 1822 note], the Driftnet Act Amendments of 1990 (Public Law 101–627) [16 U.S.C. 1826], and the High Seas Driftnet Fisheries Enforcement Act (title I, Public Law 102–582) [see Short Title of 1992 Amendment note set out under section 1801 of this title];
“(2) the United States is a party to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, also known as the Wellington Convention;
“(3) the General Assembly of the United Nations has adopted three resolutions and three decisions which established and reaffirm a global moratorium on large-scale driftnet fishing on the high seas, beginning with Resolution 44/225 in 1989 and most recently in Decision 48/445 in 1993;
“(4) the General Assembly of the United Nations adopted these resolutions and decisions at the request of the United States and other concerned nations;
“(5) the best scientific information demonstrates the wastefulness and potentially destructive impacts of large-scale driftnet fishing on living marine resources and seabirds; and
“(6) Resolution 46/215 of the United Nations General Assembly calls on all nations, both individually and collectively, to prevent large-scale driftnet fishing on the high seas.”
16 U.S.C. § 1826e (CONSERVATION)
§ 1826e. Negotiations
The Secretary of State, on behalf of the United States, shall seek to enhance the implementation and effectiveness of the United Nations General Assembly resolutions and decisions regarding the moratorium on large-scale driftnet fishing on the high seas through appropriate international agreements and organizations.
(Pub. L. 104–43, title VI, § 604, Nov. 3, 1995, 109 Stat. 392.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.