dreamproit/uscode huggingface dataset:
16 U.S.C. § 4202 (CONSERVATION)
§ 4202. Findings
The Congress finds the following:
(1) Elephant populations in Africa have declined at an alarming rate since the mid-1970’s.
(2) The large illegal trade in African elephant ivory is the major cause of this decline and threatens the continued existence of the African elephant.
(3) The African elephant is listed as threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and its continued existence will be further jeopardized if this decline is not reversed.
(4) Because African elephant ivory is indistinguishable from Asian elephant ivory, there is a need to ensure that the trade in African elephant ivory does not further endanger the Asian elephant, which is listed as endangered under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of CITES.
(5) In response to the significant illegal trade in African elephant ivory, the parties to CITES established the CITES Ivory Control System to curtail the illegal trade and to encourage African countries to manage, conserve, and protect their African elephant populations.
(6) The CITES Ivory Control System entered into force recently and should be allowed to continue in force for a reasonable period of time to assess its effectiveness in curtailing the illegal trade in African elephant ivory.
(7) Although some African countries have effective African elephant conservation programs, many do not have sufficient resources to properly manage, conserve, and protect their elephant populations.
(8) The United States, as a party to CITES and a large market for worked ivory, shares responsibility for supporting and implementing measures to stop the illegal trade in African elephant ivory and to provide for the conservation of the African elephant.
(9) There is no evidence that sport hunting is part of the poaching that contributes to the illegal trade in African elephant ivory, and there is evidence that the proper utilization of well-managed elephant populations provides an important source of funding for African elephant conservation programs.
(Pub. L. 100–478, title II, § 2003, Oct. 7, 1988, 102 Stat. 2315.)
heading: References in Text
text: The Endangered Species Act of 1973, referred to in par. (3), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
16 U.S.C. § 4212 (CONSERVATION)
§ 4212. Acceptance and use of donations
The Secretary may accept and use donations of funds to provide assistance under this subchapter. Amounts received by the Secretary in the form of such donations shall be transferred by the Secretary to the Secretary of the Treasury for deposit into the Fund.
(Pub. L. 100–478, title II, § 2102, Oct. 7, 1988, 102 Stat. 2317; Pub. L. 107–111, § 6(a)(2), Jan. 8, 2002, 115 Stat. 2096.)
heading: Amendments
text: 2002—Pub. L. 107–111 redesignated heading and text of subsec. (d) as entire section and struck out former section catchline and headings and text of subsecs. (a) to (c). Prior to amendment, text of subsecs. (a) to (c) related to establishment in the Treasury of the African Elephant Conservation Fund, consisting of deposits by the Secretary of the Treasury of unused funds from penalties under section 4224 of this title, donations under this section, and appropriations, to be used to provide assistance under this subchapter, with not more than three percent of appropriated funds per fiscal year used to administer the Fund.
16 U.S.C. § 4213 (CONSERVATION)
§ 4213. Omitted
heading: Codification
text: Section, Pub. L. 100–478, title II, § 2103, Oct. 7, 1988, 102 Stat. 2317, which required the Secretary of the Interior to submit an annual report to Congress regarding the African Elephant Conservation Fund formerly established by section 4212 of this title and the status of the African elephant, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 107 of House Document No. 103–7.
16 U.S.C. § 4214 (CONSERVATION)
§ 4214. Advisory group
(a) In general
To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of African elephants.
(b) Public participation
(1) Meetings
The Advisory Group 1 shall—
(A) ensure that each meeting of the advisory group is open to the public; and
(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.
(2) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group.
(3) Minutes
Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.
(c) Exemption from Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.
(Pub. L. 100–478, title II, § 2104, as added Pub. L. 107–111, § 4, Jan. 8, 2002, 115 Stat. 2095; amended Pub. L. 107–141, § 5(b)(2)(A), Feb. 12, 2002, 116 Stat. 14.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–141 made technical amendment to reference in original act which appears in text as reference to this chapter.
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–141, § 5(b)(2), Feb. 12, 2002, 116 Stat. 14, provided that the amendment by section 5(b)(2) of Pub. L. 107–141 is effective on the day after Jan. 8, 2002.
16 U.S.C. § 4224 (CONSERVATION)
§ 4224. Penalties and enforcement
(a) Criminal violations
Whoever knowingly violates section 4223 of this title shall, upon conviction, be fined under title 18 or imprisoned for not more than one year, or both.
(b) Civil violations
Whoever violates section 4223 of this title may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation.
(c) Procedures for assessment of civil penalty
Proceedings for the assessment of a civil penalty under this section shall be conducted in accordance with the procedures provided for in section 1540(a) of this title.
(d) Use of penalties
Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under section 4225 of this title and, to the extent not used to pay such rewards, shall be deposited by the Secretary of the Treasury into the Fund.
(e) Enforcement
The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subchapter in the same manner such Secretaries carry out enforcement activities under section 1540(e) of this title. Section 1540(c) of this title shall apply to actions arising under this subchapter.
(Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.)
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. § 4241 (CONSERVATION)
§ 4241. Relationship to Endangered Species Act of 1973
The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the Secretary’s authority under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
(Pub. L. 100–478, title II, § 2302, Oct. 7, 1988, 102 Stat. 2321.)
heading: References in Text
text: The Endangered Species Act of 1973, referred to in text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The Lacey Act Amendments of 1981, referred to in text, is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to chapter 53 (§ 3371 et seq.) 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. § 4244 (CONSERVATION)
§ 4244. Definitions
In this chapter—
(1) the term “African elephant” means any animal of the species loxodonta africana;
(2) the term “CITES” means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;
(3) the term “CITES Ivory Control System” means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory;
(4) the term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [16 U.S.C. 4246];
(5) the terms “import” and “importation” have the meanings such terms have in the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(6) the term “intermediary country” means a country that exports raw or worked ivory that does not originate in that country;
(7) the term “ivory producing country” means any African country within which is located any part of the range of a population of African elephants;
(8) the term “ivory quota” means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System;
(9) the term “personal effects” means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage;
(10) the term “raw ivory” means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved;
(11) the term “Secretary” means the Secretary of the Interior;
(12) the term “United States” means the fifty States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and
(13) the term “worked ivory” means any African elephant tusk, and any piece thereof, which is not raw ivory.
(Pub. L. 100–478, title II, § 2305, Oct. 7, 1988, 102 Stat. 2322; Pub. L. 107–111, § 6(a)(4), Jan. 8, 2002, 115 Stat. 2096.)
heading: References in Text
text: Division A, section 101(e), title I of Public Law 105–277, referred to in par. (4), 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.
The Endangered Species Act of 1973, referred to in par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
heading: Amendments
text: 2002—Par. (4). Pub. L. 107–111 substituted “the account established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘multinational species conservation fund’ ” for “the African Elephant Conservation Fund established by section 4212 of this title”.
16 U.S.C. § 4245 (CONSERVATION)
§ 4245. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund and to the Secretary a total of not to exceed $5,000,000 for each of fiscal years 2007 through 2012 to carry out this chapter, to remain available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(Pub. L. 100–478, title II, § 2306, Oct. 7, 1988, 102 Stat. 2323; Pub. L. 102–440, title III, § 302, Oct. 23, 1992, 106 Stat. 2234; Pub. L. 105–217, § 2, Aug. 5, 1998, 112 Stat. 911; Pub. L. 107–111, §§ 2, 3, Jan. 8, 2002, 115 Stat. 2095; Pub. L. 107–141, § 5(b)(2)(B), Feb. 12, 2002, 116 Stat. 14; Pub. L. 110–132, § 2(b), (c), Dec. 6, 2007, 121 Stat. 1360.)
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–132, § 2(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–132, § 2(b), substituted “$100,000” for “$80,000”.
2002—Subsec. (b). Pub. L. 107–141 made technical amendment to reference in original act which appears in two places in text as reference to this chapter.
Pub. L. 107–111 designated existing provisions as subsec. (a), inserted heading, substituted “is authorized” for “are authorized” and “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1997, 1998, 1999, 2000, 2001, and 2002”, and added subsec. (b).
1998—Pub. L. 105–217 substituted “fiscal years 1997, 1998, 1999, 2000, 2001, and 2002” for “fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998”.
1992—Pub. L. 102–440 substituted “fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998” for “fiscal years 1989, 1990, 1991, 1992, and 1993”.
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–141, § 5(b)(2), Feb. 12, 2002, 116 Stat. 14, provided that the amendment by section 5(b)(2) of Pub. L. 107–141 is effective on the day after Jan. 8, 2002.
16 U.S.C. § 4246 (CONSERVATION)
§ 4246. Multinational Species Conservation Fund
In fiscal year 1999 and thereafter, donations to provide assistance under section 5304 of this title, part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 4264 of this title shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, all penalties received by the United States under section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225) shall be deposited to this Fund to provide assistance under section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, not more than three percent of amounts appropriated to this Fund may be used by the Secretary of the Interior to administer the Fund.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–237; Pub. L. 107–111, § 6(b), Jan. 8, 2002, 115 Stat. 2096; Pub. L. 107–112, § 6(b), Jan. 8, 2002, 115 Stat. 2098; Pub. L. 107–141, § 5(b)(1), Feb. 12, 2002, 116 Stat. 14.)
heading: References in Text
text: The African Elephant Conservation Act, referred to in text, is title II of Pub. L. 100–478, Oct. 7, 1988, 102 Stat. 2315, as amended. Part I of the Act is classified generally to subchapter I (§ 4211 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4201 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the African Elephant Conservation Act which comprises this chapter.
heading: Amendments
text: 2002—Pub. L. 107–141 substituted “section 5304 of this title, part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 4264 of this title” for “section 5304 of the Rhinoceros and Tiger Conservation Act of 1994, part I of the African Elephant Conservation Act, and section 4265 of this title”, “section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224)” for “16 U.S.C. 4224”, “section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225)” for “16 U.S.C. 4225”, and “section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211)” for “16 U.S.C. 4211”.
Pub. L. 107–111 and Pub. L. 107–112 amended section identically, substituting “Rhinoceros and Tiger Conservation Act of 1994, part I” for “Rhinoceros and Tiger Conservation Act, subchapter I”.
16 U.S.C. § 4261 (CONSERVATION)
§ 4261. Findings
The Congress finds the following:
(1) Asian elephant populations in nations within the range of Asian elephants have continued to decline to the point that the long-term survival of the species in the wild is in serious jeopardy.
(2) The Asian elephant is listed as an endangered species under section 1533 of this title and under appendix I of the Convention on International Trade of Endangered Species of Wild Fauna and Flora.
(3) Because the challenges facing the conservation of Asian elephants are so great, resources to date have not been sufficient to cope with the continued loss of habitat and the consequent diminution of Asian elephant populations.
(4) The Asian elephant is a flagship species for the conservation of tropical forest habitats in which it is found and provides the consequent benefit from such conservation to numerous other species of wildlife including many other endangered species.
(5) Among the threats to the Asian elephant in addition to habitat loss are population fragmentation, human-elephant conflict, poaching for ivory, meat, hide, bones and teeth, and capture for domestication.
(6) To reduce, remove, or otherwise effectively address these threats to the long-term viability of populations of Asian elephants in the wild will require the joint commitment and effort of nations within the range of Asian elephants, the United States and other countries, and the private sector.
(Pub. L. 105–96, § 2, Nov. 19, 1997, 111 Stat. 2150.)
heading: Short Title of 2007 Amendment
text: Pub. L. 110–133, § 1, Dec. 6, 2007, 121 Stat. 1362, provided that: “This Act [amending sections 4264 and 4266 of this title] may be cited as the ‘Asian Elephant Conservation Reauthorization Act of 2007’.”
heading: Short Title of 2002 Amendment
text: Pub. L. 107–141, § 1, Feb. 12, 2002, 116 Stat. 13, provided that: “This Act [enacting section 4265a of this title, amending sections 3709, 4214, 4245, 4246, 4263, 4265, and 4266 of this title, and enacting provisions set out as a note under section 4214 of this title] may be cited as the ‘Asian Elephant Conservation Reauthorization Act of 2002’.”
heading: Short Title
text: Pub. L. 105–96, § 1, Nov. 19, 1997, 111 Stat. 2150, provided that: “This Act [enacting this chapter] may be cited as the ‘Asian Elephant Conservation Act of 1997’.”
16 U.S.C. § 4263 (CONSERVATION)
§ 4263. Definitions
In this chapter:
(1) The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices.
(2) The term “conservation” means the use of methods and procedures necessary to bring Asian elephants to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including all activities associated with scientific resource management, such as conservation, protection, restoration, acquisition, and management of habitat; research and monitoring of known populations; assistance in the development of management plans for managed elephant ranges; CITES enforcement; law enforcement through community participation; translocation of elephants; conflict resolution initiatives; and community outreach and education.
(3) The term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [16 U.S.C. 4246].
(4) The term “Secretary” means the Secretary of the Interior.
(5) The term “Administrator” means the Administrator of the Agency for International Development.
(Pub. L. 105–96, § 4, Nov. 19, 1997, 111 Stat. 2151; Pub. L. 107–141, § 5(a)(1), Feb. 12, 2002, 116 Stat. 14.)
heading: References in Text
text: Division A, section 101(e), title I of Public Law 105–277, referred to in par. (3), 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.
heading: Amendments
text: 2002—Par. (3). Pub. L. 107–141 substituted “the account established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘multinational species conservation fund’ ” for “the Asian Elephant Conservation Fund established under section 4265(a) of this title”.
16 U.S.C. § 4265 (CONSERVATION)
§ 4265. Acceptance and use of donations
The Secretary may accept and use donations to provide assistance under section 4264 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. 105–96, § 6, Nov. 19, 1997, 111 Stat. 2153; Pub. L. 107–141, § 5(a)(2), Feb. 12, 2002, 116 Stat. 14.)
heading: Amendments
text: 2002—Pub. L. 107–141 substituted “Acceptance and use of donations” for “Asian Elephant Conservation Fund” as section catchline, struck out subsecs. (a) to (c), which related to establishment, deposits into, and use of the Asian Elephant Conservation Fund, redesignated subsec. (d) as entire section and struck out subsec. heading.
16 U.S.C. § 4265a (CONSERVATION)
§ 4265a. Advisory group
(a) In general
To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of Asian elephants.
(b) Public participation
(1) Meetings
The Advisory Group shall—
(A) ensure that each meeting of the advisory group is open to the public; and
(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.
(2) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group.
(3) Minutes
Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.
(c) Exemption from Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.
(Pub. L. 105–96, § 7, as added Pub. L. 107–141, § 4, Feb. 12, 2002, 116 Stat. 13.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 7 of Pub. L. 105–96 was renumbered section 8 and is classified to section 4266 of this title.