dreamproit/uscode huggingface dataset:
15 U.S.C. § 8404 (COMMERCE AND TRADE)
§ 8404. Enforcement by Federal Trade Commission
(a) In general
Violation of this chapter or any regulation prescribed under this chapter shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter.
(b) Penalties
Any person who violates this chapter or any regulation prescribed under this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this chapter.
(c) Authority preserved
Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(Pub. L. 111–345, § 5, Dec. 29, 2010, 124 Stat. 3620.)
heading: References in Text
text: The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.
15 U.S.C. § 8405 (COMMERCE AND TRADE)
§ 8405. Enforcement by State attorneys general
(a) Right of action
Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this chapter or any regulation issued under this chapter that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, to obtain appropriate injunctive relief.
(b) Notice to Commission required
A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection (a) together with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action.
(c) Intervention by the Commission
The Commission may intervene in such civil action and upon intervening—
(1) be heard on all matters arising in such civil action; and
(2) file petitions for appeal of a decision in such civil action.
(d) Construction
Nothing in this section shall be construed—
(1) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or
(2) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.
(e) Limitation
No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this chapter.
(Pub. L. 111–345, § 6, Dec. 29, 2010, 124 Stat. 3621.)
16 U.S.C. § 1a–3 (CONSERVATION)
§ 1a–3. Legislative jurisdiction; relinquishment by Secretary; submittal of proposed agreement to Congressional committees; concurrent legislative jurisdiction
Notwithstanding any other provision of law, the Secretary of the Interior may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, part of the legislative jurisdiction of the United States over National Park System lands or interests therein in that State, Commonwealth, territory, or possession: Provided, That prior to consummating any such relinquishment, the Secretary shall submit the proposed agreement to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and shall not finalize such agreement until sixty calendar days after such submission shall have elapsed. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide. The Secretary shall diligently pursue the consummation of arrangements with each State, Commonwealth, territory, or possession within which a unit of the National Park System is located to the end that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within units of the National Park System.
(Pub. L. 91–383, § 6, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1939; amended Pub. L. 103–437, § 6(a)(1), Nov. 2, 1994, 108 Stat. 4583.)
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the United States Congress”.
16 U.S.C. § 1a–4 (CONSERVATION)
§ 1a–4. Uniform allowance
Notwithstanding section 5901(a) of title 5, the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually.
(Pub. L. 91–383, § 7, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1940.)
16 U.S.C. § 1a–7a (CONSERVATION)
§ 1a–7a. National Park System crime prevention assistance
(a) Availability of funds
There are authorized to be appropriated out of the Violent Crime Reduction Trust Fund, not to exceed $10,000,000, for the Secretary of the Interior to take all necessary actions to seek to reduce the incidence of violent crime in the National Park System.
(b) Recommendations for improvement
The Secretary shall direct the chief official responsible for law enforcement within the National Park Service to—
(1) compile a list of areas within the National Park System with the highest rates of violent crime;
(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and
(3) publish the information required by paragraphs (1) and (2) in the Federal Register.
(c) Distribution of funds
Based on the recommendations and list issued pursuant to subsection (b) of this section, the Secretary shall distribute the funds authorized by subsection (a) of this section throughout the National Park System. Priority shall be given to those areas with the highest rates of sexual assault.
(d) Use of funds
Funds provided under this section may be used—
(1) to increase lighting within or adjacent to National Park System units;
(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to National Park System units;
(3) to increase security or law enforcement personnel within or adjacent to National Park System units; or
(4) for any other project intended to increase the security and safety of National Park System units.
(Pub. L. 91–383, § 13, as added Pub. L. 103–322, title IV, § 40132, Sept. 13, 1994, 108 Stat. 1917.)
16 U.S.C. § 1a–8 (CONSERVATION)
§ 1a–8. Maintenance management system
(a) Implementation and elements
Beginning in fiscal year 1985, the National Park Service shall implement a maintenance management system into the maintenance and operations programs of the National Park System. For purposes of this section the term “maintenance management system” means a system that contains but is not limited to the following elements:
(1) a work load inventory of assets including detailed information that quantifies for all assets (including but not limited to buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed;
(2) a set of maintenance tasks that describe the maintenance work in each unit of the National Park System;
(3) a description of work standards including frequency of maintenance, measurable quality standard to which assets should be maintained, methods for accomplishing work, required labor, equipment and material resources, and expected worker production for each maintenance task;
(4) a work program and performance budget which develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task;
(5) a work schedule which identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources;
(6) work orders specifying job authorizations and a record of work accomplished which can be used to record actual labor and material costs; and
(7) reports and special analyses which compare planned versus actual accomplishments and costs and can be used to evaluate maintenance operations.
(b) Repealed. Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196
(Pub. L. 98–540, § 4, Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, § 6(d)(1), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–333 struck out subsec. (b) which read as follows:
“The National Park Service shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, at the end of each fiscal year, a copy of a report summarizing the status of implementation of a maintenance management system until such a system has been implemented.
“The report shall incorporate the following information:
“(1) the number of units in the National Park System that have implemented a maintenance management system during the period;
“(2) contract costs versus management efficiencies achieved;
“(3) the total amount of dollars spent on contracts for services; and
“(4) estimation of the total value of benefits achieved through greater management efficiency.”
1994—Subsec. (b). Pub. L. 103–437 in introductory provisions substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 1a–9 (CONSERVATION)
§ 1a–9. Periodic review of National Park System
The Secretary of the Interior (hereafter in sections 1a–9 to 1a–13 of this title referred to as the “Secretary”) is authorized and directed to conduct a systematic and comprehensive review of certain aspects of the National Park System and to submit on a periodic basis but not later than every 3 years a report to the Committee on Natural Resources and the Committee on Appropriations of the United States House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate on the findings of such review, together with such recommendations as the Secretary determines necessary. The first report shall be submitted no later than 3 years after November 28, 1990.
(Pub. L. 101–628, title XII, § 1213, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, § 6(d)(2), Nov. 2, 1994, 108 Stat. 4583.)
heading: References in Text
text: Sections 1a–9 to 1a–13 of this title, referred to in text, was in the original “this title”, meaning title XII of Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4503, which enacted sections 1a–9 to 1a–13 of this title, amended section 463 of this title, and enacted provisions set out as a note under section 1a–5 of this title. For complete classification of title XII to the Code, see Tables.
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 1a–10 (CONSERVATION)
§ 1a–10. Consultation with affected agencies and organizations
In conducting and preparing the report referred to in section 1a–9 of this title, the Secretary shall consult with appropriate officials of affected Federal, State and local agencies, together with national, regional, and local organizations, including but not limited to holding such public hearings as the Secretary determines to be appropriate to provide a full opportunity for public comment.
(Pub. L. 101–628, title XII, § 1214, Nov. 28, 1990, 104 Stat. 4508.)
heading: References in Text
text: Section 1a–9 of this title, referred to in text, was in the original “section 1”, and was translated as reading “section 1213”, meaning section 1213 of Pub. L. 101–628, title XII, Nov. 28, 1990, 104 Stat. 4507, which enacted section 1a–9 relating to submission of reports, as the probable intent of Congress.
16 U.S.C. § 1a–11 (CONSERVATION)
§ 1a–11. Contents of report
The report shall contain—
(a) A comprehensive listing of all authorized but unacquired lands within the exterior boundaries of each unit of the National Park System as of November 28, 1990.
(b) A priority listing of all such unacquired parcels by individual park unit and for the National Park System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for such lands), and the basis for such estimate.
(c) An analysis and evaluation of the current and future needs of each unit of the National Park System for resource management, interpretation, construction, operation and maintenance, personnel, housing, together with an estimate of the costs thereof.
(Pub. L. 101–628, title XII, § 1215, Nov. 28, 1990, 104 Stat. 4508.)
16 U.S.C. § 1a–12 (CONSERVATION)
§ 1a–12. Evaluation of proposed boundary changes
Within one year after November 28, 1990, the Secretary shall develop criteria to evaluate any proposed changes to the existing boundaries of individual park units including—
(a) analysis of whether or not the existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the unit;
(b) an evaluation of each parcel proposed for addition or deletion to the unit based on the analysis under paragraph (1); 1
(c) an assessment of the impact of potential boundary adjustments taking into consideration the factors in paragraph (c) 2 as well as the effect of the adjustments on the local communities and surrounding area.
(Pub. L. 101–628, title XII, § 1216, Nov. 28, 1990, 104 Stat. 4508.)
16 U.S.C. § 1a–13 (CONSERVATION)
§ 1a–13. Proposals for boundary changes
In proposing any boundary change after November 28, 1990, the Secretary shall—
(a) consult with affected agencies of State and local governments 1 surrounding communities, affected landowners and private national, regional, and local organizations;
(b) apply the criteria developed pursuant to section 1a–12 of this title and accompany this proposal with a statement reflecting the results of the application of such criteria;
(c) include with such proposal an estimate of the cost for acquisition of any parcels proposed for acquisition together with the basis for the estimate and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other lands for such unit and for the National Park System.
(Pub. L. 101–628, title XII, § 1217, Nov. 28, 1990, 104 Stat. 4508.)
16 U.S.C. § 1a–14 (CONSERVATION)
§ 1a–14. National Park System advisory committees
(a) Charter
The provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776) are hereby waived with respect to any advisory commission or advisory committee established by law in connection with any national park system unit during the period such advisory commission or advisory committee is authorized by law.
(b) Members
In the case of any advisory commission or advisory committee established in connection with any national park system unit, any member of such Commission or Committee may serve after the expiration of his or her term until a successor is appointed.
(Pub. L. 102–525, title III, § 301, Oct. 26, 1992, 106 Stat. 3441.)
heading: References in Text
text: Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (a), is section 14(b) of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 1e (CONSERVATION)
§ 1e. National Capital region arts and cultural affairs; grant program
There is hereby established under the direction of the National Park Service a program to support and enhance artistic and cultural activities in the National Capital region. Eligibility for grants shall be limited to organizations of demonstrated national significance which meet at least two of the additional following criteria:
(1) an annual operating budget in excess of $1,000,000;
(2) an annual audience or visitation of at least 200,000 people;
(3) a paid staff of at least one hundred persons; or
(4) eligibility under the Historic Sites Act of 1935 (16 U.S.C. 462(e)).
Public or private colleges and universities are not eligible for grants under this program.
Grants awarded under this section may be used to support general operations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year.
The Director of the National Park Service shall establish an application process, appoint a review panel of five qualified persons, at least a majority of whom reside in the National Capital region, and develop other program guidelines and definitions as required.
The contractual amounts required for the support of Ford’s Theater and Wolf Trap National Park for the Performing Arts shall be available within the amount herein provided without regard to any other provisions of this section.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1844; Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330.)
heading: References in Text
text: The Historic Sites Act of 1935, referred to in text, which is also known as the Historic Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, which is classified to sections 461 to 467 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
heading: Amendments
text: 2002—Pub. L. 89–671, § 14(c), as added by Pub. L. 107–219, which provided that any reference to “Wolf Trap Farm Park” shall be considered to be a reference to “Wolf Trap National Park for the Performing Arts”, was executed by substituting “Wolf Trap National Park for the Performing Arts” for “Wolf Trap Farm Park for the Performing Arts” in concluding provisions to reflect the probable intent of Congress.
16 U.S.C. § 1f (CONSERVATION)
§ 1f. Challenge cost-share agreement authority
(1) Definitions
For purposes of this subsection:
(A) The term “challenge cost-share agreement” means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary of the Interior with respect to any unit or program of the National Park System (as defined in section 1c(a) of this title), any affiliated area, or any designated National Scenic or Historic Trail.
(B) The term “cooperator” means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity.
(2) Challenge cost-share agreements
The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators.
(3) Use of Federal funds
In carrying out challenge cost-share agreements, the Secretary of the Interior is authorized to provide the Federal funding share from any funds available to the National Park Service.
(Pub. L. 104–333, div. I, title VIII, § 814(g), Nov. 12, 1996, 110 Stat. 4199.)
16 U.S.C. § 1g (CONSERVATION)
§ 1g. Cooperative agreements
The National Park Service may in fiscal year 1997 and thereafter enter into cooperative agreements that involve the transfer of National Park Service appropriated funds to State, local and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the public purpose of carrying out National Park Service programs pursuant to section 6305 of title 31 to carry out public purposes of National Park Service programs.
(Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–189.)
16 U.S.C. § 1h (CONSERVATION)
§ 1h. Sums provided by private entities for utility services
Notwithstanding any other provision of law, in fiscal year 2003 and thereafter, sums provided to the National Park Service by private entities for utility services shall be credited to the appropriate account and remain available until expended.
(Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 227.)
16 U.S.C. § 1i (CONSERVATION)
§ 1i. Reimbursable agreements
Heretofore and hereafter, in carrying out the work under reimbursable agreements with any State, local or tribal government, the National Park Service may, without regard to section 1341 of title 31 or any other provision of law or regulation, record obligations against accounts receivable from such entities, and shall credit amounts received from such entities to the appropriate account, such credit to occur within 90 days of the date of the original request by the National Park Service for payment.
(Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 227.)