dreamproit/uscode huggingface dataset:
16 U.S.C. § 3454 (CONSERVATION)
§ 3454. Powers of the Secretary
(a) In general
In carrying out this subchapter, the Secretary may—
(1) provide technical assistance to any council to assist in developing and implementing an area plan for a designated area;
(2) cooperate with other departments and agencies of the Federal Government, States, local units of government, local Indian tribes, and local nonprofit organizations in conducting surveys and inventories, disseminating information, and developing area plans;
(3) assist in carrying out an area plan approved by the Secretary for any designated area by providing technical assistance and financial assistance to any council; and
(4) enter into agreements with councils in accordance with section 3455 of this title.
(b) Coordinator
(1) In general
To improve the provision of technical assistance to councils under this subchapter, the Secretary shall designate for each council an individual to be the coordinator for the council.
(2) Responsibility
A coordinator for a council shall be directly responsible for the provision of technical assistance to the council.
(Pub. L. 97–98, title XV, § 1531, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272; amended Pub. L. 110–234, title II, § 2805(c), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2805(c), June 18, 2008, 122 Stat. 1664, 1816.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 3454, Pub. L. 97–98, title XV, § 1531, Dec. 22, 1981, 95 Stat. 1339, related to selection of designated areas for assistance, prior to the general amendment of this subchapter by Pub. L. 107–171.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2805(c), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 2008 Amendment
text: Amendment 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. § 3455 (CONSERVATION)
§ 3455. Eligibility; terms and conditions
(a) Eligibility
Technical assistance and financial assistance may be provided by the Secretary under this subchapter to any council to assist in carrying out a project specified in an area plan approved by the Secretary only if—
(1) the council agrees in writing—
(A) to carry out the project; and
(B) to finance or arrange for financing of any portion of the cost of carrying out the project for which financial assistance is not provided by the Secretary under this subchapter;
(2) the project is included in an area plan and is approved by the council;
(3) the Secretary determines that assistance is necessary to carry out the area plan;
(4) the project provided for in the area plan is consistent with any comprehensive plan for the area;
(5) the cost of the land or an interest in the land acquired or to be acquired under the plan by any State, local unit of government, Indian tribe, or local nonprofit organization is borne by the State, local unit of government, Indian tribe, or local nonprofit organization, respectively; and
(6) the State, local unit of government, Indian tribe, or local nonprofit organization participating in the area plan agrees to maintain and operate the project.
(b) Loans
(1) In general
Subject to paragraphs (2) and (3), a loan made under this subchapter shall be made on such terms and conditions as the Secretary may prescribe.
(2) Term
A loan for a project made under this subchapter shall have a term of not more than 30 years after the date of completion of the project.
(3) Interest rate
A loan made under this subchapter shall bear interest at the average rate of interest paid by the United States on obligations of a comparable term, as determined by the Secretary of the Treasury.
(c) Approval by Secretary
Technical assistance and financial assistance under this subchapter may not be made available to a council to carry out an area plan unless the area plan has been submitted to and approved by the Secretary.
(d) Withdrawal
The Secretary may withdraw technical assistance and financial assistance with respect to any area plan if the Secretary determines that the assistance is no longer necessary or that sufficient progress has not been made toward developing or implementing the elements of the area plan.
(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)
heading: Prior Provisions
text: A prior section 3455, Pub. L. 97–98, title XV, § 1532, Dec. 22, 1981, 95 Stat. 1339, related to authority of the Secretary to carry out provisions of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107–171.
16 U.S.C. § 3456 (CONSERVATION)
§ 3456. Resource Conservation and Development Policy Advisory Board
(a) Establishment
The Secretary shall establish within the Department of Agriculture a Resource Conservation and Development Policy Advisory Board.
(b) Composition
(1) In general
The Board shall be composed of at least 7 employees of the Department of Agriculture selected by the Secretary.
(2) Chairperson
A member of the Board shall be designated by the Secretary to serve as chairperson of the Board.
(c) Duties
The Board shall advise the Secretary regarding the administration of this subchapter, including the formulation of policies for carrying out this subchapter.
(Pub. L. 97–98, title XV, § 1533, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 273.)
heading: Prior Provisions
text: A prior section 3456, Pub. L. 97–98, title XV, § 1533, Dec. 22, 1981, 95 Stat. 1339, related to technical and financial assistance to carry out specified works of improvement, prior to the general amendment of this subchapter by Pub. L. 107–171.
heading: Termination of Advisory Boards
text: Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
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: 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: 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: 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: 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: 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: 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. § 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: 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. § 3504 (CONSERVATION)
§ 3504. Limitations on Federal expenditures affecting the System
(a) Construction or purchase of structure, facility, road, airport, etc.; projects to prevent erosion; exceptions
Except as provided in section 3505 of this title, no new expenditures or new financial assistance may be made available under authority of any Federal law for any purpose within the System, including, but not limited to—
(1) the construction or purchase of any structure, appurtenance, facility, or related infrastructure;
(2) the construction or purchase of any road, airport, boat landing facility, or other facility on, or bridge or causeway to, any System unit; and
(3) the carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area, except that such assistance and expenditures may be made available on units designated pursuant to section 3503 of this title on maps numbered S01 through S08 and LA07 for purposes other than encouraging development and, in all units, in cases where an emergency threatens life, land, and property immediately adjacent to that unit.
(b) New expenditures or new financial assistance
An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, be a new expenditure or new financial assistance if—
(1) in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before the date on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990; or
(2) no legally binding commitment for the expenditure or financial assistance was made before such date.
(Pub. L. 97–348, § 5, Oct. 18, 1982, 96 Stat. 1656; Pub. L. 101–591, §§ 2(b)(2), 5(c), Nov. 16, 1990, 104 Stat. 2931, 2936.)
heading: References in Text
text: The Coastal Barrier Improvement Act of 1990, referred to in subsec. (b)(1), is Pub. L. 101–591, Nov. 16, 1990, 104 Stat. 2931, which enacted section 1441a–3 of Title 12, Banks and Banking, amended sections 3502 to 3506 and 3510 of this title and section 4028 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under section 3503 of this title, and repealed provisions set out as a note under section 3505 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 3501 of this title and Tables.
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–591, § 2(b)(2)(A), in introductory provisions substituted “the System” for “the Coastal Barrier Resources System”.
Subsec. (a)(3). Pub. L. 101–591, § 5(c), substituted “through S08 and LA07” for “through S08”.
Subsec. (b)(1). Pub. L. 101–591, § 2(b)(2)(B), substituted “on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990” for “of the enactment of this Act”.
Subsec. (b)(2). Pub. L. 101–591, § 2(b)(2)(C), struck out “of enactment” after “before such date”.
16 U.S.C. § 3506 (CONSERVATION)
§ 3506. Certification of compliance
(a) Regulations
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.
(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.)
heading: Amendments
text: 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: 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. § 3510 (CONSERVATION)
§ 3510. Authorization of appropriations
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.
(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.)
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: 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: 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, as amended, 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: 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’.”