dreamproit/uscode huggingface dataset:
16 U.S.C. § 1423f (CONSERVATION)
§ 1423f. Implementation of actions taken by the Commission
(a) In general
The Secretary shall take all necessary actions to implement the decisions and determinations of the Commission under paragraph 7 of article 8 of the Agreement.
(b) Taking limitation
Not later than 60 days after the date on which the Secretary receives notice of the determination of the Commission of an annual taking limit, or of the adoption by the Commission of other restriction on the taking of polar bears for subsistence purposes, the Secretary shall publish a notice in the Federal Register announcing the determination or restriction.
(Pub. L. 92–522, title V, § 507, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)
16 U.S.C. § 1423g (CONSERVATION)
§ 1423g. Application with other subchapters of chapter
(a) In general
The authority of the Secretary under this subchapter is in addition to, and shall not affect—
(1) the authority of the Secretary under other subchapters 1 of this chapter or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under section 1371(b) of this title as applied to other marine mammal populations; or
(2) the authorities provided under subchapter III of this chapter.
(b) Certain provisions inapplicable
The provisions of subchapters II through V of this chapter do not apply with respect to the implementation or administration of this subchapter, except as specified in section 1423b of this title.
(Pub. L. 92–522, title V, § 508, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)
heading: Editorial Notes
heading: References in Text
text: Other subchapters of this chapter, referred to in subsec. (a)(1), was in the original a reference to “other titles of this Act” meaning Pub. L. 92–522. Subchapter I of this chapter consists of sections of Pub. L. 92–522 that are not part of a title of that Act.
The Lacey Act Amendments of 1981, referred to in subsec. (a)(1), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which enacted chapter 53 (§ 3371 et seq.) of this title, amended section 1540 of this title and section 42 of Title 18, Crimes and Criminal Procedure, repealed sections 667e and 851 to 856 of this title and sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under sections 1540 and 3371 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables.
16 U.S.C. § 1423h (CONSERVATION)
§ 1423h. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Secretary to carry out the functions and responsibilities of the Secretary under this subchapter and the Agreement $1,000,000 for each of fiscal years 2006 through 2010.
(b) Commission
There are authorized to be appropriated to the Secretary to carry out functions and responsibilities of the United States Section 1 $150,000 for each of fiscal years 2006 through 2010.
(c) Alaskan cooperative management program
There are authorized to be appropriated to the Secretary to carry out this subchapter and the Agreement in Alaska $150,000 for each of fiscal years 2006 through 2010.
(Pub. L. 92–522, title V, § 509, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3665.)
16 U.S.C. § 1435 (CONSERVATION)
§ 1435. Application of regulations; international negotiations and cooperation
(a) Regulations
This chapter and the regulations issued under section 1434 of this title shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States, unless in accordance with—
(1) generally recognized principles of international law;
(2) an agreement between the United States and the foreign state of which the person is a citizen; or
(3) an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel.
(b) Negotiations
The Secretary of State, in consultation with the Secretary, shall take appropriate action to enter into negotiations with other governments to make necessary arrangements for the protection of any national marine sanctuary and to promote the purposes for which the sanctuary is established.
(c) International cooperation
The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this chapter and consistent with applicable regional and mutilateral 1 arrangements for the protection and management of special marine areas.
(Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2105, Nov. 4, 1992, 106 Stat. 5043.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–587, § 2105(b), substituted “; international negotiations and cooperation” for “and international negotiations” in section catchline.
Subsec. (a). Pub. L. 102–587, § 2105(a)(1), substituted “This chapter and the regulations” for “The regulations” and inserted “or be enforced against” after “apply to”.
Subsec. (c). Pub. L. 102–587, § 2105(a)(2), added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: International Cooperation
text: For direction that the Secretary of State seek effective international action and cooperation through the development of appropriate international rules and regulations in support of the policy of this chapter and chapter 27 of Title 33, Navigation and Navigable Waters, see section 1419 of Title 33.
16 U.S.C. § 1436 (CONSERVATION)
§ 1436. Prohibited activities
It is unlawful for any person to—
(1) destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary;
(2) possess, sell, offer for sale, purchase, import, export, deliver, carry, transport, or ship by any means any sanctuary resource taken in violation of this section;
(3) interfere with the enforcement of this chapter by—
(A) refusing to permit any officer authorized to enforce this chapter to board a vessel, other than a vessel operated by the Department of Defense or United States Coast Guard, subject to such person’s control for the purposes of conducting any search or inspection in connection with the enforcement of this chapter;
(B) resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this chapter or any such authorized officer in the conduct of any search or inspection performed under this chapter; or
(C) knowingly and willfully submitting false information to the Secretary or any officer authorized to enforce this chapter in connection with any search or inspection conducted under this chapter; or
(4) violate any provision of this chapter or any regulation or permit issued pursuant to this chapter.
(Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2106, Nov. 4, 1992, 106 Stat. 5043; Pub. L. 106–513, § 7, Nov. 13, 2000, 114 Stat. 2386.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–513, § 7(1), inserted “for any person” after “unlawful” in introductory provision.
Par. (2). Pub. L. 106–513, § 7(2), inserted “offer for sale, purchase, import, export,” after “sell,”.
Par. (3). Pub. L. 106–513, § 7(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “interfere with the enforcement of this chapter; or”.
1992—Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this chapter.”
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 1438 (CONSERVATION)
§ 1438. Repealed. Pub. L. 100–627, title II, § 203(1), Nov. 7, 1988, 102 Stat. 3214
text: Section, Pub. L. 92–532, title III, § 308, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303, authorized appropriations for fiscal years 1985 to 1988.
16 U.S.C. § 1439 (CONSERVATION)
§ 1439. Regulations
The Secretary may issue such regulations as may be necessary to carry out this chapter.
(Pub. L. 92–532, title III, § 308, formerly § 309, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303; renumbered § 308, Pub. L. 100–627, title II, § 203(2), Nov. 7, 1988, 102 Stat. 3214; Pub. L. 106–513, § 9, Nov. 13, 2000, 114 Stat. 2387.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 308 of Pub. L. 92–532 was classified to section 1438 of this title, prior to repeal by section 203(1) of Pub. L. 100–627.
heading: Amendments
text: 2000—Pub. L. 106–513 amended section catchline and text generally. Prior to amendment, text read as follows: “If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected thereby.”
16 U.S.C. § 1444 (CONSERVATION)
§ 1444. Authorization of appropriations
There are authorized to be appropriated to the Secretary—
(1) to carry out this chapter—
(A) $32,000,000 for fiscal year 2001;
(B) $34,000,000 for fiscal year 2002;
(C) $36,000,000 for fiscal year 2003;
(D) $38,000,000 for fiscal year 2004;
(E) $40,000,000 for fiscal year 2005; and
(2) for construction projects at national marine sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005.
(Pub. L. 92–532, title III, § 313, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L. 101–605, § 10(a), Nov. 16, 1990, 104 Stat. 3095; Pub. L. 102–587, title II, § 2111, Nov. 4, 1992, 106 Stat. 5046; Pub. L. 104–283, § 3, Oct. 11, 1996, 110 Stat. 3363; Pub. L. 106–513, § 14, Nov. 13, 2000, 114 Stat. 2390.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–513 amended section generally, substituting provisions authorizing appropriations to carry out this chapter for fiscal years 2001 to 2005 for provisions authorizing such appropriations for fiscal years 1997 to 1999.
1996—Pub. L. 104–283 amended section generally, substituting provisions authorizing appropriations to carry out this chapter for fiscal years 1997 to 1999 for provisions authorizing such appropriations for fiscal years 1993 to 1996.
1992—Pub. L. 102–587 amended section generally, substituting provisions relating to authorization of appropriations for fiscal years 1993 to 1996 to carry out this chapter for provisions relating to authorization of appropriations for fiscal years 1989 to 1992 to carry out general administration, management of national marine sanctuaries and site review and analysis of national marine sanctuaries of this chapter.
1990—Par. (2)(C). Pub. L. 101–605 substituted “$4,000,000” for “$3,000,000”.
16 U.S.C. § 1445c (CONSERVATION)
§ 1445c. Dr. Nancy Foster Scholarship Program
(a) Establishment
The Secretary shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in oceanography, marine biology or maritime archeology, to be known as Dr. Nancy Foster Scholarships.
(b) Purposes
The purposes of the Dr. Nancy Foster Scholarship Program are—
(1) to recognize outstanding scholarship in oceanography, marine biology, or maritime archeology, particularly by women and members of minority groups; and
(2) to encourage independent graduate level research in oceanography, marine biology, or maritime archeology.
(c) Award
Each Dr. Nancy Foster Scholarship—
(1) shall be used to support graduate studies in oceanography, marine biology, or maritime archeology at a graduate level institution of higher education; and
(2) shall be awarded in accordance with guidelines issued by the Secretary.
(d) Distribution of funds
The amount of each Dr. Nancy Foster Scholarship shall be provided directly to a recipient selected by the Secretary upon receipt of certification that the recipient will adhere to a specific and detailed plan of study and research approved by a graduate level institution of higher education.
(e) Funding
Of the amount available each fiscal year to carry out this chapter, the Secretary shall award 1 percent as Dr. Nancy Foster Scholarships.
(f) Scholarship repayment requirement
The Secretary shall require an individual receiving a scholarship under this section to repay the full amount of the scholarship to the Secretary if the Secretary determines that the individual, in obtaining or using the scholarship, engaged in fraudulent conduct or failed to comply with any term or condition of the scholarship.
(g) Maritime archeology defined
In this section the term “maritime archeology” includes the curation, preservation, and display of maritime artifacts.
(Pub. L. 92–532, title III, § 318, as added Pub. L. 106–513, § 18, Nov. 13, 2000, 114 Stat. 2392.)
heading: Editorial Notes
heading: Codification
text: For similar provisions relating to the Dr. Nancy Foster Scholarship Program, see section 1445c–1 of this title.
16 U.S.C. § 1445c–1 (CONSERVATION)
§ 1445c–1. Dr. Nancy Foster Scholarship Program
(a) Establishment
The Secretary of Commerce shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in marine biology, oceanography, or maritime archaeology, including the curation, preservation, and display of maritime artifacts, to be known as “Dr. Nancy Foster Scholarships”.
(b) Purpose
The purpose of the Dr. Nancy Foster Scholarship Program is to recognize outstanding scholarship in marine biology, oceanography, or maritime archaeology, particularly by women and members of minority groups, and encourage independent graduate level research in such fields of study.
(c) Award
Each Dr. Nancy Foster Scholarship award—
(1) shall be used to support a candidate’s graduate studies in marine biology, oceanography, or maritime archaeology at a sponsoring institution; and
(2) shall be made available to individual candidates in accordance with guidelines issued by the Secretary.
(d) Distribution of funds
The amount of each Dr. Nancy Foster Scholarship shall be provided directly to each recipient selected by the Secretary upon receipt of certification that the recipient will adhere to a specific and detailed plan of study and research approved by the sponsoring institution.
(e) Funding
The Secretary shall make 1 percent of the amount appropriated each fiscal year to carry out the National Marine Sanctuaries Act [16 U.S.C. 1431 et seq.] available for Dr. Nancy Foster Scholarships.
(f) Scholarship repayment requirement
Repayment of the award shall be made to the Secretary in the case of fraud or noncompliance.
(Pub. L. 106–553, § 1(a)(2) [title II, § 210], Dec. 21, 2000, 114 Stat. 2762, 2762A–79.)
heading: Editorial Notes
heading: References in Text
text: The National Marine Sanctuaries Act, referred to in subsec. (e), is title III of Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1061, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables.
heading: Codification
text: For similar provisions relating to the Dr. Nancy Foster Scholarship Program, see section 1445c of this title.
Section was enacted as part of the Department of Commerce and Related Agencies Appropriations Act, 2001, and also as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, and not as part of the National Marine Sanctuaries Act which comprises this chapter.
16 U.S.C. § 1447 (CONSERVATION)
§ 1447. Purposes
The purpose of this chapter is to establish regional research programs, under effective Federal oversight, to—
(1) set priorities for regional marine and coastal research in support of efforts to safeguard the water quality and ecosystem health of each region; and
(2) carry out such research through grants and improved coordination.
(Pub. L. 92–532, title IV, § 401, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2963.)
16 U.S.C. § 1447a (CONSERVATION)
§ 1447a. Definitions
As used in this chapter, the term—
(1) “Board” means any Regional Marine Research board 1 established pursuant to section 1447b(a) of this title;
(2) “Federal agency” means any department, agency, or other instrumentality of the Federal Government, including any independent agency or establishment of the Federal Government and any government corporation;
(3) “local government” means any city, town, borough, county, parish, district, or other public body which is a political subdivision of a State and which is created pursuant to State law;
(4) “marine and coastal waters” means estuaries, waters of the estuarine zone, including wetlands, any other waters seaward of the historic height of tidal influence, the territorial seas, the contiguous zone, and the ocean;
(5) “nonprofit organization” means any organization, association, or institution described in section 501(c)(3) of title 26 which is exempt from taxation pursuant to section 501(a) of title 26;
(6) “region” means 1 of the 9 regions described in section 1447b(a) of this title; and
(7) “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 92–532, title IV, § 402, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2963.)
heading: Executive Documents
heading: Territorial Sea and Contiguous Zone of United States
text: For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
16 U.S.C. § 1447e (CONSERVATION)
§ 1447e. Report on research program
(a) Preparation and submission of report
Each Board receiving a grant under section 1447d of this title shall, not later than 2 years after the approval of its comprehensive plan under section 1447d of this title and at 2-year intervals thereafter, prepare and submit to the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency a report describing—
(1) the findings and conclusions of research projects conducted in the region;
(2) recommendations for improvements in the design or implementation of programs for the protection of the marine environment; and
(3) available data and information concerning ecosystem health within the region.
(b) Transmittal to Congress
Upon receipt of a report prepared by a Board under subsection (a), the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency shall transmit a copy of such report to the Committees on Commerce, Science, and Transportation and on Environment and Public Works of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives.
(Pub. L. 92–532, title IV, § 406, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2969.)
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Science of House of Representatives in case of provisions relating to marine research by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
16 U.S.C. § 1447f (CONSERVATION)
§ 1447f. Authorization of appropriations
(a) In general
For purposes of carrying out the provisions of this chapter, there are authorized to be appropriated $18,000,000 for each of the fiscal years 1992 through 1996.
(b) Allocation
(1) Of funds appropriated in any fiscal year, not more than $500,000 shall be reserved for administration of this chapter by the National Oceanic and Atmospheric Administration and the Environmental Protection Agency.
(2) Funds appropriated in a fiscal year which are available after allocation pursuant to paragraph (1), shall be used to support the administrative costs of Boards established pursuant to section 1447b(a) of this title, provided that such funding does not exceed $300,000 for each research Board in each fiscal year.
(3) Seventy-five percent of funds appropriated in a fiscal year available after allocation pursuant to paragraphs (1) and (2), shall be allocated equally among Boards located in regions submitting research project grant applications pursuant to section 1447d(b) of this title.
(4) Twenty-five percent of funds appropriated in a fiscal year available after allocation pursuant to paragraphs (1) and (2), shall be allocated among Boards located in regions submitting research project grant applications pursuant to section 1447d(b) of this title which, in the judgment of the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Administrator of the Environmental Protection Agency, propose the most needed and highest quality research.
(Pub. L. 92–532, title IV, § 407, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2969.)