dreamproit/uscode huggingface dataset:
16 U.S.C. § 1706 (CONSERVATION)
§ 1706. Authorization of appropriations
There are authorized to be appropriated amounts not to exceed $60,000,000 for each fiscal year, which amounts shall be made available to the Secretary of the Interior and the Secretary of Agriculture to carry out the purposes of this subchapter. Notwithstanding any other provision of law, funds appropriated for any fiscal year to carry out this subchapter shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which appropriated.
(Pub. L. 91–378, title I, § 106, formerly § 6, as added Pub. L. 92–597, Oct. 27, 1972, 86 Stat. 1321; amended Pub. L. 93–408, Sept. 3, 1974, 88 Stat. 1068; renumbered title I, § 106, and amended Pub. L. 103–82, title I, § 105(1)–(3), Sept. 21, 1993, 107 Stat. 848.)
heading: Amendments
text: 1993—Pub. L. 103–82, § 105(2), substituted “subchapter” for “chapter” in two places.
1974—Pub. L. 93–408 substituted authorization of appropriation of amount not exceeding $60,000,000 for each fiscal year for authorization of appropriation of amounts not exceeding $30,000,000 for fiscal year ending June 30, 1973 and $60,000,000 for fiscal year ending June 30, 1974.
heading: Effective Date of 1993 Amendment
text: Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of this title.
16 U.S.C. § 1721 (CONSERVATION)
§ 1721. Congressional findings and purpose
(a) Findings
The Congress finds the following:
(1) Conserving or developing natural and cultural resources and enhancing and maintaining environmentally important lands and waters through the use of the Nation’s young men and women in a Public Lands Corps can benefit those men and women by providing them with education and work opportunities, furthering their understanding and appreciation of the natural and cultural resources, and providing a means to pay for higher education or to repay indebtedness they have incurred to obtain higher education while at the same time benefiting the Nation’s economy and its environment.
(2) Many facilities and natural resources located on eligible service lands are in disrepair or degraded and in need of labor intensive rehabilitation, restoration, and enhancement work which cannot be carried out by Federal agencies at existing personnel levels.
(3) Youth conservation corps have established a good record of restoring and maintaining these kinds of facilities and resources in a cost effective and efficient manner, especially when they have worked in partnership arrangements with government land management agencies.
(b) Purpose
It is the purpose of this subchapter to—
(1) perform, in a cost-effective manner, appropriate conservation projects on eligible service lands where such projects will not be performed by existing employees;
(2) assist governments and Indian tribes in performing research and public education tasks associated with natural and cultural resources on eligible service lands;
(3) expose young men and women to public service while furthering their understanding and appreciation of the Nation’s natural and cultural resources;
(4) expand educational opportunities by rewarding individuals who participate in national service with an increased ability to pursue higher education or job training; and
(5) stimulate interest among the Nation’s young men and women in conservation careers by exposing them to conservation professionals in land managing agencies.
(Pub. L. 91–378, title II, § 202, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 848.)
heading: Effective Date
text: Subchapter effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of this title.
heading: Short Title
text: For short title of title II of Pub. L. 91–378, as added by Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 848, as the “Public Lands Corps Act of 1993”, see Short Title note set out under section 1701 of this title.
16 U.S.C. § 1725 (CONSERVATION)
§ 1725. Resource assistants
(a) Authorization
The Secretary is authorized to provide individual placements of resource assistants with any Federal land managing agency under the jurisdiction of the Secretary to carry out research or resource protection activities on behalf of the agency. To be eligible for selection as a resource assistant, an individual must be at least 17 years of age. The Secretary may select resource assistants without regard to the civil service and classification laws, rules, or regulations of the United States. The Secretary shall give a preference to the selection of individuals who are enrolled in an institution of higher education or are recent graduates from an institution of higher education, with particular attention given to ensure full representation of women and participants from historically black, Hispanic, and Native American schools.
(b) Use of existing nonprofit organizations
Whenever one or more existing nonprofit organizations can provide, in the judgment of the the 1 Secretary, appropriate recruitment and placement services to fulfill the requirements of this section, the Secretary may implement this section through such existing organizations. Participating nonprofit organizations shall contribute to the expenses of providing and supporting the resource assistants, through private sources of funding, at a level equal to 25 percent of the total costs of each participant in the Resource Assistant program who has been recruited and placed through that organization. Any such participating nonprofit conservation service organization shall be required, by the respective land managing agency, to submit an annual report evaluating the scope, size, and quality of the program, including the value of work contributed by the Resource Assistants, to the mission of the agency.
(Pub. L. 91–378, title II, § 206, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 852; amended Pub. L. 109–154, § 2(g)(3), Dec. 30, 2005, 119 Stat. 2893.)
heading: Amendments
text: 2005—Subsec. (a). Pub. L. 109–154, § 2(g)(3)(A), substituted “Secretary is” for “Secretary of the Interior and the Secretary of Agriculture are each”, “the Secretary to carry out” for “such Secretary to carry out”, “Secretary may” for “Secretaries may”, and “Secretary shall” for “Secretaries shall”.
Subsec. (b). Pub. L. 109–154, § 2(g)(3)(B), substituted “the Secretary, appropriate” for “Secretary of the Interior or the Secretary of Agriculture, appropriate”.
16 U.S.C. § 1725a (CONSERVATION)
§ 1725a. Direct hire authority
(1) During fiscal year 2012 and thereafter, the Secretary of the Interior may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate described in paragraph (1) 1 directly to a position with a land managing agency of the Department of the Interior for which the candidate meets Office of Personnel Management qualification standards.
(2) Paragraph (1) applies with respect to a former resource assistant (as defined in section 1722 of this title) who—
(A) completed a rigorous undergraduate or graduate summer internship with a land managing agency, such as the National Park Service Business Plan Internship;
(B) successfully fulfilled the requirements of the internship program; and
(C) subsequently earned an undergraduate or graduate degree from an accredited institution of higher education.
(3) The direct hire authority under this section may not be exercised with respect to a specific qualified candidate after the end of the two-year period beginning on the date on which the candidate completed the undergraduate or graduate degree, as the case may be.
(Pub. L. 112–74, div. E, title I, § 121(a), Dec. 23, 2011, 125 Stat. 1012.)
heading: Codification
text: Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Public Lands Corps Act of 1993 which comprises this subchapter.
16 U.S.C. § 1726 (CONSERVATION)
§ 1726. Living allowances and terms of service
(a) Living allowances
The Secretary shall provide each participant in the Public Lands Corps and each resource assistant with a living allowance in an amount established by the Secretary.
(b) Terms of service
Each participant in the Corps and each resource assistant shall agree to participate in the Corps or serve as a resource assistant, as the case may be, for such term of service as may be established by the Secretary enrolling or selecting the individual.
(c) Hiring
The Secretary may—
(1) grant to a member of the Public Lands Corps credit for time served with the Public Lands Corps, which may be used toward future Federal hiring; and
(2) provide to a former member of the Public Lands Corps noncompetitive hiring status for a period of not more than 120 days after the date on which the member’s service with the Public Lands Corps is complete.
(Pub. L. 91–378, title II, § 207, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 852; amended Pub. L. 109–154, § 2(e), Dec. 30, 2005, 119 Stat. 2892.)
heading: Amendments
text: 2005—Subsec. (a). Pub. L. 109–154, § 2(e)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Secretary of the Interior and the Secretary of Agriculture shall provide each participant in the Public Lands Corps and each resource assistant with a living allowance in an amount not to exceed the maximum living allowance authorized by section 140(a)(3) of the National and Community Service Act of 1990 for participants in a national service program assisted under subtitle C of title I of such Act.”
Subsec. (c). Pub. L. 109–154, § 2(e)(2), added subsec. (c).
16 U.S.C. § 1727 (CONSERVATION)
§ 1727. National service educational awards
(a) Educational benefits and awards
If a participant in the Public Lands Corps or a resource assistant also serves in an approved national service position designated under subtitle C of title I of the National and Community Service Act of 1990 [42 U.S.C. 12571 et seq.], the participant or resource assistant shall be eligible for a national service educational award in the manner prescribed in subtitle D of such title [42 U.S.C. 12601 et seq.] upon successfully complying with the requirements for the award. The period during which the national service educational award may be used, the purposes for which the award may be used, and the amount of the award shall be determined as provided under such subtitle.
(b) Forbearance in collection of Stafford loans
For purposes of section 1078 of title 20, in the case of borrowers who are either participants in the Corps or resource assistants, upon written request, a lender shall grant a borrower forbearance on such terms as are otherwise consistent with the regulations of the Secretary of Education, during periods in which the borrower is serving as such a participant or a resource assistant.
(Pub. L. 91–378, title II, § 208, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853.)
heading: References in Text
text: The National and Community Service Act of 1990, referred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, as amended. Subtitles C and D of title I of the Act are classified generally to divisions C (§ 12571 et seq.) and D (§ 12601 et seq.), respectively, of subchapter I of chapter 129 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.
16 U.S.C. § 1728 (CONSERVATION)
§ 1728. Nondisplacement
The nondisplacement requirements of section 12637 of title 42 shall be applicable to all activities carried out by the Public Lands Corps, to all activities carried out under this subchapter by a qualified youth or conservation corps, and to the selection and service of resource assistants.
(Pub. L. 91–378, title II, § 209, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853.)
16 U.S.C. § 1729 (CONSERVATION)
§ 1729. Funding
(a) Cost sharing
(1) Projects by qualified youth or conservation corps
The Secretary is authorized to pay not more than 75 percent of the costs of any appropriate conservation project carried out pursuant to this subchapter on public lands by a qualified youth or conservation corps. The remaining 25 percent of the costs of such a project may be provided from nonfederal sources in the form of funds, services, facilities, materials, equipment, or any combination of the foregoing. No cost sharing shall be required in the case of any appropriate conservation project carried out on Indian lands or Hawaiian home lands under this subchapter.
(2) Public Lands Corps projects
The Secretary is authorized to accept donations of funds, services, facilities, materials, or equipment for the purposes of operating the Public Lands Corps and carrying out appropriate conservation projects by the Corps. However, nothing in this subchapter shall be construed to require any cost sharing for any project carried out directly by the Corps.
(b) Funds available under National and Community Service Act
In order to carry out the Public Lands Corps or to support resource assistants and qualified youth or conservation corps under this subchapter, the Secretary shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act of 1990 [42 U.S.C. 12571(b)].
(c) Other funds
Amounts appropriated pursuant to the authorization of appropriations under section 1730 of this title are in addition to amounts allocated to the Public Lands Corps through other Federal programs or projects.
(Pub. L. 91–378, title II, § 210, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853; amended Pub. L. 109–154, § 2(f)(1), (g)(4), Dec. 30, 2005, 119 Stat. 2892, 2893.)
heading: Amendments
text: 2005—Subsec. (a). Pub. L. 109–154, § 2(g)(4)(A), substituted “Secretary is” for “Secretary of the Interior and the Secretary of Agriculture are each” in pars. (1) and (2).
Subsec. (b). Pub. L. 109–154, § 2(g)(4)(B), substituted “Secretary” for “Secretary of the Interior and the Secretary of Agriculture”.
Subsec. (c). Pub. L. 109–154, § 2(f)(1), added subsec. (c).
16 U.S.C. § 1730 (CONSERVATION)
§ 1730. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this subchapter $12,000,000 for each fiscal year, of which $8,000,000 is authorized to carry out priority projects and $4,000,000 of which is authorized to carry out other appropriate conservation projects.
(b) Disaster relief or prevention projects
Notwithstanding subsection (a) of this section, any amounts made available under that subsection shall be available for disaster prevention or relief projects.
(c) Availability of funds
Notwithstanding any other provision of law, amounts appropriated for any fiscal year to carry out this subchapter shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which the amounts are appropriated.
(Pub. L. 91–378, title II, § 211, as added Pub. L. 109–154, § 2(f)(2), Dec. 30, 2005, 119 Stat. 2892.)
16 U.S.C. § 1803 (CONSERVATION)
§ 1803. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the provisions of this chapter—
(1) $337,844,000 for fiscal year 2007;
(2) $347,684,000 for fiscal year 2008;
(3) $357,524,000 for fiscal year 2009;
(4) $367,364,000 for fiscal year 2010;
(5) $377,204,000 for fiscal year 2011;
(6) $387,044,000 for fiscal year 2012; and
(7) $396,875,000 for fiscal year 2013.
(Pub. L. 94–265, § 4, as added Pub. L. 104–297, title I, § 103, Oct. 11, 1996, 110 Stat. 3563; amended Pub. L. 109–479, § 7, Jan. 12, 2007, 120 Stat. 3579.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
heading: Amendments
text: 2007—Pub. L. 109–479 reenacted section catchline without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2007 to 2013 for provisions authorizing appropriations for fiscal years 1996 to 1999.
16 U.S.C. § 1813 (CONSERVATION)
§ 1813. Omitted
heading: Codification
text: Section, Pub. L. 94–265, title I, § 103, Apr. 13, 1976, 90 Stat. 336, which related to exclusion of highly migratory species of fish from exclusive fishery management authority, was omitted in the general revision of this subchapter by section 101(b) of Pub. L. 99–659. See section 1812 of this title.
16 U.S.C. § 1826b (CONSERVATION)
§ 1826b. Duration of denial of port privileges and sanctions
Any denial of port privileges or sanction under section 1826a of this title with respect to a nation shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Congress that such nation has terminated large-scale driftnet fishing or illegal, unreported, or unregulated fishing by its nationals and vessels beyond the exclusive economic zone of any nation.
(Pub. L. 102–582, title I, § 102, Nov. 2, 1992, 106 Stat. 4903; Pub. L. 109–479, title IV, § 403(b)(2), Jan. 12, 2007, 120 Stat. 3632.)
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Amendments
text: 2007—Pub. L. 109–479 inserted “or illegal, unreported, or unregulated fishing” after “driftnet fishing”.
16 U.S.C. § 1826c (CONSERVATION)
§ 1826c. Definitions
In sections 1826a to 1826c of this title, the following definitions apply:
(1) Fish and fish products
The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by fishing vessels of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof.
(2) Large-scale driftnet fishing
(A) In general
Except as provided in subparagraph (B), the term “large-scale driftnet fishing” means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
(B) Exception
Until January 1, 1994, the term “large-scale driftnet fishing” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community.
(3) Large-scale driftnet fishing vessel
The term “large-scale driftnet fishing vessel” means any vessel which is—
(A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or
(B) used for aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing, including preparation, supply, storage, refrigeration, transportation, or processing.
(Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106 Stat. 4903.)
heading: References in Text
text: Sections 1826a to 1826c of this title, referred to in text, was in the original “this title”, meaning title I of Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which enacted sections 1826a to 1826c of this title and amended section 1371 of this title. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
16 U.S.C. § 1826d (CONSERVATION)
§ 1826d. Prohibition
The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
(Pub. L. 104–43, title VI, § 603, Nov. 3, 1995, 109 Stat. 392.)
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Congressional Findings
text: Pub. L. 104–43, title VI, § 602, Nov. 3, 1995, 109 Stat. 391, provided that:
“The Congress finds that—
“(1) Congress has enacted and the President has signed into law numerous Acts to control or prohibit large-scale driftnet fishing both within the jurisdiction of the United States and beyond the exclusive economic zone of any nation, including the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (title IV, Public Law 100–220) [16 U.S.C. 1822 note], the Driftnet Act Amendments of 1990 (Public Law 101–627) [16 U.S.C. 1826], and the High Seas Driftnet Fisheries Enforcement Act (title I, Public Law 102–582) [see Short Title of 1992 Amendment note set out under section 1801 of this title];
“(2) the United States is a party to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, also known as the Wellington Convention;
“(3) the General Assembly of the United Nations has adopted three resolutions and three decisions which established and reaffirm a global moratorium on large-scale driftnet fishing on the high seas, beginning with Resolution 44/225 in 1989 and most recently in Decision 48/445 in 1993;
“(4) the General Assembly of the United Nations adopted these resolutions and decisions at the request of the United States and other concerned nations;
“(5) the best scientific information demonstrates the wastefulness and potentially destructive impacts of large-scale driftnet fishing on living marine resources and seabirds; and
“(6) Resolution 46/215 of the United Nations General Assembly calls on all nations, both individually and collectively, to prevent large-scale driftnet fishing on the high seas.”
16 U.S.C. § 1826e (CONSERVATION)
§ 1826e. Negotiations
The Secretary of State, on behalf of the United States, shall seek to enhance the implementation and effectiveness of the United Nations General Assembly resolutions and decisions regarding the moratorium on large-scale driftnet fishing on the high seas through appropriate international agreements and organizations.
(Pub. L. 104–43, title VI, § 604, Nov. 3, 1995, 109 Stat. 392.)
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.