dreamproit/uscode huggingface dataset:
16 U.S.C. § 6207 (CONSERVATION)
§ 6207. Annual adjustment of cabin user fee
(a) In general
The Secretary shall adjust the cabin user fee annually, using a rolling 5-year average of a published price index in accordance with subsection (b) or (c) of this section that reports changes in rural or similar land values in the State, county, or market area in which the lot is located.
(b) Initial index
(1) In general
For the period of 10 years beginning on October 11, 2000, the Secretary shall use changes in agricultural land prices in the appropriate State or county, as reported in the Index of Agricultural Land Prices published by the Department of Agriculture, to determine the annual adjustment to the cabin user fee in accordance with subsections (a) and (d) of this section.
(2) Statewide changes
In determining the annual adjustment to the cabin user fee for an authorization located in a county in which agricultural land prices are influenced by the criteria described in section 6205(b)(2) of this title, the Secretary shall use average statewide changes in the State in which the lot is located.
(c) New index
(1) In general
Not later than 10 years after October 11, 2000, the Secretary may select and use an index other than the method of adjustment of a cabin user fee described in subsection (b)(2) of this section to adjust a cabin user fee if the Secretary determines that a different index better reflects change in the value of a lot over time.
(2) Selection process
Before selecting a new index, the Secretary shall—
(A) solicit and consider comments from the public; and
(B) not later than 60 days before the date on which the Secretary makes a final index selection, submit any proposed selection of a new index to—
(i) the Committee on Resources of the House of Representatives; and
(ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(d) Limitation
In calculating an annual adjustment to the base cabin user fee as determined by the initial index described in section 1 (b) of this section, the Secretary shall—
(1) limit any annual fee adjustment to an amount that is not more than 5 percent per year when the change in agricultural land values exceeds 5 percent in any 1 year; and
(2) apply the amount of any adjustment that exceeds 5 percent to the annual fee payment for the next year in which the change in the index factor is less than 5 percent.
(Pub. L. 106–291, title VI, § 608, Oct. 11, 2000, 114 Stat. 1019; Pub. L. 108–7, div. F, title III, § 324, Feb. 20, 2003, 117 Stat. 275.)
heading: Amendments
text: 2003—Subsec. (b)(2). Pub. L. 108–7 substituted “criteria” for “value influences” and “section 6205(b)(2)” for “section 6205(b)(3)”.
heading: Change of Name
text: Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 6208 (CONSERVATION)
§ 6208. Payment of cabin user fees
(a) Due date for payment of fees
A cabin user fee shall be prepaid annually by the cabin owner.
(b) Payment of equal or lesser fee
If, in accordance with section 6206 of this title, the Secretary determines that the amount of a new base cabin user fee is equal to or less than the amount of the current base cabin user fee, the Secretary shall require payment of the new base cabin user fee by the cabin owner in accordance with subsection (a) of this section.
(c) Payment of greater fee
If, in accordance with section 6206 of this title, the Secretary determines that the amount of a new base cabin user fee is greater than the amount of the current base cabin user fee, the Secretary shall—
(1) require full payment of the new base cabin user fee in the first year following completion of the fee determination procedure if the increase in the amount of the new base cabin user fee is not more than 100 percent of the current base cabin user fee; or
(2) phase in the increase over the current base cabin user fee in approximately equal increments over 3 years if the increase in the amount of the new base cabin user fee is more than 100 percent of the current base cabin user fee.
(Pub. L. 106–291, title VI, § 609, Oct. 11, 2000, 114 Stat. 1020.)
16 U.S.C. § 6209 (CONSERVATION)
§ 6209. Right of second appraisal
(a) Right of second appraisal
On receipt of notice from the Secretary of the determination of a new base cabin user fee, the cabin owner—
(1) not later than 60 days after the date on which the notice is received, may notify the Secretary of the intent of the cabin owner to obtain a second appraisal; and
(2) may obtain, within 1 year following the date of receipt of the notice under this subsection, at the expense of the cabin owner, a second appraisal of the typical lot on which the initial appraisal was conducted.
(b) Conduct of second appraisal
In conducting a second appraisal, the appraiser selected by the cabin owner shall—
(1) have qualifications equivalent to the appraiser that conducted the initial appraisal in accordance with section 6205(a)(4) of this title;
(2) use the appraisal guidelines used in the initial appraisal in accordance with section 6205(a)(5) of this title;
(3) consider all relevant factors in accordance with this chapter (including guidelines developed under section 6205(a)(3) of this title); and
(4) notify the Secretary of any material differences of fact or opinion between the initial appraisal conducted by the agency and the second appraisal.
(c) Request for reconsideration of base cabin user fee
A cabin owner shall submit to the Secretary any request for reconsideration of the base cabin user fee, based on the results of the second appraisal, not later than 60 days after the receipt of the report for the second appraisal.
(d) Reconsideration of base cabin user fee
On receipt of a request from the cabin owner under subsection (c) of this section for reconsideration of a base cabin user fee, not later than 60 days after the date of receipt of the request, the Secretary shall—
(1) review the initial appraisal of the agency;
(2) review the results and commentary from the second appraisal;
(3) determine a new base cabin user fee in an amount that is—
(A) equal to the base cabin user fee determined by the initial or the second appraisal; or
(B) within the range of values, if any, between the initial and second appraisals; and
(4) notify the cabin owner of the amount of the new base cabin user fee.
(Pub. L. 106–291, title VI, § 610, Oct. 11, 2000, 114 Stat. 1020.)
16 U.S.C. § 6210 (CONSERVATION)
§ 6210. Right of appeal and judicial review
(a) Right of appeal
Notwithstanding any action of a cabin owner to exercise rights in accordance with section 6209 of this title, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new base cabin user fee.
(b) Judicial review
A cabin owner that is adversely affected by a final decision of the Secretary under this chapter may bring a civil action in United States district court.
(Pub. L. 106–291, title VI, § 611, Oct. 11, 2000, 114 Stat. 1021.)
16 U.S.C. § 6211 (CONSERVATION)
§ 6211. Consistency with other law and rights
(a) Consistency with rights of the United States
Nothing in this chapter limits or restricts any right, title, or interest of the United States in or to any land or resource.
(b) Special rule for Alaska
In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with section 3193(d) of this title.
(Pub. L. 106–291, title VI, § 612, Oct. 11, 2000, 114 Stat. 1021.)
16 U.S.C. § 6233 (CONSERVATION)
§ 6233. Implementation
(a) Prompt implementation
The Secretary shall issue direction regarding implementation of this chapter by interim directive within 180 days after February 20, 2003. The Secretary shall implement this chapter beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after February 20, 2003.
(b) Phase-in of use fee increases
In issuing any direction regarding implementation of this chapter under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps.
(Pub. L. 108–7, div. F, title V, § 504, Feb. 20, 2003, 117 Stat. 296.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, which was translated as reading “this title”, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Improvement Act of 2003, to reflect the probable intent of Congress.
16 U.S.C. § 6234 (CONSERVATION)
§ 6234. Relationship to other laws
Except as specifically provided by this chapter, nothing in this chapter supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands.
(Pub. L. 108–7, div. F, title V, § 505, Feb. 20, 2003, 117 Stat. 297.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, which was translated as reading “this title”, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Improvement Act of 2003, to reflect the probable intent of Congress.
16 U.S.C. § 6235 (CONSERVATION)
§ 6235. Deposit and expenditure of use fees
(a) Deposit and availability
Unless subject to section 580d of this title, use fees collected by the Secretary under this chapter shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c).
(b) Transfer
Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c).
(c) Use
Use fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service’s special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes.
(Pub. L. 108–7, div. F, title V, § 506, Feb. 20, 2003, 117 Stat. 297.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, which was translated as reading “this title”, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Improvement Act of 2003, to reflect the probable intent of Congress.
16 U.S.C. § 6236 (CONSERVATION)
§ 6236. Ministerial issuance, or amendment authorization
(a) NEPA exception
The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Rule of construction
For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply:
(1) The authorization is issued upon a change in control of the holder of an existing authorization.
(2) The holder, upon expiration of an authorization, is issued a new authorization.
(3) The authorization is amended—
(A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or
(B) to include nondiscretionary environmental standards or to conform with current law.
(Pub. L. 108–7, div. F, title V, § 507, Feb. 20, 2003, 117 Stat. 297.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) 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 4321 of Title 42 and Tables.
16 U.S.C. § 6301 (CONSERVATION)
§ 6301. Findings and purposes
(a) Findings
Congress finds that—
(1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy;
(2) the chimpanzee, gorilla, bonobo, orangutan, and gibbon are listed as endangered species under section 1533 of this title and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
(3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations;
(4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species;
(5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, live capture, and exposure to emerging or introduced diseases;
(6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights;
(7) although subsistence hunting of tropical forest animals has occurred for hundreds of years at a sustainable level, the tremendous increase in the commercial trade of tropical forest species is detrimental to the future of these species; and
(8) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will require the joint commitment and effort of countries that have within their boundaries any part of the range of great apes, the United States and other countries, and the private sector.
(b) Purposes
The purposes of this chapter are—
(1) to sustain viable populations of great apes in the wild; and
(2) to assist in the conservation and protection of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat.
(Pub. L. 106–411, § 2, Nov. 1, 2000, 114 Stat. 1789.)
heading: Short Title
text: Pub. L. 106–411, § 1, Nov. 1, 2000, 114 Stat. 1789, provided that: “This Act [enacting this chapter] may be cited as the ‘Great Ape Conservation Act of 2000’.”
16 U.S.C. § 6302 (CONSERVATION)
§ 6302. Definitions
In this chapter:
(1) CITES
The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices.
(2) Conservation
The term “conservation”—
(A) means the use of methods and procedures necessary to prevent the diminution of, and to sustain viable populations of, a species; and
(B) includes all activities associated with wildlife management, such as—
(i) conservation, protection, restoration, acquisition, and management of habitat;
(ii) in-situ research and monitoring of populations and habitats;
(iii) assistance in the development, implementation, and improvement of management plans for managed habitat ranges;
(iv) enforcement and implementation of CITES;
(v) enforcement and implementation of domestic laws relating to resource management;
(vi) development and operation of sanctuaries for members of a species rescued from the illegal trade in live animals;
(vii) training of local law enforcement officials in the interdiction and prevention of the illegal killing of great apes;
(viii) programs for the rehabilitation of members of a species in the wild and release of the members into the wild in ways which do not threaten existing wildlife populations by causing displacement or the introduction of disease;
(ix) conflict resolution initiatives;
(x) community outreach and education; and
(xi) strengthening the capacity of local communities to implement conservation programs.
(3) Fund
The term “Fund” means the Great Ape Conservation Fund established by section 6304 of this title.
(4) Great ape
The term “great ape” means a chimpanzee, gorilla, bonobo, orangutan, or gibbon.
(5) Multinational Species Conservation Fund
The term “Multinational Species Conservation Fund” means such fund as established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, under the heading “multinational species conservation fund” [16 U.S.C. 4246].
(6) Secretary
The term “Secretary” means the Secretary of the Interior.
(Pub. L. 106–411, § 3, Nov. 1, 2000, 114 Stat. 1790.)
heading: References in Text
text: Title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in par. (5), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading “multinational species conservation fund” in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title.
16 U.S.C. § 6304 (CONSERVATION)
§ 6304. Great Ape Conservation Fund
(a) Establishment
There is established in the Multinational Species Conservation Fund a separate account to be known as the “Great Ape Conservation Fund”, consisting of—
(1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e) of this section;
(2) amounts appropriated to the Fund under section 6305 of this title; and
(3) any interest earned on investment of amounts in the Fund under subsection (c) of this section.
(b) Expenditures from Fund
(1) In general
Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 6303 of this title.
(2) Administrative expenses
Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(c) Investment of amounts
(1) In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.
(2) Acquisition of obligations
For the purpose of investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market price.
(3) Sale of obligations
Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
(4) Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
(d) Transfers of amounts
(1) In general
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(e) Acceptance and use of donations
The Secretary may accept and use donations to provide assistance under section 6303 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund.
(Pub. L. 106–411, § 5, Nov. 1, 2000, 114 Stat. 1793; Pub. L. 109–363, title VII, § 702, Oct. 17, 2006, 120 Stat. 2082.)
heading: Amendments
text: 2006—Subsec. (b)(2). Pub. L. 109–363 substituted “expend” for “expand” and “$100,000” for “$80,000”.
16 U.S.C. § 6305 (CONSERVATION)
§ 6305. Authorization of appropriations
There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2006 through 2010.
(Pub. L. 106–411, § 6, Nov. 1, 2000, 114 Stat. 1794; Pub. L. 109–363, title VII, § 703, Oct. 17, 2006, 120 Stat. 2082.)
heading: Amendments
text: 2006—Pub. L. 109–363 substituted “fiscal years 2006 through 2010” for “fiscal years 2001 through 2005”.
16 U.S.C. § 6402 (CONSERVATION)
§ 6402. National coral reef action strategy
(a) In general
Not later than 180 days after December 23, 2000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Resources of the House of Representatives and publish in the Federal Register a national coral reef action strategy, consistent with the purposes of this chapter. The Administrator shall periodically review and revise the strategy as necessary. In developing this national strategy, the Secretary may consult with the Coral Reef Task Force established under Executive Order 13089 (June 11, 1998).
(b) Goals and objectives
The action strategy shall include a statement of goals and objectives as well as an implementation plan, including a description of the funds obligated each fiscal year to advance coral reef conservation. The action strategy and implementation plan shall include discussion of—
(1) coastal uses and management;
(2) water and air quality;
(3) mapping and information management;
(4) research, monitoring, and assessment;
(5) international and regional issues;
(6) outreach and education;
(7) local strategies developed by the States or Federal agencies, including regional fishery management councils; and
(8) conservation, including how the use of marine protected areas to serve as replenishment zones will be developed consistent with local practices and traditions.
(Pub. L. 106–562, title II, § 203, Dec. 23, 2000, 114 Stat. 2800.)
heading: References in Text
text: Executive Order 13089, referred to in subsec. (a), is set out as a note under section 6401 of this title.
heading: Change of Name
text: Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.