dreamproit/uscode huggingface dataset:
16 U.S.C. § 4503d (CONSERVATION)
§ 4503d. Definitions
As used in this chapter (unless the context otherwise requires):
(1) Institutes of Tropical Forestry
The term “Institutes of Tropical Forestry” means the Institute of Tropical Forestry in Puerto Rico and the Institute of Pacific Islands Forestry established under section 6706 of title 7.
(2) Secretary
The term “Secretary” means the Secretary of Agriculture.
(3) State
The term “State” means each of the 50 States, Guam, American Samoa, the Republic of Palau (until the Compact of Free Association enters into effect), Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 101–513, title VI, § 608, as added Pub. L. 102–574, § 2(a)(2), Oct. 29, 1992, 106 Stat. 4595.)
heading: References in Text
text: For Oct. 1, 1994, as the date the Compact of Free Association with the Republic of Palau enters into effect, referred to in par. (3), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.
16 U.S.C. § 4601 (CONSERVATION)
§ 4601. Establishment of Take Pride in America Program
(a) In general
There is hereby established the Take Pride in America Program within the Department of the Interior (hereinafter referred to as the “TPIA Program”).
(b) Purposes
The purposes of the TPIA Program shall include the following:
(1) To establish and maintain a public awareness campaign in cooperation with public and private organizations and individuals—
(A) to instill in the public the importance of the appropriate use of, and appreciation for Federal, State, and local lands, facilities, and natural and cultural resources;
(B) to encourage an attitude of stewardship and responsibility toward these lands, facilities, and resources; and
(C) to promote participation by individuals, organizations, and communities of a conservation ethic in caring for these lands, facilities, and resources.
(2) To conduct a national awards program to honor those individuals and entities which, in the opinion of the Secretary of the Interior (hereafter in this chapter referred to as the “Secretary”), have distinguished themselves in the activities described in paragraph (1) of this subsection.
(Pub. L. 101–628, title XI, § 1102, Nov. 28, 1990, 104 Stat. 4502.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(2), was in the original “this Act”, and was translated as reading “this title”, meaning title XI of Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4502, known as the Take Pride in America Act, which is classified generally to this chapter, to reflect the probable intent of Congress.
heading: Short Title
text: Pub. L. 101–628, title XI, § 1101, Nov. 28, 1990, 104 Stat. 4502, provided that: “This title [enacting this chapter] may be cited as the ‘Take Pride in America Act’.”
16 U.S.C. § 4713 (CONSERVATION)
§ 4713. Armed services ballast water programs
(a) Department of Defense vessels
Subject to operational conditions, the Secretary of Defense, in consultation with the Secretary, the Task Force, and the International Maritime Organization, shall implement a ballast water management program for seagoing vessels of the Department of Defense to minimize the risk of introduction of nonindigenous species from releases of ballast water.
(b) Coast Guard vessels
Subject to operational conditions, the Secretary, in consultation with the Task Force and the International Maritime Organization, shall implement a ballast water management program for seagoing vessels of the Coast Guard to minimize the risk of introduction of nonindigenous species from releases of ballast water.
(Pub. L. 101–646, title I, § 1103, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.)
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.
16 U.S.C. § 4725 (CONSERVATION)
§ 4725. Relationship to other laws
All actions taken by Federal agencies in implementing the provisions of section 4722 of this title shall be consistent with all applicable Federal, State, and local environmental laws. Nothing in this chapter shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the jurisdiction of any State over species of fish and wildlife. Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subchapter.
(Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables.
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1205, which enacted this section.
16 U.S.C. § 4726 (CONSERVATION)
§ 4726. International cooperation
(a) Advice
The Task Force shall provide timely advice to the Secretary of State concerning aquatic nuisance species that infest waters shared with other countries.
(b) Negotiations
The Secretary of State, in consultation with the Task Force, is encouraged to initiate negotiations with the governments of foreign countries concerning the planning and implementation of prevention, monitoring, research, education, and control programs related to aquatic nuisance species infesting shared water resources.
(Pub. L. 101–646, title I, § 1206, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1206, which enacted this section.
16 U.S.C. § 4727 (CONSERVATION)
§ 4727. Intentional introductions policy review
Within one year of November 29, 1990, the Task Force shall, in consultation with State fish and wildlife agencies, other regional, State and local entities, potentially affected industries and other interested parties, identify and evaluate approaches for reducing the risk of adverse consequences associated with intentional introduction of aquatic organisms and submit a report of their findings, conclusions and recommendations to the Congress.
(Pub. L. 101–646, title I, § 1207, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(g), (h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Amendments
text: 1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1207, which enacted this section.
Pub. L. 104–332, § 2(g), substituted “Congress” for “appropriate Committees”.
16 U.S.C. § 4728 (CONSERVATION)
§ 4728. Brown tree snake control program
The Task Force shall, within the program developed under subsection (a),1 undertake a comprehensive, environmentally sound program in coordination with regional, territorial, State and local entities to control the brown tree snake (Boiga irregularis) in Guam and other areas where the species is established outside of its historic range.
(Pub. L. 101–646, title I, § 1209, Nov. 29, 1990, 104 Stat. 4772; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1209, which enacted this section.
16 U.S.C. § 4751 (CONSERVATION)
§ 4751. Environmental impact analyses
The Secretary of State, in consultation with the Council on Environmental Quality, is encouraged to enter into negotiations with the governments of Canada and Mexico to provide for reciprocal cooperative environmental impact analysis of major Federal actions which have significant transboundary effects on the quality of the human environment in the United States, Canada, and Mexico.
(Pub. L. 101–646, title I, § 1401, Nov. 29, 1990, 104 Stat. 4773; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.)
heading: Amendments
text: 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1401, which enacted this section.
16 U.S.C. § 4801 to 4805 (CONSERVATION)
§§ 4801 to 4805. Omitted
heading: Codification
text: Sections 4801 to 4805 were omitted as expired pursuant to section 4807 of this title.
Section 4801, Pub. L. 102–335, § 2, Aug. 7, 1992, 106 Stat. 859, related to findings, purposes, and definitions.
Section 4802, Pub. L. 102–335, § 3, Aug. 7, 1992, 106 Stat. 860, related to Pacific yew conservation and management.
Section 4803, Pub. L. 102–335, § 4, Aug. 7, 1992, 106 Stat. 861, related to research regarding ecology of Pacific yew, development of alternative methods of procuring taxol, and propagation of species.
Section 4804, Pub. L. 102–335, § 5, Aug. 7, 1992, 106 Stat. 861, related to collection and sale of Pacific yew resources.
Section 4805, Pub. L. 102–335, § 6, Aug. 7, 1992, 106 Stat. 862, related to construction of chapter with other laws.
heading: Short Title
text: Pub. L. 102–335, § 1(a), Aug. 7, 1992, 106 Stat. 859, provided that Pub. L. 102–335 (this chapter) could be cited as the “Pacific Yew Act”.
16 U.S.C. § 4807 (CONSERVATION)
§ 4807. Omitted
heading: Codification
text: Section, Pub. L. 102–335, § 7, formerly § 8, Aug. 7, 1992, 106 Stat. 862; renumbered § 7 and amended Pub. L. 105–362, title IX, § 901(a)(2), Nov. 10, 1998, 112 Stat. 3289, provided that if the Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of the Interior concluded that quantities of taxol sufficient to satisfy medicinal demands were available from sources other than the Pacific yew, they were to jointly notify Congress, at which time the requirements of this chapter would expire. Such a conclusion was transmitted to Congress by the Secretaries in a letter dated Jan. 26, 1998.
A prior section 7 of Pub. L. 102–335 was classified to section 4806 of this title prior to repeal by Pub. L. 105–362.
16 U.S.C. § 4903 (CONSERVATION)
§ 4903. Definitions
In this chapter—
(1) The term “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as amended, signed in Washington on March 3, 1973, and the Appendices thereto.
(2) The term “exotic bird”—
(A) means any live or dead member of the class Aves that is not indigenous to the 50 States or the District of Columbia, including any egg or offspring thereof; and
(B) does not include—
(i) domestic poultry, dead sport-hunted birds, dead museum specimens, dead scientific specimens, or products manufactured from such birds; or
(ii) birds in the following families: Phasianidae, Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae, Rheidae, Dromaiinae, and Gruidae.
(3) Each of the terms “import” and “importation” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States.
(4) The term “person” means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.
(5) The term “qualifying facility” means an exotic bird breeding facility that is included in a list published by the Secretary under section 4906 of this title.
(6) The term “Secretary” means the Secretary of the Interior or a designee of the Secretary of the Interior.
(7) The term “species”—
(A) means any species, any subspecies, or any distinct population segment of a species or subspecies; and
(B) includes hybrids of any species or subspecies.
(8) The term “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(Pub. L. 102–440, title I, § 104, Oct. 23, 1992, 106 Stat. 2225.)
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. § 4905 (CONSERVATION)
§ 4905. List of approved species
(a) Listing
(1) In general
One year after October 23, 1992, and periodically thereafter, the Secretary shall, after notice and an opportunity for public comment, publish in the Federal Register a list of species of exotic birds that are listed in an Appendix to the Convention and that are not subject to a prohibition or suspension of importation otherwise applicable under section 4904(a), (b), or (c) of this title.
(2) Manner of listing
The Secretary shall list a species under paragraph (1) with respect to—
(A) the countries of origin from which the species may be imported; and
(B) if appropriate, the qualifying facilities in those countries from which the species may be imported.
(3) Bases for determinations
In making a determination required under this subsection, the Secretary shall—
(A) use the best scientific information available; and
(B) consider the adequacy of regulatory and enforcement mechanisms in all countries of origin for the species, including such mechanisms for control of illegal trade.
(b) Captive bred species
The Secretary shall include a species of exotic birds in the list under subsection (a) of this section if the Secretary determines that—
(1) the species is regularly bred in captivity and no wild-caught birds of the species are in trade; or
(2) the species is bred in a qualifying facility.
(c) Non-captive bred species
The Secretary shall include in the list under subsection (a) of this section a species of exotic birds that is listed in an Appendix to the Convention if the Secretary finds the Convention is being effectively implemented with respect to that species because of each of the following:
(1) Each country of origin for which the species is listed is effectively implementing the Convention, particularly with respect to—
(A) the establishment of a scientific authority or other equivalent authority;
(B) the requirements of Article IV of the Convention with respect to that species; and
(C) remedial measures recommended by the Parties to the Convention with respect to that species.
(2) A scientifically-based management plan for the species has been developed which—
(A) provides for the conservation of the species and its habitat and includes incentives for conservation;
(B) ensures that the use of the species is biologically sustainable and maintained throughout the range of the species in the country to which the plan applies at a level that is consistent with the role of the species in the ecosystem and is well above the level at which the species might become threatened with extinction; and
(C) addresses factors relevant to the conservation of the species, including illegal trade, domestic trade, subsistence use, disease, and habitat loss.
(3) The management plan is implemented and enforced.
(4) The methods of capture, transport, and maintenance of the species minimizes the risk of injury or damage to health, including inhumane treatment.
(Pub. L. 102–440, title I, § 106, Oct. 23, 1992, 106 Stat. 2227.)
16 U.S.C. § 4906 (CONSERVATION)
§ 4906. Qualifying facilities
(a) Determination
Upon submission of a petition under section 4909 of this title by any person, the Secretary shall determine whether an exotic bird breeding facility is a qualifying facility. Such determination shall be effective for a period specified by the Secretary, which may not exceed 3 years. The Secretary shall, from time to time, publish a list of qualifying facilities in the Federal Register.
(b) Criteria
The Secretary shall determine under subsection (a) of this section that a facility is a qualifying facility for a species of exotic birds if the Secretary finds each of the following:
(1) The facility has demonstrated the capability of producing captive bred birds of the species in the numbers to be imported into the United States from that facility.
(2) The facility is operated in a manner that is not detrimental to the survival of the species in the wild.
(3) The facility is operated in a humane manner.
(4) The appropriate governmental authority of the country in which the facility is located has certified in writing, and the Secretary is satisfied, that the facility has the capability of breeding the species in captivity.
(5) The country in which the facility is located is a Party to the Convention.
(6) All birds exported from the facility are bred at the facility.
(Pub. L. 102–440, title I, § 107, Oct. 23, 1992, 106 Stat. 2228.)
16 U.S.C. § 4907 (CONSERVATION)
§ 4907. Moratoria for species not covered by Convention
(a) In general
The Secretary shall—
(1) review periodically the trade in species of exotic birds that are not listed in any Appendix to the Convention; and
(2) after notice and an opportunity for public comment, establish a moratorium or quota on—
(A) importation of any species of exotic birds from one or more countries of origin for the species, if the Secretary determines that—
(i) the findings described in section 4905(c)(2), (3), and (4) of this title cannot be made with respect to the species; and
(ii) the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter; or
(B) the importation of all species of exotic birds from a particular country, if—
(i) the country has not developed and implemented a management program for exotic birds in trade generally, that ensures both the conservation and the humane treatment of exotic birds during capture, transport, and maintenance; and
(ii) the Secretary finds that the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter.
(b) Termination of quota or moratorium
The Secretary shall terminate a quota or moratorium established under subsection (a) of this section if the Secretary finds that the reasons for establishing the quota or moratorium no longer exist.
(Pub. L. 102–440, title I, § 108, Oct. 23, 1992, 106 Stat. 2229.)
16 U.S.C. § 4909 (CONSERVATION)
§ 4909. Petitions
(a) In general
Any person may at any time submit to the Secretary a petition in writing requesting that the Secretary exercise authority of the Secretary under this chapter to—
(1) establish, modify, or terminate any prohibition, suspension, or quota under this chapter on importation of any species of exotic bird;
(2) add a species of exotic bird to, or remove such a species from, a list under section 4905 of this title; or
(3) determine under section 4906 of this title whether an exotic bird breeding facility is a qualifying facility.
(b) Consideration and ruling
For each petition submitted to the Secretary in accordance with subsection (a) of this section, the Secretary shall—
(1) within 90 days after receiving the petition, issue and publish in the Federal Register a preliminary ruling regarding whether the petition presents sufficient information indicating that the action requested in the petition might be warranted; and
(2) for each petition determined to present such sufficient information—
(A) provide an opportunity for the submission of public comment on the petition; and
(B) issue and publish in the Federal Register a final ruling on the petition, by not later than 90 days after the end of the period for public comment.
(Pub. L. 102–440, title I, § 110, Oct. 23, 1992, 106 Stat. 2229.)
16 U.S.C. § 4913 (CONSERVATION)
§ 4913. Exotic bird conservation assistance
(a) Assistance
The Secretary, subject to the availability of appropriations, shall use amounts in the Exotic Bird Conservation Fund established by subsection (b) of this section to provide financial and technical assistance for projects to conserve exotic birds in their native countries. In selecting projects for assistance, the Secretary shall give particular attention to species that are subject to an import moratorium or quota under this chapter, in order to assist those countries in the development and implementation of conservation management programs, or law enforcement, or both.
(b) Fund
(1) Establishment
There is established in the Treasury a separate account, which shall be known as the “Exotic Bird Conservation Fund”.
(2) Contents
The Fund shall consist of—
(A) all amounts received by the United States in the form of penalties, fines, or forfeiture of property collected under this chapter in excess of the cost of paying rewards under section 4912(c) of this title;
(B) donations received by the Secretary for exotic bird conservation; and
(C) such amounts as are appropriated to the Secretary for conserving exotic birds.
(c) Review and report on other conservation opportunities
The Secretary, in consultation with appropriate representatives of industry, the conservation community, the Secretariat of the Convention, and other national and international bodies, shall—
(1) review opportunities for a voluntary program of labeling exotic birds, certification of exotic bird breeding facilities and retail outlets, and provision of privately organized or funded technical assistance to other nations; and
(2) report to the Congress the results of this review within 2 years after October 23, 1992.
(Pub. L. 102–440, title I, § 114, Oct. 23, 1992, 106 Stat. 2232.)
16 U.S.C. § 5001 (CONSERVATION)
§ 5001. Purpose
It is the purpose of this chapter to implement the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, signed in Moscow, February 11, 1992.
(Pub. L. 102–567, title VIII, § 802, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8002, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title VIII of Pub. L. 102–567, which is classified generally to this chapter. For complete classification of title VIII to the Code, see Short Title note below and Tables.
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
heading: Short Title
text: Pub. L. 102–587, title VIII, § 8001, Nov. 4, 1992, 106 Stat. 5098, which provided that title VIII of Pub. L. 102–587, which enacted this chapter and repealed sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and provisions set out as notes under section 1021 of this title, could be cited as the “North Pacific Anadromous Stocks Convention Act of 1992”, was repealed by Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.
Pub. L. 102–567, title VIII, § 801, Oct. 29, 1992, 106 Stat. 4309, provided that: “This title [enacting this chapter and repealing sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and provisions set out as notes under section 1021 of this title] may be cited as the ‘North Pacific Anadromous Stocks Act of 1992’.”