dreamproit/uscode huggingface dataset:
16 U.S.C. § 4266 (CONSERVATION)
§ 4266. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2007 through 2012 to carry out this chapter, which may 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. 105–96, § 8, formerly § 7, Nov. 19, 1997, 111 Stat. 2153; renumbered § 8 and amended Pub. L. 107–141, §§ 2–4, Feb. 12, 2002, 116 Stat. 13; Pub. L. 110–133, § 2(b), (c), Dec. 6, 2007, 121 Stat. 1362.)
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–133, § 2(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–133, § 2(b), substituted “$100,000” for “$80,000”.
2002—Pub. L. 107–141, § 3, designated existing provisions as subsec. (a), inserted heading, substituted “There is authorized” for “There are authorized”, and added subsec. (b).
Pub. L. 107–141, § 2, substituted “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1998, 1999, 2000, 2001, and 2002”.
16 U.S.C. § 4302 (CONSERVATION)
§ 4302. Definitions
For purposes of this chapter:
(1) Cave
The term “cave” means any naturally occurring void, cavity, recess, or system of interconnected passages which occurs beneath the surface of the earth or within a cliff or ledge (including any cave resource therein, but not including any vug, mine, tunnel, aqueduct, or other manmade excavation) and which is large enough to permit an individual to enter, whether or not the entrance is naturally formed or manmade. Such term shall include any natural pit, sinkhole, or other feature which is an extension of the entrance.
(2) Federal lands
The term “Federal lands” means lands the fee title to which is owned by the United States and administered by the Secretary of Agriculture or the Secretary of the Interior.
(3) Indian lands
The term “Indian lands” means lands of Indian tribes or Indian individuals which are either held in trust by the United States for the benefit of an Indian tribe or subject to a restriction against alienation imposed by the United States.
(4) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims settlement 1 Act (43 U.S.C. 1601 et seq.).
(5) Cave resource
The term “cave resource” includes any material or substance occurring naturally in caves on Federal lands, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems.
(6) Secretary
The term “Secretary” means the Secretary of Agriculture or the Secretary of the Interior, as appropriate.
(7) Speleothem
The term “speleothem” means any natural mineral formation or deposit occurring in a cave or lava tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or mud.
(8) Speleogen
The term “speleogen” means relief features on the walls, ceiling, and floor of any cave or lava tube which are part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves.
(Pub. L. 100–691, § 3, Nov. 18, 1988, 102 Stat. 4546.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
16 U.S.C. § 4304 (CONSERVATION)
§ 4304. Confidentiality of information concerning nature and location of significant caves
(a) In general
Information concerning the specific location of any significant cave may not be made available to the public under section 552 of title 5 unless the Secretary determines that disclosure of such information would further the purposes of this chapter and would not create a substantial risk of harm, theft, or destruction of such cave.
(b) Exceptions
Notwithstanding subsection (a) of this section, the Secretary may make available information regarding significant caves upon the written request by Federal and State governmental agencies or bona fide educational and research institutions. Any such written request shall, at a minimum—
(1) describe the specific site or area for which information is sought;
(2) explain the purpose for which such information is sought; and
(3) include assurances satisfactory to the Secretary that adequate measures are being taken to protect the confidentiality of such information and to ensure the protection of the significant cave from destruction by vandalism and unauthorized use.
(Pub. L. 100–691, § 5, Nov. 18, 1988, 102 Stat. 4548.)
16 U.S.C. § 4306 (CONSERVATION)
§ 4306. Prohibited acts and criminal penalties
(a) Prohibited acts
(1) Any person who, without prior authorization from the Secretary knowingly destroys, disturbs, defaces, mars, alters, removes or harms any significant cave or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands, or enters a significant cave with the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b) of this section.
(2) Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands shall be punished in accordance with subsection (b) of this section.
(3) Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subsection shall be punished in accordance with section 1 (b) of this section.
(4) Nothing in this section shall be deemed applicable to any person who was in lawful possession of a cave resource from a significant cave prior to November 18, 1988.
(b) Punishment
The punishment for violating any provision of subsection (a) of this section shall be imprisonment of not more than one year or a fine in accordance with the applicable provisions of title 18, or both. In the case of a second or subsequent violation, the punishment shall be imprisonment of not more than 3 years or a fine in accordance with the applicable provisions of title 18, or both.
(Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)
16 U.S.C. § 4307 (CONSERVATION)
§ 4307. Civil penalties
(a) Assessment
(1) The Secretary may issue an order assessing a civil penalty against any person who violates any prohibition contained in this chapter, any regulation promulgated pursuant to this chapter, or any permit issued under this chapter. Before issuing such an order, the Secretary shall provide such person written notice and the opportunity to request a hearing on the record within 30 days. Each violation shall be a separate offense, even if such violations occurred at the same time.
(2) The amount of such civil penalty shall be determined by the Secretary taking into account appropriate factors, including (A) the seriousness of the violation; (B) the economic benefit (if any) resulting from the violation; (C) any history of such violations; and (D) such other matters as the Secretary deems appropriate. The maximum fine permissible under this section is $10,000.
(b) Judicial review
Any person aggrieved by an assessment of a civil penalty under this section may file a petition for judicial review of such assessment with the United States District Court for the District of Columbia or for the district in which the violation occurred. Such a petition shall be filed within the 30-day period beginning on the date the order assessing the civil penalty was issued.
(c) Collection
If any person fails to pay an assessment of a civil penalty—
(1) within 30 days after the order was issued under subsection (a) of this section, or
(2) if the order is appealed within such 30-day period, within 10 days after court has entered a final judgment in favor of the Secretary under subsection (b) of this section,
the Secretary shall notify the Attorney General and the Attorney General shall bring a civil action in an appropriate United States district court to recover the amount of penalty assessed (plus costs, attorney’s fees, and interest at currently prevailing rates from the date the order was issued or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.
(d) Subpoenas
The Secretary may issue subpoenas in connection with proceedings under this subsection compelling the attendance and testimony of witnesses and subpoenas duces tecum, and may request the Attorney General to bring an action to enforce any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanctions.
(Pub. L. 100–691, § 8, Nov. 18, 1988, 102 Stat. 4550.)
16 U.S.C. § 4308 (CONSERVATION)
§ 4308. Miscellaneous provisions
(a) Authorization of appropriations
There are authorized to be appropriated $100,000 to carry out the purposes of this chapter.
(b) Effect on land management plans
Nothing in this chapter shall require the amendment or revision of any land management plan the preparation of which began prior to November 18, 1988.
(c) Fund
Any money collected by the United States as permit fees for collection and removal of cave resources; received by the United States as a result of the forfeiture of a bond or other security by a permittee who does not comply with the requirements of such permit issued under section 4306 of this title; or collected by the United States by way of civil penalties or criminal fines for violations of this chapter shall be placed in a special fund in the Treasury. Such moneys shall be available for obligation or expenditure (to the extent provided for in advance in appropriation Acts) as determined by the Secretary for the improved management, benefit, repair, or restoration of significant caves located on Federal lands.
(d) Existing rights
Nothing in this chapter shall be deemed to affect the full operation of the mining and mineral leasing laws of the United States, or otherwise affect valid existing rights.
(Pub. L. 100–691, § 9, Nov. 18, 1988, 102 Stat. 4550.)
heading: References in Text
text: The mining laws and mineral leasing laws of the United States, referred to in subsec. (d), are classified generally to Title 30, Mineral Lands and Mining.
16 U.S.C. § 4406 (CONSERVATION)
§ 4406. Amounts available to carry out this chapter
(a) Omitted
(b) Migratory bird fines, penalties, forfeitures
The sums received under section 707 of this title as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title. This subsection shall not be construed to require the sale of instrumentalities.
(c) Authorization of appropriations
In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title not to exceed—
(1) $55,000,000 for fiscal year 2003;
(2) $60,000,000 for fiscal year 2004;
(3) $65,000,000 for fiscal year 2005;
(4) $70,000,000 for fiscal year 2006; and
(5) $75,000,000 for each of fiscal years 2008 through 2012.
(d) Availability of funds
Sums made available under this section shall be available until expended.
(Pub. L. 101–233, § 7, Dec. 13, 1989, 103 Stat. 1974; Pub. L. 103–375, § 4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105–312, title III, § 302, Oct. 30, 1998, 112 Stat. 2958; Pub. L. 106–553, § 1(a)(2) [title IX, § 902(i)], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; Pub. L. 107–308, § 5, Dec. 2, 2002, 116 Stat. 2447; Pub. L. 109–322, § 2, Oct. 11, 2006, 120 Stat. 1756.)
heading: Codification
text: Section is comprised of section 7 of Pub. L. 101–233. Subsec. (a) of section 7 of Pub. L. 101–233 amended sections 669b and 669c of this title and enacted provisions set out as a note under section 669b of this title.
heading: Amendments
text: 2006—Subsec. (c)(5). Pub. L. 109–322 substituted “each of fiscal years 2008 through 2012” for “fiscal year 2007”.
2002—Subsec. (c). Pub. L. 107–308 substituted “not to exceed—” and pars. (1) to (5) for “not to exceed $50,000,000 for each of fiscal years 1999 through 2003.”
2000—Subsec. (c). Pub. L. 106–553 substituted “$50,000,000” for “$30,000,000”.
1998—Subsec. (c). Pub. L. 105–312 substituted “not to exceed $30,000,000 for each of fiscal years 1999 through 2003.” for “not to exceed $20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998.”
1994—Subsec. (c). Pub. L. 103–375 substituted “$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998” for “$15,000,000 for each of fiscal years 1991, 1992, 1993, and 1994”.
16 U.S.C. § 4409 (CONSERVATION)
§ 4409. Report to Congress
The Secretary shall report to the appropriate Committees on the implementation of this chapter. The report shall include—
(1) a biennial assessment of—
(A) the estimated number of acres of wetlands and habitat for waterfowl and other migratory birds that were restored, protected, or enhanced during such two-year period by Federal, State, and local agencies and other entities in the United States, Canada, and Mexico;
(B) trends in the population size and distribution of North American migratory birds;
(C) the status of efforts to establish agreements with nations in the Western Hemisphere pursuant to section 4413 of this title; and
(D) wetlands conservation projects funded under this chapter, listed and identified by type, conservation mechanism (such as acquisition, easement, or lease), location, and duration; and
(2) an annual assessment of the status of wetlands conservation projects, including an accounting of expenditures by Federal, State, and other United States entities, and expenditures by Canadian and Mexican sources to carry out these projects.
(Pub. L. 101–233, § 10, Dec. 13, 1989, 103 Stat. 1976; Pub. L. 103–375, § 2(b), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107–308, § 8(a)(12), (13), Dec. 2, 2002, 116 Stat. 2448.)
heading: References in Text
text: Section 4413 of this title, referred to in par. (1)(C), was in the original a reference to section 16 of Pub. L. 101–233 which enacted section 4413 of this title and amended section 2912 of this title.
heading: Amendments
text: 2002—Par. (1)(C). Pub. L. 107–308, § 8(a)(12), substituted “Western Hemisphere” for “western hemisphere” and made technical amendment to reference in original act which appears in text as reference to section 4413 of this title.
Par. (1)(D). Pub. L. 107–308, § 8(a)(13), substituted “; and” for period at end.
1994—Par. (1)(D). Pub. L. 103–375 added subpar. (D).
16 U.S.C. § 4410 (CONSERVATION)
§ 4410. Revisions to Plan
The Secretary shall, in 1998 and at five-year intervals thereafter, undertake with the appropriate officials in Canada and Mexico to revise the goals and other elements of the Plan in accordance with the information required under section 4409 of this title and with the other provisions of this chapter.
(Pub. L. 101–233, § 11, Dec. 13, 1989, 103 Stat. 1976; Pub. L. 103–375, § 2(c), Oct. 19, 1994, 108 Stat. 3494.)
heading: Amendments
text: 1994—Pub. L. 103–375 substituted “1998” for “1991”, inserted “and Mexico” after “Canada”, and struck out at end “The Secretary shall invite and encourage the appropriate officials in Mexico to participate in any revisions of the Plan.”
16 U.S.C. § 4411 (CONSERVATION)
§ 4411. Relationship to other authorities
(a) Acquisition of lands and waters
Nothing in this chapter affects, alters, or modifies the Secretary’s authorities, responsibilities, obligations, or powers to acquire lands or waters or interests therein under any other statute.
(b) Mitigation
The Federal funds made available under this chapter and section 669b(b) of this title may not be used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) or the Water Resources Development Act of 1986, Public Law 99–662 (1986), 100 Stat. 4235.
(Pub. L. 101–233, § 12, Dec. 13, 1989, 103 Stat. 1977.)
heading: References in Text
text: The Fish and Wildlife Coordination Act, referred to in subsec. (b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is classified generally to sections 661 to 666c of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.
The Water Resources Development Act of 1986, referred to in subsec. (b), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of Title 33, Navigation and Navigable Waters, and Tables.
16 U.S.C. § 4413 (CONSERVATION)
§ 4413. Other agreements
The Secretary shall undertake with the appropriate officials of nations in the Western Hemisphere to establish agreements, modeled after the Plan or the Agreement, for the protection of migratory birds identified in section 2912(a)(5) of this title. When any such agreements are reached, the Secretary shall make recommendations to the appropriate Committees on legislation necessary to implement the agreements.
(Pub. L. 101–233, § 16(a), Dec. 13, 1989, 103 Stat. 1977; Pub. L. 107–308, § 8(a)(14), Dec. 2, 2002, 116 Stat. 2448.)
heading: Amendments
text: 2002—Pub. L. 107–308 substituted “Western Hemisphere” for “western hemisphere”.
16 U.S.C. § 4502a (CONSERVATION)
§ 4502a. Tropical forestry research and assistance
(a) Assistance
To promote sound management and conservation of tropical forests of the United States and to promote the development and transfer of technical, managerial, educational, and administrative skills to managers of tropical forests within or outside the United States, the Secretary of Agriculture is authorized to provide assistance through the Forest Service to eligible entities in States with tropical forests to—
(1) develop, promote, and demonstrate sustainable harvesting of native woods and other forest products on a sustainable yield basis in balance with natural resource conservation;
(2) promote habitat preservation and species protection or recovery;
(3) protect indigenous plant and animal species and essential watersheds from non-native animals, plants, and pathogens;
(4) establish biological control agents for non-native species that threaten natural ecosystems;
(5) establish a monitoring system in tropical forests to identify baseline conditions and determine detrimental changes or improvements over time;
(6) detect and appraise stresses affecting tropical forests caused by insect infestations, diseases, pollution, fire, and non-native animal and plant species, and by the influence of people;
(7) determine the causes of changes that are detected through experimentation, intensive monitoring, and data collection at affected tropical forest sites; and
(8) engage in research, demonstration, education, training, and outreach that furthers the objectives of this subsection.
(b) Form of assistance
Assistance provided to eligible entities under this section may be in the form of grants, contracts, or cooperative agreements.
(c) Definitions
As used in this section:
(1) Eligible entity
The term “eligible entity” means a State forester or equivalent State official, State, political subdivision of a State, Federal agency, private organization, corporation, or other private person.
(2) State
The term “State” means each of the 50 States, Guam, American Samoa, the Republic of Palau (until the Compact of Free Association enters into effect), Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 102–574, § 3, Oct. 29, 1992, 106 Stat. 4596.)
heading: References in Text
text: For Oct. 1, 1994, as the date the Compact of Free Association with the Republic of Palau enters into effect, referred to in subsec. (c)(2), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.
heading: Codification
text: Section was enacted as part of the Hawaii Tropical Forest Recovery Act, and not as part of the International Forestry Cooperation Act of 1990 which comprises this chapter.
heading: Authorization of Appropriations
text: Pub. L. 102–574, § 5, Oct. 29, 1992, 106 Stat. 4599, provided that: “There are authorized to be appropriated such sums as are necessary to carry out sections 3 and 4 [enacting this section and provisions set out as a note under 4503a of this title].”
16 U.S.C. § 4503 (CONSERVATION)
§ 4503. Institute of Tropical Forestry in Puerto Rico
(a) Expansion
The Secretary shall expand the capabilities of and construct additional facilities at the Caribbean National Forest and Institute of Tropical Forestry in Puerto Rico, as the Secretary determines necessary to support the purpose of this chapter, and as funds are appropriated for such expansion and construction.
(b) Tropical forestry plans
Not later than 1 year after November 5, 1990, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and to the Committees on Appropriations of the Senate and House of Representatives, a tropical forestry plan for the expansion and construction of additional facilities under subsection (a) of this section. Such plan shall include provisions for—
(1) the construction or acquisition of a major center for education, interpretation, and appreciation of the benefits and methods of the intelligent management of tropical forests;
(2) the acquisition or construction of facilities for housing and classroom instruction near the Caribbean National Forest/Luguillo Experimental Forest; and
(3) the acquisition or construction of facilities for the study and recovery of endangered tropical wildlife, fish and plant species.
(Pub. L. 101–513, title VI, § 604, Nov. 5, 1990, 104 Stat. 2071; Pub. L. 102–574, § 2(b)(2), Oct. 29, 1992, 106 Stat. 4596.)
heading: Amendments
text: 1992—Pub. L. 102–574 inserted “in Puerto Rico” in section catchline.
heading: Change of Name
text: Ex. Ord. No. 13428, Apr. 2, 2007, 72 F.R. 16693, provided that the Caribbean National Forest in the Commonwealth of Puerto Rico, referred to in subsecs. (a) and (b)(2), is renamed the “El Yunque National Forest”.
16 U.S.C. § 4503c (CONSERVATION)
§ 4503c. Omitted
heading: Codification
text: Section, Pub. L. 101–513, title VI, § 607, as added Pub. L. 102–574, § 2(a)(2), Oct. 29, 1992, 106 Stat. 4595, which required the Secretary of Agriculture to make annual reports to Congress, submitting the reports pursuant to section 1606(c) of this title, on the progress, needs, and long-range plans of the Institutes of Tropical Forestry in meeting the requirements of section 6706 of Title 7, Agriculture, 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 45 of House Document No. 103–7.
A prior section 607 of Pub. L. 101–513, which amended sections 1641, 1643, 2101, and 2109 of this title, was renumbered section 611.