dreamproit/uscode huggingface dataset:
16 U.S.C. § 1908 (CONSERVATION)
§ 1908. Damage to natural and historical landmarks; procedures for determination and enforcement of abatement of damaging activities
(a) Whenever the Secretary of the Interior finds on his own motion or upon being notified in writing by an appropriate scientific, historical, or archeological authority, that a district, site, building, structure, or object which has been found to be nationally significant in illustrating natural history or the history of the United States and which has been designated as a natural or historical landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, he shall notify the person conducting such activity and submit a report thereon, including the basis for his finding that such activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate such activity.
(b) Omitted
(Pub. L. 94–429, § 9, Sept. 28, 1976, 90 Stat. 1343.)
heading: Codification
text: Subsec. (b) provided that within 2 years the Advisory Council on Historic Preservation report to Congress on effect of surface mining activities on natural and historical landmarks, including recommendations for protective legislation.
16 U.S.C. § 1909 (CONSERVATION)
§ 1909. Severability
If any provision of this chapter is declared to be invalid, such declaration shall not affect the validity of any other provision herein.
(Pub. L. 94–429, § 10, Sept. 28, 1976, 90 Stat. 1344.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–429, which, in addition to enacting this chapter, amended sections 123 and 450y–2 of this title, and repealed sections 350, 350a, 447, and 450z of this title.
16 U.S.C. § 1910 (CONSERVATION)
§ 1910. Civil actions for just compensation by mining claim holders
The holder of any patented or unpatented mining claim subject to this chapter who believes he has suffered a loss by operation of this chapter, or by orders or regulations issued pursuant thereto, may bring an action in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution.
(Pub. L. 94–429, § 11, Sept. 28, 1976, 90 Stat. 1344; Pub. L. 98–620, title IV, § 402(21), Nov. 8, 1984, 98 Stat. 3358.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–429, which, in addition to enacting this chapter, amended sections 123 and 450y–2 of this title, and repealed sections 350, 350a, 447, and 450z of this title.
heading: Amendments
text: 1984—Pub. L. 98–620 struck out provision which required the court to expedite its consideration of any claim brought pursuant to this section.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
16 U.S.C. § 1911 (CONSERVATION)
§ 1911. Acquisition of land by Secretary
Nothing in this chapter shall be construed to limit the authority of the Secretary to acquire lands and interests in lands within the boundaries of any unit of the National Park System. The Secretary is to give prompt and careful consideration to any offer made by the owner of any valid right or other property within the areas named in section 1905 of this title to sell such right or other property, if such owner notifies the Secretary that the continued ownership of such right or property is causing, or would result in, undue hardship.
(Pub. L. 94–429, § 12, Sept. 28, 1976, 90 Stat. 1344.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–429, which, in addition to enacting this chapter, amended sections 123 and 450y–2 of this title, and repealed sections 350, 350a, 447, and 450z of this title.
Section 1905 of this title, referred to in text, was omitted from the Code.
16 U.S.C. § 1912 (CONSERVATION)
§ 1912. Financial disclosure by officer or employee of Secretary
(a) Filing and availability of written statements; contents
Each officer or employee of the Secretary of the Interior who—
(1) performs any function or duty under this Act, or any Acts amended by this Act concerning the regulation of mining within the National Park System; and
(2) has any known financial interest (A) in any person subject to such Acts, or (B) in any person who holds a mining claim within the boundaries of units of the National Park System;
shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.
(b) Enforcement procedures
The Secretary shall—
(1) act within ninety days after September 28, 1976—
(A) to define the term “known financial interest” for purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and
(2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.
(c) Exemptions
In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within such agency which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.
(d) Violation; penalty
Any officer or employee who is subject to, and knowingly violates, this section or any regulation issued thereunder, shall be fined not more than $2,500 or imprisoned not more than one year, or both.
(Pub. L. 94–429, § 13, Sept. 28, 1976, 90 Stat. 1344.)
heading: References in Text
text: This Act, referred to in subsec. (a)(1), is Pub. L. 94–429, which enacted this chapter, amended sections 123 and 450y–2 of this title, and repealed sections 350, 350a, 447, and 450z of this title. For complete classification of this Act to the Code, see Tables.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of reporting provisions in subsec. (b)(2) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 110 of House Document No. 103–7.
16 U.S.C. § 2001 (CONSERVATION)
§ 2001. Congressional findings
The Congress finds that:
(1) There is a growing demand on the soil, water, and related resources of the Nation to meet present and future needs.
(2) The Congress, in its concern for sustained use of the resource base of the United States, has ensured that the Department of Agriculture possesses information, technical expertise, and a delivery system for providing assistance to land users with respect to conservation and use of soils; plants; woodlands; watershed protection and flood prevention; the conservation, development, utilization, and disposal of water; animal husbandry; fish and wildlife management; recreation; community development; and related resource uses.
(3) Appraisal and inventory of resources, assessment and inventory of conservation needs, evaluation of the effects of conservation practices, and analyses of alternative approaches to existing conservation programs are basic to effective soil, water, and related natural resource conservation.
(4) Since individual and governmental decisions concerning soil and water resources often transcend administrative boundaries and affect other programs and decisions, a coordinated appraisal and program framework are essential.
(Pub. L. 95–192, § 2, Nov. 18, 1977, 91 Stat. 1407; Pub. L. 103–354, title II, § 246(f)(2)(A), Oct. 13, 1994, 108 Stat. 3225; Pub. L. 110–234, title II, § 2804(a), May 22, 2008, 122 Stat. 1086; Pub. L. 110–246, § 4(a), title II, § 2804(a), June 18, 2008, 122 Stat. 1664, 1814.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Par. (2). Pub. L. 110–246, § 2804(a)(1), substituted “base of the” for “base, of the”.
Pars. (3), (4). Pub. L. 110–246, § 2804(a)(2), added par. (3), redesignated former par. (3) as (4), and struck out “Resource appraisal is basic to effective soil and water conservation.” before “Since individual”.
1994—Par. (2). Pub. L. 103–354 struck out “created the Soil Conservation Service” after “resource base,” and substituted “, has ensured that the Department of Agriculture” for “Department of Agriculture which” after “United States”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
heading: Short Title
text: Pub. L. 95–192, § 1, Nov. 18, 1977, 91 Stat. 1407, provided: “That this Act [enacting this chapter] may be cited as the ‘Soil and Water Resources Conservation Act of 1977’.”
16 U.S.C. § 2002 (CONSERVATION)
§ 2002. Definitions
As used in this chapter:
(1) The term “Secretary” means the Secretary of Agriculture.
(2) The term “soil, water, and related resources” means those resources which come within the scope of the programs administered and participated in by the Secretary of Agriculture.
(3) The term “soil and water conservation program” means a set of guidelines for attaining the purposes of this chapter.
(Pub. L. 95–192, § 3, Nov. 18, 1977, 91 Stat. 1407; Pub. L. 103–354, title II, § 246(f)(2)(B), Oct. 13, 1994, 108 Stat. 3225.)
heading: Amendments
text: 1994—Par. (2). Pub. L. 103–354 struck out “through the Soil Conservation Service” after “Agriculture”.
heading: Transfer of Functions
text: Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
16 U.S.C. § 2003 (CONSERVATION)
§ 2003. Congressional policy and declaration of purpose
(a) Responsiveness to long-term needs
In order to further the conservation of soil, water, and related resources, it is declared to be the policy of the United States and purpose of this chapter that the conduct of programs administered by the Secretary of Agriculture for the conservation of such resources shall be responsive to the long-term needs of the Nation, as determined under the provisions of this chapter.
(b) Full utilization of cooperative arrangements with State agencies
Recognizing that the arrangements under which the Federal Government cooperates with State soil and water conservation agencies and other appropriate State natural resource agencies such as those concerned with forestry and fish and wildlife and, through conservation districts, with other local units of government and land users, have effectively aided in the protection and improvement of the Nation’s basic resources, including the restoration and maintenance of resources damaged by improper use, it is declared to be the policy of the United States that these arrangements and similar cooperative arrangements should be utilized to the fullest extent practicable to achieve the purpose of this chapter consistent with the roles and responsibilities of the non-Federal agencies, landowners and land users.
(c) Attainment of policies and purposes
The Secretary shall promote the attainment of the policies and purposes expressed in this chapter by—
(1) appraising on a continuing basis the soil, water, and related resources of the Nation;
(2) developing and updating periodically a program for furthering the conservation, protection, and enhancement of the soil, water, and related resources of the Nation consistent with the roles and program responsibilities of other Federal agencies and State and local governments; and
(3) providing to Congress and the public, through reports, the information developed pursuant to paragraphs (1) and (2) of this subsection, and by providing Congress with an annual evaluation report as provided in section 2006 of this title.
(Pub. L. 95–192, § 4, Nov. 18, 1977, 91 Stat. 1407.)
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 2002 of this title.
16 U.S.C. § 2008 (CONSERVATION)
§ 2008. Utilization of available information and data
In the implementation of this chapter, the Secretary shall utilize information and data available from other Federal, State, and local governments, and private organizations and he shall coordinate his actions with the resource appraisal and planning efforts of other Federal agencies and avoid unnecessary duplication and overlap of planning and program efforts.
(Pub. L. 95–192, § 9, Nov. 18, 1977, 91 Stat. 1411.)
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 2002 of this title.
16 U.S.C. § 2009 (CONSERVATION)
§ 2009. Termination of program
The provisions of this chapter shall terminate on December 31, 2018.
(Pub. L. 95–192, § 10, Nov. 18, 1977, 91 Stat. 1411; Pub. L. 99–198, title XII, § 1252(d), Dec. 23, 1985, 99 Stat. 1517; Pub. L. 110–234, title II, § 2804(e), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2804(e), June 18, 2008, 122 Stat. 1664, 1816.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2804(e), substituted “2018” for “2008”.
1985—Pub. L. 99–198 substituted “2008” for “1985”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 2106b (CONSERVATION)
§ 2106b. Use of money collected from States for fire suppression assistance
Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not in the vicinity of National Forest System lands shall on and after October 21, 1998, be used to reimburse the applicable appropriation and shall remain available until expended as the Secretary may direct in conducting activities authorized by 16 U.S.C. 2101 note, 2101–2110, 1606, and 2111.
(Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–273.)
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 Cooperative Forestry Assistance Act of 1978 which comprises this chapter.
heading: Similar Provisions
text: Provisions similar to this section were contained in the following prior appropriation acts:
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1577.
Pub. L. 104–208, div. A, title I, § 101(d) [title II], Sept. 30, 1996, 110 Stat. 3009–181, 3009–208.
Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–185; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1402.
Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1018.
Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1943.
Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 727.
Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1810.
16 U.S.C. § 2108 (CONSERVATION)
§ 2108. Consolidation of payments
(a) Request by State; excluded funds
To provide flexibility in funding activities authorized under this chapter, the Secretary may, upon the request of any State, consolidate the annual financial assistance payments to that State under this chapter, in lieu of functional cost sharing mechanisms, formulas, or agreements. However, consolidated payments shall not include money appropriated under section 2103 of this title or money from any special Treasury fund established under this chapter.
(b) State forest resources programs as basis
Consolidation of payments made under this section shall be based upon State forest resources programs developed by State foresters or equivalent State officials, and reviewed by the Secretary.
(c) Amount of payments
Consolidated payments to any State during any fiscal year shall not exceed the total amount of non-Federal funds expended within the State during that year to implement its State forest resources program. However, the Secretary may make payments that exceed the non-Federal amount expended for selected activities under the program, if the total Federal expenditure during any fiscal year does not exceed the total non-Federal expenditure during that year under the State forest resources program.
(d) Certification requirement by State forester or equivalent State official for Federal payment
The Secretary may make consolidated payments on the certificate of the State forester or equivalent State official that the conditions for Federal payment have been met.
(e) Administration of consolidated payments program not to adversely affect, etc., other programs
The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any program authorized under this chapter.
(f) Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in determining base amount
Subject to applicable appropriation Acts, the total annual amount of financial assistance to any participating State after July 1, 1978, shall not be less than the base amount of financial assistance provided to that State under all the provisions of law specified in section 2111 of this title during the fiscal year in which this chapter is enacted. However, financial assistance for special projects of two years or less duration shall not be included in determining the base amount for any participating State.
(Pub. L. 95–313, § 12, formerly § 9, July 1, 1978, 92 Stat. 372; renumbered § 12 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.)
heading: Prior Provisions
text: A prior section 12 of Pub. L. 95–313, which amended section 1606 of this title and enacted provisions set out as a note under that section, was renumbered section 15.
heading: Amendments
text: 1990—Subsec. (f). Pub. L. 101–624, § 1224(2), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 2109a (CONSERVATION)
§ 2109a. Competitive allocation of funds to State foresters or equivalent State officials
(a) Competition
Beginning not later than 3 years after the date of the enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall competitively allocate a portion, to be determined by the Secretary, of the funds available under this chapter to State foresters or equivalent State officials.
(b) Determination
In determining the competitive allocation of funds under subsection (a), the Secretary shall consult with the Forest Resource Coordinating Committee established by section 2113(a) of this title.
(c) Priority
The Secretary shall give priority for funding to States for which the long-term State-wide forest resource strategies submitted under section 2101a(a)(2) of this title will best promote the national priorities specified in section 2101(c) of this title.
(Pub. L. 95–313, § 13A, as added Pub. L. 110–234, title VIII, § 8007, May 22, 2008, 122 Stat. 1285, and Pub. L. 110–246, § 4(a), title VIII, § 8007, June 18, 2008, 122 Stat. 1664, 2047.)
heading: References in Text
text: The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.